LAWS OF TUVALU
2008 Revised Edition

PUBLIC TENDERS BOARD REGULATIONS

CAP. 4.20.2

Arrangement of Regulations

Regulation

1 Citation
2 Establishment of Public Tenders Board
3 Alternate members
4 Duties of Board
5 Procedure for tender
6 Recommendations to Minister
7 Proceedings of Board
8 Register of contractors
Supporting Documents 
ENDNOTES 

__________________

PUBLIC TENDERS BOARD REGULATIONS

MADE UNDER SECTION 5 OF THE PUBLIC FINANCE ACT1

Commencement [19th April 1979] 

1 Citation 

These Regulations may be cited as the Public Tenders Board Regulations. 

2 Establishment of Public Tenders Board 

There is hereby established a Public Tenders Board, which shall consist of the following members —

Secretary to Government	Chairman	
Secretary for Finance	Secretary	
Superintendent of Works	Member	
Secretary of Ministry responsible for project	Member	
One additional member to be appointed by the Minister responsible for Finance		

3 Alternate members 

With the approval of the Minister responsible for finance any member may appoint another person as alternate member for a particular meeting and the Chairman may appoint some other Member or the Secretary to act as Chairman for a particular meeting. 

4 Duties of Board 

(1) The duties of the Board shall be to put to public tender any building or works contract which is to be paid for wholly or partly out of public funds and which is not to be undertaken wholly by the Public Works Division of the Ministry of Works and Local Government (hereafter referred to as "the project"): 

Provided that the Board may as an alternative to putting such projects to public tender, and at the express direction of the Minister responsible for finance, enter into direct negotiations with a selected contractor for completion of a particular project. 
	
	(2) The Board shall also put to public tender any major disposal of Government property contemplated by any Government department, and in doing so shall follow with necessary modifications the following provisions of these Regulations. 

5 Procedure for tender 

	(1) The Board shall notify the public of any project which is put to tender, provide such specifications, conditions and other information as may reasonably be required by any member of the public and shall invite tenders for the completion of such a project. 
	
	(2) 'The Board shall advertise a closing date and time for receipt of tenders, which shall normally not be earlier than 3 weeks from the advertising of the tender. 
	
	(3) The Board may fix a fee by way of deposit for documents prepared for the use of tenderers. 
	
	(4) The Board shall consider all tenders received by the closing date advertised but may ask any tenderer for further details thereafter. 

6 Recommendations to Minister 

	(1) After consideration of tenders or after negotiation as aforesaid as the case may be, the Board shall as soon as practicable make a recommendation to the Minister responsible for the project, but the Minister shall not be bound by the recommendation of the Board in awarding any contract. 
	
	(2) The Board may recommend that none of the tenders be accepted, that the project be undertaken by the Public Works Division or otherwise as the Board thinks fit. 

	(3) The Board shall not by any means publicly commit the Government to the acceptance of any tender nor shall its decisions have the effect of creating legal relations between the Government and any other person. 
	
	(4) Subject to the foregoing provisions the Board may at the discretion of the Minister responsible for finance notify tenderers of the recommendation made by the Board on any project and the reasons therefor. 

7 Proceedings of Board 

	(1) The quorum for a meeting of the Board shall be 3 members including the Chairman or alternate Chairman. 

(2) Decisions of the Board shall be by majority vote to those present, including the Secretary and Chairman: 

Provided that in the event of an equality of votes the Chairman shall have an additional casting vote. 

	(3) Proceedings of the Board, including the contents of all tenders, shall be confidential, but subject to the provision of regulation 6(4). 
	
	(4) The Board may invite a tenderer or any other person to attend any meeting either to answer questions or give advice. 

8 Register of contractors 

The Board may create a register of building and works contractors and may provide that only contractors so registered may tender for any projects. 
____________
ENDNOTES 
1 LN 10/1979