377 tal-2004 - Regolamenti tal-2004 li jemendaw ir-Regolamenti dwar il-Kuntratti Pubbliċi

L.N. 377 of 2004

FINANCIAL ADMINISTRATION AND AUDIT ACT

(CAP. 174)

Public Contracts (Amendment) Regulations, 2004

BY virtue of the powers conferred by article 4 of the Financial

Administration And Audit Act, the Prim Minister and Minister of

Finance has made the following regulations>–

(1) The title of these regulations is the Public Contracts

(Amendment) Regulations, 2004 and they shall be read and construed

as one with the Public Contracts Regulations, 2003, hereinafter referred

to as “the principal regulations”.

(2) These regulations shall be deemed to have come into

force on the 1st May, 2004.

Regulation 20 of the principal regulations shall be amended

as follows>-

(a) immediately at the end of sub-regulation (3) thereof,

there shall be added the words>

“The letter by the complaining tenderer shall be affixed

on the notice board of the Contracting Authority and shall be

brought to the attention of the recommended tenderer. The

Contracting Authority shall be precluded from concluding

the contract during the period allowed for the submission of

appeals. The award process shall be completely suspended if

an appeal is eventually submitted.”< and

(b) immediately at the end of sub-regulation (5) thereof,

there shall be added the words>

“The written decision of the General Contracts

Committee shall be affixed on the notice board of the

Contracting Authority and copies thereof shall be forwarded

to all the parties involved.”.

Immediately at the end of the second paragraph of regulation

21 of the principal regulations there shall be added the words>

“The Minister may delegate his authority in writing to the

Permanent Secretary or to any other senior official in his Ministry.”.

Immediately at the end of paragraph (10) of regulation 102 of Amends

regulation 102 of

the principal regulations there shall be added the following proviso> the principal

regulations.

“Provided further that any rights granted to tenderers by virtue

of sub-regulation (19) of regulation 104 of these regulations shall

also apply to appeals decided by the Appeals Board under this

Part.”.

Immediately at the end of sub-regulation (1) of regulation 103 Amends

regulation 103 of

of the principal regulations there shall be added the words>

the principal

regulations.

“The Department of Contracts or the Contracting Authority

involved, as the case may be, shall be precluded from concluding

the contract during the period of 14 working days allowed for the

submission of appeals. The award process shall be completely

suspended if an appeal is eventually submitted.”.

For Schedules 1, 2 and 3 of the principal regulations, there Substitutes

Schedules 1, 2 and

shall be substituted the following>-

3 of the principal

regulations.