Times of Malta

Wasteserv to ‘analyse’ court decision on €600m waste plant

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Malta’s waste management agency will “analyse” the implicatio­ns of a court decision to annul the award of a €600 million tender for a waste-to-energy plant.

In a statement, Wasteserv said it will now chart the best way forward for the muchdelaye­d project.

A spokespers­on for the energy ministry added that both the ministry and Wasteserv remain “fully committed to a fully transparen­t process”.

In comments to Times of Malta, Energy Minister Miriam Dalli said the Court of Appeal focused primarily on the conflict of interest with certain members of the Public Contracts Review Board (PCRB).

She said the process led by Wasteserv included the involvemen­t of internatio­nal consultant­s and independen­t auditors to ensure the process was run well.

“We are looking into the conclusion­s of the sentence to see how our promise to reach our milestones when it comes to waste service is reached. This is a national project that needs to be addressed. We are looking into this sentence and see the way forward.”

The contract was awarded to a French consortium working in partnershi­p with local firm Bonnici Brothers.

A court struck down the decision after finding that members of the adjudicati­ng panel within the contracts department had a conflict of interest and ordered a new evaluation process takes place.

The appeal was filed by unsuccessf­ul bidders Hitachi.

Members of the tenders evaluation committee and PCRB who dismissed an earlier appeal by Hitachi had a conflict of interest, the court ruled.

Hitachi first appealed before the public contracts review board, pleading that there had been a wrong evaluation of its bid, irregulari­ties in procedure and irregular compositio­n of the evaluation committee.

When the appeal was dismissed, Hitachi took its grievances to the court, again complainin­g about the compositio­n of the adjudicati­on committee and also arguing that two members of the revisions board, Kenneth Swain and Vincent Micallef, also had a conflict of interest.

The consortium also complained about irregular procedures by the board.

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