An expression of interest is not a substitute for a tender

Published: January 14, 2013 at 10:36am

An expression of interest is not a substitute for a tender. Who is Labour trying to fool? Oh, don’t bother answering that.

An expression of interest is the first call, to sort out the wheat from the chaff and yes, to find out what sort of interest there is.

After that, you have normal tendering procedures – except that in this case they can’t be, according to law, normal tendering procedures at all, because this is what is known as a public-private partnership. The rules are far more hideously complicated than they are for straightforward privatisation or public procurement. It is a specialised field of negotation, with enough documentation to fill a room.

I am sick to the gills of hearing everyone, including people like Konrad Mizzi and Louis Grech, who DEFINITELY know what an expression of interest is, use it as a substitute for tendering. Who in God’s name do they think they’re kidding – and again, don’t bother answering that.

I don’t expect that tomfool Toni Abela, who used it with such aplomb on Bondi+, to know what it is. But come on, somebody could have told him.

When an organisation (or government) decides to work on a new project, sometimes even if it’s just the simple production of marketing collateral like brochures, it makes a public call for expressions of interest (EOI). In other words, it advertises for those who are interested to show their interest.

This is normal, for crying out loud. It’s not as though you haven’t seen the advertisements in the newspapers (‘Company X requires legal services. Interested parties are asked to submit their….’). The Economist carries advertisements for expressions of interest for major projects around the world – which is, quite frankly, where an advertisement for an expression of interest for a project like this should be published.

But no, because apparently Labour are going straight to base. They have their expression of interest already and have had it for some time.

An expression of interest is pretty much the company version of a personal CV: background info, finances, experiences, number of employees, references, bios of key executives and personnel, and so on. Back in the day, this used to be called a PRE-QUALIFICATION DOCUMENT, which tells you exactly where it stands in the process chain.

You should also know, because Labour isn’t telling you but I hope the finance minister does, that AN EXPRESSION OF INTEREST NEVER CARRIES A PRICE.

The client – in this case the government of Malta – sorts through the EOIs and eliminates those who don’t make the grade. Then those who have been selected are invited to tender.

On TVAM this morning, I heard somebody say “It will not be a tender but an expression of interest”. This is beyond ridiculous. Come on, people, get a grip for God’s sake.

It’s like speaking to the natives in a pre-literate society: the easy ride Labour’s got is just incredible because everyone accepts everything unquestioningly, even though it is utterly shocking that journalists working for the mainstream press and broadcast media don’t know what an expression of interest is.

If you don’t know, then for mercy’s sake ask. IT’S YOUR JOB TO DO SO. Repeating and reiterating what Labour says makes you a tape-recorder not a reporter.

And Labour’s laughing all the way to the bank. Believe me, there is no way on earth JosephMuscat2013 doesn’t know what an expression of interest is.

Wearing adventure gear to visit a family in Comino that has voted Labour for generations anyway, and who expected the taxpayer to fund a boat to take one of them for dialysis three times a week, instead of moving to a flat in Gozo like any sensible person would.




18 Comments Comment

  1. Tania says:

    Oh, so there goes dear leader’s war on bureaucracy then, out the window already.

    • rjc says:

      That’s not a war on bureaucracy, that would be a war on democracy as respected in the EU.

      And it is EU laws that require complicated tendering requirements after the more important investors are selected through the expressions of interest.

      And as far as I know, it would be only those who make it through the first phase that can tender in the second.

  2. canon says:

    Godfrey Grima can start collecting information about the new power station so that later on he can sell the story.

  3. LE to LEjber says:

    It sounds more of a CONFLICT OF INTEREST rather than expression of interest.

  4. jack says:

    ‘Burberry’ and ‘The North Face’ – official sponsors of the PL?

  5. Crockett says:

    It is standard international practice to exert prudence and transparency when entering into private-public partnerships, especially during the pre-contractual stage.

    The PL’s plan to resort to an ‘expression of interest’, rather than the conventional process (which involves, amongst others, the submission of tenders and their careful scrutiny), adds even greater risk to what is already a house of cards. I smell a rat.

  6. Joe S says:

    Well said Daphne, that process will add another 3 to 4 months before award to the preferred bidder.

    It is obvious that Konrad has never participated in any tender in his life.

    I have been doing this on an international level for the past 30 years.

    • Anthony Briffa says:

      Joe S, of course they know what an expression of interest is all about.

      They have all the arrangements in place and when in government they will ride roughshod over all the institutions, the MEPA, HSE, etc.

      Already, all the Labour mayors of the area are very comfortable with all the plans, even though they were were never consulted.

      Maybe the only obstacle would be Astrid Vella with her protest walks in the countryside, demonstrations in Valletta, and sit-ins in Marsaxlokk and thereabouts during construction.

  7. Angus Black says:

    Ah, Daphne, but remember that the Labour Party already has an ‘investor’ in mind and for the last several months the investor’s lawyers have been drafting a tendering document strictly favouring him and which will be rubber-stamped by Joseph.

  8. J.Bonello says:

    You are assuming that Joseph Muscat and the Labour government do not intend to withdraw Malta’s membership from the EU.

    I feel that it is a gratuitous assumption at best. If our membership in the EU is withdrawn, than probably the MLP should find no problem to bypass the tendering process or otherwise break the law.

    After all, experience has shown that they are more than used to that.

  9. A.Costa says:

    Abstract from the Public Procurement Act:

    “competitive dialogue” means a procedure in which any economic operator may request to participate and whereby the contracting authority conducts a dialogue with the candidates admitted to that procedure, with the aim of developing one or more suitable alternatives capable of meeting its requirements, and on the basis of which the candidates chosen are invited to tender. For the purpose of recourse to the procedure, a public contract is considered to be “particularly complex” where the contracting authorities are not objectively able to define the technical means in accordance with regulation 46(2)(b), (c) or (d), capable of satisfying their needs or objectives, and, or they are not objectively able to specify the legal and, or financial make-up of a project;

    View also:
    http://ec.europa.eu/internal_market/publicprocurement/docs/explan-notes/classic-dir-dialogue_en.pdf

  10. Lomax says:

    “INSTEAD OF MOVING TO A FLAT IN GOZO LIKE ANY SENSIBLE PERSON WOULD.”

    My thoughts exactly. I was thinking exactly the same thing yesterday and this morning.

    I try to see things from other people’s point of view. Perhaps they find it difficult to change residence.

    Perhaps they are tied to Comino for a living. I don’t know.

    However, I would move if my life depended on it, literally.

    I’ve moved house with my family for less serious reasons. I really don’t know. Perhaps I see things differently.

  11. Leli says:

    Michelle is forever parading about in clothes that wear her, rather than the other way round. Batuta, miskina.

  12. Riya says:

    Joseph Muscat already made it public that he does not bother what our own courts decides as he will go his way. A solid example was in the case of the VAT on new cars. So let alone what he would do with regards to EU regulations.

    This person is very dangerous and God forbid he gains power. He is already saying these things from the opposition, so imagine what he would be able to do if he is voted to govern our Island.

    We will surely lose all that we have gained with the brains of Dr. Fenech Adami and Dr. Laurence Gonzi and it will be a pity for all Maltese both Nationalist and Labour of good faith.

  13. Vanni says:

    PN never learn, they keep reacting to Muscat’s machinations:

    http://www.timesofmalta.com/articles/view/20130114/local/comino-resident-to-get-assistance.453228

    For God’s sake, they’d better find some clear thinking political strategists to lead this campaign, because at this rate, Labour will win by 30 points. Here’s a tip for the Dar Centrali:

    “Thus the expert in battle moves the enemy, and is not moved by him.”
    ― Sun Tzu, The Art of War

  14. Giuseppe Delfiore says:

    In-nies ta’ Hal Lija qeghdin attenti sabiex jaraw lil Joseph jaghmel l-ewwel miraklu sabiex ikun aktar facli li jghaddulu t-titlu vakanti ta’Salvatur.

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