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maltatoday | SUNDAY • 5 SEPTEMBER 2021 15 The signatures required in bids for tenders are important because a tender is a form of a contract and the signature when require make those parts of the tender binding. This was held in a judgment delivered by the Court of Appeal presided over by the Chief Justice Mark Chetcuti, and judges Giannino Caruana Demajo and Antho- ny Ellul on 31 August 2021 in PR20 JV konsorzju maghmul minn Rockcut Limited and Pa- to SRL -v- Direttur Generali tad-Dipartiment tal-Kuntratti, il-Korporazzjoni ghas-Servizzi tal-ilma u Bianco Impianti Srl. The appeal concerned a ten- der issued by the Water Ser- vices Corporation on the con- struction of a pipes distribution network from Marsascala to Bulebel. The appellants and Bianco Impianti tendered. The latter won the tender. On 12 February 2021, the appellant's bid was not accepted due to it not be- ing technically compliant. The letter stated that the Quality Assurance plan was not signed, there were missing signatures on the declaration of the key experts, and one of the CVs was not comprehensive. The appellants filed an ob- jection and the Appeals Board held that the Appellant pointed out that the lack of a signature on the QA plan did not annul then bid. WSC rebutted by say- ing that the signature was not optional. Bianco also submitted that a signature on a QA Plan was a cardinal omission. The Board held that a tender doc- ument is a contract and such contractual obligations have to be endorsed and confirmed by a signature and therefore the WSC were correct not to accept the bid. As to the missing signature of self-declaration of the key ex- perts, the Appellant held that such declaration should be submitted by key experts who are employed by the public ad- ministration. The key experts in this bid were self-employed. WSC disagreed. The Board referred to the General Rules governing Ten- ders published in April 2019 allows five days for rectification when requested. Furthermore, the bidder cannot decide how the forms are to be submitted and if it is not filled in cor- rected it will be considered as non-compliant. As to the CV, the Board agreed with WSC that this particular CV leaves much to be desired. The Appellant held that the tender document did not re- quire any specific experience from the stone mason, however, the Board held that one cannot ignore that a stone mason is an essential component of the pro- ject. The Board dismissed the ap- peal. The Appellants appealed be- fore the Court of Appeal and asked the Court to revoke the decision. The first hurdle was a plea filed by the defendants, who held that a joint venture could not have appealed, be- cause it does not have a jurid- ical personality. The Court of Appeal held that the joint ven- ture could have tendered and it is represented by two compa- nies. Therefore, it turned down the plea. As to the merit so the appeal, the Appellants held that the Board gave important to cler- ical issues than those of sub- stance. It also ignored parts of the procedure and interpreted the requests badly. With regard to the issue on the lack of the signature on the QA declaration, the Appellants held that the bid was signed and that signature confirms all the bid. The bid included as quali- ty assurance as requested. The Court of Appeal agreed with the Board that this document constituted as a binding legal document and it was not suffi- cient that reference is made to other signatures in the bid. The Court held that the signature was also there to authenticate the document. If a signature was added after the submission date, this would not constitute a correction of the bid. Therefore, the signa- ture on its own should not have invalidated the whole bid. As to the key experts, the Court pointed out that the tender document required key experts to be submitted and it read: "This declaration is to be sub- mitted in respect of all key ex- perts who either work with the public administration or in the private sector. "In case of key experts who are not in the public administration a 'not applicable' declaration must be entered on the form and uploaded online." The Court held that the word- ing is clear in that all key ex- perts must have declaration and that the bidder must state whether any are in the public sector or not. WSC cannot as- sume that the key experts are not in the public sector but it must be spelt out. The Court held that WSC asked for a further explanation on this point from the Appel- lants, but they failed to give it. Therefore, this ground of ap- peal was rejected. As the CV of the stone mason the Court of Appeal held that the fact that the tender docu- ment did not ask for informa- tion on the stone mason does not mean that the WSc should have any doubt on his compe- tency. The Court then moved to re- ject the appeal. LAW CLASSIFIEDS CLASSIFIEDS INFO @MEDIATODAY.COM.MT The importance of signatures in tender bids HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apartments for short or long lets with magnificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other commercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE SAN GWANN - Close to all amen- ities and located in the commercial district is this 3 storey OFFICE BUILDING. Presently arranged in open plan layout on each floor, complimenting this there are a number meeting rooms. Each floor has a balcony and toilet facilities, with the 3rd floor having a front terrace overlooking the main street and the back balcony with coun- try views. Although the property is currently being used as offices, there is the possibility of convert- ing to two apartments and a pent- house with terrace. The property is being offered freehold. Asking price: €760,000. Call on:79899838. SAN GWANN- Open plan 190sqm, ready to move into designer fin- ished second floor apartment in a central quiet street forming part of a block of 5 apartments. Two double A/C bedrooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. TARXIEN - Larger than usual first floor duplex maisonette. Three bedrooms; double glazed windows; inverter air conditioners including solar water heater. Being sold fur- nished. Own airspace with possibil- ity of further development. Contact owner on 99912005/99450639. SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT B U I L D I N G E N E R G Y TECHNOLO GIES LTD, San Gwann, has job positions for General labourers & General Construction Cleaners in roads construction . Applicants must have experience, fluently speak English and other languages. Hourly rate Eur4.50. Interested applicants may send e-mail to: secretary@a-plus- plus.eu. T R AVA N C O R E HOL DI NG S LIMITED – we are seeking to recruit Delivery Persons, Office Clerk (Hindi & English Speaking), Labourers & F&B waiters/wait- resses, HK Attendants. Please send your CV by email to Careers@tra- vancoreholdings.com CLEANERS - wanted on a full-time basis, six days per week. Experience required. Must be fluent in English. Kindly call on 99885352. SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Customer Care Clerks, Security Guards, security for places of enter- tainment and cleaners. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to hr@signal8secu- ritymalta.com.mt TECHNICIANS - DT Company Ltd require Technicians. Training will be provided; however the applicant must have experience in the related field and possesses a good level of spoken and written English. Interested individuals are to send a CV to: christian.mig- giani@dtemalta.com WAITER/WAITRESS - wanted on a full-time basis, six days per week. Minimum 3 years' experience required. Must be fluent in English. Kindly call on 99885352. WANTED COLLECTIBLE items such panini albums and loose stickers, old post- cards and posted envelopes, med- als, militaria, coins and paper mon- ey, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates

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