229 tal-2009 - Public Contracts (Amendment) (No. 2) Regulations, 2009(English Version only)

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,464, 11 ta’ Awissu, 2009

Taqsima B

L.N. 229 of 2009

FINANCIAL ADMINISTRATION AND AUDIT ACT

(CAP. 174)

Public Contracts (Amendment) (No. 2) Regulations, 2009

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

Administration and Audit Act, the Prime Minister and Minister of

Finance have made the following regulations

The title of these regulations is the Public Contracts

(Amendment) (No. 2) Regulations, 2009 and they shall be read

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

hereinafter referred to as “the principal regulations”.

The following proviso shall be entered immediately after

the words “concession contracts” in sub-regulation 2 of regulation

16 of the principal regulations

“Provided that contracting authorities shall have the

option of subjecting their decisions with respect to

the rejection or admission of candidates to a

restricted or negotiated procedure leading to the award

of a public service concession contract; or/and

the discarding or failure to discard of a tender

submitted in reply to a call for tenders for the award of a

public service concession contract when the tenders are

submitted in separate packages; or/and

the rejection or award of a tender submitted in

reply for a call for tenders for the award of a public

service concession contract or the award of a public

service concession contract;

to the appeals procedure set forth in Part XII and

XIII of these regulations, which procedures shall be

subject to any amendments as may be stipulated by

the contracting authority in the call for competition

preceding a restricted or negotiated procedure or in the

call for tenders.

Sub-regulation (2) of regulation 33 of the principal

regulations shall be deleted in toto and replaced by the following

new clause

It shall be the function of the Board to hear and

determine complaints and/or objections

submitted by any person having or having had

an interest in being selected to participate in a call for

tenders or in negotiations with a contracting authority

for a particular public supply, public service or public

works contract and who has been or risks being harmed

by an alleged infringement by those authorities listed

in Schedule 1 and whose value exceeds €47,000, in

accordance with the procedures laid down in Parts XII

and XIII; and

submitted by any person having or having had

an interest in being selected to participate in a call for

tenders or in negotiations with a contracting authority

for a particular public service concession contract and

who has been or risks being harmed by an alleged

infringement by a contracting authority of the procedure

listed in the call for competition but only where the call

for competition specifically stipulates that decisions of

the contracting authority may be appealed from in terms

of these regulations subject to any amendments as may

be stipulated by the contracting authority in the call for

competition; and

complaints submitted by any person having or

having had an interest in obtaining a particular public

supply, public service or public works contract and

who has been or risks being harmed by an alleged

infringement by those authorities listed in Schedule 1

and whose value exceeds €47,000, in accordance with

the procedures laid down in Parts XII and XIII; and

complaints submitted by any person having or

having had an interest in obtaining a particular public

service concession contract and who has been or

risks being harmed by an alleged infringement by a

contracting authority of the procedure listed in the

call for tenders but only where the call for tenders

specifically stipulates that decisions of the contracting

authority may be appealed from in terms of these

regulations, subject to any amendments as may be

stipulated by the contracting authority in the call for

tenders.

The following new sub-regulation shall be included

immediately after sub-regulation (3) of regulation 33 of the

principal regulations and shall be numbered sub-regulation (4)

“Every contracting authority which exercises the option

stipulated in the proviso of sub-regulation (2) of regulation

16 shall indicate in the call for competition and/or the call

for tenders that the award of the contract is subject to the

appeals procedure as set forth in these regulations subject to

the amendments provided in such call for competition or call

for tenders. The document shall include a copy of Parts XII

and/or XIII, as the case may be, as amended for the particular

call for competition or call for tenders for the guidance of

candidates or tenderers, as the case may be.”

The words “within a period of 10 days from the final

decision of the Appeals Board” shall be added immediately after

the words “Civil Court” in the first sentence of sub-regulation (19)

of regulation 84 of the principal regulations.

€0.19