A court has turned down a request by the Malta Chamber for Small and Medium Enterprises - GRTU to issue a warrant of prohibitory injunction to stop the authorities from adjudicating a tender for the leasing of computers to schools and the civil service.
The government can therefore proceed with the tendering process that had been provisionally halted due to a provisional court ruling overturned yesterday.
The Malta Information Technology and Training Services Limited (MITTS) said that, in light of the court's decision, the tender process will proceed and the deadline has been extended to August 10 at midday.
On June 5 the GRTU filed an application - against the Prime Minister, the Finance Minister, the Minister of IT and Investment, the Director General of Contracts and MITTS - for a warrant of prohibitory injunction to stop the authorities from adjudicating a tender for the leasing of computers to schools and the civil service.
It explained that on April 25 the government issued an invitation to tender for the "leasing of personal computers/laptops and workstation support services" closing on June 6.
The GRTU said the invitation to tender included a bid bond of Lm25,000 and various other conditions that hindered its members from the opportunity of submitting their offer and competing in a free and transparent way. On June 5, its request for a warrant was provisionally upheld by the First Hall of the Civil Court.
In a reply filed on June 8 the authorities submitted that the GRTU had no legal interest in filing the application. The GRTU was not entitled to file judicial action on behalf of its members who were allegedly suffering damages.
They further claimed that the invitation to tender had been prepared in such a way that any potential bidder could submit its offer for the leasing of computers and monitors.
The request for a bid bond accompanying the tender resulted from law, and it was normal practice for such a bond to amount to between one or two per cent of the contract value. In such manner, the authorities could ensure they would receive serious offers.
Furthermore, the government had clarified that, in the event that a bidder chose to tender for support or transfer of information only, the bid bond would be cut to Lm5,000.
The authorities added that any potential tenderer could form a joint venture or consortium with others. The tender document also stipulated that all computers or monitors were to be of the same brand so that the government would be assured of the provision of equipment of a guaranteed quality.
After hearing submissions, the First Hall of the Civil Court, presided over by Mr Justice Joseph Micallef, turned down the GRTU's request to issue a warrant of prohibitory injunction. This was mainly because it did not result, prima facie, that the GRTU had any right that could be protected by the issue of a warrant.