Part 3D – language and discretion (Cont’d)
This Part 3D concludes on discretion to be exercised when government selects criteria from the ‘list of six’ categories, and with the final item as unpacked from the two published findings of the PPC. The findings on the Hinterland Electrification Co Inc (HEIC) tender is used as the material here. In this Part what is still described as the perceived unlimited discretion of HEIC /NPTAB takes a further, disturbing turn. The second of two ‘evaluation criteria’ on which the complainant Akamai Inc. was failed is, at page 4 of 6:
Criteria # 17 – Bidder must provide a letter stating any or no termination of projects. The letter must be dated within one month of the bid opening date. If there were no terminations a statement must also be given indicating such.
