Section 10: Powers of Board

10. Powers of Board (1) The Board— (a) shall be responsible for ensuring transparency and equity in the bidding procedures; (b) shall examine and evaluate the bids received; (c) shall make recommendations to the contracting authority for entering into negotiations with the preferred bidder; and (d) may approve the award of the project. (2) In the discharge of its functions under this Act, the Board may— (a) commission any study relevant to the determination of the award of a project; (b) request any professional or technical assistance from any appropriate body or person in Mauritius or elsewhere; (c) in relation to the examination and evaluation of bids, refer the bids to the appropriate contracting authority for examination and evaluation provided that the Board is satisfied that the contracting authority has the necessary expertise to do so. (3) Where bids are referred to a contracting authority under subsection (2) (c), the contracting authority shall examine and evaluate the bids and submit to the Board its findings within such time as may be determined by the Board. (4) The Board may— (a) request the Chairperson, supervising officer or Chief Executive Officer of a contracting authority— (i) to furnish any information or produce any records or other documents relating to a project; (ii) to answer all relevant questions; (b) examine such records or other documents and take copies or extracts therefrom. (5) Any person to whom a request is made under subsection (4) who— (a) fails to comply with the request; or (b) refuses to answer or wilfully gives any false or misleading answer to any question lawfully put by the Board, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 8 years. (6) – (7) — [S. 10 amended by s. 28 (e) of Act 18 of 2008 w.e.f. 19 July 2008; s. 41 (h) of Act 18 of 2016 w.e.f. 7 September 2016.] P55 – 7 [Issue 9]