Section 24: Request for proposals

24. Request for proposals (1) Where, in respect of consultancy services, the request for proposals method is used, the public body shall draw up a shortlist of consultants, to ensure effective competition, from among those who have the capacity to perform the required services. (2) (a) Where the estimated value of the procurement exceeds the prescribed threshold, the public body shall, in order to draw up the shortlist, seek expressions of interest by publishing a notice in a national newspaper of wide circulation and include in the list those who have expressed interest in the procurement. P56 – 13 [Issue 1] Public Procurement Act (b) Where the estimated value of the contract does not exceed the prescribed threshold, the shortlist may be drawn up on the basis of the public body's own knowledge and information. (3) The public body shall issue a request to the shortlisted consultants, asking them to confirm their interest by submitting a proposal, which shall include such information as may be prescribed that enables them to participate in the procurement proceedings and to submit proposals that are responsive to the needs of the public body. (4) The selection of the successful proposal shall be based— (a) on the technical quality of the proposal, the consultant's relevant experience, the expertise of his key staff, the proposed work methodology, as well as the price of the proposal; (b) on the quality of the technical proposal submitted within a predetermined fixed budget; (c) on the best financial proposal submitted by the candidates having obtained an acceptable technical score pre-disclosed in the request for proposals; or (d) where the services are of an exceptionally complex nature or likely to have considerable impact on future projects or national economy or may lead to the submission of proposals with prices which are not comparable, exclusively on the technical quality of the proposal. (5) The public body shall evaluate each technical proposal on the basis of criteria which shall include— (a) the consultant's relevant experience for the assignment; (b) the quality of the methodology proposed; (c) the qualifications of the key staff proposed; (d) transfer of knowledge, if required in the request for proposals; and (e) in the case of international competition, the extent of participation by nationals among key staff in the performance of the assignment. (6) The financial proposals of bidders who have secured the minimum pass mark in the technical evaluation shall then be considered and evaluated by the public body after a public announcement of the results of the technical evaluation. (7) Where the choice of consultancy services is made in accordance with section 15 (1) (b) (i) (A), (C) or (D), the financial proposals of all consultants whose technical proposals attained the required minimum pass mark shall be read out to the bidders who wish to attend, in accordance with the prescribed procedure. [Issue 1] P56 – 14 Revised Laws of Mauritius (8) Where the choice of consultancy services is made in accordance with section 15 (1) (b) (i) (B), only the financial proposal of the consultant whose technical proposal achieved the highest ranking shall be evaluated. (9) (a) The contract may be negotiated with the winning consultant with regard to the terms of the request for proposals, the scope of the proposed services, deliverables, progress reports, facilities to be provided by Government and, subject to paragraph (b), the financial pr us (8) Where the choice of consultancy services is made in accordance with section 15 (1) (b) (i) (B), only the financial proposal of the consultant whose technical proposal achieved the highest ranking shall be evaluated. (9) (a) The contract may be negotiated with the winning consultant with regard to the terms of the request for proposals, the scope of the proposed services, deliverables, progress reports, facilities to be provided by Government and, subject to paragraph (b), the financial proposal. (b) Where price has been a factor, the fee for services shall not be subject to negotiation and only the cost of reimbursable items may be negotiated in such manner as may be prescribed. (c) Where the negotiations fail to result in an acceptable contract, the public body shall notify the consultant accordingly and proceed to the next ranked bidder, and so on. (10) The consultant whose bid attains the highest score, in accordance with the criteria and selection method set forth in the request for proposals, or the one with the least cost in the case of the least cost method of selection, shall be selected for award, subject to satisfactory conclusion of negotiations. (11) Where the value of a contract— (a) does not exceed the prescribed threshold referred to in section 40 (3), the public body shall award the contract to the successful consultant and notify all the other shortlisted consultants of the decision; (b) exceeds the prescribed threshold referred to in section 40 (3), the public body shall notify the successful consultant of its or his selection for award and shall simultaneously notify all the other shortlisted consultants of the decision. (12) In the absence of a challenge by any other shortlisted consultant within 7 days of a notice issued under subsection (11) (b), the public body shall award the contract to the successful consultant. [S. 24 amended by s. 22 (f) of Act 27 of 2012 w.e.f. 22 December 2012.]