Public Private Partnership Policy Statement (Ministry of Economic Development, Financial Services, and Corporate Affairs, 2003) covers how PPPs fit into the larger economic framework of the country, defines a PPP, the objectives of the PPP policy, the sectors in which PPPs should be applied, and key considerations for assessing PPPs. The PPP Act of 2004 (Gazette of Mauritius No 113, Act No. 37 of 2004) establishes the PPP Unit, defines the responsibilities of implementing agencies, and defines the key elements of PPP-related agreements and studies. PPP Guidance Manual (Ministry of Finance and Economic Development, 2006) provides an overview of PPPs and their relevance in Mauritius, and also guidance through the PPP design and implementation process. In August 2010, Government set up a Review Committee to propose changes that need to be brought to our public procurement legislation in the light of the observations. In its deliberations, the Committee also took note of the weaknesses and shortcomings identified during the course of implementation of the Public Procurement Act 2008 and the feedback obtained from stakeholders on our public procurement system.
The Review of the PPP framework also highlighted that the definition of contracting authorities as per the PPP Act is restrictive in the sense that it does not cover all public enterprises. There is thus no standard practice across the public sector. This not only exposes the implementation of PPP projects to legal and procedural uncertainty but also to the risk that these enterprises could enter into long-term contracts (outside the requirements of the PPP Act) that could become unaffordable, not provide the public sector with better value for money, and expose the public sector to significant fiscal risks.
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