Procurement by tender : a comparative analysis between the situation in Malta and in the European Union

Abstract

This work is divided into three parts. The first and broadest part relates to public procurement in the European Union, which system reflects years of experience, development and interpretation and which will be the basis of Malta's new Public Procurement Regulations. A look at the historical development of this system is followed by an analysis of the substantial Directives, which govern public procurement. The study continues with a discussion as to whom these Directives are addressed and who is bound to follow them, and an analysis of the selection and award criteria used in the adjudicating process. The second part of the thesis examines public procurement in Malta, focusing on the Regulations, which are currently used in the local scene, and mostly at the new Regulations, which will soon be introduced. The reflection of the European set-up on the Maltese system will be pointed out to all along this part. The third part of the work looks at review procedures, the dual system of enforcement employed within the European Union, and the remedies available to suppliers and contractors participating in tendering procedures conducted by Maltese Contracting Authorities, or the Department of Contracts. Finally, the work is concluded by a general view at the current situation, and the main influences, which the European Union's procurement system has on its Maltese counterpart, will be highlighted.