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Section 15: Choice of procurement method

Public Procurement Act · PART IV: PROCUREMENT METHODS

consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

15. Choice of procurement method (1) Subject to subsection (2), the choice of procurement methods available to a public body shall be— (a) for the procurement of goods, other services and works, by— (i) open advertised bidding; (ii) restricted bidding; (iii) request for sealed quotations; (iv) direct procurement; (v) community or end-user participation; or (vi) departmental execution; and [Issue 7] P56 – 12 (2) Revised Laws of Mauritius (b) for the procurement of consultancy services, by— (i) request for proposals on the basis of— (A) quality and cost; (B) quality alone; (C) quality and fixed budget; or (D) least cost and acceptable quality; (ii) direct procurement; or (iii) open advertised bidding. (2) (a) Except in the cases referred to in paragraph (d), procurement shall, in the case of goods, other services or works, be made by means of open advertised bidding, to which equal access shall be provided to all eligible and qualified bidders without discrimination. (b) Open advertised bidding proceedings may include a prequalification stage, or post qualification procedures, before selection of the winning bidder. (c) Open advertised bidding proceedings shall be carried out in a single stage or in 2 stages in the cases referred to in section 29. (d) A method of procurement referred to in subsection (1) (a) (ii) to (vi) may be used only if the public body has reason to believe that open advertised bidding— (i) will not be efficient or practical for the procurement in question; or (ii) will be too costly to apply, given the value of the procurement. (e) Where a public body uses a method of procurement other than open advertised bidding or, in the case of the procurement of consultancy services, a method other than one specified in subsection (1) (b) (i), it shall note in the record of the procurement proceedings the ground for the choice of the procurement method. [S. 15 amended by s. 43 (h) of Act 9 of 2015 w.e.f. 15 August 2015.]

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