Contracts appeals hearings to resume after long pause

The government’s mechanism for hearing appeals by objectors on how government tenders are decided has finally resumed its work after a long hiatus permitted by the prime minister.

The Public Contracts Review Board (PCRB) has been dormant since last June. It has accumulated objections over many procurement decisions, in some instances worth hundreds of millions.

Prime Minister Robert Abela, responsible for appointing PCRB members, took months to renew expired appointments, stalling the appeals process on major projects.

Appeal hearings are now expected to resume next week, following the re-appointment of lawyer and Labour Party activist Vince Micallef as the board’s vice chairman, Keith Victor Grech as a member, and Lawrence Ancilleri and Damien Gatt as substitute members. Accountant Kenneth Swain is the chairman.

While the government has not given a reason for the PCRB’s stalling of meetings since last June, sources said it was related to a court decision about a Wasteserv tender.

In a decision made by the Court of Appeals regarding a €600 million tender awarded by Wasteserv to a consortium involving Bonnici Brothers, it was decided that the PCRB members had a conflict of interest when deciding about the tender.

Chief Justice Mark Chetcuti focused on the conflict involving Chairman Kenneth Swain, Vice Chairman Micallef, and substitute member Stephanie Scicluna Laiviera.

The Court cancelled the decision to award the tender to Bonnici Group and that the same PCRB, under a different composition, was to re-evaluate the tender.

It is still being determined how the Wasteserv impasse will be tackled and which members will decide the way forward.

The PCRB does not have the last word on government tenders, and many in the industry consider it another government rubber stamp. However, its decisions can be appealed in Court, which has the final say.