S.L. 601.5 Art. 34Procurement procedure carried out by the Director on behalf of a contracting authority.

In relation to a procurement procedure carried out by the

Director on behalf of a contracting authority with an estimated value which falls under regulation 30(1)(b) it shall also be the function of the Director:

(a) to establish and approve the general conditions of the procurement documents;

(b) to authorise deviations from standard terms and conditions in accordance with the regulations set out herein and which may be included in the procurement documents;

(c) to consider an extension or the cancellation of a procurement procedure;

(d) to order that a procurement period of any call for offers referred to in these regulations be extended if he considers such an extension justified by the circumstances of the case;

(e) to vet and approve, with or without modification, procurement documents before the same are issued and published;

(f) to approve, where required under these regulations, modifications which exceed the amount established in regulation 177(3);

(g) to approve requests made by the contracting authorities for the extension of contracts if he considers that circumstances so warrant in the public interest and specific provision for such extensions is made in the procurement document;

(h) to identify and implement appropriate means to enable him to monitor the proper execution of contracts;

(i) to make regulations to award contracts in the name and on behalf of contracting authorities and contracting entities covered by these regulations, including the case of an association of authorities of which such contracting authority is a member;

(j) to establish the procedure affecting the award of contracts governed by procedures deviating from these regulations as long as these procedures shall be published by a notice in the Gazette;

(k) to publish in the Gazette a notice of all awards of contracts including variations outside the limit of the tender conditions, within six months of their award;

(l) to award tenders and sign contracts in the name and on behalf of contracting authorities as established under these regulations;

(m) to take appropriate measures to ensure that in the performance of public contracts economic operators comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Schedule 14: Provided that the director may decide not to award a contract to the tenderer submitting the best tender where he has established that the tender does not comply with the applicable obligations referred to in this paragraph; and.

(n) to make and transmit to the Minister a report by not later than six months after the end of each financial year about -

(i) the performance of the General Contracts Committee, and of the Special Contracts Committee during the financial year being reported upon. The report shall, in particular, provide details regarding appeals submitted by candidates and tenderers and any person having or having had an interest in obtaining a particular public contract in terms of these regulations and the decisions arrived at by the General Contracts Committee; and

(ii) the results of the monitoring activities: Provided that following the transmission of the report to the Minister, the Director shall ensure that the report is made public;

(o) to inform the Commission of:

(i) any general difficulties, in law or in fact, encountered and reported by undertakings in securing the award of service contracts in third countries;

(ii) any difficulties, in law or in fact, encountered and reported by undertakings and which are due to the non-observance of the international labour law provisions listed in Schedule 14 when those undertakings have tried to secure the award of contracts in third countries: Provided that the provisions of sub-paragraphs (i) and

(ii) shall be without prejudice to the commitments of the Union in relation to third countries ensuing from international agreements on public procurement particularly within the framework of the WTO.

The Contracting Authority