Government Purchases Act (amended)
BILL NO. 62
2nd Session, 60th General Assembly
56 Elizabeth II, 2007
Private Member's Bill
Government Purchases Act
First Reading: December 3, 2007
This Bill revises the rules governing how goods are to be purchased under the Government Purchases Act. It also requires the suppliers of certain classes of goods to establish that the goods have been made in accordance with minimum fair labour practices.
Be it enacted by the Governor and Assembly as follows:
1 Chapter 188 of the Revised Statutes, 1989, the Government Purchases Act, is amended by adding immediately after Section 9 the following Section:
9A (1) In this Section, "compliant bid" means a bid
(a) made by a person who has met all conditions imposed in the request for tenders on persons seeking the contract in question; and
(b) that meets all requirements for the goods to be purchased set out in the request for tenders.
(2) Notwithstanding anything contained in this Act, all purchases of goods made under authority of this Act are subject to the following rules:
(a) all purchases must be made in the most economical manner possible;
(b) whenever possible, competitive offers are to be obtained through the use of public tenders or similar means;
(c) every request for tenders must set out
(i) the conditions that must be met by persons bidding on the contract in question,
(ii) the requirements for the goods in question, and
(iii) the criteria on which compliant bids will be evaluated; and
(d) subject to the regulations, where public tenders or similar means are used, the contract must be awarded as follows:
(i) where the request for tenders states that price is to be the deciding factor between compliant bids, the contract must be awarded to the compliant bid with the lowest price, or
(ii) in any other case, the contract must be awarded to the compliant bid that receives the highest rating using the evaluation criteria set out in the request for tenders.
(3) For the purchase of classes of goods prescribed by regulation, persons bidding shall establish that the goods have been or will be produced in accordance with minimum fair labour practices prescribed by regulation.
(4) The Governor in Council may make regulations
(a) for the purpose of clause (2)(d), respecting when a contract need not be awarded to the compliant bid with the lowest price or the highest-rated compliant bid;
(b) prescribing minimum fair labour practices and classes of goods for the purpose of subsection (3);
(c) respecting when the responsible manufacturer policy set out in subsection (3) does not apply;
(d) respecting any matter or thing the Governor in Council considers necessary or advisable to carry out the purpose of this Section.
(5) The exercise by the Governor in Council of the authority contained in subsection (4) is regulations within the meaning of the Regulations Act.
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