Judge refuses to halt adjudication of new hospital cleaning contract

A court yesterday dismissed a consortium's request to issue a warrant of prohibitory injunction against the adjudication of tenders for cleaning services at Mater Dei Hospital.

The consortium, Servizzi Malta, embraces Bad Boy Cleaning Services Ltd, Euro Hygiene International Ltd, MCCS Co. Ltd and Coopservices Coop Sa.

The First Hall of the Civil Court was asked to prohibit the Director of Contracts from continuing with the adjudication process of the tenders submitted in connection with the provision of cleaning services at the new hospital.

Mr Justice Geoffrey Valenzia noted that the consortium was claiming that another bidder - also a consortium - for the cleaning services contract was ineligible as two of its members were companies that did not have the provision of such services included in their memoranda and articles of association. This consortium should be eliminated before the adjudication process took place, Servizzi Malta argued.

The Director of Contracts told the court this was the second request filed by Servizzi Malta for the issue of a warrant of prohibitory injunction.

According to law, the director added, no bidder could stop him from implementing a decision by the Appeals Board, which was final and binding.

Mr Justice Valenzia ruled that, in order for a warrant to be issued, the court had to be satisfied that the applicant had a right to be protected and that the warrant was necessary to protect such a right. Furthermore, such a warrant could only be issued to halt an action and not to force the respondent to do something.

In this case, it was clear that Servizzi Malta was aiming at obtaining an order to force the Director of Contracts to do something, because the consortium wanted the director to disqualify another bidder.

The court concluded that, prima facie, Servizzi Malta had no right that ought to be protected through the issue of a warrant. It, therefore, dismissed the consortium's application.