S.L. 601.3 ст. 79Establishment of the Ministerial Procurement Unit.

(1) There shall be a Director Sectoral Procurement who shall be responsible for the administration and management of the Sectoral

Procurement Directorate.

(2) The functions of the Director Sectoral Procurement shall be:

(a) to ensure that these regulations are abided by;

(b) to observe and abide by any instruction issued by the Director of Contracts;

(c) to ensure that each contracting authority listed under Schedule 16 is assisted in the publication of a call for tenders issued under the open or restricted procedure;

(d) to manage and administer the Sectorial Procurement Directorate;

(e) to monitor the procurement activities of contracting authorities listed under Schedule 16, as administered and managed by the Sectoral Procurement Directorate, with the aim of ensuring timely processing and award of such calls;

(f) to provide information and guidance to contracting authorities listed under Schedule 16, whilst ensuring that such information and guidance are aligned with direction, policies and instructions given by the Director of Contracts;

(g) to publish, unless otherwise provided for in these regulations, through government’s e-procurement platform, as well as open in public, all calls for tenders with an estimated value which does not exceed seven hundred and fifty thousand euro (€750,000);

(h) to take appropriate measures to effectively prevent, identify and remedy conflicts of interest arising in the conduct of procurement procedures so as to avoid any distortion of competition and to ensure equal treatment of all economic operators;

(i) to indicate in their procurement documents that the award of the contract is subject to the review procedure as set forth in these regulations and to include an extract of the relevant part of the appeals process in the said documents for the guidance of economic operators;

(j) to inspect and approve, with or without amendments, tender documents, before these are issued and published;

(k) to publish every six (6) months in the Gazette the following:

(i) a list of contracts recommended for award by the Sectoral Procurement Directorate;

(ii) a list of modifications to contracts which exceed the contract value by more than five percent (5%) provided that the estimated value of the call exceeds ten thousand euro (€10,000) but is below one hundred and forty three thousand (€143,000);

(iii) a list of all modifications to contracts which had an estimated value meeting or exceeding one hundred forty three thousand euro (€143,000) but not exceeding seven hundred and fifty thousand euro (€750,000);

(l) to forward the recommendations for the award of contracts to the Departmental Contract Committee;

(m) to make recommendations in the name of the contracting authorities according to what is provided for under these regulations;

(n) to consider an extension or the cancellation of a procurement procedure; and

(o) to send a copy of the contract to the Director of contracts when he so requests.

(3) In spite of what is established in these regulations the Minister may, irrespective of the value of the contract, order that a contracting authority listed under Schedule 16 must forward the call for tenders to the Director so that they are administered by him in accordance with regulation 12 and 13.

(4) The contracts which result from a call for tenders published by the Sectoral Procurement Directorate shall be signed by the head of the contracting authority or another person who is delegated by him in writing on whose behalf the call has been published. (5) Repealed by Legal Notice 56 of 2021.

Public Contracts Review Board