S.L. 601.03 · Part IX · Remedies

Regulation 262. Remedies before closing date of a call for competition

Remedies before Closing Date of a Call for Competition

Text of the consolidated version in force from 27 June 2025. Where this page and legislation.mt differ, legislation.mt prevails: official textThe Maltese and the English texts are both official; where they conflict, the Maltese text prevails. This page shows the English text.

(1) Prospective candidates and tenderers may, within the first two-thirds of the time period allocated in the call for competition for the submission of offers, file a reasoned application before the Public Contracts Review Board:

(a) to set aside or ensure the setting aside of decisions including clauses contained in the procurement document and clarification notes taken unlawfully at this stage or which are proven to be impossible to perform; or

(b) to determine issues relating to the submission of an offer through the government’s e-procurement platform; or

(c) to remove discriminatory technical, economic or financial specifications which are present in the call for competition, in the contract documents, in clarifications notes or in any other document relating to the contract award procedure; or

(d) to correct errors or to remove ambiguities of a particular term or clause included in a call for competition, in the contract documents, in clarifications notes or in any other document relating to the contract award procedure; or

(e) to cancel the call for competition on the basis that the call for competition is in violation of any law or is likely to violate a particular law if it is continued.

(2) The application shall only be valid if accompanied by a deposit equivalent to zero point five per cent (0.50%) of the estimated value set by the contracting authority of the whole tender or if the tender is divided into lots according to the estimated value of the tender set by the contracting authority for each lot submitted by the tenderer, provided that in no case shall the deposit be more than fifty thousand euro (€50,000) which may be refunded as the Public Contracts Review Board may decide in its decision.

Amended byL.N. 301 of 2019 · L.N. 196 of 2020

On this site

Guide:Technical specifications: “or equivalent”, standards, labels and proof Guide:Remedies: what a contracting authority must do when a call is challenged FAQ:Remedies

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261 — Termination of contracts

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263 — Publication of the application

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General information on the Public Procurement Regulations in force. Not legal advice.