Public procurement in Malta : a critical analysis

Abstract

This dissertation considers the regulation of public procurement in Malta in the light of our international obligations and Malta's membership to the European Union. It gives the reader a general overview of the history of public procurement regulation from a domestic perspective and considers how the EC rules on this subject came about. It also considers briefly the influence of the World Trade Organisations in this field. Chapter 1 analyses the present structures for public procurement regulation. It considers the setup of the Department of Contracts, the powers of the Director of Contracts and delves into the issue of which bodies are to be considered as contracting entities for public procurement purposes. It also analyses the present legislative setup and gives particular attention to the Public Contracts Regulations and the enabling powers contained in the parent Act. Chapter 2 considers the procedures for tendering and ancillary matters. It considers first of all the guiding principles for public procurement: non discrimination and confidentiality. Distinctions are drawn between Public Utilities contracts and other public contracts. Chapter 3 then examines the award process for tenders and the contractual relationship between the contracting authorities and the selected tenderer. The position is contrasted with the general provisions of civil law. Chapter 4 examines the extrajudicial remedies that are available for aggrieved tenderers and the relative procedures. Chapter 5 considers the judicial review of decisions rendered by the designated review bodies in the light of certain provisions of law such as Art. 469A of the Code of Organisation and Civil Procedure. Finally, some conclusions are drawn and recommendations for further development in this important field are put forward.