(1) The functions of the Director are —
(a) subject to any directives given by the Minister, to issue instructions under which goods, services or works may be procured; (Substituted by Act 13 of 2020)
(b) to formulate policies relating to public procurement, including directives, procedures, instructions, technical notes and manuals, for the implementation of this Act;
(c) to issue standard forms of public procurement contracts, tendering documents, pre-qualification documents, requests for proposals and other similar documents for mandatory use by every procuring entity implementing public procurement procedures;
(d) to collect from the Board and procuring entities, information on public procurement procedures and monitor compliance with this Act;
(e) to organise and maintain systems for the management and public dissemination of public procurement data, statistics and information;
(f) to act as a focal point to guide the Board and procuring entities with a view to ensuring consistency in the application of this Act and any regulations made under this Act;
(g) to recommend, and facilitate the implementation of, measures to improve the functioning of public procurement including the introduction of information and communications technology and the dissemination of publications through the setting up of websites dedicated to public procurement for —
(i) disseminating information from procuring entities concerning public procurement opportunities, and relevant to the standard public procurement specifications for goods, works or services,
(ii) providing tendering documents, requests for proposals and invitations,
(iii) assisting in the introduction of information technology in public procurement,
(iv) subject to this Act, such other purpose related to public procurement as the Director considers necessary;
(h) to solicit the views of the business community and civil society on the effectiveness of public procurement;
(i) to present an annual report to the Minister to be tabled in Parliament regarding the overall functioning of public procurement;
(j) to communicate and cooperate with international institutions and other foreign entities on matters of public procurement;
(k) to advise on and monitor foreign technical assistance in the field of public procurement;
(l) to propose amendments to the legislative and regulatory framework and implement Regulations;
(m) to advise the Minister regarding delegation of financial authority to public officers enabling them to approve contract awards and changes to contracts of a financial nature and the annual review of such delegation; (Amended by Act 13 of 2020)
(n) to advise the Minister on the opportunity for and management of any pooling agreement involving other OECS Member States; and (Amended by Act 13 of 2020)
(o) to publish a notice containing the public procurement plan in respect of each procuring entity in accordance with section 39(6) for each financial year. (Inserted by Act 13 of 2020)
(Amended by Act 13 of 2020)
(2) Public procurement may be undertaken by electronic means.
(3) Where public procurement is undertaken by electronic means, the Director shall ensure that —
(a) a record of the content of every communication is preserved;
(b) access to the records of the tenderer in the public procurement procedure is preserved;
(c) an adequate level of security and confidentiality is provided having regard to the provisions of this Act; and
(d) the persons concerned comply with the other requirements of this Act.