Newsletter
PCC TO DECIDE ELIGIBILITY FOR PUBLIC CONTRACTS
The Fair Trade Commission (FTC) recently held that after the Government Procurement Law came into force, decisions of whether or not government contracts should be open to tenders from companies which are not members of trade associations will be decided by the Public Construction Commission (PCC), in its capacity as the agency responsible for administering the Government Procurement Law.
The FTC stated that while drafting its Criteria for Determining Qualifications to Tender and for Identifying Special or Large Procurements, the PCC had asked the FTC for its opinion on limiting eligibility to holders of trade association membership certificates. After consultation, the FTC decided that such decisions should be taken by the PCC alone. However, if a company were unreasonably refused membership or boycotted by a trade association, it could still report this to the FTC and request the latter to investigate whether such action contravened the Fair Trade Law.