By Donald Rodney
Part 3C – language and discretion (Cont’d)
This Part deals with the discretion needed by NPTAB to carry out its work of setting (non-price) criteria for bidders. It arises under s. 5(1) of the Act, which allows NPTAB to select and impose quality criteria from a list of six categories. This discretion is far-reaching, is applied before the first public notice appears and effects even potential bidders. (The discretion in Part 3B was in regard to due diligence on document submitted by bidders.) But this heavier discretion is also limited by the Act and must not violate the Objectives. The PPC findings on the Hinterland Electrification Co Inc (HECI) tender is used as the material here.