Central Tenders Board

Link to law: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/71.91.pdf

71.91
L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–20 ..
21–24 ..
25–30 ..
31–46 ..
47–48 ..


CENTRAL TENDERS BOARD ACT
CHAPTER 71:91

Act
22 of 1961
Amended by

*See Note on page 2

22 of 1987
11 of 1988
39 of 1991
4 of 1992
45/1992
108/1992
*3 of 1993
5 of 2004
17 of 2007
*13 of 2010

93/1965
18 of 1965
70/1973
173/1974
36 of 1979
*45 of 1979
*31 of 1980
51/1980
98/1982

22 of 1983
*2 of 1984

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Index of Subsidiary Legislation

Page
Central Tenders Board Regulations (GN 137/1965) … … … 25
Central Tenders Board (Defence Force and Protective Services) (No. 2) Order
(LN 89/1992) … … … … … … … 34

Central Tenders Board (SECT International) (Exclusion) Order (LN 45/1982) 45
Central Tenders Board (Functions and Duties) Order (LN 179/1997) … 46
Central Tenders Board (Contracts for the Lease of Computers and Computer
Equipment) Order (LN 52/2002) … … … … … 47

Note on the Ordinance before it was Revised
A. INCREASE IN FINES — See Act No. 47 of 1979 which increased the fines in

the Ordinance in accordance with paragraph 1(b), (c) and (d) of the Second Schedule to
Act No. 44 of 1979.
B. INCREASE IN MONETARY SUMS — See LN 51/1980 (Pages 551 to 552) for

increases in monetary sums.

Note on Act No. 45 of 1979
See sections 6 and 7 of Act No. 45 of 1979.

Note on Act No. 31 of 1980
The Central Tenders Board Ordinance (No. 22 of 1961) (hereinafter referred to as the
“Ordinance”) came into operation on January 1, 1965 by GN 111/1964.
The Ordinance was re-enacted and validated by Act No. 31 of 1980 in order to bring it in
conformity with the Trinidad and Tobago Constitution set out in the Second Schedule to the
Trinidad and Tobago (Constitution) Order-in-Council, 1962, and thereafter with the Constitution.

Note on Act No. 2 of 1984
NON-APPLICATION OF ACT — The Act does not apply to the Trinidad and Tobago
Export Development Corporation. (See section 24 of Act No. 2 of 1984).

Note on Act No. 3 of 1993
See section 5 of Act No. 3 of 1993 for the validation of all contracts made by the National
Insurance Property Development Company Limited acting on its own behalf.

Note on Act No. 13 of 2010
Amendments made to sections 19(1) and 27B by Act No. 13 of 2010 took effect from
30th July 2009.

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CHAPTER 71:91

CENTRAL TENDERS BOARD ACT
ARRANGEMENT OF SECTIONS

SECTION

1. Short title.

PRELIMINARY
2. Interpretation.
3. Application.

PART I

ESTABLISHMENT, FUNCTIONS AND PROCEDURE
OF THE BOARD

4. Establishment of Board.
5. Composition of Board.
6. Officers of the Board.
7. Tenure of office.
8. Payment of remuneration to members of the Board and of the

Committees.
9. Filling of vacancies of the membership of the Board.
10. Leave of absence of members of the Board.
Acting appointments.
11. Chairman to preside over meetings.
12. Meetings of the Board.
13. Quorum.
14. Decisions of the Board.
15. Method of recording decisions of the Board.
16. Establishment of Committees of the Board.
Duties and powers of Sub-Committees.
17. Meetings of Committees.
18. Quorum.
Decisions of Committees.
19. Financial limits of Committee.

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ARRANGEMENT OF SECTIONS—Continued
SECTION

20. Request for invitation of officers to be in writing.
20A. Government may act on its own behalf.
21. Offers to be placed in specially constructed and designed boxes.
22. Opening of Tenders Boxes.
23. Board may require deposit.
23A. Tax Clearance Certificate Fee.
24. Board to accept best offer.
25. Board to notify acceptance of offers.
26. Formal contract to be entered into.
27. Power of Board to require security.

PART II

APPOINTMENT OF CONSULTANTS
27A. Interpretation.
27B. Additional functions of the Board.
27C. Board to keep register.
27D. Procedure for appointing consultants.
27E. Fees.
27F. Monthly reports.
28. Disposal of surplus or unserviceable stores.
29. Custody and control of surplus and unserviceable articles.
30. Power of Board to consult officers and members of the public.
31. Offences.
32. Information to be confidential.
33. General or special directions of the Minister.
34. No personal liability shall attach to the Board.
35. Regulations.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
FOURTH SCHEDULE.

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22 of 1961.

Commencement.
[111/1964].
Short title.

Interpretation.
[18 of 1965
36 of 1979
22 of 1987
3 of 1993
17 of 2007].

Ch. 25:03.

CHAPTER 71:91

CENTRAL TENDERS BOARD ACT
An Act to provide for the establishment of a Central Tenders

Board for the Government of Trinidad and Tobago and
certain Statutory Bodies and for matters incidental
thereto.

[ 1ST JANUARY 1965]
1. This Act may be cited as the Central Tenders Board Act.

PRELIMINARY
2. In this Act—
“articles” means all goods, materials, stores, vehicles, machinery,

equipment and things of all kinds;
“Board” means the Central Tenders Board established under

section 4 of this Act;
“Chief Administrator” means the person holding or acting in the

office established under section 71 of the Tobago House of
Assembly Act;

“Committee” means a Committee of the Board established under
section 16 of this Act;

“company” includes a firm, a partnership or a statutory corporation;
“ex officio members” means the Chairman, Deputy Chairman and

such other public officers as may be appointed to the Board;
“Government” means the Government of Trinidad and Tobago;
“Minister” means the Minister to whom responsibility for the

Central Tenders Board is assigned;
“public officer” means the holder of any public office and

includes any person appointed to act in any such office;
“project” includes any works or undertakings;
“public service” has the meaning assigned to it by section 3 of the

Constitution;
“relative” means the father, mother, brother, sister, son or

daughter of a person and includes the spouse of a son or a
daughter of such person;

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Ch. 1:01.

Application.
First Schedule.

Establishment
of Board.
[36 of 1979].

Composition of
Board.
[18 of 1965].

“statutory body” means any municipality, municipal council,
board, commission or similar body corporate established
and incorporated by an Act;

“Tobago House of Assembly” means the Tobago House of Assembly
established under section 141A of the Constitution;

“works” means buildings and engineering works of all kinds.
3. (1) This Act applies to such of the statutory bodies as
are set out in the First Schedule to this Act notwithstanding any
general or special power or authority vested in such statutory
body either by Act or by virtue of its incorporation.
(2) The President may, by Order published in the
Gazette, amend the First Schedule to this Act by adding thereto
or deleting therefrom a statutory body.

PART I
ESTABLISHMENT, FUNCTIONS AND PROCEDURE

OF THE BOARD
4. (1) There is hereby established a Central Tenders Board
which save as is provided in section 20A and in section 35 of this
Act shall have the sole and exclusive authority in accordance
with this Act—
(a) to act for, in the name and on behalf of the

Government and the statutory bodies to which
this Act applies, in inviting, considering and
accepting or rejecting offers for the supply of
articles or for the undertaking of works or any
services in connection therewith, necessary for
carrying out the functions of the Government or
any of the statutory bodies;

(b) to dispose of surplus or unserviceable articles
belonging to the Government or any of the
statutory bodies.

(2) The Board shall have such other functions and duties
as the President may by order prescribe from time to time.
5. (1) The Board shall be composed of eight members
consisting of—
(a) at least five public officers appointed by the

President, and

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Officers of the
Board.

Tenure of office.

Payment of
remuneration to
members of the
Board and of
Committees.
[18 of 1965].

(b) such other members at large to be appointed by
the President as may be necessary to fill up the
membership of the Board.

(2) The President shall appoint two of the ex officio
members of the Board, other than the Treasury Solicitor, to hold
the offices of Director of Contracts and Deputy Director of
Contracts respectively.
(3) The Director of Contracts shall be the Chairman and
the Deputy Director of Contracts shall be the Deputy Chairman
of the Board.
6. The President may appoint such officers and other staff
as may be deemed necessary for the proper carrying out of the
provisions of this Act.
7. (1) Subject to subsection (2), members of the Board
other than the ex officio members shall hold office during the
President’s pleasure.
(2) A member of the Board, other than an ex officio
member, vacates his office—
(a) automatically after he has held it for two years;
(b) by written notice of resignation addressed by

him to the President;
(c) if he departs from Trinidad and Tobago for a

period of thirty days without the leave of the
President or remains out of the Territory after
the expiration of his leave without the special
permission of the President;

(d) if he fails without reasonable excuse (the
sufficiency whereof shall be determined by the
President) to attend three consecutive regular
meetings of the Board.

(3) A member of the Board who has vacated his office
shall be eligible for reappointment.
8. The President may direct that such remuneration as he
may determine shall be paid—
(a) to members of the Board other than the

ex officio members thereof;

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Filling of
vacancies of the
membership of
the Board.

Leave of
absence of
members of the
Board.
Acting
appointments.

Chairman to
preside over
meetings.

Meetings of the
Board.
[18 of 1965].

(b) to members of any Committee other than
ex officio members and employees thereof or
employees or members of boards of
management of statutory bodies in respect of
which such Committees are established.

9. Where, by reason of death, illness, absence, resignation
or otherwise of a member other than an ex officio member, a
vacancy occurs in the membership of the Board, the President
shall appoint some other person to be a member of the Board for
the unexpired term of the member whose office so becomes
vacant; but so long as a quorum is present at any meeting, the
Board shall be deemed to be duly constituted notwithstanding
any vacancy in the membership of the Board.

10. (1) The President may grant leave of absence to any
member of the Board other than the ex officio members.
(2) Except in the case of ex officio members the
President may appoint a person in the place of any member of the
Board who is temporarily absent from the Territory or unable to
perform his duties by reason of illness or other cause.

11. (1) Meetings of the Board shall be presided over by the
Chairman.
(2) The Deputy Chairman shall, in the absence or
inability of the Chairman, perform all the functions and duties of
the Chairman, and shall perform such other functions and duties
as may be required of him by the Board.

12. (1) The Board shall meet as often as may be necessary
or expedient for transacting its business but at least once in every
month.
(2) Except in such cases as may be determined by the
Chairman, notices of meetings together with agendas shall be
circulated to members at least forty-eight hours before the time
fixed for such meetings.

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Quorum.

Decisions of the
Board.

(3) A member of the Board, who is a member of a
company or other body, or is a partner or is in the employment of
a person or a company or other body, or is married to or who is
or whose husband or wife is a relative of, a person who has
submitted an offer for the supply of articles or for the
undertaking of works or any services in connection therewith
which is the subject of consideration by the Board, shall disclose
the fact and shall not take part in the consideration or discussion
of, or vote on any question relating to such offer.
(3A) If any person fails to comply with the provisions of
subsection (3), he is guilty of an offence and liable on summary
conviction to a fine of five hundred dollars, unless he proves that
he did not know that an offer for the supply of articles or for the
undertaking of works or any services in connection therewith
was the subject of consideration at the meeting.
(4) Minutes of each meeting in proper form shall be
kept by the Board and shall be confirmed by the Board and
certified by the Chairman at the next succeeding meeting.
(5) Copies of such minutes certified by the Chairman
shall be forwarded to the Minister.
(6) The Board shall furnish the Minister with all
information or documents which the Minister may from time to
time require.

13. At any meeting of the Board or for the purpose of voting
on papers circulated four members shall constitute a quorum.

14. (1) Decisions of the Board shall be taken at meetings or,
in cases where the Chairman shall so direct, by the circulation of
papers among the members.
(2) Where papers are circulated among the members,
the Chairman may direct that the papers shall not be circulated to
any member, who through illness, interest, absence from the
Territory or otherwise, is in the opinion of the Chairman,
incapacitated from voting.

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Method of
recording
decisions of
Board.

Establishment
of Committees
of the Board.

Duties and
Powers of
Sub-Committees.

Meetings of
Committees.

Quorum.

(3) The decisions of the Board shall be by a majority of
votes and for that purpose the Chairman shall have both an
original and a casting vote.
15. Any document purporting to record a decision of the Board
and signed by the Chairman and any Notification in the Gazette
purporting to record a decision of the Board, are admissible in
evidence as prima facie proof of the decision recorded.
16. (1) There shall be established for every statutory body to
which this Act applies a Committee of the Board consisting of an
ex officio member as Chairman and four other persons appointed
by the Minister, two of such persons being nominated by the
statutory body in respect of which the Committee is established.
(2) Any Committee so established shall consider offers
for the supply of articles or the undertaking of works or services
of all kinds that are made to the statutory body in respect of which
the Committee is established and shall make recommendations to
the Board for its acceptance or rejection of such offers.
(3) Subject to section 19, the Board may accept or reject
any such recommendations made by a Committee or make its
own decision and shall notify its decision to the statutory body in
respect of which the Committee is established.
17. (1) Each committee shall meet as often as is necessary
or expedient for the transacting of its business.
(2) Section 12(2) and (3) shall apply mutatis mutandis to
meetings of Committees.
(3) Minutes of each meeting in proper form shall be kept
by its Chairman and shall be confirmed by the Committee at the
next succeeding meeting.
(4) Copies of such minutes certified by the Chairman
shall be forwarded to the Board who shall forward copies thereof
to the Minister.

18. (1) At any meeting of a Committee or for the purpose of
voting on papers circulated three members shall constitute a
quorum.

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Decisions of
Committees.

Financial limits
of Committee.
[22 of 1983
5 of 2004
13 of 2010].

Request for
invitation of
offers to be
in writing.
[18 of 1965
22 of 1987].

(2) The provisions of section 14 relating to decisions of
the Board apply to Committees thereof.

19. (1) A Committee may act for the Board where the value
of the articles to be supplied or the works and services to be
undertaken does not exceed one million dollars; but no
Committee shall, for the purpose of purporting to give itself
authority to act under this provision, sub-divide the quantity of
articles to be supplied or works and services to be undertaken into
two or more portions so that the value of the portions is one
million dollars or less.
(2) Where the decision of a Committee on which an
authority has been conferred under this section is unanimous, the
Committee may exercise all the powers of the Board in respect of
the matter being dealt with, but if the decision of the Committee
is not unanimous the matter shall be referred, with the
recommendation of the Committee, to the Board for decision.

20. (1) Subject to section 19, whenever articles or works or
any services in connection therewith are required to be supplied
to or undertaken on behalf of the Government or a statutory body
to which this Act applies, the Government or such statutory body
shall make written request to the Board to invite on its behalf
offers for the supply of those articles or for the undertaking of the
works or services in connection therewith.
(2) The request referred to in subsection (1) shall
contain a sufficient description of the articles, works or services
to be supplied or undertaken.
(3) On the receipt of any such request, the Board
shall either—
(a) invite members of the public in general to make

offers for the supply of such articles or for the
undertaking of such works or services, as the
case may be, by Notice published in the Gazette
and in local or overseas newspapers, or

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Government
may act on its
own behalf.
[36 of 1979
22 of 1987
39 of 1991
3 of 1993].

(b) subject to the approval of the Minister, invite
such bodies or persons as may be selected by the
Board to make offers for the supply of such
articles or for the undertaking of such works or
services, as the case may be, whenever the Board
considers it expedient or desirable so to do.

(4) The Notice shall contain—
(a) a sufficient description of the articles required or

of the works or services to be undertaken and
shall whenever necessary also contain the place
where and the time when additional information
relating thereto can be obtained;

(b) the form or manner in which an offer is to
be made;

(c) the date and time within which an offer is to
be made;

(d) the place where and the manner in which the
offer is to be submitted; and

(e) the date and time for the opening of the offers.

20A. (1) Notwithstanding the provisions of section 20(1), the
Government may act on its own behalf where—
(a) as a result of an agreement for technical or other

co-operation between it and the Government of
a foreign State, the latter designates a company
to supply the articles or to undertake the works
or any services in connection therewith;

(b) the articles or works or any services in
connection therewith are to be supplied or
undertaken by a company which is wholly
owned or controlled by a foreign State;

(c) it enters into a contract with the National
Insurance Property Development Company
Limited or a company which is wholly owned
by the State, for the supply of articles or for
the undertaking of works or services in
connection therewith;

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Third Schedule.

Ch. 14:01.

Fourth
Schedule.

Third Schedule.

Third and
Fourth
Schedules.

(d) it enters into a contract with a company for the
purchase of books for official purposes;

(e) as a result of the occurrence or anticipation of
flooding, hurricane, landslide, earthquake or
other natural disasters, the Minister is of the
opinion that an emergency situation has arisen
in any part of Trinidad and Tobago, the
abatement, prevention or alleviation of which
necessitates the obtaining of articles or the
undertaking of immediate works or services by
the Government; or

(f) items and services listed in the Third Schedule
are approved by the Minister as being required
for the purposes of the Trinidad and Tobago
Defence Force or for the protective services.

(2) The President may by Order published in the Gazette
exclude from the provisions of the Act any company which,
having successfully undertaken one phase of the project, has
expressed a desire, and is able financially and otherwise to
complete the project or any other phase thereof.
(2A) For the purposes of subsection (1)(f)—
(a) “Trinidad and Tobago Defence Force” means

the body of military forces established by
section 5 of the Defence Act; and

(b) “protective services” means the services listed
in the Fourth Schedule.

(2B) The President may by Order—
(a) make Rules governing the award of contracts

for items and services referred to in the Third
Schedule; and

(b) amend the Third and Fourth Schedules.
(2C) Regulations made by the National Insurance Property
Development Company Limited with respect to the inviting,
considering and accepting or rejecting of offers for the supply of articles
or for the undertaking of works or services in connection therewith, in
relation to contracts entered into with the Government, shall be laid
in Parliament and be subject to negative resolution of Parliament.

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Offers to be
placed in
specially
constructed and
designed boxes.

Opening of
Tenders Boxes.
[22 of 1987].

Board may
require deposit.
[18 of 1965].

(3) The provisions of the Act shall not apply where the
Government exercises the power conferred on it by subsection (1).
(4) Where the Government acts in pursuance of
subsection (1)(e), the Minister shall report the matter to Parliament
within thirty days of the Government taking the decision so to act
or at the first sitting thereafter, and shall cause a report of the
expenditure incurred in completion of the work necessary for the
abatement, prevention and alleviation of the emergency, to be laid
in Parliament within thirty days of such completion.

21. (1) The Board shall keep at its office and in such other
places as in the opinion of the Chairman is necessary, specially
constructed boxes in which all offers shall be placed.
(2) Each box shall bear the inscription “Tenders Box”
and shall have two independent locks. The key for one lock shall
be kept by the Chairman of the Board or of the Committee as the
case may be and the key for the other lock shall be kept by such
other member of the Board or Committee as the Board may direct.

22. (1) On the date and at the time fixed for the opening of
offers, the Chairman and one other member of the Board or
committee shall unlock the box and open the offers found therein
and every person who made an offer shall be entitled to be
present either personally or through a duly authorised
representative at the opening of the Tenders Box.
(2) The Chairman and such other member of the Board
or committee shall initial the offers so found and shall cause a
note to be taken of the number of offers found and opened, the
names of the persons making the offers and such further
information as the Board or Committee may direct.

23. (1) The Board may require any person who is desirous
of making an offer to deposit with the Treasury a sum in an
amount to be fixed by the Board before any offer is made.
(2) The Board may forfeit any sum so deposited if—
(a) any person making the deposit fails to make

an offer;

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Tax Clearance
Certificate Fee.
[11 of 1988
4 of 1992].
Ch. 75:01.
Ch. 75:06.

Board to accept
best offer.
[5 of 2004].

Board to notify
acceptance of
offers.
[18 of 1965].

(b) any person whose offer is accepted fails or
refuses to enter into a formal contract;

(c) any person to whom a contract is awarded fails
to execute and fulfil the terms thereof;

(d) any person makes an offer after the date and
time within which an offer is to be made in
accordance with the notice published in
pursuance of section 20(3); or

(e) any person having made an offer withdraws
the same.

(3) After a contract is awarded the Board shall arrange
for the refund of any deposits to persons whose offers have not
been accepted.

23A. The Board shall not accept any tender unless it is
accompanied by a Tax Clearance Certificate and a Clearance
Certificate issued under the Income Tax Act and the Value
Added Tax Act, respectively and obtained from the Board of
Inland Revenue.

24. (1) After the offers have been opened the Board or a
Committee shall, at such time or times as may be deemed
necessary or expedient, consider the offers so received and,
except for good reason, the sufficiency whereof is in the
discretion of the Board or the Committee, shall accept the lowest
offer which represents the best value.
(2) The Board is not bound to accept the lowest or any offer.

25. (1) Where an offer has been accepted—
(a) the person who has submitted the offer shall be

notified by the Board of its acceptance, and the
Board shall, whenever it deems it necessary so
to do, inform him that he is required to enter into
a formal contract with the Government or
statutory body, as the case may be, at whose
request offers were invited; and

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Formal contract
to be entered
into.

Power of Board
to require
security.
[18 of 1965].

Interpretation.
[36 of 1979].

(b) the Government or the statutory body on whose
behalf offers were invited, shall be notified by
the Board of the Board’s acceptance of the offer.

(2) The notification referred to in subsection (1) is to be
in writing and signed by the Chairman or, in his absence, by the
Deputy Chairman.
26. (1) Where an offer has been accepted by the Board or a
committee acting for and on behalf of the Board, the Government
or the statutory body at whose request the invitation to offer was
issued and the person whose offer has been accepted shall enter
into a formal contract for the supply of the articles or the
undertaking of the works or services, as the case may be.
(2) A formal contract shall be in such form, and contain
such terms, conditions and provisions, as the Board may determine.
(3) The Board shall publish in the Gazette the name of
the person or body to whom the contract is awarded, the amount
of the tender and the date on which the award was made.
27. The Board may require every person to whom any
contract is awarded to provide security in such form and to such
extent as the Board may determine.

PART II

APPOINTMENT OF CONSULTANTS
27A. In this Part—
“consultant” means a person who, in the opinion of the Board is

qualified to be registered for a project and includes such
person who is an architectural or engineering consultant, a
quantity surveyor, a marketing consultant or a technical or
managerial consultant;

“project” means any proposals for the supply of articles or for the
undertaking of works or for the operation of any enterprise
and any services in connection therewith, necessary for
carrying out functions, including the operation of any
enteprise of the Government or of any of the statutory
bodies to which the Act applies;

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UPDATED TO DECEMBER 31ST 2014

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L.R.O.

Additional
functions of the
Board.
[36 of 1979
5 of 2004
17 of 2007
13 of 2010].

Board to keep
register.
[36 of 1979].

“register” means the register kept by the Board under
section 27C;

“registered consultant” means a consultant registered in the
register.

27B. (1) For the purpose of this Act the Board shall have,
subject to subsection (2), the sole and exclusive authority to act
for, in the name and on behalf of, the Government and the
statutory bodies to which the Act applies in appointing
consultants in connection with any project.
(2) Registered consultants may be appointed in
accordance with this Part—
(a) by a Permanent Secretary or the Chief

Administrator of the Tobago House of Assembly
where the amount of fees payable to the
consultant does not exceed five hundred
thousand dollars; or

(b) by a Tenders Committee where the amount of
fees payable to the consultant does not exceed
two million dollars.

(3) Nothing in sections 20 to 27 shall apply where the
Board exercises the functions conferred on it by this Part.
27C. (1) The Board shall keep a register of each category of
consultants in accordance with the section.
(2) The Board shall publish annually in the Gazette and
in at least one daily newspaper circulating in Trinidad and
Tobago an invitation to practising consultants to register with the
Board for the purpose of negotiating their appointment as
consultants in connection with any project.
(3) A person may at any time apply to the Board to be
registered as a consultant but nothing in this Part shall be
construed as being mandatory for the Board to register any
consultant and the Board shall not register a consultant where it
is satisfied that it is not in the public interest so to do.
(4) An application for registration shall contain such
particulars as the Board may from time to time require.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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18 Chap. 71:91 Central Tenders Board

LAWS OF TRINIDAD AND TOBAGO

Procedure for
appointing
consultants.
[36 of 1979].

Fees.
[36 of 1979].

Monthly reports.
[36 of 1979
3 of 1993].

27D. (1) After considering the particulars of the registered
consultants, their existing workload, their other commitments
and such other information that it considers necessary, the Board
shall invite offers on any project from at least three of the
consultants in the required category; the offers shall contain such
details as the Board may specify.
(2) Where the number of registered consultants in the
required category is less than three, the Board shall invite offers
from all those consultants and where there is no such consultant
the Board shall invite offer, publicly and privately, from any
consultant.
(3) Notwithstanding the provisions of subsection (1),
the Board may, where it is satisfied that a project requires special
expertise and experience not fully possessed by a registered
consultant, invite offers, publicly and privately, on such project
from any consultant.
(4) The Board shall consider the offers submitted
pursuant to its invitation and may interview any of the
consultants submitting such offers and may negotiate fees and
other remuneration to be paid to them.
(5) Upon completion of its considerations, interviews
and negotiations the Board shall appoint the consultant for the
project in respect of which the invitation was issued.
27E. (1) Fees payable to consultants may be negotiated at a
fixed price or in accordance with the scale of fees drawn up by a
recognised association, if any, for the particular category of
consultant or on such other basis as the Board may determine.
(2) In negotiating the fees payable to a consultant on any
project the Board may require that the fees should be based on a
consolidated fee structure which would take into account
consultancy fees payable in respect of all consultancy services
rendered in the project.

27F. The Board shall submit monthly to the Minister a written
report on the appointment of consultants and shall cause the
report to be published in the Gazette.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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L.R.O.

Disposal of
surplus or
unserviceable
stores.
[51/1980].

Custody and
control of
surplus and
unserviceable
articles.

Power of Board
to consult
officers and
members of the
public.

28. (1) Whenever the Government or a statutory body to
which this Act applies determines that any article which is the
property of the Government or such statutory body and which was
originally valued at more than one thousand dollars is
unserviceable or is surplus to the requirements of the Government
or such statutory body, the Government or the statutory body
concerned shall report to the Board to this effect.
(2) The report shall contain a full description of the
articles, the quantity thereof and the places where the articles
are stored.
(3) The Government or the statutory body shall continue
to be responsible for the surplus or unserviceable articles until it
surrenders the custody or control thereof to the Board.

29. (1) On the receipt by the Board of a report under
section 28(1), the Board may in its discretion assume the
custody and control of the surplus and unserviceable articles.
(2) The Board shall sell and dispose of the articles by
public auction or may adopt such other method of disposal as the
Board may consider proper and desirable.
(3) A member of the Board or such officer of the Board
as may be nominated by the Chairman shall attend every such
sale and report to the Board the result thereof.
(4) The Board shall make arrangements for the deposit
of the proceeds of such sale less all expenses incurred as a result
thereof with the Comptroller of Accounts for the account of the
Government or the statutory body concerned, as the case may be.

30. (1) In the exercise of the authority vested in it under this
Act, the Board or a committee may—
(a) consult with any officer or officers of the

Government or of a statutory body to which this
Act applies or such other person or persons as
the Board in its discretion may consider proper
and desirable;

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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20 Chap. 71:91 Central Tenders Board

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Offences.

Information to
be confidential.

(b) request that the services of any officer of the
Government or of a statutory body to which this
Act applies be made available to the Board with
respect to any of the functions and duties of the
Board, and the Government (or the statutory
body, as the case may be) shall comply with any
such request;

(c) require any person who has made an offer to the
Board to attend a meeting of the Board and
furnish the Board within a specified time with
such information with respect to that person’s
finance, equipment or professional or technical
qualification as the Board may require; or any
other information that in the opinion of the
Board is necessary for the proper assessment of
the offer and the offerer’s capacity to execute
the same; and

(d) make inspections and arrange for the Chairman,
another member or an officer of the Board, to
make an inspection wherever the Board
considers it desirable so to do.

(2) The services referred to in subsection (1)(b) include
the attendance at meetings, the giving of advice and the making
of reports to the Board.

31. Any person requested by the Board or a Committee to
furnish to the Board or a Committee any information by virtue of
section 30(1)(c)who wilfully furnishes the Board or a Committee
with information that is false, is guilty of an offence and is liable
upon summary conviction to imprisonment for a period not
exceeding one year or to a fine not exceeding five hundred
dollars or to both such imprisonment and such fine.

32. (1) Every person having an official duty or being
employed in the administration of this Act shall regard and deal
with all documents and information relating to the functions of
the Board as confidential.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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L.R.O.

General or
special
directions of the
Minister.

No personal
liability shall
attach to the
Board.

Regulations.
[18 of 1965].

(2) Save as is provided in section 12(6) every person having
possession of or control over any document or information relating to
the functions of the Board, who at any time communicates or attempts
to communicate any information contained in such documents, to any
person other than a member of the Board, is guilty of an offence and is
liable upon summary conviction to imprisonment for a period not
exceeding one year or to a fine not exceeding five hundred dollars or to
both such imprisonment and such fine; but this provision does not apply
so as to make any such person guilty of an offence where he discloses
any such information in the course of his official duties.
(3) Any person whether he has made an offer or not who,
with the intention of gaining any advantage or concession for himself
or any other person, offers any member of the Board or a Committee
or any officer thereof a gift of money or other thing or approaches any
member of the Board, Committee or any officer thereof with respect to
any matter that is before the Board or a committee or that is expected
to come before the Board or Committee is, in addition to being
disqualified from being awarded a contract, guilty of an offence and is
liable on summary conviction to a fine of five hundred dollars or to
imprisonment for one year or to both such fine and such imprisonment.
33. In the exercise of its powers and the performance of its
duties, the Board shall conform with any general or special
directions given to it by the Minister.
34. No member of the Board or of any Committee is personally
liable for any act or omission of the Board or Committee done or
omitted in good faith in the course of the operations of the Board or
Committee; and any sums of money, damages or costs that are
recovered against the Board or any Committee for anything done or
omitted as aforesaid shall be paid out of the funds of the Territory.
35. (1) The President may make such Regulations as may
appear to him to be necessary or expedient for the proper carrying
out of the intent and provisions of this Act and, without limiting
the generality of the foregoing, may make Regulations—
(a) prescribing the procedure to be adopted by the

Board in the exercise of the authority vested in
it by this Act;

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

22 Chap. 71:91 Central Tenders Board

LAWS OF TRINIDAD AND TOBAGO

(b) prescribing the forms to be used in making offers;
(c) prescribing the periods for which

advertisements should be published and fixing
the responsibility for the cost thereof;

(d) prescribing the forms of contract to be used;
(e) prescribing the financial limits within which

contracts may be awarded by public officers and
officers of statutory bodies and the limit of the
value of articles which may be purchased by
such officers without inviting tenders;

(f) prescribing the procedure to be adopted in
disposing of unserviceable articles or surplus stores
and the limits within which they can be disposed of
by prescribed officers of statutory bodies;

(g) for establishing Ministerial, departmental or
special committees to deal with departmental
contracts or special items or services, the value
of which does not exceed an amount, if any,
fixed by the Regulations; and

(h) prohibiting the entering into of contracts for the
supply of articles or the undertaking of works or
any services connected therewith with members
of statutory bodies to which this Act applies or
any officers thereof or with such other persons
as may be specified in the Regulations.

(2) Regulations made under subsection (1) may provide,
for the contravention thereof or non-compliance therewith, a
penalty on summary conviction of a fine of five hundred dollars,
or imprisonment for six months or both such fine and such
imprisonment.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Central Tenders Board Chap. 71:91 23

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L.R.O.

* This Schedule has been amended by the following: 93/1965; 70/1973; 173/1974; 70/1981;
98/1982; 108/1992.

Section 3.*FIRST SCHEDULE
The Mayor, Aldermen, Councillors and Citizens of the City of Port-of-Spain;
The Mayor, Aldermen, Councillors and Citizens of the City of San Fernando;
The Mayor, Aldermen, Councillors and Burgesses of the Borough of Arima;
The Mayor, Aldermen, Councillors and Burgesses of the Borough of Point Fortin;
The Mayor, Aldermen, Councillors and Burgesses of the Borough of Chaguanas;
The Chairman, Aldermen, Councillors and Electors of the Region of
Diego Martin;

The Chairman, Aldermen, Councillors and Electors of the Region of San
Juan/Laventille;

The Chairman, Aldermen, Councillors and Electors of the Region of
Tunapuna/Piarco;

The Chairman, Aldermen, Councillors and Electors of the Region of
Sangre Grande;

The Chairman, Aldermen, Councillors and Electors of the Region of
Mayaro/Rio Claro;

The Chairman, Aldermen, Councillors and Electors of the Region of
Princes Town;
The Chairman, Aldermen, Councillors and Electors of the Region of
Couva/Tabaquite/Talparo;

The Chairman, Aldermen, Councillors and Electors of the Region of
Penal/Debe;

The Chairman, Aldermen, Councillors and Electors of the Region of Siparia;
The Tobago House of Assembly;
The Central Water Distribution Authority;
The Railway Board;
The Marketing Board;
The Cocoa and Coffee Industry Board;
The Sugar Industry Control Board;
The Sugar Industry Labour Welfare Committee;
The National Housing Authority.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

24 Chap. 71:91 Central Tenders Board

LAWS OF TRINIDAD AND TOBAGO

45/1992.

Section
20A(2A)(b).
[39 of 1991].

Ch. 15:01.

Ch. 13:02.

Ch. 15:02.

Ch. 15:03.

Ch. 35:50.

SECOND SCHEDULE
(This Schedule has been omitted since it deals with amendments to various
Acts and Ordinances which have been incorporated in the relevant amended
Act or Ordinance).

THIRD SCHEDULE
ITEMS AND SERVICES REQUIRED FOR THE PURPOSES OF THE

TRINIDAD AND TOBAGO DEFENCE FORCE AND
PROTECTIVE SERVICES

1. Arms and ammunition.

2. Repair and maintenance of aircraft and Coast Guard vessels.

3. Security equipment including scanners, detectors and safe tax machines.

4. Uniforms and protective gear.

5. Aircraft, marine craft and parts thereof.

6. Wireless equipment and spares including radar systems.

FOURTH SCHEDULE
PROTECTIVE SERVICES

The Police Service established by section 3 of the Police Service Act;

The Prison Service established by section 3 of the Prison Service Act;

The Rural Police and Estate Police established by section 3 of the
Supplemental Police Act;

The Special Reserve Police established by section 3 of the Special Reserve
Police Act; and

The Trinidad and Tobago Fire Service established by section 3 of the Fire
Service Act.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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L.R.O.

SUBSIDIARY LEGISLATION

CENTRAL TENDERS BOARD REGULATIONS

ARRANGEMENT OF REGULATIONS
REGULATION

1. Citation.
2. Interpretation.
3. Fixing dates, etc., of meeting.
4. Contents of agenda.
5. Reservation of questions for discussion.
6. Recording of dissent from decision.
7. Form of notices.
8. Cost of advertisement or announcement.
9. Form, etc., of offers.
10. Forms of contract.
11. Ministerial and Departmental Committees.
12. Powers of Permanent Secretaries, etc.
12A. Purchases of computer equipment.
13. Special Committees for office machines, etc.
14. Drugs and Hospital Supplies Committee.
15. Procedure to be adopted in disposing of surplus or unserviceable

articles of original value of $1000 or less.
16. Contracts with officers and employees, effect of.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

*137/1965.

Citation.

Interpretation.

Fixing dates,
etc., of meeting.

Contents of
agenda.

Reservation of
questions for
discussion.

* These Regulations have been amended by GN 41/1976; GN 44/1968; GN 139/1969; 190/1977;
24/1983; 45 of 1997; 159/1979; 51/1980; 24/1983; 138/1983; 4 of 1992; 114/1992; 88/1995;
117/1996; 223/2003; 132/2007; 155/2009 and 234/2011.

CENTRAL TENDERS BOARD REGULATIONS
made under section 35

1. These Regulations may be cited as the Central Tenders
Board Regulations.

2. In these Regulations—
“Act” means the Central Tenders Board Act;
“Chairman” means the Chairman of the Board and includes the

Deputy Chairman where the context so requires;
“Department” means any Department of Government not under

Ministerial control;
“member” means a member of the Board;
“statutory body” means a statutory body to which the Act applies.

3. The Chairman shall fix the dates, time and place at which
the Board shall meet and may call special meetings of the Board
for the consideration of any urgent matter.

4. At meetings of the Board agenda shall provide for—
(a) confirmation of the minutes of the Board’s last

meeting and of any special meetings;
(b) adjourned business, if any;
(c) committee’s reports, consideration thereof, and

such action thereon as the Board may deem fit;
(d) current business requiring the Board’s

consideration;
(e) any other competent business.

5. On the circulation of papers to members of the Board as
provided for in section 14(1) of the Act any member of the Board
may request the Chairman to reserve any question for discussion
at the next meeting of the Board.

[Subsidiary]
26 Chap. 71:91 Central Tenders Board

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Central Tenders Board Regulations [Subsidiary]
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L.R.O.

Recording of
dissent from
decision.

Form of notices.

Cost of
advertisement or
announcement.

Form, etc., of
offers.
[4 of 1992
223/2003].

6. Any member of the Board who dissents from any
decision may request the Chairman to, and the Chairman shall
record his dissent and the reasons therefor in the minutes.

7. (1) The notices inviting members of the public to make
offers for the supply of articles or for the undertaking of any services
in connection therewith shall be in such form as the Board may from
time to time determine and shall be signed by the Chairman.
(2) Notices described in subregulation (1) shall be
advertised in not less than two issues of local or overseas
newspapers, for a period of not less than 14 days.
(3) The Chairman may cause such announcements in
respect of offers for the supply of articles and for the undertaking
of works or any services in connection therewith to be made by
radio or television as he may from time to time deem expedient.

8. When notices inviting members of the public to make
offers for the supply of articles or for the undertaking of works or
any services in connection therewith have been advertised or any
announcements in respect thereof are made by radio or television
the cost thereof shall—
(a) where articles are to be supplied to or the works

or services in connection therewith are to be
undertaken for the Government, be borne by the
Government and shall be paid out of the vote
provided therefor under control of the Ministry
of Finance; and

(b) where articles are to be supplied or the works or
services in connection therewith are to be
undertaken for a statutory body, be borne by
such statutory body.

9. (1) The Board may prepare and cause to be printed such
form, etc., of offers as in its opinion are necessary and appropriate
for the making of offers for the supply of articles or for the
undertaking of works or any services in connection therewith.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Ch. 75:01.
Ch. 75:06.

Ch. 32.01.

Forms of
contract.

(2) Offers for the supply of articles or for the undertaking
of works or any services in connection therewith may be made on
the appropriate form supplied in accordance with subregulation (1),
or when so directed by the Board by letter, shall be signed by the
person making the offer or in the case of a company, partnership or
business firm by a duly authorised officer or employee of such
company, partnership or business firm and shall be enclosed in a
sealed envelope addressed to the Chairman of the Board.
(3) Every offer shall, unless otherwise directed in
writing by the Board, be accompanied by—
(a) a Certificate from the Board of Inland Revenue to

the effect that the person, company, partnership
or business firm has, to the satisfaction of the
Board of Inland Revenue, complied with and
discharged his or its obligations under the Income
Tax Act and the Value Added Tax Act; and

(b) a Certificate of Compliance issued in
accordance with the National Insurance Act.

(4) Alterations or erasures in any offer made to the Board
shall be initialled by the person making the offer or in the case of
a company, partnership or business firm by a duly authorised
officer or employee of such company, partnership or business firm.
(5) The Board may reject any offer which does not
comply with any of the provisions of this regulation.

10. Every formal contract shall be in such form as the Board
on the advice of the State Solicitor may from time to time
determine and shall specify, inter alia, whenever applicable—
(a) a description of the articles to be supplied or the

works or services to be undertaken;
(b) the price to be paid for the supply of such articles

or the undertaking of such works or services;
(c) the period within which the matters contemplated

by the contract are to be performed;

[Subsidiary] Central Tenders Board Regulations
28 Chap. 71:91 Central Tenders Board

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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Central Tenders Board Regulations [Subsidiary]
Central Tenders Board Chap. 71:91 29

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L.R.O.

Ministerial and
Departmental
committees.
[24 of 1983
51/1980
138/1983
114/1992
88/1995
223/2003
155/2009].

(d) the amount of damages payable by the
Contractor for delay or non-completion within
the period stipulated; and

(e) provision for termination on breach.

11. (1) There shall be established for every Ministry or
Department of the Government not under Ministerial control a
Ministerial or Departmental Committee comprised—
(a) in the case of a Ministerial Committee, of a

Chairman who shall be the Director or Deputy
Director of Contracts and two officers nominated
by the Minister responsible for the Ministry
concerned and appointed by the Minister
responsible for the subject of Finance;

(b) in the case of a Departmental Committee, of a
Chairman who shall be the Director or Deputy
Director of Contracts and two officers
nominated by the Head of the Department and
appointed by the Minister responsible for the
subject of Finance.

(2) Any Committee established in accordance with
subregulation (1) may act for the Board where the total of the
value of the articles to be supplied or the works and services to
be undertaken does not exceed two million dollars; but no such
Committee shall for the purpose of giving itself authority to act
under this regulation subdivide the quantity of articles to be
supplied, works and services to be undertaken into two or more
portions so that the value of the portions will be two million
dollars or less.
(3) (Revoked by LN 88/1995).
(4) In the exercise of the authority vested in it under
these Regulations, a Ministerial or Departmental Committee may
consult with any officer or officers of the Government as such
Committee in its discretion may consider proper and desirable.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Powers of
Permanent
Secretaries, etc.
[41/1967
44/1968
159/1979
51/1980
24/1983
138/1983
88/1995
117/1996
223/2003
132/2007
155/2009
234/2011].

12. (1) A Permanent Secretary, the Chief Administrator of
the Tobago House of Assembly or an officer of a statutory body
(other than a Municipal Council) appointed for that purpose by
such statutory body may act for the Board where the total value
of the articles to be supplied or the works and services to be
undertaken does not exceed in the case of—
(a) a Permanent Secretary or the Chief

Administrator of the Tobago House of Assembly
one million dollars; or

(b) an officer appointed under this subregulation,
twenty-five thousand dollars,

but he shall not for the purpose of giving himself authority to act
under this regulation subdivide the quantity of articles to be
supplied or works and services to be undertaken into two or more
portions so that the value of each portion places such portion
within his jurisdiction.
(2) In the case of Municipal Councils—
(a) the Chief Executive Officer may award contracts

where the total value of the articles to be supplied
or the works and services to be undertaken does
not exceed three hundred thousand dollars;

(b) a special Ministerial Committee comprising the
Permanent Secretary in the Ministry responsible
for the administration of Local Government and
Social Welfare or his nominee, the Chief
Executive Officer and Road Officer of the
Municipal Council concerned, may award
contracts where the total value of the articles to
be supplied or the works and services to be
undertaken does not exceed five hundred
thousand dollars; and

(c) a Chief Executive Officer or a special
ministerial committee established under
subparagraph (b) shall not for the purpose of
giving himself or itself authority to act under
this regulation sub-divide the quantity of articles

[Subsidiary] Central Tenders Board Regulations
30 Chap. 71:91 Central Tenders Board

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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Central Tenders Board Regulations [Subsidiary]
Central Tenders Board Chap. 71:91 31

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L.R.O.

Purchases of
computer
equipment.
[88 of 1995].

to be supplied or works and services to be
undertaken into two or more portions so that the
value of each portion places such portion within
his or its jurisdiction.

(3) A Permanent Secretary, the Chief Administrator of
the Tobago House of Assembly or an officer of a statutory body
appointed pursuant to the provisions of subregulation (1), as the
case may require, may without inviting tenders purchase articles
and approve payment for the performance of services the total
cost of which does not exceed in the case of—
(a) a Permanent Secretary or the Chief

Administrator of the Tobago House of Assembly
one million dollars; or

(b) an officer of a statutory body, twenty-five
thousand dollars.

(4) A special Ministerial Committee established by
subregulation (2)(b)may without inviting tenders purchase articles or
approve payment for the performance of services as and when
required, the total cost of which does not exceed fifty thousand dollars.
(5) Where by reason of the location of an undertaking or
the undue delay which would otherwise be occasioned in the
completion of the undertaking or for any other good and sufficient
cause, a Permanent Secretary, the Chief Administrator of the
Tobago House of Assembly or an officer of a statutory body
appointed pursuant to the provisions of subregulation (1), is
satisfied that any of the powers conferred by subregulation (3)
could more conveniently be exercised by the officer charged with
the responsibility for the immediate supervision of the undertaking,
the Permanent Secretary, the Chief Administrator of the Tobago
House of Assembly or officer of the statutory body may by written
directions or orally, as the urgency of the case requires, authorise
the officer to exercise any or all of the said powers; but where the
directions are given orally the directions shall as soon as is
practicable thereafter be reduced to writing and signed by the
Permanent Secretary, the Chief Administrator of the Tobago
House of Assembly or officer of the statutory body concerned.
12A. Notwithstanding regulations 11 and 12, purchases of
main frames, major networks or work stations for computer
systems shall be approved by the Minister to whom responsibility
for national information systems is assigned.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Special
committees for
office machines,
etc.

Drugs and
Hospital
Supplies
Committee.

Procedure to be
adopted in
disposing of
surplus or
unserviceable
articles of
original value of
$1000. or less.
[51/1980].

13. (1) There shall be established a special Committee to be
known as the Office Machines, Appliances and Furniture
Committee to act for the Board in the purchasing of office
machines, appliances, and furniture for offices and quarters or
works and services to be undertaken in connection therewith and
such committee shall be comprised of such officers as the
Minister of Finance shall from time to time nominate one of
whom shall be an ex officio member of the Board.
(2) The Office Machines, Appliances and Furniture
Committee shall act for the Board with no financial limit in purchasing
office machines, appliances and furniture for offices and quarters or
works and services to be undertaken in connection therewith.

14. (1) There shall be established a special Committee to be
known as the Drugs and Hospital Supplies Committee to act for the
Board in the purchasing of drugs and hospital supplies generally
and such Committee shall be comprised of such officers as the
Minister of Finance shall from time to time nominate one of whom
shall be an ex officio member of the Board.
(2) The Drugs and Hospital Supplies Committee shall act
for the Board with no financial limit in purchasing drugs and hospital
supplies and services to be undertaken in connection therewith.

15. An article which is declared by the Government or a
statutory body to be unserviceable or surplus, and which was
originally valued at two hundred and fifty dollars or less, may be
sold by auction by an auctioneer appointed by the Board or
destroyed or otherwise disposed of by such public officers or by such
officers of statutory bodies as are nominated for the purpose by the
Ministry or the statutory body concerned, as the case may require,
and an article which was originally, valued at more than two hundred
and fifty dollars but not more than one thousand dollars may be sold
by auction or destroyed or otherwise disposed by a Committee of the
Board established for a statutory body under section 16 of the Act or
by a Ministerial or Departmental Committee.

[Subsidiary] Central Tenders Board Regulations
32 Chap. 71:91 Central Tenders Board

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Central Tenders Board Regulations [Subsidiary]
Central Tenders Board Chap. 71:91 33

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Contracts with
officers and
employees,
effect of.
[139/1969].

16. (1) A public officer or an employee of the Government,
or a member or employee of a Statutory Body or the spouse or
any child of such person shall not enter into any contract for the
supply of articles to, or the undertaking of any works or services
for the Government or such statutory body, as the case may be,
and where a person becomes a public officer or employee of the
Government or a member or employee of a Statutory Board, after
he or his spouse or any child has entered into such contract, the
contract with such person or his spouse or any child shall
thereupon be treated as terminated upon such terms as the Board
considers appropriate.
(2) Any person specified in subregulation (1) who
contravenes the provisions thereof is guilty of an offence and
liable on summary conviction to a fine of five hundred dollars or
to imprisonment for six months or to both such fine and such
imprisonment.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

1. Citation.
2. Interpretation.
3. Establishment of a Special Tenders Committee.
4. Function of Committee.
5. Meetings of the Committee.
6. Consideration of tenders by Committees.
7. Documents and information to be confidential.
8. Disqualification of tender.
9. Procedures for tender.
10. Tenders box.
11. Deposit.
12. Tender to be sealed.
13. Opening of tenders.
14. Consideration by the Committee of tenders made.
15. Form of contract.
16. Exemption.
17. Prohibition.
18. Foreign tenders.

CENTRAL TENDERS BOARD (DEFENCE FORCE
AND PROTECTIVE SERVICES) (NO. 2) ORDER

ARRANGEMENT OF CLAUSES
CLAUSE

[Subsidiary]
34 Chap. 71:91 Central Tenders Board

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Central Tenders Board Chap. 71:91 35

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary]

L.R.O.

89/1992.

Citation.

Interpretation.

Third Schedule.

Establishment
of a Special
Tenders
Committee.

CENTRAL TENDERS BOARD (DEFENCE FORCE
AND PROTECTIVE SERVICES) (NO. 2) ORDER

made under section 20A.
1. This Order may be cited as the Central Tenders Board
(Defence Force and Protective Services) (No. 2) Order.

2. In this Order—
“Chairman” means the Chairman of the Committee;
“Committee” means the Special Tenders Committee established

by clause 3;
“items” means the items for use by the Trinidad and Tobago

Defence Force and Protective Services and described in the
Third Schedule to the Act;

“Minister” means the Minister to whom responsibility for
national security is assigned;

“relative” means the father, mother, brother, sister, brother-in-
law, sister-in-law, son, daughter, son-in-law, daughter-in-
law of a person;

“services” means the services required by the Trinidad and
Tobago Defence Force and Protective Services and
described in the Third Schedule to the Act.

3. (1) There is hereby established within the Ministry a Special
Tenders Committee which shall comprise the following persons:
(a) the Permanent Secretary in the Ministry, who

shall be Chairman;
(b) the Chief of Defence Staff;
(c) the Commissioner of Police;
(d) the Chief Fire Officer;
(e) the Commissioner of Prisons;
(f) an Administrative Officer V in the Ministry; and
(g) the Accounting Executive I in the Ministry.
(2) The Committee may co-opt such other members of
the Ministry as it considers necessary.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Function of
Committee.

Meetings of the
Committee.

(3) Where the Committee proposes to award a contract,
the value of which exceeds one hundred thousand dollars, the
Committee shall invite the Director of Contracts or his nominee
to take part in the consideration or discussion of the award and to
vote on the matter.
(4) In the absence of the Chairman at a meeting or any
part thereof, the Committee shall elect one of the members
present to perform the functions of Chairman.
(5) An officer of the Ministry, not below the
classification of Clerk IV, shall attend meetings of the Committee
and shall act as secretary to the Committee.
4. The Committee shall invite and consider tenders for the
supply of the items or services and shall decide whether to accept
or reject such tenders in accordance with this Order.
5. (1) The Committee shall meet as often as the Chairman
shall determine for the transaction of its business.
(2) Except where the Chairman otherwise determines,
notices and agendas of meetings shall be circulated to members
of the Committee at least forty-eight hours before the time fixed
for such meetings.
(3) At a meeting of the Committee, four members shall
constitute a quorum.
(4) Decisions of the Committee shall be by a majority of
votes and for that purpose the Chairman shall have both an
original and a casting vote.
(5) Minutes of each meeting shall be prepared in the
proper form by the secretary, confirmed by the Committee at the
next meeting and kept at the Ministry.
(6) Copies of minutes certified by the Chairman shall be
forwarded monthly to the Minister and the Prime Minister.
(7) Decisions of the Committee may be taken at
meetings or, where the Chairman so directs, by the circulation of
papers among members.

[Subsidiary] Central Tenders Board (Defence Force and Protective Services) (No. 2) Order
36 Chap. 71:91 Central Tenders Board

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Central Tenders Board (Defence Force and Protective Services) (No. 2) Order [Subsidiary]
Central Tenders Board Chap. 71:91 37

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Consideration of
tenders by
Committees.

(8) Where papers are circulated among the members,
the Chairman may direct that the papers shall not be circulated to
any member who through declared interest, illness, absence from
the country or otherwise, is in the opinion of the Chairman
precluded from voting.
(9) Where papers are circulated among members for
decision, any member of the Committee may request the
Chairman to reserve any matter for discussion at the next meeting
of the Committee.
(10) Any member of the Committee who dissents from a
decision may request the Chairman to record such dissent, and
the Chairman shall record such dissent and the reason therefor in
the minutes.

6. (1) A member of the Committee or the Ministry who—
(a) is a member of a company or other body;
(b) is a partner in a firm or partnership;
(c) is employed by a company, firm, partnership or

other body;
(d) has a financial interest in a company, firm,

partnership or other body;
(e) is married to a person; or
(f) is married to a person who has a relative,
that has submitted a tender for the supply or purchase of items or
services which is the subject of consideration by the Committee,
shall disclose the fact to the Committee and that person shall not
take part in the consideration or discussion of the tender nor vote
on any question concerning the tender.
(2) In its consideration of a tender the Committee may—
(a) consult with any officer of the Ministry’s staff, or

any officer of Government or of any statutory
body, or such other person as the Committee may
in its discretion consider proper and desirable;

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Documents and
information to
be confidential.

Disqualification
of tender.

Procedures for
tender.

(b) require any person who has submitted a tender to
the Committee to attend a meeting of the
Committee with such information with respect to
that person’s finance, equipment, professional or
technical qualifications, or any other information
that the Committee may require, so that the
Committee may properly assess the tender and
the capacity of the person to execute it;

(c) make inspections or arrange for the Chairman or
another member of the Committee or an officer
of the Ministry to make inspections; and

(d) require samples of items to be submitted for test
or examination.

7. All documents and information relating to the functions of
the Committee shall be treated with the utmost confidentiality by all
persons in any way connected with the work of the Committee.

8. A person, whether he has submitted a tender or not, who
with the intention of gaining any advantage or concession for
himself or any other person, offers any member of the Committee
or officer of the Ministry a gift or money or other thing or
approaches any member of the Ministry with respect to any
matter that is or is expected to come before the Committee, shall
be disqualified from being awarded the contract.

9. (1) Where items or services are required to be supplied,
a detailed description in writing of the items or services requested
shall be given to the Committee.
(2) On receipt of a request, the Committee may—
(a) invite members of the public to tender for the

supply of such items or services, as the case may
be, by notice published in the Gazette and in
local or overseas newspapers; or

(b) invite such persons or firms as may be selected
by the Committee to tender for the supply of
such items or services, as the case may be.

[Subsidiary] Central Tenders Board (Defence Force and Protective Services) (No. 2) Order
38 Chap. 71:91 Central Tenders Board

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Central Tenders Board (Defence Force and Protective Services) (No. 2) Order [Subsidiary]
Central Tenders Board Chap. 71:91 39

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

(3) The notice shall be signed by the Chairman and
shall contain—
(a) a sufficient description of the items or services

required and, whenever necessary, also state the
place and the time at which additional
information relating thereto can be obtained;

(b) the form or manner in which a tender is to be
made;

(c) the date of completion of services or the period
of delivery for the items;

(d) the date and time within which a tender is to be
made;

(e) the place where, and the manner in which the
tender is to be submitted;

(f) the date and time when all tenders are to be
opened; and

(g) any other relevant information.
(4) The Chairman may cause such announcements in
respect of tenders for the supply of items or services to be made
by radio or television.
(5) The Ministry shall prepare and cause to be printed
such forms as in the opinion of the Committee are necessary and
appropriate for the making of tenders for the supply of items or
services in connection therewith.
(6) A tender for the supply of items or services may
be made on the appropriate form or when so directed by the
Committee, by letter, and shall be signed by the person or
firm making the tender or by a duly authorised officer or
employee and shall be enclosed in a sealed envelope,
addressed to the Chairman.
(7) A tender shall be accompanied by a valid Income
Tax Certificate issued by the Board of Inland Revenue to the
effect that the person, company, firm, partnership or other body
has to the satisfaction of the Commissioner complied with the

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Ch. 75:01.
Ch. 75:06.

Tenders box.

Deposit.

provisions of, and discharged his or its obligation under the
Income Tax Act, and by a Value Added Tax Registration
Number, if the person or firm is registered under the Value
Added Tax Act.
(8) Alterations or erasures to a tender submitted to the
Committee shall be initialled by the person, or by a duly
authorised officer or employee of the company, firm, partnership
or other body submitting the tender.
(9) The Committee may reject a tender which does not
comply with any provision of this clause.
10. (1) The Ministry shall keep at its offices or in such other
place as in the opinion of the Chairman may be necessary for
security or accessibility specially constructed boxes in which all
tenders shall be placed.
(2) Each box shall be marked “Tenders Box”, and shall
be constructed so as to ensure the security of the documents
placed in the box.
(3) Each box shall have two independent locks that
control the opening of the box, the key of one lock shall be kept by
the Chairman and the key of the other lock shall be kept by such
other member of the Committee as the Committee shall decide.
(4) The Chairman shall assign a box for the receipt of
tenders on any matter up to the date and time fixed in the relevant
notice and shall cause the box to be marked so that it may readily
be identified by persons delivering tenders.
11. (1) The Committee may require any person who is
desirous of submitting a tender to deposit with the Treasury a sum
in an amount to be fixed by the Committee before the tender is
submitted.
(2) The Committee may forfeit any sum so deposited
where—
(a) a person making a deposit fails to submit a tender;
(b) a person whose tender is accepted fails or

refuses to enter into a formal contract;

[Subsidiary] Central Tenders Board (Defence Force and Protective Services) (No. 2) Order
40 Chap. 71:91 Central Tenders Board

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Central Tenders Board (Defence Force and Protective Services) (No. 2) Order [Subsidiary]
Central Tenders Board Chap. 71:91 41

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Tender to be
sealed.

Opening of
tenders.

Consideration
by the
Committee of
tenders made.

(c) a person to whom a contract is awarded fails to
execute and fulfil the terms thereof; or

(d) a person withdraws a tender.
(3) After a contract is awarded the Chairman shall
arrange for the refund of any deposit to persons or firms whose
tenders have not been accepted.
(4) A tender may be withdrawn only by a letter
delivered to the Chairman signed by a person, partner of the firm
or duly authorised officer or employee of the company or body
that submitted the tender.
12. A tender shall be submitted in an envelope, which shall
be sealed and deposited in the tender box before the closing date
and time specified in the notice.
13. (1) On the date fixed for the opening of tenders the
Chairman and the member of the Committee with the key to the
second lock shall unlock the box, remove the tenders found
therein, open the sealed envelopes containing the tenders and
cause a note to be taken of the following:
(a) the names of the persons, firms, companies or

other bodies submitting tenders;
(b) the sums of money mentioned in the tenders;
(c) Income Tax Certificates;
(d) Value Added Tax Registration Numbers; and
(e) such other information as the Committee required,
and the Chairman and said member shall sign each tender as it is
opened, and shall also sign the note taken of all tenders opened.
(2) Any person or representative of a firm, company or
other body submitting a tender may be present at the opening of
the tenders.
14. (1) After the tenders have been opened the Committee
shall consider the offers made.
(2) Where there is no significant difference in the quality
of items or in the capacity to undertake the required services, as

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

between tenders, the lowest tender shall be accepted by the
Committee, subject to the following:
(a) where the quality of the item differs as between

tenders, the Committee in determining which
tender shall be accepted shall take cognisance of—

(i) the price quoted;
(ii) any evidence of reliability of performance;
(iii) any warranty or guarantee given;
(iv) the maintenance or repair services offered;
(v) the adequacy of stocks or spare parts held

in Trinidad and Tobago; and
(vi) any other matter relating to the quality,

reliability or capability of the items or
services;

(b) where there is a significant difference in the
capabilities of persons or bodies submitting
tenders, the Committee in determining which
offer shall be accepted shall take cognisance of—

(i) the price quoted;
(ii) any evidence of previous performance of

similar items or services;
(iii) any warranty or guarantee given;
(iv) technical skills, adequacy of support staff,

supporting financial and contractual
arrangements available in Trinidad and
Tobago to the persons or bodies
submitting tenders;

(v) compatibility with other items and
services used by the Defence Force and
Protective Services; and

(vi) any other matter relating to the quality
or adequacy of performance of the items
or services.

[Subsidiary] Central Tenders Board (Defence Force and Protective Services) (No. 2) Order
42 Chap. 71:91 Central Tenders Board

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Central Tenders Board (Defence Force and Protective Services) (No. 2) Order [Subsidiary]
Central Tenders Board Chap. 71:91 43

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Form of
contract.

Exemption.

(3) Where a tender has been accepted by the Committee
the person or body who submitted the tender shall be notified by
the Chairman of its acceptance, and the Chairman shall inform
him that he is required to enter into a contract with the Ministry.

15. (1) A contract shall be in such form and contain such
terms, conditions and provisions, as the Ministry may determine,
and shall specify, inter alia, whenever applicable—
(a) a description of the items to be supplied or

services to be undertaken;
(b) the price to be paid for the supply of such items

or services;
(c) the period within which the matters contemplated

in the contract are to be performed;
(d) the amount of damages payable for delay or non-

completion within the period stipulated; and
(e) provision for termination on breach of contract.
(2) The Ministry may require a person to whom any
contract is awarded to provide security in such form and to such
extent as the Committee may determine.

16. (1) On the recommendation of the Committee and with
the approval of the Minister and the Prime Minister the purchase
of items or services may be exempted from the operation of this
Order where—
(a) there is a limitation of sources of supply of the

items or services;
(b) the items or services form part of a system

already in use by the Defence Force or
Protective Services; or

(c) the items are spares or replacement parts for
other items already in use by the Defence Force
or Protective Services.

(2) The Committee shall report any purchase made under
this clause to the Minister and to the Prime Minister.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Prohibition.

Foreign tenders.

17. A member of the Committee, or an officer of the Ministry
or the relative of any such person shall not tender for the supply
of items or services, and where a person becomes an officer of the
Ministry, after he or his relative has entered into a contract with
the Ministry, the Ministry may terminate the contract upon such
terms as it considers appropriate.

18. Where consideration is being given to the award of
contracts involving foreign tenders, the Committee shall seek the
advice of the Ministers to whom responsibility for finance and
international trade are assigned.

[Subsidiary] Central Tenders Board (Defence Force and Protective Services) (No. 2) Order
44 Chap. 71:91 Central Tenders Board

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Central Tenders Board Chap. 71:91 45

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary]

L.R.O.

45/1982.

Citation.

Exclusion.

Ch. 71:91.

CENTRAL TENDERS BOARD (SECT
INTERNATIONAL) (EXCLUSION) ORDER

made under subsection (2) of section 20A
WHEREAS subsection (2) of section 20A of the Central Tenders
Board Act, provides that the President may by Order
published in the Gazette exclude from the provisions of the Act
any company which, having successfully undertaken one
phase of a project, has expressed a desire and is able
financially and otherwise to complete any other phase thereof:

And whereas Société Centrale pour l’Equipment du
Territoire (SECT) International having successfully
undertaken Phase I of the Oropouche Drainage and Irrigation
Project, has expressed a desire and is able financially and
otherwise to complete Phase II of the said project:

Now, therefore, the President in the exercise of the powers
vested in him as aforesaid do hereby order as follows:

1. This Order may be cited as the Central Tenders Board
(SECT International) (Exclusion) Order.

2. This Société Centrale pour l’Equipment du Territoire
(SECT) International is hereby excluded from the provisions of
the Central Tenders Board Act.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

179/1997.

Citation.

Functions and
duties.

CENTRAL TENDERS BOARD (FUNCTIONS AND
DUTIES) ORDER
made under section 4(2)

1. This Order may be cited as the Central Tenders Board
(Functions and Duties) Order.

2. The functions and duties of the Central Tenders Board
are hereby extended to include the authority to act for, in the
name and on behalf of the Government to dispose of real property
owned by the Government in such manner as the Government
may consider appropriate and desirable.

[Subsidiary]
46 Chap. 71:91 Central Tenders Board

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Central Tenders Board Chap. 71:91 47

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary]

L.R.O.

52/2002.

Citation.

Interpretation.

CENTRAL TENDERS BOARD (CONTRACTS FOR
THE LEASE OF COMPUTERS AND COMPUTER

EQUIPMENT) ORDER
made under section 4(2)

1. This Order may be cited as the Central Tenders Board
(Contracts for the lease of Computers and Computer
Equipment) Order.

2. In this Order—
“Act” means the Central Tenders Board Act;
“computer” means an electronic, optical, electrochemical, or a

magnetic, or other data processing device, or a group of such
interconnected or related devices, performing logical,
arithmetic, or storage functions, and includes any data
storage facility or communications facility directly related to
or operating in conjunction with such device or group of such
interconnected or related devices, but does not include—

(a) an automated typewriter or typesetter;
(b) a portable hand held calculator; or
(c) a similar device which is non-programmable or

which does not contain any data storage facility;
“computer equipment” means—
(a) main storage devices;
(b) disk units;
(c) network switches, cards and other network

devices;
(d) computer printers;
(e) printer devices, network printer devices, and

network printing devices;
(f) computer switches;
(g) relay systems;
(h) couplers;
(i) line conditioners;
(j) battery backup,

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Computers and Computer Equipment) Order
[Subsidiary] Central Tenders Board (Contracts for the Lease of
48 Chap. 71:91 Central Tenders Board

LAWS OF TRINIDAD AND TOBAGO

and any other items of equipment, whether hardware or
software, that are used while connected, whether physically
or virtually, to a computer.

3. For the purposes of the Act, the Central Tenders Board
shall have the authority to invite, consider, accept or reject offers
for the lease of computers and computer equipment by all
Government Ministries and Government Departments.

Additional
functions of the
Board.

UNOFFICIAL VERSION


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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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