Part 3A – language and discretion
Part 2 dealt with the second phase evaluation of tenders; Part 3A deals with the first phase, the examination for responsiveness phase. Having read Part 2 as the ‘heart of the matter’, readers may consider that prior examination would be straightforward; not so. The examination phase is infused by two deep issues: government, and to an extent PPC, muddling of terms and concepts of PPA 2003; and NPTAB’s perception of its own unlimited discretion – both have far-reaching consequences for fairness and transparency, and Part 3 has been sub-divided into four parts to help a clearer narrative. Here demanding readers should keep to hand copies of PPA 2003, the Findings (for GDF wharf) and findings dated December 29, 2023 for a tender to the Hinterland Electrification Company Inc. This Part 3A will deal with muddling of terms.
