Cap.22:23
Pusuc PROCUREMENT AND DrsrosAL OF Pusuc AssETs
No.S/2017
to develop and advise the Government on ways in which the environmental,
social and economic policies of Zimbabwe, including those designed for
economic empowerment and domestic preferences, may be implemented
through public procurement; and
(k) to refer contraventions of this Act to appropriate enforcement or
disciplinary authorities; and
(l) to establish and implement an independent review mechanism to deal
with challenges brought by aggrieved bidders in accordance with Part X
or by other persons in accordance with Part XII; and
(m) to consult regularly with persons in the public and private sectors who
have an interest in the public procurement system, in order to assess their
perception of the system; and
(n) to recommend amendments to the law regarding public procurement, in
the light of international practices and experience; and
(o) to exercise any other function conferred or imposed on the Authority by
or under this Act or any other enactment.
(j)
(2) The Authority shall exercise its functions impartially and without fear,
favour or prejudice and shall conduct all its activities in a clear and open manner so as
to give the fullest effect to the objectives of this Act set out in section 4.
(3) Before reaching a decision that affects or is likely to affect the rights or
interests of any person, the Authority shall, to the fullest extent practicable(a) give the person due and clear notice of the nature of the decision the
Authority is to make and of the factors the Authority is likely to take into
consideration when making it; and
(b) allow the person reasonable access to the information available to the
Authority in regard to the matter under consideration; and
(c) give the person as full an opportunity as circumstances allow to make
representations in the matter; and
(d) take into account any representations that the person may make in the
matter;
and generally the Authority shall observe due process and the rules commonly known
as the rules of natural justice.
(4) Where the Authority has made a decision or taken action that adversely
affects the rights or interests of any person, the Authority shall give that person, promptly
on demand, written reasons for the decision or action.
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Powers of Authority
Without limiting section 5 ("Establishment of Procurement Regulatory Authority
of Zimbabwe"), in the exercise of its functions the Authority shall have power, subject
to this Act, to do any of the following things(a) to issue directions of a general nature to procuring entities regarding the
manner in which they are to conduct procurement proceedings in order
to ensure compliance with this Act:
(b)
Provided that the Authority shall not issue such directions so as
to apply only to individual procurement proceedings;
to require procuring entities to collect information regarding procurement
and to provide the Authority with such information in such form, and at
such intervals or within such periods, as the Authority may direct;
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