REGULATIONS

The Financial Administration (Supplies) Regulations, 1963 Schedule

REGULATIONS (under sections 24, 35 & 50 (1))

The Financial Management (Ministries and Departments) Regulations, 1996

THE FINANCIAL ADMINISTRATION (SUPPLIES) REGULATIONS, 1963.

(Made by the Minister on the 7th day of June, 1963)

1. These Regulations may be cited as the Financial Administration (Supplies) Regulations, 1963.

2. In these Regulations -

"Chief Supply Officer" means such government officer as may for the time being be designated by the Minister, by notice in the Gazette, to be Chief Supply Officer;

"Government" means the Government of Jamaica;

"supplies" means any articles required for the public service or any services required in connection with such articles

3.1 The Chief Supply Officer shall be the principal agent of Government for the purpose of purchasing supplies and shall pay for all such supplies out of funds provided for the purpose.

3.2 The Chief Supply Officer is hereby authorized to issue invitations to tender, accept tenders, enter into contracts and issue purchase orders for supplies on behalf of Government.

3.3 When ever it becomes necessary for any supplies to be imported, the Chief Supply Officer shall obtain such supplies by indents on one or more of the following, that is to say -

a) the Crown Agents for Over sea Governments and Administrations in the United Kingdom;

b) Messrs. Gillespie & Co. of New York, inc. in the United States of America;

c) Messrs. Drew, Brown Ltd. in Canada; and

d) any other persons appointed by Government to purchase supplies abroad.

3.4 Notwithstanding the provisions of paragraph (3), the Chief Supply Officer may import supplies through the local agents of overseas suppliers if it appears to be in the public interest to do so

4.1 The Financial Secretary may from time to time in writing authorize any other public officer (as defined by the Constitution of Jamaica) to purchase, on behalf of Government, any particular supplies on the local market, and such authorized officer shall have all the powers of the Chief Supply Officer in relation to the purchase of such supplies.

4.2 Notwithstanding anything to the contrary, accounting officers may purchase supplies for cash up to such total value as may be contained in any instructions issued by the Minister from time to time.

5. It shall be the duty of the Chief Supply Officer to manage the purchasing and the storing of supplies so as to ensure, as far as is practicable, that adequate supplies are available at reasonable cost when required for the public service

6. The Chief Supply Officer shall prepare and maintain a list of approved suppliers for each item of supplies and shall restrict invitation to tender, as well as contracts for the purchase of supplies, to such approved suppliers.

7.1 Any person may apply in writing to the Chief Supply Officer to have his name included on the lists of approved suppliers, and shall furnish such information as the Chief Supply Officer may require.

7.2 The Chief Supply Officer shall inform each applicant in writing whether his application has been accepted or rejected

7.3 It shall not be necessary for the Chief Supply Officer to state his reasons for rejecting any application, but any person aggrieved by the rejection of his application to have his name entered on the lists of approved suppliers may appeal to the Minister.

7.4 All applications made under this regulation and all information given in support of such applications shall be treated as confidential

8.1 There shall be established a committee to be named the Supply Advisory Committee (hereinafter referred to as the Committee) which shall consist of -

a) the Chief Supply Officer who shall be the chairman;

b) a representative of each Ministry to be nominated after consultation with the Financial Secretary; and

c) not mare than three other persons to be appointed by the Minister on such terms as the Minister may decide.

8.2 The Committee shall have power to regulate their own procedure.

8.3 The Committee shall advise the Chief Supply Officer generally on the nature and standards of quality of all supplies to be purchased.

9.1 Where the Chief Supply Officer proposes -

a) to enter into a contract for the purchase of supplies to be delivered in quantities to be specified over a period of three months or more; or

b) to enter into a contract for the purchase of supplies of a total value exceeding $500, except where the contract is to be awarded to the sole approved supplier listed in relation to the particular supplies to be purchased; or

c) to enter into a contract for the purchase of supplies of a total value not exceeding $500, where the contract is to be awarded to an approved supplier whose tender was not the lowest tender submitted in respect of such supplies; or

d) to import supplies when such supplies, or acceptable substitutes therefor are manufactured in Jamaica and may be obtained locally,

he shall place such proposals before the Committee for their consideration and the recommendations of the Committee shall be submitted in writing by the Chief Supply Officer to the Minister for his decision.

9.2 In submitting the recommendations of the Committee to the Minister the Chief Supply Officer may make such comments and observations as he may wish to offer and shall attach such documents as the Minister may require.

9.3 The Minister shall not be obliged to accept the recommendations of the Committee.

10. All contracts for the purchase of supplies shall be subject to the Standard Conditions of Government Contracts for Supplies set out in the Schedule; but the Chief Supply Officer may with the prior approval of the Committee exclude all or any of the conditions contained in paragraphs 26, 27, 28 and 29 of the said Schedule.

11.1 Whenever the Chief Supply Officer purchases supplies, he shall forward a purchase order together with a payment voucher to the approved supplier. The payment voucher shall be returned to the Chief Supply Officer after the supplies have been delivered to the place specified in the purchase order, together with a certificate of delivery duly completed.

11.2 The payment voucher together with the completed certificate of delivery, or such other proof of delivery as the Chief Supply Officer is willing to accept, shall constitute a claim on Government, and the Chief Supply Officer shall pay all such claims within thirty days of the receipt thereof.

12. No public officer shall accept, or agree to accept any gift or consideration of any kind as an inducement or reward for doing or forbearing to do, or for having done or having forborne to do any act in relation to the obtaining or excusing of any contract for supplies, or for showing or forbearing to show any favour or disfavour to any person in relation to any contract for supplies.

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