Limited tendering procedure

(1) The Government shall use the limited tendering procedure for procurement or sale in the following circumstances, (a) where the open tendering procedure or selective tendering procedure was used but no tender was received; (b) where, in the view of the Government, the tenders received under the open tendering or the (i) are collusive; or (ii) are not in compliance with any condition specified in the invitation to tender; (c) where, for technical reasons, or for reasons connected with the protection of exclusive 31 rights including rights under an existing contract with an optional renewal clause, or by reason of being a work of art, the goods or services to be procured or sold can only be procured from one supplier or sold to one purchaser; (d) where, for reasons of extreme urgency brought about by events unforeseeable by the Government, or in the, public interest, the goods services, (i) cannot be procured in time using the open tendering procedure or the selective tendering procedure; or (ii) should be promptly disposed of by sale; (e) where the goods to be procured are required by the Government as a parts replacement for, or addition to, existing goods or installations, and when to obtain the goods from a person other than the original supplier would result in the Government obtaining goods not meeting the Government’s requirements of interchange ability with the existing goods or installation; (f) where the service to be procured is an extension of an existing service, and when to obtain the service from a person other than the original supplier will result in the Government obtaining a service not meeting the Government’s requirements of interchangeability with existing goods, installation or service, or any of them in combination; 32 (g) where the goods or services to be procured are a prototype, or subject to intellectual property rights, or a first product or service which is to be manufactured or performed, as the case may be, in pursuance of an experiment, study or original development; or (h) where the Government decides, (i) in writing, due to national security, or to national emergency reasons to use the limited tendering procedure; or (ii) to purchase goods or services needed for the day-to-day operations of the (2) in this section, “original development” includes the limited production or supply of the prototype or first product or service in question for the purposes of incorporating the results of any field test and of demonstrating that the prototype, product or service is suitable for mass-production or mass- supply of an acceptable quality standard, but does not include mass-production or mass-supply of the prototype, product or service for the purposes of establishing commercial viability or of recovering research and development costs. (3) Subsection (1)(e), (f), (g) and (h) of this section, shall not apply to a sale contract.