# S.L. 601.09, regulation 112. Procedure of the appeal

- URL: https://procurelex.mt/en/concessions/112 · Malti: https://procurelex.mt/mt/koncessjonijiet/112
- Concession Contracts Regulations (S.L. 601.09), consolidated version in force from 2024-05-17; official text (prevails): https://legislation.mt/eli/sl/601.9/eng

The procedure to be followed in submitting and determining appeals as well as the conditions under which such appeals may be filed shall be the following:
   (a) any decision by the Special Contracts Committee or by the contracting authority or the contracting entity, shall be made public by affixing it to the notice-board of the contracting authority or the contracting entity or by uploading it on government’s e-procurement platform prior to the award of the contract;
   (b) the appeal of the complainant shall also be affixed to the notice-board of the Public Contracts Review Board and shall be communicated by fax or by other electronic means to all participating tenderers;
   (c) the contracting authority or the contracting entity and any interested party may, within ten calendar days from the day on which the appeal is affixed to the notice-board of the Department of Contracts or of the contracting authority or the contracting entity and uploaded where applicable on the Government’s e-procurement platform, file a written reply to the appeal. These replies shall also be affixed to the notice-board of the Public Contracts Review Board and where applicable it shall also be uploaded on the Government’s e-procurement platform;
   (d) after the preparatory process is duly completed, the head of the contracting authority or the contracting entity shall within ten days forward to the Chairman of the Public Contracts Review Board all documentation pertaining to the call for tenders in question including files, tenders submitted, copies of deposit receipts and any motivated letter;
   (e) the secretary of the board shall inform all the participants of the call for tenders, and the contracting authority or the contracting entity of the date or dates as the case maybe when the appeal will be heard;
   (f) when the oral hearing is concluded, the Public Contracts Review Board, if it does not deliver the decision on the same day, shall reserve decision for the earliest possible date to be fixed for the purpose, but not later than six weeks from the day of the oral hearing: Provided that for serious and justified reasons expressed in writing by means of an order notified to all the parties, the Public Contracts Review board may postpone the judgment for a later period;
   (g) the secretary of the board shall keep a record of the grounds of each adjournment and of everything done in each sitting; and
   (h) after evaluating all the evidence and after considering all submissions put forward by the parties, the Public Contracts Review Board shall decide whether to accede or reject the appeal.