What is public procurement?

Public procurement refers to the process by which governments and public sector institutions acquire goods, services, and construction works. In Malta and across the EU, procurement is regulated to ensure transparency, competition, and efficient use of public funds. Contracting authorities must comply with EU directives and local legislation regarding thresholds, procedures, and documentation.

Contracting Authority

A contracting authority is any public body that is obliged to conduct procurement procedures under the law. This includes ministries, municipalities, regional councils, public institutions, and in some cases, private entities using majority EU or government funds. Contracting authorities can be ‘classical’ (general public bodies) or ‘sectoral’ (operating in water, energy, transport, or postal services).

Economic Operator / Bidder

An economic operator or bidder is any individual or legal entity that submits a tender in a procurement procedure. This may include companies, partnerships, or branches of foreign businesses operating in Malta. All bidders must comply with eligibility, technical, and financial requirements set out in the call for tenders.

Subcontractor

A subcontractor is a party engaged by the main contractor (bidder) to fulfill part of the procurement contract. Subcontractors must be disclosed during the tender process and are subject to similar compliance rules as the main contractor.

CPV Codes

View official CPV code list

Common Procurement Vocabulary (CPV) codes are used to classify the subject of procurement contracts. They create a standardized reference system across the EU to make tenders easier to find and compare.

Source: SIMAP – CPV codes

Aggregation of Contracts

Procurement rules require the aggregation of similar purchases when estimating the contract value. If multiple purchases serve the same purpose, are expected within 12 months, and could be awarded to the same supplier, they must be treated as one procurement to avoid artificial contract splitting.

Electronic Auction

An electronic auction is a repetitive process using electronic means to allow tenderers to submit new, more competitive offers after an initial evaluation. It is used to obtain better pricing or value for specific parts of a bid.

Procedural Regimes

Procurement procedures are classified based on contract value. If the estimated value exceeds EU thresholds, the procedure falls under the ‘EU regime’ and must comply with European directives. If it only exceeds national thresholds, the ‘national regime’ applies. Malta’s procurement thresholds are aligned with EU law but may differ in implementation.

Local Government Budget Entity

Refers to public entities under the direct supervision of Maltese local councils, such as municipal offices, regional authorities, or administrative units that manage local services with public funds.

Exclusive Right

A legal or administrative decision granting one or a limited number of operators the right to carry out a specific activity or provide a particular service. Exclusive rights must be respected in procurement procedures and can justify restricted competition under certain conditions.

Preparation of Procurement Procedure

Includes all preparatory steps required to launch a procurement process: market research, defining estimated value, drafting contract notices and tender documentation. Proper preparation ensures transparency and efficiency.

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Technical Specifications

A set of technical requirements that define the characteristics of goods, services, or works to be procured. These may include quality standards, performance, environmental and accessibility requirements, and compliance procedures. For construction, specifications also cover methods, inspection rules, and quality control.

Central Government Body

A ministry or national authority governed directly by the Government of Malta or its delegated departments. These bodies operate under specific budget lines and represent the core of national administration.

Framework Agreement

An agreement between one or more contracting authorities and one or more economic operators to establish the terms—especially price and quantity—of contracts to be awarded over a specified period.

Restricted Procedure

A procurement procedure where only pre-selected candidates are invited to submit full tenders. The selection is based on eligibility and capacity criteria.

Open Procedure

A procurement procedure where any interested economic operator may submit a tender. It is the most transparent and widely used type of procedure in the EU.

Candidate (Design Contest)

A natural or legal person participating in a design contest, often used in architecture or planning. May include EU-based or international entities.

Request to Participate

A submission made by an economic operator during the initial phase of a multi-stage procedure, indicating their interest in taking part in the tender process.

Grant / Subsidy

A financial or material contribution provided to a contracting authority to support the performance of a public contract. This excludes tax exemptions and guarantees.

Loss of Funding

If procurement procedures financed through EU or national grants are found to breach regulations, authorities may reduce or withdraw funding. Violations of public procurement law can lead to repayment of subsidies.

Negotiated Procedure

A procurement procedure in which the contracting authority negotiates contract terms with one or more selected economic operators. This is used under specific legal conditions.

Design Contest

A specific type of procedure, mainly used in architecture or urban planning, where a contracting authority selects the best design from submitted proposals, with or without monetary rewards.

Competitive Dialogue

A procedure where the contracting authority engages in dialogue with pre-selected candidates to define the best solution before inviting final offers. Commonly used in complex or innovative projects.

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