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Section 50: Duties of public bodies

Public Procurement Act · PART VIII: PROCUREMENT INTEGRITY

consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

50. Duties of public bodies (1) Every public body shall be responsible for ensuring that procurement functions are carried out by persons trained and knowledgeable in procurement, in accordance with guidelines and qualification requirements prescribed or laid down by the Policy Office. (2) Every public body shall— (a) engage in procurement planning with a view to achieving maximum value for public expenditure and the other objectives of this Act; (b) make an annual plan for budgeting purposes and plan each step of procurement for major contracts in such manner as may be prescribed. (3) Every public body shall record and preserve all documentation relating to any procurement proceedings in such manner as may be prescribed. (4) Subject to this Act, all documents, notifications, decisions and other communications referred to in this Act shall be in writing. (5) Where it is so prescribed, a public body may authorise the use of other forms of communication, including electronic communication, for publication of invitations to bid, transmission of bidding documents, submission of bids, conclusion of contracts and processing of payment. (6) Where other means of communication are used in accordance with subsection (5), the public body shall ensure that— (a) a record of the content of the communication is preserved; (b) an adequate level of security and confidentiality is provided; P56 – 25 [Issue 1] Public Procurement Act (c) the bidders' access to the records of the procurement proceedings is preserved; and (d) any other requirement of this Act is complied with.

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