Pusuc PROCUREMENT AND DrsrosAL OF Pusuc AssETs
No.S/2017
Cap.22:23
believing that it is necessary to exercise those powers for the prevention, investigation
or detection of an offence or for the obtaining of evidence relating to an offence.
(4) Any person who, without just cause, hinders or obstructs an investigator
in the exercise of his or her functions under this Part shall be guilty of an offence and
liable to a fine not exceeding level five or to imprisonment for a period not exceeding
six months or to both such fine and such imprisonment.
98
Procedure on completion of investigation
(1) On completion of an investigation in terms of this Part, an investigator
shall( a)
(b)
forward a copy of his or her report thereon to the Authority; and
send a summary of his or her findings and recommendations to the
procuring entity and to any contractor whose conduct was the subject of
the investigation.
(2) If, after considering an investigator's report the Authority is satisfied that
there has been a contravention of this Act or any other law in relation to any procurement
proceedings or procurement contract, the Authority may take such action as in its
opinion is necessary to rectify the contravention, including( a) annulment of the procurement proceedings;
(b) cancellation of the procurement contract;
(c) activation of any penalty clause in the procurement contract;
(d) condonation of the contravention;
(e) ratification of anything done in relation to the proceedings;
(f) a declaration in terms of section 99 debarring the contractor from
participating in any procurement proceedings;
and, notwithstanding any other law, the proceedings or contract concerned shall be
annulled, cancelled or have effect, as the case may be, accordingly.
(3) Before taking any action in terms of subsection (2) which may adversely
affect the rights or property of any person, the Authority shall afford that person an
adequate opportunity to make representations in the matter.
PART XIV
GENERAL
99
Authority may declare person ineligible to be awarded procurement
contract
(1) Subject to this section, if the Authority is satisfied that(a) a person who is or was a bidder has been convicted of an offence under
this Act or of corruption in respect of any procurement proceedings; or
(b)
any procurement contract between a contractor and a procuring entity has
been cancelled or otherwise terminated on account of fraud or persistent
underperformance or non-performance of the contract on the part of the
contractor;
the Authority p1ay declare the bidder, former bidder or contractor, as the case may be,
to be ineligible to participate in procurement proceedings with any procuring entity for
such period as the Authority may specify, which period shall not exceed three years.
(2) Before making a declaration, the Authority shall notify the contractor or
former contractor concerned that it is contemplating making the declaration and shall
ensure that it is given an adequate opportunity to make representations in the matter.
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