Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696585723241.pdf (Vanuatu)
LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2018 GOVERNMENT CONTRACTS AND TENDERS [CAP.

245] Commencement: 21 September 1998 CHAPTER 245 GOVERNMENT CONTRACTS AND TENDERS Act 10 of 1998 Act 11 of 2001 Act 8 of 2009 Act 40 of 2013 ARRANGEMENT OF SECTIONS PART 1 – PRELIMINARY 1.

2.

2A.

Government Contracts defined Purpose Interpretation 10.

Central Tenders Board 10A.

Secretary of the Central Tenders Board 11.

Chairperson of Central Tenders Board 11A.


Functions of the Central Tenders Board Government Contracts PART 2 – GOVERNMENT CONTRACTS 3.

3A.

Renewal of Government Contracts Execution of Government Contracts 4.

Validation of prior contracts 5.

Application of Act to existing arrangements 6.

Effect of Government Contract entered into in 7. breach of this Act 7A.

Potentially Excluded Contracts PART 3 – TENDERS, QUOTATIONS AND PROPOSALS 8.
Requirement to obtain tenders, quotations and proposals PART FOUR – CENTRAL TENDERS BOARD 9.

Central Tenders Board Procedure Breach of tender process PART 5 – TENDERS PROCESS 12.

13.

13A.

Contract splitting 13B.

Regular suppliers 13C.

Protection of whistleblowers 13D.

Complaints Review Mechanism PART 6 – OFFENCES AND PENALTIES 14.

Offences and penalties 15.

No interference with Central Tenders Board 16.

Breach of Leadership Code PART 7 – MISCELLANEOUS 17.

Regulations Audit 18.

Act to prevail 19.


1 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2018 GOVERNMENT CONTRACTS AND TENDERS [CAP.

245] GOVERNMENT CONTRACTS AND TENDERS An Act to provide for Government contracts and tenders.

PART 1 – PRELIMINARY Purpose 1.

The purpose of this Act is to establish the rules and procedures that must be followed with Government contracts and tenders.

2.
2.

(1) Interpretation For the purposes of this Act, unless the context otherwise requires: “asset” means: (a) (b) any legal or equitable estate or interest in real or personal property, including a contingent or prospective one; and any right, power, privilege or immunity, whether actual, contingent or prospective.
“Attorney General” means the Attorney General and includes a legal officer appointed by the Attorney General who executes the office of Attorney General during any vacancy in that office or during the absence or incapacity of the holder of that office, to perform the functions powers and duties of the Attorney General; “Chairperson” means the Chairperson of the Central Central Tenders Board appointed under subsection 11(1) or (9); “Consultancy services” means activities of a professional, intellectual, and advisory nature; “Council” means the Council of Ministers; “Director-General” means the Director-General of the Ministry of Finance and Economic Management and includes a person in the Public Service who executes the office of the Director-General during any vacancy in that office or during the absence or incapacity of the holder of that office, performs the functions, powers and duties of the Director-General; “goods” means objects of every kind and description, including commodities, raw materials, products and equipment and objects in solid, liquid or gaseous form as well as services incidental to the supply of goods, if the value of these incidental services does not exceed that of the goods themselves; “Government agency” means: (a) (b) (c) (d) (e) a Ministry; or the office of a Government Minister; or an office or body established by or under the Constitution; or an office or body established by or under an Act of Parliament; or a prescribed agency; “Government Contract” has the meaning given by section 2A.
“Minister” means a minister of the Council of Ministers; 2 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2018 GOVERNMENT CONTRACTS AND TENDERS [CAP.
245] “public money” has the same meaning as in the Public Finance and Economic Management Act [CAP 244]; “Public work” means any work of a public nature executed on behalf of the State and includes rendering any services in connection therewith and any construction manufacture or industry of benefit to the national economy; “Responsible minister” means the minister responsible for the contract or tender or who is responsible for the ministry or agency arranging or undertaking the contract or tender; “services” means the supply of physical services, or other labour, time or effort, or stand-alone service type contracts (such as security services, catering services or geological services); “The Minister” means the minister responsible for the Central Tenders Board; “written” or “in writing” means any expression consisting of words or figures which can be read, reproduced and subsequently communicated and includes information which is transmitted and stored by electronic means but only if such communication is authorised by a contracting agency.
(2) In this Act paragraphs will be read conjunctively as if the word “and” linked each paragraph unless the word “or” appears between paragraphs.

2A.
2A.

(1) Government Contracts defined Subject to subsection (3), each of the following is a Government Contract: (a) (b) a contract or arrangement for the supply of goods or services or the execution of public works in consideration of payment out of public moneys; a contract or arrangement for the disposal of an asset of the Government, including disposals of land, interests in land, buildings or infrastructure, regardless of value; (c) a concession or franchise granted by the Government.
(2) (3) (4) Any subcontract made in relation to any contract or arrangement mentioned in subsection (1)(a) or (1)(b) is also a Government Contract.

A contract or arrangement for raising loans for the Government is not a Government Contract.

Nothing in subsection (1)(c) is to be taken to affect the requirement for a licence, permit, approval, authority or permission required under or by any other Act.

3 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2018 GOVERNMENT CONTRACTS AND TENDERS [CAP.
245] PART 2 – GOVERNMENT CONTRACTS 3.

(1) (2) Government Contracts Every Government Contract must be in writing.

Subject to subsection (3), a minister, under this or any other Act authorizing him to do so, may enter into a Government Contract where the consideration in relation to any contract, arrangement, franchise or concession exceeds VT 5,000,000.
(3) Prior to entering into a Government Contract a minister must first: (a) (b) (c) (d) (e) (f) (g) ensure the contract is consistent with Government policy; ensure the contract is fiscally responsible, prudent, cost effective, and is a necessary obligation for Government to assume; consult with the Director-General and satisfy himself on reasonable grounds that the Government has or is likely to have the financial ability and resources to meet all of the obligations under the contract including future obligations; consult with and obtain the advice of the Attorney General or a legal practitioner approved by the Attorney General in writing, on the legal aspects, implications, and appropriateness of entering into the contract; ensure that no conflict of interest exists between a minister or the Council and the other party; use a competitive and transparent process when deciding who to award the contract to including where applicable, a tender process as may be prescribed by this or any other Act or regulation; ensure that for contracts with a value exceeding VT 100,000,000 and based on the recommendation of the Central Tenders Board, make a written submission to Council which must include a copy of the proposed contract, the process followed, and comments on the proposed contract by, and under the signatures of, the Director-General and the Attorney General or the legal practitioner.
The Attorney General must certify that the procedures in accordance with this or any other applicable Act have been followed; (h) obtain a Council minute approving the Contract.

(4) Subject to subsection (5), a Director General or his or her authorised delegate, under this or any other Act authorizing him or her to do so, may enter into a Government Contract where the consideration in relation to any contract, arrangement, franchise or concession does not exceed VT 5,000,000.
(5) Prior to entering into a Government Contract with a value of less than VT 5,000,000 a Director General must: (a) (b) (c) ensure the contract is consistent with Government policy; and ensure the contract is fiscally responsible, prudent, cost effective, and is a necessary obligation for Government to assume; and consult with the Director of the Department of Finance and satisfy himself on reasonable grounds that the Government has or is likely to have the financial ability and resources to meet all of the obligations under the contract including future obligations; and (d) ensure that no conflict of interest exists between a Director General and the other party; and 4 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2018 GOVERNMENT CONTRACTS AND TENDERS [CAP.
245] (e) (f) use a competitive and transparent process when deciding who to award the contract to including where applicable, a request for quotations process as may be prescribed by this or any other Act or regulation; and obtain the concurrence of the Director of the Department of Finance that the procedures in accordance with this or any other applicable Act have been followed.
(6) A Government Contract must not be awarded to a Public Servant, a Minister or a Member of Parliament or a leader as defined in the Leadership Code Act [CAP 240].

3A.

Renewal of Government Contracts (1) A Government Contract, must not be renewed unless it has complied with the procurement methods as set out in this Act.
(1A) This section does not apply to any extension or variation executed in accordance with the terms of the original Government Contract, unless: (a) (b) such extension is made only once; and such extension does not have a value exceeding 50% of the original contract; and (c) such variation complies with subsection 4(2).
(2) To avoid doubt, a Minister, a Director General of a Ministry or a person authorised by the Minister or the Director General must invite applications from the public for tender of the Government Contract referred to in subsection (1).
(3) For the purpose of subsection (2), the invitation is to be made as follows: (a) (b) (c) the invitation must be made by way of a request for tender if the amount exceeds VT 5,000,000; the invitation must be made by way of a request for quotations if the amount does not exceed VT 5,000,000; for the procurement of consultancy services, the invitation must be made by way of a request for proposals.

4.
4.

(1) Execution of Government Contracts Every Government Contract entered into under section 3 must be in the name of the Government of the Republic of Vanuatu represented by the responsible minister or Director General or his or her authorised delegate, and every document required to be signed evidencing the terms of the contract may be executed by the responsible minister or Director General or his or her authorised delegate on behalf of the Government.
(2) The terms of a Government Contract may be varied or discharged: (a) by the contracting agency -where such variation does not lead to an increase of more than 10% in the price of the original terms; or (b) in all other cases- in the same manner as described in subsection (1).

Validation of prior contracts 5.


All things lawfully done before the passing of this Act, will be deemed to have been validly and lawfully done under the authority of this Act and any contract entered into is ratified and confirmed.

6.

Application of Act to existing arrangements 5 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2018 GOVERNMENT CONTRACTS AND TENDERS [CAP.
245] The provisions of this Act will apply to any arrangement to enter into a Government Contract which at the date of commencement of this Act has not been executed.

Effect of Government Contract entered into in breach of this Act 7.

A Government Contract entered into after the commencement of this Act, which is in breach of the provisions of this Act, will be void, of no effect, and will not be binding on the State or the Government.

Potentially Excluded Contracts 7A.


A Government Contract which is funded by a foreign donor or another organisation is subject to the provisions of this Act or any regulations made under this or any other Act, unless it is inconsistent with any requirements of the funding agency.

6 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2018 GOVERNMENT CONTRACTS AND TENDERS [CAP.

245] PART 3 – TENDERS, QUOTATIONS AND PROPOSALS Requirement to obtain tenders, quotations and proposals 8.
(1) When entering into a Government Contract or a contract for the contracting out of a Government service or the purchasing of goods or services, a Minister, the Director General of a Ministry or any other person authorized by the Minister or the Director General to do so, must comply with the quotation, proposal or tendering process set out in this Act or in any regulation made under this or any other Act.
(2) The Minister, the Director General of the Ministry, or any other person authorized by the Minister or the Director General to do so is responsible for the annual planning of its procurement and for: (a) (b) (c) the preparation and drafting of specifications; and its requirements through technical the preparation of tender documents based on the Standard Tender Document issued by the Central Tenders Board; and the advertising of its procurement and the seeking of any approval from the Central Tenders Board required in accordance with this Act or any other Act.
7 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2018 GOVERNMENT CONTRACTS AND TENDERS [CAP.

245] PART 4 – CENTRAL TENDERS BOARD Central Tenders Board 9.

There shall be established a Central Tenders Board comprising those persons specified in section 10 which will report and be responsible to the Minister responsible for the Central Tenders Board for receiving, assessing, approving and recommending (where applicable) acceptance of government tenders with a value of more than VT 5,000,000.

10.
(1) Central Tenders Board The Central Tenders Board will consist of the following persons: (a) (b) (c) (d) (e) a Chairperson; the director-general of the ministry which is procuring the goods or services, or his representative; the Director-General, or his representative; a representative of the ministry responsible for procuring the goods or service who has detailed knowledge of the requirements of the ministry in relation to the contract to be performed; if the Government Contract is of a value of VT 10,000,000 or more or whenever the standard contract approved by the State Law Office are not used, a person with legal or other qualification or experience relating to contracts appointed by the Minister after consultation with the Chairperson of the Central Tenders Board.
(2) (3) (4) (5) (6) There must be a minimum of three persons to constitute a quorum, excluding any person appointed under subsection (1)(e).

No tender may be recommended to the Council without the approval of the Central Tenders Board.

The Chairperson shall have a casting vote at Central Tenders Board meetings.
If a member of the Central Tenders Board stands to gain financially or has a conflict of interest in a contract he must not continue to be a member of the Central Tenders Board considering tenders for that contract.
A member of the Central Tenders Board who has a direct or indirect personal interest in a matter being considered or to be considered by the Central Board must, as soon as reasonably practicable after the relevant facts concerning the matter have come to his or her knowledge, disclose the nature of his or her interest to the Central Tenders Board.
(6A) A disclosure of interest in a matter is to be recorded in the minutes of the meeting of the Central Tenders Board and the member must not be present while that matter is being dealt with and he or she must not take part in any deliberations or vote relating to the matter.

(7) (8) (9) The Central Tenders Board may co-opt any person for the purpose of providing technical advice and such person will not be entitled to a vote.
In all of its activities the Central Tenders Board must act independently, and is not to be subject to interference or influence from any person.

No member of the Central Tenders Board, other than the Chairperson, will be paid by reason of his membership of the Central Tenders Board.

10A.

Secretary of the Central Tenders Board 8 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2018 GOVERNMENT CONTRACTS AND TENDERS [CAP.

245] (1) (2) 11.
245] (1) (2) 11.

(1) The Secretary of the Central Tenders Board is to be appointed by the Public Service Commission in accordance with the Public Service Act [Cap.

246].

The Secretary is responsible for the day to day administration of the Central Tenders Board.

Chairperson of Central Tenders Board The Minister is to appoint a Chairperson of the Central Tenders Board on merit following a fair and transparent selection process.
(2) The Chairperson: (a) (b) (c) must be a person who has qualification and experience in the practice of law or accounting or commerce; must not be a member of Parliament or hold any other public office; will not be deemed by virtue of the office to be employed in the Public Service; (d) must be a person of good reputation in the community and enjoy public (3) (4) (5) (6) (7) (8) (9) confidence; (e) must not have a criminal record.

The Chairperson will be appointed for a term of 3 years.
to an enactment determining Subject the Chairperson will be remunerated at a rate fixed by the Public Service Commission from money to be appropriated for that purpose.

the Chairperson’s remuneration, Subject to subsection (6), the Chairperson may be removed or suspended from office only by the Minister for incompetence, disability, bankruptcy, neglect of duty or misconduct.

The Chairperson may resign from office by giving one month’s notice in writing to the Minister.
On the occurrence of a vacancy in the office of chairperson a new Chairperson must be appointed as soon as practicable in accordance with subsection (1).

The appointment of a Chairperson in breach of the provisions of this section will be void and of no effect and a suitably qualified person must be appointed to the vacancy.
The Minister may appoint an Acting Chairperson from amongst the members of the Central Tenders Board for a specified period if: (a) (b) the Chairperson is absent, incapacitated and unable to attend a schedule meeting of the Board; and the business of the Central Tenders Board cannot be pursued without the Chairperson’s vote.
(10) The Acting Chairperson appointed under subsection (9), in carrying out the functions and powers of the Chairperson, must: (a) (b) (c) meet the criteria for quorum set out under subsection (2); and act only during the period of appointment as an Acting Chairperson; and carry out his or her functions as specified under this Act.

11A.
11A.

Functions of the Central Tenders Board (1) The Central Tenders Board has the following functions: 9 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2018 GOVERNMENT CONTRACTS AND TENDERS [CAP.
245] to prepare and issue Standard Tender Document in consultation with the State Law Office; and to develop and disseminate standard forms for use by government agencies in the planning of procurement, for recording and reporting on procurement processes, for advertisements to be placed in the appropriate media and procedures and forms to be used in contract management; and to establish and maintain the Central Tenders Board’s website for the provision of procurement information and the publicity of Government Contracts; and to develop, introduce and manage electronic information and procurement system for the procurement of works, goods and services in Vanuatu, including: (i) (ii) (iii) (iv) electronic advertising, convening and receipt of bids; and the development of framework agreements and contracts; and the use of electronic reverse auctions; and any or all procurement modalities leading to the optimal use of public resources; and to monitor and ensure that any electronic system developed by one of more contracting agencies are done in compliance with this Act or any other Act; and to develop guidelines and instructions regarding the interpretation and implementation of this Act or any other Act; and to monitor compliance with this Act or any other Act and proposing any amendment to them regarding public procurement which appear necessary in the light of international practices and experience gained in the course of the public procurement process in Vanuatu; and to present a quarterly report to the Council regarding contracts approved by the Central Tenders Board; and to present an annual report to the Government regarding the overall functioning of the public procurement system; and to develop, promote and support training and professional development of officials and other persons engaged in public procurement, including their adherence to the highest ethical standards; and any other function imposed by this Act or any other Act.
(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (2) In addition to subsection (1), the functions of the Central Tenders Board in respect of a tender process include: (a) (b) (c) (d) (e) the approval of all tender documents which do not conform to the Standard Tender Documents issued by the Central Tenders Board; and the approval of other tender processes not based on an open and competitive tender process; and the appointment of the tender evaluation committee; and the receipt and opening of tenders; and the assessment of tenders in compliance with the tender process under this Act or any other Act; 10 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2018 GOVERNMENT CONTRACTS AND TENDERS [CAP.
245] (f) (g) (h) the recommendation of an award to the Minister for submission to Council of all Government Contracts with a value exceeding VT 100,000,000; the notification of an award to the successful and unsuccessful tenderers; the management of complaints from tenderers; (3) If a function is imposed on the Chairperson under this Act or any other Act, such function may be exercised by the Central Tenders Board or by a person delegated in accordance with the provisions of subsection 11(9).
11 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2018 GOVERNMENT CONTRACTS AND TENDERS [CAP.

245] PART 5 – TENDER PROCESS 12.

(1) (2) Procedure The Central Tenders Board must recommence the tender process when it cannot make a recommendation or its recommendation is declined by the Council.
The Central Tenders Board must not consider a tender or make a recommendation to the Council in respect of a tender: (a) (b) that has not complied with this Act or any other Act; or from a person, body corporate, company or entity who has not submitted the tender in accordance with, and followed the procedure prescribed under this Act or any other Act; or (c) which has not been the subject of a report by the evaluation committee.
(2A) In this subsection, evaluation committee means evaluation committee appointed by the Central Tenders Board under the regulation.

(3) (4) (5) (6) The Central Tenders Board must not consider a tender or make a recommendation to Council where the tender is submitted after the time and date specified for the submission of the tender has expired.
The Council must not decline a recommendation for acceptance of a tender from the Central Tenders Board unless there are compelling reasons to do so, and where the Council does decline a recommendation it must table its reasons to the Central Tenders Board within 14 days of making that decision.

The Council must not accept a tender unless the tender has been through the tender process in accordance with this Act.
To avoid doubt, the Minister responsible for the Central Tenders Board, together with the Minister referred to under subsection 3(2), are responsible for actually tabling all recommendations made by the Central Tenders Board to the Council.

Nothing is this subsection gives the Minister the power to change any recommendation of the Central Tenders Board.

Breach of tender process 13.


Unless the breach is of a minor, trivial or technical nature, a contract entered into in breach of the tender provisions of this Act, or regulations made under this Act, will not be binding on the State or the Government.

13A.
13A.

Contract splitting (1) A government agency or the Central Tenders Board must not split a single procurement requirement into separate packages or award more than one contract or arrangement in relation to the same or substantially similar subject matter for the purpose of avoiding the requirements of the tender process provided for by this Act or any regulation made under this Act.
(2) Despite subsection (1), a government agency may divide a procurement requirement, which could be procured as a single contract into a package consisting of several lots which are to be bid together, where it is anticipated that the award of several separate contracts may result in the best overall value for the government agency.

(3) The provisions of section 13B apply if a single requirement is divided into lots.

13B.
13B.

Regular suppliers (1) This section applies if: 12 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2018 GOVERNMENT CONTRACTS AND TENDERS [CAP.
245] (a) (b) (c) more than one contract or arrangement is entered into in relation to the same or substantially similar subject matter during the course of a particular year; and the total consideration payable in respect of those contracts or arrangements for that year exceed VT 5,000,000; and one or more contracts or arrangements in relation to the same or substantially similar subject matter are entered into in a subsequent year or years; (d) a requirement is divided into lots in accordance with subsection 13A(2).
Each contract or arrangement entered into in a subsequent year or years must comply with the tender process provided for by this Act and the regulations, whether or not the individual contract or arrangement exceeds VT 5,000,000.

This section applies despite any other provision in this Act.

A person who fails to comply with this section commits an offence under this Act.

(2) (3) (4) 13C.
Protection of whistleblowers (1) A person who becomes aware of a breach or an alleged breach of the tender process provided for by this Act or the regulations may report it orally or in writing to: (a) (b) (c) (d) the Director of the Department responsible for finance; or the Director of the Department of Finance; or any other senior official within the Department of Finance or the Ministry of Finance and Economic Management; or any senior official within the Office of, the Auditor-General, the Commissioner of Police or the Public Prosecutor.
(2) (3) (4) If a person referred to under subsection (1) is a public servant, such person must make such a report.

A person referred to under subsections (1) and (2) may make such report under conditions of anonymity.

The Director-General or the person authorised by the Director-General may refer the matter to the Auditor-General, the Commissioner of Police and/or the Public Prosecutor.

13D.
13D.

Complaints Review Mechanism (1) A tenderer may lodge a complaint with the Central Tenders Board if the tenderer believes that a person has breached a provision of this Act.

(2) Any complaint lodged in accordance with subsection (1) is to be heard by an independent expert in accordance with the procedures prescribed by the regulation.

13 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2018 GOVERNMENT CONTRACTS AND TENDERS [CAP.

245] PART 6 – OFFENCES AND PENALTIES 14.

(1) (2) 15.
(1) (2) 15.

(1) (2) Offences and penalties A person who acts in breach of subsections 10(2), (3), (4), (7) or 13A(1), or sections 3, 4, 8, 12 or 13B, or regulations under this Act commits an offence and is liable on conviction to a fine not exceeding VT 1,000,000 or imprisonment for a term not exceeding 1 year or in the case of a person or organization other than an individual, to a fine not exceeding VT 5,000,000.
The offences committed under subsection (1) may be mitigated in any proceedings if a person can satisfy the Court that the offence was not intentional, did not result in any personal gain for the offender and that the breach was minor, trivial, or technical.

No interference with Central Tenders Board No person shall influence or attempt to influence the Central Tenders Board in any manner.
A person who acts in contravention of this section is liable on conviction to a fine not exceeding VT 2,000,000 or imprisonment for a term not exceeding 2 years, and in the case of a person or organization other than an individual, to a fine not exceeding VT 7,000,000.

Breach of Leadership Code 16.


Where a person convicted of an offence under this Act is a leader, as that term is defined in the Leadership Code, and that offence amounts to a breach of the Leadership Code then that person is also liable to be dealt with under the Leadership Code in addition to any penalty imposed under this Act.

14 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2018 GOVERNMENT CONTRACTS AND TENDERS [CAP.

245] PART 7 – MISCELLANEOUS Regulations 17.
The Minister may make such regulations as are necessary for giving full effect to this Act and for its proper administration, including regulations for all or any of the following: (a) (b) (c) prescribing the procedure and method that must be followed when arranging a Government Contract; prescribing the procedure and method that must be followed when entering into a Government Contract; prescribing the rules, procedure and method to be followed in arranging or calling for, and approving or recommending quotations and tenders for Government Contracts and the contracting out of Government services or purchasing goods, services, or supplies on behalf of the State or Government; (d) prescribing offences against the regulations made under this Act and penalties therefore.
Audit 18.

The records, minutes and decisions of the Central Tenders Board are to be: (a) (b) audited in accordance with the Audit Act [CAP 241]; and reviewed at any time by the Public Accounts Committee and that Committee has the same powers and functions in a review under this Act as it has under any other enactment.

Act to prevail 19.
Act to prevail 19.

If any provision of this Act or of any regulation made under this Act conflicts with a provision of any enactment other than the Constitution, the provision of this Act or of any regulations made under this Act prevails.
Table of Amendments 1 2 2A 2A(1) 2A(1)(b) 2A(3) 2A(4), 2A(5) 3(2) 3(3)(g) 3(4) - 3(6) 3A 3A(1) 3A(1)(1A) 3A(3) 4(1) 4(2)(a), 4(2)(b) 7A Part 3 (heading) 8 9 10(1)(e) 10(1)(e) Amended by Act 11 of 2001 Amended by Act 40 of 2013 Inserted by Act 11 of 2001 Amended by Act 40 of 2013 Amended by Act 40 of 2013 Repealed by Act 40 of 2013 Renumbered by Act 40 of 2013 Amended by Act 40 of 2013 Amended by Act 40 of 2013 Inserted by Act 40 of 2013 Inserted by Act 8 of 2009 Amended by Act 40 of 2013 Inserted by Act 40 of 2013 Inserted by Act 40 of 2013 Amended by Act 40 of 2013 Inserted by Act 40 of 2013 Inserted by Act 40 of 2013 Amended by Act 40 of 2013 Substituted by Act 40 of 2013 Amended by Act 11 of 2001, 40 of 2013 Amended by Act 11 of 2001 Substituted by Act 40 of 2013 10(2) 10(6) 10(6), 10(6A) 10(2) 10(6) 10A 11(1) 11(2)(a) 11(2)(e) 11(3) 11(4) 11(5) 11(6) 11(9) 11(9), 11(10) 11A 12(2) 12(2), 12(2A)) 12(6) 12(6) 13A-13C 13A 13B(1)(d) Amended by Act 40 of 2013 Repealed by Act 40 of 2013 Inserted by Act 40 of 2013 Amended by Act 11 of 2001 Repealed by Act 11 of 2001 Inserted by Act 11 of 2001 Substituted by Act 40 of 2013 Amended by Act 40 of 2013 Inserted by Act 40 of 2013 Amended by Act 40 of 2013 Amended by Act 40 of 2013 Amended by Act 40 of 2013 Amended by Act 40 of 2013 Repealed by Act 40 of 2013 Inserted by Act 40 of 2013 Inserted by Act 40 of 2013 Repealed by Act 40 of 2013 Inserted by Act 40 of 2013 Amended by Act 40 of 2013 Inserted by Act 11 of 2001 Inserted by Act 11 of 2001(re- numbered from 16A-16C)
 Substituted by Act 40 of 2013 Inserted by Act 40 of 2013 15 LAWS OF THE REPUBLIC OF VANUATU Consolidated Edition 2018 GOVERNMENT CONTRACTS AND TENDERS [CAP.
245] Inserted by Act 40 of 2013 13B(4) 13C(1)(a) Substituted by Act 40 of 2013 13C(1)(b), (c), (d) Substituted by Act 40 of 2013 Substituted by Act 40 of 2013 13C(2), 13C(3) Inserted by Act 40 of 2013 13D Amended by Act 40 of 2013 14(1) Substituted by Act 40 of 2013 14(2) Repealed by Act 40 of 2013 18 Inserted by by Act 40 of 2013 18, 19 Expenditure Throughout updated Committee Tenders Board or Board updated to Central Tenders Board Committee Accounts Throughout Review Public to 16