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
Select target paragraph3
Add to table of contents