(1) Notwithstanding the Finance (Administration) Act, an accounting officer is responsible and accountable for ensuring that all the public procurement procedures used by the procuring entity are conducted in accordance with this Act.
(2) Without prejudice to the generality of subsection (1), the functions of an accounting officer include —
(a) to recommend the appointment of a Public Procurement Committee;
(b) to certify the availability of funds, prior to the commencement of any public procurement procedure or designate an officer to whom this function is delegated;
(c) to submit public procurement contract documents including requests for approval of tendering documents and communicating award decisions;
(d) to award public procurement contracts on completion of the public procurement procedure in accordance with the provisions of this Act;
(e) to serve as the public procurement contract administrator for the procuring entity;
(f) to submit such information, data and reports as are required by the Public Procurement Committee, Board or the Director for the purposes of this Act.
(3) In exercising his or her functions as the public procurement contract administrator under subsection (2)(e), the accounting officer shall —
(a) administer the public procurement contract under this Act and the procedures issued by the Director;
(b) be responsible for the administration of public procurements of a minor value and maintenance of proper documentation and records, including —
(i) keeping an accurate record of all dealings with the contractor including minutes of every meeting with the contractor and the details of any matter discussed or decision made,
(ii) not later than the 31st day of July in each year, preparing an annual report respecting his or her activities for the immediately preceding financial year,
(iii) submitting a copy of the annual report to the Director,
(iv) safeguarding the interests of Saint Lucia and the procuring entity under every public procurement contract, and
(v) placing the record referred to in subparagraph (i) and any change to the public procurement contract price approved by the procuring entity in a public procurement document file.
(4) In the exercise of his or her functions, the accounting officer may seek clarification from the Tender Evaluation Committee, Public Procurement Unit and Public Procurement Committee and may request any person to furnish any information, record or documents relating to any public procurement procedure.
(5) The accounting officer may request any professional or technical assistance from any appropriate body or person if the procuring entity does not have the required expertise.