Firm accuses Enemalta of abuse over tender call

A company yesterday filed a judicial protest in the First Hall of the Civil Court claiming that Enemalta Corporation's actions in a call for tenders was illegal and abusive.

ETAS & S Electromechanical Supplies and Services Limited said Enemalta had issued a public call for tenders for the supply of a soft starter panel. Tenders had to be received by September last year.

The company had submitted its tender and was subsequently asked by the corporation, on three occasions, to file clarifications and amended drawings as well as an itemised price list. The corporation had also requested the company to submit another set of amended plans.

This indicated that the company's tender satisfied the technical specifications of Enemalta's requirements.

Last month, however, Enemalta had once again issued a public call for tenders for the supply of the soft starter panel, which call was identical to the first but expired on May 18.

Furthermore, it added, Enemalta had made illicit use of the amended plans submitted by the company and had annexed the plans to the document of the call for tenders. This was done without the company's knowledge or consent.

Enemalta then told the company the first call for tenders had been withdrawn.

The company claimed that the withdrawal of the first tender together with the issue of the second call for tenders was illegal and abusive and so was the illicit use by Enemalta of the company's plans.

ETAS & S called upon Enemalta to immediately withdraw the second call for tenders and to conclude the final contract for the soft starter panel with the company. The company also reserved its rights to sue for damages.

Dr Tanya Sciberras Camilleri signed the protest.