Public Procurement in Malta

Annex A. Summary of recommendations

 

Recommendations	Suggestion timeline for implementation
Chapter 1: Organisational structure of public procurement	Short term	Medium Term	Long Term
Malta should continue its efforts to reinforce the monitoring function of the DoC.	X
Malta should consider implementing a helpdesk to provide support to the users of the public procurement system in order to improve service and enhance knowledge sharing in a more structured way.		X
Malta should consider further strengthening the professionalisation and capacity building functions on public procurement.	X
Malta should consider reinforcing the capacity of the SPD to deliver its mandate.		X
Malta should consider increasing gradually the SPD threshold.		X
The current sectoral structure of the SPD could evolve by considering organising progressively the SPD by purchasing categories.			X
Malta could consider rethinking the organisational structure of the DoC and exploring the possibility to centralise the tasks related to administering public procurement processes within one directorate.			X
Malta could consider introducing criteria for each Schedule for transparency and fairness purposes amongst the different contracting authorities.	X
DoC should consider organising regular discussions with contracting authorities using standard and better documented processes.	X
DoC could benefit from having formal and regular exchanges with key stakeholders of the public procurement system.	X
Chapter 2: Enhancing public procurement processes
Strategic planning could be reinforced at the entity level,		X
Malta should continue its efforts in to integrate in the regulatory framework provisions related to the development and publication of procurement plans	X
DoC should consider developing a procurement plan template to be used by all contracting authorities.	X
DoC should consider raising the awareness of contracting authorities to the existence of prior information notice (PIN) and its benefits. It could also promote using the PIN in selected tenders as pilots to demonstrate the value in its use.	X
DoC should consider providing further guidance and capacity building activities to contracting authorities on needs and market analysis.		X
Contracting authorities should consider streamlining internal processes to get the approval from the head of the contracting authority and the respective permanent secretary (when applicable) in order to enhance the efficiency of the process. .	X
DoC should consider strengthening public procurement officials’ capacity in contracting authorities in order to enhance the quality of tender documents received.		X
DoC should encourage contracting authorities to validate their own tender documents prior to submission to DoC in order to facilitate the vetting process.	X
DoC should consider standardising and reducing the layers of the vetting process in order to limit delays.		X
DoC should consider reinforcing vetting officials’ capacity to ensure coherent feedback throughout the process (through training sessions and other internal workshops to communicate issues and share best practices in order to further standardise the type of feedback provided).		X
DoC should consider promoting communications and modifications savings (through track changes or other relevant digital tools) between officials in charge of vetting and contracting authorities in order to keep track of previous modifications.	X
SPD and OD should consider setting minimum and maximum timelines for each process under their responsibility and communicating them to contracting authorities to manage expectations accordingly.	X
In efforts to increase efficiency, DoC should consider removing gradually the BPQR approval method. In tandem, the capacity of officials in establishing adequate BPQR criteria should be reinforced.		X
In order to enhance the vetting process, communication means with contracting authorities should be digitalised, centralised and secure. The choice of the ePPS or a specific platform should be based on a cost-benefit analysis. The system should enable to notify contracting authorities of i) the receipt of documents ii), the start of the process and, iii) the stage of the process. The system could also send to both contracting authorities and DoC directorates alerts when approaching key milestones and deadlines.			X
DoC may consider providing contracting authorities with access to the ePPS for the clarification stage (when DoC administers the tender).	X
DOC should reconsider their role in the line of communication between the economic operator and contracting authority. DoC could allow contracting authorities to be at the frontline of the communication with economic operators at the clarification and evaluation stages.	X
The use of multiple communication channels in tender evaluation stage should be addressed by having one centralised digital channel across the various stakeholders.			X
DoC should reconsider the need to review and approve each clarification or rectification request put forward by the evaluation committee. In doing so, evaluation committees’ capacity should be reinforced.	X
DoC may consider improving or enabling enhancements of tender evaluation functions in the ePPS.			X
DoC should reconsider its intermediary role, and empower contracting authorities to issue letters of award through the ePPS.	X
When challenging procurement decisions, Malta should consider making the use of the ePPS mandatory.	X
When OD is involved, deadlines for contract modification approval by the GCC should be established, to increase efficiencies and reduce delays.	X
DoC could consider standardising contract signing towards signing by the respective contracting authority. This would serve to eliminate inconsistencies between the directorates within DOC and increase the accountability of contracting authorities.		X
Malta should consider further digitising all processes throughout the procurement cycle. This includes integrating additional features such as the e-signature (eliminating hard copies of procurement documents) and using ePPs or other relevant platforms for exchanges between DoC and contracting authorities.			X
Malta could consider promoting the use of BPQR for different procurement categories and developing the existing guidelines on the use of BPQR with detailed breakdown of criteria and concrete examples from different procurement categories.		X
To enhance the uptake of DPS, Malta should consider removing thresholds to use DPS.	X
Malta could consider reducing or eliminating the involvement of DoC directorates at the mini competition stage derived from signed framework agreements and DPSs to enhance the efficiency of the process.	X
DoC should raise awareness on the benefits of DPS and the most adequate procurement categories to use them.	X
DoC should increase the uptake and effective adoption of DPS.		X
DoC should consider raising awareness on the advantages of using centralised procurement schemes, with tangible examples; and promoting MITA’s contracts. - exploring the possibility of centralising some relevant procurement categories gradually, considering its limited capacity, in terms of human resources	X
DoC should consider exploring the possibility of centralising some relevant procurement categories gradually, considering its limited capacity, in terms of human resources		X
Chapter 3: Risk management in public procurement
Malta should adopt a more comprehensive approach towards risk by developing a national public procurement risk management strategy covering all public entities	X
Malta should evaluate the efficiency of the different control measures in place and provide additional measures when necessary based on the identification of risks impacting the public procurement system.		X
All stakeholders involved in the control and oversight of public procurement activities should contribute to the development of a risk management framework and tools, and to the development of adequate mitigation measures.	X
DoC should lead the development of risk management tools to be used by all public entities.	X
DoC could strongly benefit form involving contracting authorities in risk identification when developing risk management tools.	X
Malta should consider involving suppliers and business associations in the discussion, exchange and sharing of experiences related to establishing and improving the management of public procurement risks in the country.	X
Chapter 4: Strategic procurement
Green Public Procurement
Malta could consider assessing the possibility to use ePPS for GPP clearance.		X
MEEE should monitor the implementation of the 2nd NAP to identify eventual bottlenecks and challenges related to achieving its higher goals.	X
Malta could consider the possibility of promoting the use of specific eco labels, when relevant, in each GPP criteria through the capability-building activities.	X
Malta could benefit from complementing the existing guidelines on GPP by adding concrete case studies and examples.		X
Malta could consider the possibility of making the GPP training mandatory, and update the course module as the guidelines and manuals are revised with concrete case studies and examples		X
Malta could consider the possibility of preparing the responses to the frequently asked questions by the GPP helpdesk to publish them online as well as to update the manuals and the training module.	X	X
Malta could benefit from communicating on the compliance of GPP criteria on a regular basis.	X
Public Procurement for Innovation
Malta should assign the leading role on public procurement for innovation (PPI) to one entity and ensure coordination mechanisms with the other stakeholders	X
Malta could benefit from developing a comprehensive strategy / action plan to advance public procurement for innovation.		X
Malta could benefit from reinforcing the capability-building system of PPI by developing a practical manual and establishing a competence centre for innovation procurement.		X
Malta could consider the possibility of promoting the use of BPQR criteria and market analysis in order to increase the uptake of GPP and PPI.	X
SME development
Malta could consider the possibility of assessing the impact of performance bonds on SMEs participation and, if relevant, increasing the threshold for requesting such bonds.		X
Malta could benefit from an SME strategy that clearly mention not only the role of public procurement in promoting SMEs development but also the role that SMEs play in promoting innovative solutions through public procurement.		X
Malta could consider the possibility of developing supporting tools to promote SMEs participation in public procurement and their role in bringing innovative solutions through public procurement.		X
Chapter 5: Enhancing the capability of the public procurement workforce
Malta could benefit from elaborating a public procurement professionalisation strategy		X
In accordance with the ProcurCompEU self-assessment survey, Malta could benefit from considering the identified top priority competences for further development of capabilities.		X
Given their role in the procurement process, Malta could benefit from making some trainings mandatory for the TEC members and provide a realistic timeline for the entry into force of such provision, taking into account the IPS capacity.		X
Malta could benefit from further developing trainings currently not available and reinforcing further the coverage of proficiency levels. The priority shall be determined by considering the results from the ProcurCompEU self-assessment survey.		X
Public procurement trainings shall be provided not only to procurement officials but also to key actors within contracting authorities such as the end-users at technical departments.	X
Malta could benefit from developing a procurement training programme oriented to the top management of contracting authorities to raise their awareness of the strategic role of public procurement.		X
Malta could benefit from setting a clear cut-off date for using the updated templates with decent prior notice and providing the opportunity of public consultation on the updated content.	X
Malta could benefit from developing more user-friendly manuals and guidelines.		X
Malta could consider preparing manuals aligned with the training programme.		X
Malta could benefit from developing a competency matrix by adjusting ProcurCompEU competency matrix to the local context and reflecting the key takeaways from the ProcurCompEU pilot survey			X
Malta could benefit from developing a national certification framework of the public procurement workforce, aligned with the competency matrix to be developed for each job profile. Training courses should be updated and aligned with the competency models and certification framework to be developed.			X
Chapter 6: Towards the development of a comprehensive measurement framework in Malta
Malta should develop a comprehensive measurement framework for public procurement, with relevant KPIs, which could, on its turn, allow the country to measure progress and their efforts to improve the public procurement system against a given baseline in different domains.	X
Malta should consider specific indicators which might be relevant for the different categories of contracting authorities but also for the directorates of the DoC involved in the procurement process. In addition, other entities could be considered, such as those in charge of the remedies system.	X
Malta should consider integrating indicators related to the aggregation of needs.	X
Malta should consider raising awareness of the different contracting authorities on the benefits of setting public procurement measurement frameworks and ensuring that the framework to be developed at the national level does not involve extensive workload from contracting authorities.	X
Malta should work towards improving data availability and quality in the e-procurement system to ensure a comprehensive evaluation of the performance of the procurement function.		X	X
Malta should also consider gradually mandating contracting authorities and economic operators to use some modules and functionalities such as the contract management one and the functionality to challenge decisions.	X
When economic operators are granted some exceptions to be exempt of using ePPS (in very specific cases), it is recommended that contracting authorities record all the relevant data in ePPS to ensure the availability of comprehensive data.	X
Malta could consider the possibility of integrating the ePPS contract management module with the accounting system (CFMS).			X
Malta could consider advancing the integration of ePPS with the banking system.			X
Contracting authorities could consider progressively digitalising their internal procurement system.	X
Contracting authorities’ internal information systems should be integrated with the e-procurement system and other governmental platforms			X
DoC could consider implementing a digital management system to track the different requests, to send alerts when needed, and to monitor the performance of its processes in an efficient manner, reducing the risks of delays in the response, mistakes, errors or duplication.		X
DoC could consider integrating a digital management system with ePPS, if possible.			X

Note : Short term : recommendations could be implemented within the next 12 months; Medium term: recommendations could be implemented between 1 to 2 years ; Long term : recommendations could be implemented in more than 2 years