An aggrieved bidder has filed a judicial protest calling upon WasteServ Malta Ltd not to award a contract until appeal proceedings are completed.

People Solutions Ltd (PSL) submitted in the First Hall of the Civil Court that it had taken part in three calls for tenders issued by WasteServ for the procurement of personnel and operators for WasteServ's sites. It then found out that all three contracts had been awarded to JF Security.

According to PSL, JF Security was not eligible to be awarded the contract because neither JF Security nor the company JF Security Services Ltd were licensed by the Director of Labour. The possession of such licence was an essential requirement according to law and, therefore, JF Security should not even have been considered. Furthermore, JF Security Services Ltd's statute did not authorise the company to provide temping services, nor to act as an employment or recruitment agency.

As a result, PSL had lodged an objection in respect of the three tenders in terms of the Public Contracts Regulations, which lay down that when an objection is lodged, the contracting authority (WasteServ) is to be precluded from concluding the contract during the period of the submission of appeals.

This notwithstanding, PSL claimed that WasteServ was making use of four drivers provided by JF Security even though the objections lodged by PSL had not been decided.

PSL called upon WasteServ to wait for the decision on the objections filed and not to award the contract until then.

Lawyer Chris Cilia signed the protest.

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