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These Regulations may be cited as the Procurement (Amendment) Regulations, 2021.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Amendment of regulation 2 of the Procurement Regulations, 2018 - definitions 2. The Procurement Regulations, 2018, in these Regulations referred to as the \u201cprincipal Regulations\u201d, are amended in regulation 2 as follows \u2014 (a) by inserting the following definition in the appropriate alphabetical sequence \u2014 \u201capproved business case\u201d means a business case which has been reviewed and approved in accordance with regulation 3(3); and (b) by repealing the definition of \u201cbusiness case\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of regulation 3 - project appraisal and business case requirement 3. The principal Regulations are amended in regulation 3 as follows \u2014 Regulation 3 Procurement (Amendment) Regulations, 2021 SL 66 of 2021 (a) by repealing paragraph (3) and substituting the following paragraph \u2014 \u201c(3) The appraisal process shall be conducted and the business case shall be prepared in accordance with the following requirements \u2014 (a) where a procurement project is less than one hundred thousand dollars in value, a business case is not required, and \u2014 (i) a purchase requisition shall be submitted in the format specified by the Chief Officer or the Chief Executive Officer, or the respective delegate of the Chief Officer or the Chief Executive Officer; and (ii) the requisition or purchase order shall be authorized by the Chief Financial Officer or the Chief Financial Officer\u2019s delegate; (b) where a procurement project is one hundred thousand dollars or greater in value but less than two hundred and fifty thousand dollars \u2014 (i) a written business case shall be submitted in a format specified by the Chief Officer or Chief Executive Officer of the initiating entity; (ii) the business case shall be submitted for review to the Entity Procurement Committee by the Head of Department; (iii) the Chief Officer or Chief Executive Officer, on the advice of the Entity Procurement Committee and supported by the written business case review, may initiate procurement, in line with the approved business case and all appendices; (iv) the business case review conducted by the Entity Procurement Committee shall be recorded in a format specified by the Director of the Central Procurement Office; and (v) the business case shall be retained in a file in the entity along with the procurement file; (c) where a procurement project is two hundred and fifty thousand dollars or greater in value but less than ten million dollars in value \u2014 (i) a written business case shall be prepared in the format specified by the Director of the Central Procurement Office; Procurement (Amendment) Regulations, 2021 Regulation 3 SL 66 of 2021 (ii) a written local impact assessment shall be prepared in the format specified by the Central Procurement Office and shall be appended to the business case; (iii) the business case and the local impact assessment shall be submitted to the Entity Procurement Committee for review; (iv) the business case review conducted by the Entity Procurement Committee shall be recorded in the format specified by the Director of the Central Procurement Office; (v) the Chief Officer or Chief Executive Officer, on the advice of the Entity Procurement Committee and supported by the written business case review, may authorize procurement to proceed in line with the business case including all appendices; and (vi) the business case and all supporting documentation shall be retained by the entity; (d) where a procurement project is ten million dollars in value or greater or is deemed to be high risk by the Chief Officer of the Ministry of Finance \u2014 (i) a written business case shall be prepared in a format specified by the Director of the Central Procurement Office; (ii) a written local impact assessment shall be prepared in the format specified by the Central Procurement Office and shall be appended to the business case; (iii) a written industry consultation report shall be submitted in the format specified by the Central Procurement Office and shall be appended to the business case; (iv) the business case and all appendices shall be submitted for review to the Public Sector Investment Committee, hereinafter referred to as the \u201cPSIC\u201d, by the Chief Officer or Chief Executive Officer; (v) following a review of the business case and all the required documentation, the PSIC shall assess the overall viability of the project and make recommendations to Cabinet as to whether or not the project should proceed as proposed; Regulation 4 Procurement (Amendment) Regulations, 2021 SL 66 of 2021 (vi) the PSIC report containing the recommendations shall be submitted to Cabinet by the Chief Officer or Chief Executive Officer; (vii) following consideration of the PSIC report referred to in subsubparagraph (vi), together with all of the submissions of the Chief Officer or Chief Executive Officer, the Cabinet shall determine whether the project receives its approval or not and provide notification of its decision; (viii) following notification of the Cabinet\u2019s decision, if the Cabinet has approved the project, a copy of the Cabinet\u2019s approval, the business case and all appendices shall be forwarded to the Public Procurement Committee by the Chief Officer; (ix) approval by the Cabinet shall serve as authorization for the Chief Officer to proceed with project initiation, in line with the business case or any amendments requested by the Cabinet; and (x) the business case and all supporting documentation shall be retained by the entity.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Amendment of regulation 5 - direct award process 4. The principal Regulations are amended in regulation 5 as follows \u2014 (a) in paragraph (1) \u2014 (i) by inserting after the word \u201cwhere\u201d the words \u201cone or more of the following are met\u201d; and (ii) by repealing subparagraph (l); (b) in paragraph (3), by repealing subparagraphs (b) and (c) and substituting the following subparagraphs \u2014 \u201c(b) with a procurement value of between one hundred thousand dollars and two hundred and fifty thousand dollars requires the endorsement of the Entity Procurement Committee prior to submission for approval to the Chief Officer or Chief Executive Officer; and (c) with a procurement value over two hundred and fifty thousand dollars, requires the endorsement of the Public Procurement Committee prior to submission for approval to the Chief Officer or Chief Executive.\u201d. Procurement (Amendment) Regulations, 2021 Regulation 5 SL 66 of 2021\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Amendment of regulation 6 - public notice of opportunity 5. The principal Regulations are amended in regulation 6(1) by inserting after the word \u201cOffice\u201d the words \u201cexcept where restricted tendering is used in accordance with regulation 7(2)\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Repeal and substitution of regulation 7 - competitive procurement methods 6. The principal Regulations are amended by repealing regulation 7 and substituting the following regulation \u2014 \u201cCompetitive procurement methods\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"(1) Subject to paragraph (2), an entity shall conduct a competitive procurement process by means of one of the following methods of procurement as specified in the policy of the Central Procurement Office \u2014 (a) request for quotations; (b) request for proposals without negotiation; (c) two-stage tendering; (d) requests for proposals with dialogue; (e) request for proposals with consecutive negotiations; and (f) competitive negotiations. (2) An entity shall conduct procurement by means of open tendering except when restricted tendering can be justified where \u2014 (a) the subject matter of the procurement, by reason of its highly complex or specialized nature, is available only from a limited number of suppliers or contractors; or (b) the value of the procurement is below one hundred thousand dollars and a minimum of three quotes are available from local suppliers. (3) Where restricted tendering is used in accordance with paragraph (2)(a), it shall be preceded by pre-qualification proceedings as specified by regulation 8. (4) An entity shall conduct procurement under this regulation in accordance with the policy and procedures established by the Central Procurement Office. (5) A procuring entity may use a method of procurement in accordance with paragraphs (6) through (11). (6) A procuring entity may engage in procurement by means of a request for quotations \u2014 Regulation 6 Procurement (Amendment) Regulations, 2021 SL 66 of 2021 (a) for the procurement of readily available goods or services that are not uniquely designed, produced or provided to a particular description of the procuring entity; and (b) for which there is an established and competitive market. (7) A procuring entity may engage in procurement by means of a request for proposals without negotiation \u2014 (a) where the procuring entity needs to consider the financial aspects of proposals separately; and (b) only after completion of examination and evaluation of the technical, qualitative and performance characteristics of the proposals. (8) A procuring entity may engage in procurement by means of twostage tendering where \u2014 (a) the procuring entity assesses that discussions with suppliers or contractors are needed to refine aspects of the description of the subject matter of the procurement and to formulate them with the detail required, and in order to allow the procuring entity to obtain the most satisfactory solution to its procurement needs; or (b) tendering was engaged in but no bids were presented or the procurement was cancelled by the entity and, in the judgement of the Chief Officer or Chief Executive Officer, engaging in new open tendering or other procurement method would be unlikely to result in a procurement contract. (9) A procuring entity may engage in procurement by means of a request for proposals with dialogue where \u2014 (a) it is not feasible for the procuring entity to formulate a detailed description of the subject matter of the procurement and the procuring entity assesses that dialogue with suppliers or contractors is needed to obtain the most satisfactory solution to its procurement needs; (b) the procuring entity seeks to enter into a contract for the purpose of research, experiment, study or development, except where the contract includes the production of items in quantities sufficient to establish their commercial viability or to recover research and development costs; (c) the procuring entity determines that the selected method is the most appropriate method of procurement for the protection of essential security interests of the Islands; or Procurement (Amendment) Regulations, 2021 Regulation 7 SL 66 of 2021 (d) open tendering was engaged in but no bids were presented or the procurement was cancelled by the procuring entity and, in the opinion of the Chief Officer or Chief Executive Officer, engaging in new open tendering or any other procurement method would be unlikely to result in a procurement contract. (10) A procuring entity may engage in procurement by means of request for proposals with consecutive negotiations where the procuring entity \u2014 (a) needs to consider the financial aspects of proposals separately and only after completion of examination and evaluation of the technical, qualitative and performance characteristics of the proposal; and (b) determines that consecutive negotiations with suppliers or contractors are needed to ensure that the financial terms and conditions of the procurement contract are acceptable to the entity. (11) A procuring entity may engage in competitive negotiations where the procuring entity determines that the use of any other competitive method of procurement is not appropriate for the protection of essential security interests of the Islands. (12) A procuring entity may include an electronic reverse auction in a procurement method listed in paragraph (1) under the following conditions \u2014 (a) it is feasible for the procuring entity to formulate a detailed description of the subject matter of the procurement; (b) there is a competitive market of suppliers or contractors and it is anticipated that the suppliers or contractors will qualify to participate in the electronic reverse auction thereby ensuring effective competition; and (c) the criteria to be used by the procuring entity in determining the successful submission are quantifiable.\u201d. 7. Amendment of regulation 8 - pre-qualification 7. The principal Regulations are amended in regulation 8(2) by repealing subparagraphs (a) and (b).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Amendment of regulation 13- competitive process and management 8. The principal Regulations are amended in regulation 13 by inserting after paragraph (7) the following paragraph \u2014 \u201c(8) Bids with an estimated value of over two hundred and fifty thousand dollars, which are submitted through the electronic procurement Regulation 9 Procurement (Amendment) Regulations, 2021 SL 66 of 2021 system which is designated by the Central Procurement Office, shall be opened by the Director of the Central Procurement Office or the delegate of the Director of the Central Procurement Office.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Amendment of regulation 14 - procurement documentation 9. The principal Regulations are amended in regulation 14(2) by repealing subparagraphs (a) to (e) and substituting the following subparagraphs \u2014 \u201c(a) the approved copy of all issued competition documents; (b) the business case, together with evidence of all necessary approvals; (c) all communications with bidders or potential bidders; (d) every addendum issued;\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Amendment of regulation 17- debriefing bidders 10. The principal Regulations are amended in regulation 17 as follows \u2014 (a) by deleting the words \u201c(1) An entity shall provide\u201d and substituting the words \u201cAn entity shall provide\u201d; (b) in subparagraph (d), by deleting the word \u201cand\u201d appearing at the end of the subparagraph; (c) in subparagraph (e), by deleting the full stop appearing at the end of the subparagraph and substituting the words \u201c; and\u201d; and (d) by inserting after subparagraph (e), the following subparagraph \u2014 \u201c(f) that the request by the unsuccessful bidder was made within five business days of notification that the unsuccessful bidder\u2019s bid was not accepted.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Repeal and substitution of regulation 18 - complaints 11. The principal Regulations are amended by repealing regulation 18 and substituting the following regulation \u2014 \u201cComplaints\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Within five business days of debriefing in accordance with regulation 17, a bidder may file a complaint regarding the administration of the procurement process using the established complaints process of the entity concerned.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Amendment of regulation 19 - publication of contract award 12. The principal Regulations are amended in regulation 19(3) by repealing the words \u201cParagraph (1) is\u201d and substituting the words \u201cParagraphs (1) and (2) are\u201d. Procurement (Amendment) Regulations, 2021 Regulation 13 SL 66 of 2021 13. Amendment of regulation 20 - Cayman Islands economic development preference 13. The principal Regulations are amended in regulation 20 as follows \u2014 (a) by repealing the header and substituting the following header \u2014 \u201cEconomic development preference of the Islands\u201d; and (b) in paragraph (2), as follows \u2014 (i) by repealing the chapeau and substituting the following chapeau \u2014 \u201cFor all procurement projects with a value of two hundred and fifty thousand dollars or greater, an entity shall, where the project is not restricted to local suppliers \u2014\u201d; and (ii) in subparagraph (c), by deleting the words \u201can entity shall\u201d. Made in Cabinet the 21st day of September, 2021. 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2021\nPage 3\n\nCAYMAN ISLANDS\n\nProcurement Act, 2016\n(Act 47 of 2016)\nPROCUREMENT (AMENDMENT)\nREGULATIONS, 2021\n(SL 66 of 2021)\nArrangement of Regulations\nRegulation\nPage\n1.\nCitation ......................................................................................................................................5\n2.\nAmendment of regulation 2 of the Procurement Regulations, 2018 - definitions .........................5\n3.\nAmendment of regulation 3 - project appraisal and business case requirement .........................5\n4.\nAmendment of regulation 5 - direct award process ....................................................................8\n5.\nAmendment of regulation 6 - public notice of opportunity ...........................................................9\n6.\nRepeal and substitution of regulation 7 - competitive procurement methods ..............................9\n7.\nAmendment of regulation 8 - pre-qualification .......................................................................... 11\n8.\nAmendment of regulation 13- competitive process and management ...................................... 11\n9.\nAmendment of regulation 14 - procurement documentation ..................................................... 12\n10.\nAmendment of regulation 17- debriefing bidders ...................................................................... 12\n11.\nRepeal and substitution of regulation 18 - complaints .............................................................. 12\n12.\nAmendment of regulation 19 - publication of contract award .................................................... 12\n13.\nAmendment of regulation 20 - Cayman Islands economic development preference ................. 13\n\nProcurement (Amendment) Regulations, 2021\nRegulation 1\n\nc\nSL 66 of 2021\nPage 5\n\nCAYMAN ISLANDS\n\nProcurement Act, 2016\n(Act 47 of 2016)\nPROCUREMENT (AMENDMENT)\nREGULATIONS, 2021\n(SL 66 of 2021)\nIn exercise of the powers conferred by sections 13 and 20 of the Procurement Act, 2016,\nthe Cabinet makes the following Regulations \u2014\n1.\nCitation\n1.\nThese Regulations may be cited as the Procurement (Amendment) Regulations, 2021.\n2.\nAmendment of regulation 2 of the Procurement Regulations, 2018 -\ndefinitions\n2.\nThe Procurement Regulations, 2018, in these Regulations referred to as the \u201cprincipal\nRegulations\u201d, are amended in regulation 2 as follows \u2014\n(a)\nby inserting the following definition in the appropriate alphabetical\nsequence \u2014\n\u201capproved business case\u201d means a business case which has been\nreviewed and approved in accordance with regulation 3(3); and\n(b) by repealing the definition of \u201cbusiness case\u201d.\n3.\nAmendment of regulation 3 - project appraisal and business case\nrequirement\n3.\nThe principal Regulations are amended in regulation 3 as follows \u2014\n\nRegulation 3\nProcurement (Amendment) Regulations, 2021\n\nPage 6\nSL 66 of 2021\nc\n\n(a)\nby repealing paragraph (3) and substituting the following paragraph \u2014\n\u201c(3) The appraisal process shall be conducted and the business case shall\nbe prepared in accordance with the following requirements \u2014\n(a)\nwhere a procurement project is less than one hundred thousand\ndollars in value, a business case is not required, and \u2014\n(i)\na purchase requisition shall be submitted in the format\nspecified by the Chief Officer or the Chief Executive\nOfficer, or the respective delegate of the Chief Officer or\nthe Chief Executive Officer; and\n(ii) the requisition or purchase order shall be authorized by the\nChief Financial Officer or the Chief Financial Officer\u2019s\ndelegate;\n(b) where a procurement project is one hundred thousand dollars or\ngreater in value but less than two hundred and fifty thousand\ndollars \u2014\n(i)\na written business case shall be submitted in a format\nspecified by the Chief Officer or Chief Executive Officer\nof the initiating entity;\n(ii) the business case shall be submitted for review to the\nEntity Procurement Committee by the Head of\nDepartment;\n(iii) the Chief Officer or Chief Executive Officer, on the advice\nof the Entity Procurement Committee and supported by\nthe\nwritten\nbusiness\ncase\nreview,\nmay\ninitiate\nprocurement, in line with the approved business case and\nall appendices;\n(iv) the business case review conducted by the Entity\nProcurement Committee shall be recorded in a format\nspecified by the Director of the Central Procurement\nOffice; and\n(v) the business case shall be retained in a file in the entity\nalong with the procurement file;\n(c)\nwhere a procurement project is two hundred and fifty thousand\ndollars or greater in value but less than ten million dollars in\nvalue \u2014\n(i)\na written business case shall be prepared in the format\nspecified by the Director of the Central Procurement\nOffice;\n\nProcurement (Amendment) Regulations, 2021\nRegulation 3\n\nc\nSL 66 of 2021\nPage 7\n\n(ii) a written local impact assessment shall be prepared in the\nformat specified by the Central Procurement Office and\nshall be appended to the business case;\n(iii) the business case and the local impact assessment shall be\nsubmitted to the Entity Procurement Committee for\nreview;\n(iv) the business case review conducted by the Entity\nProcurement Committee shall be recorded in the format\nspecified by the Director of the Central Procurement\nOffice;\n(v) the Chief Officer or Chief Executive Officer, on the advice\nof the Entity Procurement Committee and supported by\nthe written business case review, may authorize\nprocurement to proceed in line with the business case\nincluding all appendices; and\n(vi) the business case and all supporting documentation shall\nbe retained by the entity;\n(d) where a procurement project is ten million dollars in value or\ngreater or is deemed to be high risk by the Chief Officer of the\nMinistry of Finance \u2014\n(i)\na written business case shall be prepared in a format\nspecified by the Director of the Central Procurement\nOffice;\n(ii) a written local impact assessment shall be prepared in the\nformat specified by the Central Procurement Office and\nshall be appended to the business case;\n(iii) a written industry consultation report shall be submitted in\nthe format specified by the Central Procurement Office\nand shall be appended to the business case;\n(iv) the business case and all appendices shall be submitted for\nreview to the Public Sector Investment Committee,\nhereinafter referred to as the \u201cPSIC\u201d, by the Chief Officer\nor Chief Executive Officer;\n(v) following a review of the business case and all the\nrequired documentation, the PSIC shall assess the overall\nviability of the project and make recommendations to\nCabinet as to whether or not the project should proceed as\nproposed;\n\nRegulation 4\nProcurement (Amendment) Regulations, 2021\n\nPage 8\nSL 66 of 2021\nc\n\n(vi) the PSIC report containing the recommendations shall be\nsubmitted to Cabinet by the Chief Officer or Chief\nExecutive Officer;\n(vii) following consideration of the PSIC report referred to in\nsubsubparagraph (vi), together with all of the submissions\nof the Chief Officer or Chief Executive Officer, the\nCabinet shall determine whether the project receives its\napproval or not and provide notification of its decision;\n(viii) following notification of the Cabinet\u2019s decision, if the\nCabinet has approved the project, a copy of the Cabinet\u2019s\napproval, the business case and all appendices shall be\nforwarded to the Public Procurement Committee by the\nChief Officer;\n(ix) approval by the Cabinet shall serve as authorization for\nthe Chief Officer to proceed with project initiation, in line\nwith the business case or any amendments requested by\nthe Cabinet; and\n(x) the business case and all supporting documentation shall\nbe retained by the entity.\u201d.\n4.\nAmendment of regulation 5 - direct award process\n4.\n The principal Regulations are amended in regulation 5 as follows \u2014\n(a)\nin paragraph (1) \u2014\n(i)\nby inserting after the word \u201cwhere\u201d the words \u201cone or more of the\nfollowing are met\u201d; and\n(ii) by repealing subparagraph (l);\n(b) in paragraph (3), by repealing subparagraphs (b) and (c) and substituting\nthe following subparagraphs \u2014\n\u201c(b) with a procurement value of between one hundred thousand\ndollars and two hundred and fifty thousand dollars requires the\nendorsement of the Entity Procurement Committee prior to\nsubmission for approval to the Chief Officer or Chief Executive\nOfficer; and\n(c)\nwith a procurement value over two hundred and fifty thousand\ndollars, requires the endorsement of the Public Procurement\nCommittee prior to submission for approval to the Chief Officer\nor Chief Executive.\u201d.\n\nProcurement (Amendment) Regulations, 2021\nRegulation 5\n\nc\nSL 66 of 2021\nPage 9\n\n5.\nAmendment of regulation 6 - public notice of opportunity\n5.\nThe principal Regulations are amended in regulation 6(1) by inserting after the word\n\u201cOffice\u201d the words \u201cexcept where restricted tendering is used in accordance with\nregulation 7(2)\u201d.\n6.\nRepeal and substitution of regulation 7 - competitive procurement methods\n6.\nThe principal Regulations are amended by repealing regulation 7 and substituting the\nfollowing regulation \u2014\n\u201cCompetitive procurement methods\n7.\n(1) Subject to paragraph (2), an entity shall conduct a competitive\nprocurement process by means of one of the following methods of\nprocurement as specified in the policy of the Central Procurement\nOffice \u2014\n(a)\nrequest for quotations;\n(b) request for proposals without negotiation;\n(c)\ntwo-stage tendering;\n(d) requests for proposals with dialogue;\n(e)\nrequest for proposals with consecutive negotiations; and\n(f)\ncompetitive negotiations.\n(2) An entity shall conduct procurement by means of open tendering\nexcept when restricted tendering can be justified where \u2014\n(a)\nthe subject matter of the procurement, by reason of its highly\ncomplex or specialized nature, is available only from a limited\nnumber of suppliers or contractors; or\n(b) the value of the procurement is below one hundred thousand\ndollars and a minimum of three quotes are available from local\nsuppliers.\n(3) Where restricted tendering is used in accordance with paragraph\n(2)(a), it shall be preceded by pre-qualification proceedings as\nspecified by regulation 8.\n(4) An entity shall conduct procurement under this regulation in\naccordance with the policy and procedures established by the Central\nProcurement Office.\n(5) A procuring entity may use a method of procurement in accordance\nwith paragraphs (6) through (11).\n(6) A procuring entity may engage in procurement by means of a request\nfor quotations \u2014\n\nRegulation 6\nProcurement (Amendment) Regulations, 2021\n\nPage 10\nSL 66 of 2021\nc\n\n(a)\nfor the procurement of readily available goods or services that\nare not uniquely designed, produced or provided to a particular\ndescription of the procuring entity; and\n(b) for which there is an established and competitive market.\n(7) A procuring entity may engage in procurement by means of a request\nfor proposals without negotiation \u2014\n(a)\nwhere the procuring entity needs to consider the financial\naspects of proposals separately; and\n(b) only after completion of examination and evaluation of the\ntechnical, qualitative and performance characteristics of the\nproposals.\n(8) A procuring entity may engage in procurement by means of twostage tendering where \u2014\n(a)\nthe procuring entity assesses that discussions with suppliers or\ncontractors are needed to refine aspects of the description of the\nsubject matter of the procurement and to formulate them with\nthe detail required, and in order to allow the procuring entity to\nobtain the most satisfactory solution to its procurement needs;\nor\n(b) tendering was engaged in but no bids were presented or the\nprocurement was cancelled by the entity and, in the judgement\nof the Chief Officer or Chief Executive Officer, engaging in\nnew open tendering or other procurement method would be\nunlikely to result in a procurement contract.\n(9) A procuring entity may engage in procurement by means of a request\nfor proposals with dialogue where \u2014\n(a)\nit is not feasible for the procuring entity to formulate a detailed\ndescription of the subject matter of the procurement and the\nprocuring entity assesses that dialogue with suppliers or\ncontractors is needed to obtain the most satisfactory solution to\nits procurement needs;\n(b) the procuring entity seeks to enter into a contract for the purpose\nof research, experiment, study or development, except where\nthe contract includes the production of items in quantities\nsufficient to establish their commercial viability or to recover\nresearch and development costs;\n(c)\nthe procuring entity determines that the selected method is the\nmost appropriate method of procurement for the protection of\nessential security interests of the Islands; or\n\nProcurement (Amendment) Regulations, 2021\nRegulation 7\n\nc\nSL 66 of 2021\nPage 11\n\n(d) open tendering was engaged in but no bids were presented or\nthe procurement was cancelled by the procuring entity and, in\nthe opinion of the Chief Officer or Chief Executive Officer,\nengaging in new open tendering or any other procurement\nmethod would be unlikely to result in a procurement contract.\n(10) A procuring entity may engage in procurement by means of request\nfor proposals with consecutive negotiations where the procuring\nentity \u2014\n(a)\nneeds to consider the financial aspects of proposals separately\nand only after completion of examination and evaluation of the\ntechnical, qualitative and performance characteristics of the\nproposal; and\n(b) determines that consecutive negotiations with suppliers or\ncontractors are needed to ensure that the financial terms and\nconditions of the procurement contract are acceptable to the\nentity.\n(11) A procuring entity may engage in competitive negotiations where the\nprocuring entity determines that the use of any other competitive\nmethod of procurement is not appropriate for the protection of\nessential security interests of the Islands.\n(12) A procuring entity may include an electronic reverse auction in a\nprocurement method listed in paragraph (1) under the following\nconditions \u2014\n(a)\nit is feasible for the procuring entity to formulate a detailed\ndescription of the subject matter of the procurement;\n(b) there is a competitive market of suppliers or contractors and it\nis anticipated that the suppliers or contractors will qualify to\nparticipate in the electronic reverse auction thereby ensuring\neffective competition; and\n(c)\nthe criteria to be used by the procuring entity in determining the\nsuccessful submission are quantifiable.\u201d.\n7.\nAmendment of regulation 8 - pre-qualification\n7.\nThe principal Regulations are amended in regulation 8(2) by repealing subparagraphs\n(a) and (b).\n8.\nAmendment of regulation 13- competitive process and management\n8.\nThe principal Regulations are amended in regulation 13 by inserting after paragraph\n(7) the following paragraph \u2014\n\u201c(8) Bids with an estimated value of over two hundred and fifty thousand\ndollars, which are submitted through the electronic procurement\n\nRegulation 9\nProcurement (Amendment) Regulations, 2021\n\nPage 12\nSL 66 of 2021\nc\n\nsystem which is designated by the Central Procurement Office, shall\nbe opened by the Director of the Central Procurement Office or the\ndelegate of the Director of the Central Procurement Office.\u201d.\n9.\nAmendment of regulation 14 - procurement documentation\n9.\nThe principal Regulations are amended in regulation 14(2) by repealing\nsubparagraphs (a) to (e) and substituting the following subparagraphs \u2014\n\u201c(a) the approved copy of all issued competition documents;\n(b) the business case, together with evidence of all necessary\napprovals;\n(c)\nall communications with bidders or potential bidders;\n(d) every addendum issued;\u201d.\n10.\nAmendment of regulation 17- debriefing bidders\n10. The principal Regulations are amended in regulation 17 as follows \u2014\n(a)\nby deleting the words \u201c(1) An entity shall provide\u201d and substituting the\nwords \u201cAn entity shall provide\u201d;\n(b) in subparagraph (d), by deleting the word \u201cand\u201d appearing at the end of\nthe subparagraph;\n(c)\nin subparagraph (e), by deleting the full stop appearing at the end of the\nsubparagraph and substituting the words \u201c; and\u201d; and\n(d) by inserting after subparagraph (e), the following subparagraph \u2014\n\u201c(f) that the request by the unsuccessful bidder was made\nwithin five business days of notification that the\nunsuccessful bidder\u2019s bid was not accepted.\u201d.\n11.\nRepeal and substitution of regulation 18 - complaints\n11. The principal Regulations are amended by repealing regulation 18 and substituting\nthe following regulation \u2014\n\u201cComplaints\n18. Within five business days of debriefing in accordance with regulation 17,\na bidder may file a complaint regarding the administration of the\nprocurement process using the established complaints process of the entity\nconcerned.\u201d.\n12.\nAmendment of regulation 19 - publication of contract award\n12. The principal Regulations are amended in regulation 19(3) by repealing the words\n\u201cParagraph (1) is\u201d and substituting the words \u201cParagraphs (1) and (2) are\u201d.\n\nProcurement (Amendment) Regulations, 2021\nRegulation 13\n\nc\nSL 66 of 2021\nPage 13\n\n13.\nAmendment of regulation 20 - Cayman Islands economic development\npreference\n13. The principal Regulations are amended in regulation 20 as follows \u2014\n(a)\nby repealing the header and substituting the following header \u2014\n\u201cEconomic development preference of the Islands\u201d; and\n(b) in paragraph (2), as follows \u2014\n(i)\nby repealing the chapeau and substituting the following chapeau \u2014\n\u201cFor all procurement projects with a value of two hundred and fifty\nthousand dollars or greater, an entity shall, where the project is not\nrestricted to local suppliers \u2014\u201d; and\n(ii) in subparagraph (c), by deleting the words \u201can entity shall\u201d.\nMade in Cabinet the 21st day of September, 2021.\nKim Bullings\nClerk of the Cabinet","akn_extracted_at":"2026-06-22 15:43:54.543672+00","cms_id":"2021-0066","law_type":"amending","year":"2021","number":"66","title":"Procurement (Amendment) Regulations, 2021 (SL 66 of 2021)","status":"spent"},"provenance":{"files":[{"file_id":"6792","expr_id":"2011","kind":"akn_xml","filename":"2021-0066.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/AMENDING\/2021\/2021-0066\/2021-0066.akn.xml","content_md5":"502fa284cdf825fa51850f07d37df111","byte_size":"20656","http_last_modified":null,"fetched_at":"2026-06-22 15:43:54.612933+00"},{"file_id":"4021","expr_id":"2011","kind":"pristine_pdf","filename":"2021-0066.pdf","source_url":"\/cms\/images\/LEGISLATION\/AMENDING\/2021\/2021-0066\/2021-0066.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/AMENDING\/2021\/2021-0066\/2021-0066.pdf","content_md5":"b023280d513f1f08ec3f6321d88173b4","byte_size":"789249","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.159028+00"},{"file_id":"4022","expr_id":"2011","kind":"working_pdf","filename":"2021-0066.pdf","source_url":"\/cms\/images\/LEGISLATION\/AMENDING\/2021\/2021-0066\/2021-0066.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/AMENDING\/2021\/2021-0066\/2021-0066.pdf","content_md5":"b023280d513f1f08ec3f6321d88173b4","byte_size":"789249","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.159028+00"}],"paragraph_count":6,"latest_history":null},"quality":{"expr_id":"2011","doc_id":"2011","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"repeated line furniture detected: cayman islands x3; procurement act 2016 x3; act 47 of 2016 x3; duplicate-line ratio is 13.35%","assessed_at":"2026-06-22 15:29:46.612269+00","updated_at":"2026-06-22 15:29:46.612269+00"}}