| What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) |
EUR 5000. Where the estimated value does not exceed five thousand euro (EUR 5,000), the supplies, works or services may be procured departmentally either after obtaining a minimum of three (3) quotations or after the publication in the government's e-procurement platform or through a direct contract at the discretion of the Head of the Contracting Authority, taking into consideration the amount involved, the urgency attached to the procurement or restrictions of choice and availability. Where the estimated value exceeds ten thousand euro (EUR 10,000), but does not exceed the threshold established under regulation 9 (1) (a), i.e. EUR 139,000, the supplies, works or services may be procured after a departmental call for tenders. Unless authorisation in writing is granted by the Director, calls for quotations exceeding five thousand euro (EUR 5,000) and departmental calls for tenders must be published through government’s e-procurement platform. If the authority responsible for the tendering process does not make use of government’s e-procurement platform for the call for quotations or the departmental call for tenders with an estimated value which exceeds five thousand euro (EUR 5,000), it must give advice about their publication by means of an advertisement in the Gazette. Supplies, works or services valued in excess of ten thousand euro (EUR 10,000) may, in exceptional cases, be procured through a direct contract by any contracting authority upon obtaining the prior written approval of the Minister who may delegate his authority in writing to the Permanent Secretary or anyother senior official in his Ministry.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 9 (1), 100-103 and Schedule 5) |
| What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) |
EUR 5000. Where the estimated value does not exceed five thousand euro (EUR 5,000), the supplies, works or services may be procured departmentally either after obtaining a minimum of three (3) quotations or after the publication in the government's e-procurement platform or through a direct contract at the discretion of the Head of the Contracting Authority, taking into consideration the amount involved, the urgency attached to the procurement or restrictions of choice and availability. Where the estimated value exceeds ten thousand euro (EUR 10,000), but does not exceed the threshold established under regulation 9 (1) (a), i.e. EUR 139,000, the supplies, works or services may be procured after a departmental call for tenders. Unless authorisation in writing is granted by the Director, calls for quotations exceeding five thousand euro (EUR 5,000) and departmental calls for tenders must be published through government’s e-procurement platform. If the authority responsible for the tendering process does not make use of government’s e-procurement platform for the call for quotations or the departmental call for tenders with an estimated value which exceeds five thousand euro (EUR 5,000), it must give advice about their publication by means of an advertisement in the Gazette. Supplies, works or services valued in excess of ten thousand euro (EUR 10,000) may, in exceptional cases, be procured through a direct contract by any contracting authority upon obtaining the prior written approval of the Minister who may delegate his authority in writing to the Permanent Secretary or anyother senior official in his Ministry.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 9 (1), 100-103 and Schedule 5) |
| What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) |
EUR 5000. Where the estimated value does not exceed five thousand euro (EUR 5,000), the supplies, works or services may be procured departmentally either after obtaining a minimum of three (3) quotations or after the publication in the government's e-procurement platform or through a direct contract at the discretion of the Head of the Contracting Authority, taking into consideration the amount involved, the urgency attached to the procurement or restrictions of choice and availability. Where the estimated value exceeds ten thousand euro (EUR 10,000), but does not exceed the threshold established under regulation 9 (1) (a), i.e. EUR 139,000, the supplies, works or services may be procured after a departmental call for tenders. Unless authorisation in writing is granted by the Director, calls for quotations exceeding five thousand euro (EUR 5,000) and departmental calls for tenders must be published through government’s e-procurement platform. If the authority responsible for the tendering process does not make use of government’s e-procurement platform for the call for quotations or the departmental call for tenders with an estimated value which exceeds five thousand euro (EUR 5,000), it must give advice about their publication by means of an advertisement in the Gazette. Supplies, works or services valued in excess of ten thousand euro (EUR 10,000) may, in exceptional cases, be procured through a direct contract by any contracting authority upon obtaining the prior written approval of the Minister who may delegate his authority in writing to the Permanent Secretary or anyother senior official in his Ministry.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 9 (1), 100-103 and Schedule 5) |
| What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) |
EUR 5000. Where the estimated value does not exceed five thousand euro (EUR 5,000), the supplies, works or services may be procured departmentally either after obtaining a minimum of three (3) quotations or after the publication in the government's e-procurement platform or through a direct contract at the discretion of the Head of the Contracting Authority, taking into consideration the amount involved, the urgency attached to the procurement or restrictions of choice and availability. Where the estimated value exceeds ten thousand euro (EUR 10,000), but does not exceed the threshold established under regulation 9 (1) (a), i.e. EUR 139,000, the supplies, works or services may be procured after a departmental call for tenders. Unless authorisation in writing is granted by the Director, calls for quotations exceeding five thousand euro (EUR 5,000) and departmental calls for tenders must be published through government’s e-procurement platform. If the authority responsible for the tendering process does not make use of government’s e-procurement platform for the call for quotations or the departmental call for tenders with an estimated value which exceeds five thousand euro (EUR 5,000), it must give advice about their publication by means of an advertisement in the Gazette. Supplies, works or services valued in excess of ten thousand euro (EUR 10,000) may, in exceptional cases, be procured through a direct contract by any contracting authority upon obtaining the prior written approval of the Minister who may delegate his authority in writing to the Permanent Secretary or anyother senior official in his Ministry.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 9 (1), 100-103 and Schedule 5) |
| What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) |
EUR 10000. Where the estimated value meets or exceeds ten thousand euro (EUR 10,000) but does not exceed the threshold established under regulation 30 (1) (a), ie. EUR 428,000, the equipment, stores, works or services may be procured after a departmental call for tenders. The procurement process of public contracts: (a) the estimated value of which is less than four hundred and twenty eight thousand euro (EUR 428,000), shall be issued, administered and determined by the contracting authorities without the involvement of the Director; (b) the estimated value of which equals or exceeds the threshold of that four hundred and twenty eight thousand euro (EUR 428,000) shall be issued, administered and determined by the Director on behalf of the contracting authority.
(Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulations 30 and 88) |
| What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) |
EUR 2500. Where the estimated value does not exceed two thousandand five hundred euro (EUR 2,500), the equipment, stores, works or services may be procured departmentally either after obtaining quotations or direct from the open market at the discretion of the Head of Department, taking into consideration the amount involved, the urgency attached to the procurement and restrictions of choice and availability. Where the estimated value exceeds two thousand and five hundred euro (EUR 2,500) but does not exceed forty thousand euro (EUR 40,000), the equipment, stores, works or services may be procured departmentally after a call for tenders, or after obtaining quotations, or direct from the open market, taking into consideration the amount involved, the urgency attached to the procurement and restrictions of choice and availability, and shall be approved by the Minister responsible for that department, or by such member of the department as may be authorised by that Minister. Additionally, EU thresholds apply through the application of the Public Procurement Regulations. Applicable thresholds to public supply contracts awarded by contracting authorities operating in the field of defence are: EUR 139,000 for products covered by Schedule 7 and EUR 214,000 for contracts that involve products not covered by Schedule 7.
(Public Procurement of Contracting Authorities or Entitiesin the fields of Defence and Security Regulations (Subsidiary Legislation 601.07 - Legal Notice of 411 of 2011), as amended in 2014, Regulation 9
Public Procurement Regulations (Legal Notice 352 of 2016), Regulation 9 and Schedule 5
) |
| What are the minimum application thresholds for the procurement type? (Product type GOODS) |
EUR 5000. Where the estimated value does not exceed five thousand euro (EUR 5,000), the supplies, works or services may be procured departmentally either after obtaining a minimum of three (3) quotations or after the publication in the government's e-procurement platform or through a direct contract at the discretion of the Head of the Contracting Authority, taking into consideration the amount involved, the urgency attached to the procurement or restrictions of choice and availability. Where the estimated value exceeds ten thousand euro (EUR 10,000), but does not exceed the threshold established under regulation 9 (1) (a), i.e. EUR 139,000, the supplies, works or services may be procured after a departmental call for tenders. Unless authorisation in writing is granted by the Director, calls for quotations exceeding five thousand euro (EUR 5,000) and departmental calls for tenders must be published through government’s e-procurement platform. If the authority responsible for the tendering process does not make use of government’s e-procurement platform for the call for quotations or the departmental call for tenders with an estimated value which exceeds five thousand euro (EUR 5,000), it must give advice about their publication by means of an advertisement in the Gazette. Supplies, works or services valued in excess of ten thousand euro (EUR 10,000) may, in exceptional cases, be procured through a direct contract by any contracting authority upon obtaining the prior written approval of the Minister who may delegate his authority in writing to the Permanent Secretary or anyother senior official in his Ministry.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 9 (1), 100-103 and Schedule 5) |
| What are the minimum application thresholds for the procurement type? (Product type WORKS) |
EUR 5000. Where the estimated value does not exceed five thousand euro (EUR 5,000), the supplies, works or services may be procured departmentally either after obtaining a minimum of three (3) quotations or after the publication in the government's e-procurement platform or through a direct contract at the discretion of the Head of the Contracting Authority, taking into consideration the amount involved, the urgency attached to the procurement or restrictions of choice and availability. Where the estimated value exceeds ten thousand euro (EUR 10,000), but does not exceed the threshold established under regulation 9 (1) (a), i.e. EUR 139,000, the supplies, works or services may be procured after a departmental call for tenders. Unless authorisation in writing is granted by the Director, calls for quotations exceeding five thousand euro (EUR 5,000) and departmental calls for tenders must be published through government’s e-procurement platform. If the authority responsible for the tendering process does not make use of government’s e-procurement platform for the call for quotations or the departmental call for tenders with an estimated value which exceeds five thousand euro (EUR 5,000), it must give advice about their publication by means of an advertisement in the Gazette. Supplies, works or services valued in excess of ten thousand euro (EUR 10,000) may, in exceptional cases, be procured through a direct contract by any contracting authority upon obtaining the prior written approval of the Minister who may delegate his authority in writing to the Permanent Secretary or anyother senior official in his Ministry.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 9 (1), 100-103 and Schedule 5) |
| What are the minimum application thresholds for the procurement type? (Product type SERVICES) |
EUR 5000. Where the estimated value does not exceed five thousand euro (EUR 5,000), the supplies, works or services may be procured departmentally either after obtaining a minimum of three (3) quotations or after the publication in the government's e-procurement platform or through a direct contract at the discretion of the Head of the Contracting Authority, taking into consideration the amount involved, the urgency attached to the procurement or restrictions of choice and availability. Where the estimated value exceeds ten thousand euro (EUR 10,000), but does not exceed the threshold established under regulation 9 (1) (a), i.e. EUR 139,000, the supplies, works or services may be procured after a departmental call for tenders. Unless authorisation in writing is granted by the Director, calls for quotations exceeding five thousand euro (EUR 5,000) and departmental calls for tenders must be published through government’s e-procurement platform. If the authority responsible for the tendering process does not make use of government’s e-procurement platform for the call for quotations or the departmental call for tenders with an estimated value which exceeds five thousand euro (EUR 5,000), it must give advice about their publication by means of an advertisement in the Gazette. Supplies, works or services valued in excess of ten thousand euro (EUR 10,000) may, in exceptional cases, be procured through a direct contract by any contracting authority upon obtaining the prior written approval of the Minister who may delegate his authority in writing to the Permanent Secretary or anyother senior official in his Ministry.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 9 (1), 100-103 and Schedule 5) |
| Is there a requirement that tender documents must published in full? |
Yes. With regard to tenders with an estimated value which falls under Schedule 5 (EU thresholds), the authority responsible for the tendering process shall by electronic means offer unrestricted and full direct access free of charge to the procurement documents from the date of publication of a notice in accordance with regulation 44 or the date on which an invitation to confirm interest is sent. The text of the notice or the invitation to confirm interest shall specify the internet address at which the procurement documents are accessible. With regard to tenders with an estimated value which falls under Schedule 5 (below EU thresholds), where unrestricted and full direct access free of charge by electronic means to certain procurement documents cannot be offered for one of the reasons stipulated in regulation 48 (2), the authority responsible for the tendering process may indicate in the notice or the invitation to confirm interest that the procurement documents concerned will be transmitted by means other than electronic means. Also, for public contracts below EU thresholds, where unrestricted and full direct access free of charge by electronic means to certain procurement documents cannot be offered because the authority responsible for the tendering process intends to apply the provisions of regulation 40 (3), it shall indicate in the notice or the invitation to confirminterest which measures aimed at protecting the confidential nature of the information it requires and how access can be obtained to the documents concerned.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulation 49
Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulation 72) |
| Are any of these documents published online at a central place? |
Yes. https://www.etenders.gov.mt/epps/home.do
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulation 16 (1) (e) ) |
| Is it mandatory to keep all of these records?
-Public notices of bidding opportunities,
-Bidding documents and addenda,
-Bid opening records,
-Bid evaluation reports,
-Formal appeals by bidders and outcomes,
-Final signed contract documents and addenda and amendments,
-Claims and dispute resolutions,
-Final payments,
-Disbursement data (as required by the country’s financial management system) |
Yes. Contracting authorities shall document the progress of all procurement procedures, whether or not those are conducted by electronic means. To that end, they shall ensure that they keep sufficient documentation to justify decisions taken in all stages ofthe procurement procedure, such as documentation on communications with economic operators and internal deliberations, preparation of the procurement documents, dialogue or negotiation if any, selection and award of the contract. The documentation shall be kept for a period of at least three years from the date of award of the contract.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 113 and 241 (1) (5)
Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulation 172) |
| Are contracts awarded within a framework agreement published? |
Yes. In the case of framework agreements concluded in accordance with regulations 167 to 173, the authority responsible for the tendering process shall not be bound to send a notice of the results of the procurement procedure for each contract based on that agreement. Provided that the authority responsible for the tendering process shall group notices of the results of the procurement procedure for contracts based on the framework agreement on a quarterly basis. In that case, contracting authorities shall send the grouped notices within thirty days of the end of each quarter.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulation 43 (3)
Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulation 65 (3)) |
| Is it mandatory to publish information on subcontractors (ie names) in some cases? |
Yes. Names of subcontractors cannot be considered confidential information, which suggests they should be made public. Furthermore, for contracts above EU thresholds, the award notice may contain information on the value and proportion of contract likely to be subcontracted to third parties. Specifically in the case of works contracts and in respect of services to be provided at a facility under the direct oversight of the contracting authority, after the award of the contract and at the latest when the performance of the contract commences, the contracting authority shall require the main contractor to indicate to the contracting authority the name, contact details and legal representatives of its sub-contractors, involved in such works or services, in so far as known at this point in time. The contracting authority shall require the main contractor to notify the contracting authority of any changes to this information during the course of the contract as well as of the required information for any new sub-contractors which it subsequently involves in such works orservices.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 40 (2) (b), 60 (3), 113 (e), 241 (2) (d) and Schedule 9 Part D
Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulations 62 (2) (b) and 83) |
| If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)?
For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. |
General.
( ) |
| Is there a ban on mentioning specific companies or brands in tender specification/call for tender? |
Yes. Unless justified by the subject-matter of the contract, technical specifications shall not refer to a specific make or source, or a particular process which characterises the products or servicesprovided by a specific economic operator, or to trade marks, patents, types or a specific origin or production with the effect of favouring or eliminating certain undertakings or certain products. Such reference shall be permitted on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract pursuant to sub-regulation (3) is not possible. Such reference shall be accompanied by the words ‘or equivalent’.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulation 53 (8)
Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulation 76 (8)) |
| Is there a preferential treatment for small-to-medium enterprises (SMEs)? |
No.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulation 12 (1) (d) and Schedule 9 Parts D and F) |
| Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) |
No. Contracting authorities shall treat economic operators equally and without discrimination and shall act in a transparent and proportionate manner. Moreover, economic operators that, under the law of the Member State in which they are established, are entitled to provide the relevant service, shall not be rejected solely on the ground that, under the law of Malta, they would be required to be either natural or legal persons.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 39 (1) and 57
Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulation 61) |
| Is there a specific set of rules for green/sustainable procurement? |
Yes. Environmental considerations are taken into account: a) when assessing economic operators’ technical abilities and their compliance with environmental management standards; b) in the award criteria; c) in life-cycle costing; and d) during the performance of the contract, i.e. conditions relating to the performance or modification of a contract.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 13 (m), 16 (1) (k), 119 (g), 232 (g), 234, 239 (2), 240 and 245
Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulations 167, 170, 171 and 176) |
| Are there restrictions on allowable grounds for tenderer exclusion? |
Yes. The authority responsible for the tendering process shall exclude an economic operator from participation in a procurement procedure where it has established or is otherwise made aware that such an economic operator has been the subject of a conviction by final judgement having the nature of a res judicata for: a) participation in a criminal organisation; b) corruption; c) fraud; d) terrorist offences or offences linked to terrorist activities; e) money laudering or terrorist financing; f) child labour and other forms of human trafficking. An economic operator shall likewise be excluded from participation in a procurement procedure for a breach of their obligations relating to the payment of taxes or social security contributions and where this has been established by a local or foreign judicial or administrative decision having final and binding effect. A contract shall also not be awarded to an economic operator who, during the procurement procedure for that contract: (a) is bankrupt or is the subject of insolvency or winding-up proceedings, where its assets are being administered by a liquidator or by the court, where it is in an arrangement with creditors, where its business activities are suspended or it is in any analogous situation arising from a similar procedure under national laws and regulations; (b) is the subject to a conflict of interests as referred to under the definition in regulation 2 which cannot be effectively remedied by other less intrusive measures; (c) has been involved in the preparation of the procurement procedure, unless such an exclusion cannot be remedied by other, less intrusive measures.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 191-194
Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulation 164) |
| Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. |
No. Contracting authorities shall require economic operators to explain the price or costs proposed in the tender where tenders appear to be abnormally low in relation to the activity to be carried out when the estimated value of these falls under regulation 9(1)(b). The contracting authority shall assess the information provided by consulting the tenderer and may only reject the tender where the evidence supplied does not satisfactorily account for the low level of price or costs proposed, taking into account the elements referred to in sub-regulation (2). Furthermore, contracting authorities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with applicable obligations referred to in regulation 13 (m) and 16 (1) (k).
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 241 (2) (c) and 243
Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulations 160 (2) (3) and 174) |
| Is scoring criteria published? |
Yes. The contracting authority shall specify, in the procurement documents, the relative weighting which it gives to each of the criteria chosen to determine the most economically advantageous tender, except where this is identified on the basis of price alone. Those weightings may be expressed by providing for a range with an appropriate maximum spread. Where weighting is not possible for objective reasons, the contracting authority shall indicate the criteria in decreasing order of importance.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulation 239 (7) (8) (9)
Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulation 170 (7) (8) (9) (10)) |
| Are decisions always made by a committee? |
Yes. There shall be a Departmental Contracts Committee for contracting authorities listed in Schedule 2 and in Schedule 16, which shall be responsible for procurement processes with an estimated value starting from EUR 10,000 up to the threshold established under regulation 9(1)(a). Provided that in the case of call for tenders published by the Ministerial Procurement Unit the responsibility for the process shall increase the procurement processes that have an estimated value which does not exceed two hundred and fifty thousand euro (EUR 250,000). The Departmental Contracts Committee shall be composedof three members: a) chairman, who shall be the The Head of the Department responsible for Corporate Services, or their representative; (b) a member appointed by the Permanent Secretary of theconcerned ministry; and (c) a member representing the Director of Contracts, which member may also be a member of the General Contracts Committee. The Departmental Contracts Committee shall make definite recommendations for the award of the contract, and a copy of its recommendation shall be forwarded to the Director. The Minister may authorise the setting up of committees, to be known as ad hoc Committees, in respect of tenders whose estimated value is equal or exceeds the thresholds established under regulation 9(1)(b). Each ad hoc Committee shall be composed of the head of the department, or, in their absence, an officer appointed by the Minister from among the most senior of officials at the contracting authority affecting the purchase. This nominee shall be, ex officio, chairman of the Committee together with not less than four other members appointed by the Minister, none of whom shall be performing duties at, or be members of the staff of, the department effecting the purchase. The function of the ad hoc Committee shall be indicated by the Minster in their letter of appointment. Where the Prime Minister determines that the adjudication of tenders for the award of any particular contract requires special expertise, skills or other specialist knowledge, they may appoint a Special Contracts Committee for the award of that public contract. The members of the Special Contracts Committee shall be appointed for the duration of the adjudication process of theparticular call for tenders. Finally, there shall be in each Ministry a Ministerial Procurement Unit which shall fall under the office of the Permanent Secretary responsible for that Ministry, or under anotherperson in an equivalent post, being so delegated by the Minister responsible for that Ministry.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 73-39) |
| Are there regulations on evaluation committee composition to prevent conflict of interest? |
Yes. "Conflicts of interest" shall at least mean any situation where anyperson, including staff members of the contracting authority or of aprocurement service provider acting on behalf of the contractingauthority, who are involved in the conduct of the procurementprocedure or may influence the outcome of that procedure have,directly or indirectly, a financial, economic or other personalinterest which might be perceived to compromise their impartialityand independence in the context of the procurement procedure. In so far as this is not inconsistent with the duties established under sub-regulation (2) and regulation 79, it is the duty of all contracting authorities, including Ministerial Procurement Units, to take appropriate measures to effectively prevent, identify and remedy conflicts of interest arising in the conduct of procurement procedures so as to avoid any distortion of competition and to ensure equal treatment of all economic operators. Additionally, a person shall be disqualified from being appointed to and from remaining a member of the General Contracts Committee if he: (a) is a member of the House of Representatives, or of the European Parliament or of a Local Council; (b) has such a financial or other interest that is likely to prejudice the discharge of his functions as a member of the General Contracts Committee; (c) is legally incapacitated or interdicted; (d) has been adjudged bankrupt or has made a composition or arrangement with his creditors; or (e) has been convicted of a crime affecting public trust or of theft or of fraud or of knowingly receiving property obtained by theft or fraud.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 2, 16 (1) (g), 67 (2) and 79 (4) (e)Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulations 2 and 35 (g)) |
| Is some part of evaluation committee mandatorily independent of contracting authority? |
No.
( ) |
| Are scoring results publicly available? |
No.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulation 43 (2) and Schedule 9 Part D ) |
| Does the law specify under which conditions the tender can be cancelled? |
Yes. The Director has the right to cancel the award of acontract at any time during a call for tenders or quotations even after the recommended bidder has been decreed and the time establish to file and appeal before the Public Contracts ReviewBoard has lapsed, if it is found that such a contract has been awarded either in breach of these regulations or the award has been made in such a way as to discriminate between economic operators. Moreover, the Director may decide to cancel any procurement procedure even if an evaluation process has not been concluded by the end of the validity period of the submitted bids. If the Director decides to cancel the tender they shall consult the General Contracts Committee or the Special Contracts Committee as the case may be for their opinion. Should the General Contracts Committee or the Special Contracts Committee, as the case may be, not agree with the recommendation of the Director, the decision of the Director may be referred to the Minister for his approval. In the case of call for tenders administered by the Ministerial Procurement Unit, the Permanent Secretary responsible for that Unit will have the right to exercise the same rights of the Director, as established under this regulation, with the exception that instead of consulting with the General Contracts Committee or the Special Contracts Committee he has to consult with the Departmental Contracts Committee. If the Departmental Contracts Committee does not agree with the recommendations of the Permanent Secretary, the decision of the latter can be referred to the Minister responsible for that Departmental Contracts Committee so that he can give a final decision. The decision leading to the cancellation of a procurement procedure has to be made in writing and must include the findingsand the reasoning that led to this decision. A copy of this decision must be notified to each economic operator who participated in that particular call, who will have theright to contest it by filing a complaint before the Review Board. The same procedure mentioned in regulation 276 mutatis mutadis applies also for this procedure.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 13 (c) and 15) |
| Does the law specify the location for publicizing open calls for tenders? |
Yes. OJEU/TED, buyer's profile, government's e-procurement platform (https://www.etenders.gov.mt/epps/home.do) and Official Gazette
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 41, 44 and 45) |
| Does the law specify the location for publicizing restricted calls for tenders? |
Yes. OJEU/TED, buyer's profile, government's e-procurement platform (https://www.etenders.gov.mt/epps/home.do) and Official Gazette
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 41, 44 and 45) |
| Does the law specify the location for publicizing negotiated calls for tenders? |
Yes. OJEU/TED, buyer's profile, government's e-procurement platform (https://www.etenders.gov.mt/epps/home.do) and Official Gazette
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 41, 44 and 45) |
| What is the minimum number of bidders for restricted procedures? |
5.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulation 237 (3)
Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulation 165 (2)) |
| What is the minimum number of bidders for negotiated procedures? |
3.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulation 237 (3)
Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulation 165 (2)) |
| What is the minimum number of bidders for competitive dialogue procedures? |
3.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulation 237 (3)
Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulation 165 (2)) |
| What are the minimum number of days for open procedures? |
General. In the case of a contract with an estimated value which is less than the threshold established under regulation 9(1)(a) (below EU thresholds), the minimum time limit for the receipt of tenders shall be 20 days from the date on which the tender has been published. Provided that the authority responsible for the tendering process may reduce this time limit to 15 days in cases of extreme urgency. For contracts above EU thresholds, the minimum number of days is 35.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulation 116 (1) (5)
Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulation 91 (5)
) |
| What are the minimum number of days for restricted procedures? |
General. The minimum time limit for the receipt of tenders from the suitable candidates shall be 30 days from the date on which the invitation to tender was sent. Where contracting authorities have published a prior information notice, the minimum time limit for the receipt of tenders as laid down in sub-regulation (1) may be shortened to 10 days, provided that all of the following conditions are fulfilled: (a) the prior information notice included all the information required in section I of part B of Schedule 9, in so far as that information was available at the time the prior information notice was published; (b) the prior information notice was sent for publication between 35 days and twelve months before the date on which the contract notice was sent. The time limit for receipt of tenders provided for in subregulation (1) may be reduced by 5 days where the contracting authority accepts that tenders may be submitted by electronic means in conformity with regulation 48(1) to (6), (10), (11) and (12) to (14). In the utilities sector, the minimum time limit for the receipt of tenders shall at least be 10 days from the date on which the invitation to tenderwas sent.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulation 121
Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulation 96) |
| What are the minimum number of days for competitive negotiated procedures? |
General. The minimum time limit for receipt of requests to participate shall be 30 days from the date on which the contract notice was sent to the Publication Office of the European Union or from when the call for competition is published, as the case may be, whilst the minimum time limit for the receipt of initial tenders shall be 30 days from the date on which the invitation was sent. The provisions of regulations 121 and 122 shall apply mutatis mutandis also to the competitive procedure with negotiation. In the utilities sector, the time limit for the call for tenders shall be at least 10 days from the date on which the invitation to tender was sent.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulation 125
Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulation 101) |
| Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? |
Yes. The Public Procurement Regulations shall not apply to: (a) public contracts and design contests which, under the Public Procurement of Entities operating in the Water, Energy, Transport and Postal Services Sectors Regulations of 2016 (Utilities Regulations), are awarded or organised by contracting authorities exercising one or more of the activities referred to in regulations 8 to 14 of the said Regulations and are awarded for the pursuit of those activities; (b) public contracts excluded from the scope of the Public Procurement of Utilities Regulations of 2016, under regulations 18, 23 and 34 thereof; (c) public contracts awarded by a contracting authority which provides postal services; (d) public contracts and design contests for the principal purpose of permitting the contracting authorities to provide or exploit public communications networks or to provide to the public one or more electronic communications service; (e) public contracts and design contests which the contracting authority is obliged to award or organise in accordance with procurement procedures different from those laid down in these regulations; (f) public contracts and design contests which the contracting authority awards or organises in accordance with procurement rules provided by an international organisation or international financing institution, where the public contracts and design contests concerned are fully financed by that organisation or institution; (g) public service contracts for the acquisition or rental, by whatever financial means, of land, existing buildings or other immovable property or concerning rights thereon; (h) public service contracts for the acquisition, development, production or co-production of programme material intended for audiovisual media services or radio media services, that are awarded by audiovisual or radio media service providers, or contracts for broadcasting time or programme provision that are awarded to audiovisual or radio media service providers; (i) arbitration and conciliation services; (j) legal representation of a client by a lawyer; (k) legal advice given in preparation of any of the proceedings referred to in paragraph (i) of this sub-regulation or where there is a tangible indication and high probability that the matter to which the advice relates will become the subject of such proceedings; (l) document certification and authentication services which must be provided by notaries; (m) legal services provided by trustees or appointed guardians or other legal services the providers of which are designated by a court or tribunal in the Member State concerned or are designated by law to carry out specific tasks under the supervision of such tribunals or courts; (n) other legal services which are connected, even occasionally, with the exercise of official authority; (o) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments; (p) loans, whether or not in connection with the issue, sale, purchase or transfer of securities or other financial instruments; (q) employment contracts; (r) civil defence, civil protection, and danger prevention services that are provided by non-profit organisations or associations, and which are covered by certain CPV codes, except patient transport ambulance services; (s) public passenger transport services by rail or metro; (t) political campaign services covered by certain CPV codes, when awarded by a political party in the context of an election campaign; (u) public service contracts awarded by a contracting authority to another contracting authority or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to a law, regulation or published administrative provision which is compatible with the TFEU; (v) public service contracts for research and development services other than those public service contracts for research and development services which fall under the certain CPV codes and whose benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs, on condition that the service provided is wholly remunerated by the contracting authority; (w) public contracts falling within the scope of Public Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations and those contracts which are excluded pursuant to regulations 9(1), 12 and 13 of Public Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations, 2016; (x) public contracts and design contests not otherwise exempted under paragraph (w) to the extent that the protection of the essential security interests of Malta cannot be guaranteed by less intrusive measures; (y) public contracts and design contests not otherwise exempted under paragraph (w) to the extent that the application of these regulations would oblige Malta to supply information the disclosure of which it considers contrary to the essential interests of its security; (z) the procurement and performance of a public contract or design contest that are declared to be secret or are accompanied by special security measures in accordance with the laws, regulations or administrative provisions in force in Malta, as long as the essential interests concerned cannot be guaranteed by less intrusive measures, such as those referred to in paragraphs (x) and (y); (z1) contracts concerning certain defence and security aspects and public contracts between entities within the public sector.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 7 and 8
Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulation 15-24, 31 and 32) |
| Does the law specify the main types of institutions that must apply the public procurement law? |
Yes. The State, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law. A list of the contracting authorities is further given in Schedule 1.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulation 2 and Schedule 1
Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulation 2 (1)) |
| Does the law specify the main procedure types or procurement methods permitted? |
Yes. Contracts may be awarded using the: open procedure, restricted procedure, competitive procedure with negotiation, innovation partnership, competitive dialogue, the negotiated procedure without contract notice and design contests.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulation 114
Public Procurement Utilities (Subsidiary Legislation 601.05 - Legal Notice 351 of 2016), as amended in 2020, Regulation 89 (1)) |
| Is there a procurement arbitration court dedicated to public procurement cases? |
Yes. It shall be the function of the Review Board to address in particular: (a) concerns or complaints raised before the closure of a submission of a tender by candidates or persons having an interest in obtaining a particular public contract; (b) complaints raised by tenderers or candidates relating to exclusions, non-compliant offers, contract award decisions or cancellations of a procurement procedure after the closing date and time set for the submission of the said call; (c) requests for the ineffectiveness of a public contract as established in these regulations; (d) to hear and determine any cases assigned to it under these regulations or any other law; and (e) to hear and determine any cases assigned to it in a public call for tenders or quotations, even if such call does not involve procurement.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 80 and 87) |
| Is there a procurement regulatory body dedicated to public procurement? |
Yes. The Contracts Committee, which shall, inter alia: (a) advise on all matters relating to public contracts, as well as on public procurement of materials, works and services either on its own initiative or on specific issues relating to its functions which may from time to time be referred to it for its advice; and (b) evaluate reports and recommendations submitted by contracting authorities and make definite recommendations for the award of contracts ensuring that the best value for money at the lowest possible cost is attained. The Contracts committee is directly accountable to and appointed by the Prime Minister.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 64 and 72) |
| Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? |
No. There is no specification of procurement advisors' profession per se. The Law merely stipulates that: a) the General Contracts Committee shall be composed of the Director of Contracts, who shall be ex officio chairman, together with not less than four and not more than ten other members who appear to the Prime Minister to have the relevant qualifications or experience; b) where the Prime Minister determines that the adjudication of tenders for the award of any particular contract requires special expertise, skills or other specialist knowledge, they may appoint a Special Contracts Committee for the award of that public contract; and c) in case of design contests, the jury shall be composed exclusively of natural persons who are independent of participants in the contest and, where a particular professional qualification is required from participants in a contest, at least a third of the members of the jury shall have that qualification or an equivalent qualification.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 65 (1), 78 (1) and 159) |
| Is disclosure of final, beneficial owners required for placing a bid? |
No.
(No mention in the law) |
| Is there a fee for arbitration procedure? |
Yes. The objection submitted to the Public Contracts Review Board shall only be valid if accompanied by a deposit equivalent to 0.5% of the estimated value set by the contracting authority of the whole tender or if the tender is divided into lots according to the estimated value of the tender set by the contracting authority for each lot submitted by the tenderer, provided that in no case shall the deposit be less than four hundred euro (EUR 400) or more than fifty thousand euro (EUR 50,000) which may be refunded as the Public Contracts Review Board may decide in its decision.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulation 273) |
| Is there a ban on contract signature until arbitration court decision (first instance court)? |
Yes. Pending the decision of the Public Contracts Review Board on an application based on the grounds provided by regulation 262 (1), the process of the call for tenders shall be suspended. Moreover, the Department of Contracts, the Ministerial Procurement Unit or the contracting authority involved, as the case may be, shall be precluded from concluding the contract during the period of ten calendar days allowed for the submission of appeals. The award process shall be completely suspended if an appeal is eventually submitted.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 266 and 275) |
| What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? |
General. The procedure to be followed in submitting and determining appeals as well as the conditions under which such appeals may be filed shall be the following: the contracting authority and any interested party may, within 10 calendar days from the day on which the appeal is affixed to the notice board of the Review Board and uploaded where applicable on the government’s e-procurement platform, file a written reply to the appeal; the authority responsible for the tendering processshall within 10 days forward to the chairman of the Public Contracts Review Board all documentation pertaining to the call for tenders in question including files and tenders submitted; the secretary of the Review Board shall inform all the participants of the call for tenders, the Department of Contracts, the Ministerial Procurement Unit and the contracting authority of the date or dates, as the case may be, when the appeal will be heard; when the oral hearing is concluded, the Public Contracts Review Board, if it does not deliver the decision on the same day, shall reserve decision for the earliest possible date to be fixed for the purpose, but not later than 6 weeks from the day of the oral hearing (provided that for serious and justified reasons expressed in writing by means of an order notified toall the parties, the Public Contracts Review Board may postpone the judgment for a later period).
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulation 276) |
| Is there a requirement to publicly release arbitration court decisions ? |
Yes. After appointing the application for hearing, and after listening to the oral submissions made by all parties, the Review Board shall establish a date in which it will deliver the judgment during a public session. Decisions are available at: https://finance.gov.mt/en/the-ministry/departments-directorates-units/pcrb/pages/about-us.aspx. Additionally, the sessions of the Review Board during which the complaint is heard shall be held in public and both the complainant and any interested party shall have the right to attend and to be accompanied by any person, professional or otherwise, who they consider suitable to defend their interests. The secretary of the Review Board shall keep a record of everything done in each session. The decision of the Review Board shall be rendered in writing, be signed by all members and be dated. In its decision the Review Board shall indicate the reasons upon which such decision was taken.
(Public Procurement Regulations (Subsidiary Legislation 601.03 - Legal Notice 352 of 2016), as amended in 2020, Regulations 89 (1) (2), 93 (1) (3) and 284) |
Malta
24(66) Political Financing 
25(53) Financial Disclosure 
20(37) Conflict of Interest 
81(59) Freedom of Information 
76(62) Public Procurement