PCRB cancels award over tender committee lack of expertise

A recent decision by the Public Contracts Review Board (PCRB) (Case 1973) highlights several key principles of public procurement law in the context of a tender for the regeneration of St Paul’s Bay, Bugibba, Qawra, Xemxija and Salina Area.

Dalli Advocates assisted its client to challenge the evaluation committee’s reccomendation, upon which the tender was awarded.

The tender used the BPQR method, which requires the contracting authority to award the contract based on technical aspects and other qualitative considerations, rather than just price. The principle highlighted in this case is that evaluators must conduct a thorough and detailed assessment of each bid, scoring each one of the several technical criteria according to a gradation system (out of 100). This ensures that all technical and financial elements are fully considered.

In this case, the PCRB found that the evaluators did not fully comply with this requirement, since they graded every technical criterion with a score of 100 out of 100, rather than using the incremental grading system as was required. This gradation system allows for differentiation in quality, with scores ranging from 0 to 100 based on how well each submission meets the tender’s specific criteria. By assigning perfect scores across the board, the evaluators failed to make a meaningful comparison between the bidders, thus disregarding the requirement to thoroughly analyse each aspect of the tender submissions. This approach undermined the integrity of the evaluation process, as it did not reflect the nuanced differences between the bids, which should have been the basis for awarding marks incrementally according to merit. 

Tied to this principle, the PCRB also stressed that evaluators should possess a basic understanding of the subject matter they are evaluating. In this case, it turned out that the evaluation committee lacked the assistance of a technical expert, and some of the evaluators admitting to having no knowledge in critical areas such as ecology or urban development, even though these were obviously important components of a tender concerning urban regeneration. 

The Board noted that a properly constituted evaluation committee with relevant technical expertise is crucial for the integrity of the process. An evaluation board cannot possibly evaluate a bid thoroughly and in detailed manner if its members do not have specialized knowledge in the subject-matter at hand. 

For these reasons, the PCRB revoked the evaluation’s board decision and the contracting authority to re-evaluate the bids through a newly composed Evaluation Committee composed of new members having a basic understanding of the subject matter.

With extensive experience in the sector, Dalli Advocates has provided support to both bidders and government entities in

New Release: UN’s bold blueprint for managing critical energy transition minerals

On the 11th of September 2024, the UN Secretary-General’s Panel on Critical Energy Transition Minerals released the report entitled, “Resourcing the Energy Transition: Principles to Guide Critical Energy Transition Minerals Towards Equity and Justice.” As the world transitions to renewable energy, the demand for critical minerals such as copper, lithium, cobalt, and nickel is projected to almost triple by 2030 and quadruple by 2040. These minerals are essential for clean energy technologies like wind turbines, solar panels, and electric vehicle batteries.

The report highlights the urgency of addressing the climate crisis, with 2024 being one of the most catastrophic years on record, marked by extreme weather events. Achieving the global goal of limiting temperature rise to 1.5°C depends heavily on the availability and responsible management of these critical minerals.

Released ahead of COP29, the report emphasizes justice, equity, and sustainability throughout mineral value chains. It aims to prevent the exploitation of resource-rich developing nations by embedding seven guiding principles, which include:

  • Upholding human rights and protecting Indigenous communities.
  • Safeguarding ecosystems and biodiversity.
  • Ensuring justice and equity in the distribution of benefits.
  • Promoting economic diversification and benefit sharing for resource-rich countries.
  • Fostering responsible investments, trade, and finance.
  • Ensuring transparency and accountability across supply chains.
  • Strengthening international cooperation to avoid geopolitical tensions.

These recommendations are vital for addressing environmental, social, and geopolitical risks, ensuring that the global energy transition is fair and sustainable for all. Without proper governance, the rising demand for these minerals could exacerbate inequalities, particularly in vulnerable developing nations.

Dalli Advocates can assist in the energy sector and provides advice on both regulatory and transactional matters.