L.S. 601.08 Regolamenti dwar l-Akkwisti b’Emerġenza

[ S.L.601.08 EMERGENCY PROCUREMENT SUBSIDIARY LEGISLATION 601.08 EMERGENCY PROCUREMENT REGULATIONS 28th October, 2016 LEGAL NOTICE 350 of

2. The title of these regulations is the Emergency Procurement Regulations.
3. In these regulations, unless the context otherwise requires: Citation. Interpretation. "Adjudication Board" shall mean the board or committee appointed by the contracting authority for the purpose of evaluating offers received by the contracting authority and for making definitive recommendations for the award following a competitive call under these regulations; "bidder" shall mean the registered economic operator that p r e s e n t s a n o ff e r t o t h e c o n t r a c t i n g a u t h o r i t y f o l l o w i n g a competitive call; "contracting authority" shall mean one of the government entities specified in the Schedule; "economic operator" shall mean any natural or legal person or public entity or group of such persons and, or entities, including any temporary association of undertakings and shall cover equally the concepts of contractor, supplier and service provider; "electronic platform" shall mean a platform administered by the contracting authority by which the registered contractors shall p r e s e n t t h e i r o ff e r s f o l l o w i n g a c o m p e t i t i v e c a l l i s s u e d i n accordance to these regulations or the government’s e-procurement platform; "emergency procurement" shall mean the procurement of supplies, services or works, which becomes necessary either due to an unforeseen surge in the use of supplies resulting in a month stock level, or which are otherwise necessary due to issues of national health, security or strategic importance; "Minister" shall mean the Minister responsible for Finance; "modification” shall mean any change, variation or amendment to the original terms of the contract including but not limited to the introduction of new conditions and to the removal or replacement of existing conditions; "registered contractor" shall mean any economical operator that registers its interest with the contracting authority as indicated in these regulations.
4. The scope of these regulations is to regulate emergency procurement procedures. Scope.
5. The Minister shall determine which contracting authorities shall be included under the Schedule. Contracting authorities. 1 2 [ S.L.601.08 EMERGENCY PROCUREMENT Estimated value of competitive call.
6. A competitive call provided for in these regulations shall have an estimated value which is less than one hundred and thirty five thousand euro (€135,000) excl. VAT. Acquisition of the status of interested economic operator.
7. Any economic operator may acquire the status of interested economic operator by applying with the contracting authority, submitting the details of their company and relevant registration documents in line with the applicable laws, through the electronic p l a t f o rm se t up by t he c o nt r a c t in g a u th o r it y or t hr o u gh t he government’s e-procurement platform. Publication of competitive call.
8. The contracting authority shall publish every competitive call through an electronic platform and shall alert every registered economic operator. If not published though the government’s eprocurement platform, a notice of each publication will be issued in the Gazette prior to the date of submission of the call. Time for receipt of offers.
9. A competitive public call published in accordance with these regulations shall have a minimum time limit for receipt of offers of four days from the date of publication. When issuing a competitive call under these regulations the contracting authority shall refer to this regulation in the published document. Submission of offers.
10. The registered economic operators shall submit their offers following the publication of a competitive call by means of the electronic platform as set up by the contracting authority or through the government’s e-procurement platform. Appointment of Adjudication Board.
11. An Adjudication Board shall be appointed by the contracting authority to evaluate offers submitted. The Adjudication Board shall be composed of not less than three members namely a Chairperson, a Secretary and a Member, all having voting rights. Prohibition of modification to a contact.
12. Any modification to a contract awarded under these regulations shall be prohibited. Where the contract cannot be executed without a modification, the contract shall be cancelled and a new procedure shall be issued. Publication of list of bidders.
13. Prior to the commencement of the evaluation of the offers presented, the contracting authority shall publish the list of bidders through the electronic platform as set up by the contracting authority or through the government’s e-procurement platform. Award of the call. 13.