Section 32, The Public Procurement Act, 2004

(1) The procuring entity shall preserve all documentationrelating to the procurement proceedings in accordance with applicable rules concerning archiving of government documentation, but at a minimum, for a period of six years following the date of final completion of the procurement contract, or from the date of rejection of all bids or cancellation of the proceeding, as the case may be. (2) In addition to the documentation referred to in subsection (1), the procuring entity shall prepare and maintain a summary report of the procurement proceedings, including to the extent applicable– (a) a description of the object of the (b) a list of the participating bidders, their profile and qualifications, and the qualification criteria applied; (c) bid prices; (d) the bid evaluation criteria; planning. Contract administration responsibility. Price adjustment. Records and reports of procurement proceedings. 28 29 (e) a summary of the evaluation of bids; (f) summary of any review proceedings and decisions thereon; (g) requests for clarifications, and responses thereto; (h) statement of grounds for cancellation of procurement proceedings pursuant to section 25; (i) statement of grounds for choice of a procurement method other than open bidding or request for proposals for services; (j) statement of grounds for reduction of bid preparation periods; (k) information concerning rejection of bids; (l) such other information as may be required by the regulations made under this Act. (3) The portion of the record referred to in paragraphs (a), (b), (c), (d) and (g) of subsection (2) shall, on request, be made available to any person after a bid, proposal, offer or quotation has been accepted or after procurement proceedings have been terminated without resulting in a procurement contract. (4) The portion of the record referred to in paragraphs (e), (h) and (i) of subsection (2) shall, on request, be made available to suppliers, contractors or consultants that submitted bids, proposals, offers or quotations, or applied for pre-qualification, after a bid, proposal, offer or quotation has been accepted or procurement proceedings have been terminated without resulting in a procurement (5) The procuring entity shall not disclose– (a) information, if its disclosure will– (i) be contrary to law, (ii) impede law enforcement, (iii) not be in the public interest, (iv) prejudice legitimate commercial interests of the parties, or (v) inhibit fair competition under this Act; (b) information relating to the examination, evaluation and comparison of bids, proposals, offers or quotations, other than the summary referred to in paragraph (e) of subsection (2). (6) Records and documents maintained by procuring entities on procurement shall be made available for inspection by the Authority, Anti-Corruption Commission and Auditor-General upon request; and where donor funds have been utilised for the procurement, donor officials shall also have access, upon request, to procurement files for the purpose of audit and review.