350 tal-2016

L.N. 350 of 2016

FINANCIAL ADMINISTRATION AND AUDIT ACT

(CAP. 174)

Emergency Procurement Regulations, 2016

BY VIRTUE of the powers conferred by article 4 of the

Financial Administration and Audit Act, the Minister for Finance has

made the following regulations:-

The title of these regulations is the Emergency Citation.

Procurement Regulations, 2016.

In these regulations, unless the context otherwise requires

Interpretation.

"Adjudication Board" shall mean the board or committee

appointed by the contracting authority for the purpose of evaluating

offers received by the contracting authority and for making definitive

recommendations for the award following a competitive call under

these regulations;

"bidder" shall mean the registered economic operator that

presents an offer to the contracting authority following a competitive

call;

"contracting authority" shall mean one of the government

entities specified in the Schedule;

"economic operator" shall mean any natural or legal person or

public entity or group of such persons and, or entities, including any

temporary association of undertakings and shall cover equally the

concepts of contractor, supplier and service provider;

"electronic platform" shall mean a platform administered by the

contracting authority by which the registered contractors shall present

their offers following a competitive call issued in accordance to these

regulations or the government’s e-procurement platform;

"emergency procurement" shall mean the procurement of

supplies, services or works, which becomes necessary either due to an

unforeseen surge in the use of supplies resulting in a month stock

level, or which are otherwise necessary due to issues of national

health, security or strategic importance;

"Minister" shall mean the Minister responsible for Finance;

"modification” shall mean any change, variation or amendment

to the original terms of the contract including but not limited to the

introduction of new conditions and to the removal or replacement of

existing conditions;

"registered contractor" shall mean any economical operator that

registers its interest with the contracting authority as indicated in

these regulations.

The scope of these regulations is to regulate emergency

procurement procedures.

The Minister shall determine which contracting authorities

shall be included under the Schedule.

A competitive call provided for in these regulations shall

have an estimated value which is less than one hundred and thirty five

thousand euro (€135,000) excl. VAT.

Any economic operator may acquire the status of

interested economic operator by applying with the contracting

authority, submitting the details of their company and relevant

registration documents in line with the applicable laws, through the

electronic platform setup by the contracting authority or through the

government’s e-procurement platform.

The contracting authority shall publish every competitive

call through an electronic platform and shall alert every registered

economic operator. If not published though the government’s e-

procurement platform, a notice of each publication will be issued in

the Gazette prior to the date of submission of the call.

A competitive public call published in accordance with

these regulations shall have a minimum time limit for receipt of offers

of four days from the date of publication. When issuing a competitive

call under these regulations the contracting authority shall refer to this

regulation in the published document.

The registered economic operators shall submit their offers

following the publication of a competitive call by means of the

electronic platform as set up by the contracting authority or through

the government’s e-procurement platform.

An Adjudication Board shall be appointed by the

contracting authority to evaluate offers submitted. The Adjudication

Board shall be composed of not less than three members namely a

Chairperson, a Secretary and a Member, all having voting rights.

Any modification to a contract awarded under these Prohibition of

regulations shall be prohibited. Where the contract cannot be modification

a contact.

executed without a modification, the contract shall be cancelled and a

new procedure shall be issued.

Prior to the commencement of the evaluation of the offers Publication of

presented, the contracting authority shall publish the list of bidders list of bidders.

through the electronic platform as set up by the contracting authority

or through the government’s e-procurement platform.

(1) Contracting authorities shall determine the award of Award of the

call.

public contracts on the following criteria

(a)

the most economically advantageous offer; or

(b) the lowest price offered compliant with the

published specifications.

(2) Where the award is made to the most economically

advantageous offer, the contracting authorities may make use of

various criteria relating to the subject matter of the contract.

(3) The criteria referred to in sub-regulation (1) may include

any one or more of the following

(a)

technical specifications; and, or

(b)

delivery conditions; and, or

(c)

(d)

availability; and, or

(e)

registration; and, or

(f)

translations; and, or

(g)

cost of courier; and, or

(h)

cost of acquisition.

Following the conclusion of the adjudication process, all Publication of

bidders shall be informed with the conclusions of the Adjudication decision

Board,

Board through a result sheet that shall be published through the

electronic platform. This sheet shall include

(a)

the criteria for award;

(b)

the name of the successful bidder;

B

(c)

the recommended price of the successful bidder;

(d) where applicable the reasons why the tenderer did

not meet the technical specifications.

Every six months, the contracting authority shall publish a

Publication of

awarded

list of contracts awarded under these regulations in the Gazette, which

contracts in the

list shall include the details of the bidders that were awarded the

Gazette.

contracts and the value of the contracts.

Schedule

(Regulation 2)

Contracting Authority

1. CPSU - Central Procurement Supplies Unit

2. CPD - Civil Protection Department

€0.36