Mauritius

Fragmentation and Complexity of the Legal Framework

Issue:
The Public Procurement Act (PPA) and Public Procurement Regulations (PPR) lack full alignment with e-Procurement, creating legal inconsistencies and making compliance challenging. The legal framework also does not fully integrate sustainable public procurement (SPP).

Recommendations:

• Revise the PPA and PPR to fully integrate e-Procurement requirements.
• Simplify and modernize procurement regulations to improve clarity and compliance.
• Develop and implement an SPP framework to integrate sustainability considerations.

Weaknesses in the Complaints and Appeals Process

Issue:
The Independent Review Panel (IRP) lacks comprehensive guidance for suppliers and does not offer remote or virtual hearings for challenges.

Recommendations:

• Develop and publish a user-friendly guide on the complaints process.
• Introduce remote and paper-based review options for procurement disputes.

Limited Accountability in Procurement Decision-Making

Issue:
Public entities lack clear responsibility and accountability mechanisms for procurement, particularly in major infrastructure projects, leading to inefficiencies.

Recommendations:

• Clarify the roles and responsibilities of procurement entities, particularly in large-scale projects.
• Strengthen the role of the CPB in supporting, rather than taking over, procurement decisions.

Need for Procurement Professionalization

Issue:
There is no dedicated regulatory body for certifying and professionalizing procurement officials, resulting in inconsistent skills, qualifications, and career development.

Recommendations:

• Establish a national regulatory body to oversee procurement professionalization.
• Introduce certification programs for procurement professionals.
• Facilitate internships and training to improve procurement skills.

Limited Market Analysis and Supplier Engagement

Issue:
Public entities do not conduct market research or analyze procurement trends, reducing efficiency and competition.

Recommendations:

• Develop market research guidelines to inform procurement planning.
• Promote supplier engagement initiatives to encourage participation.

Barriers to Competition

Issue:
Supplier participation remains low due to complex bidding requirements and lack of tailored procurement methods for SMEs.

Recommendations:

• Investigate barriers to competition and streamline bidding requirements.
• Ensure procurement methods align with contract complexity to encourage SME participation.

Weak Contract Management and Monitoring

Issue:
Public entities face challenges in monitoring contract performance, resulting in delays and inefficiencies.

Recommendations:

• Introduce standardized contract management tools and performance-tracking mechanisms.
• Integrate contract monitoring functions into the e-Procurement system (e-PS).

Limited Engagement with Civil Society Organizations (CSOs)

Issue:
There is insufficient involvement of CSOs and independent stakeholders in procurement monitoring.

Recommendations:

• Establish formal consultation mechanisms with CSOs for procurement oversight.
• Provide capacity-building initiatives to enhance CSO engagement in procurement monitoring.

Lack of Open Contracting Data and Transparency

Issue:
Mauritius’ e-Procurement system (e-PS) does not support Open Contracting Data Standards (OCDS), limiting transparency and public access to procurement data.

Recommendations:

• Update e-PS to adopt OCDS, ensuring real-time access to procurement data.
• Develop training programs on procurement data analysis for public and private stakeholders.

Need for Stronger Anti-Corruption Measures

Issue:
While Mauritius has an Independent Commission Against Corruption (ICAC), procurement-related fraud detection remains limited, and no automated tools exist for screening collusion.

Recommendations:

• Develop automated fraud and collusion detection tools within the e-PS.
• Strengthen cooperation between the PPO and ICAC for proactive corruption prevention.