The Public Contracts Appeals Board has overturned a decision taken by the Contracts Committee to award a tender to a company after it ruled that another company had been excluded for no apparent reason.

The tender in question is for the demolition of an existing building and the construction of an industrial factory at Luqa Industrial Estate. The value of the contract amounts to more than Lm92,300.

The Appeals Board, chaired by Alfred Triganza, heard that seven bids were submitted and Asfaltar Limited had subsequently filed an objection against the intended award of the tender to C&F Building Contractors.

Asfaltar Ltd complained that the General Contracts Committee had taken its decision even though the Adjudication Board had submitted an inconclusive report asking for more clarification on certain issues. The company said it was never asked to supply the clarifications needed but, in the meantime, the contract was still awarded to another company.

In its ruling, the Appeals Board said: “...this board cannot accept the fact that a decision was taken by the General Contracts Committee when according to the Adjudication Board, the report on which the decision was taken was inconclusive”.

As a result, the Appeals Board ruled that further clarifications be sought from Asfaltar Ltd prior to conclusive recommendations by the Adjudication Board to the Contracts Committee.

In a separate case on a different tender, the Public Contracts Appeals Board ruled that there was no wrongdoing on the part of the General Contracts Committee when it awarded another tender to Asfaltar Ltd rather than to C&F Building Contractors.

This tender is for carrying out embellishment work and constructing and finishing of an administrative and child care facility at the Bulebel Industrial Estate. This contract amounts to Lm458,000.

The Appeals Board ruled that there is no evidence which shows that the “Evaluation Committee and the General Contracts Committee did not carry out the job entrusted to them in an efficient and effective manner, strictly adhering to formal procedures, but also acted in a highly transparent and fair method”.

The board said that Asfaltar Ltd took a business risk that worked in their favour, unlike the case with C&F Building Contractors.

Dr Michael Schiriha and Dr Franco Galea were Asfaltar’s legal representatives during the hearings.