233 tal-2009 - Regolamenti tal-2009 li jemendaw ir-Regolamenti dwar il-Kuntratti Pubbliċi (Emenda Nru.2)

L.N. 233 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 Minister of Finance, the

Economy and Investment has 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, hereinafter

referred to as "the principal regulations".

In sub-regulation (2) of regulation 16 of the principal

regulations, immediately after the words "concession contracts",

there shall be added the following proviso

"Provided that contracting authorities shall have the option

of subjecting their decisions with respect to -

(a) the rejection or admission of candidates to a

restricted or negotiated procedure leading to the award of a

public service concession contract; and, or

(b) 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; and, or

(c) 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 Parts XII and XIII, 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.".

Regulation 33 of the principal regulations shall be

amended as follows

(a)

sub-regulation (2) thereof shall be substituted by

the following new sub-regulation

"(2) It shall be the function of the Board to hear

and determine complaints and, or objections

(a) 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 forty-seven thousand

euro (€47,000), in accordance with the procedures

laid down in Parts XII and XIII; and

(b) 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

(c) 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 forty-seven thousand euro (€47,000), in

accordance with the procedures laid down in Parts

XII and XIII; and

(d)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."; and

(b)

immediately after sub-regulation (3) thereof, there

shall be added the following new sub-regulation

"(4) Every contracting authority which exercises

the option stipulated in the proviso to regulation 16(2)

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.".

In sub-regulation (19) of regulation 84 of the principal

regulations, immediately after the words "First Hall of the Civil

Court" there shall be added the words "within a period of ten days

from the final decision of the Appeals Board".