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Revised Laws of Saint Lucia (2023)

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Division 2
Public Procurement Procedures for Consultancy Services
(Substituted by Act 13 of 2020)

Division 2 Public Procurement Procedures for Consultancy Services (Substituted by Act 13 of 2020)

1. Short title and Commencement

2. Interpretation

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 (Repealed by Act 13 of 2020)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

17. Secretary to the Board

18. Staff of the Board

19. Meetings of the Board

20. Oath of office

21. Disclosure of interest

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

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

80. Cancellation of public procurement procedure

81. Record of public procurement

82. Statement and declaration

83. Failed public procurement procedure

83B. Assessment of complaint by procuring entity

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

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

122. Transitional provisions

SUBSIDIARY LEGISLATION

Public Procurement Regulations – Section 120 (Statutory Instrument 133/2023)