Tenders Board (CAP. 424A 1
CHAPTER 424A
T H E TENDERS BOARD ACT
Arrangement of Sections
Section
1. Short title.
2. Interpretation.
3. Application of Act.
4. Establishment and Functioiis of Board.
5. Composition of Board.
6. Officers of the Board.
7. Tenure of non-ex-officio members.
8. Payment of remuneration to members of the Board.
9. Filling of vacancies on the Board.
10. Leave of absence of members of the Board.
11. Functions of the Chairman of the Board.
12. Meetings of the Board.
13. Record of meetings.
14. Quorum for conducting meetings.
15. Decisions of the Board.
16. Method of recording decisions of the Board.
17. Committees of the Board.
18. Meetings of committees.
19. Quorum of committees.
20. Application to Board for the supply of articles etc.
21. Offers to be lodged in specially constructed and
designated boxes.
22. Opening of Tenders Boxes.
23. Board may demand deposit.
24. Board to accept lowest offer.
25. Board to notify acceptance of offer.
26. Formal contract to be entered into.
27. Contractor to provide security.
28. Disposal of surplus or unserviceable articles.
29. Custody and control of surplus and unserviceable
articles.
30. Board to consult officers and members of the public.
3 1 . Board business is confidential.
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32. Minister to give directions to the Board.
33. Indemnification for acts or omissions done in good faith.
34. Corrupt practices prohibited.
35. Ocfences and penalties.
36. Regulations.
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Tenders Board (CAP. 424A 3
TENDERS BOARD
(27th December, 1991 .)
An Act to establish a Tenders Board for the procure-
ment and supply of articles and materials; the award of con-
tracts for the execution of works and the provision of services
for the Government of Antigua and Barbuda, any corporate
body established by an Act of Parliament or any company
limited by liability in which the Government is the majority
share holder; and to do other things connected therewith.
1. This Act may be cited as the Tenders Board Act. Short title.
2. In this Act- Interpretation.
"articles" means all goods, materials, stores, vehicles,
machinery, equipment and things of all kinds;
"Board" means the Tenders Board established under
section 4 of this Act:
"committee" means a Committee of the Board
appointed under section 17 of this Act;
"ex-officio members" means the members of the Board
appointed under section 5 (1) (a), ( 6 ) and ( c ) ;
"Government" means the Government of Antigua and
Barbuda;
"Minister" means the Minister of Finance;
"person" includes a company, firm, partnership, society
or association of persons;
"public officer" means the holder of a pensionable office
under the law for the time being in force o r any
person appointed to act in any such office and any
person serving the Government on contract or on
a temporary basis;
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4 CAP. 424A) Tenders Board
"public service" means the service of the Crown in
respect of the Government of Antigua and Barbuda;
:'statutory body" means any local government, com-
mission, a body corporate established by an Act
of Parliament and a company limited by liability
of which the Government is the majority
shareholder;
" work" means building, constructions and engineer-
ing works of all kinds.
Application of
Act.
3. This Act applies to the Government and any
statutory body notwithstanding any general or special power
or authority vested in such statutory body by an Act of
Parliament.
Establishment
and functions of
4. (1) There is hereby established a Tenders Board
Board. which shall have the sole and exclusive authority in accord-
ance with this Act-
(a ) to act for, in the name and on behalf of the
Government and the statutory bodies to which this Act
applies, to invite consider and accept or reject offers
for the supply of articles or for the undertaking of works
or any services in connection therewith, necessary for
carrying out the functions of the Government or any
such statutory body;
(6 ) to dispose of surplus or unserviceable articles
belonging to the Government or any of the statutory
bodies to which this Act applies.
(2) The Board shall have such other functions and duties
as the Cabinet may, from time to time, by order prescribe.
Composition of
Board.
5 . (1) The Board shall compose of seven members
consisting of-
(a ) the Crown Solicitor;
(6 ) the Permanent Secretary, Ministry of Finance;
( 6 ) two public officers appointed by the Minister
to represent statutory bodies to which this Act applies;
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Tenders Board (CAP. 424A 5
(6) three other persons with requisite qualification
and experience in accountancy or business management
to be appointed by the Minister.
(2) The Minister shall appoint, from among the
members of the Board, other than the Crown Solicitor, a
Chairman and a Deputy Chairman of the Board.
6. The Minister may, after consultation with the zffi;;~. of the
Board, appoint such officers and other staff as may be deemed
necessary for the proper carrying out of the provisions of
this Act.
7. (1) Subject to subsection (2), members of the Board T;-zcizf non-
other than the ex-officio members shall hold office for two members.
years.
(2) A member of the Board, other than an ex-officio
member, shall vacate his office-
(a) after his term of office expires;
(6) by written notice of resignation addressed by
him to the Minister;
(c) if he departs from Antigua and Barbuda for a
period of thirty days without the leave of the Minister
or remains out of Antigua and Barbuda after the
expiration of his leave without the special permission
of the Minister;
(6) if he fails without reasonable excuse (the suffi-
ciency whereof shall be determined by the Minister) to
attend three consecutive regular meetings of the Board.
(3) A member of the Board who has vacated his office
shall be eligible for re-appointment.
8. The Minister may in his discretion direct that such Payment of
remuneration to
remuneration as he may determine shall be paid to members members of the
of the Board. Board.
9. Where, by reason of death, illness, absence, Pining of . . vacancies on the
resignation or otherwise of a member other than an ex-officzo ~ ~ ~ ~ d .
member, a vacancy occurs in the membership of the Board,
the Minister shall appoint some other person to be a member
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6 CAP. 424A) Tenders Board
of the Board for the unexpired term of the member whose
office so become vacant; but so long as a quorum is present
at any meeting, the Board shall be deemed to be duly con-
stitute$ notwithstanding any vacancy in the membership of
the Board.
Leave of absence
of members of 10. (1) The Minister may grant leave of absence to
the Board. a member of the Board other than an ex-officio member.
(2) Except in the case of an ex-officio member the
Minister may appoint a person in the place of any member
of the Board who is temporarily absent from Antigua and
Barbuda or unable to perform his duties by reason of illness
or other cause.
Functions of the
Chairman of the 11. (1) Meetings of the Board shall be presided over
Board. by the Chairman.
(2) The Deputy Chairman shall, in the absence or
inability of the Chairman, perform all functions and duties
of the Chairman and shall perform such other functions and
duties as may be required of him by the Board.
Meetings of the
Board. 12. (1) The Board shall meet as often as may be
necessary or expedient for transacting its business; but shall
meet at least once in every month.
(2) Except in such cases as may be determined by the
Chairman, notices of meetings together with agendas shall
be circulated to members at least forty-eight hours before
the time appointed for such meetings.
(3) A member of the Board or a committee thereof who
is a member of a company, firm or other body or is a partner
or is in the employment of a person or a company or other
body or is married to a person who has submitted an offer
for the supply of articles or for the provision of service in
connection therewith which is the subject of consideration
by the Board, shall disclose the fact and shall not take part
in the consideration or discussion of, or vote on any ques-
tion relating to such offer.
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Tenders Board (CAP. 424A 7
13. ( 1 ) Minutes of each meeting shall be kept in a Record of
meetings. proper form in a minute book by the Secretary of the Board
and shall be confirmed by the Board and certified by the
Chairman at the next succeeding meeting.
( 2 ) Copies of such minutes certified by the Chairman
shall be forwarded to the Minister.
(3) The Board shall furnish the Minister with all inform-
ation or documents which the Minister may, from time to
time, require.
14. At any meeting of the Board or for the purpose Quorum for
conducting of voting on papers circulated, the Chairman or the Deputy
Chairman and any three members shall constitute a quorum.
15. (1) Decisions of the Board shall be taken at Decisions of the
Board.
meetings of the Board.
( 2 ) The decisions of the Board shall be by a majority
of votes and for that purpose the Chairman shall have both
an original and a casting vote.
16. Any document purporting to record a decision Method of
recording
of the Board and signed by the Chairman and any notifica- decisions of the
tion in the Gazette purporting to record a decision of the Board, Board.
are admissible in evidence as prima facie proof of the decision
recorded.
17. (1) The Board may, from time to time, appoint rh",mB",'::;s
such committees as it considers necessary to advise and make
recommendations to the Board on-
( a ) the supply of articles;
(b) the undertaking of works or the provision of
services; or
(c) the disposal of surplus or unserviceable articles.
(2) Any committee appointed under subsection ( 1 ) shall
consist of-
( a ) three members of the Board, one of whom shall
be appointed Chairman of the Committee;
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8 CAP. 424A) Tenders Board
(6) one member nominated by the department of
Government or the statutory body on whose behalf the
offer is to be considered by such committee.
(3) The committee may after considering any matter
referred to it under subsection (1) submit its report and the
recommendations to the Board.
(4) The Board may accept or reject any such recom-
mendations made by a committee or make its own decision
on the matter.
Meetings of
committees.
18. (1) Each committee shall meet as often as is
necessary or expedient for the transaction of its business.
(2) Section 12 (2) and (3) shall, with such modifications
as may be necessary, apply to meetings of committees.
(3) The Chairman shall assign one of the officers of the
Board to act as Secretary to any committee appointed under
section 17.
(4) Minutes of each meeting of the committee shall be
kept in a form approved by the Board and signed by the
Chairman and all the members of the committee who par-
ticipated in the deliberations.
(5) Copies of such minutes certified by the Chairman
of the committee shall be submitted to the Board who shall
( forward copies thereof to the Minister.
Quorum of 19. The Chairman of a committee and any two
committees. members thereof including the member nominated under
section 17 (2) (6) shall constitute a quorum for the transaction
of its business.
Application to
Board for the 20. (1) Whenever articles or works or any services
of articles in connection therewith are required to be supplied or under-
etc. taken on behalf of the Government or a statutory body to
which this Act applies, the Government or such statutory
body shall apply in writing to the Board to invite on its behalf
tenders for the supply of those articles or for the undertaking
of the works or services in connection therewith.
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Tenders Board (CAP. 424A 9
(2) The application referred to in subsection (1) shall
contain a sufficient description of the articles, works or ser-
vices to be supplied or undertaken and in the case of-
( a ) the Government shall be signed by the Perma-
nent Secretary;
( b ) a statutory body by the Managing Director or
the administrative head of the statutory body as the case
may be.
(3) O n the receipt of any such application, the Board
shall either-
(a ) invite members of the public in general to make
offers for the supply of such articles or for the under-
taking of such works or the provision of services, as the
case may be, by notice published In the Gazette and in
local or overseas newspapers, or
( b ) subject to the approval of the Minister, invite
such bodies or persons as may be selected by the Board
to make offers for the supply of such articles or for the
undertaking of such works or services, as the case may
be, whenever the Board considers it expedient or
desirable so to do.
(4) The notice shall contain-
( a ) a sufficient description of the articles required
or of the works or services to be undertaken and shall
whenever necessary also contain the place where and
the time when additional information relating thereto
can be obtained;
( b ) the form or manner in which an offer is to be
made;
- (c) the date and time within which an offer is to
be made;
(d) the place where and the manner in which the
offer is to be submitted.
2 1. (1) The Board shall keep at its office and in such Eg: t;nbe
other places as it thinks necessary specially constructed boxes specially
in which all offers shall be lodged. constructed and designated boxes.
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10 CAP. 424A) Tenders Board
( 2 ) Each box shall bear the inscription "Tenders Box"
and shall have two independent locks. The key for one lock
shall be kept by the Chairman of the Board and the key to
the other lock by a member of the Board or a member of
the cdmmittee appointed by the Board.
Opening of
Tenders Boxes. 22. O n the date appointed for the opening of offers,
the box shall be unlocked by the persons to whom the custody
of the keys have been entrusted under section 21 in the
presence of-
( a ) the Chairman and two members of the Board,
and
(b) the members of the committee set up to advise
the Board on the offers for the supply of articles or the
undertaking of work or the provision of services.
Board may
demand deposit. 23. ( 1 ) The Board may require any person who is
desirous of making an offer to deposit with the Treasury a
sum in an amount and in a currency or other security to
be determined by the Board before any offer is made.
(2) The Board may forfeit any sum or enforce the
security so deposited if-
( a ) any person making the deposit fails to make
an offer,
(6) any person whose offer is accepted fails or
refuses to enter into a formal contract, or
(6) any person to whom a contract is awarded fails
to execute and fulfil the terms thereof.
(3) After a contract is awarded the Board shall arrange
for the refund of any deposit to persons whose offers have
not been accepted.
Board to accept
lowest offer.
24. (1) After the offers have been opened the Board
or a committee shall, at such time or times as may be deemed
necessary or expedient, consider the offers so received.
( 2 ) The Board shall, after taking into account-
(a) the quality of the articles;
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Tenders Board (CAP. 424A 11
( b ) in the case of works or services, the financial,
technical and administrative competence of the persons
making the offer;
(c) the reasonableness of the prices being offered;
accept the lowest offer except where it has good reason to
justify the acceptance of an offer higher than the lowest offer.
(3) Where the Board accepts an offer higher than the
lowest offer it shall submit to the Minister a comprehensive
report giving its reasons for accepting an offer higher in value
than the lowest offer.
(4) No formal contract of an ofLer which is higher than
the lowest offer shall be entered into until it is approved by
the Minister.
25. (1) Where an offer has been accepted- Board to notify
acceptance of
( a ) the person who has submitted the offer shall
be notified by the Board of its acceptance, and the Board
shall inform him that he is required to enter into a formal
contract with the departmen; of the Government or the
statutory body, on whose behalf the offers were invited,
and
( 6 ) the Government or the statutory body on whose
behalf the offers were invited, shall be notified by the
Board of the Board's acceptance of the offer.
( 2 ) The notification referred to in subsection ( 1 ) is to
be in writing and signed by the Chairman or, in his absence,
by the Deputy Chairman.
26. ( 1 ) Where an offer has been accepted by the c ; y : g ; L r t
Board, the Government or the statutory body on whose behalf into.
the invitation to offer was issued and the person whose offer
has been accepted shall enter into a formal contract for the
supply of the articles or the undertaking of the works or
services, as the case may be.
( 2 ) A formal contract shall be in such form, and con-
tain such terms, conditions and pr~visions, as the Attorney-
General may determine.
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12 CAP. 424A) Tenders Board
(3) Any formal contract arising out of the acceptance
of an offer under this Act shall, except as otherwise deter-
mined in writing by the Attorney-General, be drawn up by
a legal officer appointed by the Attorney-General.
(4) The Board shall publish in the Gazetc the name of
the person or body to whom the contrz@-is awarded, the
amount of the tender and the date on which the award was
made.
Contractor to
provide security. 27. The Board shall demand from every person to
whom any contract is awarded to provide security in such
form and to such extent as the Board may determine.
Disposal of
surplus or 28. (1) Whenever the Government or a statutory
unserviceable body to which this Act applies determines that any article
articles. which is the property of the Government or the property
of such statutory body and which was originally valued at
more than $10,000 is unserviceable or is surplus to the
requirements of the Government or of such statutory body,
the Government or the statutory body concerned shall report
to the Board to this effect.
(2) The report shall contain a full description of the
articles, the quantity thereof and the places where the articles
are stored.
(3) The Government or the statutory body shall
continue to be responsible for the surplus or unserviceable
articles until it surrenders the custody or control thereof to
the Board.
(4) Any surplus or unserviceable article the original
value of which is $10,000 or less may be disposed of by a
department of Government or a statutory body after obtain-
ing the approval of the Board.
Custody and
control of surplus
29. (1) O n the receipt by the Board of a report under
and unserviceable section 28 (1) the Board may in its discretion assume the
articles. custody and control of the surplus and unserviceable articles.
(2) The Board shall sell and dispose of the articles by
public auction, or where it is not possible to dispose of the
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Tenders Board (CAP. 424A 13
articles by public auction it may adopt such other method
of disposal as the Board may consider proper and desirable.
(3) A member of the Board or such officer of the Board
as may be appointed by the Board shall attend every such
sale and submit to the Board a report of the result of the sale.
(4) The Board shall make arrangements for the deposit
of the proceeds of such sales less all expenses incurred as
a result thereof with the Accountant-General for the account
of the Government or the statutory body concerned as the
case may be.
30. (1) In the exercise of the power conferred on it Board to consult
officers and
under this Act, the Board or a committee may- members of the
public.
(a) consult with an officer or oficers of the Govern-
ment or of a statutory body to which this Act applies
or such other person or persons as the Board, in its
discretion, may consider proper and desirable;
(6) request that the services of any officer of the
Government or of a statutory body to which this Act
applies be made available to the Board with respect to
any of the functions and duties of the Board, and the
Government or the statutory body, as the case may be,
shall comply with any such request;
( 6 ) require any person who has made an offer to
the Board to attend a meeting of the Board and to furnish
the Board within a specified time with such informa-
tion with respect to that person's finances, equipment
or professional or technical qualifications as the Board
may require; or any other information that in the
opinion of the Board is necessary for the proper assess-
ment of the offer and the winner's capacity to execute
the same; and
(d) make inspections and arrange for the Chair-
man or another member or an officer of the Board, to
make inspection wherever the Board considers its
desirable so to do.
(2) The services referred to in paragraph (6) of subsec-
tion (1) include the attendance at meetings, the giving of
advice and the making of reports to the Board.
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14 CAP. 424A) Tenders Board
Board business is 3 1. ( 1 ) Every person having an official duty or being confidential.
employed in the administration of this Act or engaged as
a consultant to the Board shall consider and deal with all
docum~nts and information relating to the functions of the
Board as confidential.
( 2 ) Subject to section 13 ( 3 ) no person in possession of
or control over any document or information relating to any
business or transaction of the Board shall communicate or
attempt to communicate any information contained in such
document or pass on such document to any person other
than a member of the Board.
Minister to give
directions to the 32. ( 1 ) The Minister may, from time to time, give
Board. general or special directions to the Board and the Board shall
comply with any such direction.
( 2 ) Such directions as may be given by the Minister
under subsection ( 1 ) shall be in writing and signed by the
Minister.
Indemnification
for acts or
33. No member of the Board is personally liable for
omissions done any act or omission of the Board done or omitted in good
in good faith. faith in course of the operations of the Board; and any sums
of money damages or costs that are recovered against the
Board for anything done or omitted as aforesaid shall be paid
out of the funds provided by the Treasury.
Corrupt practices 34. ( 1 ) No person, whether such person has made
prohibited.
an offer or not, shall, with intent to gaining any advantage
or concession for himself or any other person-
( a ) offer any member of the ~ o a r d ' o r a committee
thereof or any employee of the Board or any consultant
or person providing service under section 30 (1) (a ) and
( b ) , a gift of money or other thing;
(b) approach any member of the Board, committee
or any officer thereof with respect to any matter that
is before the Board or a committee or that is expected
to come before the Board or Committee.
( 2 ) No person shall accept any gift of money or other
thing with intent-
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Tenders Board (CAP. 424A 15
(a) to vote at any meeting of the Board in a cer-
tain manner, or
( b ) to influence the Board or any member of the
Board or committee with respect to any matter that is
before the Board or committee or that is expected to
come before the Board or committee.
35. ( 1 ) Any person who contravenes section 12 (3) :':$;.and
is guilty of an offence and is liable on conviction thereof to
a fine of $20,000 or to a term of imprisonment for twenty-
four months or to both such fine and imprisonment.
(2 ) Any person requested by the Board or a committee
to furnish the Board or a committee any information by vir-
tue of section 30 (1) (c) who wilfully furnishes the Board or
a committee with information that is false, is guilty of an
offence and is liable upon summary conviction to a fine of
$5,000 or to a term of imprisonment for twelve months or
to both such fine and imprisonment.
(3) Any person who contravenes section 31 (2) is guilty
of an offence and is liable on summary conviction to a fine
of $10,000 or to a term of imprisonment for twelve months
or to both such fine and imprisonment.
(4) Any person who contravenes any of the provisions
of section 34 is guilty of an offence and is liable on conviction
to a fine of $100,000 or to a term of imprisonment for five
years. Where the person guilty of an offence under section 34
is a corporate body every director or officer thereof who
knowingly authorised, acquiesced in or permitted in the
contravention is guilty of an offence and is liable on conviction
to a fine of $100,000 or to a term of imprisonment for five
years.
36. The Minister may make such regulations as may Regulations.
appear to him to be necessary or expedient for the proper
carrying out of the intent and purposes of this Act and without
limiting the generality of the foregoing may make
regulations-
(a) prescribing the procedure to be adopted by the
Board in the exercise of the powers conferred on it by
this Act;
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16 CAP. 424A) Tenders Board
( 6 ) prescribing the forms to be used in making
offers;
(c) prescribing the periods for which advertisements
s h ~ u l d be published and determine responsibility for the
cost thereof;
(d) prescribing the forms of contract to be used;
(e) prescribing the financial limits within which con-
tracts may be awarded by officers of statutory bodies;
Cf) prescribing the procedure to be adopted in
disposing of surplus or unserviceable articles and the
limits within which they may be disposed of by
prescribed officers of statutory bodies;
&) for establishing Ministerial, departmental or
special committees to deal with departmental contracts
or special items or services, the value of which does not
exceed an amount, if any, determined by the regulations;
( h ) prohibiting the entering into contracts for the
supply of articles or the undertaking of works or the
provision of any service connected therewith with
members of statutory bodies to which this Act applies
or any officer thereof or with such other person as may
be specified in the regulations.
