Revised Laws of Saint Lucia (2021)

45.   Request for proposals

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    (1)   Where a short list is prepared under section 44, the procuring entity may request proposals from persons on such short list.

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    (2)   A request for proposals must include —

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      (a)     the name and address of the procuring entity;

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      (b)     the language in which proposals are to be prepared;

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      (c)     the manner, place and deadline for the submission of proposals;

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      (d)     a statement to the effect that the procuring entity reserves the right to reject any proposal;

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      (e)     the criteria and procedures related to the evaluation of the qualifications of persons;

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      (f)     the requirements of documentary evidence or other information that must be submitted by a tenderer to demonstrate the qualifications of the tenderer;

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      (g)     the nature and characteristics of the procurement requirements including the location where and time when the procurement requirements are to be provided;

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      (h)     whether the procuring entity is seeking proposals on various possible ways of meeting its needs;

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      (i)     the currency —

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        (i)     in which the proposal price is to be expressed,

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        (ii)     that will be used to evaluate and compare proposals and the exchange rate that will be used for the conversion of proposal prices into that currency or a statement that the rate published by a specified financial institution prevailing on a specified date will be used;

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      (j)     the manner in which the proposal price is to be expressed, including a statement of whether the price covers elements apart from the cost, such as reimbursement for transportation, lodging, insurance, use of equipment, duties or taxes;

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      (k)     the procedure selected to ascertain the successful proposal;

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      (l)     the criteria to be used to determine the successful proposal and the relative weight of the criteria;

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      (m)     a statement of alternatives to the characteristics of the procurement requirement, contractual terms and conditions or other requirements set out in the request for proposals, if permitted, and a description of the manner in which the alternative proposals are to be evaluated and compared;

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      (n)     the name, functional title and address of the officers or employees of the procuring entity who are authorised to communicate directly with and to receive communications directly from persons in connection with the public procurement procedures, without intervention of an intermediary;

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      (o)     the means by which persons may seek clarification on the request for proposals and a statement whether the procuring entity intends to convene a meeting of persons; and

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      (p)     the terms and conditions of the public procurement contract as known to the procuring entity and the public procurement contract form to be signed by the parties.

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    (3)   A person may request clarification of the request for proposals from the procuring entity.

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    (4)   On receipt of a request under subsection (3), a procuring entity shall —

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      (a)     respond to the request within 7 days of the request being made if the request is received by the procuring entity within 14 days prior to the deadline for the submission of proposals; and

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      (b)     where the request is made later than 14 days prior to the deadline for the submission of proposals, respond promptly and early enough to enable the person to make a timely submission of his or her proposal and shall, without identifying the source of the request, communicate the clarification to the other persons to whom the procuring entity has provided the request for proposals.

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    (5)   A procuring entity may, whether on its initiative or as a result of a request for clarification by a person, modify the request for proposals by issuing an addendum prior to the deadline for the submission of proposals.

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    (6)   An addendum referred to under subsection (5) must be communicated not later than 7 days before the deadline for the submission of proposals to the short listed persons to whom the procuring entity has provided the request for proposals and is binding on such persons.

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    (7)   Where the procuring entity convenes a meeting, it shall prepare minutes of the meeting containing the requests submitted at the meeting for clarification of the request for proposals and its responses to the requests, without identifying the sources of the request.

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    (8)   The minutes under subsection (7) must be provided immediately before the deadline for the submission of proposals to the persons participating in the selection proceedings to enable such persons to take the minutes into account in preparing proposals.