The Mcast ICT tender

Facts have proved me right in calling for an investigation on how Mcast awarded contracts to ICT private training providers to cater for about 600 students who cannot be accommodated at Mcast.

Five companies tendered for this contract: Key Services (CC Training), Swatar Training Centre (STC), Computer Domain, Future Focus and St Martin's. Every bidder had to obtain at least 70 marks on the basis of their ability to meet the established criteria such as accessibility for disabled students, five years' experience in teaching ICT and educational premises having the necessary Education Ministry and Mepa permits. When the adjudication board drew up a first report the five bidders were given the following marks: Key Services 61, STC 64.2, Computer Domain 72.6, Future Focus 65.6 and St Martin's 64.2.

At this stage the adjudication board chaired by ICT Institute director Juan Borg Manduca did not award the contract to the only bidder that qualified - Computer Domain - and instead proceeded to change the original marks and all the five bidders were awarded 70 marks or over. Key Services were given 70, STC 71.6, Computer Domain 79.2, Future Focus 74.2 and St Martin's 73.2.

Computer Domain appealed against this decision and its case was heard by the Appeals Board of the General Contracts' Committee. In its report the appeals board noted the failure of all the adjudication board members to analyse all the tender document provisions before proceeding with the assessment of offers.

"This (appeals) board cannot but exclaim its amazement in this regard, questioning, in the process, how the adjudication board could have worked on the assumption that the pass mark was set at 50 per cent of the total score when the tender document had fixed a threshold of 70 per cent.

"The PCAB (Public Contracts Appeals Board) cannot condone such unprofessional conduct no matter what excuses are brought about. The board cannot but argue that had all the adjudication board members properly carried out the work they were entrusted with carrying out in the first place this objection would, in all probability, not have been raised."

The board also expressed concern that the original report was superseded by another without either a hard or, at least, a soft copy of the original report being retained. I can prove that this report was shredded by a female clerk at Mcast acting on superior orders.

After the adjudication board reached its decision, Mr Borg Manduca asked his deputy to check the centres for accessibility. He then ignored what his deputy discovered when he went round the ICT centres. I have obtained a copy of this report and this is what it says about two of the ICT centres that were judged to meet the criteria of accessibility by the adjudication board headed by Mr Borg Manduca: "There is no access for persons with disability and no effort has been made to upgrade the premises to this effect. No ramp, no lift, no special toilets. The premises are spread over three floors with classrooms mainly on the top floor".

"The premises (of another ICT centre) are not accessible to persons with disability since there are a number of steps to go into the building before accessing the lift, which is not big enough to cater for any wheelchair and, therefore, not compliant with the requirements laid down by KNPD. Last year, they had a student who was using crutches who had to be transferred to Mcast Paola because she was having problems accessing her classes because of the steps in front of the building and because the lift was out of order many times."

Instead of disqualifying these ICT centres Mr Borg Manduca's board recommended them for the award of the tender. To make matters worse, the government has decided to ignore the fact that the police have taken legal actions against Future Focus and Key Services for making false declarations when they submitted their bids and have directed the General Contracts' Committee to award the contract to these two as well.

The government should be ashamed of itself for not only condoning but also encouraging public institutions and private companies to flout laws and break rules and regulations on which the rule of law and good democratic and efficient governance are based.

Mr Bartolo is a Labour member of Parliament.