Pusuc PROCUREMENT AND DISPOSAL OF Pusuc AssETS
Cap. 22:23
No.S/2017
(3) The Authority shall ensure that all procuring entities and the bidder, former
bidder or contractor concerned are notified without delay of the tenns of any declaration
by the Authority.
(4) The Authority, on good cause shown, may at any time amend or revoke a
declaration.
(5) During the period that a declaration is in effect, no tender or bid submitted
by the bidder, former bidder or contractor concerned in any procurement proceedings
shall be considered, and any procurement contract concluded between the bidder, former
bidder or contractor and a procuring entity shall be void.
(6) This section shall not be construed as limiting any other provision of this Act
or any other enactment under which a person may be declared ineligible to participate
in procurement proceedings or to be awarded a procurement contract.
100 Application of Act to joint ventures
(l) In this section-
"contracting authority" and "counterparty" are as defined in the Joint Ventures
Act;
"joint venture" means the entity resulting from a joint venture agreement (and
if no such entity is formed, the parties to the agreement are deemed for
the purposes of this section to constitute such an entity);
"Joint Ventures Act" means the Joint Ventures Act [Chapter 22:22] (No.6 of
2015).
(2) This Act does not apply to procurement of or by joint ventures except to
the extent herein specified.
(3) If the Cabinet, in terms of the Joint Ventures Act, directs a contracting
authority to receive tenders for a joint venture project from one of two or more identified
counterparties in accordance with the law relating to public procurement, then the
contracting authority must adopt the restricted bidding method outlined in section 32 in
relation to those counterparties as if they constituted the list of qualified bidders there
referred to.
(4) If the Cabinet, in terms of the Joint Ventures Act, directs a contracting
authority to receive tenders for a joint venture project from proposed counterparties in
accordance with the law relating to public procurement, then the contracting authority
must(a) treat the joint venture project as a procurement requirement of particularly
high value or complexity as contemplated in section 31 (3), and accordingly
follow the pre-qualifying procedures prescribed in paragraph (b), (c) and
(d) below;
(b) cause a notice inviting expressions of interest in the project from potential
counterparties to be published in the Gazette and(i) in at least one national newspaper of wide enough circulation to
reach sufficient bidders to ensure effective competition; or
(ii) to the extent it is feasible to do so, on the internet and on any website
established by the Authority;
and may cause the notice to be broadcast over radio or television,
so as to reach as many potential bidders as possible;
(c)
shortlist three to five expressions of interest where the contracting authority
receives more than three responses, in descending order of eligibility
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