Performance of a public function or use of public property


Question 1:

Taking the case of Mauritius, in machinery of government, the Procurement Policy Officer is the central organ of the Government that regulates the procurement system and acts as an Oversight Body.   State the objectives, functions and powers of Procurement Policy Office.

Question 2:

The Public Procurement Act 2006 provides for the basic principles and procedures to be applied in and regulates the public procurement of goods, consultant services, public works, and other services.

Explain and describe how the Public Procurement Act 2006 has brought about radical changes in procurement in public sector.

Question 3:

Under the Public Procurement Act 2006, unsatisfied bidders and suppliers have the right to challenge and make an appeal for review against the decision of a public body to award a procurement contract.  In certain circumstances, this may cause delay in the procurement.

Critically measure the effectiveness of challenge and appeal mechanisms in the current procurement system.

Question 4:

Public Private Partnership (PPP) means investment by private sector participation by a contractual arrangement between a procuring entity and a private sector entity where the private sector entity:

a) Undertakes to perform or undertakes any construction project or service or lease;

b) Supposes substantial financial, technical and operational risks in connection with the performance of a public function or use of public property; and

c) Receives consideration for performing a public function or utilizing the public property, by way of fees from any public funds, user levies collected by  the private sector entity from users or customers for a service provided by it, or a combination of such combination.

(i) Write concisely on two kinds of PPP in Mauritius.

(ii) In your view, what consideration must a public body make before opting for PPP?

(iii) Explain and discuss two forms of PPP utilized in Mauritius.

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Other Subject: Performance of a public function or use of public property
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