1. It is recognised that the existing legislation upon literal interpretation, requires bidders for all procurement contracts regardless of value, to demonstrate tax compliance save in circumstances expressed in Regulation 17.
2. However, this Ministry’s policy is to require demonstration of eligibility only for contracts valued in excess of the single-source thresholds now appearing in the First Schedule to The Regulations.
3. The PE should note that the thresholds/values outlined in the First Schedule of the Regulations replace those values contained in the previous Circulars and the Government of Jamaica Handbook for Public Sector Procurement Procedures. Notwithstanding, the procedures contained therein are still in effect.
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Exclusion provisions in existing procurement law dealing with matters of rent/lease of land or rights in relation thereto.
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Whether the procurement of Animation Services would be considered exempt in accordance with section (c) of the First Schedule of the Public Procurement Act, 2015 (as amended) (“the Act”)?
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I. the provisions in existing law for the creation of FAs;
II. procedures for the establishing a FA; and
III. procedures applicable to mini-competition and call-offs.
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1. The PE’s attention is directed to Regulation 22(1) of The Public Procurement Regulations, 2018 which sets out, inter alia, when the pre-qualification or bidding documents can be modified which is prior to the bid submission deadline.
2. A modification to a bidding document includes the terms and requirements initially imposed by the procuring entity that are to be fulfilled by bidders.
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3. Therefore, the Procuring Entity should finalise arrangements with consideration of the increased quantity, then proceed with the requisite standstill and thereafter submit for requisite approvals for contract award.
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3. Thus, negotiation should occur before seeking the approval of the head of the procuring entity. This means that negotiation should take place before presenting the proposal to the procurement committee, as the approval of the head of the procuring entity is typically sought right after the procurement committee reviews the proposal.
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