Public Procurement Regulations, 2022

L.N. 203 of 2022

PUBLIC FINANCE MANAGEMENT ACT

(CAP. 601)

Temporary Suspension of certain provisions relating to

Public Procurement Regulations, 2022

IN EXERCISE of the powers conferred by article 4 of the

Public Finance Management Act, the Minister responsible for

Finance has made the following regulations:-

The title of these regulations is the Temporary Suspension Citation.

of certain provisions relating to Public Procurement Regulations,

2022.

Notwithstanding the provisions of regulation 259 of the Temporary

Public Procurement Regulations and regulation 179 of the Public suspension

certain

Procurement of Entities operating in the Water, Energy, Transport and provisions

relating to

Postal Services Sectors Regulations (in so far as the said regulation public

179 refers to regulation 259 of the Public Procurement Regulations), procurement.

these regulations provide for a temporary suspension of the S.L. 601.05.

prohibition contained in the said regulations 259 and 179 (limitedly to

what is stated above), in view of the current hostilities in Eastern

Europe and are applicable solely to the conflict between Russia and

Ukraine, which temporary suspension may be granted by the Director

of Contracts only in accordance with strict conformity to these

regulations.

(1) Requests for compensation shall be made to the Applicability.

relative contracting authority, and may be entertained by the Director

of Contracts on condition that the public contract which refers to the

request

(a)

shall have been signed on or before the 24th

February, 2022;

(b)

was still in force on the date referred to in paragraph

(a); and

(c)

refers to specific items listed in any policy document

referred to in sub-regulation (2).

(2) The Director of Contracts may issue such policy

documents as may be required from time to time, in order to facilitate

and better regulate the compensation scheme referred to in these

regulations.

No request for compensation for supplies, works and, or

services delivered or rendered, as the case may be, prior to the 24th

February, 2022, shall be entertained. The relative contracting

authority shall transmit the request to the Director of Contracts only if

it deems the request to be applicable, fair and reasonable in

accordance with the provisions of these regulations, and the decision

of the Director of Contracts shall be final.

Where the Director of Contracts awards compensation in

accordance with the provisions of these regulations, it shall be

specifically understood and agreed that such award shall not in any

way prejudice the contract conditions, and the temporary suspension

of the provisions shall only apply on an ad hoc basis. In addition

(a)

the Director of Contracts shall keep a full record of

any approved compensation, which shall be formalised through

an addendum in the contract documents; and

(b) payment of such compensation shall be effected, and

shall be borne solely, by the contracting authority.

In awarding compensation in accordance with the

provisions of these regulations, the Director of Contracts shall be

guided by the provisions of public contracts, as applicable, as the

term is defined in the Public Procurement Regulations, as well as any

relevant provision contained in the said Public Procurement

Regulations and, or the Water, Energy, Transport and Postal Services

Sectors Regulations.

The provisions of these regulations shall expire six (6)

months from the publication of these regulations, and no request for

compensation shall be accepted as from the said date onwards.

Consequently, on the said date, the temporary suspension of the

provisions which are the subject of these regulations shall

automatically lapse.

€0.18