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PUBLIC PROCUREMENT ACT
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Schedule 3
2023 Laws not yet authenticated through a Commencement Order
Revised Laws of Saint Lucia (2023)
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Schedule 3
(Section 57)
Threshold
Goods
$US 241,000 – (155,000 Special Drawing Rights)
Services
$US 214,000 – (155,000 Special Drawing Rights)
Works
$US 8,975,000 – (6,500,000 Special Drawing Rights)
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Schedule 3
1. Short title and Commencement
2. Interpretation
3. Purpose
4. Application
4A. Functions of the Minister
4B. Powers of the Minister
4C. Delegation of powers
5. Functions of Director
6. Powers of Director
7. Functions of procuring entity
8. (Repealed by Act 13 of 2020)
9. Functions of Public Procurement Unit
10. Functions of accounting officer
11. Establishment of Central Public Procurement Board
12. Functions of the Board
13. Powers of the Board
14. Composition of the Board
15. Duration of appointment
16. Revocation
17. Secretary to the Board
18. Staff of the Board
19. Meetings of the Board
20. Oath of office
21. Disclosure of interest
22. Funds
23. Appointment of Public Procurement Committee
24. Composition of Public Procurement Committee
25. Functions of the Public Procurement Committee
26. Appointment of Tender Evaluation Committee
27. Composition of Tender Evaluation Committee
27A. Evaluation of works contract by consultant
28. Functions of Tender Evaluation Committee
29. Appointment of Public-Private Partnership Steering Committee
30. Composition of the Steering Committee
31. Functions of the Steering Committee
32. Meetings of the Steering Committee
33. Appointment of Public-Private Partnership Project Team
34. Composition of the Project Team
35. Functions of the Project Team
36. Appointment of Public-Private Partnership Core Team
37. Functions of the Core Team
38. Conflict of interest
39. Public procurement plan
40. Public procurement requirement
41. Specifications and descriptions of public procurement
42. Initiation of public procurement procedure
43. Notice of expression of interest
44. Short listing
45. Request for proposals
46. Submission of proposal
47. Evaluation of technical proposal
48. Consideration and evaluation of financial proposal
49. Selection of proposal
50. Negotiation of proposal
51. Request for sealed quotation
52. Direct public procurement
53. Emergency public procurement
54. Minor value public procurement
55. Public procurement of bulk purchases
56. Public procurement under framework agreement
57. Open competitive tendering
57A. List of suppliers
58. Restricted tendering
59. Two-stage tendering
60. Pre-qualification procedure
61. Invitation to tender
62. Eligibility of tenderer
63. Qualification of tenderer
64. Tendering document
65. Clarification and modification of tendering document
66. Tendering deadline
67. Submission of tender
68. Period of validity of tender
69. Withdrawal and modification of tender
70. Tender security or tender securing declaration
71. Receipt of tender
72. Opening of tender
73. Examination and evaluation of tender
74. Post-qualification
75. Negotiation with successful tenderer
76. Award of public procurement contract
77. Debriefing of unsuccessful tenderer
78. Public procurement not to be split or inflated
79. Lots
80. Cancellation of public procurement procedure
81. Record of public procurement
82. Statement and declaration
83. Failed public procurement procedure
83A. Complaint
83B. Assessment of complaint by procuring entity
84. Review
85. Contents of public procurement contract
86. Amendment of public procurement contract
87. Commencement of work
88. Transfer or assignment of public procurement contract
89. Inspection of goods
90. Acceptance report
91. Payments
92. Advance Payment
93. Monitoring, evaluation and reporting
94. Deficient performance, breach and termination
95. Dispute resolution under public procurement contract
96. Project identification and screening
97. Project concept note
98. Development of business case
99. Public-private partnership transaction
100. Expression of interest and pre-qualification of tenderers
101. Shortlist of potential tenderers
102. Preparation of public-private partnership transaction document
103. Submission of tender under the transaction
104. Evaluation of tender under the transaction
105. Selection of preferred tenderer
106. Determination by Cabinet
107. Vetting of public-private partnership contract
108. Finalization and negotiation
109. Public-private partnership contract
110. Unsolicited proposal
111. Public-private partnership contract management
112. (Repealed by Act 13 of 2020)
113. Confidentiality
114. Suspension of tenderer and contractor
115. Conduct of tenderer and contractor
116. Design contests
117. Immunities
118. General penalty
119. Amendment of Schedules
120. Regulations
121. Repeal
122. Transitional provisions
Schedule 1
Schedule 2
Schedule 3
ACT
PRELIMINARY
1. Short title and Commencement
2. Interpretation
3. Purpose
4. Application
PART 1 ADMINISTRATION
Division 1 Functions of the Minister, Director, Procuring Entity, Procurement Unit and Accounting Officer (Amended by Act 13 of 2020)
4A. Functions of the Minister
4B. Powers of the Minister
4C. Delegation of powers
5. Functions of Director
6. Powers of Director
7. Functions of procuring entity
8. (Repealed by Act 13 of 2020)
9. Functions of Public Procurement Unit
10. Functions of accounting officer
Division 2 Central Public Procurement Board
11. Establishment of Central Public Procurement Board
12. Functions of the Board
13. Powers of the Board
14. Composition of the Board
15. Duration of appointment
16. Revocation
17. Secretary to the Board
18. Staff of the Board
19. Meetings of the Board
20. Oath of office
21. Disclosure of interest
22. Funds
Division 3 Public Procurement Committee
23. Appointment of Public Procurement Committee
24. Composition of Public Procurement Committee
25. Functions of the Public Procurement Committee
Division 4 Tender Evaluation Committee
26. Appointment of Tender Evaluation Committee
27. Composition of Tender Evaluation Committee
27A. Evaluation of works contract by consultant
28. Functions of Tender Evaluation Committee
Division 5 Administration for Public-Private Partnerships
29. Appointment of Public-Private Partnership Steering Committee
30. Composition of the Steering Committee
31. Functions of the Steering Committee
32. Meetings of the Steering Committee
33. Appointment of Public-Private Partnership Project Team
34. Composition of the Project Team
35. Functions of the Project Team
36. Appointment of Public-Private Partnership Core Team
37. Functions of the Core Team
38. Conflict of interest
PART 2 PUBLIC PROCUREMENT
Division 1 Public procurement plan, requirement, specification and description
39. Public procurement plan
40. Public procurement requirement
41. Specifications and descriptions of public procurement
42. Initiation of public procurement procedure
Division 2 Public Procurement Procedures for Consultancy Services (Substituted by Act 13 of 2020)
43. Notice of expression of interest
44. Short listing
45. Request for proposals
46. Submission of proposal
47. Evaluation of technical proposal
48. Consideration and evaluation of financial proposal
49. Selection of proposal
50. Negotiation of proposal
Division 2A Public Procurement Procedures for Goods, Works and Services (Inserted by Act 13 of 2020)
51. Request for sealed quotation
52. Direct public procurement
53. Emergency public procurement
54. Minor value public procurement
55. Public procurement of bulk purchases
56. Public procurement under framework agreement
Division 3 Tendering
57. Open competitive tendering
57A. List of suppliers
58. Restricted tendering
59. Two-stage tendering
60. Pre-qualification procedure
61. Invitation to tender
62. Eligibility of tenderer
63. Qualification of tenderer
64. Tendering document
65. Clarification and modification of tendering document
66. Tendering deadline
67. Submission of tender
68. Period of validity of tender
69. Withdrawal and modification of tender
70. Tender security or tender securing declaration
71. Receipt of tender
72. Opening of tender
73. Examination and evaluation of tender
74. Post-qualification
75. Negotiation with successful tenderer
76. Award of public procurement contract
77. Debriefing of unsuccessful tenderer
Division 4 General
78. Public procurement not to be split or inflated
79. Lots
80. Cancellation of public procurement procedure
81. Record of public procurement
82. Statement and declaration
83. Failed public procurement procedure
83A. Complaint
83B. Assessment of complaint by procuring entity
84. Review
PART 3 PUBLIC PROCUREMENT CONTRACT
85. Contents of public procurement contract
86. Amendment of public procurement contract
87. Commencement of work
88. Transfer or assignment of public procurement contract
89. Inspection of goods
90. Acceptance report
91. Payments
92. Advance Payment
93. Monitoring, evaluation and reporting
94. Deficient performance, breach and termination
95. Dispute resolution under public procurement contract
PART 4 PUBLIC-PRIVATE PARTNERSHIP
96. Project identification and screening
97. Project concept note
98. Development of business case
99. Public-private partnership transaction
100. Expression of interest and pre-qualification of tenderers
101. Shortlist of potential tenderers
102. Preparation of public-private partnership transaction document
103. Submission of tender under the transaction
104. Evaluation of tender under the transaction
105. Selection of preferred tenderer
106. Determination by Cabinet
107. Vetting of public-private partnership contract
108. Finalization and negotiation
109. Public-private partnership contract
110. Unsolicited proposal
111. Public-private partnership contract management
PART 5 ASSET DISPOSAL (Deleted by Act 13 of 2020)
112. (Repealed by Act 13 of 2020)
PART 6 MISCELLANEOUS
113. Confidentiality
114. Suspension of tenderer and contractor
115. Conduct of tenderer and contractor
116. Design contests
117. Immunities
118. General penalty
119. Amendment of Schedules
120. Regulations
121. Repeal
122. Transitional provisions
Schedule 1
Schedule 2
SUBSIDIARY LEGISLATION
Public Procurement Regulations – Section 120 (Statutory Instrument 133/2023)
PRELIMINARY
1. Citation