Cap.22:23
Pusuc PROCUREMENT AND
DISPOSAL
OF Pusuc AssETs
No.S/2017
(4) Within the time referred to in subsection (5)(a)
the Minister may-(i) on his or her own initiative or on the advice of the Accountant-General,
in relation to any procurement contract or procurement contract by
a joint venture that the Minister or the Accountant-General deems to
be especially sensitive or especially valuable despite no prescription
being made to that effect governing tbe contract in question; or
(ii) in relation to any exempted contract that the Minister deems to be
especially sensitive or especially valuable;
(b)
the Accountant-General shall, in relation to any procurement contract or
procurement contract by a joint venture whose value or subject-matter
falls within the meaning of"especially sensitive" or"especially valuable"
as prescribed;
convene on not less than forty-eight hours' written notice to the members of the
Committee a meeting of the Committee to scrutinise the proposed contract award at a
time and place specified by the Minister or the Accountant-General in his or her notice.
(5) A meeting of the Committee must be convened, in the case of-
(a)
an especially sensitive or especially valuable procurement contract, as
soon as possible after the evaluation of the bids in terms of section 50( l)
or 59, and in any event before the notification of the successful bidder;
or
(b)
an exempted contract or procurement contract by a joint venture that is
deemed to be especially sensitive or especially valuable, at any time before
the acceptance of the contract terms is communicated to contractor.
(6) For the purpose of scrutinising(a)
procurement proceedings for a contract that is or is deemed to be especially
sensitive or especially valuable, the Chief Executive Officer shall avail
to the Committee in advance-
(i) the procurement record relating to those proceedings; and
(ii) such other documents or information as the Chairperson may
reasonably require for the purposes of the scrutiny;
(b)
an exempted contract or procurement contract by a joint venture that is or
is deemed to be especially sensitive or especially valuable, the responsible
officer shall avail to the Committee in advance such documents or
information as the Chairperson may reasonably require for the purposes
of the scrutiny.
(7) Any refusal on the part of any person to co-operate, to the best of his or her
ability, with the Committee's request in terms of subsection (6)(a)(ii) or (b), whether
communicated directly by the Chairperson of the Committee or through the Chief
Executive Officer, is deemed to be an offence referred to in section 97(4) as if for the
word "investigator" the word "Committee" is substituted therefor.
(8) Subject to subsection (9), all questions or matters which are required to be
decided by the Committee shall be decided by a majority of the members thereof:
Provided that, where the opinions of the members are equally divided on any
question or matter, the decision of the Chairperson or member acting as the Chairperson
shall be the decision of the Committee.
(9) Any matter of law arising for decision by the Committee and any question
as to whether a matter for decision is a matter of fact or a matter of law shall be decided
by the Attorney-General or his or her delegate.
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