The Valletta council’s award of waste collection tenders proved controversial. Photo: Darrin Zammit LupiThe Valletta council has been told it breached public procurement laws when it awarded waste collection tenders without a call for quotations, Times of Malta has learnt.
The Local Government Department has written to the council and ordered it to continue using the previous mixed waste operator, Anthony Zammit, and issue fresh tenders until the matter relating to the new contracts is settled.
The issue dates back to October 2012 when the council issued three tenders: one for the collection of waste from the commercial centre; another for street sweeping; and one for collection of mixed waste.
After the time window to submit tenders elapsed a month later, the council adjudicated the submissions, which were all awarded to one bidder: Waste Collection Limited.
Five days after the closing date, Waste Collection Limited started to provide the service despite two appeals filed by other bidders who felt aggrieved by the council’s decision.
We want answers and we want heads to roll
Mr Zammit filed his appeal before the Public Procurement Review Board over the tender for the collection of waste from the commercial centre and the tender for street sweeping.
The board ruled in his favour and ordered the council to reissue both tenders.
It also directed the council to reimburse Mr Zammit the money he paid to file the appeal, amounting to one per cent of the recommended contract value.
Waste Collection Limited appealed against the board’s decision in court.
A third bidder, Antoine Bartolo, filed a separate appeal on the last tender for the collection of mixed waste.
However, despite the pending appeal, Mr Zammit was informed on April 7 that his last day of operation was April 10.
A day later, the service was provided by Waste Collection Limited.
Joe Attard, a GRTU official who has taken up Mr Zammit’s case, confirmed the sequence of events and questioned how the council had awarded the contract to Waste Collection Limited without issuing a call for quotations and without an adjudication process.
Mr Attard said the council should have issued a fresh call for the temporary provision of the service until the tendering process was ironed out and the appeals heard.
“Who will shoulder responsibility for this? Why was no call for quotations issued? Why did the council not follow the rules? How is Waste Collection Limited being paid for these services? Why was this company given the right to operate? Is he a unique service provider?” Mr Attard said, listing a series of unanswered questions when contacted.
“We want answers and we want heads to roll. We request the resignation of whoever is responsible for this mess,” a visibly irked Mr Attard said.
He confirmed he had spoken to Parliamentary Secretary for Local Councils José Herrera, who assured him he would look into the matter.
A day after this meeting was held, the Monitoring Unit within the Department for Local Government wrote to the council advising it was in breach of procurement legislation
Valletta mayor Alexiei Dingli said when contacted that the matter had since been settled with the Monitoring Unit but did not explain how the council planned to proceed.