Pusuc PaocuREMENT AND DrsrosAL OF Pusuc AssETs No.S/2017 Cap.22:23 (5) Procuring entities shall provide the Authority with summaries of their procurement proceedings at such times and in such form as the Authority may require. ( 6) The Authority must establish an electronic system for the purpose of this section. and specify the conditions under which access to electronic data in the system is open. 70 Conduct of procurement officers ( 1) In this section- "procurement officer" means an officer, employee or agent of a procuring entity who is responsible for any aspect of the entity's procurement, including the implementation of procurement contracts. (2) Every procurement officer shall, in the exercise of his or her responsibilities as such(a) ensure that each decision is based on adequate information to the extent that it is available, and is made in good faith, for a proper purpose in accordance with this Act, and in the best interest of the procuring entity; and (b) ensure fair competitive access by bidders to procurement proceedings, including the award of procurement contracts; and (c) avoid any conftict of interest; and (d) act with the utmost propriety and honesty; and (e) not reveal confidential information, including bidders' proprietary information; and (f) abide by the code of conduct referred to in section 71; and (g) comply with any other provision of this Act that is applicable to him or her as a procurement officer. (3) Before a procurement officer enters upon his or her office as such, he or she shall, in writing, undertake to(a) faithfully exercise the functions assigned to him or her as a procurement officer; and (b) abide by rules of conduct provided for by or under this Act, including the code of conduct referred to in section 71. (4) A procurement officer who(a) contravenes subsection (2) or, within forty-eight hours of being requested to do so in writing by his or her superior, fails to comply with subsection (3); or (b) breaches an undertaking given in terms of subsection (3); shall be guilty of(i) misconduct under Part V of the Public Service Act [Chapter I6:04], where he or she is a civil servant; or (ii) a military offence for the purposes of the Defence Act [Chapter II :02], where he or she is a member of the Defence Forces; or (iii) omitting or neglecting to perform a duty, or performing a duty in an improper manner, as provided in paragraph 34 of the First Schedule to the Police Act [Chapter 11 :IO], where he or she is a police officer; or (iv) a breach of discipline for the purposes of the Prisons Act [Chapter 7:11], where he or she is a prison officer; or (v) a breach of his or her terms and conditions of employment for the purpose of the Labour Act [Chapter 28:0I], in any other case; 82

Select target paragraph3

Add to table of contents