A medical supplies company has gone to court over a tender for suturing material issued by the government, saying that the process was moving ahead in spite of a pending appeal.

ProCare Ltd, a medical supplies company based in Mosta, wants to stop the tendering process from continuing, saying that it would be against fundamental principles of justice if it went ahead.

The tender, numbered 020-6655/17, concerns the supply of monofilament polypropylene sutures. It was apportioned into seven lots, six of which had been awarded to a rival bidder, with the last lot being awarded to ProCare Ltd.

In view of this, ProCare Ltd had filed an objection before the Public Contracts Review Board which only partly upheld the objection. The company appealed that decision.

This appeal ought to have brought about the suspension of the tendering process. However, the government’s Central Procurement and Supplies Unit went ahead, inviting the winning bidders, namely ProCare Ltd and its rival, to sign the final contract.

In a judicial protest filed on Wednesday, the company argued that this was contrary to normal procedures and in breach of the basic principles of justice.

Allowing the finalisation of the tender while an appeal was still pending would result in a ‘serious prejudice’ for the protesting company which was, therefore, calling upon the First Hall, Civil Court to halt the process, whilst holding the CPSU responsible for damages.

Lawyer Robert Galea signed the judicial act.