Local Councils (procedures) (Amendments) Regulations, 2000

L.N. 28 of 2006

LOCAL COUNCILS ACT, 1993

(ACT NO. XV OF 1993)

Local Councils (procedures) (Amendments) Regulations, 2000

IN exercise of the powers conferred by subsection (3) of section

72 of the Local Councils Act, 1993, the Minister for Justice and Local

Government with the concurrence of the Minister of Finance has made

the following regulations:-

(1) The title of these regulations is the Local Councils

(Procedures) (Amendment) Regulations, 2000, and they shall be read

and construed as one with the Local Council (Procedures) Regulations,

1996, hereinafter referred to as "the principal regulations".

(2) These regulations shall come into force one month after

their publication in the Gazette.

In regulation 2 of the principal regulations for the words "in

the Schedule hereto." there shall be substituted the words "in the First

Schedule hereto as may be amended in accordance with the provisions

of any subsequent schedule hereto.".

The Schedule to the principal regulations shall be renamed

"First Schedule" and immediately at the end thereof there shall be added

the following new Second Schedule:-

"SECOND SCHEDULE

The Procedures specified in the First Column of the Schedule

shall have effect subject to the amendments specified in the Second

Column thereof.

SECOND COLUMN

FIRST COLUMN

EXTEND OF AMENDMENT

PROCEDURES

1. P1.09 shall be amended as follows

L.C.P. 1/96 - Local

Councils (Financial)

(a) in item e.O1, for the words "Lm100"

Procedures, 1996.

there shall be substituted the words "Lm5OO";

and

(b) in item e.02, for the words "Lm1oo"

and "Lm1000" there shall be substituted the

words "Lm5OO" and "Lm2,OOO" respectively;

(c) in item e.03" for the words "Lm1000"

there shall be substituted the words

"Lm2000".

2. In item c.09 ofPl.14, immediately after

the words "must be deposited daily" there shall

be added the words "or not less than twice a

week".

L.C.P. 3/96 - Local

1. In P3 .03, a, for the words from "The

Councils (Tendering)

Secretary" to "of the tender submitted." there

Procedures, 1996.

shall be substituted the following:-

"The Secretary is to ensure that bid bonds

submitted by Tenderers are in conformity with

the following table

Estimate Value of Contract

Bidbond

requested

Up to Lm2,000

..

Nil

from Lm2,001 to Lm5,000 .

Lm200

from Lm5,001 to Lm15,000 .

Lm500

from Lm15 ,00 1 to Lm25,000 .

Lm1,000

from Lm25,001 to Lm:;O,Ooo .

Lm2,OOO

Lm2,500.".

Lm50 ,00 1 and over ........

2. Immediately at the end of Appendix

P3.V, there shall be added the following:-

"BID BOND - SPECIAL CONDITIONS

This Tender must be accompanied by a valid

and original Bid Bond issued by a Maltese Bank

to the amount of

Malta lira (Lm

)

in the form ofthe attached specimen Bid-Bond.

This Bid Bond must be valid for a period of

___ calendar months from the date set for

submission of tenders. This Bid Bond is

intended as a pledge that the Tenderer will enter

into a contract with the Local Council on the

terms stated in his Tender and will furnish a

Performance Bond (as per specimen attached

to the Tender Documents) covering the faithful

performance of the Contract and the payment

of all obligations arising hereunder. The Bid

Bond shall be forfeited if the Tenderer

with,draws his tender before the stipulated

period of

months or if Tenderer fails to

provide the Performance Bond within seven (7)

days of the receipt of the Letter of Acceptance.

The Local Council shall have the right to

retain the Bid Bond of Tenderers until, either

(a) the Contract has been placed and

Performance Bond has been furnished, or (b)

the specified time has elapsed so that Tenders

may be withdrawn, or (c) Tenders have been

rejected.

Offers which on the closing time and date

fixed for the submission of the Tender are not

accompanied by the mandatory Bid Bond, will

be disqualified.".

3. Appendix P3.IX, A (Services), clause

47 shall be amended as follows

(a) in the third paragraph thereof,

immediately after the words "performance

of the service." there shall be added the

following sentence:-

"Where the Local Council requires an

increase in the service which varies the

Contract Sum by more than 20%, the

Local Council shall either definitely

terminate the contract awarded to the

Contractor and issue a fresh call for

tenders, or shall only issue a call for

tenders for that part of the variation,

provided that ifthe part of variation is less

than Lm2000 or 5% of the financial

ordinary allocation, the limitations for

direct orders or quotations shall apply.";

and

(b) in the fourth paragraph thereof, the

words from "When the method variation" to

the words "performance of the service." shall

be deleted.