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POWERS AND FUNCTIONS OF THE BOARD

PUBLIC PROCUREMENT ACT, ACT NO 15, 2015

Section 9.

(1) The powers and functions of the Board in relation to procurement or disposal of assets are to

(a) call for such relevant information and documents as it may require from any public entity;

(b) examine such records or other documents and take copies or extracts from them;

(c) commission any studies relevant to the determination of the award of procurement or disposal contracts;

(d) request any professional or technical assistance from any appropriate person in Namibia or elsewhere;

(e) establish appropriate internal procedures for the operations of the Board and ensure compliance with them;

(f) approve bidding documents and notices submitted to it by public entities;

(g) invite bids and initiate pre-qualification and post-qualification for procurements or disposal of assets;

(h) receive and publicly open bids;

(i) appoint persons to act as members of a bid evaluation committee of the Board, including representatives nominated by the relevant public entities;

(j) oversee the examination and evaluation of bids;

(k) approve procurement methods and to consider for approval the recommendations from the bid evaluation committee for award of procurement or disposal contracts;

(l) review the recommendations of a bid evaluation committee, and

(i) to approve or reject the recommendation of the bid evaluation committee to award a contract; or

(ii) to require the bid evaluation committee where applicable to make a new or further evaluation on specified grounds; or

(iii) to report to the Minister any decision of the Board not implemented by the public entity within the prescribed period; and

(m) do such things, not inconsistent with this Act, as it may consider necessary or expedient to achieve the objects of this Act.

(2) The Board must strive to achieve high standards of transparency and accountability taking into account the objects of this Act and the need to obtain the best value for money.

(3) The Board exercises such powers and performs such functions as conferred or assigned to it by or under this Act or any other law.

(4) If, in the discharge of its functions, the Board establishes that there is a non-compliance with any provision of this Act, directives, code of procedures or guidelines made under this Act, the Board must refer the matter to the Policy Unit for necessary action in terms of section 7(4).

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