Issue link: https://maltatoday.uberflip.com/i/1475004
maltatoday | SUNDAY • 31 JULY 2022 15 LAW CLASSIFIEDS Whenever a bidder in a public call for tenders feels that a decision taken by a Contracting Authority has been unjust in its regard the first possibility for legal redress is the Public Contracts Review Board. In order for an objection before the Public Contracts Review Board (PCRB) to be valid the appli- cable law requires that the com- pany submitting an objection also includes a deposit equivalent to 0.50 per cent of the estimated val- ue set by the contracting authority of the whole tender. The law sets a minimum of four hundred euro (€400) for such deposit and caps the amount to a maximum of fifty thousand euro (€50,000). The leg- islator introduced this provision in order to ensure that objections are not filed frivolously by every bid- der who is not selected in a public call as the system would not cope should every bidder not selected were to submit an objection. The estimated value of a public contract which is a services con- tract would vary depending on the duration of such contract. At times public calls are based on a time-limit for a contract with a possible extension period. Should the estimated value of a public con- tract be based on the time-limit of the contract or should it include the extension period? Clarity on this matter is crucial at the point of submitting an objection once as aforementioned an objection before the PCRB hinges on the deposit which in turn is to be cal- culated on the 0.50% of the esti- mated value. And what happens if the contracting authority commits a mistake in the calculation of the estimated value, should such an error penalise the bidder who is objecting? This issue of the deposit calcu- lated on an estimated value which value had been wrongly calculated by the Contracting Authority arose in the General Cleaners Co. Ltd v. Drettur tal-Kuntratti et, Court of Appeal case decided on the 22 June, 2022. The applicable law binding a contracting authority on how it is to calculate an estimated value clearly states that the esti- mate of the value of a tender has to be based on the total amount payable including any contract ex- tensions as stipulated in the public call. The Public Call for which Gener- al Cleaners put in a bid stated that the contract was to be for twelve months, with a possible exten- sion of another two months. The contracting authority erroneous- ly calculated the estimated value solely on the twelve months when according to law they were sup- posed to calculate it on the twelve months as well as on the contract extensions. When General Cleaners acted upon their grievance by submitting an objection before the PCRB they calculated their objection deposit on the estimated value as published by the contracting authority which estimated value was incorrect by no fault of the General Cleaners. Upon General Cleaners submit- ting their objection, the winning bidder placed a preliminary plea that such an objection was null on the basis that the estimated value upon which the deposit was calcu- lated was wrong and it was argued that therefore the deposit was the wrong amount. The PCRB upheld this preliminary plea and threw out General Cleaners' objection. General Cleaners took the matter to the Court of Appeal and rightly so the Court of Appeal overturned the decision of the PCRB on this preliminary plea. One of the main points stated in the Appeal by the General Cleaners was that when calculating a deposit to be paid as required to file an objection before the PCRB, a bidding company can- not be expected to do the work of a contracting authority and should therefore rely on the information provided by such contracting au- thority irrespective of whether the contracting authority calculated an estimated value wrongly. The Court of Appeal emphasised the literal meaning of the applicable law which states that the deposit for the objection has to be based on the values as estimated by the contracting authority. The Court added that the parties have a right to rely on the information as de- clared by the contracting authority and such parties should not have to pay for the mistakes as committed by such contracting authorities. In its judgment the Court of Ap- peal did not shy away from admon- ishing the PCRB for having based its decision on a series of previous cases which had very different cir- cumstances to the case at hand. The Court also admonished the contracting authority for having taken the position that the objec- tion was invalid when it was its own mistake which created the confusion in the first place. The appeal by General Cleaners was found to be more than justified and the Court ordered the decision of the PCRB to be annulled and to proceed with the objection on its merits. Furthermore, the Court or- dered the winning bidder and the contracting authority to pay €1,000 each as additional expenses in view that their contestation was a frivo- lous one. This judgment has provided much needed clarity on how an aggrieved bidder is to calculate the deposit to be paid. On a broader note, it highlights a major problem in Malta's justice system where many quasi-judicial bodies are manned by persons who do not have a legal background and who in view of their lack of legal knowl- edge may take wrong decisions on pleas raised, which decisions can seriously impede justice being served. While there is always the remedy of appealing such wrong decisions before the Court of Ap- peal this case sheds a spotlight on the need for more legal profession- als to sit on quasi-judicial bodies such as the PCRB. 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SITUATIONS VACANT BARTENDER/CASHIER - Asian Palace Catering Ltd has vacancies for a bartend- er & a cashier on a full-time basis to work from Monday to Sunday with one day off. This will include public holidays with a wage of €1000 gross monthly. Please phone 27811888 Email: info@asianpal- acemalta.com CASHIER/GENERAL ATTENDANT: Padthai Kitchen Malta Ltd. are seeking the immediate employment, on a full- time basis of a person with knowledge of Thai cuisine to work as a cashier/gen- eral attendant and to also assist in the general restaurant duties, for example explaining to customers the ingredients of dishes offered. Although no particu- lar qualifications are required, the ide- al candidate must be fluent in written and spoken Thai and English, must also demonstrate sound knowledge of Thai traditional and Thai cuisine. Experience in a similar position would be considered an asset. The candidate must also have a clean criminal record. 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Interested applicants may send email to secretary@a-plusplus.eu SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Customer Care Clerks, Security Guards, security for places of entertainment and cleaners. Applicants should be customer care ori- entated, smart and flexible for shift work. Email your CV to hr@signal8security- malta.com.mt SNF OPERATORS- we are seeking to recruit staff for the position of Water sports Jetty helper. Please send an email on info@sunfunmalta.com CLASSIFIEDS INFO @MEDIATODAY.COM.MT