No. 5/2017 PUBUC PROCUREMENT AND DISPOSAL OF PUBUC AsSETS Cap.22:23 ( 10) The Committee has the following powers( a) (b) (c) to adjourn and reconvene its meetings to enable it to complete the scrutiny of any proposed award of a procurement contract: Provided that the Committee must endeavour to complete its review in a single sitting. failing which it must complete its review by the third sitting; to invite any person to attend a meeting of the Committee. where the Committee considers that the person has special knowledge or experience in any matter being considered by the Committee; in relation to the award of a proposed procurement contract that is or is deemed to be especially sensitive or especially valuable(i) to certify to the best of its knowledge and ability that the proposed award withstands scrutiny, and to recommend that the procurement contract be awarded; or (ii) with respect to defective procurement proceedingsA. B. to refer any matter back to the procuring entity for corrective action to be taken; or to cancel the procurement proceedings and order that they be recommenced; or (iii) to order the Authority to initiate an investigation in terms of Part XIII, whether or not concurrently with any other action the Committee may order under subparagraph (ii); or (d) (e) to recommend to the Minister the acceptance (unconditionally or subject to such conditions as the Committee may specify) of any proposed exempted contract or procurement contract by a joint venture that withstands scrutiny, or the rejection of any proposed exempted contract or procurement contract by a joint venture for failure to withstand scrutiny; to deem any proposed contract to be rejected because not enough information or documentation in relation to the proposal was availed to the Committee to enable it to properly scrutinise it (in which event the Minister or the Accountant-General, as the case may be, may resubmit the proposal to the Committee within the period of validity of the bid concerned). ( 11) The Committee shall incur no liability towards bidders or other persons for action taken by it in good faith in terms of this section. 55 Contract award (1) Having evaluated the bids, a procuring entity shall award the procurement contract to the bidder that(a) submitted the lowest bid which meets the price and non-price criteria specified in the bidding documents; or (b) offers the most economically advantageous tender. (2) Before the expiry of the period of bid validity, the procuring entity shall notify( a) the successful bidder of the proposed award and of the time within which the contract must be signed, subject to any intervening challenge filed in accordance with Part X; and (b) the other bidders of the name and address of the proposed successful bidder and the price of the contract; and the contract shall not be signed until at least fourteen days have passed following the giving of that notice. 74

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