Public Procurement (Amendment) Regulations, 2019

L.N. 195 of 2019

FINANCIAL ADMINISTRATION AND AUDIT ACT

(CAP. 174)

Public Procurement (Amendment) Regulations, 2019

IN EXERCISE 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 Public Procurement

(Amendment) Regulations, 2019 and these regulations shall be read

and construed as one with the Public Procurement Regulations,

hereinafter referred to as the "principal regulations".

Regulation 2 of the principle regulations, shall be amended

as follows

(a)

in paragraph (a) of the definition "public works

contracts" thereof, the words "Schedule 14; " shall be substituted

by the words "Schedule 15;"; and

(b) in the Maltese version thereof, immediately after the

definition "tikketta" there shall be added the following new

definition

" "Unità Ministerjali għall-Akkwist" tfisser entità

stabbilita taħt kull Ministeru li tipproċessa, tippubblika,

tamministra u tirrakkomanda l-għoti ta’ sejħa għal offerti

ppubblikata taħt proċedura miftuħa, fejn il-valur stmat ta’

din is-sejħa għal offerti jeċċedi l-għaxart elef euro

(€10,000) iżda ma jeċċedix il-mitejn u ħamsin elf euro

(€250,000).".

Paragraph (h) of sub-regulation (4) of regulation 79 of the

principal regulations, shall be substituted by the following

"(h) to publish every six (6) months in the Gazette the

following

(i) a list of contracts awarded by the respective

Ministerial Procurement Unit;

(ii) a list of modifications to contracts which

exceed the contract value by more than five percent (5%)

provided that the estimated value of the call exceeds ten

thousand euro (€10,000) but is below one hundred and

forty-four thousand euro (€144,000);

(iii) a list of all modifications to contracts which had

an estimated value meeting or exceeding one hundred and

forty-four thousand euro (€144,000) but not exceeding two

hundred and fifty thousand euro (€250,000);".

In sub-regulation (2) of regulation 100 of the principal Amends

regulation 100

regulations, the words "meets or" shall be deleted.

of the principal

regulations.

In regulation 101 of the principal regulations, the words Amends

regulation 101

"meets or" shall be deleted.

of the principal

regulations.

In sub-regulation (2) of regulation 111 of the principle Amends

regulations, the words "as the case may be." shall be substituted by the regulation

of the principal

words "as the case may be:" and immediately thereafter, there shall be regulations.

added the following proviso

"Provided that, without prejudice to regulation 79, in the

case of contracting authorities listed under Schedule 16, the

obligation established under this sub-regulation shall apply when

these contracting authorities publish calls that are not regulated

as an open procedure.".

Regulation 116 of the principle regulations, shall be Amends

regulation 116

amended as follows

of the principle

regulations.

(a)

sub-regulation (3) thereof, shall be substituted by the

following

"(3) Where a state of urgency duly substantiated

renders impracticable the time limit laid down in sub-

regulation (1), the authority responsible for the tendering

process may, fix a time limit which shall be not less than

fifteen (15) days from the date on which the contract notice

was sent to the Publications Office of the European Union

or from the date on which the tender has been published as

the case maybe."; and

(b)

the proviso of sub-regulation (5) thereof, shall be

substituted by the following

"Provided that the authority responsible for the

tendering process may reduce this time limit to fifteen (15)

days in cases of extreme urgency.".

Regulation 199 of the principal regulations, shall be

amended as follows

(a) in paragraph (f) thereof, the words "selection or

award." shall be substituted by the words "award or selection;";

(b) immediately after paragraph (f) thereof, there shall be

added the following new paragraph

"(g) it can demonstrated by any appropriate means

that in the execution of public contracts the economic

operator is in violation of applicable obligations in the

fields of environmental, social and labour law established

by Union law, national law, collective agreements or by the

international environmental, social and labour law

provisions listed in Schedule 13.".

€0.27