Pusuc PRocuREMENT AND DrsrosAL OF Pusuc AssETs
Cap. 22:23
No.S/2017
and the procurement officer shall be liable to disciplinary action and any other sanction
or punishment accordingly.
(5) Where a contravention or breach referred to in subsection (4) amounts to an
offence under any law, the procuring entity shall report it to the police for prosecution.
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Code of conduct for procurement officers
(1) Regulations in terms of section 101 shall provide for a code of conduct
for officers and employees of procuring entities, in so far as they are responsible for
any aspect of the entities' procurement, including the implementation of procurement
contracts.
(2) The code of conduct shall provide for all matters relating to the conduct of
the officers and employees concerned, in so far as they are engaged in procurement,
including(a) the qualifications and training of such officers and employees; and
(b)
the prevention of conflicts of interest in procurement; and
(c)
the prohibition of collusion with any bidder involved in a competitive
bidding process; and
(d)
declarations of interest in particular procurements.
(3) The Authority shall ensure that the code of conduct is promptly made readily
accessible to the public and is systematically up-dated to conform with evolving best
practices in procurement.
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Conduct of bidders and contractors
(1) Bidders and contractors shall at all times abide by their obligations under
this Act and, where applicable, their procurement contracts.
(2) Bidders shall not collude with each other, before or after they submit their
bids, in order to-
(a)
allocate procuring entities among bidders; or
(b)
establish bid prices at artificial non-competitive levels; or
(c)
in any other way, deprive a procuring entity of the benefits of free and
open competition.
(3) Where a procuring entity ascertains that a bidder or potential bidder-
(a)
has contravened subsection (l) or (2); or
(b)
has been convicted of an offence involving(i) dishonesty, corruption, obstruction of justice or a lack of honesty
or business integrity; or
(ii) anti-competitive practices, whether or not involving collusion;
(c)
(d)
or
has neglected or failed without good cause to carry out a material provision
of a contract, with the result that the other contracting party terminated the
contract and additionally, or alternatively, became entitled to liquidated
damages or some other contractual remedy; or
has been guilty of unethical conduct in relation to any procurement,
including(i) offering or making a payment or offer of employment, or offering
or giving a gratuity or other reward, in order to influence a decision;
or
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