LOCAL COUNCILS (TENDERING) ġ S.L.363.03 1
SUBSIDIARY LEGISLATION 363.03
LOCAL COUNCILS (TENDERING) REGULATIONS
26th November, 1993
LEGAL NOTICE 157 of 1993.
PART I
General Provisions
Citation .
(Tendering) Regulations.
Interpretation.
Cap. 363.
"bid bond" means the tender guarantee which a tenderer will be
required to submit in favour of the Council in accordance with the
tendering procedures;
"contractor" means the person or persons whose tender has been
accepted by the Tender Committee;
"Tender Committee" means the Council itself, or, if a committee
is appointed to process, evaluate and adjudicate a tender in
accordance with article 40(2) of the Act, such appointed
committee;
"tender sum" means the total sum tendered by a contractor for
any contract of works, services, materials or supplies;
"tendering procedures" means the Local Councils tendering
procedures issued by the Minister to be followed by Councils in the
execution of their duties and responsibilities under the Act and in
accordance with these regulations.
PART II
Tendering
Authorisation of 
expenditure by 
tender.
3. (1) Prior to a public call for tenders for works, services,
materials or supplies, the Secretary shall ensure that:
( a ) the proposed works, services, materials or supplies
form part of the Council’s business plan and are in
accordance with the terms of such business plan as
stipulated in article 59 of the Act;
( b ) the proposed expenditure is provided for and is in
accordance with the Council’s approved estimates of
income and expenditure, and complies with articles 56
and 61 of the Act;
( c ) there are adequate funds available to meet the
proposed or expected expenditure;
( d ) the Council has authorised the expenditure.
S.L.363.01
2 ġ S.L.363.03 LOCAL COUNCILS (TENDERING)
Councils (Financial) Regulations, a call for tenders shall be issued
when the Council requires works, services, materials or supplies in
connection with the execution of its functions.
Expenditure limit 
requiring a call for 
tenders.
S.L.363.01
4. A call for tenders shall be required if the proposed or
expected expenditure exceeds the limits defined in regulation 24 or
falls under the provisions of regulation 43, of the Local Councils
(Financial) Regulations.
Tender procedures. 5. Every call for tenders shall follow the tendering
procedures.
Tenderers may be 
required to provide 
a bid bond.
6. The Council may require that every tenderer provides a bid
bond, to be submitted with the tender offer.
PART III
Award of tenders
Opening of 
tenders.
7. The Secretary together with two Councillors appointed by
Council shall open in public the tenders submitted following a call
for tenders issued in accordance with article 40 of the Act and make
out a schedule of all tenders received.
Examination and 
adjudication of 
tenders.
8. The Tender Committee shall examine and adjudicate all
tenders submitted in accordance with article 40 of the Act.
Award of tender. 9. (1) The Tender Committee shall decide on the award of
tender, and the Secretary shall publish the Committee’s decision
according to article 40(2)( c ) of the Act.
(2) The Secretary shall issue a letter of acceptance to the
tenderer whose tender has been accepted.
PART IV
Contracts
Contractors 
required to furnish 
guarantees, etc.
10. Within seven days from the letter of acceptance, or within
such longer period as the Tender Committee may in exceptional
circumstances decide, the contractor shall provide the bonds,
guarantees or insurances required under the tendering procedures.
Signing of contract 
agreement.
11. A contract agreement shall then be signed between the
Council and the contractor.
