Financial Regulation 1983
FINANCIAL REGULATION 327-340
327. Works, services and stores not exceeding $5,000.00 in cost may be indented without recourse to public tender. However, if the cost is expected to exceed $1,000.00, the Controlling Officer shall invite written quotations from a reasonable number of rebutable suppliers and shall accept the quotation most favourable to the Government. Reference to the correspondence shall be shown on the payment voucher. Indents for works or services shall show the full specification of the works or services required and of the agreed charges, and it shall also show the agreed time of completion. Indents for stores shall be drawn up as is provided in Regulation 517. (Please refer to Circular Letter ref: 3/2004 dated 26 October 2004 for updated regulation.)
328. Where works, services, and stores exceed $5,000.00 in cost, tenders procedure shall be followed. (Please refer to Circular Letter ref: 3/2004 dated 26 October 2004 for updated regulation.)
329. A Tenders Board shall be appointed by His Highness the Sultan annually, to receive and examine tenders, and to make recommendations to the Mentri Besar.
330. A quorum of the Board shall consist of half of the total membership and in the event of an odd number, half of the next highest even number. In the event of disagreement, decisions shall be taken by majority vote. The Chairman shall have a casting vote.
331. All recommendations of the Tenders Board, but not an account of its discussions, shall be recorded in Minutes, which shall be laid before the Board for confirmation at the next Meeting of the Board. The Chairman of the Tenders Board shall sign such confirmed Minutes and shall forward them to the Mentri Besar for his approval. The decision of the Mentri Besar on the award of any tender shall be final.
332. The Mentri Besar shall notify his approval or otherwise to the Chairman of the Tenders Board, and one copy of his letter together with the Minutes thereby approved shall also be forwarded by the Mentri Besar to the Auditor General.
333. Where a tenderer, on being informed of the Government's acceptance of his tender, declines to fulfil the tender of seeks some amendment to it, the Tenders Board shall be informed without delay. The matter shall be considered by the Tenders Board, and it shall be the subject of a recommendation as provided for in Regulation 331. Any tender deposit shall be retained, and its manner of disposal shall be as directed by the State Financial Officer.
334. When tenders are invited the fullest possible publicity shall be given to the fact, and the following procedure shall be observed:
334.1 Tenders shall be invited by a notice giving full details regarding the terms and conditions of the supply, service or works to be performed, of the amount of the deposit required, instructions as to its payment and the manner in which the tender should be submitted if required on special forms. A notice inviting tenders shall allow a reasonable time, not less than two weeks from the date of the advertisement, in which to tender.
334.2 When inviting tenders mention of trade names or brand names shall if possible be avoided in order to permit the widest opportunity for economic purhcases consistent with quality and serviceability.
334.3 A copy of the notice calling for tenders shall be published in the Brunei Government Gazette and such newspapers as will ensure that adequate publicity is given to the supply, service or works required. Copies of the notice shall be displayed on any suitable notice board in the locality and shall also be sent to the Trade offices of particular Governments as may be directed by Treasury Circulars. A sufficient number of copies of the notice to provide one for each member shall also be sent to the Chairman, Tenders Board.
334.4 Tenderers shall be instructed to submit tenders in plain sealed envelopes, together with the official receipt forms for any deposit required, and, if not sent by post, to place them in the Tender Box located at the Government Offices. Tenders shall be sent out in the manner specified in the notice inviting tenders. The envelope shall show in the top left hand corner the advertised title of the tender, and shall be addressed to the Chairman of the Tenders Board.
334.5 The key to the tenders box shall be kept by the Chairman who, if unable to attend a meeting, shall arrange for the key to be handed over the Acting Chairman.
334.6 The tenders shall only be opened during a meeting of the Board. Each tender shall be serially numbered, dated and initialled by the Chairman or one of the members.
334.7 Until tenders have been finally disposed of, they shall be secured by the Chairman of the Tenders Board and communicated only to those officers responsible for dealing with them.
335. Where Heads of Departments consider that, because of the nature of the goods or services required, the Tenders procedure is inappropriate, application may be made to the Chairman of the Tenders Board for it to be waived.
336. Whilst an offer or tender by a person or firm and its acceptance by the Government is in fact a contract, for the purpose of these Regulations a Contract is a written form of agreement entitled Contract which has been signed jointly in the name of the Government and in the name of the relevant other party.
337. Generally, the acceptance of a tender for works or services as provided for in Regulations 331 and 332 will lead to the signing of a Contract. Heads of Departments shall provide the State Financial Officer and the Auditor General each with one copy of every Contract immediately its signing has been concluded, and each copy will include a reference to the head and subhead of the Estimates to which the cost is chargeable or to which the revenue is creditable.
338. When a tender has been accepted for the supply of stores of any description (Regulation 501), or for works or services not of a substantial nature, the circumstances may be such that the preparation of an Indent may be more suitable than the preparation of a Contract. In this event, in the case of stores the procedure at Regulation 517 shall be followed, and in the case of works and services an approved form of Indent shall be used in the manner of Regulation 517. The purpose of the Indent is to support the payment voucher with a standard and authorised summary of the preliminary correspondence.
339. It is the responsibility of Heads of Departments to ensure that Contracts are drawn up in accordance with current requirements, particularly with regard to the provision for guarantees, penalties, and damages.
340. It is the responsibility of Heads of Departments to ensure that any variation to a Contract receives due authorisation. In the event of any default by a Contractor, the State Financial Officer shall be informed without delay.