The Central Tenders Board (CTB)  from the Procurement and Stores Regulations is replaced by the Central Public Procurement Board Sections 11 – 22 of the Public Procurement Act

Central Public Procurement Board

1. Establishment of Central Public Procurement Board

There is established a Central Public Procurement Board.

1. Functions of the Board

(1) The Board shall, in respect of a public procurement of a major value —

(a) establish appropriate internal procedures for the operations of the Board

and ensure compliance with them;

(b) (deleted by Act 13 of 2020)

(c) receive and publicly open tenders;

(d) select persons from a list of qualified evaluators maintained by it to act as

members of a Tender Evaluation Committee and oversee the examination

and evaluation of tenders; and

(e) review the recommendations of a Tender Evaluation Committee.

(Substituted by Act 13 of 2020)

(1A) Where the Board accepts the recommendations of the Tender Evaluation

Committee, the Board may approve the award of the public procurement contract.

(Inserted by Act 13 of 2020)

(1B) The Board —

(a) shall examine the grounds for the dissenting views;

(b) may require the Tender Evaluation Committee to review its evaluation on specific grounds, where the Board is in receipt of the recommendations of the Tender Evaluation Committee with dissenting views that has a significant effect on the result arrived at by the Board.

(Inserted by Act 13 of 2020)

(1C) The Board may, if dissenting views persist —

(a) decide on the issue and approve the award of the public procurement contract;

(b) cancel the tendering process; or

(c) appoint another Tender Evaluation Committee to make a new evaluation.

(Inserted by Act 13 of 2020)

(2) The Board shall strive to achieve the highest standards of transparency

and equity in the execution of its functions, taking into account —

(a) the evaluation criteria and methodology disclosed in the tendering documents;

(b) the qualification criteria and methodology disclosed in the tendering documents;

(c) equality of opportunity to all tenderers;

(d) fairness of treatment to all parties;

(e) the need to obtain the best value for money in terms of price, quality and

delivery, having regard to set specifications; and

(f) transparency of process and decisions.

(3) The Board shall exercise such functions, as may be assigned to it under any

other enactment.

(2) The Board shall strive to achieve the highest standards of transparency and

equity in the execution of its functions, taking into account —

(a) the evaluation criteria and methodology disclosed in the tendering documents;

(b) the qualification criteria and methodology disclosed in the tendering documents;

(c) equality of opportunity to all tenderers;

(d) fairness of treatment to all parties;

(e) the need to obtain the best value for money in terms of price, quality and

delivery, having regard to set specifications; and

(f) transparency of process and decisions.

(3) The Board shall exercise such functions, as may be assigned to it under any

other enactment.

1. Powers of the Board

(1) In the discharge of its functions under section 12, the Board may —

(a) carry out any study relevant to the determination of the award of a public procurement contract for public procurement of a major value;

(b) request any professional or technical assistance from any appropriate person in Saint Lucia or elsewhere; or

(c) do all such acts and things as it may consider incidental or conducive to the

exercise of its functions under section 12.

(2) Where —

(a) any variation in a public procurement contract price subsequent to the conclusion of a public procurement contract entered into by a procuring entity causes the total public procurement contract amount to exceed the major value by more than 20%; or

(b) the lowest tender submitted in response to an invitation made by a procuring entity exceeds the major value; the matter together with all the tendering documents and the public procurement

contract, if any, shall be referred to the Board for approval.

(3) Where it comes to the knowledge of the Board that a public procurement contract has been awarded or is about to be awarded in breach of this Act, the Board shall immediately report the matter to the Director, recommending such action as it considers appropriate.

(4) The Director may, where he or she considers appropriate, refer any matter reported to him or her under subsection (3) to the Public Service Commission or the police, as the case may be, for enquiry.

1. Composition of the Board

(1) Subject to subsections (2) and (3), the Board shall consist of —

(a) a Chairperson who is the Permanent Secretary in the Ministry of Finance or a person nominated by the Permanent Secretary; (Substituted by Act

13 of 2020)

(b) two Vice-Chairpersons; and

(c) three public officers. (Substituted by Act 13 of 2020)

(2) The Board shall be appointed by the Minister on such terms and conditions as the Minister determines.

(3) A person appointed under subsection (1) must have wide experience in one or more of the following fields —

(a) legal;

(b) administration;

(c) business;

(d) public procurement;

(e) economics;

(f) finance;

(g) engineering;

(h) science or technology.

(4) The Board may co-opt other persons capable of assisting it with expert advice but no such person has the right to vote on any matter considered by the Board.

(5) The Minister shall cause to be published in the Gazette the names of all members of the Board as first appointed and every change in the membership of the Board and the revocation of any such appointment.

1. Duration of appointment

Subject to section 16, a member holds office for a period of 3 years and is eligible for re-appointment.

1. Revocation

The Minister may revoke the appointment of a member who has been guilty of —

(a) any misconduct, default or breach of trust in the discharge of his or her

duties;

(b) an offence of such nature as renders it desirable that his or her appointment should be revoked.

1. Secretary to the Board

(1) The Public Service Commission shall appoint a Secretary to the Board.

(2) The Secretary shall —

(a) be responsible for the execution of the policy of the Board and for the control and management of the day-to-day business of the Board;

(b) attend every meeting of the Board and may take part in its deliberations but does not have the right to vote.

1. Staff of the Board

The Board shall, in the conduct of its business, be assisted by such public officers as may be designated by the Public Service Commission or by such persons as may be appointed by the Board under contract terms and conditions.

1. Meetings of the Board

(1) The Board shall meet as often as is necessary and at such time and place as

the Chairperson considers necessary.

(2) Everything authorised or required to be done by the Board shall be decided by simple majority of the members present and voting.

(3) In the absence of the Chairperson at any meeting, the other members shall designate one of the 2 Vice-Chairpersons to preside over the meeting.

(4) At any meeting of the Board —

(a) except where the Board meets for the purpose of opening bids, no person other than a member or a person referred to in section 14(4) shall be present;

(b) the Chairperson or one of the 2 Vice-Chairpersons and 2 other members constitute a quorum; and

(c) each member shall have one vote on the matter in question and, in the event of an equality of votes, the person chairing the meeting has a casting vote.

(5) Where a member does not, for good cause, attend a meeting of the Board, the Secretary shall immediately communicate to the member the decision taken at the meeting, and the member may, within 24 hours, request the Chairperson to reconvene the Board so as to reconsider the decision.

(6) Subject to this section, the Board shall conduct its proceedings in such manner as it thinks fit.

1. Oath of office

A member shall, on assumption of duty, take the oath or affirmation specified in Schedule 2.

1. Disclosure of interest

(1) A member shall, as soon as practicable, disclose to the Chairperson any matter in which he or she has, directly or indirectly, personally or by his or her close relative, business associate or company, any pecuniary or business interest.

(2) Where a member discloses an interest under subsection (1), the Board shall determine whether or not the member’s interest in a matter is material and where the Board determines that the member’s interest is material, the member shall not take part in and shall be absent from any decision relating to the matter.

(3) A disclosure and the absence of a member from the decision relating to the matter in accordance with subsection (2) shall be noted in the minutes of the meeting by the Secretary.

(4) A member shall not —

(a) fail to comply with subsection (1);

(b) vote in respect of a matter before the Board in which he or she is materially interested, whether directly or indirectly; or

(c) seek to influence the vote of any other member in relation to a matter before the Board in which he or she is materially interested, whether directly or indirectly.

(5) A member who contravenes subsection (4) commits an offence and is liable on summary conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both such fine and imprisonment.

1. Funds

The Board shall derive its funds from the Consolidated Fund

 

REFER TO ATTACHMENT / GAZETTE FOR THE MEMBERS OF THE BOARD,