157 tal-1993

L.N. 157 of 1993

LOCAL COUNCILS ACT. 1993

(ACT NO. XV 0.' 1993)

Loal Coundb (TtIIdniD&) Jt~dons. 1993

IN eKercise of Ille powers ooroferrcd by order 38 of the Standinl

Orders contained in the Sitlll Schedule to the Loc:aI Councils ..... CI ,

1993 and by KClion n of Ille $aid ..... .:t. the Prime Minister bas made

the following regulations

PART I

I. These regulations may he ci ted as the Local Councils a .. ,"""

(Tendering) Regulations. 1993,

In these regulations. unIesii the OORtcJl:l otherwise requires -

-ACI ~

means the Local Councils ..... .:t, 1993;

Mbid bond" means the lender guaranlee which a tenciercr

will be required 10 submit in favour of the Council in accordance

wilh the Tendering l'roee<Iures;

Moonlrac:tor" mC&1l$ the person o r persons whose tcndcr has

been accepted by the Tcnder Commillce;

"Tender Committee" means the Council itself, o r. if a

oommillce is appointed 10 process, cval uate and adjudicate a

Icnder in accordance wilh subsection (2) of 5CCI.ion 4{) of the

ACI, such appoi nted committee;

" tende r sum" means the total sum tendered by a oontractor

for any contract of works, se rviocs, materia ls or suppli es;

"Tcndering l'roee<Iures" means the Local Councils

Tendering Procedures issued by th,e Mln.istcr to be foll~~ .by

Councils in the execution of thclr dutlcs and responSI bIlitIes

under the ACI and in accordance with th ese fClul ations.

PART 11

Ttmkring

(I) Prior to a public call for tenden for worlu, seTVice$,

materials or su ppl ics, t he Secretary shall ensurc tbat

(a) the proposed works, se rvices, malcrials or su pplics

fonn pan of the Cou ncil's business plan and arc in accordance

with the lenns of such business plan as stipulated in section ~

of the ACI ;

(b) the p~ expenditure: is provided fOT and is in

aooordaooe witb the Council's appro~ed estimates of inrome and

UpendilUn:. and complies with 5el:tions 56 and 61 of the Act ;

(c)

there are adequate funds available 10 meet the

proposed or expected expenditure;

the Council 1'111$ authorised the expenditure.

(d)

(2) UnlCS$ otherwise provided for in the Act or the Local

Councils (Financial) Regulations, 1993 a eaJl for lenders shall be

issued when the Council requires woru, services, materials or

supplies in connection with tile ucal1ion of ill functions.

A call for Icndcn shall be required if the proposed or

E'.qIndino< IioIk

expected eIpendilun: exceed$ Ihe limits defined in rcgulation 24 or

falls under the provisions of I"C'gubuion 4) , of Ihe Local Councils

(Financial) Regulations, 1993.

shall

Every

call

for

tenders

follow

Tendering

tile

Procedures.

Ii. The Council may require that ew:ry tenderer provides a bid

bond, to be submitted with the lender offer.

PA RT III

A. "'<I,d of fmden

The Secretary log~thcr with two Councillors appointed by

Council shall open in public the tenders submitted following a call

for tenders iswcd in accordance with section 40 of the Act and make

out a IIChcduJc of all tenders received.

I. The Tender Committee shall euminc and adjudkate all

Fs . 1 . . .

tenders submitted in accordance with Jection 40 of the Act.

A ........ of_.

(1) The Tender Comminec shall decide OD the award of

lende r, and the Scactary shall publish !be Committee's decision

accordin, to paragraph (c) of rubsectioo (2) of section 40 of the Act.

(2) The Secretary shall issue a letter of acc:cptancc to lhe

tenderer whose: tender has been accepted.

PART IV

CONf"flClJ

Within seven days from the letter of acceptance, or within

$uch IonJCr pl'riod as tile Tender Committee may in ueeptional

circumstances decide, the contractor shall provKlc the bonds.

auaranlces or insu rances required under the Tendering Procedures.

A contract agreement shall then be siancd between the

Council and the contractor .