PUBLIC PROCUREMENT

MamoTCV advises contracting authorities, bidders or other interested parties on all aspects of public procurement. We have been involved in the drafting and review of tender documents and have advised and assisted government entities in the conduct of award procedures for several public contracts and concessions as well as a local PPP contract. 

 

Our firm also contributes to the publication “International Public Procurement” (initially published by Oceana Publications, which was acquired by Oxford University Press) in collaboration with the Center for International Legal Studies (Austria).  

 

LEGAL FRAMEWORK 

 

The Public Contract Regulations (Legal Notice 177 of 2005, as amended) and the Public Procurement of Entities operating in the Water, Energy, Transport and Postal Services Sectors Regulations (Legal Notice 178 of 2005, as amended) transpose the EU’s legislative package on public procurement (Directive 18/2004/EC and Directive 17/2004/EC) into Maltese law and lay down rules on the public works contracts, public services contracts and public supply contracts with an estimated value below the Community thresholds. No specific legislation exists in relation to public works and services concessions and Public Private Partnerships (PPPs). Nevertheless, the Maltese Government is bound to ensure compliance with the general rules of the Treaty establishing the European Community and those derived from ECJ case law in all contracts not covered by the public procurement Directives. 

 

For further information on PPPs, kindly refer to the section Public Private Partnerships.