Revised Laws of Saint Lucia (2021)

4.   Application

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    (1)   Subject to subsection (2), this Act applies to —

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      (a)     financial service contracts concluded at the same time as, before or after a contract of acquisition or rental of immovable property, in whatever form;

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      (b)     any public procurement effected by a procuring entity.

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    (2)   This Act does not apply to public procurement undertaken —

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      (a)     to protect national security or defence, where —

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        (i)     the Prime Minister so determines, and

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        (ii)     the public procurement is undertaken by the most competitive method of public procurement available in the circumstances;

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      (b)     for the acquisition or rental, by whatever financial means, of immovable property or concerning rights in such property;

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      (c)     for the acquisition, development, production or co-production of programme material or commercials intended for broadcasting by broadcasters or publication in the media, and contracts for broadcasting time;

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      (d)     for arbitration and conciliation services;

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      (e)     for financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, including transactions to raise money or capital;

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      (f)     for research and development services on a non-discriminatory basis;

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      (g)     for any public procurement made under a co-operative procurement agreement among OECS Member States;

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      (h)     subject to section 54, for any public procurement funded by a donor organisation on the condition or understanding that the procuring entity uses or causes to be used the public procurement procedures —

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        (i)     of the donor organisation, or

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        (ii)     approved, or agreed to, by the donor organisation; and

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      (i)     for the supply of electricity, telecommunications, water or other similar services by a contractor which is regulated by another enactment.

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    (3)   Nothing in this Act or the Regulations affects the Civil Law of obligations and contracts as contain in the Civil Code of Saint Lucia;