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Section 2: Interpretation

Build Operate Transfer Projects Act

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

2. Interpretation In this Act— “bid” means a proposal submitted in response to a request for proposal pursuant to section 10; “bidder” means a participant in a request for proposal proceedings; “BOT” means build, operate and transfer; “BOT agreement” means an agreement, in relation to a BOT project, between a contracting authority and a private party; “BOT project”— (a) means a project based on the granting of rights, under a BOT agreement, to a private party, to build, set up, own, operate, rent, lease, finance, modernise, manage, maintain or develop, and to transfer the undertaking, in accordance with the BOT agreement; and (b) includes any agreement which may provide for a project based on BOO (Build, Own and Operate), BOOT (Build, Own, Operate and Transfer), DBFOT (Design, Build, Finance, Operate and Transfer) or MOT (Modernise, Own/Operate and Transfer) models; “BOT Projects Unit” means the unit referred to in section 4; “Central Procurement Board” means the Central Procurement Board established under section 8 of the Public Procurement Act; B13 – 1 [Issue 10] “contracting authority” means a Ministry, a Government department, a local authority, the Rodrigues Regional Assembly, a statutory body or any other Government-owned entity, or Government-controlled entity, designated by Government; “control”, in relation to “Government-controlled”, has the same meaning as in section 3 (1D) of the Public Procurement Act; “Director” means the Director referred to in section 4 (1) of the Public Procurement Act; “foreign State” has the same meaning as in section 2 of the Public Procurement Act; “Minister” means the Minister to whom responsibility for the subject of finance is assigned; “own”, in relation to “Government-owned”, has the same meaning as in section 3 (1D) of the Public Procurement Act; “private party” means a corporate body established, incorporated or registered in Mauritius, or a consortium of corporate bodies; “Procurement Policy Office” means the Procurement Policy Office referred to in section 4 of the Public Procurement Act; “project period” means the initial period of a BOT agreement and any extension thereof. [S. 2 amended by s. 6 (a) of Act 10 of 2017 w.e.f. 24 July 2017.]

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