----------- - - Cap.22:23 Pusuc PRocuREMENT AND DtsPOSAL OF Pusuc AssETS No. 512017 PART XIII INvESTIGATIONS BY AUTHORITY 95 Interpretation in Part XIII In this Part"investigator" means a person appointed in terms of section % to conduct an investigation under this Part. 96 Appointment of Investigator by Authority If the Authority considers that an investigation is necessary or desirable for the purpose of preventing, investigating or detecting a contravention of this Act or any other law, the Authority may appoint a person to investigate any matter related to the conduct of any procurement proceedings by a procuring entity or the conclusion or operation of any procurement contract. 97 Powers of investigator (l) For the purpose of an investigation, an investigator shall have the same powers, rights and privileges as are conferred upon a commissioner by the Commissions of Inquiry Act [Chapter 10:07j, other than the power to order a person to be detained in custody, and sections 9 to 13 and 15 to 19 of that Act shall apply, with any necessary changes, in relation to the investigation and to any person summoned to give or giving evidence at that investigation. (2) In addition, an investigator may, for the purposes of an investigation(a) (b) (c) (d) (e) (f) at any time during nonnal office hours, without previous notice, enter any premises of the procuring entity concerned or of any bidder or contractor in the procurement proceedings concerned; require any officer, employee or agent of the procuring entity, bidder or contractor referred to in paragraph (a) to produce any books, records, accounts or documents; search any premises referred to in paragraph (a) for any books, records, accounts or documents; examine and make extracts from and copies of any books, records, accounts or documents of the procuring entity, bidder or contractor referred to in paragraph (a); remove any books, records, accounts or documents of the procuring entity, bidder or contractor referred to in paragraph (a), for so long as may be necessary for the purpose of examining them or making extracts from or copies of them: Provided that the investigator shall give a full receipt for any such books, records, accounts or document so removed; require any officer, employee or agent of the procuring entity, bidder or contractor referred to in paragraph (a)(i) to explain any entry in any books, records, accounts or documents; (ii) to provide the investigator with such information concerning the management or activities of the procuring entity, bidder or contractor as the investigator may reasonably require. (3) The powers of entry and search conferred by subsection (2) shall not be exercised except with the consent of the procuring entity or supplier concerned or of the person in charge of the premises concerned, unless there are reasonable grounds for 93

Select target paragraph3

Add to table of contents