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MALTATODAY 26 June 2022

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maltatoday | SUNDAY • 26 JUNE 2022 19 LAW CLASSIFIEDS WHEN a tender is issued the contracting authorit y should be clear and precise on the val- ue of the tender and should not fiddle with the interpretation of value when a complaint is lodged. The Court of Appeal, took this position on 22 June 2022 in General Cleaners Co Ltd -v- Dipartiment tal-Kuntratti; Indis Malta Limited u Sultech & Co. The court was presided over by the Chief Justice Mark Chetcuti and Judges Giannino Caruana Demajo and Anthony Ellul. The appeal concerned a deci- sion taken by the Public Con- tracts Review Board in January 2022. The Review Board had reject- ed General Cleaners objection in a tender procedure. Indis Malta Limited issued a tender to provide cleaning services at the Gozo Innovation Hub. Two tenderers applied, but General Cleaners' tender was technically non-compliant The Company objected to this deci- sion before the Review Board. The competing company Sultech & Co argued that the objection could not be enter- tained because the deposit was not in accordance to Public Procurement Regulations . Ar- ticle 273 of these Regulations reads: "273.The objection shall on- ly be valid if accompanied by a deposit equivalent to 0.50 per cent of the estimated value set by the contracting authority of the whole tender or if the ten- der is divided into lots accord- ing to the estimated value of the tender set by the contract- ing authority for each lot sub- mitted by the tenderer, pro- vided that in no case shall the deposit be less than four hun- dred euro (€400) or more than fifty thousand euro (€50,000) which maybe refunded as the Public Contracts Review Board may decide in itsdecision." The tender indicated that the value was €109,806, excluding VAT. General Cleaners paid a deposit of €549.03. Regulation 28(1) stipulates that the value of the contract should exclude VAT. The tender explained that the execution of the contract will be 12 months, with a possible extension of a further 2 months. The contracting authority ar- gued that this showed that the true value of the contract was €128,107, since it added the two additional months. As a result, the deposit for the appeal should have been €640.54. The Review Board agreed with this reasoning. A reduced deposit will annul the complaint and the Review Board did this. General Cleaners appealed from this decision. The Con- tracts Department held that it should not be a party to this appeal. Article 285 of the Pub- lic Procurement Regulations states: "285.The appeal application shall be addressed against theauthority responsible for the tendering process, the con- tractingauthority, the recom- mended tenderer, if any, and any other partyinvolved in the proceedings before the Public Contracts ReviewBoard,….." The Department was not in- volved in issuing the tender, since the value of the tender is less than €139,000. Therefore, the Department was not the correct party to the case. With regard to the merits of the case, the Court of Appeal held straight away that Sult- ech should not have raised this plea. The deposit of an objec- tion is calculated on what the contracting authority valued the contract. The contracting author- ity held that the value was €109,806 and not €128,107. The tenderers should not be prejudiced for a mistake made by the contracting authority. The competing tenderer was trying to take advantage of this situation. The Court commented that this does not reflect well on this company. In the meantime the contract authority was insisting on the nullity of the complaint. Furthermore the difference is only €91.51 and the Review Board's decision lacks the no- tion of proportionality and common sense. The Court of Appeal upheld the appeal and ordered that the contracting authority and Sultech to pay an additional €1,000 because the issue was superfluous. A contracting authority should be clear on the value of the tender LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other com- mercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE SAN GWANN - Close to all amenities 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 over- looking the main street and the back bal- cony with country views. Although the property is currently being used as offic- es, there is the possibility of converting to two apartments and a penthouse 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 finished second floor apartment in a central quiet street forming part of a block of 5 apart- ments. 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 con- ditioners including solar water heat- er. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639. SERVICES COLLECTIBLE items such panini albums and loose stickers, old postcards and posted envelopes, medals, militar- ia, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. NEWSPAPER adverts - Book & pay on-line on - no extra charges. Call on 21322452 SITUATIONS VACANT BARTENDER/CASHIER - Asian Palace Catering Ltd has vacancies for a bar- tender & a cashier on a full time basis to work from Monday to Sunday with one day off. This will include public hol- idays with a wage of €1000 gross month- ly. Please phone 27811888 Email: info@ DELIVERY DRIVER - required to work Full Time, flexible hours, fluent in English and holder of a full driver's license. Interested please call LOGIC International Ltd 21245982 HOTEL RECEPTIONIST - we require a full -time hotel receptionist for a busy boutique & spa in Naxxar. Applicant must speak fluent English and have experience in a similar role and be able to work shifts. Call The Village Hotel Ltd on 27988357 to apply M A S S AG E A N D B E AU T Y THERAPIST- we require a Massage and Beauty Therapist on a full-time basis with at least 10 years' experience. Must speak english, qualification in Cidesco diploma and qualified in Thai tradi- tional medicine society. €1000 - €1500 monthly. Windsor Beauty Clinic, San Gwann. Send email to: mam2002059@ Tel: 99596359 SPA THERAPIST - required for a busy spa within a hotel in Naxxar. Must be flexible with hours on a rota full time and fluent in English. Experience required. Please contact The Village Boutique & Spa on 27988357 for more info. CLASSIFIEDS INFO @MEDIATODAY.COM.MT

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