EMERGENCY PROCUREMENT REGULATIONS

EMERGENCY PROCUREMENT

SUBSIDIARY LEGISLATION 601.08

EMERGENCY PROCUREMENT REGULATIONS

28th October, 2016

LEGAL NOTICE 350 of 2016.

The title of these regulations is the Emergency

Procurement Regulations.

In these regulations, unless the context otherwise requires

"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

p r e s e n t s a n o ff e r t o t h e c o n t r a c t i n g a u t h o r i t y f o l l o w i n g 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

p r e s e n t t h e i r o ff e r s f o l l o w i n g a c o m p e t i t i v e c a l l i s s u e d i n

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.

EMERGENCY PROCUREMENT

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

p l a t f o rm se t up by t he c o nt r a c t in g a u th o r it y or t hr o u gh t he

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

regulations shall be prohibited. Where the contract cannot be

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

presented, the contracting authority shall publish the 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

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

EMERGENCY PROCUREMENT

(a) technical specifications; and, or

(b) delivery conditions; and, or

(c) price indicated in the offer; and, or

(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

bidders shall be informed with the conclusions of the Adjudication

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;

(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

list of contracts awarded under these regulations in the Gazette,

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

the contracts and the value of the contracts.

Schedule

(Regulation 2)

Contracting Authority

1. CPSU - Central Procurement Supplies Unit

2. CPD - Civil Protection Department