130 tal-2006 - Regolamenti tal-2006 li jemendaw ir-Regolamenti dwar il-Kuntratti Pubbliċi (Emenda Nru. 2)

L.N. 130 of 2006

FINANCIAL ADMINISTRATION AND AUDIT ACT

(CAP. 174)

Public Contracts (Amendment) (No. 2) Regulations, 2006

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

Administration and Audit Act, the Prime Minister and Minister of

Finance has made the following regulations>-

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

(Amendment) (No. 2) Regulations, 2006 and they shall be read and

construed as one with the Public Contracts Regulations, 2005, hereinafter

referred to as “the principal regulations”.

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

force on the 1 June, 2006.

The words “, unless the context otherwise requires” in

regulation 2 of the principal regulations, shall be deleted.

For regulation 3 of the principal regulations there shall be

substituted the following>-

“3. These regulations shall provide for the regulation of

public contracts awarded by contracting authorities including those

listed in Schedule 1 and categorised in Schedule 2 and Schedule 3.

Contracting authorities not specifically listed in Schedule 1 shall

be deemed for the purpose of these regulations to be included in

Schedule 2.”.

Immediately after the words “public interest” in paragraph (j)

of regulation 5 of the principal regulations, there shall be added the

words “and specific provision for such extensions is made in the tender

document”.

Regulation 15 of the principal regulations shall be amended

as follows>-

(a) in sub-regulation (4) (a) thereof, for the words “thus the

applicability of these regulations>” there shall be substituted the

words “where the aggregate value of the lots is equal to or exceeds

the thresholds laid down in terms of regulation 11, the regulations

applicable to public contracts whose value exceeds the threshold

shall apply to the award of each lot>”<

(b) in sub-regulation (4) (b) thereof, immediately after the

words “estimating the contract value” there shall be added the

words “and in the event that the aggregate value of the lots is equal

to or exceeds the thresholds laid down in terms of regulation 11,

the regulations applicable to public contracts whose value exceeds

the threshold shall apply to the award of each lot”<

(c) in sub-regulation (5) thereof, paragraph (b) shall be

deleted< and

(d) in sub-regulation (8) thereof -

(i) in paragraph (a) thereof, for the words “premium

payable<” there shall be substituted the words “premium

payable and other types of remuneration<”< and

(ii) in paragraph (c) thereof, for the words “of the fee

or commission payable<” there shall be substituted the words

“the fee or commission payable and other types of

remuneration.”.

In paragraph (a) of regulation 16 (1) of the principal Amends

regulation 16 of

regulations, immediately after the words “implementation or the principal

exploitation”, there shall be added the words “of a work by the signatory regulations.

States or services intended for the implementation or exploitation”.

Regulation 27 of the principal regulations shall be amended Amends

regulation 27 of

as follows>-

the principal

regulations.

(a) for the words “regulations 51 and 52” in sub-regulation

(2) thereof, there shall be substituted the words “regulations 50

and 51”<

(b) immediately after the words “relating to” in sub-

regulation (4) thereof, there shall be added the words “the subject

matter of”< and

(c) sub-regulation (5) thereof shall be amended as follows>-

(i) immediately after the words “the relative

weighting” there shall be added the words “which can be

expressed by providing for a range with an appropriate

maximum spread”<

(ii) the first proviso to the sub-regulation shall be

deleted< and

(iii) for the words “Provided further that” in the second

proviso thereto there shall be substituted the word “Provided

that”.

For sub-regulation (1) of regulation 28 of the principal

regulations, there shall be substituted the following>-

“(1) A contracting authority shall be entitled to reject tenders

which appear to be abnormally low in relation to the activity to be

carried out>

Provided that the contracting authority shall, before it may

reject those tenders, request in writing details of the constituent

elements of the tender which it considers relevant and shall verify

those constituent elements by consulting the tenderer taking account

of the explanations received.”.

In sub-regulation (1) of regulation 34 of the principal

regulations, after the words “calendar year”, there shall be added the

words “as well as the number and total value of contracts awarded

pursuant to the derogations to the World Trade Organisation Agreement

on Government Procurement”.

For the first and second provisos to sub-regulation (8) of

regulation 40 of the principal regulations, there shall be substituted the

following>-

“Provided that all documents shall, at the option of each

economic operator, either be collected by the economic operators

from the place indicated in the contract notice or shall be dispatched

to them provided that they would have prior to dispatch made good

the costs of such dispatch.”.

For the words “Member States” in paragraphs (b) and (c) of

sub-regulation (5) of regulation 44 of the principal regulations, there

shall be substituted the words “Contracting authorities”.

For sub-regulation (2) of regulation 46 of the principal

regulations, there shall be substituted the following>-

“(2) (a) Contracting authorities shall indicate in the

contract notice whether or not they authorise variants< variants shall

not be authorised without this indication.

(b) Contracting authorities authorising variants shall

state in the contract documents the minimum requirements to be

met by the variants and any specific requirements for their

presentation.

(c) Only variants meeting the minimum requirements

laid down by the contracting authorities shall be taken into

consideration.”.

In paragraph (c) of sub-regulation (1) of regulation 49 of the Amends

regulation 49 of

principal regulations, immediately after the words “the force of res the principal

judicata” there shall be added the words “in accordance with the laws regulations.

of Malta”.

For the words “producing an economic operator” in sub- Amends

regulation 50 of

regulation (2) of regulation 50 of the principal regulations, there shall the principal

regulations.

be substituted the words “producing an undertaking”.

Immediately after the words “and regulation 49” in sub- Amends

regulation 52 of

regulation (2) of regulation 52 of the principal regulations, there shall the principal

be added the words “, and the matters referred to in regulations 50 and regulations.

51”.

Immediately after the words “to non-Member State countries” Amends

regulation 53 of

in paragraph (b) of sub-regulation (2) of regulation 53 of the principal the principal

regulations, there shall be added the words “as well as the number and regulations.

total value of contracts awarded pursuant to the derogations to the World

Trade Organisation Agreement on Government Procurement”.

For the words “if the value of the services in question exceeds Amends

regulation 54 of

that of the works covered by the contract” in sub-regulation (3) of the principal

regulation 54 of the principal regulations, there shall be substituted the regulations.

words “if the works are only incidental to the services being the principal

object of the contract”.

For regulation 55 of the principal regulations, there shall be Amends

regulation 55 of

substituted the following>-

the principal

regulations.

“55. Where contracting authorities require the production

of certificates drawn up by independent bodies attesting to the

compliance of the economic operator with certain quality assurance

standards, contracting authorities shall refer to quality assurance

systems based on the relevant European standards series certified

by bodies conforming to the European standards series concerning

certification. They shall recognise equivalent certificates from

bodies established in other Member States. They shall also accept

other evidence of equivalent quality assurance measures from

economic operators.”.

For paragraph (a) of sub-regulation (1) of regulation 58 of

the principal regulations, there shall be substituted the following>-

“(a) in the event of irregular tenders or the submission of

tenders which are unacceptable in terms of regulations 27, 30(1),

31, 46, 60 and 62 in response to an open or restricted procedure or

a competitive dialogue insofar as the original terms of the contract

are not substantially altered. In such cases a contracting authority

may refrain from publishing an EU contract notice where it includes

in the negotiated procedure all and only the tenderers who satisfy

the criteria of regulations 49 to 52 and who during the preceding

open or restricted procedure have submitted tenders in accordance

with the formal requirements of the tendering procedure<”.

For paragraph (a) of sub-regulation (1) of regulation 65 of

the principal regulations, there shall be substituted the following>-

“(a) A contracting authority may award public supply

contracts, by negotiated procedure after prior publication of an

EU contract notice, in the event of irregular tenders or the

submission of tenders which are unacceptable in terms of

regulations 27, 30(1), 31, 46, 60 and 62 in response to an open or

restricted procedure or a competitive dialogue in so far as the

original terms of the contract are not substantially altered. The

contracting authority shall in these cases publish an EU contract

notice, unless they include in such negotiated procedures all and

only the economic operators satisfying the criteria of regulations

49 to 52 which, during the prior open or restricted procedure, have

submitted tenders in accordance with the formal requirements of

the tendering procedure.”.

In sub-regulation (4) of regulation 70 of the principal

regulations, for the words from “notice, except” to the words “shall

apply.”, there shall be substituted the words “notice and, except where

regulation 40(4) applies, regulation 40(6) shall apply.”.

For paragraph (a) of sub-regulation (1) of regulation 71 of

the principal regulations, there shall be substituted the following>-

“(a) in the event of irregular tenders or the submission of

tenders which are unacceptable in terms of regulations 27, 30(1),

31, 46, 60 and 62 in response to an open or restricted procedure or

a competitive dialogue in so far as the original terms of the contract

are not substantially altered. In such cases a contracting authority

may refrain from publishing an EU contract notice where it includes

in the negotiated procedure all and only the tenderers who satisfy

the criteria of regulations 49 to 52 and who during the preceding

open or restricted procedure have submitted tenders in accordance

with the formal requirements of the tendering procedure<”.

Regulation 73 of the principal regulations shall be amended Amends

regulation 73 of

as follows>-

the principal

regulations.

(a) the words “45 and” in the third paragraph thereof, shall

be deleted< and

(b) for the words “regulations 40, 45” in the fourth paragraph

thereof, there shall be substituted the words “regulations 4, 39, 40,

43(2), 43(3), 43(4), 44, 48”.

For sub-regulation (3) of regulation 77 of the principal Amends

regulation 77 of

regulations, there shall be substituted the following>-

the principal

regulations.

“(3) In granting or refusing such a request for variation, the

Director shall take account of whether any force majeure, or

unforeseen or unforeseeable events prevail and shall specify

whether such a variation could have been avoided. The Director

shall determine the procedure to be followed in future by the

contracting authority in order to avoid the necessity of variations.”.

In regulation 78 of the principal regulations, for the words Amends

regulation 78 of

“concerned>” there shall be substituted the words “concerned. Such the principal

approval shall be granted only where any force majeure, unforeseen or regulations.

unforeseeable events prevail>”.

Regulation 83 of the principal regulations shall be amended Amends

regulation 83 of

as follows>-

the principal

regulations

(a) for the words “fourteen working days” wherever they

occur in sub-regulation (1) thereof, there shall be substituted the

words “ten calendar days”< and

(b) for the words “fourteen-day period” in paragraph (c) of

sub-regulation (2) thereof, there shall be substituted the words “ten-

day period”.

In paragraph (a) of ANNEX II of Schedule 9 to the principal Amends

Schedule 9 to

regulations, for the words “Notices referred to in regulations 48, 70 (3) the principal

and (9) and 57 (6) are sent by the contracting authorities to the Office regulations.

for Official Publications of the European Communities in the format

required by Commission Directive 2001#78#EC of 13 September 2001

on the use of standard forms in the publication of public contract notices

(OJ L 285, 29.10.2001, p. 1.).”, there shall be substituted the words

“Notices referred to in regulations 48, 70 (3) and (9) and 57 (6) must be

sent by the contracting authorities to the Office for Official Publications

of the European Communities in the format established by implementing

measures to be adopted by the Commission in accordance with the

procedure referred to in Article 77(2) of European Union Directive

2004#18#EC.”.

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