The conditions of the bendy bus deal approved by Transport Minister Joe Mizzi are being violated, according to transport companies which are questioning the agreement’s validity.

Various companies told Times of Malta the deal entered into over the sale of Arriva’s 81 bendy buses “clearly violates” the conditions of the expression of interest originally issued by Malta Public Transport Limited.

According to the conditions, the private company awarded the deal had to export the buses to another country within four weeks from accepting the proposal.

The conditions state: “The buses are not to be kept in Malta and/or Gozo beyond four weeks from acceptance of the proposal.”

This is a case of changing goalposts after the end of a game and it is not acceptable

However, it now results that the company awarded the tender, Trihills Heavy Industry, may not be exporting the buses at all, as originally stated in their bid, but may instead be selling them as scrap.

The companies which spoke to this newspaper – and who admitted they were also interested in submitting a bid for the buses – were fuming at news given in Parliament by Mr Mizzi recently that the company awarded the deal would be given a further 25 per cent discount if it scrapped the buses.

Replying to a series of questions by PN spokesman Toni Bezzina, Mr Mizzi admitted the buses may not be leaving the island.

He also said that if the buses would be used for scrap, the company would be asked to pay only €460,000, instead of the sum it originally agreed to  €601,000.

“This is a case of changing goalposts after the end of a game and this is not acceptable,” a company director told Times of Malta.

“Whoever submitted a bid, or was interested to submit one, had to adhere to the conditions of the expression of interest.

Minister ‘bending over backwards for firm’

“It has now resulted that Minister Mizzi is accepting to bend over backwards to accommodate the company awarded the final bid and this is completely unacceptable. The government should scrap the contract and reissue the call,” he insisted.

Earlier last week, a spokesman for Trihills Heavy Industries admitted that the company’s intention to export the buses to Sudan fell through and the buses would no longer be sent to the African country. He said that although a final decision had not yet been taken, the buses could be sold as scrap material and spare parts.

The Transport Ministry did not reply when asked whether it was considering cancelling the contract. Instead, a spokeswoman would only say that the government company “acted in the best interest and has succeeded in securing the best terms of sale possible in the circumstances”.

According to the ministry “no third party has been prejudiced in any manner whatsoever in the process adopted by the company”.

Some days ago, the private contractor started transferring the bendy buses from Hornworks ditch in Floriana to a private yard in San Ġwann.

The bendy buses were taken over by the government at the end of last year as part of a deal reached over the early withdrawal of Arriva from its 10-year concession to offer public transport services in the island.