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Question
What constitute fraud and can withholding of information constitute a misrepresentation?

Fraud constitutes of the following:

  • Misrepresentation/providing false information;
  • Intent to deceive;
  • Prejudice or potential prejudice; etc.

Withholding information as supplier can constitute misrepresentation in terms of the following:

  • Failure by bidder to disclose that he/she is related to an employee of the state or that an employee of the state has a share in the bidding entity.
  • Failure to disclose collusion with employees of the state.
  • Inside information obtained about a tender.
  • Specifications are manipulated / collusion with employees of the state.
  • Manipulation of the quotation sourcing process.