Ethics and Probity in Public Procurement Proceedings

Abstract

The present paper has been written with view to addressing crucial matters that are involved in public procurement. There are so many issues that touch on ethics and probity in procurement proceedings. The discussed issues touch on qualification of suppliers, contractors, consultants, service providers and asset buyers. Although one may contemplate by reading the topic that the article relates only to qualification of the named persons, it is to be found that there is discussion on the duties of the procuring entity. The procuring entity and the supplier or contractor or consultant or service provider or a asset buyer constitute the two or more parties who then make up the relevant contract. This makes ethics and probity ideas relevant to both. The article is therefore organised as follows. Part one is on introductory matters. part two provides for definitions of necessary terminologies. In part three, the law on qualifications is discussed at length covering registration; common criteria; the place of intellectual property; requirements in pre-qualification documents and pre qualification proceedings. Part four is generally on important issues arising out of qualification of tenderers. A conclusion is made in part five.