Section 38: Recorded Procurement Proceedings.

(1) Every procuring entity shall maintain a record of the comprehensive procurement proceedings.
(2) The portion of the record referred to in this Section shall, on request, be made available to:
(a) any person after a tender, proposal, offer or quotation has been accepted or after procurrement proceedings have been terminated without resulting in a procurement contract; and
(b) suppliers, contractors or consultants that submitted tenders, proposals, offers or quotations, or applied for prequalification, after a tender, proposal, offer or quotation has been accepted or procurement proceeding have been terminated without resulting in a procurement contract.
(3) A disclosure of procurement proceeding records, prior to award of contract may be ordered by a court, provided that when ordered to do so by a court, the procurement entity shall not disclose such information, if its disclosure would :
(a) be contrary to law;
(b) impede law enforcement; or
(c) prejudice legitimate commercial interests of the parties.
(4) The procuring entity shall not be liable to suppliers, contractors or service providers for damages owing solely to failure to maintain a record of the procurement proceedings in accordance with this Section.
(5) The records and documents maintained by procuring entities on procurement shall be made available for inspection by the Bureau, an investigator appointed by the Bureau and the Auditor-General upon request, and where donor funds have been used for the procurement, donor officials shall also have access upon request to procurement files for the purpose of audit and review.