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43. All public procurement and disposal shall be conducted in accordance with the basic principles set out in sections 44 to 54 of this Act. 44. A bidder shall not be excluded from participating in public procurement and disposal on the basis of nationality, race, religion, gender or any other criterion not related to qualification, except to the extent provided for in this Act. 45. All procurement and disposal shall be conducted in a manner which promotes transparency, accountability and fairness. 46. Subject to this Act, all procurement and disposal shall be conducted in a manner to maximize competition and achieve value for money. 47. A procuring and disposing entity shall not, except when required to do so by an order of court, disclose any information where the disclosure would- - amount to a breach of the law;
- impede law enforcement;
- prejudice legitimate commercial interests of the parties;
- inhibit fair competition; or
- in any way not be in the public interest,
until the successful bidder is notified of the award. 48. All procurement and disposal shall be conducted in a manner which promotes economy, efficiency and value for money. 49. All procurement and disposal shall be carried out in accordance with the Codes of Ethics that may be specified from time to time by the Authority. 50. (1) A procuring and disposing entity shall permit providers to participate in the procuring process without regard to nationality, except in cases in which the procuring and disposing entity decides to limit the participation on the basis of nationality on grounds specified either in regulations made under this Act or by any other competent authority. (2) A procuring and disposing entity that limits participation on the basis of nationality on grounds set out in sub-section (1) shall- - obtain prior written approval of the Authority; and
- include the exception to nationality and the grounds relied on in the bidding documents as well as in the record of that procurement or disposal process.
51. A procuring and disposing entity shall use open bidding as the preferred method of procurement and disposal. 52. A contract shall be awarded to the bidder with the best evaluated offer ascertained on the basis of the methodology and criteria detailed in the bidding documents. 53. Copies of the Act, regulations, Guidelines, and forms made under this Act, standard bidding documents and decisions of the Authority shall be made accessible to the public by the Authority. 54. The Authority shall organize and maintain a system for the publication of data on public procurement and disposal opportunities, awards and any other information of public interest that may be determined by the Authority.
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