2016, as amended by Legal Notices 155
2017, 233
2017, 26
2018, 176
2018, 263
2018 and 195 and 301
2019 and 196, 413 and 446
2020, 56
2021 26 and 360
2022, 212 and 227
2023 and 112
2024; Act XXVIII
2018, XXI
2020 and X
2023 and XVII
2024 and Legal Notices 361
2024, 47 and 110
2025. ARRANGEMENT
REGULATIONS Regulations Part I Part II Part III Part IV General Provisions Interpretation and Scope Applicability The
fice
the Director
Contracts The Contracting Authority Centralised Purchasing Activities and Joint Procurement Mixed Procurement The Contract Value Contracts into Lots Principles Underlying the Procurement Process Publication Preliminary Market Consultations Communication Time-Limits and Technical Specifications The Tenderer The Selected
fer Boards, Committees and Tribunals General Contracts Committee Departmental Contracts Committee Ad hoc Committees and the Special Contracts Committee The
fice
the Director Sectoral Procurement Public Contracts Review Board Commercial Sanctions Tribunal Rules applicable to Departmental Tenders Methods
Procurement according to the Contract Value Duties
Contracting Authorities Types
Procurement Procedures Various Methods
Procurement Open Procedure Restricted Procedure Competitive Procedure with Negotiation Innovation Partnership Competitive Dialogue Negotiated Procedure Design Contest 2-3 4-9 10 - 15 16 - 20 21 - 25 26 - 27 28 - 32 33 - 37 38 -40 41 - 46 47 48 - 51 52 - 55 56 - 60 61 - 63 64 - 72 73 - 75 76 - 78 79 80 - 94 95 - 99 100 - 104 105 - 113 114 115 - 117 118 - 122 119 - 127 128 - 139 140 - 149 150 - 156 157 - 160 2 [ S.L.601.03 Part V Part VI Part VII Part VIII Part IX Schedule 1 Schedule 2 Schedule 3 Schedule 4 Schedule 5 Schedule 6 Schedule 7 Schedule 8 Schedule 9 Schedule 10 Schedule 11 PUBLIC PROCUREMENT Reserved Contracts and Contracts for Social and Other Specific Services Procurement by Entities Aggregation
Procurement Framework Agreement Dynamic Purchase Systems Electronic Auctions Exclusion and Black Listing
Economic Operators General Prohibition Exclusion
Economic Operators Black Listing by the Director Black Listing by the Director
Employment and Industrial Relations Crimes Choice
Participants and Award
Contracts Selection Criteria Reduction
numbers
candidates, tenders and solution Award
Contract Abnormally Low Contracts and Variant Solutions Performance
Contracts Contract Performance and Modifications Termination
Contracts Remedies Remedies before Closing Date
a Call for Competition Appeals from Decisions taken after the Closing Date for the Submissions
a Tender Ineffectiveness
a Contract Appeals from the Termination
a Contract Court
Appeal 161 - 165 166 167 - 173 174 - 180 181 - 190 191 192 - 198 199 - 206 207 - 215 216 217 - 236 237 - 238 239 - 242 243 - 244 245 - 260 261 262 - 269 270 - 276 277 - 282 283 284 - 290 SCHEDULES List
contracting authorities Contracting Authorities falling within the competence
the Department
Contracts List
Contracting Authorities who shall administer their own public procurement in accordance with the provisions
these Regulations List
Central Purchasing Bodies Values
thresholds Central Government Authorities List
Products Requirements relating to Tools and Devices for the Electronic Receipt
Tenders, Requests for Participation as well as Plans and Projects in Design Contests Information to be included in Notices Information to be included in the Procurement Documents relating to Electronic Auctions Features concerning Publication PUBLIC PROCUREMENT Schedule 12 Schedule 13 Schedule 14 Schedule 15 Schedule 16 [ S.L.601.03 3 Contents
the Invitations to submit a Tender, to Participate in the Dialogue or to confirm Interest List
International Social and Environmental Conventions Services List
the Activities List
Contracting Authorities who shall administer their own public procurement in accordance with the provisions
these regulations 4 [ S.L.601.03 Citation and scope. PUBLIC PROCUREMENT 1.
these regulations is the Public Procurement Regulations.
Directive 2014/24/EU
the European Parliament and
the Council
26 February, 2014, on public procurement and repealing Directive 2004/18/EC. Part I General Provisions Interpretation. Amended by: L.N. 195
2019; L.N. 56
these regulations: "ancillary purchasing activities" means activities consisting in the provision
support to purchasing activities, in particular in the following forms: (
public procurement procedures; (c) preparation and management
procurement procedures on behalf and for the account
the contracting authority concerned; "black listed person" means any person, whether legal or natural, with whom a contracting authority and any body governed by public law shall be prohibited from carrying out any procurement whether directly or as a sub-contractor or as a member
a consortium and, or joint venture; "bodies governed by public law" means bodies that have all
the following characteristics: (a) they are established for the specific purpose
meeting needs in the general interest, not having an industrial or commercial character; (
whose members are appointed by the State, regional or local authorities, or by other bodies governed by public law; "candidate" means an economic operator that has sought an invitation or has been invited to take part in a restricted procedure, in a competitive procedure with negotiation, in a negotiated procedure without prior publication, in a competitive dialogue or in an innovation partnership; "candidate concerned" means a candidate who has not yet received information from a contracting authority about the PUBLIC PROCUREMENT [ S.L.601.03 rejection
his application before the notification
the contract award decision to the tenderer concerned; "central government authorities" means the contracting authorities listed in Schedule 6 and, in so far as corrections or amendments have been made at national level, their successor entities; "centralised purchasing activities" means activities conducted on a permanent basis, in one
the following forms: (a) the acquisition
supplies and, or services intended for contracting authorities; (b) the award
public contracts or the conclusion
framework agreements for works, supplies or services intended for contracting authorities; "central p urch asi ng body " m eans a co ntracting aut hority providing centralised purchasing activities and, possibly, ancillary purchasing activities; "Commission" means the Commission
the European Union; "common technical specification" means a technical specification in the field
ICT laid down in accordance with Articles 13 and 14
Regulation (EU) 1025/2012; "conflicts
interest" shall at least mean any situation where any person, including staff members
the contracting authority or
a procurement service provider acting on behalf
the contracting authority, who are involved in the conduct
the procurement procedure or may influence the outcome
that procedure have, directly or indirectly, a financial, economic or other personal interest which might be perceived to compromise their impartiality and independence in the context
the procurement procedure; "conformity assessment body" shall be a body that performs conformity assessment activities including calibration, testing, c e r t i f i c a t i o n a n d i ns p e c t i o n a c c r e d i te d i n ac c o r d a n c e w it h Regulation (EC) No 765/2008
the European Parliament and
the Council
9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing
products; "contracting authorities" means 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; "contract award notice" means an award notice to be published in the
ficial Journal
the European Union; "contract notice" means a notice to be published in the
ficial Journal
the European Union; "Contracts Committees" means the General Contracts Committee and, or the Special Contracts Committee; "CPV" means the Common Procurement Vocabulary as adopted by Regulation (EC) No. 2195/2002 as amended from time to time; 5 6 [ S.L.601.03 PUBLIC PROCUREMENT "departmental tender" means tenders issued by contracting authorities with an estimated value which falls under the threshold established under regulation 9
town and country planning, architecture and engineering or data processing, a plan or design selected by a jury after being put out to competition with or without the award
prizes; "direct contracts" means contracts awarded without recourse to a prior call for competition; Cap. 452. "Director" means the Director
Contracts who heads the Department
Contracts; "Director
Employment and Industrial Relations" shall have the same meaning as specified in the Employment and Industrial Relations Act; "Director Sectoral Procurement" means the Director responsible for the administration and management
the Sectoral Procurement Directorate; "economic operator" means any natural or legal person or public entity or group
such persons and, or entities, including any temporary association
undertakings and shall cover equally the concepts
contractor, supplier and service provider; "electronic means" refers to electronic equipment for the processing (including digital compression) and storage
data which is transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means; "European Technical Assessment" means the documented assessment
the performance
a construction product, in relation to its essential characteristics, in accordance with the respective European Assessment Document, as defined in point 12
Regulation (EU) No 305/2011
the European Parliament and
the Council; "Evaluation Committee" means boards or committees appointed by contracting authorities with the purpose
evaluating tenders received and for making recommendations thereon; "framework agreement" means an agreement between one or more contracting authorities and one or more economic operators, the purpose
which is to establish the terms governing contracts to be awarded during a given period, in particular with regard to price and, where appropriate, the quantity envisaged; "government’s e-procurement platform" means the electronic platform for procurement as established by the Director; "ineffectiveness" means a contract awarded illegally or when the procurement procedure was not followed correctly; "innovation" means the implementation
a new or significantly improved product, service or process, including but not limited to production, building or construction processes, a new marketing method, or a new organisational method in business practices, PUBLIC PROCUREMENT [ S.L.601.03 workplace organisation or external relations inter alia with the purpose
helping to solve societal challenges or to support the Europe 2020 strategy for smart, sustainable and inclusive growth; "irregular tenders" means tenders which do not comply with the procurement documents, which were received late, where there is evidence
collusion or corruption, or which have been found by the contracting authority to be abnormally low; "label" means any document, certificate or attestation confirming that the works, products, services, processes or procedures in question meet certain requirements; "label requirements" means the requirements to be met by the works, products, services, processes or procedures in question in order to obtain the label concerned; "life cycle" means all consecutive and, or interlinked stages, including research and development to be carried out, production, trading and its conditions, transport, use and maintenance, throughout the existence
the product or the works or the provision
the service, from raw material acquisition or generation
resources to disposal, clearance and end
service or utilisation; "Member State" means a member state
the European Union; "Minister" means the Minister responsible for Finance; "modification" means any change, variation or amendment to the original terms
the contract including but not limited to the introduction
new conditions and to the removal or replacement
existing conditions; "negotiated procedures" means those procedures whereby contracting authorities consult the economic operators
their choice and negotiate the terms
a contract with one or more
these; "notice" means a notice published in the Gazette; "prior information notices" means a notice published in the
ficial Journal according to what is specified under Part I; "procurement" means acquisition by means
a public contract o f w o r k s , s u p p l i e s o r se r v i c e s b y o n e o r m o r e c o n t r a c t i n g authorities from economic operators chosen by those contracting authorities, whether or not the supplies, works, or services are intended for a public purpose; "procurement document" means any document produced or referred to by the contracting authority to describe or determine elements
the procurement or the procedure, including the contract notice, the prior information notice where it is used as a means
calling for competition, the technical specifications, the descriptive document, proposed conditions
contract, formats for the presentation
documents by candidates and tenderers, information on generally applicable obligations and any additional documents including clarifications; "procurement service provider "means a public or private body 7 8 [ S.L.601.03 PUBLIC PROCUREMENT which
fers ancillary purchasing activities on the market; "public contracts" means contracts for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities and having as their object the execution
works, the supply
products or the provision
services; "public service contracts" means public contracts having as their object the provision
services other than those referred to in the definition
public works contracts; "public supply contracts" means public contracts having as their object the purchase, lease, rental or hire-purchase, with or without an option to buy,
products, which may include, as an incidental matter, siting and installation operations; "public works contracts" means public contracts having as their object one
the following: (a) the execution, or both the design and execution,
works related to one
the activities within the meaning Schedule 15; (b) the execution, or both the design and execution,
a work; (c) the realisation, by whatever means,
a work corresponding to the requirements specified by the contracting authority exercising a decisive influence on the type or design
the work; "regional authorities" includes authorities listed nonexhaustively in Nomenclature
Territorial Units for Statistics (NUTS) 1 and 2, as referred to in Regulation (EC) No 1059/2003
the European Parliament and
the Council, while "local authorities" includes all authorities
the administrative units falling under NUTS 3 and smaller administrative units, as referred to in Regulation (EC) No 1059/2003; "restricted procedures" means those procedures in which any economic operator may request to participate and whereby only those economic operators invited by the contracting authorities may submit a tender; "Review Board" means the Public Contracts Review Board; "Sectoral Procurement Directorate" means the directorate responsible for the administration, evaluation and recommendation on behalf
contracting authorities listed under Schedule 16
calls for tenders published under an open or restricted procedure where the estimated value
such calls exceeds ten thousand euro (€10,000) but it does not exceed the threshold
seven hundred and fifty thousand euro (€750,000); "SME" has the same meaning as that given under Commission Recommendation 2003/361/EC; "standard" means a technical specification, adopted by a recognised standardisation body, for repeated or continuous application, with which compliance is not compulsory, and which is PUBLIC PROCUREMENT [ S.L.601.03 one
the following: (
market needs; "technical specification" means either: (a) in the case
public works contracts the totality
the technical prescriptions contained in particular in the procurement documents, defining the characteristics required
a material, product or supply, so that it fulfils the use for which it is intended by the contracting authority; those characteristics include levels
environmental and climate performance, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions and production processes and methods at any stage
the life cycle
the works; those characteristics also include rules relating to design and costing, the test, inspection and acceptance
conditions for works and methods or techniques
construction and all other technical conditions which the contracting authority is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve; or (b) in the case
public supply or service contracts a specification in a document defining the required characteristics
a product or a service, such as quality levels, environmental and climate performance levels, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, use
the product, safety or dimensions, including requirements relevant to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions, production processes and methods at any stage
the life cycle
the supply or service and conformity assessment procedures; 9 10 [ S.L.601.03 PUBLIC PROCUREMENT "TFEU" means the Treaty on European Union and the Treaty on the Functioning
the European Union; "tenderer" means an economic operator that has submitted a tender; "tenderers concerned" means tenderers who have not yet been definitely excluded. An exclusion is definitive if it has been notified to the tenderers concerned and has either been considered lawful by the Review Board or can no longer be subject to review before the Court
Appeal; Cap. 406. "unacceptable tenders" means tenders submitted by tenderers that do not have the required qualifications, and tenders whose price exceeds the contracting authority’s budget as determined and documented prior to the launching
the procurement procedure; "VAT" means value added tax under the Value Added Tax Act; "work" means the outcome
building or civil engineering works taken as a whole which is sufficient in itself to fulfil an economic or technical function; "written" or "in writing" means any expression consisting
words or figures which can be read, reproduced and subsequently communicated, including information transmitted and stored by electronic means. Scope. Applicability. 3. The scope
these regulations is to regulate all the procurement carried out by the Government
Malta. Applicability 4.
these regulations is subject to Article 346
the TFEU. Transitory provisions. 5. Any procurement procedure which has been issued prior to the coming into force
these regulations shall continue to be regulated by the laws which were in force before the coming into force
these regulations, including any review on any decision thereon. Subsidised contracts. 6.
the following activities: (
PUBLIC PROCUREMENT [ S.L.601.03 11 other entities. 7.
Entities operating in the Water, Energy, Transport and Postal Services Sectors Regulations, 2016, are awarded or organised by contracting authorities exercising one or more
the activities referred to in regulations 8 to 14
the said Regulations and are awarded for the pursuit
those activities; (b) public contracts excluded from the scope
the Public Procurement
Entities operating in the Water, Energy, Transport and Postal Services Sectors Regulations, under regulations 18, 23 and 34 thereof; (c) public contracts awarded by a contracting authority which provides postal services within the meaning
paragraph (b)
regulation 13
the Public Procurement
Entities operating in the Water, Energy, Transport and Postal Services Sectors Regulations for the pursuit
the following activities: (i) added value services linked to and provided entirely by electronic means including the secure transmission
coded documents by electronic means, address management services and transmission
registered electronic mail; (ii) financial services which are covered by CPV codes 66100000-1 to 66720000-3 and by point (d)
Directive 2014/25/EU and including in particular postal money orders and postal giro transfers; (iii) philatelic services; or (
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 established by any
the following: (i) a legal instrument creating international law obligations, such as an international agreement, concluded in conformity with the Treaties, between a Member State and one or more third countries or subdivisions thereof and covering Non-Applicability. Amended by: L.N.155
2017. S.L. 601.05 S.L. 601.05 S.L. 601.05 12 [ S.L.601.03 PUBLIC PROCUREMENT works, supplies or services intended for the joint implementation or exploitation
a project by their signatories; (ii) an international organisation: Provided that before making use
the exclusion identified in sub-paragraph (i), a contracting authority shall communicate all legal instruments referred therein to the Commission; (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. In the case
public contracts and design contests co-financed for the most part by an international organisation or international financing institution the parties shall agree on applicable procurement procedures; (g) public service contracts for the acquisition or rental, by whatever financial means,
land, existing buildings or other immovable property or concerning rights thereon; (h) public service contracts for the acquisition, development, production or co-production
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
a client by a lawyer within the meaning
Council Directive 77/249/EEC
22 March 1977 to facilitate the effective exercise by lawyers
freedom to provide services in: (
a Member State or a third country or before international courts, tribunals or institutions; (k) legal advice given in preparation
any
the proceedings referred to in paragraph (j)
this subregulation or where there is a tangible indication and high probability that the matter to which the advice relates will become the subject
such proceedings, provided that the advice is given by a lawyer within the meaning
Directive 77/249/EEC
22 March 1977 to facilitate the effective exercise by PUBLIC PROCUREMENT [ S.L.601.03 lawyers
freedom to provide services; (
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
such tribunals or courts; (n) other legal services which are connected, even occasionally, with the exercise
ficial authority; (o) financial services in connection with the issue, sale, purchase or transfer
securities or other financial instruments within the meaning
Directive 2004/39/ EC
the European Parliament and
the Council
21 April 2004 on markets in financial instruments amending central bank services and operations conducted with the European Financial Stability Facility and the European Stability Mechanism; (p) loans, whether or not in connection with the issue, sale, purchase or transfer
securities or other financial instruments; (
an election campaign; (u) public service contracts awarded by a contracting authority to another contracting authority or to an association
contracting authorities on the basis
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 CPV codes 73000000-2 to 73120000-9, 733000005, 73420000-2 and 73430000-5 and whose benefits accrue exclusively to the contracting authority for its use in the conduct
its own affairs, on condition that the service provided is wholly remunerated by the contracting authority; 13 14 [ S.L.601.03 S.L. 601.07 PUBLIC PROCUREMENT (w) public contracts falling within the scope
Public Procurement
Contracting Authorities or Entities in the fields
Defence and Security Regulations and those contracts which are excluded pursuant to regulations 9
Public Procurement
Contracting Authorities or Entities in the fields
Defence and Security Regulation; (
the essential security interests
Malta cannot be guaranteed by less intrusive measures, for instance by imposing requirements aimed at protecting the confidential nature
information which the contracting authority makes available in a contract award procedure as provided for in these regulations; (
these regulations would oblige Malta to supply information the disclosure
which it considers contrary to the essential interests
its security; (z) the procurement and performance
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 (
the following: (i) an international agreement or arrangement, concluded in conformity with the Treaties, between a Member State and one or more third countries or subdivisions thereof and covering works, supplies or services intended for the joint implementation or exploitation
a project by their signatories; (ii) an international agreement or arrangement relating to the stationing
troops and concerning the undertakings
a Member State or a third country; (iii) an international organisation: Provided that all agreements or arrangements referred to in sub-paragraph (
public contracts and design contests co-financed for the most part by an international organisation or international financing institution the parties shall agree on applicable procurement procedures; (cc) the organisation
the social security system; (dd) all public procurement carried out in terms
the Emergency Procurement Regulations.
this regulation: "audiovisual media services" shall have the same meaning as pursuant to point (a)
Directive 2010/13/EU
the European Parliament and
the Council
10 March 2010 on the coordination
certain provisions laid down by law, regulation or administrative action in Member States concerning the provision
audiovisual media services; "electronic communications service" shall have the meaning given to this term in Directive 2002/21/EC
the European Parliament and
the Council
7 March 2002 on a common regulatory framework for electronic communications networks and services; "media service providers" shall have the same meaning as pursuant to point (d)
Directive 2010/13/EU
the European Parliament and
the Council
10 March 2010 on the coordination
certain provisions laid down by law, regulation or administrative action in Member States concerning the provision
audiovisual media services; "programme" shall have the same meaning as pursuant to point (b)
Directive 2010/13/EU
the European Parliament and
the Council
10 March 2010 on the coordination
certain provisions laid down by law, regulation or administrative action in Member States concerning the provision
audiovisual media services and shall also include radio programmes and radio programme materials; "programme material" shall have the same meaning
the term "programme"; "public communications network" shall have the meaning given to this term in Directive 2002/21/EC
the European Parliament and
the Council
7 March 2002 on a common regulatory framework for electronic communications networks and services.
regulation 111
these regulations when all
the following conditions are fulfilled: (
the activities
the controlled legal person are carried out in the performance
tasks entrusted to it by the controlling contracting authority or by other legal persons controlled by that contracting authority; and (c) there is no direct private capital participation in the controlled legal person with the exception
noncontrolling and non-blocking forms
private capital participation required by national legislative provisions, in conformity with the Treaties, which do not exert a decisive influence on the controlled legal person. Provided that a contracting authority shall be deemed to exercise over a legal person a control similar to that which it e x e r c i s e s o v e r i t s o w n d e p a rt m e n t s w i t h i n t h e m e a n i n g o f paragraph (a) where it exercises a decisive influence over both strategic objectives and significant decisions
the controlled legal person. Such control may also be exercised by another legal person, which is itself controlled in the same way by the contracting authority.
sub-regulation
noncontrolling and non-blocking forms
private capital participation required by national legislative provisions, in conformity with the Treaties, which do not exert a decisive influence on the controlled legal person.
sub-regulation
the following conditions are fulfilled: (
the activities
that legal person are carried out in the performance
tasks entrusted to it by the controlling contracting authorities or by other legal persons controlled by the same contracting PUBLIC PROCUREMENT [ S.L.601.03 authorities; and (c) there is no direct private capital participation in the controlled legal person with the exception
noncontrolling and non-blocking forms
private capital participation required by national legislative provisions, in conformity with the Treaties, which do not exert a decisive influence on the controlled legal person.
sub-regulation
the following conditions are fulfilled: (a) the decision-making bodies
the controlled legal person are composed
representatives
all participating contracting authorities. Individual representatives may represent several or all
the participating contracting authorities; (b) those contracting authorities are able to jointly exert decisive influence over the strategic objectives and significant decisions
the controlled legal person; and (c) the controlled legal person does not pursue any interests which are contrary to those
the controlling contracting authorities.
these regulations where all
the following conditions are fulfilled: (a) the contract establishes or implements a cooperation between the participating contracting authorities with the aim
ensuring that public services they have to perform are provided with a view to achieving objectives they have in common; (b) the implementation
that cooperation is governed solely by considerations relating to the public interest; and (c) the participating contracting authorities perform on the open market less than 20%
the activities concerned by the cooperation.
the percentage
activities referred to in sub-regulations
the date on which the relevant legal person or contracting authority was created or commenced activities or because
a reorganisation
its activities, the turnover, or alternative activity based measure such as costs, are either not available for the preceding three years or no longer relevant, it shall be sufficient to show that the measurement
17 18 [ S.L.601.03 PUBLIC PROCUREMENT activity is credible, particularly by means
business projections. Administration
the process. Amended by: L.N. 26
2018; L.N. 196
2020; L.N. 56
2021; L.N. 26
2022; L.N. 361
2024. 9.
the other provisions
these regulations, the procurement process
public contracts: Amended by: L.N. 26
2018. (a) the estimated value
which is less than one hundred forty three thousand euro (€143,000), shall be issued, administered and determined by the contracting authorities on their own without the need to involve the Director; Amended by: L.N. 26
2018. (b) the estimated value
which equals or exceeds the threshold
one hundred forty three thousand euro (€143,000) shall be issued, administered and determined by the Director on behalf
the contracting authority; (c) that have been published by the Sectorial Procurement Directorate in the name
the contracting authority listed under Schedule 16, where the estimated value
such procurement exceeds ten thousand euro (€10,000) but does not exceed seven hundred and fifty thousand euro (€750,000) have to be published, administered and determined by the Sectorial Procurement Directorate on its own without the need to involve the Director.
appeal.
ficial Journal
the European Union. Director
Contracts. Liability. The
fice
the Director
Contracts 10. There shall be a Director
Contracts who shall be responsible for the management
the Department
Contracts and generally for the regulation and administration
the procurement procedures as laid down in these regulations. 11. In the exercise
his functions, the Director and his immediate family shall not be held personally liable for any act or omission done in good faith. For the purpose
this regulation, ''immediate family'' shall mean the spouse and children
the Director. PUBLIC PROCUREMENT [ S.L.601.03 12.
the Director to carry out the following functions: (a) to monitor procurement activities with the aim
ensuring adherence to these regulations and to ensure that the results
these monitoring activities are made available to the public through appropriate means
information; (b) to establish and regulate the procedure to be followed during meetings
the General Contracts Committee, the Special Contracts Committee, the Departmental Contracts Committee and the Evaluation Committee, and during the issue and publication
calls for tenders, receipt
fers, opening
bids, evaluation
tenders and award
contracts in accordance with the rules herein set out; (c) to obtain information from all the contracting authorities on the award and performance
contracts as he may deem necessary in order to enable him to ensure conformity with these regulations; (d) to provide information and guidance on the interpretation and application
these regulations, to assist contracting authorities and economic operators, in particular SMEs, in correctly applying these regulations; (
the applicable national rules on access to documents and data protection: Provided that the Director shall be obliged to keep these contracts at least for the duration
the same; (g) to afford effective co-operation to other member states leading to the exchange
information which the Director has gathered in the execution
his duties as long as such information is exchanged in observance with Maltese legislation regulating such exchange
information; (h) to make available to other Member States, upon request, any information related to the evidence and documents submitted in accordance with regulations 53
persons who have been blacklisted; and (j) to make available to a Member State, when such is 19 Functions
the Director. Amended by: L.N. 56
2021. 20 [ S.L.601.03 PUBLIC PROCUREMENT requested, any information mentioned in Parts VI and VII.
information, specific violations or systematic problems, they shall be empowered to report this matter to the appropriate authority.
a contracting authority with an estimated value which falls under regulation 9
the Director: (a) to establish and approve the general conditions
the procurement documents; (
a procurement procedure; (d) to order that a procurement period
any call for
fers referred to in these regulations be extended if he considers such an extension justified by the circumstances
the case; (
contracts if he considers that circumstances so warrant in the public interest and specific provision for such extensions is made in the procurement document; (h) to identify and implement appropriate means to enable him to monitor the proper execution
contracts; (i) to make regulations to award contracts in the name and on behalf
contracting authorities listed in Schedule 2, including the case
an association
authorities
which such contracting authority is a member; (j) to establish the procedure affecting the award
contracts governed by procedures deviating from these PUBLIC PROCUREMENT [ S.L.601.03 21 regulations as long as these procedures shall be published by a notice in the Gazette; (k) to publish in the Gazette a notice
all awards
contracts including variations outside the limit
the tender conditions, within six months
their award; (l) to award tenders and sign contracts in the name and on behalf
contracting authorities as provided for in these regulations; (m) to take appropriate measures to ensure that in the performance
public contracts economic operators comply with applicable obligations in the fields
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; and (n) to make and transmit to the Minister a report, by not later than six months after the end
each financial year, on the performance
the General Contracts Committee, and
the Special Contracts Committee during the financial year being reported upon, which report shall, in particular, provide details regarding the results
the monitoring activities: Provided that, following the transmission
the report to the Minister, the Director shall ensure that the report is made public.
a contract 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 Review Board has lapsed, if it is found that such a contract has been awarded either in breach
these regulations or the award has been made in such a way as to discriminate between economic operators. Cancellation
a procurement procedure. Amended by: L.N.233
2017; L.N. 56
2021.
the validity period
the submitted bids. (
the Director, the decision
the Director may be referred to the Minister for his approval. (d) In the case
call for tenders administered by the 22 [ S.L.601.03 PUBLIC PROCUREMENT Sectoral Procurement Directorate, the Director Sectoral Procurement, shall have the right to exercise the same rights
the Director, as established under this subregulation, with the exception that instead
consulting with the General Contracts Committee or the Special Contracts Committee he shall consult with the Departmental Contracts Committee responsible for the contracting authority on whose behalf the Sectoral Procurement Directorate is administering the call. (e) If the Departmental Contracts Committee does not agree with the recommendations
the Sectoral Procurement Directorate, the decision
the latter can be referred to the Minister responsible for that Departmental Contracts Committee so that he can give a final decision.
a procurement procedure has to be made in writing and must include the findings and the reasoning that led to this decision.
this decision must be notified to each economic operator who participated in that particular call, who will have the right 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.
the review board can be appealed before the Court
Appeal as provided in these regulations. Duties
a contracting authority. Amended by: L.N.155
2017; L.N. 56
2021. The Contracting Authority 16.
all contracting authorities: (
such a procurement falls under the threshold established in regulation 9
public procurement shall be made using the PUBLIC PROCUREMENT [ S.L.601.03 Common Procurement Vocabulary; (
the procurement process; (g) to take appropriate measures to effectively prevent, identify and remedy conflicts
interest arising in the conduct
procurement procedures so as to avoid any distortion
competition and to ensure equal treatment
all economic operators; (h) to indicate in their procurement documents that the award
the contract is subject to the review procedure as set forth in these regulations and to include an extract
the relevant part
the appeals process in the said documents for the guidance
economic operators; (i) to administer and implement all contracts awarded after the procurement and to defend in front
a board or tribunal any dispute that might arise in the execution
the contract; (j) to effect all payments resulting from the execution
the contract; (k) to take appropriate measures to ensure that during the execution
a contract, economic operators comply with the applicable obligations in the fields
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; (l) to forward a copy
the contracts identified in regulation 12
fers submitted by economic operators for quotations which have an estimated value exceeding five thousand euro (€5000) but not exceeding ten thousand euro (€10,000). Appointment
an Evaluation Committee. Amended by: L.N. 56
2021. 17.
fers submitted by the economic operator and make recommendations through the evaluation report and communicate the report as follows: (a) if the estimated value
the tender falls under the threshold established under regulation 9
regulation 113; (b) if the estimated value
the tender falls under the threshold established under regulation 9
regulation 241.
an authority listed under Schedule
other entities. Penalties. Amended by: L.N. 56
2021. 20.
the Director.
the Permanent Secretary responsible for it instead
that
the Director.
the penalty, however for the integrity
the judgment it is sufficient that the dispute is addressed against the contracting authority. PUBLIC PROCUREMENT [ S.L.601.03 Centralised Purchasing Bodies and Joint Procurement 21.
central purchasing bodies to periodically notify Heads
Departments
the prices and conditions applicable for, and the procedure to be followed in, the procurement
such equipment, stores, works or services. 22.
fering the centralised purchasing activity referred to in paragraph (b)
the definition "centralised purchasing activities" under regulation 2. Where a dynamic purchasing system which is operated by a central purchasing body may be used by other contracting authorities, this shall be mentioned in the call for competition setting up that dynamic purchasing system. 23.
fering the centralised purchasing activity as defined in paragraph (b)
the definition "centralised purchasing activities";
sub-regulation
the parts it conducts itself, such as: (
competition under a framework agreement that has been concluded by a central purchasing body; (c) pursuant to paragraphs (a) or (b)
regulation 173
the economic operators, party to the framework agreement, shall perform a given task under a framework agreement that has been concluded by a central purchasing body.
communication, in accordance with the requirements set out in regulation 48.
centralised purchasing activities to a central purchasing body.
an cil lary p urchasi ng activities. Occasional joint procurement. 24.
the Director and subject to the conditions the latter may impose, two or more contracting authorities may agree to perform certain specific procurements jointly.
the joint procurement falls under the threshold established under regulation 9
a procurement procedure in its entirety is carried out jointly in the name and on behalf
all the contracting authorities concerned, they shall be jointly responsible for fulfilling their obligations pursuant to these regulations or Directive 2014/24/EU
the European Parliament and
the Council
26 February 2014 on public procurement as the case may be. This applies also in cases where one contracting authority manages the procedure, acting on its own behalf and on the behalf
the other contracting authorities concerned.
a procurement procedure is not in its entirety carried out in the name and on behalf
the contracting authorities concerned, they shall be jointly responsible only for those parts carried out jointly. Each contracting authority shall have sole responsibility for fulfilling its obligations pursuant to these regulations or Directive 2014/24/EU
the European Parliament and
the Council
26 February 2014 on public procurement as the case may be in respect
the parts it conducts in its own name and on its own behalf. Procurement involving contracting authorities from different Member States. 25.
the Director and subject to the conditions the latter may impose, participate in procurement procedures involving contracting authorities from different Member States.
the joint procurement falls under the threshold established under regulation 9
this regulation shall be subject to what is established under regulation 8. PUBLIC PROCUREMENT [ S.L.601.03
centralised purchasing activities
fered by central purchasing bodies located in another Member State: Provided that contracting authorities shall not use the means provided in this regulation for the purpose
avoiding the application
mandatory public law provisions in conformity with Union law to which they are subject.
centralised purchasing activities by a central purchasing body located in another Member State shall be conducted in accordance with the national provisions
the Member State where the central purchasing body is located.
the Member State where the central purchasing body is located shall also apply to the following: (a) the award
a contract under a dynamic purchasing system; (b) the conduct
a reopening
competition under a framework agreement; (
regulation 173
which
the economic operators, party to the framework agreement, shall perform a given task.
the parties and the relevant applicable national provisions; (b) the internal organisation
the procurement procedure, including the management
the procedure, the distribution
the works, supplies or services to be procured, and the conclusion
contracts.
their respective national laws. 27 28 [ S.L.601.03 PUBLIC PROCUREMENT
responsibilities and the applicable national law shall be referred to in the procurement documents for jointly awarded public contracts.
territorial cooperation under Regulation (EC) No 1082/2006
the European Parliament and
the Council
5 July 2006 on a European grouping
territorial cooperation or other entities established under Union law, the participating contracting authorities shall, by a decision
the competent body
the joint entity, agree on the applicable national procurement rules
one
the following Member States: (a) the national provisions
the Member State where the joint entity has its registered
fice; (b) the national provisions
the Member State where the joint entity is carrying out its activities.
the joint entity, or may be limited to a certain period
time, certain types
contracts or to one or more individual contract awards.
this Part, contracting authorities listed under Schedule 3 do not require the prior approval
the Director but the written consent by the head
that same contracting authority shall suffice. Mixed procurement. Mixed Procurement 26.
procurement, whether works, services or supplies, all
which are covered by these regulations, shall be awarded in accordance with the provisions applicable to the type
procurement that characterises the main subject
the contract in question.
mixed contracts which have as their subjectmatter different types
procurement, all
which are covered by these regulations, consisting partly
services within the meaning
regulation 162 and partly
other services or
mixed contracts consisting partly
services and partly
supplies, the main subject shall be determined in accordance with which
the estimated values
the respective services or supplies is the highest.
mixed contracts which have as their subjectmatter procurement covered by these regulations and procurement covered by other legal regimes and where the different parts
a given contract are objectively separable the following shall apply: (a) contracting authorities may choose to award separate contracts for the separate parts or to award a single contract. Where contracting authorities choose to award separate contracts for separate parts, the decision as to which legal regime applies to any one
PUBLIC PROCUREMENT [ S.L.601.03 29 such separate contracts shall be taken on the basis
the characteristics
the separate part concerned; (b) where contracting authorities choose to award a single contract, these regulations shall, unless otherwise provided in regulation 27, apply to the ensuing mixed contract, irrespective
the value
the parts that would otherwise fall under a different legal regime and irrespective
which legal regime those parts would otherwise have been subject to; (c) in the case
mixed contracts containing elements
supply, works and service contracts and
concessions, the mixed contract shall be awarded in accordance with these regulations, provided that the estimated value
the part
the contract which constitutes a contract covered by these regulations calculated in accordance with regulations 28, 29, 30, 31 and 32, is equal to or greater than the relevant threshold set out in Schedule 5.
contracts which have as their subject-matter both procurement covered by these regulations and procurement for the pursuit
an activity which is subject to the Public Procurement
Entities operating in the Water, Energy, Transport and Postal Services Sectors Regul ations, th e applicable rules shal l be determined by regulations 5 and 6
the Public Procurement
Entities operating in the Water, Energy, Transport and Postal Services Sectors Regulations, and this notwithstanding the provisions
sub-regulation
this regulation. S.L. 601.05
a given contract are objectively not separable, the applicable legal regime shall be determined on the basis
the main subject-matter
that contract. 27.
mixed contracts which have, as their subject matter, procurement covered by these regulations as well as procurement covered by Article 346
the TFEU or the Public Procurement
Contracting Authorities or Entities in the fields
Defence and Security Regulations.
a given public contract are objectively separable, contracting authorities may choose to award separate contracts for the separate parts or to award a single contract.
which legal regime applies to any one
such separate contracts shall be taken on the basis
the characteristics
the separate part concerned.
a given contract is covered by Article 346
the TFEU, the contract may be awarded without applying these regulations, provided that the award
a single contract is justified for objective reasons; Mixed procurement involving defence or security aspects. S.L. 601.07 30 [ S.L.601.03 S.L. 601.07 S.L. 601.07 S.L. 601.07 S.L. 601.07 Regulation for the calculation
the estimated value
procurement. PUBLIC PROCUREMENT (b) where part
a given contract is covered by the Public Procurement
Contracting Authorities or Entities in the fields
Defence and Security Regulations, the contract may be awarded in accordance with those regulations, provided that the award
a single contract is justified for objective reasons: Provided that this paragraph shall be without prejudice to the thresholds and exclusions provided for in the Public Procurement
Contracting Authorities or Entities in the fields
Defence and Security Regulations.
excluding contracts from the application
either these regulations or the Public Procurement
Contracting Authorities or Entities in the fields
Defence and Security Regulations.
sub-regulation
subregulation
a given contract are objectively not separable, the contract may be awarded without applying these regulations where it includes elements to which Article 346
the TFEU applies; otherwise it may be awarded in accordance with the Public Procurement
Contracting Authorities or Entities in the fields
Defence and Security Regulations. The Contract Value 28.
the estimated value
a procurement procedure shall be based on the total amount payable, net
VAT, as estimated by the contracting authority, including any form
option and any renewals
the contracts as explicitly set out in the procurement documents.
the procurement.
separate operational units, account shall be taken
the total estimated value for all the individual operational units.
sub-regulations
the unit in question.
the method used to calculate the estimated value
a procurement procedure shall not be made with the intention
excluding it from the scope
these regulations. A procurement procedure shall not be subdivided with the effect
preventing it from falling within the scope
these regulations, unless justified by objective reasons.
VAT
all the contracts envisaged for the total term
the framework agreement or the dynamic purchasing system. Value
framework agreements. 30. In the case
innovation partnerships, the value to be taken into consideration shall be the maximum estimated value net
VAT
the research and development activities to take place during all stages
the envisaged partnership as well as
the supplies, services or works to be developed and procured at the end
the envisaged partnership. Value
innovation partnerships. 31.
the estimated value shall take account
both the cost
the works and the total estimated value
the supplies and services that are made available to the contractor by the contracting authority provided that they are necessary for executing the works. Value
public works.
services may result in contracts being awarded in the form
separate lots, account shall be taken
the total estimated value
all such lots.
the lots established in sub-regulation
each lot.
similar supplies may result in contracts being awarded in the form
separate lots, account shall be taken
the total estimated value
all such lots when applying points (b) and (c)
Schedule 5.
the lots established in subregulation
each lot.
sub-regulations
VAT
the lot concerned is less than eighty thousand euro (€80,000) for supplies or services or one million euro (€1,000,000) for works. However, the aggregate value
the lots thus awarded without applying these regulations shall not exceed 20%
the aggregate value
all the lots into which the proposed work, the proposed acquisition
similar supplies or the proposed provision
services has been divided. 32.
public supply or service contracts which are regular in nature or which are intended to be renewed within a Value
public supply or service contracts. 32 [ S.L.601.03 PUBLIC PROCUREMENT given period, the calculation
the estimated contract value shall be based on the following: (a) either the total actual value
the successive contracts
the same type awarded during the preceding twelve months or financial year adjusted, where possible, to take account
the changes in quantity or value which would occur in the course
the twelve months following the initial contract; or (b) the total estimated value
the successive contracts awarded during the twelve months following the first delivery, or during the financial year where that is longer than twelve months.
products, the value to be taken as a basis for calculating the estimated contract value shall be as follows: (a) in the case
fixed-term public contracts, where that term is less than or equal to twelve months, the total estimated value for the term
the contract or, where the term
the contract is greater than twelve months, the total value including the estimated residual value; (b) in the case
public contracts without a fixed term or the term
which cannot be defined, the monthly value multiplied by 48.
remuneration; (b) banking and other financial services: the fees, commissions payable, interest and other forms
remuneration; (c) design contracts: fees, commissions payable and other forms
remuneration.
fixed-term contracts, where that term is less than or equal to forty-eight months: the total value for their full term; (b) in the case
contracts without a fixed term or with a term greater than forty-eight months: the monthly value multiplied by 48. Division
contracts into lots. Contracts into Lots 33. Contracting authorities may decide to award a contract in the form
separate lots and may determine the size and subjectmatter
such lots. PUBLIC PROCUREMENT [ S.L.601.03 33 34. Where a tender has an estimated value which falls under regulation 9
the main reasons for their decision not to subdivide into lots, which shall be included in the procurement documents or the individual report referred to in regulation
the lots. Disclosure. 36. Contracting authorities may, even where tenders may be submitted for several or all lots, limit the number
lots that may be awarded to one tenderer, provided that the maximum number
lots per tenderer is stated in the contract notice or in the invitation to confirm interest. Contracting authorities shall indicate in the procurement documents the objective and non-discriminatory criteria or rules they intend to apply for determining which lots will be awarded where the application
the award criteria would result in one tenderer being awarded more lots than the maximum number. Limitation
lots. 37. Where one or more lots may be awarded to the same tenderer, contracting authorities may award contracts combining several or all lots where they have specified in the contract notice or in the invitation to confirm interest that they reserve the possibility
doing so and indicate the lots or groups
lots that may be combined. Combination
lots. Principles Underlying the Procurement Process 38.
the process. Clarity
the procurement documents.
tenders.
an accelerated procedure as referred to in regulation 116
the procurement document. 39.
the procurement shall not be made with the intention
excluding it from the scope
these regulations or
artificially narrowing competition. Competition shall be considered to be artificially narrowed where the design
the procurement is made with the intention
unduly favouring or disadvantaging certain economic operators.
the signatories to those agreements treatment no less favourable than the treatment accorded to the works, supplies, services and economic operators
the Union. Confidentiality. Amended by: L.N. 56
2021. 40.
tenders.
these regulations, the following information shall not be considered as confidential: (a) the name
the bidders and the individual names
the members
a group
economic operators who submitted a particular tender; (b) the name
the sub-contractors; (
information which the contracting authorities make available throughout the procurement procedure. Prior information notices. Publication 41. The authority responsible for the tendering process may make known its intentions
planned procurements through the publication
a prior information notice. These notices shall contain the information set out in Schedule 9 part B section I. They shall be published either by the Publications
fice
the European Union or by the contracting authorities on their buyer profiles in accordance with paragraph 2(b)
Schedule 11. Where the prior information notice is published by the authority responsible for the tendering process on its buyer profile, it shall send a notice
the PUBLIC PROCUREMENT [ S.L.601.03 35 publication on their buyer profile to the Publications
fice
the European Union in accordance with Schedule 11. These notices shall contain the information set out in Schedule 9 part A. 42.
calling for competition in respect
all procedures, without prejudice to the provisions
regulation 150. Contract notices.
a contract or
a framework agreement, following the decision to award or conclude it, the authority responsible for the tendering process shall send a contract award notice on the results
the procurement procedure. Contract award notices.
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
the results
the procurement procedure for each contract based on that agreement: Provided that the authority responsible for the tendering process shall group notices
the results
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
the end
each quarter.
each contract based on a dynamic purchasing system. It may, however, group such notices on a quarterly basis. In that case, it shall send the grouped notices within thirty days
the end
each quarter.
the framework agreement may be withheld from publication where its release would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests
a particular economic operator, public or private, or might prejudice fair competition between economic operators. 44.
standard forms, including standard forms for corrigenda.
fice
the European Union and published in accordance with Schedule 10.
publication
notices. 36 [ S.L.601.03 PUBLIC PROCUREMENT able to supply proof
the dates on which notices are dispatched.
the receipt
the notice and the publication
the information sent by the Publications
fice
the European Union shall constitute proof
publication. Publication at national level. 45.
the government’s e-procurement platform it shall advertise the tender on the Gazette.
the publication within forty-eight hours after confirmation
the receipt
the notice in accordance with regulation 44.
fice
the European Union or published on a buyer profile, but shall indicate the date
dispatch
the notice to the Publications
fice
the European Union or its publication on the buyer profile.
fice
the European Union
the notice
their publication in that form. They shall indicate the date
that dispatch. Contest notice. 46.
a contest notice.
the results
the contest in accordance with regulation 44 and shall be able to prove the date
dispatch.
information on the outcome
the contest would impede law enforcement, would be contrary to the public interest or would prejudice the legitimate commercial interests
a particular enterprise, whether public or private, or might prejudice fair competition between service providers, such information may be withheld from publication.
the standard forms. Preliminary Market Consultations 47.
their procurement plans and requirements. Preliminary market consultations.
the procurement procedure, provided that such advice does not have the effect
distorting competition and does not result in a violation
the principles
non-discrimination and transparency. Communications 48.
communication in accordance with the requirements
this regulation.
sub-regulations
communication in the submission process in the following situations: (a) due to the specialised nature
the procurement, the use
electronic means
communication would require specific tools, devices or file formats that are not generally available or supported by generally available applications; (b) the applications supporting file formats that are suitable for the description
the tenders use file formats that cannot be handled by any other open or generally available applications or are under a proprietary licensing scheme and cannot be made available for downloading or remote use by the contracting authority; (c) the use
electronic means
communication would require specialised
fice equipment that is not generally available to contracting authorities; (d) the procurement documents require the submission
physical or scale models which cannot be transmitted using electronic means.
communications for which electronic means
communication are not used pursuant to sub-regulation
post or other suitable carrier and electronic means.
communication in the submission process to the extent that the use
means
communication other than electronic means is necessary either b e c a u s e o f a b r e a c h o f se c u ri t y o f t he e l e c t r o n ic m e a n s o f communications or for the protection
the particularly sensitive nature
information requiring such a high level
protection that it cannot be properly ensured by using electronic tools and devices that are either generally available to economic operators or can be made available to them by alternative means
access within the meaning
sub-regulations
the authority responsible for the tendering process requiring, in accordance with sub-regulation
communication other than electronic means in the submission process to indicate in the individual report referred to in regulations 29 or 241, as the case may be, the reasons for this requirement. Where applicable, the authority responsible for the tendering process shall indicate in the individual report the reasons why use
means
communication other than electronic means has been considered necessary in application
sub-regulation
communications other than those concerning the essential elements
a procurement procedure, provided that the content
the oral communication is documented to a sufficient degree. For this purpose, the essential elements
a procurement procedure include the procurement documents, requests for participation, c o n f i r m a t i o n s o f i n t e r e s t a n d t e n d e r s . I n p a r t i c u l a r, o r a l communications with tenderers which could have a substantial impact on the content and assessment
the tenders shall be documented to a sufficient extent and by appropriate means, such as written or audio records or summaries
the main elements
the communication.
information, the authority responsible for the tendering process shall ensure that the integrity
data and the confidentiality
tenders and requests to participate are preserved. It shall examine the content
tenders and requests to participate only after the time limit set for submitting them has expired.
specific electronic tools, such as
building information electronic modelling tools or similar. In such cases the authority responsible for the tendering process shall
fer alternative means
access, as provided for in sub-regulations
subregulation
tools and devices which are not generally available, provided that the authority responsible for the [ S.L.601.03 PUBLIC PROCUREMENT tendering process
fers alternative means
access.
fer suitable alternative means
access in any
the following situations, where they: (a)
fer unrestricted and full direct access free
charge by electronic means to those tools and devices from the date
publication
the notice in accordance with Schedule 11 or from the date when the invitation to confirm interest is sent. The text
the notice or the invitation to confirm interest shall specify the internet address at which those tools and devices are accessible; (b) ensure that tenderers having no access to the tools and devices concerned, or no possibility
obtaining them within the relevant time limits, provided that the lack
access is not attributable to the tenderer concerned, may access the procurement procedure through the use
provisional tokens made available free
charge online; or (c) support an alternative submission
tenders. channel for electronic
tenders and for the electronic receipt
requests to participate: (a) information on specifications for the electronic submission
tenders and requests to participate, including encryption and time-stamping, shall be available to interested parties; (b) the authority responsible for the tendering process shall specify the level
security required for the electronic means
communication in the various stages
the specific procurement procedure; that level shall be proportionate to the risks attached: Provided that the requirement established under this paragraph shall be deemed to be satisfied when electronic means
communications are carried out through government’s e-procurement platform; (c) where the authority responsible for the tendering process acting within an overall framework concludes that the level
risks, assessed under paragraph (b), is such that advanced electronic signatures as defined by Directive 1999/93/EC
the European Parliament and
the Council are required, contracting authorities shall accept advanced electronic signatures supported by a qualified certificate, taking into account whether those certificates are provided by a certificate services provider, which is on a trusted list provided for in Commission Decision 2009/767/EC, created with or without a secure signature creation device, subject to compliance with the following conditions: 39 40 [ S.L.601.03 PUBLIC PROCUREMENT (i) the authority responsible for the tendering process shall establish the required advanced signature format on the basis
formats established in Commission Decision 2011/130/ EU and shall put in place necessary measures to be able to process these formats technically; in case a different format
electronic signature is used, the electronic signature or the electronic document carrier shall include information on existing validation possibilities. The validation possibilities shall allow the authority responsible for the tendering process to validate online, free
charge and in a way that is understandable for non-native speakers, the received electronic signature as an advanced electronic signature supported by a qualified certificate; (ii) where a tender is signed with the support
a qualified certificate that is included on a trusted list, the authority responsible for the tendering process shall not apply additional requirements that may hinder the use
those signatures by tenderers.
documents used in the context
a procurement procedure that are signed by a competent authority or by another issuing entity, the competent issuing authority or entity may establish the required advanced signature format in accordance with the requirements set out in Article 1
Decision 2011/130/ EU.
sub-regulation
processing the signature in the d o c u m e n t c o n c e r n ed . S u c h d o c u m e n t s s h a l l c o n t a i n i n t h e electronic signature or in the electronic document carrier information on existing validation possibilities that allow the validation
the received electronic signature online, free
charge and in a way that is understandable for non-native speakers.
this Part, contracting authorities listed under Schedule 3 do not require the prior approval
the Director but shall suffice the written consent by the head
that same contracting authority. Electronic availability
procurement documents. 49.
fer unrestricted and full direct access free
charge to the procurement documents from the date
publication
a notice in accordance with regulation 44 or the date on which an invitation to confirm interest is sent. The text
the notice or the invitation to confirm interest shall specify the internet address at which the procurement documents are accessible. PUBLIC PROCUREMENT [ S.L.601.03
charge by electronic means to certain procurement documents cannot be
fered for one
the reasons stipulated in regulation 48
tenders shall be prolonged by five days, except in the cases
duly substantiated urgency referred to in regulations 116
charge by electronic means to certain procurement documents cannot be
fered because the authority responsible for the tendering process intends to apply the provisions
regulation 40
the information it requires and how access can be obtained to the documents concerned: Provided that in such a case the time limit for the submission
tenders shall be prolonged by five days, except in the cases
duly substantiated urgency referred to in regulations 116
a competitive dialogue, to take part in the dialogue. Invitations to candidates.
unrestricted and full direct access, free
charge, for the reasons set out in regulation 49
electronic means
communication is required, the authority responsible for the tendering process may require tenders to be presented in the format
an electronic catalogue or to include an electronic catalogue.
an electronic catalogue may be accompanied by other documents, completing the tender.
tenders in the form
electronic catalogues is accepted or required, the authority responsible for the tendering process shall: (
t e n de r s i n t he f o r m o f e l e c t r o ni c c a t a l o g ue s , t h e a u t ho r i t y resp onsibl e for th e tendering pro cess m ay provi de that the reopening
competition for specific contracts takes place on the basis
updated catalogues. In such a case, the authority responsible for the tendering process shall use one
the following methods: (a) invite tenderers to resubmit their electronic catalogues, adapted to the requirements
the contract in question; or (b) notify tenderers that they intend to collect from the electronic catalogues which have already been submitted the information needed to constitute tenders adapted to the requirements
the contract in question; provided that the use
that method has been announced in the procurement documents for the framework agreement.
the date and time at which they intend to collect the information needed to constitute tenders adapted to the requirements
the specific contract in question and shall give tenderers the possibility to refuse such collection
information.
information.
fers for a specific contract are to be presented in the format
an electronic catalogue. PUBLIC PROCUREMENT [ S.L.601.03 43
sub-regulation
the contracting authority’s intention to constitute tenders by means
the procedure set out in sub-regulation
tenders and requests to participate, authorities responsible for the tendering process shall take account
the complexity
the contract and the time required for the drawing up
procurement documents, without prejudice to the minimum time limits set out in regulations 116, 121, 122, 125, 142 and 132. Setting time limits.
the documents supporting the procurement documents, the time limits for the receipt
tenders shall be longer than the minimum time limits set out in regulations 116, 121, 122, 125, 142 and 132, and shall be fixed so that all economic operators concerned may be aware
all the information needed to produce tenders.
tenders so that all economic operators concerned may be aware
all the information needed to produce tenders in the following cases: (a) where, for whatever reason, additional information, although requested by the economic operator in good time, is not supplied at the latest six days before the time limit fixed for the receipt
tenders. In the event
an accelerated procedure as referred to in regulations 116
the extension shall be proportionate to the importance
the information or change.
tenders shall be disqualified from the process. 53.
a works, service or supply.
production or provision
the requested works, supplies or services or to a specific process for another stage
its life cycle, even where such factors do not form part
their material substance, so long they are linked to the subject-matter
the contract and are proportionate to its value and its objectives.
intellectual property rights will be required.
the Union, technical specifications shall, as far as accessibility criteria for persons with disabilities or design for all users are concerned, be defined by reference thereto.
economic operators to the procurement procedure and shall not have the effect
creating unjustified obstacles to the opening up
public procurement to competition.
the following ways: (a) in terms
performance or functional requirements, including environmental characteristics, provided that the parameters are sufficiently precise to allow tenderers to determine the subject-matter
the contract and to allow contracting authorities to award the contract; (b) by reference to technical specifications and, in order
preference, to national standards transposing European standards, European Technical Assessments, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies or - when any
those do not exist - national standards, national technical approvals or national technical specifications relating to the design, calculation and execution
the works and use
the supplies; each reference shall be accompanied by the words ‘or equivalent’; (c) in terms
performance or functional requirements as referred to in paragraph (a), with reference to the technical specifications referred to paragraph (b) as a means
presuming conformity with such performance or functional requirements; (
the contract, technical specifications shall not refer to a specific make or source, or a particular process which characterises the products or services provided by a specific economic operator, or to trade marks, patents, types or a specific origin or production with the effect
favouring or eliminating certain undertakings or certain products. Such reference shall be permitted on an exceptional basis, where a sufficiently precise and intelligible description
the subjectmatter
the contract pursuant to sub-regulation
referring to the technical specifications referred to in sub-regulation 7(b), it shall not reject a tender on the grounds that the works, supplies or services tendered for do not comply with the technical specifications to which it has referred, once the tenderer proves in its tender by any appropriate means, including the means
proof referred to in regulation 232, that the solutions proposed satisfy in an equivalent manner the requirements defined by the technical specifications.
performance or functional requirements, it shall not reject a tender for works, supplies or services which comply with a national standard transposing a European standard, a European technical approval, a common technical specification, an international standard or a technical reference system established by a European standardisation body, where those specifications address the performance or functional requirements which it has laid down.
proof that the works, services or supplies correspond to the required characteristics, provided that all
the following conditions are fulfilled: (a) the label requirements only concern criteria which are linked to the subject-matter
the contract and are appropriate to define characteristics
the works, supplies or services that are the subject-matter
the contract; (
the label requirements, they shall indicate which label requirements are referred to.
proof, which may include a technical dossier from the manufacturer, provided that the economic operator concerned proves that the works, supplies or services to be provided by it fulfil the requirem ent s
the specific label or the sp ecific requirements indicated by the contracting authority.
the contract, contracting authorities shall not require the label as such but may define the technical specification by reference to those
the detailed specifications
that label, or, where necessary, parts thereof, that are linked to the subject-matter
the contract and are appropriate to define characteristics
this subject-matter. Test reports, certification and other means
proof. 55.
proof
conformity with requirements or criteria set out in the technical specifications, the award criteria or the contract performance conditions.
certificates drawn up by a specific conformity assessment body, certificates from equivalent other conformity assessment bodies shall also be accepted by the contracting authorities.
proof other than those referre
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.