(1) The Board shall, in respect of a public procurement of a major value —
(a) establish appropriate internal procedures for the operations of the Board and ensure compliance with them;
(b) (deleted by Act 13 of 2020)
(c) receive and publicly open tenders;
(d) select persons from a list of qualified evaluators maintained by it to act as members of a Tender Evaluation Committee and oversee the examination and evaluation of tenders; and
(e) review the recommendations of a Tender Evaluation Committee. (Substituted by Act 13 of 2020)
(1A) Where the Board accepts the recommendations of the Tender Evaluation Committee, the Board may approve the award of the public procurement contract. (Inserted by Act 13 of 2020)
(1B) The Board —
(a) shall examine the grounds for the dissenting views;
(b) may require the Tender Evaluation Committee to review its evaluation on specific grounds,
where the Board is in receipt of the recommendations of the Tender Evaluation Committee with dissenting views that has a significant effect on the result arrived at by the Board.
(Inserted by Act 13 of 2020)
(1C) The Board may, if dissenting views persist —
(a) decide on the issue and approve the award of the public procurement contract;
(b) cancel the tendering process; or
(c) appoint another Tender Evaluation Committee to make a new evaluation.
(2) The Board shall strive to achieve the highest standards of transparency and equity in the execution of its functions, taking into account —
(a) the evaluation criteria and methodology disclosed in the tendering documents;
(b) the qualification criteria and methodology disclosed in the tendering documents;
(c) equality of opportunity to all tenderers;
(d) fairness of treatment to all parties;
(e) the need to obtain the best value for money in terms of price, quality and delivery, having regard to set specifications; and
(f) transparency of process and decisions.
(3) The Board shall exercise such functions, as may be assigned to it under any other enactment.