Revised Laws of Saint Lucia (2021)

13.   Powers of the Board

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    (1)   In the discharge of its functions under section 12, the Board may —

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      (a)     carry out any study relevant to the determination of the award of a public procurement contract for public procurement of a major value;

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      (b)     request any professional or technical assistance from any appropriate person in Saint Lucia or elsewhere; or

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      (c)     do all such acts and things as it may consider incidental or conducive to the exercise of its functions under section 12.

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    (2)   Where —

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      (a)     any variation in a public procurement contract price subsequent to the conclusion of a public procurement contract entered into by a procuring entity causes the total public procurement contract amount to exceed the major value by more than 20%; or

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      (b)     the lowest tender submitted in response to an invitation made by a procuring entity exceeds the major value;

the matter together with all the tendering documents and the public procurement contract, if any, shall be referred to the Board for approval.

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    (3)   Where it comes to the knowledge of the Board that a public procurement contract has been awarded or is about to be awarded in breach of this Act, the Board shall immediately report the matter to the Director, recommending such action as it considers appropriate.

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    (4)   The Director may, where he or she considers appropriate, refer any matter reported to him or her under subsection (3) to the Public Service Commission or the police, as the case may be, for enquiry.