PUBLIC SERVICE (PROCUREMENT)  ġ S.L.174.02 1
SUBSIDIARY LEGISLATION 174.02
PUBLIC SERVICE (PROCUREMENT) 
REGULATIONS
1st August, 1996
LEGAL NOTICE 70 of 1996, as amended by Legal Notices 140 of 1996,
98 of 2002 and 387 of 2003.
Title .
(Procurement) Regulations.
Interpretation.
requires-
"Director" means the Head of the Department of Contracts;
"Minister" means the Minister responsible for finance;
"Secretary" means the Permanent Secretary at the Ministry
responsible for finance;
"variations outside the limit of the tender conditions" means a
variation other than one for which provision is made in the relative
call for tenders.
Applicability. 
departments and divisions:
Provided that public corporations or other bodies
(hereinafter referred to as public organisations) may, in accordance
with or under their constituent law, be directed to have their
procurement regulated by these Regulations, or that certain funds
may be made available to them by Government on condition that
equipment, stores, works or services to be procured thereby are to
be made in accordance with these Regulations.
Scope.
Director, heads of department and other officers to enter into
contracts on behalf of the Government, and any contract entered
into contrary to the provisions thereof shall be rescindable at the
request of the Government.
(2) These Regulations do not confer any right to any tenderer,
supplier or contractor beyond those pertaining under civil law.
(3) The Minister may, subject to such conditions and
limitations as he may deem proper, delegate, in writing, to the
Secretary, the Director or to any public officer (or, solely in the
case of a public corporation or body referred to in the proviso to
regulation 3, an officer of the respective public corporation or
body) any of the powers reserved to him under these Regulations.
(4) The Minister may, in writing, dispense from any of the
provisions of these Regulations and may order that any procedure
therein prescribed be not carried out; he may further in writing
convalidate any thing done not in accordance with these
2 ġ S.L.174.02 PUBLIC SERVICE (PROCUREMENT) 
Regulations or any procedure prescribed therein, or in writing
direct that any procurement be carried out otherwise than in
accordance with these Regulations.
Director of 
Contracts.
Amended by:
L.N. 98 of 2002.
5.  (1)  There shall be a Director of Contracts who shall be
responsible for the running of the Department of Contracts and
generally for the administration of the procurement procedures as
laid down in these Regulations.
(2)  It shall be the function of the Director of Contracts -
( a )  to establish the general conditions of contract in
relation to matters listed in the First Schedule to these
Regulations and to publish the same in accordance
with the said schedule;
( b ) to authorise deviations from standard specifications
and conditions (whether technical or otherwise) to be
included in tender documents;
( c ) to ensure that tender conditions and specifications do
not give an undue advantage or disadvantage to any
particular supplier;
( d ) to vet and approve (with or without modifications)
tender documents, before the same are issued and
published;
( e ) to ensure that calls for tenders are adequately
advertised and that sufficient time is allowed for the
submission of tenders;
( f ) to publish in the Gazette a notice of all awards of
tenders, including variations outside the limit of the
tender conditions, within four months after their
award;
( g ) with the concurrence of the General Contracts
Committee and in accordance with the rules set out in
the Second Schedule to these Regulations, to draw up,
in such sectors as may be determined by him, graded
lists of qualified contractors to whom contracts may be
awarded in the said sectors;
( h ) to establish and regulate the procedure to be followed
during meetings of the Contracts Committees and
departmental boards, and during the issue and
publication of calls for tenders, receipt of offers,
opening of bids, adjudication of tenders and awards of
contracts;
( i ) to monitor Government procurement requirements,
and, after appropriate calls for tenders, enter into
period contracts as necessary; 
( j ) to consider and approve the appointment of contractors
for supplies, works or services for specific periods at
approved prices, rates and conditions;
( k ) Revoked by L.N. 98 of 2002.
( l ) to obtain information from Government departments
PUBLIC SERVICE (PROCUREMENT)  ġ S.L.174.02 3
or other organisations to which these Regulations
apply on the award of departmental contracts,
variation orders, penalties (imposed or remitted) and
generally as he may deem necessary for the carrying
out of his functions under these Regulations;
( m ) to approve, where appropriate, as provided in the
Fourth Schedule to these Regulations, variations
outside the limit of the tender conditions;
( n ) to monitor the proper execution of contracts awarded
by him, and, on the advice of the General Contracts
Committee, to impose or remit, as appropriate,
penalties due on such contracts; and
( o ) to institute any proceedings that may be necessary in
relation to any contract awarded by him.
General Contracts 
Committee.
6.   (1) There shall be a General Contracts Committee whose
members shall be appointed by the Prime Minister on such terms
and conditions as may be specified in their letter of appointment.
(2) The members of the General Contracts Committee shall be
appointed for a fixed term of not more than three years, and may be
reappointed.
(3) A member of the General Contracts Committee may during
his tenure of office be removed by the Prime Minister where he is
satisfied that there has been a clear case of misbehaviour by the
member or inability of a member to perform his functions or where
such circumstances exist that would disqualify such a member from
remaining a member of the Contracts Committee.
Special Contract 
Committees.
Amended by:
L.N. 140 of 1996.
7.  (1)  Where the Prime Minister determines that the
adjudication of tenders for the award of any particular contract
requires special expertise, skills or other input, he may appoint a
Special Contracts Committee for the award of that contract.
(2) The members of a Special Contracts Committee shall be
appointed for the duration of the adjudication process of the
particular call for tenders until a letter of acceptance of tender is
issued or the Director declares that the award of the contract is not
going to be proceeded with, in which case the Director shall, in his
declaration, state the reason or reasons why.
(3) Subject to the above, the provisions of regulation 6 shall
apply to members of a Special Contracts Committee as they apply
to members of the General Contracts Committee.
Provisions in 
respect of members 
of Contracts 
Committees.
Amended by:
L.N. 140 of 1996.
8.   (1) The provisions of the Fifth Schedule to these
Regulations shall apply in respect of the members of the General
Contracts Committee and Special Contracts Committees.
(2) The meetings of the Committees shall be called by the
Chairman who shall preside over such meetings. Any three
members of the Contracts Committee shall constitute a quorum at a
meeting thereof.
(3) During the opening of bids the meetings of the Contracts
Committees shall be open to the public. The list of tenders
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received, together with the respective offered prices, shall be given
publicity by the Director.
Functions of 
Contracts 
Committees.
9.  The Contracts Committees shall have the function to assist
the Director in the execution of his duties in accordance with these
Regulations. In the discharge of their functions, the Contracts
Committees shall be regulated by the provisions of these
Regulations generally and in particular by the provisions of the
Sixth Schedule to these Regulations.
Public Contracts. 10.  Subject to the other provisions of these Regulations, the
procurement of all equipment, stores, works and services by
Government or any other body to which these Regulations apply,
shall be made by contract after a call for tenders in accordance with
these Regulations.
Procurement 
procedure.
11. Except where the Minister otherwise directs, the procedure
for the procurement of equipment, stores, works or services shall be
the following: 
( a ) (i) equipment, stores, works or services costing not
more than five hundred liri may be procured
departmentally either after obtaining quotations
or direct from the open market at the discretion
of the head of Department taking into
consideration the amount involved, the urgency
attached to the procurement and restrictions of
choice and availability;
(ii) equipment, stores, works or services costing
over five hundred liri but not more than one
thousand liri may be procured departmentally
after obtaining quotations;
(iii) equipment, stores, works or services costing
over one thousand liri but not more than two
thousand five hundred liri may be procured
departmentally after a call for tenders, or after
obtaining quotations, or from the open market
after taking into account the amount involved,
the urgency attached to the procurement and
restrictions of choice and availability, as may be
approved by the Minister responsible for that
department, or by the Parliamentary Secretary,
the Permanent Secretary or the head of
department as may be delegated by such
Minister;
(iv) purchases of the same or closely similar material
in different lots under sub-paragraphs (i), (ii)
and (iii) during a period of six months shall not
exceed a total value of ten thousand liri;
( b ) equipment, stores, works or services costing more than
two thousand five hundred liri but not more than
twenty thousand liri shall be procured after a
departmental call for tenders. Such tenders shall be
opened by three senior officers of the department:
PUBLIC SERVICE (PROCUREMENT)  ġ S.L.174.02 5
Provided that the Minister, by written direction,
may allow limits higher than twenty thousand liri in
the case of particular departments and may authorise,
as and when he deems appropriate, the setting up of
Procurements Committees as provided for in the
Seventh Schedule to these Regulations:
Provided further that the Minister may allow
variations, penalties and remissions, in respect of such
contracts, to be approved by the Minister charged with
responsibility for that department, who may delegate
his authority to the Parliamentary Secretary, the
Permanent Secretary, or head of department:
Provided further that the head of the department
shall publish in the Government Gazette all awards of
such contracts, including variations outside the limit of
the tender conditions, within four months after they
are awarded;
( c ) equipment, stores, works or services costing more than
the limits set out or established under paragraph ( b )
shall be procured after a public call for tenders issued
by the Director.
Items common to 
various 
departments.
12.   (1) Equipment, stores, works or services which the
Director may from time to time designate as common to various
departments may be procured by the Director through period
contracts awarded by him after a public call for tenders.
(2) The Director shall periodically notify heads of department
of the prices and conditions applicable for, and the procedure to be
followed in, the procurement of such equipment, stores, works or
services.
(3) Heads of department shall obtain such equipment, stores,
works or services directly from the contractor in accordance with
such conditions and procedures notified by the Director in
accordance with sub-regulation (2). 
Separate packages 
in tender.
13.  Where in accordance with a call for tenders a bid consists
of separate packages, the procedures set out in the Eighth Schedule
to these Regulations shall be followed.
Powers of the 
Director.
Cap. 249.
14. (1) Without prejudice to the provisions of the
Interpretation Act, and to any order or direction given by the
Minister -
( a ) the Director may, at his discretion, accept or reject the
recommendations of the majority of members of the
Contracts Committee for the acceptance or rejection of
any tender;
( b ) where -
(i) the Director disagrees with any recommendation
of the majority of the members of a Contracts
Committee; or
(ii) any recommendation of a Contracts Committee
differs from that submitted by the department or
other body for whom the procurement is to be
6 ġ S.L.174.02 PUBLIC SERVICE (PROCUREMENT) 
made,
the Director may refer the matter for the decision of
the Minister:
Provided that the Director shall always refer any
matter in which he disagrees with the majority of the
members of a Special Contracts Committee for the
decision of the Minister;
( c ) the Director may, at his discretion, refer any matter for
the decision of the Minister.
(2) Any matter referred for the decision of the Minister shall be
so referred in writing and the decision of the Minister shall likewise
be communicated in writing.
Public Contracts 
Appeals Board.
Added by:
L.N. 98 of 2002.
15. (1) There shall be a Public Contracts Appeals Board
whose Chairman and members shall be appointed by the Prime
Minister on such terms and conditions as may be specified in their
letter of appointment.
(2) It shall be the function of the Board to hear and determine
complaints submitted by aggrieved bidders in terms of the Third
Schedule.
(3) In the discharge of their functions the Chairman and the
members of the Public Contracts Appeals Board shall be generally
regulated by the provisions of the Ninth Schedule, provided that the
Chairman of the said Board shall have the power to determine any
procedures for the hearing of such complaints which are not
otherwise provided for in that Schedule.
Annual Report.
Amended by:
L.N. 140 of 1996;
L.N. 98 of 2002.
16.  (1) The Director shall not later than six months after the
end of each financial year make and transmit to the Minister a
report dealing generally with the performance of the General
Contracts Committee and of the Public Contracts Appeals Board
during the financial year being reported upon.  The report shall
include a summary report of any irregularities brought to their
notice or detected and recommendations made thereon, as well as
details of any complaints received and the results of every
investigation carried out by the said Committee and Board.
(2) The Minister shall cause a copy of every such report to be
laid on the Table of the House of Representatives within thirty days
or, if the House is not in session during that period, at the first
session of the House.
17. ( Omitted under the Statute Law Revision Act, 1980 ).
Repeal and saving.
Added by:
L.N. 387 of 2003.
18. (1) Subject to subregulations (2), (3) and (4), these
regulations shall cease to be in force and shall be repealed with
effect from the 1st May, 2004.
(2) As from the 1st January, 2004 these regulations shall no
longer be applicable except for:
( a ) such procurement procedure as may have been
commenced under these regulations; and
( b ) such procurement as on the written authority of the
PUBLIC SERVICE (PROCUREMENT)  ġ S.L.174.02 7
Minister are declared to be regulated under these
regulations,
and such procurement shall continue to be so regulated until all
procedures in connection therewith are finalized.
(3) The provisions of subregulation (2) shall not be applicable
to any procurement procedures commenced on or after the 1st May,
2004.
(4) The provisions of subregulations (2) and (3) shall not apply
to any procurement funded in whole or in part by European
financial instruments.
8 ġ S.L.174.02 PUBLIC SERVICE (PROCUREMENT) 
FIRST SCHEDULE
(Regulation 5(2)( a ))
General Conditions of Contracts 
1. The general conditions of contracts shall deal with: 
i. Contractor specifications required for different classes of contract; 
ii. The nature and form of guarantees required by Government; 
iii. The treatment of local taxes; 
iv. The treatment of foreign currency;
v.  The rate to be used in any calculation of a discounted cash flow
calculations;
vi.  Payment procedure;
vii. The retention amounts to be withheld and the system for their payment;
viii.  Arbitration arrangements;
ix. The nature of penalties to be imposed for non-compliance and the
procedure for their imposition;
x. The proper measuring of the performance, progress and execution of
contracts; 
xi.  Sub-contracting procedures; 
xii.  Procedure on variation orders; and 
xiii. Quality assurance procedures.
2. These standard conditions and any amendments thereto shall be published in
the Gazette before they come into force.
3.  A full updated version of such standard conditions shall be published in the
Gazette during the first month of each year.
Classification of Contractors
1. The procedure for the classification of contractors shall be regulated as
follows:
a . The Director shall publish the criteria on which the classification in
each sector is to be made;
b .  The Director may, on application, include or upgrade suppliers and
contractors after he ensures himself that they fit the published criteria;
c . The Director may remove or downgrade a supplier and contractor either
on application, or after facts indicating such an action become known to
him, or as a penalty for breach of the conditions of any contract
previously awarded to the supplier or contractor:
Provided that in the case of an exclusion or a removal or
Amended by:
L.N. 140 of 1996. SECOND SCHEDULE(Regulation 5(2)( g ))
PUBLIC SERVICE (PROCUREMENT)  ġ S.L.174.02 9
downgrading other than on application, the supplier and contractor
concerned shall be informed of the action intended to be taken and shall
be given two weeks within which to submit reasons against such action.
The decision of the Director shall be final.
2. Contractor and supplier classifications and any amendments thereto shall be
published in the Gazette before they come into force.
3. A full updated version of such contractor and supplier classifications shall
be published in the Gazette during the first month of each year.
Procedure for complaints
The procedure to be followed in making and determination of complaints, and the
conditions under which such complaints may be made shall be the following:
1.  The decision of the Director at any stage of the adjudication process
shall be made public at his department, prior to the award of the
contract or prior to proceeding to the next stage as the case may be.
2. Any tenderer who feels aggrieved by the decision may, within three
working days of the publication of the decision, file a notice of
objection. Such a notice of objection shall only be valid if accompanied
by a deposit of 1% of the estimated tender value. The deposit shall only
be refunded if the objection is upheld:
Provided that in no case shall the deposit be less than Lm100 or
more than Lm25,000.
3. The notice of objection shall be made public by the Director at his
department on the day following its filing.
4. Within three days of the publication of a notice of objection, any other
tenderer involved in the call for tenders may register an interest in the
proceedings. The registration of interest shall only be valid if
accompanied by a deposit amounting to the deposit paid under
paragraph 2. This deposit shall only be refunded if the tender is finally
awarded to the tenderer filing a registration of interest. The tenderer
who had been indicated in the adjudication decision of the Director as
the one to whom the tender was to be awarded, shall be deemed to have
registered an interest but no deposit needs to be made by him.
5. The names of the tenderers who register an interest shall be made public
by the Director at his department on the first day after the time limit
specified in paragraph 4.
6.  ( a ) Within three working days after the publication of the list of
tenderers who registered an interest, the tenderer filing the notice
of objection shall send to the Director a motivated letter of
objection explaining the points of this objection.
( b ) The letter of objection and any accompanying documentation
THIRD SCHEDULE Amended by:L.N. 98 of 2002.
(Regulation 5(2)( k ))
10 ġ S.L.174.02 PUBLIC SERVICE (PROCUREMENT) 
shall be submitted in a number of copies that equals the number
of tenderers with a registered interest plus three.
( c ) The letter of objection shall be made public at the Department of
Contracts and shall be circulated to all tenderers with a registered
interest.
7. ( a ) Within five days from the publication of the letter of objection,
any tenderer who had registered an interest may send a motivated
reply to the letter of objection.
( b ) The reply and any accompanying documentation shall be
submitted in a number of copies that equals the number of
tenderers with a registered interest plus three.
( c ) The reply shall be made public at the Department of Contracts and
shall be circulated to all tenderers with a registered interest and to
all tenderers who have filed an objection.
8. The Director shall, within five days of the publication of the replies,
prepare a report analysing the letter of objection and the replies thereto.
This report shall be circulated to the tenderers who filed an objection
and who have a registered interest.
9. The Director shall forward a copy of the analysis report as well as all
other papers related to the case to the Chairman of the Board who shall
then proceed as stipulated in the Ninth Schedule to these regulations.
10. The Director shall publish a copy of the final decision taken by the
Public Contracts Appeals Board  on the notice board of his department.
Copies of the decision shall be forwarded to the department or
governmental authority involved as well as to the complaining tenderer
and to any tenderer who may have a direct interest in the matter or who
may have registered an interest.
FOURTH SCHEDULE
(Regulation 5(2)( m ))
Variation Orders
1. In all cases where approval for variation orders is required, it is to be sought
from the Director before a commitment is made by the department or public
organisation with the contractor.
2. When requesting such an approval, the department or public organisation
shall present a document specifying the background to the cause of such a variation,
the effect on the total cost of the tender and any effect on the recurrent expenditure
that will ensue.
3. When granting or refusing such a request for variation, the Director shall
specify his view as to whether such a variation could have been avoided and the
procedure to be followed in the future by the department or public organisation to
avoid a recurrence.
4. The Director is to keep a full record of variation requests, including the
name of the contractor involved and details of the documents specified in paragraphs
2 and 3.
PUBLIC SERVICE (PROCUREMENT)  ġ S.L.174.02 11
FIFTH SCHEDULE
(Regulation 8)
Members of the Contracts Committees
( a ) The Committees shall be composed of the Director of Contracts, who shall
be,  ex-officio , the Chairman of the Committees, and of four to ten members who
appear to the Prime Minister to have the relevant qualifications or experience.
( b ) The Prime Minister shall also appoint persons from among the staff at the
Department of Contracts to act as secretaries of the Committees as may be directed
by the Director. The secretaries shall not be members of the Committees and may not
vote thereat.
( c ) During the Chairman’s absence or inability to act as Chairman, or during
any vacancy in the office of the Chairman, the Minister may appoint an officer from
among the most senior of officers at the Department of Contracts to act as the
Chairman of the Committees, to exercise all powers and perform all the functions of
the Chairman.
( d ) A person shall be disqualified from being appointed to and from remaining a
member of a Committee if he -
(i) is a member of the House of Representatives; or
(ii)  has such a financial or other interest as is likely to prejudice the
discharge of his functions as a member of the Contracts Committees.
( e ) A member of a Committee may resign his office by letter addressed to the
Prime Minister.
( f ) A member of any Committee who has any direct or indirect interest in any
contract dealt with by the Committee shall disclose the nature of his interest at the
first meeting of the Committee after the relevant facts have come to his knowledge;
such disclosure shall be recorded in the minutes of that meeting of the Committee
and the member having an interest as aforesaid shall withdraw from any meetings at
which such contract is discussed.
SIXTH SCHEDULE
(Regulation 9)
Functions of the Contracts Committees
A Contracts Committee shall:
1. advise on all matters relating to public contracts, as well as on public
procurement of materials, works and services either on its own initiative or on
specific issues relating to its functions which may from time to time be referred for
its advice;
2. evaluate tenders submitted as well as reports and recommendations made
thereon by the respective departments and public organisations and make definite
recommendations for the award of tenders ensuring that the best value for money at
the lowest possible cost is attained. In this regard, due consideration shall be given
to - 
i. the final cost including financing costs to Government or to the public
12 ġ S.L.174.02 PUBLIC SERVICE (PROCUREMENT) 
organisation, and
ii. the impact of each offer on the recurrent expenditure of Government or
the public organisation;
3.  report any irregularities that may be brought to its notice or that may be
detected in the tendering process and make recommendations thereon to the Minister
charged with responsibility for the department or public organisation concerned;
4. deal with matters which, according to the contract, have to be referred to the
Contracts Committee, and hear and determine disputes between departments or
public organisations as the case may be, and contractors, arising out of public
contracts; and
5. formally investigate complaints concerning public contracts and
procurements and make recommendations thereon:
In such cases the Chairman of the Contracts Committee shall be empowered
to call witnesses (who may be asked to confirm their testimony before a
Commissioner for Oaths) and to engage non-Committee members to assist in the
investigations.
SEVENTH SCHEDULE
(Regulation 11( b ))
Procurements Committees
1. The Minister may authorise the setting up of Committees, to be known as
Procurements Committees, in respect of departmental tenders whose estimated value
exceeds Lm20,000.
2.  Each Procurements Committee shall be composed of the head of the
department, or, in his absence, an officer appointed by the Minister from among the
most senior of officials at the department effecting the purchase, who shall be,  ex-
officio ,  the Chairman of the Committee, and of not less than four members appointed
by the Minister, none of whom shall be performing duties at or members of the staff
of the department effecting the purchase.
3. The provisions of regulations 6, 8(2), (3) and (4) and 14 and of the Fifth and
Sixth Schedules to these Regulations shall apply  mutatis mutandis   to the setting up
and the functions of each Procurements Committee, its Chairman and its members.
Separate packages in tender offer
The Director of Contracts shall, on all tenders with an estimated value of over
Lm250,000 or, at his discretion, on tenders of a lower value -
1. direct that one of the tender conditions provides that bid offers shall only
qualify for consideration provided they include in separate packages:
Amended by:
L.N. 140 of 1996. EIGHTH SCHEDULE (Regulation 13)
PUBLIC SERVICE (PROCUREMENT)  ġ S.L.174.02 13
i. Guarantees required by the tender, duly executed;
Adequate information and certifications regarding the tenderer; and
Terms of delivery and execution.
ii. Technical specifications. 
iii. Financial consideration including the price for schedule of the bills of
quantity, financing arrangements and terms of payment.
2. In the process of adjudicating the tender, the packages for all tenderers shall
be opened in public and in the sequence enumerated above. When, at any stage, any
tenderer fails to comply with the tender specifications, the remaining packages in his
tender offer are to be discarded unopened.
3. Any discarded tender is to be given publicity in the Department of Contracts
and the affected tenderer is to be informed of the decision within two working days
of its publication. 
4. A request for a review by the affected tenderer must reach the Director
within three working days from the date of publication of the decision and such
request must be accompanied by a deposit of 0.5% of the estimated tender value,
which deposit shall only be refundable if the Director of Contracts finds in the
tenderer’s favour:
Provided that the deposit shall in no case be less than Lm250 or more than
Lm25,000.
5. A review is to be effected by the Contracts Committee involved in the
adjudicating process of the relevant tender before the next stage of the adjudication
is started.
Public Contracts Appeals Board
1. The Public Contracts Appeals Board shall be composed of a Chairman and
two membes who shall be appointed by the Prime Minister for a period of one to
three  years. A member may, however, resign his post by letter addressed to the
Prime Minister.
2. The Prime Minister may appoint a substitute as Chairman and substitute
members of the Board, in which case the members shall serve in accordance with
such distribution of duties, including provision for inability of members to serve and
other circumstances, as the Prime Minister may establish.
3. A member of he Board may not be removed during the period covered by his
appointment except for proved misbehavior or inability to perforrn his functions.
4. The provisions of articles 733 to 739, inclusive, of the Code of Organization
and Civil Procedure, shall apply to the Chairman and to the other members of the
Board with respect to complaints before the Board in the same manner as they apply
to  judges with respect to a cause brought before a court.
5. A person shall be disqualified from being appointed or continuing to be a
member of the Board if he is a member of the House of Representatives.
NINTH SCHEDULE Amended by:L.N. 98 of 2002.
(Regulation 15)
14 ġ S.L.174.02 PUBLIC SERVICE (PROCUREMENT) 
6. The members of the Board shall receive such remuneraion as the Prime
Minister may determine.
7. The members of the Board shall not be personally liable for any act or
default of the Board done or omitted to be done in good faith in the course of the
operation of the Board.
8. The Board shall be provided by the Director of Contracts with
administrative and secretarial services.
9. The Chairman of the Board shall be empowered to call witnesses, to
administer oaths and to engage any Government official or non Government expert
to assist the Board in its investigations.
l0. The sessions of the Board during which the complaint is heard shall be held
in public and both the complainant and the interested party shall have the right to
attend and to be accompanied by any person, professional or otherwise, who they
consider suitable to defend their interests.
11. The Chairman shall ensure that during the public hearing all interested
parties are given the opportunity to make their cases.
12. Any member of the Board who may have a direct or indirect interest in any
contract which becomes the subject of a complaint in terms of the Third Schedule
shall inform the Director of Contracts in writing of such interest, in which case the
member shall be precluded from further participation in the hearing of the complaint.
13. The Chairman shall appoint the public hearing at the earliest possible date
after the publication of the analysis report prepared by the Director of Contracts in
accordance with paragraph 8 of the Third Schedule to these regulations.
14. The decision of the Board shall be final insofar as the award of the contract
involved is concerned and the Director of Contracts shall have the authority to
proceed with the award of the contract as soon as the decision of the Board is
published and distributed to the interested parties.
15. Decisions of the Board shall preferably be taken on the basis of unanimity.
However, majority decisions shall also be final and binding with regard to the award
of the contract.
16. Decisions of the Board shall be submitted by the Chairman to the Director of
Contracts in writing within not more than ten working days after the holding of the
public session. Should the Board be unable, for valid reasons, to meet this deadline,
the Director of Contracts shall extend the period in question if such extension is
considered justifiably warranted by circumstances of the case.
17. All decisions taken by the Board shall be submitted in writing and shall
contain the full facts and reasons on which the Board’s final decision is taken. All
decisions shall be concluded with definite recommendations which shall be binding
on the Director of Contracts.
18. Any bidder submitting a complaint who is not be satisfied with the final
decision taken by the Board shall have final legal rights to refer the matter to a Court
of Law and to seek any redress or compensation which he considers due to him as a
result of the decision with which he may disagree. Such recourse by any bidder to a
Court of Law shall not deter the Director of Contracts from implementing the
Board’s final decision.
