Can you clarify if the penalties attached when breaching the Act are attached to the Procurement Officer alone?
Section 61(3) of the Public Procurement and Disposal of Public Property Act 2015 (as amended) (hereinafter referred to as ‘the Act’) states that “a reference in this Act to the commission of an offence by a public body shall be construed as a reference to the commission of an offence by the procurement officer referred to in subsection (2) or an officer who purports to act in such capacity, if it is proved that – (a) the offence was committed with his direct consent and connivance; or (b) he, with knowledge, did not exercise reasonable
diligence to prevent the commission of the offence”.
Any breach under the Act is construed as a breach committed by the Procurement Officer or an officer intending to act in such capacity. Of note, the breaches also apply to other parties involved in the splitting of contracts, failure of the procuring entity to comply with confidentiality requirements, concealing or destroying information required for an investigation and failure of a person to report instances of collusion.