Public Procurement Regulations – Section 120 (Statutory Instrument 133/2023)
Statutory Instrument 133/2023 .. in force 10 October 2023
ARRANGEMENT OF REGULATIONS
PRELIMINARY
| 1. | Citation | 
| 2. | Interpretation | 
| 3. | Application | 
PART 1
PREPARATION, PUBLICATION AND PAYMENT FOR ADVERTISEMENT AND NOTIFICATION
| 4. | Preparation of advertisement and issuance of notification | 
| 5. | Publication of advertisement or notification | 
| 6. | Payment for advertisement or notification | 
PART 2
PUBLIC PROCUREMENT PROCEDURES FOR CONSULTANCY 9SERVICES
Division 1
Selection Methods for Consultancy Services
| 7. | Quality and cost-based selection | 
| 8. | Quality-based selection | 
| 9. | Technical proposal-based selection | 
| 10. | Fixed budget selection | 
| 11. | Least cost selection | 
| 12. | Individual consultant | 
| 13. | Utilising a selection method | 
Division 2
Ineligibility of Consultant and Terms of Reference
| 14. | Ineligibility of a consultant | 
| 15. | Terms of reference | 
PART 3
PUBLIC PROCUREMENT PROCEDURES FOR GOODS, WORKS AND SERVICES
Division 1
Emergency Public Procurement
| 16. | Request for emergency public procurement | 
| 17. | Report on each emergency public procurement | 
Division 2
Standard Tendering Documents for Public Procurement Procedures
| 18. | Documents for use in public procurement procedures | 
| 19. | Provision of standard tendering documents for public procurement procedures | 
| 20. | Request for clarification on standard tendering documents | 
| 21. | Notice of clarification to prospective tenderers | 
Division 3
Pre-Qualification, Qualification, Eligibility and Disqualification of Tenderer
| 22. | Pre-qualification procedure | 
| 23. | Qualification of tenderer | 
| 24. | Eligibility of tenderer | 
| 25. | Disqualification of tenderer | 
Division 4
Preparation, Form and Accompanying Documents for Submission of Tenders, Tender Security or Tender Securing Declaration and Receipt of Tenders
| 26. | Preparation of tenders | 
| 27. | Form and accompanying documents for submission of tenders | 
| 28. | Tender security or tender securing declaration | 
| 29. | Receipt of tenders | 
| 30. | Unopened tenders | 
PART 4
TENDER EXAMINATION AND EVALUATION
| 31. | Examination of tenders | 
| 32. | Evaluation criteria | 
| 33. | Clarification of tenders during evaluation | 
| 34. | Arithmetical errors | 
| 35. | Omission | 
| 36. | Other instances to reject tenders | 
| 37. | Other instances of failed public procurement procedure | 
| 38. | Cancellation of public procurement procedures | 
| 39. | Return of tender security | 
PART 5
AWARD OF PUBLIC PROCUREMENT CONTRACT
| 40. | Special circumstances for negotiations with successful tenderer | 
| 41. | Notice to successful and unsuccessful tenderers | 
| 42. | Performance security | 
| 43. | Award of public procurement contracts | 
| 44. | Publication of notice of award of public procurement contracts | 
PART 6
PUBLIC PROCUREMENT CONTRACTS
| 45. | Vetting of public procurement contracts | 
| 46. | Amendment of general conditions of public procurement contracts | 
| 47. | Signing of public procurement contracts | 
| 48. | Copies of public procurement contract documents | 
| 49. | Extension of public procurement contracts | 
| 50. | Record of public procurement contracts | 
PART 7
REVIEW
| 51. | Lodging an application for review | 
| 52. | Non-refundable fee for processing an application for review | 
| 53. | Notice of receipt of an application for review | 
| 54. | Request for information and documents by independent expert | 
| 55. | Considerations for dismissing an application for review | 
| 56. | Recording of applications for review | 
PART 8
MISCELLANEOUS
| 57. | Registration of suppliers | 
| 58. | Division of public procurement contracts into lots | 
| 59. | Access to public procurement document file | 
| 60. | Procurement reference number | 
| 61. | Application of similar public procurement procedures | 
| 62. | Revocation | 
| Schedule |  | 
Commencement [10 October 2023]