Technology
Injunction over ICT leasing tender not upheld
By MaltaMedia News
Aug 3, 2007 - 5:04:58 PM

The First Hall of the Civil Court did not uphold an application for the issue of a warrant of prohibitory injunction to halt the government from concluding the process of a tender for the leasing of computers and laptops in schools and the public service.  

The application was filed on the 5th June by the Malta Chamber for Small and Medium Enterprises (GRTU) against Prime Minister Lawrence Gonzi, Minister for Investment, Industry and Information Technology (IT) Austin Gatt, the Director of General Contracts and the Malta Information Technology and Training Services Limited (MITTS), which issued the tender. Following the Court’s decision the tender’s closing date has been extended to Friday 10th August.    

Speaking of the GRTU’s complaint on the Guarantee of Offers, the Court said that this requirement emerged from the law its self and is in place to protect the seriousness of the chosen company’s offer if it is called on  to enter a binding contract. The Court added that the GRTU’s argument does not result to stem from a prima facie right.  

The Court also ruled that it saw nothing wrong that the desktop computers would be bought in only one make, adding that the entity making a call for offers has the right to chose what it wants.    

The GRTU had said prior to its recourse in Court that the tender to procure government computers through one leasing contract will “kill small Information and Communications Technology (ICT) enterprises born in the recent years.”  

However, the Ministry for Investment, Industry and Information Technology rebated the claim. The Ministry also said that the tender does not introduce any requirement that only a single provider, manufacturer or brand is engaged to lease the required products and services requested by the tender.