The Public Procurement (Amendment) Regulations, 2025, Resolution

1346B PROCLAMATIONS, RULES AND REGULATIONS [JULY 7, 2025 AND WHEREAS it is provided by section 60(2) of the Act that Regulations made under paragraphs (a), (c), (e), (f) and (g) of section 60(1) of the Act shall be subject to affirmative resolution: NOW, THEREFORE, BE IT RESOLVED by this Honourable Senate as follows:— 1. This Resolution may be cited as the Public Procurement (Amendment) Regulations, 2025, Resolution. 2. The Public Procurement (Amendment) Regulations, 2025, which were laid on the Table of the Senate on the 27th day of June, 2025, are hereby affirmed. (Senator Professor Floyd Emerson Morris, entered and took his seat). (Senator the Honourable Delano Orlando Seiveright, Minister of State in the Ministry of Tourism, entered and took his seat). Senator Lambert Brown, Senator Marlon Morgan, Senator Professor Floyd Morris also spoke on the motion. (Senator Sherene Samantha Golding Campbell, entered and took her seat). Seconded by: Senator Marlon Morgan Agreed to I certify that the above is a true extract from the Minutes. COLLEEN LOWE, MBA, LLB, PgDip (BPTC), LEC Clerk to the Houses of Parliament. THE PUBLIC PROCUREMENT ACT THE PUBLIC PROCUREMENT (AMENDMENT) REGULATIONS, 2025, RESOLUTION WHEREAS by virtue of section 60(1) of the Public Procurement Act (hereinafter referred to as the Act) the Minister may make such regulations as he thinks fit to give full effect to the provisions of the Act and, without prejudice to the foregoing, regulations may prescribe provisions in relation to matters specified in paragraphs (a) to (j) of section 60(1): AND WHEREAS on the 23rd day of June, 2025, the Minister made the Public Procurement (Amendment) Regulations, 2025: AND WHEREAS it is provided by section 60(2) of the Act that Regulations made under paragraphs (a), (c), (e), (f) and (g) of section 60(1) of the Act shall be subject to affirmative resolution: NOW, THEREFORE, BE IT RESOLVED by this Honourable House as follows:— 1. This Resolution may be cited as the Public Procurement (Amendment) Regulations, 2025, Resolution. 2. The Public Procurement (Amendment) Regulations, 2025, are hereby affirmed. JULY 7, 2025] PROCLAMATIONS, RULES AND REGULATIONS 1346C THE PUBLIC PROCUREMENT ACT THE PUBLIC PROCUREMENT (AMENDMENT) REGULATIONS, 2025 In exercise of the power conferred on the Minister by section 60(1) of the Public Procurement Act, and of every other power hereunto enabling, the following Regulations are hereby made:— Citation and 1. These Regulations may be cited as the Public Procurement (Amendment) construction. Regulations, 2025, and shall be read and construed as one with the Public Procurement Regulations, 2018, (hereinafter referred to as the principal Regulations). Amendment 2. Regulation 2(c) of the principal Regulations is amended by deleting the of regulation words “procurement method threshold” and substituting therefor the words 2 of principal “competition threshold”. Regulations. Repeal and 3. The principal Regulations are amended by repealing regulation 7 and replacement substituting therefor the following— of regulation 7 of principal “Matters 7. In a single-source procurement, the procuring entity Regulations. relating to shall— single-source procurement. (a) engage in negotiations with the supplier from which a bid is requested, unless such negotiations are not feasible in the circum- stances of the procurement concerned; and (b) be satisfied that the objective of value for money will be achieved before awarding a procurement contract by single-source procurement.”. Amendment 4. Regulation 8 of the principal Regulations is amended— of regulation 8 of (a) by deleting the marginal note and substituting therefor the prinicipal following— Regulations. “Competition threshold.”; (b) by deleting paragraph (2) and substituting therefor the following— “ (2) Subject to paragraph (3), the procurement methods specified in the second column of— Part I. (a) Part I of the First Schedule, shall First Schedule. apply to the procurement of works— (i) falling within the competition

1346D PROCLAMATIONS, RULES AND REGULATIONS [JULY 7, 2025 thresholds for those works; and (ii) at the level of com- petition specified in relation thereto in the first column of that Part; Part II. (b) Part II of the First Schedule, shall apply to the procurement of goods and services— (i) falling within the competition thres- holds for those goods and services; and (ii) at the level of com- petition specified in relation thereto in the first column of that Part.”; and (c) in paragraph (3), by deleting the words “value limit threshold as specified in the First Schedule” and substituting therefor the words “competition threshold”. Amendment 5. Regulation 17 of the principal Regulations is amended— of regulation 17 of (a) by deleting paragraph (1) and substituting therefor the following— prinicipal Regulations. “ (1) Subject to paragraph (3), a supplier shall not be eligible to participate in procurement proceedings unless the supplier satisfies the procuring entity— (a) that the supplier is in compliance with section 15 of the Act; and (b) where the estimated value of the contract is higher than the competition threshold for a single-source procurement, that the supplier— (i) is in compliance with all of the supplier’s statutory obligations in respect of the payment of taxes in Jamaica; or (ii) has no statutory obligations in respect of the payment of taxes in JULY 7, 2025] PROCLAMATIONS, RULES AND REGULATIONS 1346E Jamaica as determined by Tax Administration Jamaica.”; and (b) in paragraph (2), by deleting the words “at the time of the submission of bids” and substituting therefor the words “only on the date of the deadline for submitting bids”. Repeal and 6. The principal Regulations are amended by repealing regulation 33 and replacement of regulation substituting therefor the following— 33 of “Advance payment 33.—(1) A contractor may request an advance payment principal from a procuring entity, in respect of the procurement Regulations. and security. contract awarded. (2) Upon the receipt of a request for an advance payment from the contractor, a procuring entity may— (a) subject to paragraphs (3) and (4), make the advance payment in— (i) the sum requested; or (ii) a sum less than the sum requested; or (b) decline to make an advance payment. (3) Where a procuring entity intends to make an advance payment, prior to making that payment, the contractor shall provide an advance payment security in an amount equal to the sum of the advance payment to be made by the procuring entity. (4) A procuring entity shall not adjust the amount of the advance payment or make an advance payment in excess of 50% of the stated procurement contract price without obtaining, in the case of— Second (a) the Tier 1 Limit specified in the Second Schedule. Schedule, the prior approval of the head of the procuring entity; (b) the Tier 2 Limit specified in the Second Schedule, the prior approval of the head of the procuring entity and the Commission, respectively; (c) the Tier 3 Limit specified in the Second Schedule, the prior approval of the head of the procuring entity, the Commission and the Cabinet.

1346F PROCLAMATIONS, RULES AND REGULATIONS [JULY 7, 2025 (5) Where the contractor defaults in the completion of the procurement contract, the procuring entity shall forfeit the advance security payment in accordance with the terms of the advance payment security.”. Amendment 7. Regulation 39 of the principal Regulations is amended by inserting, of regulation next after paragraph (3), the following— 39 of principal “ (3A) Notwithstanding the time-frames specified under paragraph (3), Regulations. a procuring entity may apply, in writing, to the Commission, for permission to publish a notification inviting bids referred to in paragraph (1) in accordance with such shorter time-frame as the Commission may permit.”. Repeal and 8. The principal Regulations are amended by repealing the First Schedule replacement and substituting therefor the following— of First Schedule to “ principal Regulations. FIRST SCHEDULE (Regulation 8) Levels of Competition and Procurement Methods First Column Second Column ——— ——— Level of Competition Procurement Methods ——— ——— PART I. Works Open International 1. International competitive competition bidding. 2. National competitive bidding. 3. Request for proposals with consecutive negotiation. 4. Request for proposals without negotiation. Open National 1. National competitive bidding. competition 2. Request for proposals with consecutive negotiation. 3. Request for proposals without negotiation. JULY 7, 2025] PROCLAMATIONS, RULES AND REGULATIONS 1346G

FIRST SCHEDULE, contd. First Column Second Column ——— ——— Level of Competition Procurement Methods ——— ——— PART I. Works, contd. Restricted competition 1. Restricted bidding (minimum of 3 selected suppliers). 2. Request for quotations. 3. Single-source procurement. PART II. Goods and Services Open international 1. International competitive competition bidding. 2. National competitive bidding. 3. Request for proposals with consecutive negotiation. 4. Request for proposals without negotiation. Open national 1. National competitive bidding. competion 2. Request for proposals with consecutive negotiation. 3. Request for proposals without negotiation. Restricted competition 1. Restricted bidding (minimum of 3 selected suppliers). 2. Request for proposals with consecutive negotiation (minimum of 3 selected suppliers). 3. Request for proposals without negotiation (minimum of 3 selected suppliers). 4. Request for quotations. 5. Single-source procurement.”. 1346H PROCLAMATIONS, RULES AND REGULATIONS [JULY 7, 2025 Repeal and 8. The principal Regulations are amended by repealing the Second replacement Schedule and substituting therefor the following— of Second Schedule to SECOND SCHEDULE principal “ (Regulations 13, Regulations. 33 and 34) Procurement Contract Approval Limit Procurement Contract Procurement Approval Limit Contract Value ——— ——— A procurement contract of— (a) Tier 1 Limit (a) a value not exceeding sixty million dollars; (b) Tier 2 Limit (b) a value exceeding sixty million dollars but not exceeding one hundred million dollars; (c) Tier 3 Limit (c) a value exceeding one hundred million dollars.”. Dated this 23rd day of June, 2025. FAYVAL WILLIAMS Minister of Finance and the Public Service. PRINTED BY JAMAICA PRINTING SERVICES (1992) LTD., (GOVERNMENT PRINTERS), DUKE STREET, KINGSTON, JAMAICA