R23 of 2016 – Independent Development Trust (IDT), Department of Basic Education (DBE) and Free State DoE

1. The procurement of, or, contracting for goods, works or services by or on behalf of the IDT, DBE or DEFS and payments which were made in respect thereof and any related unauthorised, irregular or fruitless and wasteful expenditure incurred by the IDT, DBE or DEFS in relation to 10 defined projects.

2. Maladministration and/or irregular, improper or unlawful conduct in respect of the affairs of the IDT, DBE or DEFS relating a) the outsourcing of the bid evaluation functions performed in respect of the procurement or supply chain management processes; or b) contract and performance management, including any failure to act timeously against contractors, suppliers or service providers for any non-performance, poor performance, defective performance or late performance in respect of goods, works or services delivered, performed or rendered, in terms of the projects referred to in paragraph 1 of the Schedule, including the causes of such maladministration and/or irregular, improper or unlawful conduct.

3. Any non-performance, poor performance, defective performance or late performance by contractors, suppliers or service providers of goods, works or services delivered, performed or rendered in respect of the projects referred to in paragraph 1 of the Schedule and any losses or damages suffered by the IDT, DBE or DEFS as a result thereof.

4. Any unlawful, improper or irregular conduct on the part of a) the IDT, DBE or DEFS, their officials or employees; or b) the contractors, suppliers or service providers, their directors, employees, contractors, sub-contractors or agents,relating to any one of more of the allegations set out in paragraphs 1 to 3 of the Schedule.