Prevention, Control and Suppression of Covid-19 (Processions) Regulations, 2021

PROCUREMENT (AMENDMENT) BILL, A BILL FOR AN ACT TO AMEND THE PROCUREMENT ACT, 2016, IN ORDER TO ADDRESS DUPLICATION, INCONSISTENCIES AND GAPS BETWEEN THE PROCUREMENT ACT, 2016 AND OTHER LEGISLATION; AND FOR INCIDENTAL AND CONNECTED PURPOSES

PUBLISHING DETAILS Sponsoring Ministry/Portfolio: Ministry of Finance and Economic Development (FED)

Objects and Reasons

Memorandum of OBJECTS AND REASONS This Bill seeks to amend the Procurement Act, 2016, (the “principal Act”) in order to address duplication, inconsistencies and gaps between the principal Act and other legislation. Clause 1 provides the short title of the legislation. Clause 2 amends section 2 of the principal Act to provide for a definition of “business case”. Clause 3 amends Schedule 4 of the principal Act to make a change to the responsibilities of the Public Procurement Committee. Clause 4 amends Schedule 5 of the principal Act in relation to the minutes of the meetings of the Public Procurement Committee. Clause 5 amends Schedule 6 of the principal Act to amend the roles and functions of an entity procurement committee.

Arrangement of Clauses

Clause

Clause 1

A BILL FOR AN ACT TO AMEND THE PROCUREMENT ACT, 2016, IN ORDER TO ADDRESS DUPLICATION, INCONSISTENCIES AND GAPS BETWEEN THE PROCUREMENT ACT, 2016 AND OTHER LEGISLATION; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. Short title This Act may be cited as the Procurement (Amendment) Act, 2021. Amendment of section 2 of the Procurement Act, 2016 - interpretation The Procurement Act, 2016, in this Act referred to as the “principal Act”, is amended in section 2 by inserting, after the definition of the word “bidder”, the following definition — “ “business case” means a document that provides a justification for undertaking a project or programme, to support decision-making for an investment;”. Amendment of Schedule 4 - the responsibilities of the Public Procurement Committee The principal Act is amended in Schedule 4 as follows — (a) by repealing paragraph (a) and substituting the following paragraph —

Clause 4

“(a) ensuring that a business case has been produced and reviewed by the Entity Procurement Committee, and approved in accordance with the appropriate financial thresholds;”; and (b) by repealing paragraph (b). Amendment of Schedule 5 - meetings of the Public Procurement Committee The principal Act is amended in Schedule 5 as follows — (a) in paragraph (9), by deleting the word “Minutes” and substituting the word “minutes”; (b) in paragraph (10), by deleting the words “the meeting” and substituting the words “the approval of the minutes”; and in paragraph (11), by deleting the word “Minutes” wherever it occurs and substituting the word “minutes”. Amendment of Schedule 6 - roles and functions The principal Act is amended in Schedule 6 under the subheader “Role of the Entity Procurement Committees” in paragraph (2) as follows — (a) by deleting (b) and substituting the following “(b) ensuring that competition documents are reviewed prior to them being issued, in order to ensure that they are consistent with the relevant business case;”; and (b) by deleting (f) and substituting the following “(f) ensuring that the evaluation process is conducted in accordance with the terms and requirements of the competition documents;”.

Passed by the Parliament the day of , 2021.

Speaker

Clerk of the Parliament