Revised Laws of Saint Lucia (2021)

41.   Specifications and descriptions of public procurement

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    (1)   The procuring entity shall prepare clear and specific requirements relating to the goods, works or services being procured which —

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      (a)     give a correct and complete description of the goods, services or works required to be procured;

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      (b)     accurately describe the actual needs intended to be satisfied by public procurement;

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      (c)     avoid descriptions entailing features in excess of actual needs; and

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      (d)     allow for fair and open competition among persons who may wish to participate in the public procurement procedure.

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    (2)   The specific requirements shall include the technical requirements of the procuring entity with respect to the goods, works or services being procured.

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    (3)   The technical requirements must, where appropriate —

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      (a)     relate to performance rather than to design and descriptive characteristics; and

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      (b)     be based on national or international standards.

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    (4)   For the purpose of avoiding unnecessary obstacles to participation by tenderers in any public procurement procedure, a procuring entity shall ensure that the specifications set out in respect of goods, services and works to be procured under this Act —

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      (a)     subject to subsection (5), do not include references to brand names, model numbers, catalogue numbers or any other similar classifications unless there is no other practical way of describing the public procurement requirements;

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      (b)     do not favour any single contractor or supplier;

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      (c)     do not, in relation to a single contractor or supplier, put other contractors or suppliers at a disadvantage;

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      (d)     allow the highest possible degree of competition; and

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      (e)     are generic.

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    (5)   Where a procuring entity has reason to believe that the use of, or a reference to, a brand name, model number or catalogue number is essential to complete an otherwise incomplete specification, the procuring entity shall qualify such use or reference with the words “or equivalent”.