No.S/2017
91
Pusuc PRocuREMENT AND DISPOSAL OF Pusuc AssETS
Cap.22:23
Disposal committee
( l) A procuring entity shall establish a disposal committee for the purpose
of recommending the best method of disposing of unserviceable, obsolete or surplus
public assets.
(2) The composition of a disposal committee, and its powers and procedures,
shall be as prescribed.
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Disposal procedure
(1) An employee of a procuring entity who is in charge of any of the entity's
public assets shall without delay report to the entity's disposal committee whenever
such an asset under his or her charge becomes unserviceable, obsolete or surplus.
(2) A disposal committee shall without delay consider any report in terms of
subsection (1) and recommend to the procuring entity's accounting officer a method
of disposing of the asset concerned, which method may include(a) transferring the asset to another procuring entity, with or without financial
adjustment; and
(b) selling the asset by public tender or by public auction; and
(c) destroying, dumping or burying the asset; and
(d) trading in the asset for another one; and
(e) any other suitable method that may be prescribed or that the Authority
may direct or recommend.
(3) Within such period as may be prescribed after receiving recommendations of
the disposal committee in terms of subsection (2), the accounting officer of the procuring
entity shall notify the committee whether or not he or she accepts the recommendations,
and if he or she(a) accepts them, the asset shall be disposed of in accordance with those
recommendations;
(b) rejects them, he or she shall, when notifying the disposal committee of
the rejection or as soon as possible thereafter(i) provide the committee with written reasons for the rejection; and
(ii) send the Authority a copy of the notice of rejection and the reasons
for it; and
(iii) refer the matter back to the disposal committee for further
consideration.
(3) The Authority may issue written directions to procuring entities regarding
the disposal of public assets that are unserviceable, obsolete or surplus.
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Restriction on disposal of assets to employees, etc.
Except in such circumstances and subject to such conditions as may be prescribed,
a procuring entity shall not dispose of an unserviceable, obsolete or surplus asset to
any of its employees or to a member of its board or any of its committees.
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Challenge to disposal of asset by procuring entity
Any person who is aggrieved by the disposal or proposed disposal of a public
asset by a procuring entity may challenge the disposal or proposed disposal as if he or
she were a bidder in procurement proceedings to acquire the asset concerned, and Part
X, with any necessary changes, shall apply to the challenge accordingly.
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Select target paragraph3
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