-court may be approached for orders
The Public Procurement Commission (PPC) yesterday disclosed that in the five active complaints before it, documentation has not been presented by the procuring entities and the NPTAB and an approach may be made to the court to compel the production of information.
In a statement, it said that this was particularly so in relation to the record of the tender proceedings including the Evaluation Reports.
The PPC noted that while Article 212DD (1) of the constitution empowers the Commission to request information in certain circumstances, the subsequent sub-section (Article 212DD (2)) was not given effect by the legislature to provide for penalties or other coercive powers for the failure to comply with such requests by the Commission. The Commission said it sought and is awaiting advice from its Legal Department as to the jurisdiction of the Commission to ensure that matters brought before it for investigation are duly discharged and at this time, has not ruled out approaching the High Court for orders compelling the production of the information.