S.L. 601.3 Art. 69Decisions. Cap. 249. Cap. 249.

(1) Decisions of the General Contracts Committee shall preferably be taken on the basis of unanimity. However, majority decisions shall be final and binding with regard to the award of the contract. The chairman shall in the event of an equality of votes, have a casting vote.

(2) Without prejudice to the provisions of the Interpretation

Act and to any order or direction given by the Minister:

(a) the Director may, at his discretion, accept or reject the recommendations of the majority of the members of the General Contracts Committee for the acceptance or rejection of any tender;

(b) where:

(i) the Director disagrees with any recommendation of the majority of the members of the General Contracts Committee; or

(ii) any recommendation of the General Contracts Committee differs from that submitted by the Department or other body for whom the procurement is to be made, the Director may refer the matter for the decision of the Minister: Provided that the Director shall always refer any matter in which he disagrees with the majority of the members of a General Contracts Committee or a Special Contracts Committee, as referred to in regulation 78, for the decision of the Minister;

(c) the Director may, at his discretion, refer any matter for the decision of the Minister provided that any decision taken by the Minister under the Interpretation Act or after any referral to him by the Director and which has a direct influence on the award of any contract by the Director to any particular tenderer shall not deprive in any way the right of any candidate or tenderer and any person having or having had an interest in obtaining a particular public contract to have recourse to the appeals procedures provided for in these regulations.

(3) Any matter referred for the decision of the Minister shall be so referred in writing and the decision of the Minister shall likewise be communicated in writing.