1. In instances where the PPC does not have a classification for certain goods, works, or services being procured. Section 18(1)(2) of the Public Procurement Act, 2015 (as amended) (“the Act”) becomes applicable. The aforementioned section is set out below
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In view of the public procurement legislation now in force, the issues for consideration are whether –a procuring entity may:
a)accept a bidder’s price adjustment/modification during a tender proceeding- after the submission of a bid, but prior to contract award;
b) at the stage of contract formation; and
c) after contract formation
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i. Section 25(1)(b) requires that “the procuring entity, having procured goods, works or services from a contractor, determines that additional supplies must be procured from that contractor”. Therefore, the PE’s justification should demonstrate this prerequisite, which is that a contract would have had to be previously initiated with the contractor in question, for the supply of staff uniforms, to then make the case for additional goods.
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1. The PE is advised that the appropriate action to be taken in regards to the unsolicited FP is that it should be rejected. This Ministry’s position rests primarily on the basis of specific instructions contained in the issued tender document, specifically Bidding Data Sheet clause 31.1 – Clarification of Proposal, which states in part that:
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The PE referred for this Ministry’s guidance, the applicable conditions in law for the deployment of the Restricted bidding procurement method.
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Whether existing procurement rules admit of solicitation in national and international competitions to commence by way of electronic procurement only without advertisement in newspapers.
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3. Though this Ministry encourages procuring entities to publish NCB procurement proceedings in local newspapers and magazines even where the GOJEP portal is being utilised, the law does not require compliance with this practice. In this regard, there is no prohibition on procuring entities who decide not to publish their NCB procurements in the print media.
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