Public Procurement (Amendment No. 3) Regulations, Government Notice no. 149 of 2023

1. These regulations may be cited as the Public Procurement (Amendment No. 3) Regulations 2023.

2. In these regulations – "principal regulations" means the Public Procurement Regulations 2008.

3. Regulation 2 of the principal regulations is amended by deleting the definition of "parastatal body".

4. Regulations 2A and 2B of the principal regulations are revoked and replaced by the following regulations –

2A. Non-application of Act The Act shall not apply to a public body specified in the first column of the First Schedule with regard to such contract as specified in the second column of that Schedule.

2B. Application of Act (1) The Act shall apply to a public body specified in the first column of the Eighth Schedule. (2) The prescribed amount for a public body shall, in respect of a type of contract specified in the second column of the Eighth Schedule, be that specified in the third column of that Schedule.

5. The principal regulations are amended by inserting, after regulation 2B, the following new regulation –

2C. Non-application of Parts III, IV, V and VI of Act Parts III, IV, V and VI of the Act shall not apply to the procurement of goods, works, consultancy services or other services specified in the Ninth Schedule.

6. The principal regulations are amended by adding the Eighth Schedule and Ninth Schedule set out in the First Schedule and Second Schedule to these regulations, respectively.

7. These regulations shall be deemed to have come into operation on 20 July 2023. Made by the Minister, on the recommendation of the Procurement Policy Office, on 3 October 2023.

FIRST SCHEDULE [Regulation 6]

EIGHTH SCHEDULE [Regulation 2B] First Column Second Third Column Column Public body Type of Prescribed contract amount (Rs) PART I All contracts 35 million Local authorities Rodrigues Regional Assembly and Departments of the Rodrigues Regional Assembly PART II All contracts 20 million Aapravasi Ghat Trust Fund Academy of Design and Innovation Arabic-speaking Union Bhojpuri-speaking Union Bus Industry Employees Welfare Fund Chagossian Welfare Fund Chinese-speaking Union Civil Service Family Protection Scheme Board Competition Commission Conservatoire National de Musique François Mitterrand Trust Fund Construction Industry Development Board Creole-speaking Union Early Childhood Care and Education Authority English-speaking Union Export Processing Zone Development Authority Financial Intelligence Unit Financial Reporting Council Fishermen Investment Trust Fishermen Welfare Fund Hindi-speaking Union Human Resource Development Council Independent Broadcasting Authority Institute of Technical Education and Technology Insurance Industry Compensation Fund Islamic Cultural Centre Trust Fund Land Drainage Authority Law Reform Commission Le Morne Heritage Trust Fund Loïs Lagesse Trust Fund Malcolm de Chazal Trust Fund Manufacturing Sector Workers Welfare Fund Marathi-speaking Union Mauritian Cultural Centre Trust Mauritius Council of Registered Librarians Mauritius Emerging Technologies Council Mauritius Ex-Services Trust Fund Mauritius Institute of Education Mauritius Marathi Cultural Centre Trust Mauritius Museums Council Mauritius Qualifications Authority Mauritius Renewable Energy Agency Mauritius Research and Innovation Council Mauritius Society for Animal Welfare Mauritius Society of Authors Mauritius Sports Council Mauritius Tamil Cultural Centre Trust Mauritius Telugu Cultural Centre Trust Media Trust National Adoption Council National Art Gallery National Children's Council National Cooperative College National Council for the Rehabilitation of Disabled Persons National Economic and Social Council National Environment Cleaning Authority National Heritage Fund National Institute for Co-operative Entrepreneurship National Institute of Sports National Library National Productivity and Competitiveness Council National Solidarity Fund National Wage Consultative Council National Women's Council National Women Entrepreneur Council National Women's Sports Commission National Youth Council Nelson Mandela Centre for African Culture Trust Fund Professor Basdeo Bissoondoyal Trust Fund Rabindranath Tagore Institute Rajiv Gandhi Science Centre Trust Fund Ramayana Centre Rights Management Society Sanskrit-speaking Union Seafarers' Welfare Fund Senior Citizens Council Sir Seewoosagur Ramgoolam Foundation Small Farmers Welfare Fund Special Education Needs Authority St Antoine Planters Co-operative Trust Sugar Cane Planters Trust Tamil-speaking Union Taxi Operators Welfare Fund Telugu-speaking Union Tourism Employees Welfare Fund Town and Country Planning Board Trade Union Trust Fund Training and Employment of Disabled Persons Board Trust Fund for Specialised Medical Care Urdu-speaking Union Vallee d'Osterlog Endemic Garden Foundation World Hindi Secretariat Other statutory bodies, partly or fully funded by Government, not specified in this Schedule PART III All contracts 70 million Ministries/Government departments/National Assembly Agricultural Marketing Board Beach Authority Economic Development Board Financial Services Commission Food and Agricultural Research and Extension Institute Gambling Regulatory Authority Higher Education Commission Irrigation Authority Mahatma Gandhi Institute Mauritius Digital Promotion Agency Mauritius Educational Development Company Ltd Mauritius Examinations Syndicate Mauritius Film Development Corporation Mauritius Institute of Health Mauritius Institute of Training and Development Mauritius Meat Authority Mauritius Oceanography institute Mauritius Standards Bureau Mauritius Tourism Promotion Authority Open University of Mauritius Outer Islands Development Corporation Polytechnics Mauritius Ltd Private Secondary Education Authority Public Officers' Welfare Council Quality Assurance Authority Rodrigues Educational Development Company Ltd Sir Seewoosagur Ramgoolam Botanical Garden Trust Sugar Industry Labour Welfare Fund Tourism Authority Université des Mascareignes University of Mauritius University of Technology, Mauritius PART IV All Contracts 135 million Cargo Handling Corporation Ltd Central Electricity Board Central Water Authority Development Bank of Mauritius Ltd Information and Communication Technologies Authority Mauritius Broadcasting Corporation Mauritius Cane industry Authority Mauritius Housing Company Ltd Mauritius Ports Authority Mauritius Revenue Authority Mauritius Shipping Corporation Ltd National Housing Development Company Ltd National Transport Corporation Road Development Authority State Informatics Ltd State Investment Corporation Limited State Trading Corporation Waste Water Management Authority

SECOND SCHEDULE [Regulation 6]

NINTH SCHEDULE [Regulation 2C] 1. Procurement by a diplomatic mission of Mauritius abroad 2. Procurement by a public body in respect of – (a) rental of office space; (b) training services; (c) vessels, including chartering, maintenance, repairs, related consultancy or brokerage services and periodic overhauls in a dry dock; (d) legal services 3. Procurement by the Central Water Authority for road reinstatement with respect to the unfinished and remaining works of the ongoing project for the fixing of appurtenances, construction of chambers, household connection works, laying and commissioning of pipelines and other ancillary works thereto in and around the area of Rose Hill