Issue link: https://maltatoday.uberflip.com/i/1485686
8 OPINION 24.11.2022 MCESD - fledgling procurement rules George Mangion George Mangion is a senior partner at PKF, an audit and consultancy firm, and has over 25 years' experience in accounting, taxation, financial and consultancy services. His efforts have made PKF instrumental in establishing many companies in Malta and established PKF as a leading professional financial service provider on the Island T imes of Malta reported that more than 300 pub- lic contracts were found to be irregular over the past six years. Last week the finance min- ister tabled in Parliament 338 public contracts overturned or revoked after they were report- ed by rival bidders to the Public Contracts Review Board pre- viously headed by Dr Anthony Cassar (pictured on the left with Central Bank Governor Edward Scicluna). In February last year, PCRB chairman Dr Cassar resigned af- ter concerns were raised about him featuring his involvement in an investigation into a ma- jor fuel smuggling ring. Cassar confirmed he had been ques- tioned by police but strongly denied any wrongdoing. Since then, 20 months later, nothing was heard about the outcome of such investigations. PKF Malta Limited is writ- ing this commentary concern- ing a tender reference CfT: SPD7/2021/021 – Tender for the Provision of Evidence-Based Research and Delivery of Train- ing for MCESD as part of ESF Project with publication date 25th May 2021. e schedule of bids featured five consultants. It revealed that PKF's bid was the cheapest and compliant. Yet it received a disqualifica- tion letter dated 20th August 2021. Naturally, MCESD concurred with the Evaluation Commit- tee's response notwithstanding that PKF's bid was the cheapest bid. is is the primary criteri- on in the awarding of ESF-funds for an EU project. What PKF finds perplex- ing is that the second, third and fourth cheapest bids were also rendered unfit from being awarded the tender at hand, and instead, the tender was be- stowed upon the highest bidder Idea Management Consulting services headed by Dr Silvio De Bono for undisclosed reasons. MaltaToday reports that Silvio De Bono was previously elect- ed as the chair of the MCAST board of governors. It writes about an allegation by an ousted HR executive Josephine Abdilla that Sil- vio allegedly was pocketing a 'commission' from new teach- ing recruits. Paradoxically, Josephine was unable to back up her claim when repeatedly asked by a ministerial inquiry set up to investigate her reports on backhandling arrangements. De Bono was alleged to have recommended prospective candidates for a teaching job at MCAST. In new revelations on the in- quiry's findings, it results that Abdilla had alleged that Dr Silvio De Bono as chairperson of the board of governors in MCAST, had solicited a one- month salary as commission from MCAST recruits. She claimed that despite be- ing "so upset with the practice", she had apparently placated De Bono by having her own daughter take up a course at his own private educational insti- tute, IDEA, for which she paid €500. De Bono was surprised at the accusation, when he tes- tified before the board of in- quiry, stating that he was under the impression of having had a good working relationship with Abdilla. He denied having demanded any 'commission' from MCAST staff. He himself admitted to the inquiry board of having tak- en an active interest in prospec- tive applicants for a teaching job, saying he would pass on his recommendation to Abdilla so that should the applicants fare well in their interviews "then they should be considered". According to MaltaToday, De Bono appears to have also acted as a messenger for the Office of the Prime Minister, saying that Castille would request that cer- tain applicants be given a job. De Bono said he would always see that such candidates satisfy the required criteria first and foremost, before they be al- lowed to progress in the selec- tion process. Back to the "Research and Training" tender issued by MCESD, approved procure- ment rules dictate that ade- quate reasons are given before disqualifying any bid or subse- quent cheapest bids. is is something which has never materialized, apparent- ly the reasons for the refusal of the subsequent bids are still un- known. Apart from tendering the cheapest bid, PKF Malta Limit- ed also provided in its technical offer a well-structured strategic plan on how it intends to ensure how it performs the required tasks in an efficient manner. PKF Malta Limited has inter- nal specialized software which allows it to procure out data analysis as well as effective vis- ualization tools such as graphs, charts and maps which eases data analysis. PKF Malta Limited makes use of only the finest tools in order to perform its obligations, in fact, we at PKF Malta Limit- ed resort to Tableau Software which is the industry's standard for data visualization and anal- ysis. On a separate note, PKF Mal- ta Limited has in its arsenal a group of talented and profes- sional economists who strive to deliver work of premium quality and who have set up an incred- ibly high standard vis-à-vis the quality of work they are confi- dent in conveying. As a matter of fact, PKF Malta Limited boasts the hired servic- es of renowned university lec- turer whose name is synonym with quality work and impec- cable professionalism. His PhD coupled with his remarkable ex- perience in the sector make him one of the most suitable person- alities to perform the duties of this tender. Moreover, this expert special- izes in econometric modelling and use of specialized software to assemble economic models necessary for the forecasting of economic scenarios in the long-run. It cannot be stressed enough, how PKF Malta Limit- ed provided a more than ade- quate response to the Clarifica- tion Letter dated 23rd July 2021 by virtue of its response letter dated 30th July 2021; whereby our firm tackled each clarifi- cation individually and metic- ulously referencing where the queried information could be found. Furthermore, PKF feels ag- grieved by the Disqualification Letter dated 20th August 2021. is was a rather pedantic at- tempt to justify PKF's disquali- fication. In the aforementioned letter, it was criticized that PKF copied and pasted the terms of reference, as well as provid- ed additional assumptions for which PKF was thus unilaterally reprimanded. It goes without saying, that these objections were par- ticularly minor aspects in the technical offer and it is also customary for bidders to use such practices when it comes to the submission of bids so as to maintain accuracy and poign- ancy. PKF is satisfied it ticked all boxes and had fairness pre- vailed, it could have rendered sterling work on this particular tender performed at a compet- itive rate. To conclude, PKF has satisfied the cheapest bid crite- ria and was technically compe- tent. It decided not to contest the issue at the PCRB.