(1) Subject to this Act, in the procurement of goods, services and works a procuring entity shall use open competitive tendering.
(2) Open competitive tendering —
(a) shall provide equal access to all eligible and qualified tenderers without discrimination;
(b) may include a pre-qualification procedure or post qualification procedure, before selection of the winning tender.
(3) Where open competitive tendering is used, the procuring entity shall use —
(a) national competitive tendering where the public procurement is of a minor value and —
(i) the works, goods or services are widely available in Saint Lucia at a competitive price,
(ii) the works are labour intensive and most suitable for suppliers in Saint Lucia,
(iii) the works are scattered geographically or spread over time; or
(b) in the case of the monetary thresholds specified in Schedule 3, international competitive tendering where sufficient competition does not exist in Saint Lucia. (Amended by Act 13 of 2020)
(4) Where national competitive tendering is used, the invitation to tender is published in the Gazette and one newspaper of wide circulation in Saint Lucia.
(5) Where international competitive tendering is used, the invitation to tender is published in one regional and one international newspaper. (Amended by Act 13 of 2020)