Section 2: Interpretation

2. Interpretation In this Act— “bid” includes a proposal submitted in response to a request issued pursuant to section 24; “bid security” means the security instrument required to ensure that a bid will remain valid during the period stated in the bidding document; “bidder” means a participant or potential participant in procurement proceedings; “bidding document”— (a) means any document issued by a public body on the basis of which bidders prepare bids; and (b) includes any document which contains instructions to bidders, specification, maps, designs, terms of reference, work schedules, evaluation criteria, bills of quantities, conditions of contract or other similar items; “Board” means the Central Procurement Board established under section 8; “Chairperson” means the Chairperson of the Board or Review Panel, as the case may be; “challenge” means a challenge made pursuant to section 24, 40 or 43; “Chief Executive” means the person referred to in section 9 (1); [Issue 10] P56 – 2 Revised Laws of Mauritius “chief executive officer” means the administrative head of a public body; “consultancy services” means services of an intellectual and advisory nature, not incidental to the supply of goods or execution of works, such as design, supervision, training, analysis, auditing, software development, and similar services; “consultant” means a person under contract to provide consultancy services to a public body in relation to a procurement contract; “contractor” means a person who has entered into a procurement contract with a public body; “control” has the same meaning as in the Public Debt Management Act; “donor organisation” means an organisation based outside Mauritius which provides, or joins in providing, grants, credits or loans to Government or its agencies; “exempt organisation” means a body which is, by regulations, excluded from the application of this Act; “foreign State” includes any Ministry, department of Government, organ, statutory body, Government-owned or Government-controlled corporation, or other agency, of the foreign State; “framework agreement” means an agreement or other arrangement between one or more public bodies or a lead organisation and one or more suppliers which establishes the terms and conditions under which the supplier will enter into one or more contracts with the public body in the period during which the agreement or arrangement applies; “goods” means objects of every kind and description, including commodities, raw materials, manufactured products and equipment, industrial plant, objects in solid, liquid or gaseous form, electricity, as well as services incidental to the supply of the goods such as freight and insurance; “lead organisation” means a public body designated by the Policy Office to enter into and manage a framework agreement on its own behalf and that of other public bodies, or on behalf of other public bodies; “local authority”— (a) has the same meaning as in the Local Government Act; and (b) includes the Rodrigues Regional Assembly; “major contract” means a contract for the procurement of goods or services or the execution of works— (a) to which a public body is or proposes to be a party; and (b) the estimate of the fair and reasonable value of which exceeds the prescribed amount; P56 – 3 [Issue 10] Public Procurement Act “member”— (a) means a member of the Policy Office, Board or Review Panel, as the case may be; and (b) includes the Director, or Chairperson of the relevant body, as th udes the Rodrigues Regional Assembly; “major contract” means a contract for the procurement of goods or services or the execution of works— (a) to which a public body is or proposes to be a party; and (b) the estimate of the fair and reasonable value of which exceeds the prescribed amount; P56 – 3 [Issue 10] Public Procurement Act “member”— (a) means a member of the Policy Office, Board or Review Panel, as the case may be; and (b) includes the Director, or Chairperson of the relevant body, as the case may be; “Minister” means the Minister to whom responsibility for the subject of finance is assigned; “officer” means a person who is assigned to, or employed by, the Policy Office, Board or Review Panel; “other services” means any services other than consultancy services or services incidental to the supply of goods or execution of works; “own” has the same meaning as in the Public Debt Management Act; “Policy Office” means the Procurement Policy Office referred to in section 4; “prescribed amount” means the amount specified in column 3 of the Schedule corresponding to the public body specified in column 1 in relation to the type of contract specified in column 2 of that Schedule; “procurement” means the acquisition by a public body, by purchase, lease or any other contractual means, of goods, works, or consultancy or other services; “procurement contract”— (a) means a contract between a public body and a supplier, contractor or consultant resulting from procurement proceedings; and (b) includes a contract under a framework agreement; “public body”— (a) means any Ministry or Government department; (b) includes— (i) a local authority; (ii) a parastatal body; and (iii) such other bodies as may be specified in the Schedule; “public official” means— (a) an officer; (b) a supplier, contractor or consultant or any of their agents; and (c) a public officer or other person employed by a public body; “responsive” in relation to a bid, means responsive to the basic requirements of a bid regarding ability to perform and complete on time; “Review Panel” means the Independent Review Panel referred to in section 44; [Issue 10] P56 – 4 Revised Laws of Mauritius “supplier” means a person delivering goods, works, consultancy services or other services; “Vice-chairperson” means any Vice-chairperson of the Board; “works” means any work associated with the construction, reconstruction, demolition, repair or renovation of a building, structure or works, such as site preparation, excavation, erection, building, installation of equipment or materials, decoration and finishing, as well as services incidental to construction such as drilling, mapping, satellite photography, seismic investigations and similar services. [S. 2 amended by s. 35 (a) of Act 14 of 2009 w.e.f. 30 July 2009; s. 24 (a) of Act 38 of 2011 w.e.f. 15 December 2011; s. 22 (a) of Act 27 of 2012 w.e.f. 22 December 2012; s. 39 (a) of Act 27 of 2013 w.e.f. 21 December 2013; s. 43 (a) of Act 9 of 2015 w.e.f. 15 August 2015; s. 44 (a) of Act 10 of 2017 w.e.f. 24 July 2017; s. 59 (a) of Act 11 of 2018 w.e.f. 9 August 2018.] 5 August 2015; s. 44 (a) of Act 10 of 2017 w.e.f. 24 July 2017; s. 59 (a) of Act 11 of 2018 w.e.f. 9 August 2018.]