UM 1713
Tender for Resurfacing of Roads at the
University of Malta using environmentally sound
construction methods and materials.
Date Published:
6th June 2013
Closing Date:
26th June 2013
at 10:00am CET
Cost of the Tender Document: €20.00
IMPORTANT:
No Bid Bond is requested for this tender
Clarifications shall be uploaded and will be available to view/download from
www.um.edu.mt/procurement
University of Malta, Procurement Directorate, Administration Building Msida MSD 2080, Malta.
Tel: (356) 2340 2212/3/5. Fax: (356) 21314307 Email: tenders.procurement@um.edu.mt
Page 1
Table of Contents
Table of Contents ........................................................................................... 2
VOLUME 1 SECTION 1 – INSTRUCTIONS TO TENDERERS .............................................. 5
A. GENERAL PART ........................................................................................... 5
1. General Instructions ................................................................................... 5
2. Timetable ............................................................................................... 5
3. Lots ...................................................................................................... 5
4. Financing ................................................................................................ 6
5. Eligibility ................................................................................................ 6
6. Selection Criteria ...................................................................................... 6
7. Multiple Tenders ....................................................................................... 7
8. Tender Expenses ....................................................................................... 7
9. Site Inspection ......................................................................................... 7
B. TENDER DOCUMENTS.................................................................................... 7
10. Content of Tender Document....................................................................... 7
11. Explanations/Clarification Notes Concerning Tender Documents ............................. 8
12. Labour Law ............................................................................................ 8
13. Law ..................................................................................................... 8
C. TENDER PREPARATION ................................................................................. 8
14. Language of Tenders ................................................................................. 8
15. Presentation of Tenders ............................................................................. 9
16. Content of Tender (Single-Envelope System) .................................................... 9
17. Tender Prices ........................................................................................10
18. Currencies of Tender and Payments ..............................................................10
19. Period of Validity of Tenders ......................................................................10
20. Tender Guarantee (Bid Bond) .....................................................................11
21. Variant Solutions ....................................................................................11
22. Preparation and Signing of Tenders ..............................................................11
D. SUBMISSION OF TENDERS ............................................................................ 11
23. Sealing and Marking of Tenders ...................................................................11
24. Extension of Deadline for Submission of Tenders...............................................11
25. Late Tenders .........................................................................................12
26. Alterations and Withdrawal of Tenders ..........................................................12
E. OPENING AND EVALUATION OF OFFERS ........................................................... 12
27. Opening of Tenders .................................................................................12
28. Secrecy of the Procedure ..........................................................................12
29. Clarification of Tenders ............................................................................13
30. Tender Evaluation Process .........................................................................13
31. Correction of Arithmetical Errors .................................................................14
F. CONTRACT AWARD .................................................................................... 14
32. Criteria for Award ...................................................................................14
33. Right Of The University of Malta To Accept Or Reject Any Tender ..........................14
34. Notification of Award, Contract Clarifications ..................................................14
35. Contract Signing and Performance Guarantee ..................................................15
36. Commencement of Works (Order To Start Works) ..............................................15
G. MISCELLANEOUS ....................................................................................... 16
37. Ethics Clauses ........................................................................................16
38. Data Protection and Freedom of Information ...................................................16
39. Gender Equality .....................................................................................17
VOLUME 1 SECTION 2 – TENDER FORM ................................................................ 18
Page 2
VOLUME 1 SECTION 3 – TENDER GUARANTEE FORM – Not Applicable for this tender........ 22
Annex To Tender Guarantee Form – Not Applicable for this tender ..............................23
VOLUME 1 SECTION 4 - TENDERER’S STATEMENTS ................................................. 24
1. Statement on Conditions of Employment .........................................................24
2. Experience as Contractor ............................................................................25
3. Literature/List of Samples ..........................................................................27
VOLUME 1 SECTION 5 – GLOSSARY ..................................................................... 28
VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC PROCUREMENT REGULATIONS ....... 30
VOLUME 2 SECTION 1 – DRAFT LETTER OF ACCEPTANCE.......................................... 31
VOLUME 2 SECTION 2 – GENERAL CONDITIONS ...................................................... 32
VOLUME 2 SECTION 3 – SPECIAL CONDITIONS........................................................ 33
Article
Article
Article
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Article
Article
a)
b)
2: Law and language of the contract ............................................................................... 33
3: Order of precedence of contract documents .................................................................. 33
4: Communications .................................................................................................... 33
5: Supervisor and Supervisor's representative .................................................................... 33
8: Supply of Documents .............................................................................................. 34
10: Assistance with Local Regulations ............................................................................. 34
11: The Contractor’s Obligations ................................................................................... 34
13: Performance Guarantee ......................................................................................... 36
14: Insurance ........................................................................................................... 36
All risks insurance: .............................................................................. 36
Third party insurance: ........................................................................... 37
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15: Performance Programme (Timetable) ......................................................................... 37
17: Contractor’s Drawings............................................................................................ 37
18: Tender Prices ...................................................................................................... 37
22: Interference With Traffic ........................................................................................ 37
25: Demolished Materials............................................................................................. 37
26: Discoveries ......................................................................................................... 37
28: Soil Studies ......................................................................................................... 37
30: Patents and Licences ............................................................................................. 37
31: Commencement Date ............................................................................................ 38
32: Period of Performance ........................................................................................... 38
34: Delays in Execution ............................................................................................... 38
35: Variations and Modifications .................................................................................... 38
37: Work Register ...................................................................................................... 38
38: Origin ................................................................................................................ 38
39: Quality of Works and Materials ................................................................................. 38
40: Inspection and Testing ........................................................................................... 39
42: Ownership of Plants and Materials ............................................................................. 39
43: Payments: General Principles .................................................................................. 39
44: Pre-financing ...................................................................................................... 39
45: Retention Monies .................................................................................................. 39
46: Price Revision ...................................................................................................... 39
47: Measurement ...................................................................................................... 40
48: Interim Payments ................................................................................................. 40
50: Delayed Payments ................................................................................................ 40
53: End Date ............................................................................................................ 40
56: Partial Acceptance................................................................................................ 40
57: Provisional Acceptance .......................................................................................... 40
58: Maintenance Obligations......................................................................................... 40
66: Dispute Settlement by Litigation ............................................................................... 40
VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE .................................. 41
VOLUME 2 SECTION 5 – SPECIMEN PRE FINANCING PAYMENT GUARANTEE – Not Applicable
for this tender ............................................................................................. 42
VOLUME 2 SECTION 6 – SPECIMEN RETENTION GUARANTEE – Not Applicable for this
Tender ...................................................................................................... 43
VOLUME 3 - TECHNICAL SPECIFICATIONS ............................................................. 44
VOLUME 4 – FINANCIAL BID.............................................................................. 53
VOLUME 5 – DRAWINGS .................................................................................. 62
Page 3
List of drawings attached ...............................................................................62
List of design documents available – Not Applicable ...............................................63
~~~~~~~~~~~~~~~
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VOLUME 1 SECTION 1 – INSTRUCTIONS TO TENDERERS
A. GENERAL PART
1. General Instructions
1.1
In submitting a tender, the tenderer accepts in full and in its entirety, the content of this
tender document, including subsequent Clarifications issued by the University of Malta,
whatever his own corresponding conditions may be, which he hereby waives. Tenderers are
expected to examine carefully and comply with all instructions, forms, contract provisions and
specifications contained in this tender document.
No account can be taken of any reservation in the tender as regards the tender document; any
disagreement, contradiction, alteration or deviation shall lead to the tender offer not being
considered any further.
The Evaluation Committee shall, after having obtained approval by the Departmental Contracts
Committee, request rectifications in respect of incomplete/non-submitted information
pertinent to the documentation as outlined in sub-Clause 16.1(a), 16.1(b), and 16.1(c) of these
Instructions to Tenderers. Such rectification/s must be submitted within two (2) working days
from notification, and will be subject to a non-refundable administrative penalty of €50: failure
to comply shall result in the tender offer not being considered any further.
No rectification shall be allowed in respect of the documentation as outlined in sub-Clause
16.1(d), 16.1(e) and 16.1(f) of these Instructions to Tenderers. Only clarifications on the
submitted information in respect of the latter may be eventually requested.
1.2
This is a call for tenders for environmentally friendly Roads Resurfacing Works at the University of
Malta.
1.3
This is a unit-price (Bill of Quantities) contract.
1.4
The tenderer will bear all costs associated with the preparation and submission of the tender. The
University of Malta will in no case be responsible or liable for such costs, whatever the conduct or
outcome of the procedure.
1.5
The University of Malta retains ownership of all tenders received under this tender procedure.
Consequently, tenderers have no right to have their tenders returned to them.
2. Timetable
DATE
Clarification Meeting/Site Visit
(Refer to Clause 9)
Deadline for request for any additional information
from the Contracting Authority
Last date on which additional information are
issued by the University of Malta
Deadline for submission of tenders /
Tender Opening Session
TIME*
Not Applicable
---------
Monday, 17th June 2013
5.15pm
Wednesday, 20th June 2013
5.15pm
Wednesday, 26th June 2013
10:00am
(unless otherwise modified in terms of Clause 11.3)
* All times Central European Time (CET)
3. Lots
3.1
This tender is not divided into lots, and tenders must be for the whole of quantities indicated.
Tenders will not be accepted for incomplete quantities.
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4. Financing
4.1
The project is financed from local budget funds.
4.2
The beneficiary of the financing is the University of Malta.
5. Eligibility
5.1
Participation in tendering is open on equal terms to all natural and legal persons of the Member
States of the European Union, the beneficiary country, any other country in accordance with
Regulation 76 of the Public Procurement Regulations.
5.2
Natural persons, companies or undertakings who fall under any of the conditions set out in
Regulation 50 of the Public Procurement Regulations, 2010 (Legal Notice 296 of 2010) may be
excluded from participation in and the award of contracts. Tenderers or candidates who have been
guilty of making false declarations will also incur financial penalties representing 10% of the total
value of the contract being awarded.
5.3
Tenders submitted by companies forming a joint venture/consortium must also fulfil the following
requirements:
One partner must be appointed lead partner and that appointment confirmed by submission of
powers of attorney signed by legally empowered signatories representing all the individual
partners. The tender must include a preliminary agreement or letter of intent stating that all
partners assume joint and several liability for the execution of the contract, that the lead
partner is authorised to bind, and receive instructions for and on behalf of, all partners,
individually and collectively.
All partners in the joint venture/consortium are bound to remain in the joint
venture/consortium until the conclusion of the contracting procedure. The consortium/joint
venture winning this contract must include the same partners for the whole performance period
of the contract other than as may be permitted or required by law.
5.4
All materials, equipment and services to be supplied under the contract must originate in an
eligible country. For these purposes, "origin" means the place where the materials and/or
equipment are mined, grown, produced or manufactured and/or from which services are provided.
6. Selection Criteria
6.1
In order to be considered eligible for the award of the contract, tenderers must provide evidence
that they meet or exceed certain minimum qualification criteria described hereunder.
In the case of a joint venture, the joint venture as a whole must satisfy the minimum
qualifications required below.
6.1.1
No evidence of economic and financial standing is required.
6.1.2
Information about the tenderer's technical capacity.
(An economic operator may, where appropriate and for a particular contract, rely on the
capacities of other entities, regardless of the legal nature of the links which it has with them. It
must in that case prove to the contracting authority that it will have at its disposal the resources
necessary for the execution of the contract, for example, by producing an undertaking by those
entities to place the necessary resources at the disposal of the economic operator)
This information must follow the forms in Volume 1, Section 4 of the tender documents and
include:
evidence of relevant experience in execution of works of a similar nature over the past one
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(1) year, including the nature and value of the relevant contracts, as well as works in hand
and contractually committed. The minimum value of projects of a similar nature completed
shall be not less than €10,000.00 per annum.
The minimum number of projects of a similar scope/nature completed in the last one (1)
year must be at least (1) in number.
In so listing the end clients, the tenderer is giving his consent to the Evaluation Committee,
so that the latter may, if it deems necessary, contact the relevant clients, with a view to
obtain from them an opinion on the works provided to them, by the tenderer.
Data concerning sub-contractors and the percentage of works to be sub-contracted:
The maximum amount of sub-contracting must not exceed 50% of the total contract value.
The main contractor must have the ability to carry out at least 50% of the contract works
by his own means.
7. Multiple Tenders
7.1
A tenderer may submit multiple tender offers.
7.2
A company may not tender for a given contract both individually and as a partner in a joint
venture/consortium.
7.3
A company may not tender for a given contract both individually/partner in a joint
venture/consortium, and at the same time be nominated as a sub-contractor by any another
tenderer, or joint venture/consortium.
7.4
A company may act as a sub-contractor for any number of tenderers, and joint ventures/consortia,
provided that it does not participate individually or as part of a joint venture/consortium, and that
the nominations do not lead to a conflict of interest, collusion, or improper practice.
8. Tender Expenses
8.1
The tenderer will bear all costs associated with the preparation and submission of the tender.
8.2
The University of Malta will neither be responsible for, nor cover, any expenses or losses incurred
by the tenderer through site visits and inspections or any other aspect of his tender.
9. Site Inspection
9.1
A tenderer may visit the site of the works and its surroundings for the purpose of assessing, at his
own responsibility, expense and risk, factors necessary for the preparation of his tender and the
signing of the contract for the works.
B. TENDER DOCUMENTS
10. Content of Tender Document
10.1
The set of tender documents comprises the following documents and should be read in conjunction
with any clarification notes issued in accordance with Clause 24:
Volume 1
Volume 2
Volume 3
Volume 4
Volume 5
Instructions to Tenderers
Draft Letter of Acceptance
General Conditions
(available
online from
www.contracts.gov.mt/conditions)
Special Conditions
Technical Specifications
Model Financial Bid/Bill of Quantities
Drawings
Page 7
10.2
Tenderers bear sole liability for examining with appropriate care the tender documents, including
those design documents available for inspection, and any clarification notes to the tender
documents issued during the tendering period, and for obtaining reliable information with respect
to conditions and obligations that may in any way affect the amount or nature of the tender or the
execution of the works. In the event that the tenderer is successful, no claim for alteration of the
tender amount will be entertained on the grounds of errors or omissions in the obligations of the
tenderer described above.
10.3
The tenderer must provide all documents required by the provisions of the tender document. All
such documents, without exception, must comply strictly with these conditions and provisions and
contain no alterations made by the tenderer.
11. Explanations/Clarification Notes Concerning Tender Documents
11.1
Tenderers may submit questions in writing to the University of Malta through:
sending an email to tenders.procurement@um.edu.mt
through www.um.edu.mt/procurement/contact
fax number +356 21314307
up to 9 calendar days before the deadline for submission of tenders, that is up to Monday 17th
June 2013. The University of Malta must reply to all tenderers' questions, and amend the tender
documents by publishing clarification notes, up to at least 6 calendar days before the deadline for
submission of tenders.
11.2
Questions and answers, and alterations to the tender document will be:published as a clarification note on the website of the University of Malta
(www.um.edu.mt/procurement/service/tender) within the respective tender’s
page, under the subheading “Tender Document & Clarifications (if any)”.
sent to all prospective bidders by e-mail.
Tenderers who do not collect a hard copy from the Procurement Directorate are to register
their respective contact details at tenders.procurement@um.edu.mt so that any
clarifications/communications pertaining to this tender procedure will be communicated
to them in due time as per tender document. The University of Malta shall not be held
responsible for any misdemeanour if this condition is not adhered to.
Clarification notes will constitute an integral part of the tender documentation, and it is the
responsibility of tenderers to visit this website and be aware of the latest information published
online prior to submitting their Tender.
11.3
The University of Malta may, at its own discretion, as necessary and in accordance with Clause 24,
extend the deadline for submission of tenders to give tenderers sufficient time to take clarification
notes into account when preparing their tenders.
12. Labour Law
12.1
Particular attention is drawn to the conditions concerning the employment of labour in Malta and
the obligation to comply with all regulations, rules or instructions concerning the conditions of
employment of any class of employee.
13. Law
13.1
By submitting their tenders, tenderers are accepting that this procedure is regulated by Maltese
Law, and are deemed to know all relevant laws, acts and regulations of Malta that may in any way
affect or govern the operations and activities covered by the tender and the resulting contract.
C. TENDER PREPARATION
14. Language of Tenders
14.1
The tender and all correspondence and documents related to the tender exchanged by the
tenderer and the University of Malta must be written in English.
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14.2
Supporting documents and printed literature furnished by the tenderer may be in another
language, provided they are accompanied by an accurate translation into English. For the purposes
of interpretation of the tender, the English language will prevail.
15. Presentation of Tenders
15.1
Tenders must satisfy the following conditions:
(a)
All tenders must be submitted in one original.
(b)
The documents are to be sealed and placed in a sealed envelope/package so that
the bid can be identified as one tender submission.
(c)
All tenders must be received by date and time indicated in the timetable at Clause
2 and deposited in the tender box at Room 323, Procurement Directorate,
Administration Building, University of Malta, Msida MSD 2080, Malta.
(d)
All packages, as per (b) above, must bear only:
(i)
the above address;
(ii)
the reference of the invitation to tender concerned;
(iii)
the number of the lot(s) to which the tender refers (if applicable);
(iv)
the name of the tenderer.
16. Content of Tender (Single-Envelope System)
16.1
The tender must comprise the following duly completed documents, inserted in a single, sealed
envelope (unless their volume requires a separate submission):
(a)
An original bid-bond for the amount of [€...........], in the form provided in Volume
NOT APPLICABLE FOR THIS TENDER
1, Section 3(Note 1)
(b)
General/Administrative Information(Note 2)
(i)
(ii)
Proof of Purchase of tender document (receipt) –
Statement on Conditions of Employment (Volume 1, Section 4)
Selection Criteria
(c)
Financial and Economic Standing(Note 2)
(Not Applicable)
(d)
Technical Capacity(Note 3)
(i)
(e)
Evaluation Criteria/Technical Specifications (Note 3)
(i)
(ii)
(f)
Experience as Contractor (Volume 1, Section 4)
Tenderer’s Technical Offer in response to specifications (Volume 3)
Literature/List of Samples
Financial Offer/Bill of Quantities(Note 3)
(i)
(ii)
(iii)
The Tender Form in accordance with the form provided in Volume 1,
Section 2; a separate Tender Form is to be submitted for each option
tendered, each form clearly marked ‘Option 1’, ‘Option 2’ etc.;
A financial bid calculated on a basis of Delivery Duty Paid (DPP) for the
works/supplies tendered including VAT;
Breakdown of the overall price, in the form provided in Volume 4 (Bill of
Quantities);
Notes to Clause 16.1:
1. Tenderers will be requested to clarify/rectify, within two working days from notification,
the tender guarantee only in the following two circumstances: either incorrect validity
date, and/or incorrect value.
2. Tenderers will be requested to either clarify/rectify any incorrect and/or incomplete
Page 9
documentation, and/or submit any missing documents within two working days from
notification.
3. No rectification shall be allowed. Only clarifications on the submitted information may be
requested.
Tenderers must indicate where the above documentation is to be found in their offer by using
an index. All documentation is to be securely bound/filed.
Tenderers are NOT required NOR expected to submit, with their offer, any components of the
tender document except those specifically mentioned in Clause 16.
17. Tender Prices
17.1
The tender price must cover the whole of the works as described in the tender documents.
17.2
The tenderer must provide a breakdown of the overall price in Euro (€).
17.3
Tenderers must quote all components of the price inclusive of taxes, customs and import duties
and any discounts. Tenderers not registered with the VAT authority in Malta, must still include in
their financial offer any VAT that the contracting authority may have to pay either in Malta or the
country where the tenderer is registered irrespective of the reverse charge mechanism. The
financial offer will be considered as the total financial cost to the contracting authority including
any VAT that may have to be paid not through the winning tenderer. Except as may otherwise be
provided for in the contract, no payment will be made for items which have not been costed.
17.4
Different options are to be clearly identifiable in the technical and financial submission; a
separate Tender Form (as per Volume 1, Section 2) marked ‘Option 1’, ‘Option 2’ etc. for each
individual option clearly outlining the price of the relative option, is to be submitted.
17.5
If the tenderer offers a discount, the discount must be absorbed in the rates of the Bill of
Quantities/Financial Statement.
17.6
The prices for the contract must include all of the works to be provided. The prices quoted are
fixed and not subject to revision or escalation in costs, unless otherwise provided for in the Special
Conditions.
18. Currencies of Tender and Payments
18.1
The currency of the tender is the Euro (€). All sums in the breakdown of the overall price, in the
questionnaire and in other documents must be expressed in Euro (€), with the possible exception
of originals of bank and annual financial statements.
18.2
Payments will be made upon certification of works by the Contracting Authority, based on the
invoice issued by the Contractor, in accordance with the timeframes, terms and conditions of the
contract.
18.3
All correspondence relating to payments, including invoices and interim and final statements must
be submitted as outlined in the contract.
19. Period of Validity of Tenders
19.1
Tenders must remain valid for a period of 150 days after the deadline for submission of tenders
indicated in the contract notice, the tender document or as modified in accordance with Clauses
11.3 and/or 24. Any tenderer who quotes a shorter validity period will be rejected.
19.2
In exceptional circumstances the University of Malta may request that tenderers extend the
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validity of tenders for a specific period. Such requests and the responses to them must be made in
writing. A tenderer may refuse to comply with such a request without forfeiting his tender
guarantee (Bid Bond). However, his tender will no longer be considered for award. If the tenderer
decides to accede to the extension, he may not modify his tender.
19.3
The successful tenderer must maintain his tender for a further 60 days from the date of
notification of award.
20. Tender Guarantee (Bid Bond)
20.1
No tender guarantee (bid bond) is required.
21. Variant Solutions
21.1
No variant solutions will be accepted. Tenderers must submit a tender in accordance with the
requirements of the tender document.
22. Preparation and Signing of Tenders
22.1
All tenders must be submitted in one original document. Tenders must comprise the documents
specified in Clause 16 above.
22.2
The tenderer’s submission must be typed in, or handwritten in indelible ink. Any pages on which
entries or corrections to his submission have been made must be initialled by the person or persons
signing the tender. All pages must be numbered consecutively by hand, machine or in any other
way acceptable to the University of Malta.
22.3
The tender must contain no changes or alterations, other than those made in accordance with
instructions issued by the University of Malta (issued as clarification notes) or necessitated by
errors on the part of the tenderer. In the latter case, corrections must be initialled by the person
signing the tender.
22.4
The tender will be rejected if it contains any alteration, tampering, addition or deletion to the
tender documents not specified in a clarification note issued by the University of Malta.
D. SUBMISSION OF TENDERS
23. Sealing and Marking of Tenders
23.1
The tenders must be submitted in English and deposited in the Department’s tender box before the
deadline specified in Clause 2 or as otherwise specified in accordance with Clause 11.1 and/or 24.1.
They must be submitted:
EITHER by recorded delivery (official postal/courier service) or hand delivered to:
Procurement Directorate, Room 323
2nd Floor, Administration Building
University of Malta – Msida MSD 2080
Tel: 23402212/3; Fax: 21314307
Tenders submitted by any other means will not be considered.
23.2
Tenderers must seal the original tender as outlined in Clause 15.
23.3
If the outer envelope is not sealed and marked as required in Sub clause 15.1, the University of
Malta will assume no responsibility for the misplacement or premature opening of the tender.
24. Extension of Deadline for Submission of Tenders
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24.1
The University of Malta may, at its own discretion, extend the deadline for submission of tenders by
issuing a clarification note in accordance with Clause 11. In such cases, all rights and obligations of
the University of Malta and the tenderer regarding the original date specified in the contract notice
will be subject to the new date.
25. Late Tenders
25.1
All tenders received after the deadline for submission specified in the contract notice or these
instructions will be kept by the University of Malta. The associated guarantees will be returned to
the tenderers.
25.2
No liability can be accepted for late delivery of tenders. Late tenders will be rejected and will not
be evaluated.
26. Alterations and Withdrawal of Tenders
26.1
Tenderers may alter or withdraw their tenders by written notification prior to the above deadline.
No tender may be altered after the deadline for submission.
26.2
Any notification of alteration or withdrawal must be prepared, sealed, marked and submitted in
accordance with Clause 23, and the envelope must also be marked with "alteration" or
"withdrawal".
26.3
The withdrawal of a tender in the period between the deadline for submission and the date of
expiry of the validity of the tender will result in forfeiture of the tender guarantee provided for in
Clause 20.
E. OPENING AND EVALUATION OF OFFERS
27. Opening of Tenders
27.1
Tenders will be opened by the University of Malta during a public session on the date and time
indicated in the timetable at Clause 2 (or as otherwise specified in accordance with Clause 11.1
and/or 24.1) at the University of Malta A ‘Summary of Tenders Received ‘will be published on
the notice board at the University of Malta, Procurement Directorate, Administration Building,
2nd Floor; and shall also be available to view on the University’s website,
www.um.edu.mt/procurement/service/tender under the respective tender page.
27.2
At the tender opening, the tenderers' names, the tender prices, variants, written notification of
alterations and withdrawals, the presence of the requisite tender guarantee and any other
information the University of Malta may consider appropriate will be published.
27.3
Envelopes marked "withdrawal" will be read out first and returned to the tenderer.
27.4
Reductions or alterations to tender prices made by tenderers after submission will not be taken into
consideration during the analysis and evaluation of tenders.
28. Secrecy of the Procedure
28.1
After the opening of the tenders, no information about the examination, clarification,
evaluation or comparison of tenders or decisions about the contract award may be disclosed
before the notification of award.
28.2
Information concerning checking, explanation, opinions and comparison of tenders and
recommendations concerning the award of contract, may not be disclosed to tenderers or any other
person not officially involved in the process unless otherwise permitted or required by law.
28.3
Any attempt by a tenderer to approach any member of the Evaluation Committee/University of
Malta directly during the evaluation period will be considered legitimate grounds for disqualifying
his tender.
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29. Clarification of Tenders
29.1
When checking and comparing tenders, the evaluation committee may, after obtaining approval
from the Departmental Contracts Committee, ask a tenderer to clarify any aspect of his tender.
29.2
Such requests and the responses to them must be made by e-mail or fax. They may in no
circumstances alter or try to change the price or content of the tender, except to correct
arithmetical errors discovered by the evaluation committee when analysing tenders, in accordance
with Clause 31.
30. Tender Evaluation Process
30.1
The following should be read in conjunction with Clause 27.
30.2
Part 1: Administrative Compliance
The Evaluation Committee will check the compliance of tenders with the instructions given in the
tender document, and in particular the documentation submitted in respect of Clause 16.
The Evaluation Committee shall, after having obtained approval by the Department Contracts
Committee, request rectifications in respect of incomplete/non-submitted information pertinent to
the documentation as outlined in sub-Clause 16.1(a), 16.1(b), and 16.1(c) of these Instructions to
Tenderers. Such rectification/s must be submitted within two (2) working days from notification,
and will be subject to a non-refundable administrative penalty of €50: failure to comply shall result
in the tender offer not being considered any further. No rectification shall be allowed in respect of
the documentation as outlined in sub-Clause 16.1 (d), 16.1(e), and 16.1(f) of these Instructions to
Tenderers. Only clarifications on the submitted information in respect of the latter may be
eventually requested.
30.3
Part 2: Eligibility and Selection Compliance
Tenders which have been considered administratively compliant shall be evaluated for admissibility
as outlined below:
(i) Eligibility Criteria
Tender Form (Volume 1, Section 2)
(ii) Selection Criteria
Evidence of technical capacity
30.4
Part 3: Technical Compliance
At this step of the evaluation process, the Evaluation Committee will analyse the administrativelycompliant tenders’ technical conformity in relation to the technical specifications and the
submission of samples, if applicable, (Volume 3, and the documentation requested by the
Contracting Authority as per sub-Clause 16(e)), classifying them technically compliant or noncompliant.
30.5
Part 4. Financial Evaluation
The financial offers for tenders which were not eliminated during the technical evaluation (i.e.,
those found to be technically compliant) will be evaluated.
The Evaluation Committee will check that the financial offers contain no arithmetical errors as
outlined in Clause 31. [If the tender procedure contains several lots, financial offers are compared
for each lot.] The financial evaluation will have to identify the best financial offer [for each lot].
Page 13
31. Correction of Arithmetical Errors
31.1
Admissible tenders will be checked for arithmetical errors by the Evaluation Committee. Errors will
be corrected as follows:
(a) where there is a discrepancy between amounts in figures and in words, the amount in words
will prevail;
(b) where there is a discrepancy between a unit price and the total amount derived from the
multiplication of the unit price and the quantity, the unit price as quoted will prevail.
31.2
The amount stated in the tender will be adjusted by the Evaluation Committee in the event of
error, and the tenderer will be bound by that adjusted amount. In this regard, the Evaluation
Committee shall seek the prior approval of the Departmental Contracts Committee to communicate
the revised price to the tenderer. If the tenderer does not accept the adjustment, his tender will
be rejected and his tender guarantee forfeited.
31.3
When analysing the tender, the evaluation committee will determine the final tender price after
adjusting it on the basis of Clause 31.1
F. CONTRACT AWARD
32. Criteria for Award
32.1
The sole award criterion will be the price. The contract will be awarded to the cheapest priced
tender satisfying the administrative and technical criteria.
33. Right Of The University of Malta To Accept Or Reject Any Tender
33.1
The University of Malta reserves the right to accept or reject any tender and/or to cancel the
whole tender procedure and reject all tenders. The University of Malta reserves the right to initiate
a new invitation to tender.
33.2
The University of Malta reserves the right to conclude the contract with the successful tenderer
within the limits of the funds available. It can decide to reduce the scope of works or to ask for a
discount from the cheapest compliant tenderer.
33.3
In the event of a tender procedure's cancellation, tenderers will be notified by the University of
Malta. If the tender procedure is cancelled before the outer envelope of any tender has been
opened, the sealed envelopes will be returned, unopened, to the tenderers.
33.4
Cancellation may occur where:
(a) the tender procedure has been unsuccessful, namely where no qualitatively or financially
worthwhile tender has been received or there has been no response at all;
(b) the economic or technical parameters of the project have been fundamentally altered;
(c) exceptional circumstances or force majeure render normal performance of the project
impossible;
(d) all technically compliant tenders exceed the financial resources available;
(e) there have been irregularities in the procedure, in particular where these have prevented
fair competition.
In no circumstances will the University of Malta be liable for damages, whatever their nature
(in particular damages for loss of profits) or relationship to the cancellation of a tender, even if
the University of Malta has been advised of the possibility of damages. The publication of a
contract notice does not commit the University of Malta to implement the programme or
project announced.
34. Notification of Award, Contract Clarifications
34.1
Prior to the expiration of the period of validity of tenders, the University of Malta will notify the
successful tenderer, in writing, that his tender has been recommended for award by the
Departmental Contracts Committee, pending any appeal being lodged in terms of Part XIII of the
Page 14
Public Procurement Regulations (being reproduced in Volume 1, Section 6).
34.2
Unsuccessful bidders shall be notified with the outcome of the evaluation process, and will be
provided the following information:
(i) the criteria for award;
(ii) the name of the successful tenderer;
(iii) the recommended price of the successful bidder;
(iv) the reasons why the tenderer did not meet the technical specifications/notification that the
offer was not the cheapest (if applicable);
(v) the deadline for filing a notice of objection (appeal);
(vi) the deposit required if lodging an appeal.
34.3
The recommendations of the Evaluation Committee and the Department Contracts Committee shall
be published on the Notice Board of the University of Malta, Procurement Directorate,
Administration Building, 2nd Floor, and published online on the University of Malta’s website,
www.um.edu.mt/procurement/service/tender under the respective tender page.
35. Contract Signing and Performance Guarantee
35.1
After the lapse of the appeals period, and pending that no objections have been received and/or
upheld, the successful tenderer may be invited to clarify certain contractual questions raised
therein. Such clarification will be confined to issues that had no direct bearing on the choice of the
successful tender. The outcome of any such clarifications will be set out in a Memorandum of
Understanding, to be signed by both parties and incorporated into the letter of acceptance.
35.2
Within 7 calendar days of receiving the letter of acceptance (against acknowledgment of receipt)
from the University of Malta, the successful tenderer will sign a copy of the Letter of Acceptance
and date the Letter of Acceptance and return it to the University of Malta with the performance
guarantee and the Financial Identification Form (if applicable).
35.3
Before the University of Malta sends the Letter of Acceptance to the successful tenderer, the
successful tenderer may be requested to provide the documentary proof or statements required to
show that it does not fall into any of the exclusion situations listed in Clause 7 of the Tender Form
(Volume 1, Section 2). The above mentioned documents must be submitted by every member of a
Joint Venture/Consortium (if applicable).
35.4
If the selected tenderer fails to sign and return the copy of the Letter of Acceptance, other
required documentation, and any guarantees required within the prescribed 7 calendar days, the
University of Malta may consider the acceptance of the tender to be cancelled without prejudice to
the University of Malta's right to seize the guarantee, claim compensation or pursue any other
remedy in respect of such failure, and the successful tenderer will have no claim whatsoever on the
University of Malta.
The tenderer whose tender has been evaluated as [second cheapest/second most economically
advantageous] may be recommended for award, and so on and so forth.
35.5
Only the signed Letter of Acceptance will constitute an official commitment on the part of the
University of Malta, and activities may not begin until the contract has been signed both by the
University of Malta and the successful tenderer.
35.6
Tender guarantees (bid bonds) provided by tenderers who have not been selected shall be released
within 30 calendar days from the signing of the contract. The tender guarantee of the successful
tenderer shall be released on the signing of the contract, and on submission of a valid performance
guarantee.
35.7
The performance guarantee referred to in the General Conditions is set at 10% of the amount of the
contract and must be presented in the form specified in Volume 2, Section 4, to the tender
document the performance guarantee shall be released within 30 days of the signing of the Final
Statement of Account (Final Bill), unless the Special Conditions provide otherwise.
36. Commencement of Works (Order To Start Works)
Page 15
36.1
Following the signing of the contract by both parties, the Supervisor will issue a written notice of
commencement of the works in accordance with the General Conditions, as specified by the Special
Conditions.
36.2
The Contractor must inform the University of Malta's representative by return that he has received
the notice.
G. MISCELLANEOUS
37. Ethics Clauses
37.1
Any attempt by a candidate or tenderer to obtain confidential information, enter into unlawful
agreements with competitors or influence the committee or the University of Malta during the
process of examining, clarifying, evaluating and comparing tenders will lead to the rejection of his
candidacy or tender and may result in administrative penalties.
37.2
Without the University of Malta's prior written authorisation, the Contractor and his staff or any
other company with which the Contractor is associated or linked may not, even on an ancillary or
sub-contracting basis, supply other services, carry out works or supply equipment for the project.
This prohibition also applies to any other programmes or projects that could, owing to the nature of
the contract, give rise to a conflict of interest on the part of the Contractor.
37.3
When putting forward a candidacy or tender, the candidate or tenderer must declare that he is
affected by no potential conflict of interest, and that he has no particular link with other tenderers
or parties involved in the project.
37.4
The Contractor must at all time act impartially and as a faithful adviser in accordance with the
code of conduct of his profession. He must refrain from making public statements about the project
or services without the Contracting Authority's prior approval. He may not commit the Contracting
Authority in any way without its prior written consent.
37.5
For the duration of the contract, the Contractor and his staff must respect human rights and
undertake not to offend the political, cultural and religious morals of Malta.
37.6
The Contractor may accept no payment connected with the contract other than that provided for
therein. The Contractor and his staff must not exercise any activity or receive any advantage
inconsistent with their obligations to the Contracting Authority.
37.7
The Contractor and his staff are obliged to maintain professional secrecy for the entire duration of
the contract and after its completion. All reports and documents drawn up or received by the
Contractor are confidential.
37.8
The contract governs the Parties' use of all reports and documents drawn up, received or presented
by them during the execution of the contract.
37.9
The Contractor shall refrain from any relationship likely to compromise his independence or that of
his staff. If the Contractor ceases to be independent, the University of Malta may, regardless of
injury, terminate the contract without further notice and without the Contractor having any claim
to compensation.
37.10
The tender(s) concerned will be rejected or the contract terminated if it emerges that the award or
execution of a contract has given rise to unusual commercial expenses. Such unusual commercial
expenses are commissions not mentioned in the main contract or not stemming from a properly
concluded contract referring to the main contract, commissions not paid in return for any actual
and legitimate service, commissions remitted to a tax haven, commissions paid to a recipient who
is not clearly identified or commissions paid to a company which has every appearance of being a
front company.
38. Data Protection and Freedom of Information
38.1
Any personal data submitted in the framework of the procurement procedure and/or subsequently
included in the contract shall be processed pursuant to the Data Protection Act (2001). It shall be
Page 16
processed solely for the purposes of the performance, management and follow-up of the
procurement procedure and/or subsequent contract by the University of Malta/Contracting
Authority without prejudice to possible transmission to the bodies charged with a monitoring or
inspection task in conformity with National and/or Community law.
38.2
The provisions of this contract are without prejudice to the obligations of the University of Malta in
terms of the Freedom of Information Act (Cap. 496 of the Laws of Malta). The University of Malta,
prior to disclosure of any information to a third party in relations to any provisions of this contract
which have not yet been made public, shall consult the contractor in accordance with the
provisions of the said Act, pertinent subsidiary legislation and the Code of Practice issued pursuant
to the Act. Such consultation shall in no way prejudice the obligations of the University of Malta in
terms of the Act.
39. Gender Equality
39.1
In carrying out his/her obligations in pursuance of this contract, the tenderer shall ensure the
application of the principle of gender equality and shall thus ’inter alia’ refrain from discriminating
on the grounds of gender, marital status or family responsibilities. Tenderers are to ensure that
these principles are manifest in the organigram of the company where the principles
aforementioned, including the selection criteria for access to all jobs or posts, at all levels of the
occupation hierarchy are amply proven. In this document words importing one gender shall also
include the other gender.
Page 17
VOLUME 1 SECTION 2 – TENDER FORM
(A separate, distinct Tender Form must be submitted for EACH OPTION – if applicable - submitted)
< Tenders for the Resurfacing of Roads at the University of Malta using environmentally sound
construction methods and materials.> <UM1713>
A. TENDER
SUBMITTED BY:
(This will be included in the Summary of Tenders Received)
In case of a Joint Venture/Consortium:
Name(s) of Leader/Partner(s)
Leader 1
Partner
Nationality
Proportion
of
Responsibilities2
1
Etc …
1. Add/delete additional lines for partners as appropriate. Note that a sub-contractor is not considered to be a partner for the purposes
of this tender procedure. If this tender is being submitted by an individual tenderer, the name of the tenderer should be entered as
'leader' (and all other lines should be deleted)
2. Proposed proportion of responsibilities between partners (in %) with indication of the type of the works to be performed by each
partner (the company acting as the lead partner in a joint venture/consortium, they must have the ability to carry out at least 50% of
the contract works by its own means. If a company is another partner in a joint venture/consortium (i.e. not the lead partner) it must
have the ability to carry out at least 10% of the contract works by its own means).
Work intended to be subcontracted
Name and details of
sub-contractors
Value of subcontracting as
percentage of the
total cost 3
Experience in
similar works
(details to be
specified)
1
2
(.)
3. The maximum amount of sub-contracting must not exceed [50%] of the total contract value. The main contractor must have the
ability to carry out at least [50%] of the contract works by his own means.
NOTE TO COMPILER: THIS SECTION IS TO BE REMOVED/MARKED NOT APPLICABLE IF NO SUB-CONTRACTING IS ALLOWED. LIAISE WITH DOC
B
CONTACT PERSON (for this tender)
Name
Surname
Telephone
(____) ________________________
Fax
(____) ________________________
Address
...............................................................................................................
...............................................................................................................
...............................................................................................................
E-mail
Page 18
C
TENDERER'S DECLARATION(S)
To be completed and signed by the tenderer (including each partner in a consortium).
In response to your letter of invitation to tender for the above contract, we, the undersigned, hereby
declare that:
1
We have examined, and accept in full and in its entirety, the content of this tender document
(including subsequent Clarifications Notes issued by the University of Malta) for invitation to tender No
[UM1713] of [06/06/2013]. We hereby accept the contents thereto in their entirety, without
reservation or restriction. We also understand that any disagreement, contradiction, alteration or
deviation shall lead to our tender offer not being considered any further.
2
We offer to execute, in accordance with the terms of the tender document and the conditions and
time limits laid down, without reserve or restriction, the following works:
Bill A: [Resurfacing of Roads]
Bill B: [Pedestrian Footway Works]
Bill C: [Dayworks]
3
The Grand Total Price of our tender (inclusive of duties, VAT, other taxes/charges, Eco-Contribution (if
any) and any discounts) is:
Grand Total: [……………………………………………] (from the Grand Summary on page 58 of this document)
4
This tender is valid for a period of 150 days from the final date for submission of tenders.
5
If our tender is accepted, we undertake to provide a performance guarantee of 10% of the contract
value as required by the General Conditions.
6
We are making this application in our own right and [as partner in the consortium led by < name of
the leader / ourselves >] for this tender. We confirm that we are not tendering for the same contract
in any other form. [We confirm, as a partner in the consortium, that all partners are jointly and
severally liable by law for the performance of the contract, that the lead partner is authorised to bind,
and receive instructions for and on behalf of, each member, and that all partners in the joint
venture/consortium are bound to remain in the joint venture/consortium for the entire period of the
contract's performance]. We are fully aware that, in the case of a consortium, the composition of the
consortium cannot be modified in the course of the tender procedure.
7
We are not bankrupt or under an administration appointed by the Court, or under proceedings leading
to a declaration of bankruptcy. We also declare that we have not been convicted criminally, or found
guilty of professional misconduct. Furthermore, we are up-to-date in the payment of social security
contributions and other taxes.
8
We accept that we shall be excluded from participation in the award of this tender if compliance
certificates in respect of declarations made under Clause 7 of this declaration are not submitted by the
indicated dates.
9
We agree to abide by the ethics clauses of the instructions to tenderers and, in particular, have no
potential conflict of interests or any relation with other candidates or other parties in the tender
procedure at the time of the submission of this application. We have no interest of any nature
whatsoever in any other tender in this procedure. We recognise that our tender may be excluded if we
propose key experts who have been involved in preparing this project or engage such personnel as
advisers in the preparation of our tender.
10
We will inform the University of Malta immediately if there is any change in the above circumstances
at any stage during the implementation of the contract. We also fully recognise and accept that any
false, inaccurate or incomplete information deliberately provided in this application may result in our
exclusion from this and other contracts funded by the Government of Malta and the European
Communities.
Page 19
11
Our tender submission has been made in conformity with the Instructions to Tenderers, and in this
respect we confirm having included in the appropriate packages as required, the following
documentation:
(a)
(b)
Tender Guarantee (Note 1)
o Bid Bond (not applicable)
General Information (Note 2)
o Proof of Purchase (Receipt)
o Statement on Conditions of Employment
(c)
(d)
(e)
Selection Criteria (Note 2)
Financial and Economic Standing (Note 2)
o Not applicable
Technical Capacity (Note 3)
● Experience as Contractor
Evaluation Criteria/Technical Specifications (Note 3)
● Tenderer’s Technical Offer
● Literature /List of Samples
(f)
Tender Form, and Financial Offer/Bill of Quantities (Note 3)
Notes:
1.
2.
3.
Tenderers will be requested to clarify/rectify, within two working days from
notification, the tender guarantee only in the following two circumstances:
either incorrect validity date, and/or incorrect value. This is indicated by the
symbol ○
Tenderers will be requested to either clarify/rectify any incorrect and/or
incomplete documentation, and/or submit any missing documents within two
working days from notification. This is indicated by the symbol ○
No rectification shall be allowed. Only clarifications on the submitted
information may be requested. This is indicated by the symbol ●
12
I acknowledge that the University of Malta and/or Contracting Authority shall request rectifications in
respect of incomplete/non-submitted information pertinent to the documentation listed in Clause
11(a), 11(b), and 11(c) of this Tender Form. We understand that such rectification/s must be
submitted within two (2) working days, and will be subject to a non-refundable administrative penalty
of €50, and that failure to comply shall result in our offer not being considered any further.
13
We note that the University of Malta is not bound to proceed with this invitation to tender and that it
reserves the right to cancel or award only part of the contract. It will incur no liability towards us
should it do so.
Name and Surname:
_________________________________________
I.D. / Passport Number:
_________________________________________
Signature of tenderer:
_________________________________________
Duly authorised to sign this
tender on behalf of:
_________________________________________
Company/Lead Partner VAT No:
(if applicable)
_________________________________________
Stamp of the firm/company:
_________________________________________
Page 20
Place and date:
_________________________________________
Page 21
VOLUME 1 SECTION 3 – TENDER GUARANTEE FORM – Not Applicable for this tender
[On the headed notepaper of the financial institutions providing the guarantee]
Whereas the Director of Contracts has invited tenders for
.................................................................................................................................. ....
and whereas Messrs .................................................................................... [Name of tenderer]
(hereinafter referred to as the Tenderer) is submitting such a tender in accordance with such invitation, we
................................................... [Name of Bank], hereby guarantee to pay you on your first demand
in writing a maximum sum of ................................................................. Euro (€...............) in
case the Tenderer withdraws his tender before the expiry date or in the case the Tenderer fails to provide
the Performance Bond, if called upon to do so in accordance with the Conditions of Contract.
The guarantee becomes payable on your first demand and it shall not be incumbent upon us to verify
whether such demand is justified.
This guarantee is valid for a period of one hundred and fifty (150) days from the closing date of submission of
tenders, and expires on the .................................... Unless it is extended by us or returned to us for
cancellation before that date, any demand made by you for payment must be received at this office in
writing not later than the above-mentioned expiry date.
This document should be returned to us for cancellation or utilisation or expiry or in the event of the
guarantee being no longer required.
After the expiry date and in the absence of a written demand being received by us before such expiry date,
this guarantee shall be null and void, whether returned to us for cancellation or not, and our liability
hereunder shall terminate.
Yours faithfully,
..................................
Bank Manager
..................................
Date
Page 22
Annex To Tender Guarantee Form – Not Applicable for this tender
Contact Details of Tenderer
Name of Tenderer/Joint
Venture/Consortium
......................................................................
......................................................................
Email Address
......................................................................
Telephone Number
......................................................................
Fax Number
......................................................................
Mobile Number
......................................................................
Name and Surname of Contact Person (Title)
......................................................................
(To be submitted with the Tender Guarantee in case the provisions of
Article 1.1 of the Instructions to Tenderer need to be applied)
Page 23
VOLUME 1 SECTION 4 - TENDERER’S STATEMENTS
1. Statement on Conditions of Employment
Tenderers are to ensure that self-employed personnel are not engaged on this contract.
Non-compliance will invalidate the contract.
It is hereby declared that all employees engaged on this contract shall enjoy working conditions such as
wages, salaries, vacation and sick leave, maternity and parental leave as provided for in the relative
Employment Legislation. Furthermore, we shall comply with Chapter 424 of the Laws of Malta (Occupational
Health and Safety Authority Act) as well as any other national legislation, regulations, standards and/or
codes of practice or any amendment thereto in effect during the execution of the contract.
In the event that it is proved otherwise during the execution of the contract it is hereby being consented that
the contract is terminated with immediate effect and that no claim for damages or compensation be raised
by us.
Signature:
.............................................................
(the person or persons authorised to sign on behalf of the tenderer)
Date:
.............................................................
Page 24
2. Experience as Contractor
List of contracts of similar nature and extent performed during the past one (1) year:
Name of
Project/
Kind of works
(A) Malta
Total value of
works the
contractor was
responsible for
Period of
Contract
Starting
Date
Percentage of
works
completed
Client/Contracting
Authority and
place
Prime
Contractor
(P)
Or SubContractor
(S)
Final
Acceptance
Issued?
Yes
Not Yet
(current
contract)
No
Name of Project/
Kind of works
Total value of
works the
contractor was
responsible for
Period of
Contract
Starting
Date
Percentage of
works
completed
Client/
Contracting
Authority and
place
Prime
Contractor
(P)
Or SubContractor
(S)
Final
Acceptance
Issued?
Yes
Not Yet
(current
contract)
No
(B) Abroad
(not
applicable)
Signature:
....................................................................
(the person or persons authorised to sign on behalf of the tenderer)
Date:
....................................................................
26
3. Literature/List of Samples
1. List of literature to be submitted with the tender: Not applicable
Item
Description
Reference in Technical
Specifications
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
2. List of samples to be submitted with the tender
Item
Description
Reference in Technical
Specifications
2.1
2.2
2.3
2.4
2.5
2.6
2.7
Samples should be clearly marked with the name of Tenderer and tender number. Samples should be
delivered to the Estate & Works Department, University of Malta before the closing date and time of the
tender.
Signature:
....................................................................
(the person or persons authorised to sign on behalf of the tenderer)
Date:
....................................................................
27
VOLUME 1 SECTION 5 – GLOSSARY
Definitions
Note: the present definitions are given here for convenience only, in the context of the tender procedure. The
definitions set out in the contract as concluded are determining for the relations between the parties to the
contract.
Administrative order: Any instruction or order issued by the Engineer to the Contractor in writing regarding
the execution of the works.
Breakdown of the overall price: A heading-by-heading list of the rates and costs making up the price for a
lump sum contract.
University of Malta: means the Department of Contracts
Contracting Authority: means the final beneficiary
Conflict of interest: Any event influencing the capacity of a candidate, tenderer or supplier to give an
objective and impartial professional opinion, or preventing him, at any moment, from giving priority to the
interests of the University of Malta and the Contracting Authority. Any consideration relating to possible
contracts in the future or conflict with other commitments, past or present, of a candidate, tenderer or
supplier, or any conflict with his own interests. These restrictions also apply to sub-contractors and employees
of the candidate, tenderer or supplier.
Contract value: The total value of the contract to be paid by the Contracting Authority in terms of the
agreed terms and conditions.
Contractor: The successful tenderer, once all parties have signed the contract.
Day: Calendar day.
Dayworks: Varied work inputs subject to payment on an hourly basis for the Contractor's employees and plant.
Defects Notification Period: The period stated in the contract immediately following the date of provisional
acceptance, during which the Contractor is required to complete the works and to remedy defects or faults as
instructed by the Engineer.
Drawings: Drawings provided by the Contracting Authority and/or the Engineer, and/or drawings provided by
the Contractor and approved by the Engineer, for the carrying out of the works.
Engineer's representative: Any natural or legal person, designated by the Engineer as such under the
contract, and empowered to represent the Engineer in the performance of his functions, and in exercising
such rights and/or powers as have been delegated to him. In this case, references to the Engineer will include
his representative.
Equipment: Machinery, apparatus, components and any other articles intended for use in the works
Evaluation committee: a committee made up of an odd number of voting members (at least three) appointed
by the University of Malta and possessing the technical, linguistic and administrative capacities necessary to
give an informed opinion on tenders.
Final acceptance certificate: Certificate(s) issued by the Engineer to the Contractor at the end of the
defects notification period stating that the Contractor has completed his obligations to construct, complete,
and maintain the works concerned.
Final Beneficiary: The Department/Entity or other government body on whose behalf the Department of
Contracts has issued this tender.
Foreign currency: Any currency permissible under the applicable provisions and regulations other than the
Euro, which has been indicated in the tender.
28
General conditions: The general contractual provisions setting out the administrative, financial, legal and
technical clauses governing the execution of contracts.
General damages: The sum not stated beforehand in the contract, which is awarded by a court or an
arbitration tribunal, or agreed between the parties, as compensation payable to an injured party for a breach
of the contract by the other party.
In writing: This includes any hand-written, typed or printed communication, including fax transmissions and
electronic mail (e-mail).
Liquidated damages: The sum stated in the contract as compensation payable by the Contractor to the
Contracting Authority for failure to complete the contract or part thereof within the periods under the
contract, or as payable by either party to the other for any specific breach identified in the contract.
Modification: An instruction given by the Engineer which modifies the works.
National currency: The currency of the country of the Contracting Authority.
Period: A period begins the day after the act or event chosen as its starting point. Where the last day of a
period is not a working day, the period expires at the end of the next working day.
Plant: appliances and other machinery, and, where applicable under the law and/or practice of the state of
the Contracting Authority, the temporary structures on the site required to carry out the works but excluding
equipment or other items required to form part of the permanent works.
Provisional sum: A sum included in the contract and so designated for the execution of works or the supply of
goods, materials, plant or services, or for contingencies, which sum may be used in whole or in part, or not at
all, as instructed by the Engineer.
Site: The places provided by the Contracting Authority where the works are to be carried out and other places
stated in the contract as forming part of the site.
Special conditions: The special conditions laid down by the Contracting Authority as an integral part of the
tender document, amplifying and supplementing the general conditions, clauses specific to the contract and
the terms of reference (for a service contract) or technical specifications (for a supply or works contract).
Supervisor/Engineer: The legal or natural person responsible for administering the contract on behalf of the
Contracting Authority.
Tender document/s: The dossier compiled by the Contracting Authority and containing all the documents
needed to prepare and submit a tender.
Tender price: The sum stated by the tenderer in his tender for carrying out the contract.
Works: Works of a permanent or temporary nature executed under the contract.
Written communications: Certificates, notices, orders and instructions issued in writing under the contract.
29
VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC PROCUREMENT REGULATIONS
Section 21 - Right of Recourse
(1) Where the estimated value of the public contract exceeds twelve thousand euro (€12,000) and is issued by
an authority listed in Schedule 1, any tenderer or candidate concerned shall have a right to make a complaint
to the Review Board in accordance with this regulation.
(2) (a) The contracting authority shall be obliged to issue a notice and affix an advertisement, in a prominent
place at its premises, indicating the awarded public contract, the financial aspect of the award and the name
of the successful tenderer. The contracting authority shall, by electronic means or by fax, inform the tenderer
or candidate concerned of the publication of the award. The contracting authority shall be precluded from
concluding the contract during the period allowed for the submission of appeals.
(b) The award process shall be completely suspended if an appeal is eventually submitted.
(3) Any tenderer or candidate concerned who is aggrieved by the award indicated by the contract authority
may, within five working days from the publication of the notice, file a letter of objection, together with a
deposit, with the contracting authority, clearly setting forth any reason for his complaint. The deposit to be
paid in respect of tenders valued at less than forty-seven thousand euro (€47,000) shall be four hundred euro
(€400), while those between forty-seven thousand euro (€47,000) and one hundred and twenty thousand euro
(€120,000) shall be 0.5% of the estimated value of the tender, with a minimum deposit of four hundred euro
(€400).
The letter by the complaining tenderer shall be affixed on the notice board of the contracting authority and
shall be brought to the attention of the recommended tenderer.
(4) After the expiry of the period allowed for the submission of a complaint, the contracting authority shall
deliver the letter of complaint, the deposit receipt and all documents relating to the public contract in
question to the Review Board who shall examine the matter in a fair and equitable manner. In its deliberation
the Review Board shall have the authority to obtain, in any manner it deems appropriate, any other
information not already provided by the contracting authority. The Review Board shall determine the
complaint by upholding or rejecting it. The written decision of the Review Board shall be affixed on the notice
board of the contracting authority and copies thereof shall be forwarded to the Director of Contracts and all
the parties involved.
(5) The tenderer or candidate concerned who is not satisfied with the decision granted by the Review Board
may refer the matter to the Court of Appeal (Inferior Jurisdiction) in terms of article 41(6) of the Code of
Organization and Civil Procedure within a period of sixty days. Such recourse however may not delay the Head
of the contracting authority from implementing the Review Board’s decision.
(6) Tender documents issued in terms of this Part shall include a clause informing tenderers that the award of
the contract is subject to the right of recourse as provided for in this regulation, a copy of which should be
reproduced in the documents.
(7) The Minister shall have the authority by order to extend the provisions of this regulation in order that
recourse as provided in this regulation be made available also by authorities listed in Schedule 3 and to
prescribe the procedure by which such recourse is to be granted.
30
VOLUME 2
VOLUME 2 SECTION 1 – DRAFT LETTER OF ACCEPTANCE
Our Ref: EB/eb/_______
[……………………………………..]
[……………………………………..]
[……………………………………..]
[……………………………………..]
[……………………………………..]
Attn [……………………………………..] [……………………………………..]
Dear Sirs,
UM 1713 -
Tenders for Resurfacing of Roads at the University of Malta using environmentally sound
construction methods and materials.
This is to inform you that your Tender, dated the [……………………………………..], for the above mentioned goods
in caption, made under the abovementioned Call for Tenders, has been accepted by the University of Malta in
full compliance with the General Conditions of Contract that were attached to the Tender Documents.
As undertaken by your good selves in the tender you are to provide the detailed worksas per tender
specifications within [……………………………………..] weeks, for a sum of [……………………………………..] and
provisional day works valued at [……………………………………..], both inclusive of VAT and all as detailed and
further amplified in your tendered offer no: [……………………………………..] dated the [……………………………………..].
As undertaken by you in your tender and as stated in the General Conditions of Contract, you are to ensure
full compliance with the scope to affect delivery as detailed in the specifications. In this connection, your
attention is hereby being drawn to the relative Clauses of the General Conditions of Contract dealing with
your liabilities for failure to comply with the specifications referred to above.
Your attention is hereby drawn to Clause 35 of the Instruction to Tenderers, wherein you are required to
furnish the University of Malta, within 7 (seven) calendar days from the receipt/signatures of this Letter of
Acceptance, with a Bank Guarantee drawn on a local Maltese Bank for the amount of 10 (ten) % of the value
of this Contract and with a validity to expire on the __________ 20__. Said Guarantee has to be referenced
with the relevant Tender Number.
Failure to produce the said guarantee within the prescribed 7 (seven) days period may lead to the Contract
being considered as having been abandoned, in which case, you will become liable to the relevant penalties
stipulated in the General conditions of Contract.
Yours faithfully,
Director of Procurement
I agree and confirm
------------------------Name of Tenderer & Signature
31
VOLUME 2 SECTION 2 – GENERAL CONDITIONS
The full set of General Conditions for Works Contracts (Version 1.02 dated 1 December
2011) can be viewed/downloaded from:
www.contracts.gov.mt/conditions
It is hereby construed that the tenderers have availed themselves of these general
conditions, and have read and accepted in full and without reservation the conditions
outlined therein, and are therefore waiving any standard terms and conditions which they
may have.
These general conditions will form an integral part of the contract that will be signed with
the successful tenderer/s.
32
VOLUME 2 SECTION 3 – SPECIAL CONDITIONS
These conditions amplify and supplement, if necessary, the General Conditions governing the
contract. Unless the Special Conditions provide otherwise, those General Conditions remain fully
applicable. The numbering of the Articles of the Special Conditions is not consecutive but follows
the numbering of the Articles of the General Conditions. Other Special Conditions should be
indicated afterwards.
Article 2: Law and language of the contract
2.1
The Laws of Malta shall apply in all matters not covered by the provisions of the contract.
2.2
The language used shall be English.
Article 3: Order of precedence of contract documents
The contract is made up of the following documents, in order of precedence:
(a) the Contract,
(b) the Special Conditions,
(c) the General Conditions,
(d) the Contracting Authority’s technical specifications and design documentation,
(e) the Contractor’s technical offer, and the design documentation (drawings),
(f) the bill of quantities (after arithmetical corrections)/breakdown,
(g) the tender form,
(h) any other documents forming part of the contract.
Addenda have the order of precedence of the document they are modifying.
Article 4: Communications
Director of Procurement
Administration Building
Tal-Qroqq
Msida
Malta
Telephone: +356 2340 2473
Fax:
+356 21314307
Email:
tenders.procurement@um.edu.mt
Article 5: Supervisor and Supervisor's representative
i) The Supervisor (and/or Architect in Charge) and Supervisor's representative (and/or Project Manager
as delegated), shall have the power, during the course of the work, to order the contractor to remove
from the site any materials which are considered to be of an inferior quality. He shall also have the
power to order the removal and a proper re-execution of any work executed with the rejected
materials in a manner contrary to the spirit of the specifications. Such orders shall be carried out by
the contractor at his own expense.
ii) In case of default on the part of the contractor to carry out such orders, the Supervisor (and/or
Architect in Charge) and Supervisor's representative (and/or Project Manager as delegated), shall have
the power to employ and pay other persons to carry out same at the contractor’s expense; such
expenses will be deducted from any monies that may be due to the contractor.
iii) The contractor shall, if ordered in writing by the Supervisor (and/or Architect in Charge) and
Supervisor's representative (and/or Project Manager as delegated), suspend the works or any part
thereof for such periods and at such times as so ordered and shall not, after receiving order, proceed
with the work there in order to be suspended until he receives written authority from the Project
Manager, to proceed therewith. The contractor shall not be entitled to claim compensation for any loss
or damage sustained as aforesaid.
33
iv) Should it appear to the Supervisor (and/or Architect in Charge) and Supervisor's representative
(and/or Project Manager as delegated), or any duly authorised member of his staff that any work in
progress is being executed in a faulty manner, with unsuitable materials, by unskilled workmen/or by
any means or manner not in accordance with the contract documents, then he or they may order
immediate suspension of such faulty works by direct order to the contractor’s supervisory staff,
foreman or ganger, until such time as the contractor shall adopt remedial measures to the satisfaction
of the Supervisor (and/or Architect in Charge) and Supervisor's representative (and/or Project Manager
as delegated). Such order shall be complied with immediately the contractor shall not be entitled to
any extra payment, compensation or extension of time for the completion on account of such
suspension as per (iii) of this Clause.
Article 8: Supply of Documents
All drawings and a copy of the specifications shall be furnished to the contractor for his own use. The
architects shall furnish to the contractor, at his request, any instructions which, in the opinion of the
architect are necessary for the execution of any part of the work, such request to be made only within
a reasonable time for it is necessary to execute such a work in order to fulfil the contract.
Article 10: Assistance with Local Regulations
The contractor shall comply with and fulfil all obligations imposed by Act 19 of the Police Laws and
shall give all notices, obtain all permits, pay all fees that may be lawfully demanded by Public Offices
in respect of works and complies with all requirements of the law and lawful authority.
The contractor shall be responsible for the satisfactory working of the complete installation to the
entire satisfaction of the Engineer as regards workmanship, materials, execution and maintenance
within the guarantee periods specified and shall be responsible for compliance with all Statutory and
Local Regulations and for compliance with all the tests required by the Engineer and all tests required
by Enemalta Corporation.
Article 11: The Contractor’s Obligations
The provisions of Legal Notice 281 of 2004 and all relevant regulations and subsequent guidelines
pursuant to the Code of Practice for the Construction Industry 2006, shall be adopted throughout
the construction phase of the Project.
Without prejudice to the Contents of Articles 11.1 to 11.10 of the General Conditions:The Contractor will be responsible for the safety of the works and site (including the materials and
plant) until they are taken possession of by the University and shall stand the risk and be responsible
for and must with all possible speed make good and any damage caused to the Works and Site (be it by
accident, weather, storm or any other causes) must be made good by the contractor at his own
expense.
The Contractor must cover up and protect from damage from any cause, all new work. He must supply
protection from the whole of the works executed and any damage caused must be made good by the
contractor at his own expense
The work shall be carried out in accordance with the directions and to the satisfaction of the
architects, specifications and Schedule of Quantities and such further drawings and directions as may
from time to time be given by the architects or supplied by the contractor as part of this contract. If
the work shown on any such direction be in the opinion of the contractor, extra to that comprised in
the specifications he shall, before proceeding with such work, give notice to this effect to the
architects, but if no notice is given to the architects before the execution of the work, the contractor
shall have no claim to any extra payment in respect thereof.
The tenderers fully understand and agree that if, in the case of a successful bid and in the course of
the duration of the contract, the eventual successful tenderer is charged before a court of criminal
34
jurisdiction with an alleged breach of any of the provisions of the Employment and Industrial Relations
Act, the Occupational Health and Safety Authority Act, the Employment and Training Services Act or
any of the provisions of their subsidiary legislation , (hereinafter referred to as “labour laws”),
a) the contract may, at the sole discretion of the contracting authority be suspended or terminated. No
action for damages shall lie against the entity issuing the tender with respect to any such suspension;
b) where the contract has been suspended in accordance with (i) above, if the judicial decision
becomes res judicata and the successful tenderer is found guilty of the charges brought against the
person,
i.
the contract shall be terminated with effect from the date of suspension of the contract, or from the
date of the judicial decision, as appropriate, and no action for damages shall lie against the contracting
authority with respect to such termination;
c) the person in whose favour the contract is awarded shall under all circumstances be responsible to
ensure that all his subcontractors and other persons engaged to do work or to render services in terms
of the awarded contract are aware of the penalties provided in this clause, which penalties are also
applicable to them.
Control of Site Work
The Contractor shall ensure that all works are carried out in an orderly and professional manner that
causes the least disturbance to the surroundings and in particular that create the least possible
obstruction to third parties and their activities in all their possible aspects.
Entry to the site through the School may be restricted to two hours per day. No noise/vibrations which
will effect the adjacent School may be carried out during School hours. The Final Beneficiary reserves
the right to change the Contractor’s access point to the site at any time. The Contractor shall be
responsible to co-ordinate his works with other Contractors carrying out other works. At no time shall
he impede in any way the works of other contractors on site.
The Site is to be kept clean and well organised to the satisfaction of the Supervisor/Engineer, who may
order any action or steps to be taken, that may have not been included statutory permits granted for
the Project in order to ensure abidance with the provisions of this Clause. No extra payments or
extensions of completion period shall be considered if these are claimed to arise out of such
instructions by the Supervisor / Engineer.
In the event that such actions or steps as ordered by the Supervisor / Engineer are not carried out
within the specified time required, the Final Beneficiary, without further notice, appoint others to
carry out such instructions at the Contractor’s expense.
Special Controls
(a) Dust Control
The Contractor shall, for the duration of the Contract, maintain all roads, plant sites, waste disposal
areas and all other work resulting from installation works. Dust shall be controlled by the sprinkling of
water.
(b) Noise Control
The Contractor shall acquaint himself with the recommendations set out in BS5228 or its Local /
European equivalent - Noise Control on Installation and Open Sites together with any mandatory
specific requirements as may be stipulated by the Supervisor / Engineer.
(c) Housekeeping
The Contractor shall keep the site orderly, clean and in a safe condition at all times, immediately
removing all waste and rubbish. The Contractor shall provide on-site containers for the collection of
rubbish or dispose of rubbish off site at frequent and regular intervals during the progress of the works.
35
During the progress of the Works, the Contractor shall keep the Site free from all unnecessary
installation material / equipment and shall store or dispose of any equipment, scaffolding and surplus
materials and clear away and remove without delay any items no longer required.
(d) Clearance of Site on Completion
Prior to the date of Substantial Completion, the Contractor shall clear away and remove from Site all
equipment, surplus materials, rubbish and temporary works of every kind, and leave the whole of the
Site and the works clean and in a condition to the satisfaction of the Supervisor / Engineer.
(e) Storage of Materials and Equipment
No equipment, materials, vehicles, temporary works or installation equipment of the Contractor shall
at any time be placed or stored other than the Site.
(f) Access to Site
The Contractor shall obtain the approval of the Supervisor / Engineer for the location of entry and exit
points for vehicles and equipment to and from the Site.
(g) Fencing
The Contractor shall erect suitable fencing around site of works to provide protection of the works and
to ensure that no unauthorised personnel have access to site.
(h) Water and Electricity Supply
The whole of the water required for the work must be provided by the Contractor and must be clean
fresh water. The Contractor must execute any temporary plumbing required at his own expense and
pay all fees and charges. All temporary electricity supply required is likewise to be provided by the
Contractor at his expense.
(i) Sheds and workshops
The Contractor shall provide all necessary sheds and sanitary facilities for the use of workmen, and the
storage of materials and maintain and keep them in order to the satisfaction of the Supervisor /
Engineer and remove them at completion.
(j) Other Controls
Without prejudice to the above, the successful bidder shall also abide with all the relevant
environmental legal and other regulatory local requirements that may be applicable for the scope of
these works and / or any other instructions that may be ordered by the University of Malta.
Article 13: Performance Guarantee
13.1
The value of the Performance Guarantee is 10% of the Contract value.
13.3
The performance guarantee shall be in the format given in Volume 2 Section 4 and shall be provided in
the form of a bank guarantee. It shall be issued by a bank in accordance with the eligibility criteria
applicable for the award of the contract. The guarantee will only be released in accordance with the
Conditions of Contract.
Article 14: Insurance
a)
All risks insurance:
The contractor is to insure in the joint names of the Contracting Authority, the works against loss and
damage by fire, storm tempest, lightning, floods, earthquake, aircraft or anything dropped there from
aerial objects, riot and civil commotion for the full value thereof plus 15% of all the works executed and
all unfixed materials intended for, delivered to or placed on or adjacent to the works and shall keep
such works, materials so insured until the completion of the works.
36
b)
Third party insurance:
Without in any way limiting his responsibility under paragraph (a) above, the contractor shall effect a
policy of insurance against the risks mentioned therein to cover an amount of not less than €1,200,000
(one million two hundred thousand Euro) for any one occurrence with the number of occurrences
unlimited. The policy shall be in the joint names of the Contracting Authority and the contractor and
shall include cross liabilities clauses
Article 15: Performance Programme (Timetable)
Seven calendar days before intended commencement of any works the Contractor shall furnish a,
programme of works, as the architect and project manager shall require.
Before proceeding with the execution of the work, the contractor shall obtain the architects’ and
project manager's approval of the manner in which he proposes to carry out each portion of the work.
Article 17: Contractor’s Drawings
Seven calendar days before intended commencement of any works the Contractor shall furnish such
working drawings or information, as the architect and project manager shall require.
Article 18: Tender Prices
18.1
The tendered rates shall be inclusive of all work as specified, as well as any other works that are of a
contingent or indispensable nature for completing the work in its entirety. The rates shall be inclusive
of all materials necessary, profits and payments of Customs Duty and Landing charges on all imported
goods, VAT, taxes, ECO contribution, all hire of plant and machinery required as also all transport of
materials to the site of works and so on. Tenderers are to give rates as quoted for. No claims arising
from lack of ascertaining the site condition shall be entertained.
18.2
The tendered rates shall be fixed rates and no allowance will be made for fluctuations in rates and
prices or for any increase or decrease in the cost of labour and/or materials and other costs mentioned
under Clause 18.1
Article 22: Interference With Traffic
As per General conditions
Article 25: Demolished Materials
25.1
As per General conditions
25.4
As per General conditions
Article 26: Discoveries
26.2
As per General conditions
26.3
As per General conditions
Article 28: Soil Studies
28.1
As per General conditions
Article 30: Patents and Licences
30.1
As per General conditions
37
Article 31: Commencement Date
31.1
Following the signature of Contract, the Contractor will be notified in writing at least 15 calendar days
in advance to commence works on site.
31.2
As soon as possession of the site is given to the Contractor, he shall proceed with the works and
complete same as soon as possible. The work shall interface with the Mechanical, Electrical and
Servicing works and shall be carried in parallel with the aforesaid works whenever possible. It is
essential that the whole of this work be completed at the earliest possible, but not later than 2 weeks
from the order to start works.)
Should there be no queries from the Contractor, the necessary work shall proceed and be completed as
soon as possible, respecting the deadlines specified in Article 15 above.
Article 32: Period of Performance
32.1
It is to be made absolutely clear that all works envisaged in this contract are to be carried out in two (2)
weeks, from the order to start work which will be issued on final signature of contract. Finishing and
mechanical/electrical/low voltage services will be carried out concurrently and the period of
performance will take into account works that require to be carried out in succession. Tenderers are to
submit the programme of works over a two (2) week period and are warned that their offers may not be
accepted if this clause is not acceded to.
Article 34: Delays in Execution
34.1
If the Contractor fails to start the works assigned to him on the specified starting date, a penalty of one
thousand two hundred Euros (€1200) per day including Sundays and public holidays shall be imposed until
the works have commenced. Subsequently the Contractor shall be subject to a penalty for delay of one
thousand two hundred Euros (€ 1200) per day inclusive of Sundays and Public Holidays for any delays
over the 2 week period, up to a limit of 20% of the awarded contract. As soon as this figure is reached
the Contracting Authority reserves the right to invoke Clause 34.2 (c) of the General Conditions.
Article 35: Variations and Modifications
35.7
As per General conditions
35.8
As per General conditions
35.9
Final measurements of all the works carried out shall be prepared within four (4) weeks after the
works are completed and paid according to the applicable rates detailed in the Bill of Quantities.
Article 37: Work Register
37.1
As per General conditions
Article 38: Origin
38.1
As per General conditions
Article 39: Quality of Works and Materials
39.2 a)
All materials required for the completion of the works specified shall be provided by the contractor.
b)
The work is to be carried out in the best customary practice and the architect in charge is to be
satisfied that the quality of the materials conforms to that specified herein.
c)
The contractor shall provide without extra charge all labour and equipment required by the architect in
charge of testing, measuring or proving the efficiency of any of the materials used or of any portion or
portions of the completed works.
d)
The Contractor shall guarantee the works that he has carried out, for a Minimum period of twelve
months after completion, against defective materials and all workmanship
38
Article 40: Inspection and Testing
40.2
Tests on any materials, causes, etc. may be taken at any time during the course of the works and the
contractor shall be bound to provide the architect with all such assistance, instruments, machines,
labour and materials as are normally required for examining, measuring and testing any work, and the
quality, weight or quantity of any materials used and shall supply samples of materials before
incorporation in the works, for testing as may be required by the architects, the Project Manager or
Supervisor.
Article 42: Ownership of Plants and Materials
42.2
Article 42 of the General Conditions shall be understood to refer to all equipment, temporary
structures, plant and materials brought on site by the Contractor.
Article 43: Payments: General Principles
43.1
(a) Payments shall be made in Euro, up to 95% of the certified works carried out, with 5% being kept as
retention money.
(b) Payments shall be made by the University of Malta.
43.3
The payment terms referred to under the relative Clause of the General Conditions particular to this
tender state that payment shall be effective within a reasonable period time. This should be taken to
mean that payment is to be effected within 90days from the date of receipt of the invoice or request
for goods delivered, services rendered of work carried out to the satisfaction of the Head of
Department or his representative, failing which the provisions of the Late Payments Directive will come
into effect (30 days as per General Conditions).
43.4
Whenever the 30-day period is mentioned in this article, it is deemed to be 60 days.
Article 44: Pre-financing
44.1
Not Applicable to this tender
Article 45: Retention Monies
45.2
The balance of 5% of the contract sum retained as per Article 43.1 above, will be retained for the
duration of the defects liability period as stipulated in Article 39 (d) above and will only be refunded if
defective work, if any, had been made good to the satisfaction of the architects, the Project Manager
and/or the Supervisor of the Contracting Authority.
Article 46: Price Revision
46.1
No price revisions are allowed
46.3
Prices contained in the Contractor's tender shall be deemed:
a)
to have been determined on the basis of the conditions in force 30 days prior to the latest
date fixed for submission of tenders or, in the case of direct agreement contracts, on the date of the
contract;
b)
to have taken account of the legislation and the relevant tax arrangements applicable at the
reference date fixed in Article 46.3(a).
46.4
In the event of changes to, or introduction of, any national or state statute, ordinance, decree or
other law, or any regulation or bye-law of any local or other public authority, after the date stated in
Article 46.3 which causes a change in the contractual relationship between the parties to the
contract, the Contracting Authority and the Contractor shall consult on how best to proceed further
under the contract, and may as a result of such consultation decide, with the prior approval of the
Central Government Authority:
a)
b)
to modify the contract; or
to provide for compensation for any imbalance caused by one Party to the other; or
39
c)
to terminate the contract by mutual agreement.
46.5
In the event of a delay in the execution of the works for which the Contractor is responsible, or at the
end of the period of performance revised as necessary in accordance with the contract, there shall be
no further revision of prices within the 30 days before provisional acceptance, except for the
application of a new price index, if this is to the benefit of the Contracting Authority.
Article 47: Measurement
47.2
Final measurements of all the works carried out shall be prepared within a reasonable period after
the works are completed and paid according to the applicable rates detailed in the Bill of Quantities
Article 48: Interim Payments
48.1
In line with article 48. 1 of the General Conditions, an interim certificate of payment may be issued
at intervals of not less than one month and not more than three months intervals against invoices
from the Contractor.
Article 50: Delayed Payments
50.1
The period quoted in Article 50.1 of the General Conditions may be subject to change according to
the particular needs of the Department
50.2
Once the deadline laid down in Article 50.1 has expired, the Contractor may, within two months of
late payment, claim late-payment interest:
[Malta Funds]
A contractor would become entitled to the payment of interest at 2% over the rate of interest
established by the European Central Bank for that particular period.
By way of exception, when the interest calculated in accordance with this provision is lower than or
equal to €200, it shall be paid to the Contractor only upon a demand submitted within two months of
receiving late payment.
Article 53: End Date
Malta Funds
Article 53 of the General Conditions is not applicable.
Article 56: Partial Acceptance
56.3
Not Applicable.
Article 57: Provisional Acceptance
As per General Conditions
Article 58: Maintenance Obligations
58.6
The Contractor shall replace at his expense any work, which is proven to be defective even after
completion, up to a maximum of two (2) years.
Article 66: Dispute Settlement by Litigation
Any dispute between the Parties that may arise during the performance of this contract and that has
not been possible to settle otherwise between the Parties shall be submitted to the arbitration of the
Malta Arbitration Centre in accordance with the Arbitration Act (Chapter 387) of the Laws of Malta.
This law is based on “Model Law” which is the Model Law on International Commercial Arbitration
adopted on June 21, 1985 by the United Nations Commission on International Trade Law reproduced in
the First Schedule of the Arbitration Act.
40
VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE
(LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE)
Director of Procurement
Procurement Directorate
Administration Building
Msida MSD2080
Malta
[Date]
Dear Sir,
Our Guarantee Number .......................... for €......................
Account: [Account Holder’s Name]
In connection with the contract entered into between yourself on behalf of the Director of Contracts and
[Name and Address of Contractor] hereinafter referred to as “the Contractor” as per the latter’s tender and
your acceptance under [UM File Reference], whereby the contractor undertook the [title of contract] in
accordance with Article 13 of the Special Conditions the [works/services/supplies] as mentioned, enumerated
or referred to in the Specification and/or Bills of Quantities forming part of the contract documents, we
hereby guarantee to pay you on demand a maximum sum of €[amount in works and numbers] in case the
obligations of the above-mentioned contract are not duly performed by the Contractor.
This guarantee will become payable on your first demand and it shall not be incumbent upon us to verify
whether such demand is justified.
For avoidance of doubt it is hereby declared that although this instrument gives rise to legal relations
between the guarantor and the beneficiary, it is hereby specifically declared for all intents and purposes of
law that this guarantee does not exempt the above-mentioned Contractor from any obligations, acts of
performance or undertaking assumed under the tender documents as ratified in the contract.
Any payments due to the contractor in respect of the obligations entered into under the contract above
referred to shall be made through this Bank.
This guarantee expires on the [expiry date] and unless it is extended by us or returned to us for cancellation
before that date any demand made by you for payment must be received in writing not later than the
aforementioned expiry date.
This document should be returned to us on utilization or expiry or in the event of the guarantee being no
longer required.
After the expiry date and in the absence of a written demand being received by us before such expiry date,
this guarantee shall be null and void, whether returned to us or not, and our liability hereunder shall
terminate.
This guarantee is personal to you, and is not transferable or assignable.
Yours Faithfully,
.............................................
[Signatory on behalf of Guarantor]
41
VOLUME 2 SECTION 5 – SPECIMEN PRE FINANCING PAYMENT GUARANTEE – Not Applicable for this tender
(LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE)
Director of Procurement
Procurement Directorate
Administration Building
Msida MSD2080
Malta
[Date]
[Tender Reference]
Dear Sir,
We the undersigned, [name, company name, address], hereby declare that we will guarantee, as principal
debtor, to [University of Malta's name and address] on behalf of [Contractor's name and address], the
payment of [indicate the amount], corresponding to the guarantee mentioned in Article 44 of the Special
Conditions without dispute, on receipt of a first written request from the beneficiary.
We further agree that no change or addition to or other modification of the terms of the contract or of the
works to be performed thereunder or of any of the contract documents which may be made between you and
the Contractor shall in any way release us from any liability under this guarantee. We hereby waive notice of
any such change, addition or modification.
The guarantee will enter into force and take effect from the [indicate the date of payment of the prefinancing] and shall be valid until the equivalent value of [works/services/supplies] has been certified by the
University of Malta.
We note that you will release the guarantee and notify us of the fact at the latest within thirty days of this
date.
Done at ………….., ../../..
Name and first name: …………………………… On behalf of: …………………
Signature: ……………..
[stamp of the body providing the guarantee]
42
VOLUME 2 SECTION 6 – SPECIMEN RETENTION GUARANTEE – Not Applicable for this Tender
(LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE)
Director of Procurement
Procurement Directorate
Administration Building
Msida MSD2080
Malta
[Date]
[Tender Reference]
Dear Sir,
We, the undersigned, [name, company name, address], hereby declare that we will guarantee, as principal
debtor, to [University of Malta's name and address] on behalf of [Contractor's name and address], the
payment of [indicate the amount], corresponding to the guarantee mentioned in Article 45 of the Special
Conditions without dispute, on receipt of a first written request from the beneficiary.
We further agree that no change or addition to or other modification of the terms of the contract or of the
works to be performed thereunder or of any of the contract documents which may be made between you and
the Contractor shall in any way release us from any liability under this guarantee. We hereby waive notice of
any such change, addition or modification.
The guarantee will enter into force and take effect from the [indicate the date of payment of the sums
retained under the contract] and shall be valid until the date of issue of the certificate of final acceptance.
We note that you will release the guarantee and notify us of the fact at the latest within thirty days of the
date of issue of this certificate.
Done at ………….., ../../..
Name and first name: …………………………… On behalf of: …………………
Signature: ……………..
[stamp of the body providing the guarantee]
43
VOLUME 3 - TECHNICAL SPECIFICATIONS
Note:
Where in this tender document a standard is quoted, it is to be understood that the
Contracting Authority will accept equivalent standards. However, it will be the
responsibility of the respective bidders to prove that the standards they quoted are
equivalent to the standards requested by the Contracting Authority.
Part THREE
3.1 Specifications for Road Works
The specifications covering this contract are the latest “New Roads and Road Works
Regulations” as published by Transport Malta.
3.1.1 National Green Public Procurement Guidelines:
The bidder must demonstrate a technical capacity to take the necessary environmental management
measures in order to ensure that the construction works are executed in an environmental sound
way. The bidder must demonstrate its technical capacity to put into place certain environmental
management measures that meet the following requirements:
-
Ensuring effective protection of fauna and flora in the building area and its surroundings (where
construction takes place in an environmentally sensitive area).
-
Measures to prevent any harmful waste and hazardous substances flows that may adversely
impact on the area.
-
Environmental management measures aimed at minimising waste production on the site,
respecting noise regulations, avoiding traffic congestion.
Verification: Possible means of proof include EMAS and ISO 14001 certificates or equivalent
certificates issued by bodies conforming to Community law or the relevant European or international
standards concerning certification based on environmental management standards. Other means of
evidence provided by the bidder that can prove the required technical capacity will also be
accepted.
3.2
Specifications for Pavement
3.2.1
Excavations and Earthworks
3.2.1.1
Scope of Work
The works shall comprise:
a)
3.2.1.2
to excavate in soft ground to hard rock for trenches and pits and dispose of material as
specified in the Bill of Quantities.
Allied Documents
44
The following documents are to be read in conjunction with these specifications:
3.2.1.3
3.2.1.4
a)
General Conditions of Contract.
b)
Relevant Bill of Quantity.
General
a)
The contractor shall furnish all labour, materials, tools and equipment to complete the works.
b)
Blasting will not be allowed, but if in exceptional cases it is found necessary, the Contractor
shall carry it out entirely on his own responsibility. No blasting is to be carried out without the
written permission of the Engineer-in-Charge. Such permission in no way relieves the
Contractor of his sole and total responsibility, particularly in respect of the stability of the
rock foundation.
c)
"Return, fill and ram" shall mean all handling necessary to return the earth, which has
previously been excavated and deposited in heap around the foundations. The operation is to
be carried out in layers as described, each layer being carefully watered and consolidated by
ramming until the excavation has been made good.
d)
'Cart away' shall mean the disposal of the surplus excavation materials away from the site as
directed by the Architect.
Setting out and Levelling
Further to what is stated elsewhere in these documents, the Contractor shall, before commencing
any excavation, satisfy himself that any dimensions, setting out and site levels, whether spot or
contour, shown on the drawings, are correct. If not satisfied with their accuracy, he should give a
written note to the Engineer-in-Charge and ask for instructions, as otherwise no claim will be
entertained.
3.2.1.5
Grub up Obstructions etc.
Unless otherwise stated in the Schedule, the Contractor is to allow in his tender for breaking up and
removing all obstructions met with during the course of the excavation, including old foundations,
drains, septic tanks and cesspools, etc. and filling with excavated material well consolidated.
3.2.1.6
Excavation
a)
The measurements of all excavations and subsequent disposal are those before excavating and
to any depth required. The increase in bulk and any extra excavation required for planking
and strutting and formwork for concrete, are to be allowed for by the Contractor.
b)
The Contractor is to allow in his rates for all double handling of excavated material and
wheeling and depositing spoil heaps as may be necessary.
c)
Excavations for foundations and other substructure will be in accordance with the drawings
and requirements of the bearing pressure of the ground.
d)
Bottoms of excavations shall be levelled and thoroughly rammed and consolidated and the
Contractor is to allow for this in the rates for excavation.
e)
The Contractor must give reasonable notice to the Architect-in-Charge when foundation
excavations are ready for inspection and no concrete is to be poured or work of similar nature
commenced until such excavations have been approved.
45
f)
3.2.1.7
In the event of the Contractor excavating below the levels or beyond the widths shown or
directed without written instructions, the Contractor shall, at his own expense, fill the
excavation to the proper level specified, with concrete of the same quality to be used in the
foundations.
Keeping Site Dry
The Contractor shall take all necessary measures and shall allow for keeping the Site of Works free
of any ground or rainwater, and he shall for this purpose:
(i)
Form any drainage channels, whether temporary or permanent, at no extra charge to the
Employer, and at positions to be agreed with the Engineer-in-Charge.
(ii)
Provide, maintain and run sufficient pumps on site, together with all related equipment, to
remove all water from the Site of Works and to discharge this into the public sewer, or into
such other location as may be indicated by the Engineer-in-Charge, and to remove any silt or
debris left by the work.
(iii)
Obtain and maintain any consents necessary in respect of pumping of water as described in (ii)
above, and give all notices required and pay any fees due in connection therewith.
(iv)
The Contractor must not, without written permission from the Engineer-in-Charge, use any
method of keeping the excavation free from water which involves continuous pumping so as to
withdraw water from the foundations of adjoining sites.
3.2.1.8 Planking and Strutting
The Contractor is to allow in his rates for excavation, all necessary planking and strutting. The
Contractor is at all times responsible for the safety of the excavations. He is to provide all necessary
planking to ensure this. Should any damage result to the excavations or works, the Contractor will be
held entirely responsible for any necessary extra works required or needed by virtue of this, and such
works will be at his own expense.
3.2.1.9 Reinstatement of Excavation
a)
Prior to backfilling, all formwork and support timber shall be removed from the bottom of the
excavation. Support timber shall only be removed to a height consistent with preventing
collapse of the excavation and shall be progressively withdrawn as filling proceeds.
b)
No formwork or support timber shall be abandoned in the excavation without the specific
approval of the Engineer-in-Charge. Filling and ramming shall be added to make the rock soft
and cohesive.
c)
All reinstated excavated materials to foundations must be solidly tamped at every 150mm
backfill.
d)
No voids are to be left in the filling and every effort should be made to return the maximum
volume of backfill into the excavation.
3.2.2
Concrete Works
3.2.2.1
Scope of Works
The works to be carried out by the Contractor comprise the following:
a)
Preparation of the necessary moulds, casting beds and shuttering for all concrete works
involved.
46
b)
The construction of foundation strips and column bases.
c)
The construction of the staircases connecting all levels.
d)
The construction of all concrete slabs, beams. Columns, ring beams, lintols etc., including the
supply and cutting, hoisting and laying into place of all the required reinforcement.
e)
The manufacture and hoisting into position of pre-stressed / pre-cast concrete units to form
the roof slabs. All units to be properly grouted and left ready for application of roof waterproofing system.
All concrete works shall be carried out in strict accordance with the drawings and/or as direct by the
Engineer-in-Charge.
3.2.2.2
Allied Documents
The following allied documents shall be read in conjunction with this Specification:
3.2.2.3
3.2.2.4
a)
General Conditions of Contract
b)
Relevant Bill of Quantity and Drawings.
Compliance with Regulations
a)
All concrete and constituent materials shall comply with the requirements of BS 5328: 1981 Methods of Specifying Concrete.
b)
Comply also with BS 8110: Part 1 - The Structural Use of Concrete.
c)
The Contractor may use equivalent standards to the ones quoted. Alternative standards may
also be used provided their difference from the ones specified will be clearly explained at the
time of tendering.
Materials
a)
Cement
i. Cement shall be ordinary Portland cement conforming with B.S. 12 or equivalent. Each
consignment of cement shall be stored in a dry, well ventilated waterproof place,
with boarded timber floors.
ii. Cement shall moreover be of a brand approved by the Engineer-in-Charge and shall be
used in order of delivery. Tests on cement shall be made at the discretion of the
Engineer-in-Charge, and any cement below the standard required will have to be
removed from site and replaced by the Contractor at his expense. Partially set or
damaged cement shall not be used in concrete works.
iii. Different brands of cement are not to be mixed in the same batch.
b)
Aggregates
i. Coarse aggregate shall consist of first quality crushed hard stone passing a 20mm mesh
screen and retrained on a 5mm mesh screen. It shall be well graded between these
limits to yield a compact mass.
47
ii. Sand or fine aggregate is to be clean, sharp and 'gritty' free from loamy matter and
other deleterious substances to pass a 5mm mesh sieve and retaining 25% on a
2.36mm mesh screen, graded between these limits. The sand is to be washed and
screened when so directed by the Engineer-in-Charge at the expense of the
Contractor.
c)
Water
Clean fresh water, entirely free from organic matter shall be used. The necessary quantities
of water shall be provided by Contractor at his own expense.
d)
Ready Mixed Concrete
If ready mixed concrete is permitted by the Engineer-in-Charge, the concrete shall comply
with the requirements of this specification and shall additionally conform to the
requirements of the B.R.M.C.A. publication 'Codes for Ready Mixed Concrete' May 1975. If
anomalies arise between this publication and BS 5328, the British Standard will take
precedence.
e)
Reinforcement
i.
Preparation of Reinforcement
The reinforcement is to be free from oil, paint, mild scale, excessive rust or coating of
any character, which would tend to destroy its adhesive bond with the concrete.
ii.
Bending of Reinforcement
- All rods shall be bent cold in accordance with BS 4466.
- Rods showing signs of cracking or brittleness following bending, shall not be used in
the Works.
- No welding of rods will be permitted, except tack or positional welding between
plain mild steel rods crossing approximately at right angles so as to fix them in
position, such welding of high tensile or work-hardened mild steel rods will not be
allowed except in fabric to BS 4483.
- Care is to be taken to ensure that the overall depth of bent rods and the overall
size of links are accurate, and that the rods do not unwind after they are bent.
iii.
Fixing of Reinforcement
-
Adequate temporary spacers, chairs and binding wire shall be provided to maintain
the steel in correct position. Binding wire is to be thoroughly annealed 1.5mm
diameter soft iron wire. These items shall be deemed to be included in the rates
for fixing.
-
Covers to the steel reinforcement shall be properly maintained.
-
Fabric reinforcement shall be lapped 400mm in each direction and tied at 300mm
centres along each joint, or as shown on drawings.
-
On no account is any reinforcement to be left out for insertion into web concrete
during the progress of concreting, and in no case may any portion of the concrete
be put in position and allowed to set in order to act as a base upon which to set up
any of the reinforcement for the member.
48
iv.
Inspection of fixed Reinforcement
When the reinforcement is in position ready for concreting, the Contractor must notify
the Engineer-in-Charge who is to arrange for it to be checked before any of it is
covered up with concrete. Such checking will not relieve the Contractor from any of
his responsibilities under the Contract.
3.2.2.5 Execution
a)
Shuttering
i. The Contractor shall be entirely responsible for the design, erection and safe removal of all
shuttering.
ii. Faces in contact with concrete shall be free from adhering grout, projecting nails, splits, or
other defects. Joints shall be sufficiently tight to prevent the leakage of cement grout and
to avoid formation of fins or other blemishes. Faulty joints shall be caulked.
iii. Surface finishes on shuttering shall be as shown on the Drawing and shall conform to 6.10
of BS 8110.
- Shuttering faces shall be treated with the minimum of mould oil necessary to obtain a
clean release.
- All shuttering be removed by gradual easing without such shock or vibration as would
damage the concrete and in no circumstances shall the shutters be struck until the
concrete reaches sufficient strength to withstand any stresses to which it may be
subjected.
b)
Casting of Concrete
i. All shuttering must be thoroughly cleaned out with compressed air immediately before
deposition of concrete ; all concrete, must be placed in position immediately after mixing
and every subsequent operation necessary to complete the finished concrete must follow
on without delay, and must be all finished before the concrete starts to harden. Usually,
with ordinary cement, all work upon the concrete should be completed within an hour
after mixing.
ii. All shuttering and reinforcement shall be clean and free from water, immediately before
the placing of concrete. Any accumulation of set concrete or grout on the reinforcement
shall be removed by wire brushing before concrete is placed.
iii. Concrete shall not be placed in any part of the works until the Engineer-in-Change's
approval being given. If concreting is not started with 24 hours of approval being given,
approval shall again be obtained from the Engineer-in-Charge.
iv. The concrete of all horizontal construction joints (including 'kickers') in walls, etc, is to be
finished to a level line.
v. Leakage of grout running on to exposed faces of already cast concrete is to be cleaned off
before it commences to set.
vi. A competent steel fixer is to be available whilst concreting is in progress in order to
reposition and adjust any reinforcement which may have become displaced.
c)
Placing of Concrete
i. The methods of placing concrete shall be to the approval of the Engineer-in-Charge.
Concrete shall be so placed that contamination, segregation or loss of the constituent
materials does not occur.
49
ii. Concrete is not to be distributed to its final position by means of vibration.
iii. Care must be taken not to move reinforcement during concreting. Shaking of reinforcement
to assist the placing of concrete will not be permitted.
iv. Care must be taken to ensure that any rods which project from set or partially set concrete
are not moved or jarred.
v. Concreting must be carried on continuously up to construction joints. All construction
joints must be carefully arranged in approved positions where they will have the least
effect upon the strength of the structure, and any pauses in the work (such as for meals)
must be arranged as far as possible to occur at approved construction joints. No slips will
be permitted in connection with construction joints in concrete, and all such joints must be
made against a rigidly fixed board having one or more splayed battens fixed longitudinally
thereto, (either vertically or horizontally as ordered) so that the joint is on a surface in a
plane normal to it for the next section of work, or in such other manner as directed. Great
care is to be taken to ensure by thoroughly ramming that the new concrete bonds solidly
with the old.
vi. In all cases, where work has to be recommenced on a surface which has hardened, all
laitance, loose stones and debris must be removed therefrom, the surface must be well
hacked rough, swept clean and thoroughly wetted. In all cases, great care must be taken
to ensure by thoroughly ramming that the new concrete bonds solidly with the old.
d)
Transporting of Concrete
e)
The concrete shall be discharged from the mixer and transported to the works by means which
shall prevent adulteration, segregation or loss of ingredients, and so as to ensure that the
concrete is of the required workability at the point and time of placing. Segregated concrete
will be rejected.
Compaction of Concrete
i. All concrete is to be consolidated by vibration to ensure that the concrete is worked into
every interstice between and around the reinforcement so as to ensure a compact mass
without voids and of the greatest possible density throughout.
ii. Wherever possible, vibration is to be carried out with immersion vibrators which are to be
applied for short duration sufficiently frequently to consolidate the concrete effectively.
Points of vibration are in no case to be farther apart than 500mm. Immersion vibrators are
to be totally immersed in the concrete and withdrawn slowly, the maximum speed of
withdrawal is not to exceed 75mm per second. Vibrators are not to be allowed to rest
against, or come into contact with reinforcement of the faces or formwork.
f)
Curing and Protection of Concrete
i. Minimum periods shall be indicated in Table 6.5 of BS 8110: Part 1:1985.
ii. Traffic or loading must not be allowed on the concrete is, on the opinion of the Engineerin-Charge, sufficiently matured, and in no case, shall traffic or loading be of such
magnitude as to cause deflection or other movement in the formwork or damage to the
concrete member.
iii. Concrete must be protected during hardening from the harmful effects to the weather, or
running water. The protection shall be applied immediately after completion of placing by
one or more of the following methods:
- By covering with a layer of sand, sacking, canvas, hessian, straw mats or similar
absorbent materials and keeping constantly wet for 72 hours.
- By thoroughly wetting and then covering with a layer of approved waterproof paper or
plastic sheet or insulated mats kept close to the concrete for 72 hours.
50
3.2.2.6 Quality Assurance
a)
Quality Control
Every facility shall be provided to enable the Engineer-in-Charge to obtain samples and carry
out tests on the materials or construction do not comply with the requirements of this
specification, the Contractor shall be responsible for the costs of the tests and the
replacement of defective materials and/or construction.
b)
Cube Testing of Concrete
i.
Work cube test shall be made in approved 150mm moulds from samples taken in
accordance with BS 1881. Samples shall be taken for at least every 20 cu.m. of concrete
produced or 20 Site batches, whichever is the lesser. Test cubes should be taken from
every individual pour of concrete irrespective of the volume of concrete poured - a pour
being defined as one continuous concreting operation i.e. not necessarily one lorry load
of concrete.
ii.
Each cube shall be marked on its surface without any etching of the surface with a
distinguishing number and the date, and a record shall be kept on site giving the
following:
Cube Number
Date Made
Location of work within the Site
Design Mix
Name of person taking samples
Crushing tests results
Date
Strength
Density
In the case of Ready Mix Concrete, the Delivery Note No.
iii.
At least four, preferably six, test cubes from each sample shall be made in approved
150mm moulds, two, preferably three, to be tested at 7 days, and two, preferably three
to be tested at 28 days. In each case, the average of the two or three results shall be
taken as the test result.
iv.
All cubes shall be stored on site in their mould for at least 24 hours, in a place free from
vibration, under damp matting and completely covered with polythene. When the
concrete has achieved sufficient strength the cubes shall be demoulded and
immediately submerged in a tank of water until they are taken to the approved
independent testing laboratory. No cube shall be dispatched before it is 3 days old. The
testing laboratory shall be approved by the Engineer-in-Charge before the
commencement of the concreting operations.
v.
One copy of all cube test results shall be forwarded to the Engineer-in-Charge.
Compliance with the specified concrete quality shall be judged according to BS 5628.
The concrete in each grade will be considered acceptable if the average of any four
consecutive 28 day test results exceeds the specified grade by 3 N/sq.mm. and if no
individual 28-day test result is less than the specified grade by 3N/sq.mm.
vi.
The 7 day result will be compared to the 7-day result obtained in the trial mixes, and
the Contractor advised of the potential problems in any instances where the test result
is more that 2N/sq.mm. less than the trial mixes.
vii.
The Contractor shall allow in his rates for concrete for all expenses in connection with
the preparation, conveying to the testing laboratory, and for the testing of the test
cubes.
The compression strengths of the cube shall attain the following minimum values.
51
Concrete Class
Designation
7 day Compressive
Strength N/mm2
28 day Compressive
Strength N/mm2
Minimum Cement
Content kg/m3
Grade 15
10
15
270
14
20
310
17
25c
330
20
30
360
Grade 20
Grade 25
Grade 30
3.2.2.7 Pre-stressed / Pre-cast Concrete Roof Slabs
Roof slabs shall be constructed as shown in drawings and / or as directed by the Engineer-in-Charge,
and shall be of pre-cast/pre-stressed units constructed as per drawings.
The pre-stressed concrete roof slabs shall be manufactured in accordance with BS 8110: Structural use
of Concrete. Grade 30 concrete (minimum) shall be used in their manufacture.
The pre-stressed concrete planks shall exhibit a high standard of finish.
Only those pre-stressed planks which are accompanied by a certificate signed by an Architect and Civil
Engineer shall be accepted.
Deflection cracks shall be limited to a maximum width of 0.1mm.
Planks are to be capable of withstanding transport, hoisting, laying in place and the superimposed
loads specified in the Bills of Quantities.
Trimming and/or finishing of planks on site of works will not be permitted.
Prestressed planks are to be placed to the following tolerance. longitudinally +/-12mm
transversely +/-15mm
Where the planks are to take a concrete topping, the grouting in between the planks shall be carried
out during the same pour.
Concrete for grouting shall have an aggregate size of not more than 12mm. All grouting shall be
mechanically vibrated and shall contain 20mm continuity reinforcing bars as directed.
All grouting and concrete topping shall be cured in accordance with BS 8110.
Tenderers must submit with their tender document, the properties including deflections and
calculations signed by a qualified Architect and Civil Engineer.
52
VOLUME 4 – FINANCIAL BID
TENDER FOR RESURFACING OF ROADS AT THE
UNIVERSITY OF MALTA USING ENVIRONMENTALLY SOUND
CONSTRUCTION METHODS AND MATERIALS.
53
UM 1713- Tender for Resurfacing of Roads at the University of Malta
environmentally sound construction methods and materials.
using
Bills of Quantities
Bill No. A
-
Resurfacing of Roads
Bill No. B
-
Pedestrian Walkway
Bill No. C
-
Dayworks
54
BILL OF QUANTITIES
BILL A – Road Resurfacing Works
Item
Description
Qty
Unit Rate
(€)
Total
(€)
(including VAT, Eco
Contribution (if any)
and all other charges
as may be applicable)
(including VAT, Eco
Contribution (if any) and
all other charges as may
be applicable)
Bill A Road Resurfacing Works.
1
2
3
4
5
6
7
8
9
A
Scarifying of road surfaces,
clearing of site, carting away and
preparation of surface to receive
dense bitumen macadam. Existing
surface to be levelled by 100 mm.
Supply and apply tack coat
between macadam layers.
Supply,
transport,
laying,
compaction and rolling of dense
bitumen macadam 100mm thick
applied in two coat layers of
50mm each with tack coat in
between, to falls, crossfalls or
slopes.
Extra over item A1 for scarifying
along walls
Extra over item A1 for working
around projections.
Removal of existing manhole
covers load and cart away
resulting material. Rate is to
include for the cleaning of any
material that falls in the manhole.
Supply, delivery and installation
of D400 heavy duty tight seal
manholes.
Extra over item A4 for additional
25mm dense bitumen macadam
over scarified areas.
Trimming of existing road surface
using tarmac saw.
3000 sq.m
3000 sq.m
3000 sq.m
300 m.
20 No.
20 No.
20 No.
350 sq.m
40m
Total Bill A carried forward to summary on page 58
55
Bill B – Pedestrian Footway Works
Item
Description
Bill B
Pedestrian Footway Works.
1
2
3
4
5
B
Removal
of
existing
pedestrian footpath, load and
cart away resultant material.
Trimming of existing road
surface to delineate position
for proposed kerb. (Using
tarmac saw or other approved
method).
Supply and lay concrete strip
(C30) footings under kerb.
Supply and lay precast half
battered
concrete
kerb
(225mm high), bedded and
jointed in cement- sand
mortar, laid level or to falls
inclusive of grouting. (As
instructed)
Supply and lay stencilled
patterned concrete slab (C25)
125mm thick. Price inclusive
of all primer, hardeners and
finishes.
Qty.
Unit
100
Sq.m
60
m
20
Cu. m
60
m
150
Sq. m
Unit Rate (€)
Total (€)
(including VAT, Eco
Contribution (if any)
and all other charges as
may be applicable)
(including VAT, Eco
Contribution (if any)
and all other charges as
may be applicable)
Total Bill B carried forward to summary on page 58
56
BILL No. C - Dayworks (Provisional)
Unit Rate
(€)
Item
Description
Qty
Unit
(including VAT, Eco
Contribution (if
any) and all other
charges as may be
applicable
Total
(€)
(including VAT, Eco
Contribution (if any)
and all other charges
as may be applicable
(Provisional)
Preamble
Dayworks will only be payable when
expressly ordered in writing by the
Engineer.
Labour
The rates payable in respect of
labour shall be in accordance with
the Schedule of Rates detailed at
Appendix I.
Such rates shall
include
for
supervision
and
provision of small tools.
Materials
The costs payable in respect of
materials shall be chargeable at the
net price paid by the Contractor for
the materials delivered to site after
deduction of all discounts and
before applying the percentage
addition of 10% (ten percent) for
Contractor’s services.
Plant
The rates payable in respect of
plant shall be in accordance with
the Schedule of Rates detailed at
Appendix II. However, a reduction
of 20% of the schedule of rates
shall be made for electrically
operated plant when the supply of
electrical energy is supplied free of
charge by the Employer. When the
plant used on daywork is authorised
as “standing”, the schedule rate
shall be reduced by 33%.
End of Preamble
57
Item
Description
Qty
Unit
Unit Rate
(€)
Total
(€)
(including VAT, Eco
Contribution (if any) and
all other charges as may
be applicable
(including VAT, Eco
Contribution (if any)
and all other charges
as may be applicable
Labour
Provide the sum of € 2,000 for the
cost of labour. These costs shall be
charged at the actual hours
worked.
C.01
The rate shall cover all other
charges of every description,
including
bonus
incentives,
superintendence,
foreman,
administrative staff, timekeeper,
insurances, pensions, holidays with
pay, use of small tools (including
sharpening), appliances and plant
(not included in ‘plant’ below),
establishment charges and profit.
2,000
Materials
Provide the sum of € 1,800 for the
net cost of materials expended on
dayworks.
C.02
Add to the above cost a percentage
of 10% (to be stated and extended)
to cover the cost of delivery,
unloading,
unpacking,
storing,
protecting, hoisting, distributing on
site and for all establishment
charges and profit.
1980
Plant
Provide the sum of € 2,020 for the
cost of plant used on daywork.
C.03
C.
The rate shall cover all costs
including driver/attendant, fuel,
establishment charges and profit in
connection with the use of plant on
daywork.
Total Bill C (Dayworks) carried forward to Summary on Page 58
2,020
6,000
58
SCHEDULE OF RATES
1.
FOR LABOUR EMPLOYED ON DAYWORK
The Contractor shall insert below the category of labour together with the appropriate "all
inclusive" rates which he considers may be required for use on Daywork and that will apply
up the expiration of the Defects Liability period.
LABOUR CATEGORY
WORKING DAY
HOURLY RATE
€
WORK BEYOND
WORKING DAY
HOURLY RATE
€
MASON
LABOURER
PLUMBER
MECHANICAL FITTER
ASSISTANT MECHANICAL FITTER
ELECTRICAL FITTER
ASSISTANT ELECTRICAL FITTER
TILE LAYER
METAL WORKER
PAINTER
PLASTERER
DRAIN LAYER
59
SCHEDULE OF RATES
II.
FOR PLANT USED ON DAYWORK
The Contractor hall insert below in respect of all items of Plant, which he considers, may
be required for use on Daywork together with the appropriate "all inclusive" rate per hour
that will apply up to the expiration of the Defects Liability period.
LABOUR CATEGORY
WORKING DAY
HOURLY RATE
€
WORK BEYOND
WORKING DAY
HOURLY RATE
€
COMPACTOR
DUMPER
MECHANICAL SHOVEL
CONCRETE MIXER
TRUCK (10 TON)
COMPRESSOR
PIPE BENDING MACHINE
PNEUMATIC DRILL/ JACK
HAMMER
WATER PUMP
STEEL CUTTING MACHINE
PNEUMATIC DRILLING
WELDING EQUIPMENT
TRENCHER
AND OTHER TOOLS
60
UM 1713 - Tender for Resurfacing of Roads at the University of Malta using
environmentally sound construction methods and materials.
Summary
Amount (€)
(including VAT, Eco Contribution (if
any) and all other charges as may be
applicable
Bill No. A – Road Resurfacing
Bill No. B – Pedestrian Footway Works
Bill No. C- Dayworks (Provisional)
6,000
Grand Total carried forward to Tender Form on page 17
The successful bidder shall be bound to conform in all respects with VAT legislation and
regulations.
Signature: ....................................................................
(the person or persons authorised to sign on behalf of the tenderer)
Date:
....................................................................
61
VOLUME 5 – DRAWINGS
Design Documents, including Drawings
Section 5.1
List of drawings attached
Drawing No.
1.
Name
Drawing Ref. No.
2.
3.
4.
5.
6.
62
Section 5.2
List of design documents available – Not Applicable
No
Designer
Design No
Design name
Date
1.
2.
3.
4
63