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Chapter 73:05 - Procurement Act

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L.R.O. 1/2012
LAWS OF GUYANA
PROCUREMENT ACT
CHAPTER 73:05
Act
8 of 2003
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 67 ... 1/2012

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Index
of
Subsidiary Legislation
Page
Procurement Regulations 54
(Reg. 9/2004)





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CHAPTER 73:05
PROCUREMENT ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
3. Application.
PART II
GENERAL PROVISIONS
4. International obligations.
5. Qualifications of suppliers and contractors.
6. Pre-qualification proceedings.
7. Participation by suppliers or contractors.
8. Form of communications.
9. Rules concerning documentary evidence provided by suppliers or
contractors.
10. Record of procurement proceedings.
11. Publication of contract awards.
12. Inducements from suppliers or contractors.
13. Rules concerning description of goods, services, or construction.
14. Splitting of contracts.
15. Language of solicitation documents.
PART III
ADMINISTRATIVE STRUCTURE FOR PUBLIC PROCUREMENT
16. Creation and membership of the National Procurement and Tender
Administration.
17. Functions of the National Board.
18. Secretariat of the Administration.
19. Creation and membership of Regional Tender Boards.
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SECTION
20. Functions of the Regional Boards.
21. Creation and membership of District Tender Boards.
22. Creation and membership of Ministerial, Departmental and Agency
Tender Boards.
23. Functions of the Ministerial, Departmental and Agency Tender Boards.
24. Procurement by public corporations and certain other bodies.
PART IV
METHODS OF PROCUREMENT OF GOODS, CONS-
TRUCTION AND SERVICES AND THEIR CONDITIONS FOR
USE
25. Open tendering.
26. Restricted tendering.
27. Request for quotations.
28. Single source procurement.
29. Procurement through community participation.
PART V
PROCEDURE FOR OPEN TENDERING SECTION
INVITATION TO TENDER
30. Invitation to tender.
31. Two-stage tendering.
32. Tender documents.
33. Clarification and modification of tender documents.
SECTION II – SUBMISSION OF TENDERS
34. Language of tenders.
35. Submission of tenders.
36. Period of effectiveness of tenders - modification and withdrawal of
tenders.
37. Tender security.

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SECTION
SECTION III – EVALUATION OF TENDERS
38. Opening of tenders.
39. Examination and evaluation of tenders.
40. Rejection of all tenders.
41. Prohibition of negotiations.
42. Acceptance of tender and entry into force of procurement contract.
43. Notice to other suppliers or contractors.

PART VI
METHOD FOR PROCUREMENT OF CONSULTING SERVICES
44. Request for proposals.
45. Contents of the request for proposals.
46. Criteria for the evaluation of proposals.
47. Quality-based selection.
48. Clarification and modification of requests for proposals.
49. Single source procurement.
50. Cost verification.
51. Negotiations.
PART VII
ADMINISTRATIVE REVIEW
52. Review by the procuring entity.
53. Review by an independent authority.
54. Review by Cabinet.
PART VIII
MISCELLANEOUS
55. Information to be confidential.
56. Payment for construction contracts.
57. General or special directions of the Minister.
58. Staff.
59. Funds and resources of the Administration.
60. Disclosure by members of a Body of interest in bidding process.
61. Regulations.
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62. Saving.
__________________________
CHAPTER 73:05
PROCUREMENT ACT
8 of 2004
AN ACT to provide for the regulation of the procurement of
goods, services and the execution of works, to promote
competition among suppliers and contractors and to
promote fairness and transparency in the procurement
process.
[1ST JANUARY , 2004]
WHEREAS it is considered desirable to regulate, the
procurement of goods, services and of construction so as to
promote the objective of—
(a) maximizing economy and efficiency in
procurement;
(b) fostering and encouraging participation in
procurement proceedings by suppliers and
contractors, especially participation by
suppliers and contractors regardless of
nationality, thereby promoting international
trade;
(c) promoting competition among suppliers
and contractors for the supplying of goods,
services, or construction to be procured.
(d) providing for the fair and equitable
treatment of all suppliers and contractors.
(e) promoting the integrity of, and fairness and
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Short title.
Interpretation.
public confidence in, the procurement
process; and
(f) achieving transparency in the procedures
relating to procurement.
PART I
PRELIMINARY
1. This may be cited as the Procurement Act.
2. In this Act—
“Administration” means the National Procurement and
Tender Administration established under section 16.
“appropriate board” means, as the context requires, the
National Board, the Ministerial Board, a Regional Board,
a District Board, a Departmental Board or an Agency
Board;
“construction” means all works associated with the
construction, reconstruction, demolition, repair or
renovation of a building, structure or works, such as site
preparation, excavation, erection, building, installation of
equipment or materials, decoration and finishing;
“consulting services” means services of an intellectual nature
which do not lead to a physically measurable result;
“currency” means monetary unit of account;
“domestic supplier” means a supplier having his principal
place of business in Guyana.
“goods” includes raw materials, products, equipment and
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other physical objects of every kind and description,
whether in solid, liquid, or gaseous form, and electricity;
“Minister” means the Minister of Finance;
“National Board” means the National Procurement and
Tender Board established under section 16.
“procurement” means the acquisition of goods by any means
including purchase, rental, lease or hire-purchase, and
the acquisition of construction, consulting, and other
services;
“procurement contract” means a contract between the
procuring entity and a supplier or contractor resulting
from the procurement process;
“procuring entity” means the procuring entity of any
ministry, department, agency or other unit, or any
subdivision thereof, of the Government, that engages in
procurement;
“Public Procurement Commission” means the Public
Procurement Commission referred to in article 212W of
the Constitution;
“regulations” except the context otherwise requires, means
regulations made under this Act;
“services” means services of a general nature other than
consulting and construction services;
“supplier or contractor” means, according to the context, any
party or potential party to a procurement contract with
the procuring entity and includes a consultant;
“tender security” means a security provided to the procuring
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Application.


International
obligations.

Qualifications
of suppliers
and
contractors.

entity to secure the fulfillment of any obligation referred
to in section 37(2) and includes such arrangements as
bank guarantees, surety bonds, stand-by letters of credit,
cheques on which a bank is primarily liable, cash
deposits, promissory notes, and bills of exchange.
3. (1) This Act applies to all procurement by procuring
entities, except as otherwise provided in subsection (2).
(2) Subject to the provisions of provisions of
subsection (3), this Act does not apply to procurement
involving national defence or national security.
(3) This Act applies to the types of procurement
referred to in subsection (2) where and to the extent that the
procuring entity, subject to the approval of the National
Board, expressly so declares to suppliers or contractors when
first soliciting their participation in the procurement
proceedings.
(4) This Act applies mutatis mutandis to a supplier
or contractor who is a person as it does to a supplier or
contractor who is a body of persons, corporate or incorporate.
PART II
GENERAL PROVISIONS
4. The provisions of this Act shall apply to any
procurement unless they conflict with any provisions made
applicable by virtue of an international agreement.
5. Every supplier or contractor wanting to
participate in procurement proceedings must qualify by
meeting such of the following criteria as the procuring entity
considers appropriate—
(i) that it possesses or has access to the
technical competence, financial resources,
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equipment and other physical facilities,
managerial capability, reliability, experience,
and reputation, and the personnel, to
perform the contract;
(ii) that it has legal capacity to enter into the
contract;
(iii) that it is not insolvent, in receivership,
bankrupt or being wound up, its affairs are
not being administered by a court or a
judicial officer, its business activities have
not been suspended, and it is not the subject
of legal proceedings for any of the
foregoing;
(iv) that it has fulfilled its obligations to pay
taxes and social security contributions of its
employees;
(v) that it has not, and its directors or officers
have not, been convicted of any criminal
offence related to its professional conduct or
the making of false statements or
misrepresentations as to its qualifications to
enter into a procurement contract within a
period of ten years preceeding the
commencement of the procurement
proceedings, or has not been otherwise
disqualified pursuant to administrative
suspension or debarment proceedings in
this or other jurisdictions over the last three
years;
(vi) that it’s past performance substantiated by
documentary evidence would commend it
for serious consideration for the award of
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the contract.
(2) Subject to the right of suppliers or contractors
to protect their intellectual property or trade secrets, the
procuring entity may require suppliers or contractors
participating in procurement proceedings to provide such
appropriate documentary evidence or other information as it may deem useful to satisfy itself that the suppliers or
contractors are qualified in accordance with the criteria set
forth in subsection (1).
(3) Any requirement mentioned in this section
shall be set forth in the prequalification documents, if any, or
in the solicitation documents and shall apply equally to all
suppliers or contractors. A procuring entity shall impose no
criterion, requirement or procedure with respect to the
qualifications of suppliers or contractors other than those set
forth in this section or the regulations.
(4) Subject to section 39 (6)(b), the procuring entity
shall establish no criterion, requirement or procedure with
respect to the qualifications of suppliers or contractors
that discriminates against or among suppliers or contractors
or against categories thereof on the basis of nationality.
(5) (a) A procuring entity may disqualify a supplier
or contractor if it finds at any time that the
supplier or contractor knowingly submitted
information concerning the qualifications of
the supplier or contractor that was
materially inaccurate, incomplete, or false.
A supplier or contractor that has been
disqualified pursuant to this paragraph may
be subject to such sanctions as the National
Board may impose.
(b) Other than in a case to which paragraph (a)
applies, a procuring entity may not
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Pre-qualifica-
tion proceed-
disqualify a supplier or contractor on the
ground that information submitted
concerning the qualifications of the supplier
or contractors was inaccurate or incomplete
in a non-material respect. The supplier or
contractor may be disqualified if it fails to
remedy such non- material deficiencies
promptly upon request by the procuring
entity.
6. (1) The procuring entity may engage in
prequalification proceedings in order to identify, prior to the
submission of tenders in procurement proceedings conducted
pursuant to PART V, suppliers and contractors that are
qualified to participate in such proceedings.
conditions of the contract to be
(b) a summary of the required terms and
tions;
submitting prequalification applica-
(a) instructions for preparing and
the following information—
(3) The prequalification documents shall include,
invitation to prequalify.
or contractor that requests them in accordance with the
therefor, a set of prequalification documents to each supplier
qualification proceedings, it shall provide, on payment
(2) If the procuring entity engages in pre-

shall reach the area impacted by the procurement.
are displayed and posted in public places. Such solicitations
of free access where Government procurement opportunities
published in newspapers of wide circulation or on a website
to prequalify by causing an invitation to prequalify to be
(1) (a) A procuring entity shall solicit invitations
ings.
[12 of 2010]
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entered into as a result of the
procurement proceedings;
(c) any documentary evidence or other
information that must be submitted
by suppliers or contractors to
demonstrate their qualifications;
(d) the manner and place for the
submission of applications to
prequalify and the deadline for
such submission, expressed as a
specific date and time and allowing
sufficient time for suppliers or
contractors to prepare and submit
their applications, taking into account
the needs of the procuring entity;
(e) any other requirements that may be
established by the procuring entity in
conformity with this Act and the
procurement regulations relating to
the preparation and submission of
applications to prequalify and to the
prequalification proceedings.
(4) The procuring entity shall respond to a valid
query by a supplier or contractor for clarification of the
prequalification documents that is received by the procuring
entity within a reasonable time prior to the deadline for the
submission of applications to prequalify. The response by the
procuring entity shall be given within a reasonable time so as
to enable the supplier or contractor to make a timely
submission of its application to prequalify. The response to
any query shall, without identifying the source of the query,
be communicated to all suppliers or contractors to which the
procuring entity provided the prequalification documents.

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(5) The procuring entity shall make a decision with
respect to the qualifications of each supplier or contractor
submitting an application to prequalify. In reaching that
decision, the procuring entity shall apply only the criteria set
forth in the prequalification documents.
(6) The procuring entity shall promptly notify each
supplier or contractor submitting an application to prequalify
whether or not it has been prequalified and shall make
available to any member of the general public, upon request,
the names of all suppliers or contractors that have been
prequalified. Only suppliers or contractors that have been
prequalified are entitled to participate further in the
procurement proceedings.
(7) The procuring entity shall, upon request,
communicate to any supplier or contractor that has not been
prequalified the grounds therefor.
(8) Should the procuring entity decide that a
supplier or contractor does not satisfy the prequalification
requirements, the supplier or contractor may, upon request,
obtain a review of that decision pursuant to Part VII.
(9) The procuring entity may require a supplier or
contractor that has been prequalified to demonstrate again
its qualifications in accordance with the same criteria
used to prequalify such supplier or contractor. The
procuring entity shall disqualify any supplier or contractor
that fails to demonstrate again its qualifications if requested
to do so. The procuring entity shall promptly notify each
supplier or contractor requested to demonstrate again its
qualifications as to whether or not the supplier or contractor
has done so to the satisfaction of the procuring entity. Where
a supplier or contractor is disqualified for failing to
demonstrate again its qualifications, the procuring entity
shall, upon request, communicate the grounds therefor.
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Participation
by suppliers
or contractors.

Form of
communica-
tions.

Rules concern-
ing documen-
tary evidence
provided by
suppliers or
contractors.
7. Suppliers or contractors are permitted to
participate in procurement proceedings without regard to
nationality.
8. (1) Subject to the other provisions and any
requirement of form specified by the procuring entity
when first soliciting the participation of suppliers or
contractors in the procurement proceedings, documents,
notifications, decisions and other communications referred to
in this Act to be submitted by the procuring entity or
administrative authority to a supplier or contractor or by a
supplier or contractor to the procuring entity shall be in a
form that provides a record of the content of the
communication. This shall include forms of electronic
communication provided that a record of the content is
produced.
(2) Communications between suppliers or
contractors and the procuring entity referred to in section 6
(4) and (6), and PART V, Sections I and II, may be made by a
form of communication that does not provide a record
of the content of the communication provided that,
immediately thereafter, confirmation of the communication is
given to the recipient of the communication in a form which
does provide a record of the confirmation.
(3) The procuring entity shall not discriminate
against or among suppliers or contractors on the basis of the
form in which they transmit or receive documents,
notifications, decisions or other communications.
9. (1) If the procuring entity requires the
authentication of documentary evidence provided by
suppliers or contractors to demonstrate their qualifications in
procurement proceedings, the procuring entity shall not
impose any requirements as to the authentication of such
evidence other than those provided for by law.

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Record of
procurement
proceedings.

(2) The procuring entity may require
authentication of documentary evidence only of the lowest
evaluated bidder recommended to be awarded the tender.
10. (1) The procuring entity shall maintain a record of
the procurement proceedings including—
(a) a brief description of the goods, services,
construction, or consulting services to be
procured;
(b) the names and addresses of suppliers or
contractors that submitted tenders,
proposals, or quotations, and the name and
address of the supplier or contractor with
which the contract is entered into and the
contract price;
(c) information relating to the qualification, or
lack thereof, of suppliers or contractors that
submitted tenders, proposals, offers or
quotations;
(d) the price and a summary of the other
principal terms and conditions of each
tender or proposal;
(e) the means used to solicit suppliers or
contractors and a record of any such
advertisement;
(f) the time and place for the opening of
tenders;
(g) the names of the suppliers or contractors
or their representatives or members of the
public attending the opening of tenders or
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proposals;
(h) the form of tender and those pages
containing the original bill of quantities for
construction.
(2) Subject to section 38 (3), the portion of the
record referred to in subsection (1)(a) and (b) shall, on
request, be made available to any person after a tender has
been accepted and a public notice as required by section 11,
has been published, or after procurement proceedings have
been terminated.
(3) Subject to section 38 (3), the record referred to
in subsection (1) shall, on request, be made available to
suppliers or contractors that submitted tenders, or applied for
prequalification, after a tender has been accepted or
procurement proceedings have been terminated. However,
except when ordered to do so by a competent court, and
subject to the conditions of such an order, the procuring entity
shall not disclose—
(a) information if its disclosure would be
contrary to law, would impede law
enforcement, would not be in the
public interest, would prejudice
legitimate commercial interests of the
other parties or would inhibit fair
competition;
(b) information relating to the
examination or evaluation of tender
proposals, but this non-disclosure
shall not be construed as preventing
the disclosure of scoring sheets or
rankings, or any other documents that
provide a qualitative or quantitative
comparison of the tender proposals.
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Publication of
contract
awards.

Inducements
from suppliers
or contractors.

Rules concern-
ing
description of
goods, services
or
construction.
(4) Where the procuring entity has acted in good
faith, the procuring entity shall not be liable to suppliers or
contractors for damages solely for a failure to maintain a
record of the procurement proceedings in accordance with the
provisions of this section.
11. (1) The procuring entity shall publish notice of
procurement contract awards within seven days of awarding
such contracts.
(2) The procurement regulations shall provide for
the manner of publication of the notice required by subsection
(1).
12. An appropriate board shall reject a tender, if the
supplier or contractor that submitted it offers, gives or agrees
to give, to any current or former officer or employee of the
procuring entity or other governmental authority directly or indirectly including through a family member, a gratuity in
any form, an offer of employment or any other thing or
service or value, as an inducement with respect to an act or
decision of, or procedure followed by, such appropriate board
in connection with the procurement proceedings. Such
rejection of the tender or proposal and the reasons therefor
shall be recorded in the record of the procurement
proceedings and promptly communicated to the supplier or
contractor.
13. (1) Any specifications, plans, drawings and
designs setting forth the technical or quality characteristics of
the goods, services, or construction to be procured, and
requirements concerning testing and test methods, packing,
marking or labelling or conformity certification, any symbols
and terminology, that create obstacles to participation,
including obstacles based on nationality, by suppliers or
contractors in the procurement proceedings shall not be
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Splitting of
contracts.
included or used in the prequalification documents,
solicitation documents or other documents for solicitation of
tenders.
(2) To the extent possible, any specifications, plans,
drawings, designs and requirements shall be based on the
relevant objective technical and quality characteristics of the
goods, services, or construction to be procured. There shall be
no requirement of or reference to a particular trade mark,
name, patent, design, type, specific origin or producer unless
there is no other sufficiently precise or intelligible way of
describing the characteristics of the goods, services, or
construction to be procured and provided that the words such
as “or equivalent” are included.
(3) (a) Standardized features, requirements,
symbols and terminology relating to
the technical and quality
characteristics of the goods, services,
or construction to be procured shall
be used, where available, in
formulating any specifications,
plans, drawings and designs to be
included in the documents for the
solicitation of tenders.
(b) Due regard shall be had for the use of
standardized trade terms, where
available, in formulating the terms
and conditions of the procurement
contract to be entered into as a result
of the procurement proceedings and
in formulating other relevant aspects
of the documents for solicitation of
tenders.
14. A procuring entity shall not split or cause to
split contracts or divide or cause to divide its procurement
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Language of
solicitation
documents.


Creation and
membership of
the National
Procurement
and Tender
Administr-
ation.
into separate contracts where the sole purpose for doing so is
to avoid the application of any provision of this Act or any
regulations made thereunder.
15. All documents for the solicitation of tenders
shall be in English.
PART III
ADMINISTRATIVE STRUCTURE FOR PUBLIC
PROCUREMENT
16. (1) There is hereby established an agency reporting
to the Minister of Finance to be known as the National
Procurement and Tender Administration.
(2) The Administration shall be managed by the
National Board which shall consist of seven members,
appointed by the Minister from among persons of
unquestioned integrity who have shown capacity in business,
the professions, law, audit, finance and administration.
(3) The members of the National Board to be
appointed by the Minister shall comprise—
(i) not more than five persons from the
Public Service;
(ii) not more than three persons from the
private sector after consultation with
their representative organizations.
(4) Two members of the National Board shall serve
on a full time basis and the remainder shall serve on a part-
time basis. The Minister shall appoint as Chairman one of the
full-time members.
(5) Subject to subsection (6), the term of
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Functions of
the National
Board.
membership on the Board shall be two years.
(6) The appointment of members to the Board shall
be staggered, by making the first appointment of two part-
time members for one year only.
(7) Members of the National Board shall receive
such remuneration and allowances as may determined by the
Minister.
(8) Each member of the National Board shall
declare his assets to the Integrity Commission.
(9) Four members including the Chairman shall
form a quorum, the Chairman having a casting vote.
(10) The National Board shall meet weekly and
taking into account the volume of its adjudication and
evaluation may meet at such other times as it may determine.
17. (1) The National Board shall be responsible for
exercising jurisdiction over tenders the value of which
exceeds such an amount prescribed by regulations,
appointing a pool of evaluators for such period as it may
determine, and maintaining efficient record keeping and
quality assurances systems.
(2) In addition, pending the establishment of the
Public Procurement Commission, the National Board shall be
responsible for—
(a) making regulations governing procurement
to carry out the provisions of this Act;
(b) determining the forms of documents for
procurement including, but not limited to—
(i) standard bidding documents;
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(ii) prequalification documents;

(iii) contracts;
(iv) evaluation forms; and
(v) procurement manuals, guidelines,
and procedures.
(c) organizing training seminars regarding
procurements;
(d) reporting annually to the Minister on the
effectiveness of the procurement processes,
and recommending therein any amendment
to this Act that may be necessary to improve
the effectiveness of the procurement process;
(e) as provided for in section 53, upon request,
reviewing decisions by the procuring
entities;
(f) adjudicating debarment proceedings.
(3) When the Public Procurement Commission is
established, the responsibilities of the National Board shall be
limited to those provided for in subsection (1), and all other
responsibilities listed in this section shall be the responsibility
of the Public Procurement Commission.
(4) For each procurement subject to its jurisdiction,
the National Board shall select and appoint from the pool of
evaluators appointed pursuant to subsection (1), three
individuals with appropriate expertise and experience, to
serve as members of an Evaluation Committee for such
procurement, and shall transmit to the Evaluation Committee,
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Secretariat of
the
Administra-
tion.


Creation and
membership
of Regional
Tender
Boards.
in a timely manner, all tenders timely received. The
Evaluation Committee shall evaluate the tenders as provided
for in section 39.
18. (1) The National Board shall, in consultation with
the Minister, establish a Secretariat to be responsible for the
operational management of the Administration. The day-to-
day activities of the Secretariat shall be managed by a
professional staff of proven experience and capabilities.
(2) The Secretariat shall receive the staff, training,
and equipment necessary to discharge its responsibilities.
(3) Each member of the Secretariat shall declare his
assets to the Integrity Commission.
19. (1) The National Board shall create within each
administrative region a Regional Tender Board, hereinafter
referred to as the Regional Board and subject to section 17(1),
a Regional Board shall have jurisdiction over procurement by
the relevant regional administration the value of which is less
than such an amount as may be prescribed by regulations.
(2) Each Regional Board shall consist of five
members, as follows—
(a) three members appointed by the
National Board;
(b) two members appointed by the
regional administration, from among
persons with qualifications not
dissimilar to those required for
appointment to the National Board;
(3) One member of each Regional Board appointed
by the National Board shall serve on a full-time basis and he
shall be the Chairman; the others on a part-time basis.
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Function of
the Regional
Boards.

(4) The term of membership on a Regional Board
shall be two years.
(5) Members of the Regional Board shall receive
such remuneration and allowances as may be determined by
the Minister.
(6) A member of the Regional Board shall declare
his assets to the Integrity Commission.
(7) Three members including the Chairman shall
form a quorum.
20. (1) Each Regional Board shall nominate for
consideration by the National Board qualified individuals to
serve on an Evaluation Committee.
(2) Each Regional Board shall in accordance with
this Act and the regulations oversee the administration of
procurement in its respective administrative region.
(3) Each Regional Board shall prepare, using such
standardized forms and criteria as have been prepared by
the National Board, solicitation documents for tenders
subject to its jurisdiction. A Regional Board may, with the
approval of the National Board, make such minor alterations
or modifications to such forms and criteria as are deemed
necessary on a case- by-case basis.
(4) Each Regional Board shall determine whether
suppliers or contractors satisfy such qualification
requirements as may be imposed under section 5(1).
(5) For each procurement subject to its jurisdiction,
a Regional Board shall select from the pool of evaluators
appointed by the National Board under section 17, three
evaluators with expertise and experience, to serve as
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Creation and
membership
of District
Tender Boards.
members of the Evaluation Committee for such procurement.
(6) In selecting evaluators to serve on an
Evaluation Committee, a Regional Board is not restricted to
selecting individuals from its administrative region.
(7) The Evaluation Committee shall evaluate the
tenders pursuant to section 39.
(8) A Regional Board may, on a case-by-case
basis, retain the services of agencies, procurement
consultants, or, with the approval of the responsible
Minister, the staff of a related Ministry, to provide such
assistance as may be required in carrying out its
responsibilities.
21. (a) The National Board may, at its discretion,
create District Tender Boards for procurement by
Neighbourhood Democratic Councils, hereinafter referred to
as District Boards, comprising part-time members as
follows—
(i) two members appointed by the relevant
Regional Board;
(ii) one member appointed by the relevant
Neighbourhood Democratic Council, from
among persons with qualifications not
dissimilar from those required for
appointment to the National Board.
(b) The term of membership on the District Board
shall be stated in the letter of appointment.
(c) The Chairman of a District Board shall be
appointed by the Regional Board from among the members
appointed under paragraph (a).

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Creation and
membership
of Ministerial,
Departmental
and Agency
Tender
Boards.
(d) Section 19 (5) and (6) shall mutatis mutandis
apply to a District Board.
(e) Three members including the Chairman shall
form a quorum.
(f) A District Board with the approval of the
National Board shall discharge such functions as may be
assigned to it by the Regional Board.
22. (1) Each Ministry, Department or Agency that
engages in procurement shall create a Tender Board and
subject to section 17 (1), each such Tender Board shall have
jurisdiction over procurement by the relevant Ministry,
Department or Agency, the value of which is less than such
an amount as may be prescribed by regulations.
(2) Each such Tender Board shall consist of five
part-time members, as follows—
(a) three members shall be appointed by
the Minister;
(b) two members shall be appointed by
the National Board, from among
persons with qualifications not
dissimilar to those required for
appointment to a Regional Board;
(3) The term of membership on each such Tender
Board shall be two years.
(4) Section 16 (7) and (8) shall mutatis mutandis
apply to such a Tender Board.
(5) Three members including the Chairman shall
form a quorum.
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Functions of
the Ministerial,
Departmental
and Agency
Tender
Boards.

23. (1) Each Ministerial, Departmental and Agency
Tender Board shall nominate for consideration by the
National Board qualified evaluators to serve on Evaluation
Committees.
(2) Each such Tender Board shall, in accordance
with this Act and the regulations, oversee the administration
of procurement for its respective Ministry, Department, or
Agency.
(3) Each such Tender Board shall prepare, using
such standardized forms and criteria as have been prepared
by the National Board, solicitation documents for tenders
subject to its jurisdiction; and may, with the approval of the
National Board, make such minor alterations or
modifications to the forms and criteria as are deemed
necessary on a case-by-case basis.
(4) Each such Tender Board shall determine
whether suppliers or contractors satisfy the qualification
requirements in accordance with section 39 (8).
(5) For each procurement subject to its jurisdiction,
each such Tender Board shall select from the pool of
evaluators appointed by the National Board under section 17,
three evaluators with expertise and experience, to serve as
members of the Evaluation Committee for such procurement.
(6) Each such Tender Board shall transmit to
the Evaluation Committee, in a timely manner, all tenders
timely received from contractors or suppliers pursuant to
section 35.
(7) The Evaluation Committee shall evaluate the
tenders pursuant to section 39.

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Procurement
by public
corporations
and certain
other bodies.

Open
tendering.

Restricted
tendering.
24. (1) Public corporations and other bodies in which
the controlling interest is vested in the State may, subject to
the approval of the National Board, conduct procurement
according to their own rules or regulations, except that to the extent that such rules and regulations conflict with this Act or
the regulations, this Act and the regulations shall prevail.
(2) If funds are received from the Treasury for a
specific procurement, then the corporation or other body shall
be obliged to follow the procedure set out in this Act and the
regulations.
(3) Employees of any procurement entity who
by their job description are responsible for procurement
shall declare their assets to the Integrity Commission.
PART IV
METHODS OF PROCUREMENT OF GOODS,
CONSTRUCTION AND SERVICES AND THEIR
CONDITIONS FOR USE
25. (1) Subject to subsection (2), public tendering is
mandatory. For such tendering an invitation to tender or to
prequalify, as applicable, is mandatory.
(2) A procuring entity may use a method of
procurement other than tendering proceedings in accordance
with sections 26 through 29, in which case the procuring
entity shall include in the record required under section 10 a
statement of the grounds and circumstances on which it relied
to justify the use of that particular method of procurement.
26. (1) The procuring entity may engage in
procurement by means of restricted tendering in accordance
with this section when—
(a) the goods, construction or services by
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Request for

reason of their highly complex or
specialized nature, are available only
from a limited number of suppliers or
contractors, in which case all such
suppliers or contractors shall be
invited to submit tenders;
(b) if the estimated cost of the contract is
below the threshold set forth in the
regulations.
(2) When the restricted tendering procedure is
used, only suppliers or contractors invited by the procuring
entity due to their qualifications can submit tenders. All
other steps and requirements applicable to open tendering,
as set forth in Part V of this Act, shall be complied with.
27. (1) The procuring entity may engage in
procurement by means of a request for quotations provided
that the estimated value of the procurement contract does not
exceed such amount as may be prescribed by regulations.
(2) Before awarding a contract under this section,
the procuring entity shall obtain and compare quotations
from as many qualified suppliers or contractors as feasible,
but not fewer than three.
quotation submitted by the supplier or contractor.
procuring entity and a supplier or contractor with respect to a
quotation. No negotiations shall take place between the
only one price quotation and is not permitted to change its
(4) Each supplier or contractor is permitted to give

Government procurement opportunities are displayed.
national circulation or on a website of free access where
procurement at least once a quarter in a newspaper of
quoted prices and shall publish the price of its most recent
to check prices on the Internet to ensure the reasonableness of
(3) The procuring entity shall make its best efforts
quotations.
[12 of 2010]
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Single-source
procurement.

(5) The procurement contract shall be awarded to
the supplier or contractor that submitted the lowest-priced
quotation that complied with the requirements of the
invitation.
28. The procuring entity may engage in single-source
procurement when—
(a) the goods or construction are available only
from a particular supplier or contractor, or a
particular supplier or contractor has
exclusive rights with respect to the goods or
construction, and no reasonable alternative
or substitute exists;
(b) the services, by reason of their highly
complex or specialized nature, are available
from only one source;
(c) owing to a catastrophic event, there is an
urgent need for the goods, services or
construction, making it impractical to use
other methods of procurement because of
the time involved in using those methods;
(d) the procuring entity, having procured
goods, services, equipment or technology
from a supplier or contractor, determines
that additional supplies must be procured
from that supplier or contractor for reasons
of standardization or because of the need for
compatibility with existing goods, services,
equipment or technology, taking into
account the effectiveness of the original
procurement in meeting the needs of the
procuring entity, the limited size of the
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L.R.O. 1/2012
Procurement
through
community



Invitation to


proposed procurement in relation to the
original procurement, the reasonableness of
the price and the unsuitability of
alternatives to the goods in question; or
(e) the procuring entity applies section 3 (2), to
procurement involving national defence
or national security and determines, as a
result of national security concerns, that
single-source procurement is the most
appropriate method of procurement.
29. In circumstances where procurement is
conducted in poor remote communities, where the
competitive procedures described in this Act are not feasible,
goods, works and services the value of which does not exceed
such an amount as may be prescribed by regulations, may be
procured, either—
(a) in accordance with procedures that promote
efficiency through participation of
community organizations; or
(b) through single source procurement from
direct contracting of suppliers or contractors
located near the community.
PART V
PROCEDURE FOR OPEN TENDERING
SECTION I - INVITATION TO TENDER
Government procurement opportunities are displayed and
of wide circulation or on a website of free access where
causing an invitation to tender to be published in newspapers
30. (1) A procuring entity shall solicit tenders by
deadline for submission and where the solicitation documents
the goods or construction to be procured and shall state the
prequalify, as applicable, shall contain a brief description of
posted in public places. The invitation to tender or to
participation.
tender.
[12 of 2010]
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prequalified supplier or contractor.
procuring entity shall provide a set of bid documents to each
qualification proceedings have been engaged in, the
of the cost of printing and providing them. If pre-
documents to suppliers or contractors subject to the payment
32. (1) The procuring entity shall provide tender
by the procuring entity following the first stage.
with prices on the basis of the tender documents, as revised
contractors shall be invited to submit final technical proposals
requirements. During the second stage, suppliers and
subject to further specification on technical and commercial
without submitting prices. These proposals may then be
based specifications provided in the tender documents,
proposals on the basis of a conceptual design or performance-
suppliers and contractors shall be invited to submit technical
(2) During the first stage of a two-stage tender,
by pre-qualification proceedings pursuant to section 6.
procurement contract. Two-stage tendering may be preceded
order to obtain the best performing solution for the
specifications due to the complex nature of the contract in
feasible for the procuring entity to formulate detailed
tendering by means of two-stage tendering when it is not
31. (1) A procuring entity may engage in open

documents.
Tender


tendering.
Two-stage
obtained.
and additional information regarding the tender may be
advertised only nationally, pursuant to subsection (1).
only national tenderers are expected to be interested may be
procurement opportunities are displayed. Contracts in which
the contract or on a website of free access where Government
whenever foreign tenderers are expected to be interested in
circulation dedicated to publishing international tendering
circulation or in at least one journal of wide international
prequalify, shall be published in at least a newspaper of wide
(2) The invitation to tender or invitation to

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Clarification
and modifica-
tion of tender
documents.

(2) The tender documents shall include such
information as may be determined by the National Board.
33. (1) A supplier or contractor may request a
clarification of the tender documents from the procuring
entity. The procuring entity shall respond within a reasonable
time to any query by the supplier or contractor for
clarification of the tender documents that are received by the
procuring entity so as to enable the supplier or contractor to
make a timely submission of its tender and shall, without
identifying the source of the query, communicate the
clarification to all suppliers or contractors to which the
procuring entity has provided the solicitation documents.
(2) At any time prior to the deadline for
submission of tenders, the procuring entity may, for any
reason, whether on its own initiative or as a result of a request
for clarification by a supplier or contractor, modify the tender
documents.
(3) If the procuring entity convenes a pre-bid
meeting of suppliers or contractors, it shall prepare minutes
of that meeting containing the queries submitted at the
meeting for clarification of the tender documents, and its
responses to those queries, without identifying the sources of
the queries. The minutes shall be provided promptly to all
suppliers or contractors to which the procuring entity
provided the tender documents, so as to enable those
suppliers or contractors to take the minutes into account in
preparing their tenders. All modifications of tender
conditions made by the procuring entity whether on its own
initiative, as a result of clarification requested by the tenders,
or provided during a pre-tender meeting, shall be issued in
the form of in the form of amendments to the tender documents, which shall be provided to all prospective
bidders who purchased the tender documents. Such
addendum shall be binding upon all tenders.

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Language of
tenders.
Submission of
tenders.


SECTION II – SUBMISSION OF TENDERS
34. Tenders must be formulated and submitted in
English.
35. (1) The procuring entity shall fix the place for, and
a specific date and time as the deadline for, the submission of
tenders. For every submission there shall be the original and
two copies of the tender.
(2) If pursuant to section 33, the procuring entity
issues a clarification or modification of the tender documents,
or if a meeting of suppliers or contractors is held, it shall,
prior to the deadline for the submission of tenders, extend the
deadline if necessary to afford suppliers or contractors
reasonable time to take the clarification or modification, or the
minutes of the meeting, into account in their tenders.
(3) The procuring entity may, in its absolute
discretion, prior to the deadline for the submission of tenders,
extend the deadline where it considers, based on
documentary evidence, that supplier or contractors were
prevented from meeting the deadline by factors beyond their
control.
(4) Notice of any extension of the deadline shall be
give promptly to each supplier or contractor to which the
procuring entity provided the solicitation documents.
(5) (a) Subject to paragraph (b), a tender shall be
submitted in writing, signed and in a sealed envelope clearly
marked “Tender For …”. The name of the tenderer must not
be stated on the envelope.

(b) Without prejudice to the right of a supplier or
contractor to submit a tender in the form referred in a
paragraph (a), a tender may alternatively be submitted in any
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Period of
effectiveness
of tenders;
modification
and
withdrawal of
tenders.


other form specified in the solicitation documents that
provided a record of the content of the tender and at least a
similar degree of authenticity, security and confidentiality.

(c) The procuring entity shall record the time and
date when the tender was received, and on request, provide
to the supplier or contractor a receipt showing that
information.
(6) A tender received by the procuring entity after
the deadline for the submission of tenders shall be so marked
and shall not be opened except for the purpose of ascertaining
the name and address of the bidder for the return of the
tender.
(7) No bid shall be rejected at the public opening
ceremony.
36. (1) Tenders shall be in effect during the period of
time specified in the solicitation documents.
(2) (a) Prior to the expiration of the period of
effectiveness of tenders, the procuring entity may request a
supplier or contractor to extend such period for an additional
specified period of time. A supplier or contractor may refuse
the request without forfeiting its tender security, and the
effectiveness of its tender will terminate upon the
expiration of the unextended period of effectiveness.
(b) Suppliers or contractors that agree to an
extension of the period of effectiveness of their tenders shall
extend or procure an extension of the period of
effectiveness of tender security provided by them or provide
new tender security to cover the extended period of
effectiveness of their tenders. A supplier or contractor whose
tender security is not extended, or that has not provided a
new tender security, is considered to have refused the request
to extend the period of effectiveness of its tender.
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Tender
security.


(3) Unless otherwise specified in the solicitation
documents, a supplier or contractor may modify or withdraw
its tender prior to the deadline for the submission of tenders
without forfeiting its tender security. The modification or
notice of withdrawal is effective if it is received by the
procuring entity prior to the deadline for the submission of
tenders.
37. (1) When the procuring entity requires suppliers
or contractors submitting tenders to provide a tender
security—
(a) the requirement shall apply equally to
all such suppliers or contractors;
(b) the solicitation documents may
stipulate that the issuer of the tender
security and the confirmer, if any, of
the tender security, as well as the
form and terms of the tender security,
must be acceptable to the procuring
entity;
(c) not withstanding paragraph (b), a
tender shall not be rejected by the
procuring entity on the grounds that
the tender security was not issued
by an issuer in Guyana if the tender
security and the issuer otherwise
conform to the requirements set forth
in the solicitation documents.
(2) The procuring entity shall specify in the
solicitation documents any requirements with respect to the
issuer and the nature, form, amount and other principal terms
and conditions of the required tender security; any
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requirement that refers directly or indirectly to conduct by
the supplier or contractor submitting the tender shall not
relate to conduct other than—
(i) withdrawal or modification of the
tender after the deadline for
submission of tenders, or before the
deadline if so stipulated in the
solicitation documents.
(ii) failure to sign the contract if required
by the procuring entity to do so;
(iii) failure to provide a required
performance bond for the
performance of the contract after the
tender has been accepted or to
comply with any other condition
precedent to signing the contract
specified in the solicitation
documents.
(3) The procuring entity shall make no claim to the
amount of the tender security, and shall promptly return, or
procure the return of, the tender security document, at such
time as whichever of the following occurs earliest—
(a) the expiration of the tender security;
(b) the entry into force of a contract and
the provision of a security for the
performance of the contract, if such a
security is required by the solicitation
documents;
(c) the termination of the tendering
proceedings without entry into force
of a procurement contract; or
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Opening of
tenders.


Examination
and
evaluation of
tenders.
(d) the withdrawal of the tender prior
to the deadline for the submission of
tenders, unless the solicitation
documents stipulate that no such
withdrawal is permitted.
(4) Tender securities in an amount between one
and two percent of the estimated cost of the contract shall be
required only for contracts the value of which exceeds an
amount as may be prescribed by regulations.
SECTION III – EVALUATION OF TENDERS
38. (1) Tenders shall be opened in public at the time
specified in the solicitation documents as the deadline for the
submission of tenders, or at the deadline specified in any
extension of the deadline, at the place and in accordance with
the procedures specified in the solicitation documents.
(2) All suppliers or contractors that have
submitted tenders, or their representatives, may attend the
opening of tenders.
(3) The name, address and bid number of each
supplier or contractor whose tender is opened and the tender
price shall, in accordance with the bid documents be
announced to those persons present at the opening of tenders,
and communicated to suppliers or contractors that have
submitted tenders but are not present or represented at the
opening of tenders, and recorded immediately in the record
of the tendering proceedings.
39. (1) The procuring entity shall transmit to the
Evaluation Committee all tenders timely received from
contractors or suppliers promptly following the bid opening
ceremony for the evaluation.
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(2) The Evaluation Committee shall, using only
the evaluation criteria outlined in the tender documents,
evaluate all tenders, determine which tenderer has submitted
the lowest evaluated tender, and convey its recommendation
to the procuring entity within a reasonable period of time, but
not longer than fourteen days.
(3) The procuring entity shall, if it agrees with the
Report of the Evaluation Committee, publicly disclose the
name of the tenderer identified by the Evaluation Committee
as the lowest evaluated tenderer. If the procuring entity does
not agree with the Evaluation Committee’s determination, the
procuring entity shall issue an advisory recommendation to
the Evaluation Committee regarding which bidder should be
the lowest evaluated bidder, which recommendation the
Evaluation Committee shall observe.
(4) (a) The procuring entity may ask, within a
reasonable period of time, suppliers or contractors for
clarifications of their tenders in order to assist in the
examination and comparison of tenders. No change in a
matter of substance in the tender, including changes in price
and changes aimed at making a nonresponsive tender
responsive, shall be sought, offered or permitted.
(b) Notwithstanding paragraph (a), the
Evaluation Committee shall correct purely arithmetical errors
that are discovered during the examination of tenders except
that any such correction shall in no manner influence the
outcome of the evaluation process. The Evaluation
Committee shall give prompt notice of any such correction
to the supplier or contractor that submitted the tender.
(c) Subject to paragraph (b), the Evaluation
Committee may regard a tender as responsive only if it
conforms to the requirements set forth in the tender
documents; the Evaluation Committee may regard a tender as
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responsive even if it contains minor deviations that do not
materially alter or depart from the characteristics, terms,
conditions and other requirements set forth in the solicitation
documents or if it contains errors or over sights that are
capable of being corrected without touching on the
substance of the tender.
(5) A tender shall be rejected—
(a) if the supplier or contractor that
submitted the tender is not qualified;
(b) if the supplier or contractor that
submitted the tender does not accept
a correction of an arithmetical error
made pursuant to subsection ( 4 ) (
b);
(c) In the circumstances referred to in
section 12.
(6) (a) All evaluation criteria for the procurement
of goods, works and services in addition to price, will be
qualified in monetary terms and the tender will be awarded to the lowest evaluated.
(b) The procuring entity may grant a margin of
reference not exceeding ten percent to tenders submitted
by domestic contractors or for the benefit of tenders for
domestically produced goods, provided that such preference
is specified in the tender documents. If the lowest evaluated
tender was submitted by a foreign tenderer, the evaluating
committee will apply the margin of preference to the prices
submitted by all foreign tenderers, for evaluation purpose. If,
after applying the margin of preference, the lowest
evaluated tender was submitted by a domestic tenderer,
such tenderer shall be awarded the contract. Otherwise, the
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Rejection of all
tenders.
foreign tenderer who has submitted the lowest evaluated
tender shall be awarded the contract.
(7) The currency of the bid shall be in accordance
with the bid documents.
(8) Whether or not it has engaged in
prequalification proceedings pursuant to section 6, the
appropriate board may require the supplier or contractor
submitting the tender that has been found to be the successful
tender pursuant to subsection (2) to demonstrate again its
qualifications in accordance with criteria and procedures
conforming to the provisions of section 5 (1) (i) and (vi). The
criteria and procedures to be used for such further
demonstration shall be set forth in the solicitation documents.
Where prequalification proceedings have been engaged in,
the criteria shall be the same as those used in the pre-
qualification proceedings.
(9) If the lowest evaluated tenderer is
requested to demonstrate again its qualifications in
accordance with subsection (5) (1) (i) and (vi) but fails to do
so, the Evaluation Committee shall reject its tender and
determine which of the remaining tenders is the second
lowest evaluated tender. The second lowest evaluated tender shall also be required to demonstrate again its qualification.
40. (1) Subject to approval by the National Board, if so
specified in the solicitation documents, the appropriate board
may reject all tenders at any time prior to the acceptance of a
tender. The appropriate board shall upon request,
communicate to any supplier or contractor that submitted a
tender the grounds for its rejection of all tenders, but is not
required to justify those grounds.
(2) The appropriate board shall incur no liability,
solely by virtue of its invoking subsection (1), towards
suppliers or contractors that have submitted tenders.
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Prohibition
of
negotiations.
Acceptance of
tender and
entry into
force of
procurement
contract.


(3) Notice of the rejection of all tenders shall be
given promptly to all suppliers or contractors that submitted
tenders.
41. There shall be no negotiation between the
procuring entity and any of the bidders.
42. (1) Subject to sections 39 (8) and 40, the tender that
has been identified as the lowest evaluated tender shall be
accepted. Notice of acceptance of the tender shall be given
within fourteen days to the supplier or contractor submitting
the tender.
(2) (a) Notwithstanding subsection (4), the
solicitation documents may require
the supplier or contractor whose
tender has been accepted to sign a
written contract conforming to the
tender. In such cases, the procuring
entity and the supplier or contractor
shall sign the contract within a
reasonable period of time after the
notice referred to in subsection (1) is
dispatched to the supplier or
contractor.
(b) Subject to subsection (3), where a
written contract is required to be
signed pursuant to paragraph (a),
the contract enters into force when the
contract is signed by the supplier or
contractor and by the procuring
entity. Between the time when the
notice referred to in subsection (1) is
dispatched to the supplier or
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contractor and the entry into force of
the contract, neither the procuring
entity nor the supplier or contractor
shall take any action that interferes
with the entry into force of the
contract or with its performance.
(3) Where the solicitation documents stipulate that
the contract is subject to review by the Cabinet, the
contract shall not enter into force before such review is
completed as provided for in the section. 54.
(4) Except as provided in subsections (2)(b) and
(3), a contract in accordance with the terms and conditions of
the accepted tender enters into force when the notice referred
to in subsection (1) is dispatched to the supplier or
contractor that submitted the tender, provided that it is
dispatched while the tender is in force. The notice is
dispatched when it is properly addressed or otherwise
directed and transmitted to the supplier or contractor, or
conveyed to an appropriate authority for transmission to the
supplier or contractor, by a mode authorized by section 8.
(5) If the supplier or contractor whose tender has
been accepted fails to sign a written contract, if required to do
so, or fails to provide any required security for the
performance of the contract, the appropriate board shall refer
the matter to the Evaluation Committee to determine which
of the remaining tenders is the second lowest evaluated
tenders is the second lowest evaluated tender based on
the evaluation criteria outlined in the bid documents subject
to its right, in accordance with section 40 (1), to reject all
remaining tenders. The notice provided for in subsection (1) shall be given to the supplier or contractor that submitted that
tender.
43. Upon the entry into force of the contract and, if
other suppliers
Notice to

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or
contractors.

Request for

required by the tender documents, the provision by the
supplier or contractor of a security or performance bond for
the performance of the contract, notice shall be given to other
supplier or contractors, who had tendered specifying the
name and address of the supplier or contractor that has
entered into the contract and the contract price.
PART 1V- METHOD FOR PROCUREMENT FOR
CONSULTING SERVICES
they may be excluded from future
(d) a statement informing the consultants that
(c) the minimum qualifying technical score;
which they will be applied; (b) the evaluation criteria and the manner in
prepared and submitted;
(a) the manner in which the proposals shall be
45. The request for proposals shall include—

proposals.
the request for
Contents of
Government procurement opportunities are displayed.
international circulation or on a website of free access where
appropriate trade or professional publication of wide
published in a newspaper of wide circulation or in an
interested in providing the services, the notice shall also be
(2) When foreign firms are expected to be

entity, and a brief description of the services to be procured.
notice shall include the name and address of the procuring
Government procurement opportunities are displayed. The
wide circulation or on a website of free access where
invitation to express interest published in the newspapers of
the basis of expressions of interest received in response to an
been included in a short list. Short lists shall be prepared on
request proposals from consulting services firms, which have
44. (1) Subject to section 46, the procuring entity shall
proposals.
[12 of 2010]
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Cap. 73:05 45

Criteria for
the evaluation
of proposals.

Quality-based
selection.


Clarification
and modifica-
tion of
requests for
proposals.
participation in procurement of goods,
works, services or consulting services
resulting from the assignment for which
the Request for Proposals was issued; and
(e) the draft contract.
46. The Evaluation Committee shall evaluate the
proposals based on technical quality of the proposal,
including such considerations as the consultant’s relevant
experience and the expertise of its staff, the proposal work
methodology and the price of the proposal. The method of
selection stated in the Request for Proposals may be based on
either—
(a) a combination of quality and price,
according to the relative weights stated in
the Request for Proposals;
(b) the quality of the technical proposal
within a predetermined fixed budget
specified in the Request for Proposals; or
(c) the best financial proposal submitted by a
bidder that has obtained the minimum
qualifying score.
47. Where the consulting services are of an
exceptionally complex nature, will have a considerate impact
on future projects, or may lead to the submission of
proposals, which are difficult to compare, the procuring
entity may select the consultant based exclusively on the
technical quality of the submitted proposal.
48. (1) A consultant may request a clarification of the
request for proposals from the procuring entity. The
procuring entity shall respond to any of request for proposals
that is received by the procuring entity within a reasonable
L.R.O. 1/2012
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Single source
procurement.


time prior to the deadline for submission of proposals. The
procuring entity shall respond within a reasonable time so as
to enable the consultant to make a timely submission of its proposal and shall, without identifying the source of the
request, communicate the clarification to all consultants to
which the procuring entity has provided the request for
proposals.
(2) At any time prior to the deadline for
submission of proposals, the procuring entity may, for any
reason, whether on its own initiative, or as a result of a
request for clarification by the consultant, modify the request
for proposals by issuing an amendment. The
amendment shall be communicated promptly to all
consultants to whom the procuring entity has provided the
request for proposals and shall be binding on them.
(3) If the procuring entity convenes a pre-bid
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 those requests,
without identifying the sources of the requests. The
minutes shall be provided promptly to all consultants
participating in the procurement proceedings, so
as to enable those consultants to take the minutes into account
in preparing their proposals.
(4) In addition to this Part, the other relevant
provisions of this Act shall, as they apply to the procurement
of goods or construction, apply mutatis mutandis to the
procurement of services.
49. The procuring entity may engage in single source
procurement where the services to be procured require that a
particular consultant be selected due to the consultant’s
unique qualifications or where it is necessary to continue a
project with the same consultant.
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L.R.O. 1/2012
Cost verifica-
tion .

Negotiations.

Review by the
procuring
Entity..

Review by an
independent
authority.

50. Contracts may be awarded following the
procedures set forth in sections 47 and 49 only if the selected
contractor agrees to be subjected to cost verification during
the performance of the services. The contract shall indicate the
accounting obligations of the contractor including the
obligation to present appropriate accounts or documents
allowing the determination of the cost of the services.
51. The procuring entity may negotiate the terms of
the contract with the selected consultant. Under no
circumstances may the procuring entity, engage in
negotiations with more than one candidate simultaneously.
PART VII
ADMINISTRATIVE REVIEW
52. (1) A bidder whose tender or proposal has been
rejected may submit a written protest to the procuring entity.
(2) The protest may pertain to the pre-qualification
or tendering proceedings or to the method of procurement
selected by the procuring entity.
(3) The protest must be submitted within five
business days following publication of the contract award
decision.
53. (1) If the protest is not reviewed by the procuring
entity within five business days from the date of the protest’s
submission, the bidder may submit a request for review to the
authority specified in section 17 (2).
(2) Upon receipt of a request for review, the
authority specified in section 17 (2) shall give prompt notice
of the request for review to the procuring entity.
(3) The procuring entity shall make its records in
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Review by
Cabinet.

respect of the review available to the authority specified in
section 17 (2) .
(4) The authority specified in section 17 (2) shall
conduct bid protest reviews through an independent, three
person Bid Protest Committee comprising one member
appointed by the Minister, one by the Association appearing
to the Minister to represent contractors and one by the
Attorney General. The members shall be appointed from
among professionals who are particularly competent in the
field of procurement. The conditions for appointment of the
committee’s members and its functioning shall be prescribed
by the regulations.
(5) The committee shall issue a written decision
within fifteen business days of the conclusion of a review,
stating the reasons for the decision and the remedies granted,
if any. Damages may include only compensation to recover
the cost of the bid preparation. Final contract award is
suspended during this period.
(6) The decision of the Bid Protest Committee shall
be final and immediately binding upon the procuring entity.
54. (1) The Cabinet shall have the right to review all
procurements the value of which exceeds fifteen million
Guyana dollars. The Cabinet shall conduct its review on the
basis of a streamlined tender evaluation report to be adopted
by the authority mentioned in section 17 (2). The Cabinet and,
upon its establishment, the Public Procurement Commission,
shall review annually the Cabinet’s threshold for review of
procurements, with the objective of increasing that threshold
over time so as to promote the goal of progressively phasing
out Cabinet involvement and decentralising the procurement
process.
(2) In conducting a review under subsection (1),
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Information to
be confidential.

the Cabinet may object to the award of the procurement
contract only if it is determines that the procuring entity
failed to comply with applicable procurement procedures.
(3) If the Cabinet objects to an award, the matter
shall be referred to the procuring entity for further review.
(4) This section shall not be construed as
authorizing the Cabinet to award a tender to any other
supplier or contractor.
(5) The Cabinet may not object later than twenty-
one days after an award.
(6) Cabinet’s involvement under this section shall
cease upon the constitution of the Public Procurement
Commission except in relation to those matters referred to in
subsection (1) which are pending.
PART VIII
MISCELLANEOUS
55. (1) It shall be an offence for the National Board, a
Ministerial Board, a Regional Board, a District Board, a
Departmental Board, an Agency Board, an Evaluation
Committee (each hereinafter in this Part to referred to as a
Body), or a person concerned with the administration of this
Act, not to regard as secret and confidential all documents,
information and things disclosed to them in the execution of
any provisions of this Act or to divulge such information or
the contents of any document to any person except to the
extent necessary to discharge its or his functions under this
Act or any other written law or for the purpose of prosecution
for any offence or other legal proceedings.
(2) A body or person referred to in subsection (1)
who violates subsection (1) commits an offence and shall on
summary conviction be liable—
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(i) in case of a Body, to a fine of five
hundred thousand dollars and to
imprisonment for six months and
every member of such Body who
participated in the commission of
such offence shall be liable to be
removed therefrom;
(ii) in the case of a person, to a fine of two
hundred thousand dollars and to
imprisonment for three months.
(3) Any person who receives any information or
anything contained in a document, knowing or having
reasonable ground to believe at the time he receives it, that it
is communicated to him in contravention of this section shall,
unless he proves that the communication to him of the
information or anything contained in the document was
contrary to his desire, be guilty of an offence and shall be
liable on summary conviction to a fine of three hundred
thousand dollars and to imprisonment for six months.
(4) Any person who, with the intention of
gaining any advantage or concession for himself or any other
person, offers—
(a) a member of a Body or an officer
thereof, or
(b) a person referred to in subsection (1)
a gift of money or other thing with respect to a matter that is
expected to come before the Body or person commits an
offence and shall, in addition to being disqualified from being
awarded a contract, be liable to a fine of five hundred
thousand dollars and to imprisonment for six months.
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Payment for
contruction
contracts.


(5) Notwithstanding anything contained in any
other written law, a person who—
(a) attempts to commit;
(b) conspires with any other person to
commit;
(c) solicits, incites, aids, abets or counsels
any other person to commit or;
(d) causes or procures or attempts to
cause or procure the commission of,
an offence under subsection (4) shall , in addition to being
disqualified from being awarded a contract, be liable to be
charged, tried, convicted and punished in all respects as if he
were a principal offender.
(6) A member of a Body shall not be personally
liable for any act or omission of the Body done or omitted in
good faith in the course of the operations of the Body; a
person concerned with the administration shall not be
personally liable for any act or omission done or committed
in good faith in the course of such administration.
56. (a) Contracts for construction works shall
be paid in instalments at least monthly,
as certified in accordance with the
contract, except for contracts providing
an execution period of less than three
months, in which case payment of
instalments is optional.
(b) The amount of the installment shall not
exceed the value of the services for which
the contract is awarded, once the sum
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General or
special
directions of
the Minister.
Staff.
Funds and
resources of
the Administra-
tion..
required for the reimbursement of
advance payments, if any, is deduced.
(c) Where the instalments are paid
according to the predetermined
execution phases and not according to
material execution, the contract may
determine, in the form of a percentage of its initial price, the amount of each
installment.
(d) The specification of general
administrative terms determine the
periods of technical phases of the
execution according to which the
instalments shall be paid.
(e) The contractor may not use the supplies
for which any advance payments or
instalments have been paid for any work
other than those provided in the contract.
Any breach of this provision may
lead to the termination of the contract
fully and entirely.
57. In the exercise of its powers and the performance
of its duties, the Administration shall conform to any general
or special directions given to it by the Minister.
58. (1) Except as otherwise provided in this Act, the
staff required to administer this Act shall be made available
by the Minister.
59. (1) The Funds and resources of the Administration
shall comprise—
(a) all moneys appropriated from time to
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Disclosure
members of a
Body of
interest in
bidding
process.

Regulations.
Saving.
c. 73:01

time by the National Assembly for
the purposes of the Administration;
(b) all moneys paid to the Administration
by way of grants or donations.
60. (1) It shall be the duty of a member of a body who
is in any way whether directly or indirectly interested in any
deliberations of that Body regarding the bidding process to
declare the nature of his interest at a meeting of the Body.
(2) The declaration required to be made by this
section shall be made by a member of the Body at the meeting
of the Body at which the matters referred to in subsection
(1)are being considered or at the earliest opportunity
thereafter.
(3) A Member of a Body shall not vote in respect of
any of the matters referred to in subsection (1) in which he is
interested either directly or indirectly and if he shall so vote
his vote shall not be counted nor shall it be counted in the
quorum at the meeting.
(4) Any member of a Body who fails to comply
with or contravenes this section shall on summary conviction
be liable to a fine of two hundred thousand dollars and to
imprisonment for six months.
61. The Minister shall, with the advice of the National
Board or the Procurement Commission, make any regulation
that may be necessary for the administration of this Act.
62. Subsidiary legislation in relation to procurement,
continued in operation by the Financial Administration and
Audit Act and not inconsistent with this Act or any
regulations made under this Act, shall continue in force as if
they were regulations made under this Act to the extent that
their continuance is necessary for the administration of this
Act, subject to amendment or revocation by this Act. _________________
ADMINISTRATIVE REVIEW
PART V
9. Tender security.
8. Forms of documents for procurement.
PROCUREMENT PROCEDURES
PART IV
7. Adjustment of threshold values.
6. Exceptions to open tendering.
5. Review by Tender Boards.
THRESHOLD VALUES
PART III
4. Publication of contract awards and other data.
PUBLICITY
PART II
3. Objective.
2. Interpretation.
1. Citation.
REGULATIONS
GENERAL PROVISIONS
PART 1
ARRANGEMENT OF REGULATIONS
made under section 61
PROCUREMENT REGULATIONS
reg. 9/2004
_________________
SUBSIDIARY LEGISLATION
L.R.O. 1/2012
Cap. 73:05
Procurement 54
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[Subsidiary] Procurement Regulations
L.R.O. 1/2012
Citation
Interpretation.
Objective.

10. Right to complain.
11. Complaints to the procuring entity.
12. Bid Protest Committee.
13. Procedure for review by the Bid Protest Committee.
14. Suspension of procurement proceedings.
15. Support provided by the Administration to the Bid
Protest Committee.
SCHEDULES
SCHEDULE 1: Thresholds for review by Tender
Boards
SCHEDULE 2: Exceptions to open tendering.
PART 1
GENERAL PROVISIONS
1. These Regulations may be cited as the
Procurement Regulations 2004.
2. (1) In these Regulations, "Website" means the
Internet Website to be created by the Administration under
regulation 4.
(2) Words and phrases defined in the Act which
are used in these Regulations have the meanings given to
them under the Act.
3. The objective of these Regulations is to ensure
proper administration of the Act by adding specific
instructions on the implementation of various provisions in
the Act.

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PART II
(4) The information contained on the Website shall
Website.
Administration shall publish the information obtained on the
the type mentioned in the preceding paragraph, the
(3) Within two days of receiving any report of
(h) contract identification number/letter.
quotations received;
(g) number of tenders, proposals or
(f) procurement method used;
(e) amount and currency of the contract;
description and classification);
(d) object of the contract (short
contract was awarded;
(c) name of the party to whom the
(b) date of award;
(a) name of the procuring entity;
contract—
Administration with the following information about the
in value, the procuring entity shall provide a report to the
concerning the award of any contract exceeding $200,000.
(2) Within five days of dispatching notice
procurement.
and to otherwise disseminate information about public
Website for the purpose of giving publicity to contract awards
4. (1) The Administration shall create an Internet
PUBLICITY
data.
and other
awards
contract
Publication of


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[Subsidiary] Procurement Regulations
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Review by
Tender
Boards.
Schedule 1.
Exceptions to
open tender.
Schedule 2.
Adjustment of
threshold
values.
Schedules 1
and 2.
Forms of
be freely available to the general public.
(5) The Administration shall devise a coding and
classification system for goods, works and services acquired
in public procurement with a view to enabling statistical data
from the Website to be made available to interested officials
and the general public.
(6) The Administration shall organise the Website
in such a manner as to provide information on public
procurement in general, including business opportunities,
and to facilitate access to standard forms and documents in
use by the Government.
PART III
THRESHOLD VALUES
5. Procuring entities shall submit contract award
recommendations for review by the various Tender Boards
with respect to contracts of the types and values set forth in
Schedule 1.
6. The threshold values below which procurement
methods other than open tendering may be used shall be
as set forth in Schedule 2.
7. The Administration shall compile information
obtained under regulation 4 and other relevant data
demonstrating the workload of the various Tender Boards,
and shall prepare an annual report to the Minister
indicating the need, if any, to adjust the threshold values
set forth in Schedules.
PART IV
PROCUREMENT PROCEDURES
8. Pending the establishment of the Public
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documents for
procurement.
Tender
security.

Procurement Commission, the National Board shall prepare
and make available on the Website and through the
dissemination of printed copies, free of charge to procuring
entities, the following forms of documents for procurement—
(a) standard bidding documents, including
forms for invitations to tender, instructions
to tenderers and general conditions of
contract, for—
(i) goods; and
(ii) works;
(b) standard pre-qualification documents;
(c) standard request for proposals for
consulting services, including general
conditions of contract;
(d) guidelines for the preparation of specific
provisions in documents of the kind referred
to in sub- paragraphs (a) - (c), such as
models for bid evaluation criteria;
(e) forms for evaluation reports;
(f) other forms of documents, as well as
accompanying explanatory guidelines, in
response to demand from procuring entities,
suppliers or contractors.
9. (1)Tender security shall be required whenever the
estimated value of the contract exceeds, in the case of
contracts for goods and services (other than consulting
services), $3,000,000., and in the case of contracts for
construction, $15,000,000.

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Right to
complain.
(2) Whenever tender security is required, the
procuring entity shall determine, and specify in the invitation
to tender, the amount in Guyana dollars in which the security
shall be expressed, which amount shall correspond to not less
than one and not more than two percent of the estimated
value of the contract.
(3) Unless the National Board otherwise decides in
response to a request from the procuring entity, the tender
security shall be in the form of an on-demand guarantee by a
bank or other reputable financial institution, which institution
shall be independent of the tenderer.
PART V
ADMINISTRATIVE REVIEW
10. (1) Any supplier or contractor who claims to have
suffered, or who may suffer, loss or damage due to a breach
of a duty imposed on a procuring entity by the Act, including
any subsidiary legislation, may complain in accordance with
the provisions of this Part.
(2) Notwithstanding the provisions of paragraph
(1), a supplier or contractor is not permitted to complain
against a decision taken by the Cabinet under section 54 of the
Act.
(3) The following shall not constitute valid
grounds for a complaint—
(a) a refusal by a procuring entity to
short-list an applicant in response to
an Expression of Interest under
section 44 of the Act;
(b) a decision by a procuring entity to
reject all tenders, proposals or
quotations under section 40 of the
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Complaints to
the procuring
Entity.
Act.
(4) If the procurement proceedings have not led to
an effective contract, the complainant shall—
(a) in the first instance, submit its
complaint for consideration by the
procuring entity in accordance with
regulation 11; and
(b) where the complainant is dissatisfied
with the entity's response to the
complaint, or fails to receive a
response from the entity within the
time limit mentioned under
regulation 11, paragraph (1), the
complainant may complain to the Bid
Protest Committee in accordance with
the procedure set out in regulation 12.
(5) If the procurement proceedings have already
led to an effective contract, the complainant may complain
directly to the Bid Protest Committee in accordance with the
procedure set out in regulation 12.
(6) Complaints under paragraphs 4(a) and 5
shall be submitted within seven working days of when
the complainant became aware of the circumstances giving
rise to the complaint or when it should have become aware of
those circumstances, whichever is earlier.
11. (1) Whenever a complaint is submitted to a
procuring entity, the entity shall consider the subject matter of
the complaint and decide whether to reject the complaint or to
implement any corrective action in order to bring the
procurement proceedings in conformity with the Act. Within
five working days of receipt of the complaint, the
procuring entity shall issue a written decision to the
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Bid Protest
Committee.
Procedure for
review by the
Bid Protest
Committee.
complainant, stating the reasons for the rejection of the
complaint or advising on the corrective action that has been
taken.
(2) If the complainant is not satisfied with the
decision of the procuring entity, or if the procuring entity fails
to issue its decision within the period stated in paragraph (1),
and the complainant wishes to pursue its complaint, it must
within three working days seek review by the Bid Protest
Committee in accordance with the procedure set out in
regulation 13.
12. (1) The Administration shall establish a Bid
Protest Committee to deal with alleged breaches of the
Act by procuring entities.
(2) The Bid Protest Committee shall consist of three
persons nominated in accordance with section 53(4) of
the Act. The Administration may request the nomination of
one or more personal deputies for each member of the Bid
Protest Committee. The member nominated by the Attorney
General shall act as Chairperson of the Committee.
13. (1) If a supplier or contractor wishes to seek
review by the Bid Protest Committee of any decision, act or
omission by a procuring entity, it shall submit its complaint in
writing to the Administration within the period stated in
regulation 11, paragraph (2).
(2) The complaint shall be accompanied by the
registration fee determined by the Administration and
published on the Website.
(3) A copy of the complaint shall be sent
simultaneously by the complainant to the procuring entity
concerned.
(4) The complaint shall contain—
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(a) an identification of the procuring
entity and the procurement
proceedings against which the
complaint is directed;
(b) a succinct description concerning the
alleged breach by the procuring entity
of the Act and the remedy sought
from the Bid Protest Committee; and
(c) a statement verifying that the
registration fee required according to
paragraph (2) has been deposited
with the Administration and that a
copy of the complaint has been sent to
the procuring entity.
(5) Upon receipt of the complaint and the
registration fee, the Administration shall pass over the
complaint to the Chairperson of the Bid Protest Committee.
At the same time, the Administration shall advise the
complainant and the procuring entity concerned of the action
it has taken.
(6) Promptly after receiving the complaint, the
Chairperson of the Bid Protest Committee shall cause the
Committee to meet. The Bid Protest Committee shall conduct
its review proceedings in accordance with these Regulations
and with such detailed procedural rules as the Committee
decides in the interest of giving a fair hearing to parties
concerned, while at the same time observing the need for
urgency referred to in paragraph (8).
(7) Unless it dismisses the complaint as being
frivolous, in which case the complainant may lose the
registration fee, the Bid Protest Committee may grant any of
the following remedies—

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(a) reject the complaint, stating its
reasons and advising the procuring
entity to continue with the
procurement process;
(b) state the rules or principles that
govern the subject matter of the
complaint and instruct both parties to
act accordingly;
(c) prohibit the procuring entity from
acting or deciding unlawfully or from
following an unlawful procedure;
(d) annul in whole or in part an unlawful
act or decision by the procuring
entity, other than any act or decision
bringing the procurement contract
into force;
(e) order the procuring entity to
compensate the complainant for any
reasonable costs incurred by the
complainant as a result of an unlawful
act or decision of, or procedure
followed by, the procuring entity;
(f) order that the procurement
proceedings be terminated.
(8) The Bid Protest Committee shall proceed
urgently with the review of the complaint and shall make
every effort to reach its award decision within ten working
days from receipt of the complaint. The award of the
Committee shall be communicated in writing to the
complainant, copied to the Administration and the procuring
entity, stating the reasons for the decision and any remedies
granted.
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Suspension of
procurement
proceedings.
(9) The award of the Bid Protest Committee shall
not be open to administrative review.
(10) Once the complaint has been finally dealt with
by the Bid Protest Committee, the complaint and the award
shall be promptly made available by the Administration for
inspection to the general public, provided, however, that no
information shall be disclosed if its disclosure would be
contrary to law, would impede law enforcement, would not
be in the public interest, would prejudice legitimate
commercial interests of the parties or would inhibit fair
competition.
14. (1) The timely submission of a complaint under
regulation 11 suspends the procurement proceedings until
such time as either—
(a) the complaint is settled amicably
between the complainant and the
procuring entity concerned;
(b) the complainant fails to submit its
complaint to the Bid Protest
Committee within the time period stated in regulation 11, paragraph (2);

(c) the complaint is dismissed or rejected
by the Bid Protest Committee;
(d) the decision of the Bid Protest
Committee has been announced and
the procuring entity has taken any
corrective action ordered by the Bid
Protest Committee;
(e) the Bid Protest Committee decides
for some other reason to lift the
suspension.
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Support
provided by
the admini-
stration to the
Bid Protest
Committee.
regs. 5 and 7
(2) Upon the Administration receiving a complaint
from a complainant seeking review by the Bid Protest
Committee, and the Administration having been satisfied that
the fee has been properly provided, the Administration
shall remind the procuring entity to continue the
suspension until it may be lifted on any of the grounds set out
in paragraph (1).
(3) The suspension provided for by paragraph (1)
shall not apply if a procuring entity certifies that public
interest considerations require the procurement to proceed.
The certification, which shall state the grounds for the finding
that such considerations exist and which shall be made a part
of the record of the procurement proceedings, is not open to
complaint and review in accordance with the provisions of
this Part.
(4) Any decision by a procuring entity or by the
Bid Protest Committee in response to a complaint, and the
grounds and circumstances thereof, shall be made part of the
record of the procurement proceedings.
15. The Administration shall not be involved in the
resolution a complaint but shall provide logistic support
to the Bid Protest Committee in the discharge of its
functions.
SCHEDULE 1
THRESHOLDS FOR REVIEW BY TENDER BOARDS
Procuring entities shall submit award
recommendations for review by the various Tender Boards
with respect to contracts of the following types and values—

LAWS OF GUYANA
66 Cap. 73.05 Procurement
[Subsidiary] Procurement Regulations
L.R.O. 1/2012
.
Type of Board Type of Contract Contract value (in
G $m)
(a) Natural All types All contracts
exceeding the
maximum for other
boards
(b) Regional Goods and services
(other than
consulting)
0.25– 6.0
Construction 0.6– 9.0
Consulting Services 0.4– 0.5
(c) Ministerial/
Department/
Agency
Goods and services
(other than
consulting)
0.25– 0.6
Construction 0.6– 1.0
Consulting services 0.4– 0.5
(d) Ministry of
Public Works and
Communication
Goods and services
(other than
consulting)
1.0– 4.0
Construction 1.0– 8.0
Consulting services 1.0– 3.0
(e) Ministry of
Agriculture
Goods and services
(other than
consulting)
1.0– 4.0
Construction 1.0– 8.0
Consulting services 1.0– 3.0
LAWS OF GUYANA
Procurement Cap. 73.05 67
[Subsidiary] Procurement Regulations
L.R.O. 1/2012
regs. 5 and 7
Contract award decisions below the stated values are the
responsibility of the procuring entity and shall be taken in the
manner determined by the Head of the Procuring Entity.
SCHEDULE 2
EXCEPTIONS TO OPEN TENDERING
1. The threshold foreseen in section 26(1 )(b) of the Act
for use of the restricted tendering method of procurement
shall be $1,000,000. in the case of contracts for goods and
services (other than consulting services) and $5,000,000. in the
case of contracts for construction.
2. The threshold foreseen in section 27(1) of the Act
for use of the request for quotations method of procurement
shall be $800,000.
3. The threshold foreseen in section 29 of the Act for
use of the community based method of procurement shall be
$1,500,000.
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