Regulations, 2004

L.N. 457 2004

LOCAL COUNCILS ACT

(CAP. 363)

Local Councils (Tendering) Regulations (Amendment)

Regulations, 2004

IN exercise of the powers conferred by order 38 of the Standing

Orders in the Sixth Schedule to the Local Councils Act, and by article

72 of the said Act, the Deputy Prime Minister and Minister for Justice

and Home Affairs has made the following regulations>-

The title of these regulations is Local Councils (Tendering)

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

as one with the Local Councils (Tendering) Regulations, 1993,

hereinafter referred to as “the principal regulations”.

Regulation 2 of the principal regulations shall be amended as

Amends regulation

follows>-

(a) immediately after the definition “Act” there shall be

inserted the new definition as follows>-

“ “appellant” means a bidder who has lodged an appeal

against a Council’s decision<”<

(b) immediately after the definition “bid bond” there shall

be inserted the new definition as follows>-

“ “bidder” means, that person who has submitted a tender

to the Council in accordance with these regulations<”<

(c) immediately after the definition “contractor” there shall

be inserted the new definitions as follow>-

“ “Executive Secretary” shall have the same meaning as

is assigned to it in the Act<

“publication” means the affixing of the Council’s

decision on the Council’s notice-board<”.

Immediately after paragraph (d) of regulation 3 of the principal Amends

3 of the principal

regulations there shall be inserted the following new paragraph>

regulations.

“(e) prepare an estimate of the contract value, which

estimate shall be approved by the Council.”.

For subregulation (2) of regulation 9 of the principal Amends regulation

9 of the principal

regulations there shall be substituted the following>-

regulations.

“(2) The Executive Secretary shall, within three working

days from the decision by the Council, publish the decision stating

also the reasons in accordance with paragraph (c) of subarticle (2)

of article 40 of the Act.”.

Part IV of the principal regulation shall be renumbered as Part Renumbers Part IV

and adds new Part

V thereof, and immediately after regulation 9 of the principal regulations, to the principal

there shall be added the following new part>-

regulations.

“Part IV

Appeals

Board to hear

(1) The Minister shall appoint a Board to hear

appeals from

and decide on appeals from decisions taken by any Local

Council in respect of any call for tenders issued by such Local

Council. The names of all Board members and also their

substitutes shall be published in any two local newspapers.

(2) The Board shall have the powers to hear and

decide on appeals submitted by aggrieved bidders against a

decision by such Council in respect of Tenders with a contract

value estimated to cost between two thousand and one liri

(Lm 2001) and five thousand liri (Lm 5000) and in all cases

where, instead of an established contract value, there shall be

established or tendered rates>

Provided that notwithstanding these provisions, in cases

where the Council fails to establish the estimated contract

value, the appeal shall be decided in accordance with the least

offer tendered.

(3) The Board shall be composed of a Chairman

and two other members appointed after consultations with

the Executive of the Local Councils Association.

(4) The Chairman and members of the Board shall

serve on an honorary basis for a period of one year and may

be reappointed every year for a period not exceeding three

consecutive years.

(5) The Minister shall also appoint substitutes for

the Chairman and the Board members to serve in cases where

either the Chairman or any member of the Board abstains or

is prevented from acting. In that case the same conditions as

those applicable to the Chairman or members of the Board

shall apply.

(6) Any matter related to the reason for

abstentions or prevention shall be decided by the Chairman.

(7) It shall be the duty of every Board member to

disclose any interest he may have in any appeal brought before

the Board, and the Chairman shall appoint his substitute. In

cases where the interest disclosed is that of the Chairman, the

substitute Chairman shall assume the chairmanship of the

Board.

(8) The Board shall have a Registrar, and such

function shall be assumed by the Executive Secretary of the

Local Councils Association or his substitute as approved by

the Board members.

(9) The Board shall convene at the administrative

offices of the Local Councils Association or at a place

approved by the President of the Local Councils Association.

(10) The Minister may at any time dissolve the

Board of Appeals or remove any member of the Board or any

substitute when he so deems necessary.

Summoning

(1) Upon the receipt of a notice of appeal, the

of the Board

Board Registrar shall immediately inform the Chairman to

summon the Board as early as possible and in no case any

later than five working days from the date when the notice of

appeal is received.

(2) Upon notification of the date and time to the

Board members, the Board Registrar shall send to all parties

all the details regarding the objections to be heard.

(3) The Board Registrar shall also notify all

interested parties, of the place, date and time of the hearing.

The Board shall have the right to summon any other persons

as it may deem necessary for the fair hearing of the case.

(4) The appeal shall be deemed to be withdrawn

if a bidder fails to appear as notified without a just cause.

(5) The Board’s decision shall be final and

binding on all parts.

Every bidder who feels aggrieved by any decision

of the Council regarding tenders may, within ten working

days from the date of the decision of the Council, present an

appeal together with a deposit of fifty liri to the Secretary of

that Council. The full deposit shall be refunded by the Council

to the appellant bidder if that appeal is decided in favour of

the appellant.

(1) The Council shall immediately send a copy

of the appeal, together with one-half of the amount deposited,

to the Board Registrar, and such amount shall not in any case

be refunded to the Council whatever the decision of the

Appeals Board may be.

(2) The Board Registrar shall keep seperate

accounts to register the income and outcome related to the

functioning of the Appeals Board.

(1) At the end of the appeal the decision of the

Board shall be notified to the Council and to the appellant

immediately. The Council shall on receipt of the decision

publish the decision.

(2) All orders issued by the Board shall be signed

by the Chairman and certified by the Board Registrar.

All documents shall be kept at the administrative

to be kept by

Association. office of the Local Councils Association under the custody

of the Board Registrar.

Within three working days from the notification

of the appeals decision by the Board, the Executive Secretary

of the Local Council shall issue the notice of acceptance in

accordance with the decision of the said Board.

In all cases where the contract value exceeds five

thousand liri, the procedure for an appeal shall be in

accordance with the procedure of the Public Contracts

Regulation, 2003.

2003. Applicability

The procedures established by the Contracts

procedures. Committee appointed by the Minister responsible for finance

shall, unless otherwise provided by these regulations or other

regulations in respect of tenders issued by Local Councils,

apply mutatis mutandis.”.

6. Regulations 10 and 11 of the principal regulations shall be

renumbered as regulations 19 and 20 thereof.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press