Several major government projects have ground to a halt, after the government’s contract review board stopped meeting just before summer, leaving pending cases before the board in limbo.
The government’s public contracts review board (PCRB), responsible for deciding on objections to the award of government tenders, last met in June, according to sources familiar with the board’s work.
The board’s website also suggests this is the case, with no decisions taken since June 12, when the board turned down an objection against a 2023 tender for the purchase of medical devices.
But, while the board has been on hiatus, objections have continued to roll in, with at least 35 new cases being filed between July and October 10.
The delays have caused disruptions to several major projects, much to the frustration of both the public entities and private companies involved.
These include the transformation of Valletta’s Evans Building into a luxury hotel, the regeneration of Sliema’s Chalet, the restoration of St Paul’s church in Valletta, as well as the provision of medical equipment, a series of infrastructural works as well as several other services.
The situation is frustrating, as more time is being lost and we cannot get on with the process and our project- Valletta Luxury Project’s Kevin Decesare
Speaking to Times of Malta, Valletta Luxury Project’s Kevin Decesare described the situation as “frustrating”, adding that “more time is being lost and we cannot get on with the process and our project”.
Decesare confirmed that the consortium had received “no communication whatsoever” from the PCRB.
Other players in private and public entities who find themselves in the same position expressed similar frustrations when approached by Times of Malta.
Board stopped meeting after controversial court decision
Sources told Times of Malta that the board is believed to have not reconvened after a court sentence in late June concluded that several of its members could have had a conflict of interest in evaluating an objection to a €600m tender for a WasteServ incinerator.
Although the court did not find that the board members involved, chair Kenneth Swain and substitute member Vincent Micallef, were unduly influenced in any way, it argued that their links to other public entities could “cast a shadow” on the board’s impartiality, so they should have recused themselves from proceedings.
Swain is a non-executive director at Enemalta, while Micallef is the director of ClearFlowPlus, a company which lists Malta Government Investments Ltd as a shareholder.
Sources who spoke to Times of Malta say that the court’s decision put the board in an awkward spot, unable to function effectively because of fears that other objectors could point to similar indirect conflicts of interest by virtue of the board’s members’ involvement with public entities.
PCRB undergoing ‘restructuring’
But the authorities say that the board will be back to its usual routine shortly.
Replying to questions from Times of Malta, a spokesperson for the board said that it had been undergoing “a restructuring process” over the past weeks, but this was “in its final stages of implementation”.
“The board has never stopped functioning administratively and will operate through a stronger and more effective structure,” the spokesperson added.