- 6 Marks
Question
c) Section 92 (1) of the Public Procurement Act, 2003 (Act 663) provides that any person who contravenes any provision of the Act commits an offense and where no penalty has been provided for the offense, the person is liable on summary conviction to a fine not exceeding 1000 penalty units or a term of imprisonment not exceeding five years or to both.
Required:
Explain FOUR (4) circumstances that may constitute an offense as provided by the Public Procurement Act 2003, (Act 663).
(6 marks)
Answer
The following constitute offenses under the Public Procurement Act 2003 (Act 663):
a) Entering into a collusive agreement: Any person who attempts to enter into a collusive agreement, whether enforceable or not, with any other supplier or contractor where the prices quoted in their respective tenders, proposals, or quotations are or would be higher than would have been the case had there not been collusion.
b) Influencing the procurement process: Directly or indirectly influencing or attempting to influence the procurement process in any manner to obtain an unfair advantage in the award of a procurement contract.
c) Altering procurement documents: Altering any procurement document with the intent to influence the outcome of a tender proceeding. This includes forged arithmetical corrections or the insertion of documents, such as bid security or tax clearance certificates, which were not submitted at bid opening.
d) Request for clarification: Making a request for clarification in a manner not permitted under the Act, which could give an unfair advantage in the procurement process.
- Tags: Collusion, Procurement Offenses, Procurement Process, Public Procurement Act
- Level: Level 2
- Topic: Public Procurement
- Series: MAY 2019
- Uploader: Joseph