Revised Laws of Saint Lucia (2021)

94.   Deficient performance, breach and termination

  1.  

    (1)   When a contractor defaults in the performance of the public procurement contract, the procuring entity may, subject to the rights of the tenderer who provided the security for the performance of the public procurement contract, take any action respecting the default as it considers appropriate, including issuing an invitation to tender or a request for proposals or negotiating a new public procurement contract.

  1.  

    (2)   Notwithstanding any other law, where a procuring entity —

    1.  

      (a)     determines that, by reason of changed circumstances, the continuation of a public procurement contract is not in the public interest; and

    1.  

      (b)     with the approval of the accounting officer, Public Procurement Committee or Board, terminates the public procurement contract,

the contractor is entitled, upon such a termination, to reimbursement of expenses incurred in the performance of the public procurement contract, but the contractor is not entitled to recover profits which would have been realised if the public procurement contract had been completed, but for its termination.