Since the very first days, the Ministry for Transport and Infrastructure immediately realised that works not meeting deadlines or other obligations had been the order of the day for many years. The situation was costing the country millions of euros. There were not enough deterrents for contractors who seemed to be tendering for projects when their human resources/plant capacity was already taken up in other construction projects.
Lack of compliance, unfortunately, gives rise to inconveniences. Road works are already unpleasant operations in their own nature, therefore, delays experienced when finishing a project within the stipulated time frames will only result in causing even further inconveniences to the public.
That is precisely why, as soon as the present government came into office, we did not beat around the bush and confronted the issue head-on.
Despite all the difficulties, the ministry has persisted on efficient project management and the results are there for all road users to clearly see.
Thousands of motorists who pass by ongoing projects on a daily basis can see that we are working differently. This is particularly evident in the case of projects such as the Kappara junction, which is over 40 per cent complete and has already eased traffic congestion in the area – albeit that it is still a works-in-progress. Other projects, like the Marsa junction and the Triton fountain, in Valletta, are also benefitting from this new direction in project management.
The government is doing its utmost to reduce disturbance and to mitigate against traffic congestion. One of the steps taken has been the adaptation of a culture change by introducing night roadworks more effectively. Since such works have become regular occurrences, we have come to realise that night works also permit wider and bigger road closures, which would, in turn, allow better work spaces for the contractors. People are not around when works are actually ongoing and they only realise the day after what had, in fact, been done.
Although night roadworks are coming at an additional cost, the country is still benefiting from a wider spectrum.
All roadwork permits are issued by Transport Malta, either in phases or in full after a traffic management plan is approved.
Works carried out at night are mainly focused on the arterial and distributor network as well as on heavily-trafficked roads so that long stretches can be closed off while works that do not entail road closures are done during the day.
One must also keep in mind that night works have a shorter time window than extended daytime road works. Most local council roadworks are in residential areas, which may or may not entail heavy traffic. Therefore, the default for such works would be daytime.
If a contractor has signed a contract, his obligations should be adhered to. It is the contractor’s responsibility to ensure he would implement and complete a project according to the contract documentation signed, within the required cost and time budgets and in line with the specified standards.
Today, the situation has improved but there is still a lot that needs to be done to address the prevailing situation. The success of the projects in the construction sector primarily depends on the capability and reliability of the contractor’s project manager with the assistance of the Roads and Infrastructure Directorate as the managing authority.
Project management should be carried out with a full understanding of the requirements and vision, strong experience and confidence in the project.
The Ministry for Transport and Infrastructure has initiated internal discussions with the aim of coming up with a set of stricter rules addressing project management.
We need to further guarantee good and timely works through a long-term action plan that enhances adherence in contract timeframes with respect to road infrastructural works.
Whoever fails to deliver must be held accountable.
Joe Mizzi, Minister For Transport And Infrastructure
Full compliance is key. It is imperative for all contractors, whether in the case of products or services, to be fully compliant with the requirements and specifications spelled out by the contracting authority. Product and service specifications and requirements are there for a reason – they are not capricious. They are the basis on which good workmanship and products are evaluated.
Non-compliance brings with it a series of negative repercussions. For example, using inferior products with lower specifications than those requested by the contracting authority, in most cases, turns out to be more costly on the project in the long term. It can also result in potential dangers and hazards as well as health and safety issues. Using inferior quality material for road surfacing, for example, will require more frequent maintenance, it being less durable than higher quality material - the ultimate result translates into an increase in recurrent maintenance costs as well as safety issues.
The acceptance of products and services that are non-compliant also automatically means that compliant contractors are being discriminated against.
In the case of public procurement, due attention to good governance and compliance is required both at tender stage as well as post-award. Contracting authorities must ensure they have a rigid adjudication process which is fair, transparent and gives an equal opportunity to all potential contractors.
Adjudication boards must be composed of experts in the subject matter being adjudicated, experts who have the ability to analyse thoroughly and question the tender proposals submitted. Post-award, the delivery of acceptance certificates should not be considered as a mere signing-off formality but whoever signs off the acceptance certificate should check thoroughly that all specifications, requirements and standards have been met.
However, one must also acknowledge the fact that non-compliance is not only brought about by the indomitable character of certain contractors. There are other factors beyond their control. Tender specifications are not always clear. Vague terms leave a lot of space for interpretation of compliance.
Project deadlines must be realistic. While acknowledging that, at times, local timelines cannot be changed due to external factors and EU deadlines, one must also acknowledge that the waste of time at the issue of project tenders, adjudication and award go a long way to relieving pressure on contractors’ timelines. This creates unnecessary pressures on contractor, operationally and financially. For example, to meet the go-live/completion date of a service, the contractor will have to increase the number of people working on a project, increasing significantly his tendered cost. In the case of imports, the contractor may be required to alter the planned shipping route, thereby incurring additional costs. It is human nature to then try to recoup this additional cost from elsewhere, namely from the quality of the work/material provided.
Lack of good project management from the contracting authorities’ side is also another critical factor as is the lack of timely decision-making on issues that arise during the project delivery. On its own, the imposition of penalties will not solve the non-compliance issue. The factors affecting non-compliance that are beyond contractors’ control must be addressed as well.
While on the subject of contracting, it is time to seriously consider moving further away from selection on the basis of the cheapest compliant bid scenario towards the most economically advantageous tender (MEAT) process.
Choosing the cheapest is not always the best option and the MEAT process analyses offers in a more comprehensive manner, resulting in the best overall choice of tender for the project. This would not only contribute to raising standards and increasing professionalism but also gives the possibility of rewarding those contractors who invest in green technologies, the professional development of their employees and the promotion of equality.
Marthese Portelli, Shadow Minister For Energy, Environment And Transport