Powers of The Board
(1) In the discharge of its functions, the Board may –
(a) call for such information and documents as it may require from any public body;
(b) examine such records or other documents and take copies or extracts from them;
(c) commission any studies relevant to the determination of the award of major contracts;
(d) request any professional or technical assistance from any appropriate person in Mauritius or elsewhere;
(da) make appointments pursuant to section 10(1)(c) following a call for applications by public advertisement; and
(e) do all such acts and things as it may consider incidental or conducive to the exercise of its functions.
(2) Any person to whom a request is made under subsection 1(a) and who fails to comply with the request, or willfully gives any false or misleading answers to any question lawfully put by the Board, shall commit an offence.
(3) Where -
(a) any variation in a contract price subsequent to the conclusion of a procurement contract entered into by a public body causes the total contract amount to exceed the prescribed amount by more than 20 per cent; or
(b) the lowest bid submitted or the lowest evaluated substantially responsive bid in response to an invitation made by a public body exceeds the prescribed amount, the matter together with all the bidding documents
and the contract documents, if any, shall be referred to the Board for approval.
- (4) Where it comes to the knowledge of the Board that a contract has been awarded or is about to be awarded in breach of this Part, the Board shall forthwith report the matter to the Head of the Civil Service, with a copy to the
Director, recommending such action as it may think appropriate.
- (5) The Head of the Civil Service may, where he considers appropriate, refer any matter reported to him under subsection (4) to the Police for enquiry.
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