(1) A procuring entity shall invite tenders by causing an invitation to tender to be published under section 57.
(2) An invitation to tender under subsection (1) must contain —
(a) the name and address of the procuring entity;
(b) the nature, quantity and place of delivery of the goods to be supplied, the country of origin, the nature and location of the works to be effected or the nature of the technical services and the location where they are to be provided;
(c) the desired or required time for the supply of the goods or for the completion of the works or the timetable for the provision of the services;
(d) the criteria and procedures to be used to evaluate the qualifications of suppliers or contractors;
(e) a declaration, which may not be subsequently altered that suppliers or contractors may participate in national competitive tendering or international competitive tendering; (Amended by Act 13 of 2020);
(f) the means of obtaining the tendering document and the place where it may be obtained;
(g) the price, if any, charged by the procurement entity for the tendering document;
(h) the currency and means of payment for the tendering document;
(i) the language in which the tendering document is available;
(j) the place for the submission of tenders and the deadline;
(k) the place, date and time for the opening of tenders; and
(l) any other information considered relevant.
(3) Notwithstanding subsection (1), where a procuring entity considers it necessary to ensure open competitive tendering, it may, after the date of publication of the invitation to tender, send such invitation directly to —
(a) a potential tenderer, who may be a pre-qualified tenderer, past supplier or any other identified potential source;
(b) a professional or industry association; or
(c) a Saint Lucian embassy in a country which is likely to participate or a foreign embassy in Saint Lucia.
(4) A procuring entity shall keep a record of tenderers to whom an invitation to tender is sent directly.
(5) A procuring entity shall submit to the Board a copy of an invitation to tender published under subsection (1). (Inserted by Act 13 of 2020)