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S.L. 601.05 · Part IV · Types of Procurement Procedures

Regulation 140. Reserved contracts for certain services

Reserved Contracts and Contracts For Social and Other Specific Services

Text of the consolidated version in force from 1 January 2024. 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) Contracting entities may reserve the right for organisations to participate in procedures for the award of public contracts exclusively for those health, social and cultural services referred to in regulation 134, which are covered by CPV codes 75121000-0, 75122000-7, 75123000-4, 79622000-0, 79624000-4, 79625000-1, 80110000-8, 80300000-7, 80420000-4, 80430000-7, 80511000-9, 80520000-5, 80590000-6, from 85000000-9 to 85323000-9, 92500000-6, 92600000-7, 98133000-4, 98133110-8.

(2) An organisation referred to in sub-regulation (1) shall fulfil all of the following conditions:

(a) its objective is the pursuit of a public service mission linked to the delivery of the services referred to in sub-regulation (1);

(b) profits are reinvested with a view to achieving the organisation’s objective. Where profits are distributed or redistributed, this should be based on participatory considerations;

(c) the structures of management or ownership of the organisation performing the contract are based on employee ownership or participatory principles, or require the active participation of employees, users or stakeholders; and

(d) the organisation has not been awarded a contract for the services concerned by the contracting authority concerned pursuant to this regulation within the past three years.

Cross-references

This regulation refers to

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