Act No. 5 of 2016 - Trinidad and Tobago Parliament

1 BILLANACTto amend the Public Procurement and Disposalof Public Property Act, 2015[Assented to 17th June, 2016 ]ENACTEDby the Parliament of Trinidad and Tobago Act may be cited as the Public Procurementand Disposal of Public Property (Amendment) Act, this Act, the Act means the PublicProcurement and Disposal of Public Property Act, 2015. EnactmentShort titleInterpretationAct No. 1 of 2015 First Session Eleventh Parliament Republic of Trinidad and TobagoREPUBLIC OF Trinidad AND TOBAGOAct No. 5 of 2016 [ ]Legal Supplement Part A to the Trinidad and Tobago Gazette , Vol. 55,No. 77, 23rd June, 12 of the Act is amended Public Procurement and Disposal of Public PropertyAct, 2015(a)in paragraph (f), by deleting the word or ;(b)in paragraph (g), by deleting the full-stopat the end of the paragraph and insertingthe words ; or ;(c)by inserting the following new paragraph: (h)has traded with the Governmentwithout the prior approval of theMinister.

2 ;(d)by renumbering section 12 as section 12(1);and(e)by inserting after section 12(1), as renumbered, the following new subsection: (2)For the purposes of this section, a member trades with theGovernment if, while holding office, hebecomes a party to, or is a partner in afirm or a director or manager of a company which to his knowledgebecomes a party to any contract with theGovernment for or on behalf of the public service.. 24(4) of the Act is amended by insertingafter the word respectively , in the second place whereit occurs, the words and the report shall be referred forthwith to the Public Accounts Committee . 50 of the Act is amended by inserting aftersubsection (12), following subsection: (13)The suspension of procurement proceedingsunder subsection (4)(a)shall belifted immediately upon the issuance of thedecision of the Office under subsection (11).

3 Section 12amendedSection 24amendedSection 50amended24No. 5 Public Procurement and Disposal of Public Property2016(Amendment) Act is amended by inserting after section 51,the following new sections:51A. The Public Procurement ReviewBoard, hereinafter referred to as the Review Board , is hereby established toreview decisions made by the Office. 51B. The Review Board shall comprise (a)a retired judge, who shall bethe chairman;(b)a registered engineer with at least ten years experience in matters relating to procurement; and(c)a chartered accountant or quantity surveyor with at least ten years experience in matters relating to procurement. 51C. (1) The members of the ReviewBoard shall be appointed by the President,after consultation with the Prime Ministerand the Leader of the Opposition, for aperiod of three years.

4 (2) The name of each member of theReview Board as first constituted andevery change in the membership of theBoard thereafter shall be published in theGazette. 51D. A member of the Review Board mayresign his office by letter addressed to thePresident. Sections 51 Ato 51 Minserted Establishmentof PublicProcurementReview BoardCompositionof ReviewBoardAppointment ofmembers ofReview BoardResignation ofmember ofReview BoardNo. 5 Public Procurement and Disposal of Public Property201625(Amendment)51E. The President may remove a member of the Review Board from officeupon being satisfied that the member (a)is declared to be bankrupt;(b)is incapable of performing theduties of a member;(c)has neglected his duties or hasengaged in conduct that wouldbring his office into disrepute;(d)has been absent, without leaveof the Review Board, from threeconsecutive meetings of theBoard;(e)has been convicted of an offenceinvolving dishonesty;(f)has been convicted of an offenceunder the Integrity in PublicLife Act; (g)has been convicted of an offencepunishable by imprisonmentfor at least one year; or(h)has been convicted of an offenceunder this Act.

5 51F. The Minister may makeRegulations, subject to negative resolutionof Parliament , with respect to staffing,remuneration, funding and other operational matters of the Review Board. 51G. (1) A procuring entity or any otherperson who is entitled to be given anopportunity to make representationsunder section 50(1) or 51(1), may requestthe Review Board to review the order ordecision of the Office made under section 50(4) or 50(10).Request forreviewMinister tomakeRegulations foroperation ofReview BoardRemoval ofmember ofReview Board26No. 5 Public Procurement and Disposal of Public Property2016(Amendment)(2) A request for a review shall bemade within twenty-one days of the making of the order or decision. (3) A request for a review shall beaccompanied by the prescribed fee. (4) The right to request a reviewunder this section is in addition to anyother legal remedy available to a person.

6 51H. The Review Board may dismiss arequest for a review if it is of the opinionthat the request is frivolous or vexatious. 51I. The Review Board shall meet toconduct a review within twenty-one days ofreceiving the request for a review. 51J. The parties to a review shall be (a)the person who requests thereview;(b)the relevant procuring entity;and(c)such other person who has aninterest in the order or decisionof the Office, as the ReviewBoard may The Review Board shall completeits review within twenty-eight days ofreceiving the request for the review. 51L. Upon completing a review, theReview Board may (a)confirm, vary or overturn thedecision of the Office; and(b)order the payment of costs asbetween parties to the review. Frivolous orvexatiousrequestTime limit forreviewParty to areviewTime forcompletion ofreviewOutcome ofreviewNo.

7 5 Public Procurement and Disposal of Public Property201627(Amendment)51M. A party to a review may appealagainst the decision of the Review Board tothe High Court within twenty-eight days ofthe making of the decision.. Act is amended by inserting after section 57,the following Part: PART VIADISPOSAL OFSTATELANDS57A. (1) Notwithstanding the StateLands Act and any other written law to thecontrary, the Minister may makeRegulations in respect of the disposal of (a)State Lands;(b)real property owned by theGovernment;(c)real property owned by State-controlled enterprises; and(d)real property owned by a statutory body, responsibility forwhich is assigned to a Ministerof Government. (2) Regulations made under thissection shall be subject to negative resolution of Parliament ..Passed in the House of Representatives this 20th dayof May, SAMPSON-MEIGUELC lerk of the HousePassed in the Senate this 8th day of June, CAESARC lerk of the Senate (Ag.)

8 Part VIAinsertedDisposal ofState LandChap. 57:01 Appeal fromReview BoardPRINTED BY THEGOVERNMENTPRINTER, CARONIREPUBLIC OFTRINIDAD ANDTOBAGO 201628No. 5 Public Procurement and Disposal of Public Property2016(Amendment)