Public Procurement (Suspension and Debarment) Regulations 2008

Similar documents
Article 6 Modification and Termination of Contracts for Supplies and Services

Arbitration Law no. 31 of 2001

CONTRACTOR PERFORMANCE SYSTEM PROCEDURAL DOCUMENT. Revision date: June 8, 2016

CUSTOMS TARIFF ACT CUSTOMS TARIFF ACT. Revised Laws of Mauritius. Act 59 of January 1970

The Scrap Tire Management Regulations

The Public Health Appeals Regulations

PROFESSIONAL SERVICES AGREEMENT For Project Description, Project #

Supplement to Extraordinary Gazette No. dated 31st December, 2018 INSURANCE (AMENDMENT) ACT, Arrangement of Sections

COLLECTIVE INVESTMENT SCHEMES CONTROL BILL

RULES OF THE RHODE ISLAND HEALTH AND EDUCATIONAL BUILDING CORPORATION FOR THE

GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS FOR STATEWIDE CONTRACTS FOR SERVICES

PROCUREMENT FEDERAL GRANTS/FUNDS

Non-Professional Services

ATTACHMENT 6 PREQUALIFICATION QUESTIONNAIRE. Firm Name: Check One: Corporation (as it appears on license) Sole Prop.

TRAVERSE CITY HOUSING COMMISSION REQUEST FOR PROPOSALS FOR ARCHITECTURAL/ENGINEERING SERVICES

FOR QUALIFICATIONS FOR THE PROVISION OF PROFESSIONAL SERVICES FOR CALENDAR YEAR 2019 ISSUE DATE: 9, 2018 DUE DATE:

CUSTOMS TARIFF ACT. Act 59 of January 1970

INVITATION TO QUOTE (ITQ) RENTING OF A WAREHOUSE FOR THE SORTING AND PACKING OF TEXTBOOKS FOR SIX (6) MONTHS IN WINDHOEK NAMIBIA

Contractor s Qualification Statement

Food Services Procurement Policies and Procedures

Stanton Township Public Schools Bylaws & Policies

54TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2019

PART I PRELIMINARY 1. These Regulations may be cited as the Public Procurement and Disposal (Preference and Reservations) Regulations, 2011.

Contractor s Qualification Statement

Government Accountability Office, Administrative Practice and Procedure, Bid. SUMMARY: The Government Accountability Office (GAO) is proposing to

MORTGAGE BROKERAGES, MORTGAGE LENDERS AND MORTGAGE ADMINISTRATORS ACT. A Consultation Draft

Request for Proposal Transition/Vocational Services RFP No

PRIVATE VOLUNTARY ORGANIZATIONS ACT

CHAPTER 118 BANKING ORDINANCE and Subsidiary Legislation

Tuscola Intermediate School District Bylaws & Policies

Procurement Using State Funds Whenever the estimated cost of furniture, supplies or equipment (except books) will cost:

COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION DEBARMENT AND/OR SUSPENSION POLICY

STATEMENT OF BIDDER S QUALIFICATIONS (GENERAL CONTRACTOR)

GUIDELINES. On Preventing and Combating Fraud and Corruption in Projects Financed by IBRD Loans and IDA Credits and Grants

Regulation of the Stock Exchange of Thailand Re: Listing, Disclosure of Information and Delisting of Derivative Warrants B.E.

STANDARD CONSTRUCTION CONTRACT. THESE ARTICLES OF AGREEMENT made in duplicate and effective the day of 2017: NEW BRUNSWICK POWER CORPORATION

BERRIEN COUNTY ROAD DEPARTMENT

INVITATION TO QUOTE (ITQ) SUPPLY AND DELIVERY OF BREAKDOWN RECOVERY TRAILER

SAN FRANCISCO UNIFIED SCHOOL DISTRICT 2019 PRE-QUALIFICATION QUESTIONNAIRE

STATEMENT OF BIDDER'S QUALIFICATIONS

FARMERS MUTUAL INSURANCE ASSOCIATION OF BURNET COUNTY (FMBC) Agency Agreement

Commercial Vehicles Licensing Board (Amendment) 1 A BILL. i n t i t u l e d. An Act to amend the Commercial Vehicles Licensing Board Act 1987.

Supplement No. 4 published with Extraordinary Gazette No. 38 dated 5 th May, THE NON-PROFIT ORGANISATIONS LAW, 2017 (LAW 37 OF 2017)

BELIZE INTERNATIONAL INSURANCE ACT CHAPTER 269 REVISED EDITION 2011 SHOWING THE SUBSTANTIVE LAWS AS AT 31 ST DECEMBER, 2011

Alief Independent School District

ARBITRATION ACT. May 29, 2016>

REQUEST FOR BIDS MINOR REPAIRS

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 1 SENATE BILL 607. Short Title: Job Order Contracting Method. (Public) April 5, 2017

Boise State University BSU Policy #6130 Effective Date: March 1998 Revised: July 1, 2010 PURCHASING

CHAPTER 53:03 BOTSWANA UNIFIED REVENUE SERVICE

UNOFFICIAL COPY OF HOUSE BILL 1040 A BILL ENTITLED

Suggested Changes to the ICSID Rules and Regulations. Working Paper of the ICSID Secretariat. May 12, 2005

Request for Quotation For Lawn Care Treatment

Table of Contents Section Page

Life Insurance/Family Takaful Agent Registration Handbook

CITY OF SUNSET VALLEY CITYWIDE SANITARY SEWER CLEANING AND TV INSPECTION Sunset Valley, Texas

Winding-up under the Insolvency and Bankruptcy Code, 2016

INVITATION TO QUOTE (ITQ) SUPPLY, DELIVERY AND ERECTION OF 20 SHADES AND PICNIC TABLES TO 3 SITES IN THE WESTERN PART OF THE ETOSHA NATIONAL PARK

DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY. Procurement Regulations Effective Date: June 12, 2009

Mentor Public Schools Board of Education 8.18 Policy Manual page 1 Chapter VIII Fiscal Management PROCUREMENT WITH FEDERAL GRANTS/FUNDS

NCDA 2018 Winter Conference Procurement under Part 200

8:16 PREVIOUS CHAPTER

PROCUREMENT POLICY. EDD Revision Date: 8/24/00 WDB Review Date: 6/21/07; 12/20/07; 12/17/15 EXECUTIVE SUMMARY: Purpose:

4. Your quotation in the required format must be received by MCA-N before 13:00 hours (Namibian time) on 17 March 2011 at the following address:

Bergen County Board of Social Service

2018 GENERAL CONTRACTOR PREQUALIFICATION APPLICATION FOR NON STATE FUNDED PROJECTS > $1 MILLION. December 12, 2017

Attachment A Required Submission Documents BIDDER INFORMATION

GUYANA No. 13 of 2007 REGULATIONS. MADE UNDER THE PESTICIDES AND TOXIC CHEMICALS CONTROL ACT 2000 (No. 13 of 2000) ARRANGEMENT OF REGULATIONS

Bidders shall execute the following forms and return the signed original with their proposal.

St. Vincent and the Grenadines TELECOMMUNICATIONS (RETAIL TARIFF) REGULATIONS, 2004 ARRANGEMENT OF REGULATIONS PART I PRELIMINARY

An Act to amend the Income Tax Act, 1973 [ ]

ARBITRATION ACT 2005 REVISED 2011 REGIONAL RESOLUTION GLOBAL SOLUTION

[TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (ii)]

Norway Vulcan Area Schools Bylaws & Policies

PROCUREMENT POLICY Originally Adopted April 1983 Revised: February 26, 2014

NON LIFE INSURANCE ACT, B.E (1992) 1

REQUEST FOR PROPOSALS

3042 Construction Management at Risk Contracts

ADOPTED REGULATION OF THE STATE PUBLIC WORKS BOARD. LCB File No. R Effective October 15, 2010

DEPOSIT PROTECTION CORPORATION ACT

REQUEST FOR PROPOSAL TO PROVIDE UNCLAIMED PROPERTY SECURITIES CUSTODY SERVICES TO THE STATE OF NEW HAMPSHIRE

ASSEMBLY, No STATE OF NEW JERSEY. 209th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2000 SESSION

ELECTRICITY ACT, 2005

REQUEST FOR BIDS MINOR REPAIRS

QUOTATION REQUEST Board of County Commissioners, Broward County, Florida

NEW CASTLE COUNTY Purchasing Division New Castle County Government Center 87 Read s Way New Castle, DE (302)

BANKING ACT, No. 30 OF 1988 ( Incorporating Amendments up to 01st March, 2005 )

LOS ANGELES WORLD AIRPORTS CONTRACTOR RESPONSIBILITY PROGRAM QUESTIONNAIRE

Austin Independent School District Contract and Procurement Services 1111 West 6th Street Suite A330 Austin, Texas

Title IV. Revenue & Finance

SUPPLY of LED POWER LIGHTS WITH STAND FOR THE GOVERNMENT FILM UNIT

TOWN OF GUTTENBERG COUNTY OF HUDSON, STATE OF NEW JERSEY

Cayman Islands Takeover Guide

REVISED PROPOSED REGULATION OF THE COMMISSIONER OF MORTGAGE LENDING. LCB File No. R January 4, 2019

LONG-TERM INSURANCE ACT NO. 52 OF 1998 DATE OF COMMENCEMENT: 1 JANUARY, 1999 ACT

Chapter 3.24 PURCHASING PROCEDURES

REQUEST FOR QUALIFICATIONS (RFQ)

IDAHO STATE UNIVERSITY POLICIES AND PROCEDURES (ISUPP) Purchasing Policy ISUPP 2560

QUOTATION FOR SMALL PURCHASE CONDITIONS TO QUOTE SOFFIT AND FASCIA REPAIR SOLICITATION NO. HADC : SOFFIT AND FASCIA REPAIR

REQUEST FOR QUALIFICATIONS (RFQ) FOR TRANSPORTATION PLANNING CONSULTING SERVICES

Transcription:

Public Procurement (Suspension and Debarment) Regulations 2008 Last updated 08 October 2012

Table of Contents Page Number 2. In these regulations... 1 3. Effect of suspension or debarment... 1 4. Effect on existing contracts... 1 5. Proposal by a public body for suspension or debarment of a potential bidder, supplier or consultant... 1 6. Contents of proposal for debarment... 2 7. Inquiries by Policy Office... 2 8. Issuance of notice of proposed debarment... 2 9. Contents of notice of proposed debarment... 2 10. Response by bidder or supplier... 3 11. Suspension pending completion of the debarment proceedings... 3 12. Hearing on debarment... 4 13. Procedures at hearing... 4 14. Decision on debarment... 4 15. Application to modify or terminate debarment... 4 16. Disclosure of the decision... 5 17. Register of debarred and suspended bidders or suppliers... 5

Amendments to Public Procurement (Suspension and Debarment Regulations 2008) (Amended as per G.N. No.170 of 2012) Regulation 2A (New Paragraph (Added)

Government Notice No.8 of 2008 THE PUBLIC PROCUREMENT ACT 2006 Regulations made by the Minister under section 61 of the Public Procurement Act 2006 1. These regulations may be cited as the Public Procurement (Suspension and Debarment) Regulations 2008. 2. In these regulations Act means the Public Procurement Act 2006; Director means the Director of the Procurement Policy Office. 2A. In the absence of the Director, the functions of the Director under these regulations may be discharged, and his powers under these regulations may be exercised, by any member of the Policy Office appointed under section 4(1) of the Act. (amended as per G.N. No.170 of 2012) 3. Effect of suspension or debarment No public body shall solicit or accept bids, proposals or quotations from a suspended or debarred bidder; or consider bids, proposals or quotations submitted by a suspended or debarred bidder or supplier prior to its suspension or debarment. 4. Effect on existing contracts Any suspension or debarment of a potential bidder or supplier under these regulations shall not affect any existing contract entered into between the bidder or supplier and a public body. 5. Proposal by a public body for suspension or debarment of a potential bidder, supplier or consultant (1) A proposal by a public body for the debarment of a potential bidder or supplier shall be referred to the Director by means of a proposal for debarment. 1

(2) A proposal for debarment may include a recommendation that the potential bidder or supplier be suspended from participating in procurement pending the completion of debarment proceedings. 6. Contents of proposal for debarment A proposal for debarment shall - (c) (d) specify the name and address of the potential bidder or supplier; recommend the period of debarment; specify the grounds for the proposed action; be accompanied by a factual record from the public body, which shall include all evidence and information in the possession of, or known to the public body, relating to the proposed action. 7. Inquiries by Policy Office (1) The Director may request from any source, information or evidence concerning possible grounds for suspension or debarment of a potential bidder or supplier. (2) A public body which is requested to submit information under paragraph (1) shall provide the information or document which is in its possession within one month following the request made. 8. Issuance of notice of proposed debarment (1) Where the Director considers that there are grounds for debarment, he shall issue to the bidder or supplier a notice of proposed debarment. (2) The Director shall send a copy of the notice of proposed debarment to the public body which proposed the debarment. 9. Contents of notice of proposed debarment A notice of proposed debarment shall - inform the bidder or supplier that debarment is being considered; inform the bidder or supplier as to whether suspension is contemplated pending the completion of debarment proceedings; 2

(c) (d) (e) (f) specify the grounds for the proposed debarment and, if applicable, the suspension; set out the facts constituting the grounds for the proposed debarment and, if applicable, the suspension; state the period of the proposed debarment; inform the bidder or supplier of its right to make written representations and request for a hearing. 10. Response by bidder or supplier (1) A bidder or supplier may make representations in writing to the Director within 14 days of the receipt of the notice of proposed debarment. (2) Any representation made under paragraph (1) shall contain a certificate, signed by the bidder or supplier, that the information contained therein is true to the best of his knowledge. (3) The Director shall, within 7 days of the receipt of the representation, send a copy to the public body which proposed the debarment. 11. Suspension pending completion of the debarment proceedings (1) On receipt of the representation made under regulation 10, the Director may decide as to whether the bidder or supplier may be suspended from participating in procurement proceedings pending the completion of debarment proceedings. (2) Where the Director decides to suspend the bidder or supplier under paragraph (1), the Director may decide to terminate the suspension where he considers that the basis for the suspension, pursuant to subsection (1), no longer exists. (3) Any decision of the Director under paragraph (1) shall remain in effect until - a decision on the proposed debarment pursuant to section 14 is taken; the expiration of the time specified in regulation 14(1); or (c) a decision of the Director under paragraph (2) terminating the suspension, 3

whichever is earlier. (4) The Director shall send a copy of his decision under paragraph (1) to the bidder or supplier and to the public body which proposed the debarment. 12. Hearing on debarment (1) The bidder or supplier shall have a right to a hearing on the proposed debarment and, where it has been suspended, to challenge his suspension, provided that the bidder or supplier requests for a hearing, in writing, within the time specified in regulation 10. (2) A hearing under paragraph (1) shall take place within 10 days of the submission by the bidder or supplier of his request. (3) The Director shall notify, in writing, the bidder or supplier and the public body which proposed the debarment of the time and place of the hearing. 13. Procedures at hearing The Director shall make a record of the hearing, which shall include all documents and evidence submitted at the hearing and a transcript of any testimony given during the hearing. 14. Decision on debarment (1) The Director shall decide on the proposed debarment within 50 days of the issue of a notice of proposed debarment. (2) The Director shall determine the period under which the bidder or supplier shall be debarred from participating in procurement proceedings. (3) The decision of the Director shall be recorded in writing and shall include a summary of the findings of fact and the reasons for decision. (4) The Director shall forthwith send a copy of his decision under paragraph (1) to the bidder or supplier and the public body which proposed the debarment. 15. Application to modify or terminate debarment (1) A bidder or supplier who has been debarred may apply to the Director to terminate, or modify the period of, the debarment. (2) An application under paragraph (1) shall be submitted, subject to paragraph (3), after the expiry of 6 months of the decision of debarment. 4

(3) The Director shall not consider an application under paragraph (1) where the bidder or supplier is under debarment following a previous decision of debarment by the Director. (4) The applicant shall specify the reasons for modifying or terminating the debarment, and submit any evidence in support of his application. (5) On receipt of an application under paragraph (1), the Director shall send a copy of the application to the public body which proposed the debarment requesting for comments and recommendations from that public body. The public body shall submit its comments and recommendations within 14 days of the receipt of the copy of the application. (6) The Director shall decide upon the application within 14 days of the receipt of the comments and recommendations of the public body. (7) The Director shall notify in writing the bidder or supplier and the public body of his decision. 16. Disclosure of the decision A decision of the Director in respect of a debarment or suspension of a bidder or supplier, as the case may be, shall be published in the Gazette. 17. Register of debarred and suspended bidders or suppliers (1) The Director shall maintain a register of all suspended or debarred bidders which shall - (c) specify the name and address of every bidder or supplier under suspension or debarment; set out the grounds for debarment or suspension, as the case may be, of the bidder or supplier; and specify the period under which the bidder or supplier is on debarment or suspension, as the case may be. (2) The register shall at all times during office hours be made available to the public. 18. These regulations shall come into operation on 17 January, 2008. 5

Made by the Minister on 14 January 2008 on the recommendation of the Policy Office. 6