Africa-Press – Eswatini. The Independent Review Committee (IRC) says conduct of this nature should not be expected from entities such as NMC, which is obligated to act in the best interest of the procuring entity, which in this instance they clearly have not.
The IRC stated that this was a situation where they were called upon to determine the conduct by the NMC who clearly and intentionally misdirected itself, by ignoring its own tender document which clearly stipulated that all the parties were to tender for all the items. It is the function of the IRC to prohibit and guard against conduct of this nature and to ensure that there is transparency in the procurement process by public entities such as the NMC. It is the considered view of the IRC that, the conduct of the NMC violates the provisions of Section 3 of the Act and should not be permitted. “As a sanction in this regard, we are of the view that the first respondent shall refund the applicant the fee paid to the regulator as provided for,” said the IRC.
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