Section 11: Functions of Board

11. Functions of Board (1) The Board shall, in respect of major contracts— (a) establish appropriate internal procedures for the operations of the Board and ensure compliance with them; (b) vet bidding documents and notices submitted to it by public bodies; (c) receive and publicly open bids; (d) select persons from a list of qualified evaluators maintained by it to act as members of a bid evaluation committee and oversee the examination and evaluation of bids; (e) review the recommendations of a bid evaluation committee and— (i) approve the award of the contract; or (ii) require the evaluation committee to make a fresh or further evaluation on specified grounds; and (f) review the recommendations of a public body with respect to an amendment that increases the contract value pursuant to section 25 (2) (c) or (d) or 46 (3), or a variation pursuant to section 46 (4) and— (i) approve the variation or amendment proposed; (ii) require the public body to make a fresh recommendation; or (iii) reject the variation or amendment proposed. (1A) (a) Where the Board requires the evaluation committee to make an evaluation pursuant to subsection (1) (e) (ii), the bid evaluation committee shall, within 5 working days, comply with the requirement of the Board. P56 – 11 [Issue 9] Public Procurement Act (b) Where the bid evaluation committee fails to comply with a requirement under paragraph (a) or the Board is not satisfied with the fresh or further evaluation, the Board may appoint another bid evaluation committee to make a fresh or further evaluation within such time as the Board may determine. (2) The Board shall strive to achieve the highest standards of transparency and equity in the execution of its duties, taking into account— (a) the evaluation criteria and methodology disclosed in the bidding documents; (b) the qualification criteria and methodology disclosed in the bidding documents; (c) equality of opportunity to all bidders; (d) fairness of treatment to all parties; (e) the need to obtain the best value for money in terms of price, quality and delivery, having regard to set specifications; and (f) transparency of process and decisions. (3) The Board shall have such powers, and exercise such functions, as may be assigned to it under any other enactment. [S. 11 amended by s. 35 (e) of Act 14 of 2009 w.e.f. 30 July 2009; s. 43 (f) of Act 9 of 2015 w.e.f. 15 August 2015; s. 42 (b) of Act 18 of 2016 w.e.f. 7 September 2016.]