Court upholds WasteServ decision on Marsascala park contract award
Vassallo Builders lose appeal over decision to award contract to Bonnici Brothers
A court has dismissed an appeal by Vassallo Builders Ltd over the award of a €4.6 million contract for a public park in Marsascala to Bonnici Bros Services Ltd,
The contract was awarded by WasteServ Malta, which issued a call for tender in April 2024. The park will replace a waste treatment plant in the locality.
Vassallo Builders, alongside AC Entreprises Ltd, had bid offered to carry out the works for €3.9 million, while Bonnici Bros placed a bid of €4.6 million. Despite Vassallo Builders having placed a lower bid, the contract was handed to Bonnici Bros.
Vassallo Builders filed an objection with the Public Contracts Review Board (PCRB) in October 2024. In January the PCRB rejected its appeal, arguing that the contractors failed to file a Power of Attorney document and a final or provisional acceptance certificate.
It further argued that the contractor failed to rectify these errors, and therefore it rejected the claim that not awarding the contract to Vassallo Builders breached the principle of proportionality.
Vassallo Builders took the matter to court before three judges – Chief Justice Mark Chetcuti, Mr Justice Robert G. Mangion and Mr Justice Grazio Mercieca.
The court agreed with the decision taken by the board and noted how Vassallo Builders should not have been granted the contract as it failed to file the Power of Attorney document and final or provisional acceptance certificate, while also failing to rectify its errors.
The court therefore dismissed the appeal.
A WasteServ image of the new Marsascala park.WasteServ welcomes court decision
WasteServ welcomed the appeals court decision, saying it had cleared the way for the transformation of the Sant’ Antnin waste treatment plant into a recreational green park. The treatment plant closes in 2022.
WasteServ CEO Richard Bilocca said in a statement the ruling is a significant step forward for the project following the lengthy delay caused by legal proceedings.
“This project is a cornerstone of our commitment to environmental regeneration and sustainability, and we can now fully focus on delivering on our promise to create a unique green space for the community."
Permits have already been issued and works will start once the contract is signed in the coming days, WasteServ said.