Revised Laws of Saint Lucia (2021)

114.   Suspension of tenderer and contractor

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    (1)   The Director may suspend a tenderer or contractor where the tenderer or contractor —

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      (a)     deliberately provides false information in a tender or any other document submitted to a procuring entity in connection with a public procurement procedure or public procurement contract;

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      (b)     supports the interference with the participation of other tenderers;

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      (c)     engages in misconduct relating to the submission of tenders, including corrupt, fraudulent, collusive or coercive practices, price fixing, a pattern of under-pricing of tenders and breach of confidentiality;

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      (d)     takes an order knowing that the order had not been authorised or was not in a proper format or had been issued by a person not authorised to take the order;

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      (e)     makes delivery against an order knowing that the order had not been authorised or was not in a proper format or had been issued by a person not authorised to take the order;

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      (f)     makes a claim for payment against an order knowing that the order had not been authorised or was not in a proper format or had been issued by a person not authorised to do so;

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      (g)     refuses to sign the public procurement contract or to furnish security for performance of the public procurement contract under the terms of the tendering document if required to do so;

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      (h)     engages in substantial non-performance of contractual obligations, provided that the non-performance was not due to circumstances beyond the control of the tenderer or contractor; or

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      (i)     has been convicted of a criminal offence relating to obtaining or attempting to obtain a public procurement contract or sub-contract or a fraudulent practice.

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    (2)   A tenderer or a contractor shall not be suspended without —

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      (a)     reasonable notice in writing to the tenderer or contractor involved of the grounds for the proposed suspension and the details of the alleged grounds;

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      (b)     reasonable opportunity for the tenderer or contractor to respond to the alleged grounds and provide information in his or her defence; and

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      (c)     a thorough investigation of the facts of the case by the Director,

in accordance with prescribed procedures.

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    (3)   A suspension under this section is for a minimum period of 6 months and a maximum period of 5 years and does not affect the implementation of an on-going public procurement contract by the tenderer or contractor.

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    (4)   A suspension in accordance with subsection (1) applies to named directors, shareholders or staff of a tenderer or contractor, where the investigation demonstrates the involvement of such persons.

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    (5)   A tenderer or supplier, suspended under this section for the first time, may, after the expiry of 6 months from the date of the start of the suspension, apply to the Director for the modification of the period of suspension.