(1) A public procurement contract shall be awarded to the tenderer having submitted the lowest evaluated substantially responsive tender. (Amended by Act 13 of 2020)
(2) Notwithstanding subsection (1), where the specificity of the subject matter of a public procurement requires recourse to more than one tenderer to execute the public procurement contract and the procuring entity intends to award a public procurement contract to more than one tenderer based on rates, the procuring entity may award the public procurement contract after the determination of a common rate and the pre-qualification procedure.
(3) A procuring entity shall notify the successful tenderer of the selection of the tender for award and a notice shall be given to the other tenderers, specifying the name and address of the proposed successful tenderer and the price of the public procurement contract.
(4) The public procurement contract must be awarded to the successful tenderer 7 days after the date of the notice under subsection (3). (Substituted by Act 13 of 2020)
(5) The procuring entity may require the successful tenderer to submit security for the performance of the public procurement contract and sign the public procurement contract within the period specified in the tendering document.
(6) Where the successful tenderer fails to sign the public procurement contract or fails to provide any required security for the performance of the public procurement contract within the time specified in the tendering document, the procuring entity shall select another tenderer from among the remaining valid tenders in accordance with subsection (1). (Amended by Act 13 of 2020)
(7) The procuring entity shall, by notice, immediately publish the public procurement contract award in a newspaper or on the Government website.