UM1729
TENDER FOR FRAMELESS GLASS DOORS AND STAINLESS
STEEL AND GLASS HANDRAIL/GRABRAIL, AT THE
VALLETTA CAMPUS -UNIVERSITY OF MALTA.
Date Published:
19th July 2013
Closing Date:
2nd August 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
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TABLE OF CONTENTS
Table of Contents ........................................................................................... 2
VOLUME 1 SECTION 1 – INSTRUCTIONS TO TENDERERS .............................................. 4
A. GENERAL PART ........................................................................................... 4
1. General Instructions ........................................................................................................................... 4
2. Timetable ............................................................................................................................................. 4
3. Lots........................................................................................................................................................ 5
4. Financing .............................................................................................................................................. 5
5. Eligibility .............................................................................................................................................. 5
6. Selection Criteria................................................................................................................................ 5
7. Multiple Tenders ................................................................................................................................. 6
8. Tender Expenses ................................................................................................................................. 6
9. Site Inspection..................................................................................................................................... 6
B. TENDER DOCUMENTS.................................................................................... 7
10. Content of Tender Document ......................................................................................................... 7
11. Explanations/Clarification Notes Concerning Tender Documents ........................................... 7
12. Labour Law ........................................................................................................................................ 8
13. Law ...................................................................................................................................................... 8
C. TENDER PREPARATION ................................................................................. 8
14. Language of Tenders ........................................................................................................................ 8
15. Presentation of Tenders .................................................................................................................. 8
16. Content of Tender (Single-Envelope System) .............................................................................. 8
17. Tender Prices .................................................................................................................................... 9
18. Currencies of Tender and Payments ........................................................................................... 10
19. Period of Validity of Tenders ....................................................................................................... 10
20. Tender Guarantee (Bid Bond) ...................................................................................................... 10
21. Variant Solutions............................................................................................................................. 10
22. Preparation and Signing of Tenders ............................................................................................ 10
D. SUBMISSION OF TENDERS ............................................................................ 11
23. Sealing and Marking of Tenders ................................................................................................... 11
24. Extension of Deadline for Submission of Tenders ..................................................................... 11
25. Late Tenders ................................................................................................................................... 11
26. Alterations and Withdrawal of Tenders ..................................................................................... 11
E. OPENING AND EVALUATION OF OFFERS ........................................................... 12
27. Opening of Tenders ........................................................................................................................ 12
28. Secrecy of the Procedure .............................................................................................................. 13
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 ......................................................................... 15
35. Contract Signing and Performance Guarantee .......................................................................... 15
36. Commencement of Works (Order To Start Works) ................................................................... 16
G. MISCELLANEOUS ....................................................................................... 16
37. Ethics Clauses .................................................................................................................................. 16
38. Data Protection and Freedom of Information ........................................................................... 17
39. Gender Equality .............................................................................................................................. 17
VOLUME 1 SECTION 2 – TENDER FORM ................................................................ 18
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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/Designs............................................................................................... 27
VOLUME 1 SECTION 5 – GLOSSARY ..................................................................... 29
VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC PROCUREMENT REGULATIONS ....... 31
VOLUME 2 SECTION 1 – DRAFT LETTER OF ACCEPTANCE.......................................... 32
VOLUME 2 SECTION 2 – GENERAL CONDITIONS ...................................................... 33
VOLUME 2 SECTION 3 – SPECIAL CONDITIONS........................................................ 34
VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE .................................. 44
VOLUME 3 – Technical Specifications ................................................................. 45
VOLUME 4 – FinANCIAL BID .............................................................................. 60
VOLUME 5 - Drawings .................................................................................... 72
List of drawings attached .................................................................................................................... 72
~~~~~~~~~~~~~~~
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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 frameless glass doors and stainless steel and glass handrail-grabrail, at
the Valletta campus – 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 9.2)
TIME*
Not Applicable
======
Deadline for request for any additional information
from the Contracting Authority
Friday, 26th July 2013
12.00pm
Last date on which additional information are
issued by the University of Malta
Wednesday, 31st July 2013
12.00pm
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Deadline for submission of tenders /
Tender Opening Session
Friday, 2nd August 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.
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.
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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
(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
year must be at least (1) in number.
last one (1)
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.
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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
www.contracts.gov.mt/conditions)
Special Conditions
Technical Specifications
Model Financial Bid/Bill of Quantities
Drawings
from
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 7 calendar days before the deadline for submission of tenders, that is up to Friday 26th July
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.
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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.
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)
Page 8
(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
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
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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
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
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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
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
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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.
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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.
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
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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].
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
Page 14
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
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
Page 15
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)
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
Page 16
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
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)
TENDER FOR FRAMELESS GLASS DOORS AND STAINLESS STEEL AND GLASS
HANDRAIL/GRABRAIL, AT THE VALLETTA CAMPUS - UNIVERSITY OF MALTA.><UM1729>
<
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
[UM1729] of [12/07/2013]. 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: [Preliminaries]
Bill B: [Glazing Works
Bill C: [Stainless Steel and Glass Handrail / Grabrails]
Bill D: [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 69 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
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
(A)
Malta
Page 25
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:
....................................................................
Page 26
3. Literature/List of Samples/Designs
1. List of technical literature to be submitted with the tender:
Item/Description
FRAMELESS Glass double leaf doors system in
10mm Toughened glass. Fixed side glass panels,
fanlight, floor concealed door closer and all
hardware, including stainless steel hinges,
handles, closers, locks etc.
FRAMELESS Glass single leaf doors in 10mm
Toughened glass. Fixed side glass panels,
fanlight, floor concealed door closer and all
hardware, including stainless steel hinges,
handles, closers, locks etc.
Stainless Steel Staircase Handrail/Grabrail
with stainless steel grab rail, running from
ground floor up to first level and including all
accessories, fasteners, bolts, nuts, end caps in
accordance with Access for All guidelines 2011.
Drawings to include details of anchorage to
existing stairs/walls including joints and
fixtures and fittings to be used.
Reference in Technical Specifications
Volume 3 – Technical Specifications and
Item B1 of the BOQ
Volume 3 – Technical Specifications and
Item B2 of the BOQ
Volume 3 – Technical Specifications and
Item C2/C3 of the BOQ
2. List of samples to be submitted with the tender:
Item / Description
Handle for frameless glass doors
Hinges for frameless glass doors
Floor concealed door closer for frameless glass
doors
Lock for frameless glass doors
Stainless steel handrail and upright pipe
supports including end caps and glass panel
supports
Reference in Technical Specifications
Volume 3 – Technical
Item B1/B2 of the BOQ
Volume 3 – Technical
Item B1/B2 of the BOQ
Volume 3 – Technical
Item B1/B2 of the BOQ
Volume 3 – Technical
Item B1/B2 of the BOQ
Specifications and
Specifications and
Specifications and
Specifications and
Volume 3 – Technical Specifications and
Item C2/3 of the BOQ
3. List of Proposed Designs to be submitted with the tender:
Item/Description
Design of FRAMELESS Glass double leaf doors
system in 10mm Toughened glass. Fixed side
glass panels, fanlight, door closer and all
hardware, including stainless steel hinges,
handles, closers, locks etc
Design of FRAMELESS Glass single leaf doors
in 10mm Toughened glass. Fixed side glass
panels, fanlight, door closer and all hardware,
including stainless steel hinges, handles,
closers, locks etc.
Reference in Technical Specifications
Volume 3 – Technical Specifications and
Item B1 of the BOQ
Volume 3 – Technical Specifications and
Item B2 of the BOQ
Page 27
Preliminary design of Stainless Steel Staircase
Handrail/Grabrail with stainless steel grab
rail, running from ground floor up to first level
and including all accessories, fasteners, bolts,
nuts end caps in accordance with Access for All
guidelines 2011. Drawings to include details of
anchorage to existing stairs/walls including
joints and fixtures and fittings to be used
Signature:
Volume 3 – Technical Specifications and
Item C2/3 of the BOQ
....................................................................
(the person or persons authorised to sign on behalf of the tenderer)
Date:
....................................................................
Page 28
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.
Page 29
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.
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.
Page 30
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.
Page 31
VOLUME 2
VOLUME 2 SECTION 1 – DRAFT LETTER OF ACCEPTANCE
Our Ref: EB/eb/_______
[……………………………………..]
[……………………………………..]
[……………………………………..]
[……………………………………..]
Attn [……………………………………..] [……………………………………..]
Dear Sirs,
UM 1729 -
TENDER FOR FRAMELESS GLASS DOORS AND STAINLESS STEEL AND GLASS
HANDRAIL/GRABRAIL, AT THE VALLETTA CAMPUS -UNIVERSITY OF MALTA.
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 supply, deliver and install, the
detailed furniture as 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
Page 32
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.
Page 33
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.
38.1.1
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.
38.1.2
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.
38.1.3
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
38.1.4
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
Page 34
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.
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.
38.1.5
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.
38.1.6
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.
38.1.7
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.
Page 35
Without prejudice to the Contents of Articles
Conditions:-
11.1 to 11.10 of the General
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 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 coordinate his works with other Contractors carrying out other works. At no time shall
Page 36
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.
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.
Page 37
(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.
38.1.8
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.
38.1.9
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.
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
Page 38
unlimited. The policy shall be in the joint names of the Contracting Authority
and the contractor and shall include cross liabilities clauses
38.1.10
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.
38.1.11
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.
38.1.12
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
38.1.13
As per General conditions
38.1.14
Article 25: Demolished Materials
25.1
As per General conditions
25.4
As per General conditions
38.1.15
Article 26: Discoveries
26.2
As per General conditions
26.3
As per General conditions
38.1.16
28.1
Article 28: Soil Studies
As per General conditions
Page 39
38.1.17
30.1
38.1.18
Article 30: Patents and Licences
As per General conditions
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 4
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.
38.1.19
32.1
38.1.20
34.1
38.1.21
Article 32: Period of Performance
It is to be made absolutely clear that all works envisaged in this contract are to
be carried out in FOUR (4) 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 FOUR (4) week period
and are warned that their offers may not be accepted if this clause is not
acceded to.
Article 34: Delays in Execution
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 4 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.
38.1.22
Article 37: Work Register
Page 40
37.1
38.1.23
38.1
38.1.24
39.2
38.1.25
40.2
38.1.26
42.2
38.1.27
43.1
As per General conditions
Article 38: Origin
As per General conditions
Article 39: Quality of Works and Materials
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
Article 40: Inspection and Testing
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
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
(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).
Page 41
43.4
38.1.28
44.1
38.1.29
45.2
38.1.30
Whenever the 30-day period is mentioned in this article, it is deemed to be 60
days.
Article 44: Pre-financing
Not Applicable to this tender
Article 45: Retention Monies
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) to modify the contract; or
b) to provide for compensation for any imbalance caused by one Party to
the other; or
c) to terminate the contract by mutual agreement.
46.5
38.1.31
47.2
38.1.32
48.1
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
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
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.
Page 42
38.1.33
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.
38.1.34
Article 53: End Date
Malta Funds
Article 53 of the General Conditions is not applicable.
38.1.35
56.3
38.1.36
Article 56: Partial Acceptance
Not Applicable.
Article 57: Provisional Acceptance
As per General Conditions
38.1.37
58.6
38.1.38
Article 58: Maintenance Obligations
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.
Page 43
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 abovementioned 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]
Page 44
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.
3.1
SPECIFICATIONS FOR FULL GLASS DOORS
3.1.1
(WHERE
I.
3.1.2
I.
3.1.3
I.
3.1.4
I.
3.1.5
COMPLIANCE – SAMPLE SIZE AND FREQUENCY OF SAMPLING
APPLICABLE)
Where applicable, compliance shall be demonstrated through testing
and/or certification of products and/or processes as outlined in the
ensuing clauses.
ON SITE MEASUREMENT
For items to be installed within a structure the Contractor shall
ascertain the actual dimensions of the part of the structure
accommodating the respective item by means of site measurement prior
to the manufacture of such item.
SAMPLES
The Contractor may be required to submit a pre-production assembled
sample of the unit/s inclusive of glazing, hinges, locks and any other
fixings and fixtures to the Project Manager for approval.
TECHNICAL LITERATURE
The Contractor may be requested to submit further detailed technical
information in addition to that presented with the tender regarding the
type of assembly, test performance characteristics, the proposed finish
and any other information which may be required to clarify construction
details.
DESIGN AND DRAWINGS
I.
The Contractor shall provide shop drawings in A1 hardcopy format (and
in electronic format) and detailed schedules for all units when so
requested by the Project Manager.
II.
Prior to the start of the works the Contractor shall submit for the
approval of the Project Manager all construction and dimensional
details, template designs of mouldings / panelling and details of all
fittings.
Page 45
3.1.6
I.
3.1.7
TRANSPORT AND INSTALLATION
The Contractor is responsible for the safe transport and installation of
the units ensuring that all are in good working order and that the
locking devices and holding pegs are all in place.
WORKMANSHIP
I.
The frame and hanging arrangement shall be such as to support the
weight
of the structure without any jamming, excessive sagging,
twisting or distortion.
II.
The Contractor shall comply with any special security provisions and
incorporate any such requirements if so instructed by the Project
Manager.
III.
The design shall incorporate air and/or dust seals.
3.1.8
CONSTRUCTION - GENERAL
I.
The Glass doors shall consist of double leaf doors and Single leaf doors,
as specified in the BOQ.
II.
The Glass shall be 8mm toughened glass throughout the whole
construction (sample to be provided).
III.
Glass doors shall be fixed on stainless steel hinges (sample to be
provided).
IV.
The overall construction may have Brushed stainless steel mullions
according to needs and as agreed with Project Manager.
V.
The Glass doors shall have concealed transom closer (sample to be
provided).
VI.
The Glass doors shall be complete with pull handles and Central patch
lock with euro profile cylinder (samples to be provided).
3.1.9
INSTALLATION
I.
During installation units and frames shall not be twisted nor forced to
fit them into openings.
II.
The selection of the sealant shall be based on its adhesion
compatibility with the specified used material and adjacent wall
materials.
III.
All units shall be checked for correct alignment and operation before
permanent anchoring.
IV.
Anchoring shall have countersink anchor heads. All anchors shall be
concealed by closed door or, in the case of fixed units, with plugs.
3.1.10DOORS, GATES AND SHUTTERS – GENERAL
Page 46
I.
Doors, windows, gates and shutters shall comply with EU directive
89/106/EEC as implemented by decision 95/204/EC of 1995.
3.1.11HARDWARE AND IRONMONGERY – GENERAL
II.
All hardware shall be fixed in accordance with the manufacturer’s
instructions.
III.
Hardware shall be protected prior to and after fixing until completion of
the works and damages shall be replaced at the Contractors own
expense.
IV.
Anchor bolts shall be galvanized or stainless steel.
V.
Doors shall be complete with brushed heavy-duty stainless steel lever
handles, top and bottom brushed heavy-duty stainless steel bolt sets for
any half leaves and heavy duty brushed stainless steel hinges.
VI.
Doors shall be complete with three sets of keys. Bolt throw shall be at
least 20mm with a single turn of the key.
3.12 HARDWARE – SWING DOORS
I.
Electrically powered hold-open devices for swing doors shall comply
with EN 1155 .
3.1.13 HARDWARE – EMERGENCY EXITS
I.
Emergency exit devices operated by lever handle or push pad shall
comply with EN 179.
II.
Panic exit devices operated by horizontal bar shall comply with EN 1125.
3.1.14 HARDWARE AND IRONMONGERY – TECHNICAL CHARACTERISTICS
I.
Technical characteristics of hardware shall comply with the following:
i. Corrosion resistance of Hardware
EN 1670
ii. Lever handles and Knob furniture
EN 1906
iii. Locks and latches
EN 12209
iv. Single Axis hinges
EN 1935
II.
Methods of test for operating forces shall be as per EN 12046-2.
3.1.15GLAZING
I.
All glass for glazing shall comply with EU Directive 89/106/EEC as
implemented by the relevant decision.
II.
All glazing shall be installed in compliance with the
recommendations in BS 6262, Code of Practice for Glazing for Buildings.
III.
All glass shall be 10mm Toughened Safety Glass(for doors) to BS
6206 class A, the highest grade available, (sometimes called tempered
Page 47
glass, tempered safety glass, toughened glass, strengthened glass) and
10mm Hermetically Sealed Laminated safety glass (for Fixed
Panels)complying with BS EN ISO 12543-1, 2, 5 and 6.
IV.
Any pane of glass which is positioned within an area defined as
within a critical impact zone or prone to human impact by BS 6206 shall
comply with Class 2(B)2 of EN 12600.
V.
Doors and side panels must be Class 2(B)2 of EN 12600 if the width is
greater than 900mm.
VI.
The impact test method shall comply with EN 12600.
VII.
All glass shall be free from scratches, bubbles, cracks, ripples,
dimples and other defects.
VIII.
No wired glass shall be used.
IX.
Where fire resistance of the glass is to be specified it shall be in
accordance with the classification in BS EN 357.
X.
All external glazing shall be designed to resist a pressure of 600Pa in
both air (wind) permeability and water- tightness testing. Testing shall be
performed
in accordance with BS 6375 - Performance of Windows, under
all conditions and with full allowance made for deflections and other
movements.
XI.
All glazing shall be accurately sized, with clean undamaged edges.
Where applicable, Glazing units shall be set on all four sides of the
aluminium
framed and sealed with neoprene or equivalent weather
gaskets in such a
way as not to be disturbed should gaskets need
replacing. Proprietary
compressible rubber shall be applied at
intervals between the profiles and the glass.
XII.
that
The Contractor shall provide certification documentation to show
glazing elements comply with the specifications.
XIII.
The Contractor shall submit the manufacturer's recommendations for
cleaning and for on-going maintenance of the glazing units, and
upon completion, shall leave all glazing units clean in accordance with
these recommendations, and to the satisfaction of the Project Manager.
3.1.16DOOR MASTER KEY SYSTEM
I.
Doors shall be equipped with a mechanical master key system. The
system shall permit the opening of locks by their own individual key and by
the
master key.
II.
The locking system shall be patented by a reputable manufacturer.
The cylinder aperture shall offer protection from picks and breaking tools
with supplementary anti-drill protection.
III.
The key combinations shall be in compliance with current European
Standards.
Page 48
IV.
V.
The system shall allow for future additions and expansions.
The cylinders shall comply with BS EN 1303, Building Hardware, and
Cylinders for locks, Requirements and test methods.
VI.
The classification level shall be as follows:
a.
Digit1
Grade1
b.
Digit2
Grade5
c.
Digit3
NA
d.
Digit4
Grade0
e.
Digit5
NA
f.
Digit6
Grade0
g.
Digit7
Grade4
VII.
The manufacturer shall maintain a key duplication control system
whereby authorization for duplication is mandatory. Three copies of the
Master Key shall be supplied as part of the works.
VIII.
On completion, the Contractor shall provide a detailed “MASTER
KEYCHART” showing the floor level, location, door number, cylinder type
and key marking.
3.1.17CLOSERS
I.
Controlled door closing devices shall comply with EN 1154.
II.
Door co-ordinator devices shall comply with EN 1158.
III.
Door closers shall be of two types:
a.
Rack and pinion type EN 2-4 overhead in a cast aluminium
body with selectable closing force, adjustable closing speed and latching action
(requiring a door stop).
b.
Type EN 2-6 with adjustable back check action (restraining a
load carrying users flung-open door) and delayed action (for disabled or).
3.1.18 NAMEPLATES (WHERE SPECIFIED)
I.
Doors shall have a provision for the attachment of modular
interchangeable nameplates.
3.1.19 CLEANING
I.
After installation is complete and any surrounding work is
substantially complete, the Contractor shall clean all units and lubricate
all hinges / pivots and locks.
3.1.20 ON COMPLETION
Page 49
I.
On completion, the Contractor shall supply all documentation
related to the manufacturer's recommendations for cleaning and for
ongoing maintenance of the units.
II.
On completion, all protective materials (eg. Peel-offs) shall be
removed. All glazed elements shall be cleaned to the satisfaction of the
Project Manager.
3.2
SPECIFICATIONS STAINLESS STEEL
3.2.1
COMPLIANCE – SAMPLE SIZE AND FREQUENCY OF SAMPLING
(WHERE APPLICABLE)
I.
3.2.2
I.
3.2.3
I.
3.2.4
I.
3.2.5
Where applicable, compliance shall be demonstrated through testing
and/or certification of products and/or processes as outlined in the
ensuing clauses.
ON SITE MEASUREMENT
For items to be installed within a structure the Contractor shall
ascertain the actual dimensions of the part of the structure
accommodating the respective item by means of site measurement prior
to the manufacture of such item.
SAMPLES
The Contractor may be required to submit a pre-production assembled
sample of the unit/s inclusive of glazing, hinges, locks and any other
fixings and fixtures to the Project Manager for approval.
TECHNICAL LITERATURE
The Contractor may be requested to submit further detailed technical
information in addition to that presented with the tender regarding the
type of assembly, test performance characteristics, the proposed finish
and any other information which may be required to clarify construction
details.
DESIGN AND DRAWINGS
I.
The Contractor shall provide shop drawings in A1 hardcopy format (and
in electronic format) and detailed schedules for all units when so
requested by the Project Manager.
II.
Prior to the start of the works the Contractor shall submit for the
approval of the Project Manager all construction and dimensional
details, template designs of mouldings / panelling and details of all
fittings.
3.2.6
TRANSPORT AND INSTALLATION
Page 50
I.
3.2.7
The Contractor is responsible for the safe transport and installation of
the units ensuring that all are in good working order and that the
locking devices and holding pegs are all in place.
WORKMANSHIP
I.
The frame and hanging arrangement shall be such as to support the
weight of the structure without any jamming, excessive sagging,
twisting or distortion.
II.
The Contractor shall comply with any special security provisions and
incorporate any such requirements if so instructed by the Project
Manager.
3.1.8
CONSTRUCTION - GENERAL
I.
The works consist of the Manufacture Supply and Install of Component
type, seamless weld stainless steel handrails, guardrails, and railing
systems, including connectors, fasteners, and system required
accessories, as specified in the BOQ.
II.
The Glass shall be 8mm toughened glass throughout the whole
construction (sample to be provided).
3.2.9
THERMAL ACTION AND CORROSION CONTROL
I.
Allow for thermal action resulting from the maximum range change in
ambient temperature in the design, fabrication and installation of rail
systems, to prevent opening of joints, buckling, and other detrimental
effects, including over-stressing of connections and components.
II.
Prevent galvanic action, and other forms of corrosion by isolating
dissimilar metals to prevent them from being in direct contact with
each other.
3.2.10
INSTALLATION
I.
During installation units and frames shall not be twisted nor forced to
fit.
II.
The selection of the sealant (Where applicable) shall be based on its
adhesion compatibility with the specified used material and adjacent
wall materials.
III.
All units shall be checked for correct alignment before permanent
anchoring.
3.2.11
I.
MATERIALS
Material quality: Type 316 stainless steel shall be resistant to solutions
of sulphuric acid, chlorides, bromides, iodides and fatty acids at high
temperature.
Page 51
II.
Handrails: 316 stainless steel shall be used BS EN 10088-2:2005
(sample to be provided).
III.
Connection fittings: 316 stainless steel with satin (brushed) stainless
steel finish(sample to be provided).
IV.
In-fill Panel (Glass): glass panels, 8mm toughened glass throughout the
whole construction (sample to be provided).
V.
Bolts, Screws & Nuts BS EN ISO 3506: Stainless steel. All visible surfaces
must have a polished surface. Do not use metals that will be corrosive
and incompatible with materials being fastened (sample to be
provided).
3.2.12
CLEANING AND PROTECTION
I.
Immediately upon completion of installation, clean all railing system
surfaces using silicon free stainless steel cleaner.
II.
Do not use abrasive agents or harsh chemicals.
III.
Provide plastic sheet protection for all surfaces of completed
installations to prevent damage during remainder of construction
activities.
Page 52
3.3
SPECIFICATIONS FOR METALWORKS
3.3.1
GENERAL REQUIREMENTS
I.
The material in all stages of transportation, handling and storage shall
be kept clean and free from damage and breaking, bending and
distortion.
II.
Site work shall be restricted to fixings and other operations that cannot
be undertaken in the workshop. Burrs, sharp edges and angles, coarse
file marks, excess weld metal and similar imperfections from all classes
of work shall be removed. Work shall not be allowed to rust or
otherwise deteriorate between fabrication and final treatment. Fixing
and installation shall provide a means that prevents corrosion due to
contact with incompatible metals and other materials.
III.
Holing shall be done in a manner that does not deform or damage the
material. Generally, cuts shall be performed by shearing or sawing,
form holes by drilling or punching. Cutting by hand-held flame is not
permitted.
IV.
Continuous welds are to be formed in a way that is suited to the type of
work. Welded joints are to be neatly made, filed smooth and left clean
and adequate means shall be employed for temporarily fastening the
parts to be welded together until the joints are welded. Welds shall be
finished to match the surface; on surfaces unseen in the finished work
the welds may be left as laid. Spot welds are not permitted unless
specified or used to assist assembly. All welds are to be cleaned and flux
residues removed.
V.
Machine bending, pressing, cold rolling, forging or shaping shall be
executed without weakening or damaging the metal . Complex bending
or blending alloys for special purposes shall be undertaken under
competent metallurgical supervision. Joint faces are to be formed to fit
accurately in full contact. A suitable joint coating shall be used for
bolted or screwed connections (e.g. a primer for fabrications which will
be painted).
3.3.2
STEEL
I.
Mild steel shall comply with BS 4, Part 1, BS 1449: Part 1 and BS EN
10210-1.
II.
Flat bars shall comply with BS EN 10067.
III.
Hollow sections shall comply with BS EN 10210.
IV.
Sections shall comply with BS EN 10024.
V.
Angles shall comply with BS EN 10056.
Page 53
VI.
3.3.3
Stainless steel shall be Austhentic steel.
MECHANICAL FASTENINGS
I.
General purpose bolts and screws shall comply with BS 4190 and with BS
3692 when bolts and nuts with a greater degree of precision are
required. Unless otherwise stated, the grade of steel shall be Grade 4.6
with matching grade nuts.
II.
Expanding bolts shall have a proprietary fixing comprising corrosionresistant expanding insert and removable bolt threaded stud to suit the
work being fixed.
III.
Set screws shall comply with BS 4183, BS EN ISO 1580 and BS EN ISO
7045.
IV.
Self-tapping screws shall be steel thread forming or thread cutting
screws to BS 4174. Screws with shall have rust-proofed finish.
V.
Coating Materials: In addition to specified surface finishes, treat or seal
the permanently hidden parts of metalwork from deterioration and
corrosion (excluding standard hollow sections).
3.3.4
I.
3.3.5
I.
3.3.6
CORROSION PROTECTION – CATEGORIES OF RISK
The categories of atmospheric corrosivity shall be as indicated in EN ISO
12944, Part 2, namely C1 (Low Risk) to C5 (Very High).
CORROSION PROTECTION – SURFACE PREPARATION
Rust grades shall be defined as indicated in ISO 8501-1, namely Grades A
to D (Generalized Pitting).
COATING MATERIALS
I.
Priming shall be applied to the concealed pads of joints (e.g. spigots,
sleeved ends, joint faces) as the joints are made. The primer shall be
applied by brush, not sprayed as per manufacturer’s instructions.
II.
Galvanizing shall be applied by the hot dip process to EN ISO 1461, Hot
Dip galvanized coatings on fabricated iron and steel articles. The
minimum thickness of galvanizing shall depend on the thickness of the
base material as indicated in EN ISO 1461. This notion shall also apply
to pieces with threads and moulded pieces.
III.
Unavoidable damage (e.g. post-fabrication welding) is to be recoated by
applying at least two coats of zinc-rich primer to BS 4652. The
Contractor shall be responsible for the provision of all holes required for
the purposes of filling, venting and draining.
IV.
The Contractor shall propose the location, size and method of plugging,
where required, of all such holes which must be approved by the
Architect before fabrication commences.
Page 54
V.
Zinc phosphate paint to BS 4652 Type 2 shall have a dry film thickness of
75 microns and shall be applied over a holding primer 25 microns thick.
VI.
Finishing paint shall be alkyd, applied as an undercoat and a surface
coat to a thickness of 35 microns.
3.3.7
BLAST CLEANING
I.
Preparation of steel substrates before application of paints and related
products shall comply with BS EN ISO 8501-1 and 2.
II.
Sherardizing shall consist of a zinc coat to all small articles (e.g. bolts
etc). associated with galvanised work (and, other small articles
described as sherardized or zinc-coated) in accordance with BS 4921,
Class 1/Class 2.
III.
Finished items shall be wrapped, taped or otherwise protected with
non-absorbent coverings.
IV.
Protective finishes shall generally be applied after fabrications. Subject
to approval and if an equivalent standard of finish and protection will be
attained, pre-finished metal may be used.
V.
Two coats of bitumen shall be applied to aluminium in contact with
mortar, concrete or other alkaline surfaces.
As far as possible the fabricated metalwork shall incorporate joints that
will permit the work to be dismantled into sections small enough for
transport and site handling or small enough for tank immersion or other
treatments that impose size limits.
Unless such joints are shown on the drawings, the Contractor shall
design them to incorporate the following characteristics:
VI.
VII.
a)
b)
c)
d)
e)
VIII.
3.3.8
Unobtrusive appearance.
Strength not to be less than the un-jointed member.
Ease of assembly without damage to the surface treatment.
Moisture-proof, if exposed to moisture.
Weatherproof, if exposed to the weather.
Upon completion (or when directed) all protective tapes, casings or
other covers shall be removed and the metalwork cleaned and polished.
FRAMES TO APERTURES
I.
All frames shall be manufactured of rolled steel heavy universal sections
throughout and rust proofed by the hot-dip galvanising method
incorporating the use of zinc in the protecting metallic coat.
II.
Doors and frames are to be of rolled steel standard sections. Frames are
to be electrically welded at corners. All frames are to be fixed in a
perfect vertical position, without any twist. They shall open and close
easily without any jamming.
III.
The thickness of pressed steel galvanised sheets shall not be less than 16
gauge, free of laminations or gross slag inclusions.
Page 55
IV.
Unless otherwise indicated, doors are to be fitted with a lock in addition
to handles and supplied complete with three keys.
V.
All materials used in door fittings and locks shall be made of steel and
of robust construction. Locks fitted to single and two leaf doors are to
be suitable for a mastering system. The quality of workmanship,
performance, strength and durability of such locks shall be in
accordance with BS2088 and BS3621.
3.3.9
I.
CORROSION RESISTANCE
The corrosion resistance of all hardware shall comply with BS EN 1670.
Page 56
3.4
SPECIFICATIONS FOR HANDRAILS / GRAB RAILS
3.4.1
COMPLIANCE – SAMPLE SIZE AND FREQUENCY OF SAMPLING
(WHERE APPLICABLE)
I.
3.4.2
I.
3.4.3
I.
3.4.4
I.
3.4.5
Where applicable, compliance shall be demonstrated through testing
and/or certification of products and/or processes as outlined in the
ensuing clauses.
ON SITE MEASUREMENT
For items to be installed within a structure the Contractor shall
ascertain the actual dimensions of the part of the structure
accommodating the respective item by means of site measurement prior
to the manufacture of such item.
SAMPLES
The Contractor may be required to submit a pre-production assembled
sample of the unit/s inclusive of glazing, hinges, locks and any other
fixings and fixtures to the Project Manager for approval.
TECHNICAL LITERATURE
The Contractor may be requested to submit further detailed technical
information in addition to that presented with the tender regarding the
type of assembly, test performance characteristics, the proposed finish
and any other information which may be required to clarify construction
details.
DESIGN AND DRAWINGS
I.
The Contractor shall provide shop drawings in A1 hardcopy format (and
in electronic format) and detailed schedules for all units when so
requested by the Project Manager.
II.
Prior to the start of the works the Contractor shall submit for the
approval of the Project Manager all construction and dimensional
details, template designs of mouldings / panelling and details of all
fittings.
3.4.6
I.
3.4.7
TRANSPORT AND INSTALLATION
The Contractor is responsible for the safe transport and installation of
the units ensuring that all are in good working order and that the
locking devices and holding pegs are all in place.
WORKMANSHIP
Page 57
I.
The frame and hanging arrangement shall be such as to support the
weight of the structure without any jamming, excessive sagging,
twisting or distortion.
II.
The Contractor shall comply with any special security provisions and
incorporate any such requirements if so instructed by the Project
Manager.
III.
The design shall incorporate air and/or dust seals.
3.4.8
CONSTRUCTION - GENERAL
I.
Handrails/Grabrails should have a round or oval profile with a
minimum outside diameter of 35mm and a maximum outside diameter of
50mm. Oval profile handrails should be 50mm wide and 40mm deep, with
rounded edges having a radius of at least 15mm.
II.
The Handrail/Grabrail should provide a good grip.
III.
To avoid impeding finger grip, consideration needs to be given to the
spacing of a Handrail/Grabrail away from any adjacent wall. The
clear distance between the edge of the handrail and walls should be
between 50mm and 60mm.
IV.
Ramps shall have Handrails/Grabrails on one side only where its
width is less than 1500mm and on both sides of the ramp where its
width is greater than1500mm. Provided that ramps that are less than
1000mm in length are not required to have a handrail.
V.
Ramps where crowding or heavy volumes of traffic can be
anticipated, shall additionally have a central handrail where the
flight is wider than 3m.
VI.
Handrails/Grabrails shall extend at least 300mm beyond the top of
the ramp and at least 300mm beyond the bottom of the ramp.
VII.
Handrails/Grabrails shall extend at least 300mm from the first and
last nosing, and as much as possible should be horizontal. The
extension should not intrude into a circular route.
VIII.
Handrails/Grabrails should be fixed at a height of 900mm above the
Page 58
ground level of ramps and 1000mm above landings.
IX.
Where the overall width of a flight of steps is greater than 3m, an
additional Handrails/Grabrails should be provided to divide the flight
into separate channels.
X.
The vertical height to the top of the Handrails/Grabrails should be
between 900mm and 1000mm from the pitch line of a flight and
between 900mm and 1100mm from the surface of the landing.
XI.
Accessible lifts should be provided with a Handrails/Grabrails along
one side of the passenger car fitted at a height of 900mm above the
car lift floor.
XII.
The overall design and construction of the Handrails/Grabrails, used
in these areas, shall cater for persons with disability and shall
comply with NCPD “Access for All Guidelines”, Malta, 2011.
Page 59
VOLUME 4 – FINANCIAL BID
Note:
Where in this tender document a quantity is indicated, it is to be understood
that such quantities are estimates and it will be the responsibility of the
respective bidders to check such quantities.
Page 60
Item
No.
Description
Bill A
Preliminaries
A1
A2
Qty
Unit
1
LS
1
LS
1
LS
1
LS
Unit Rate
Total Cost
(including
(including
VAT, Eco
VAT, Eco
Contribution Contribution
(if any) and
(if any) and
all other
all other
charges as
charges as
may be
may be
applicable)in applicable)in
€
€
The road cannot be blocked unless a permit is
granted by Local Council or competent
Authorities.
All materials to be used within this contract
are to be approved prior to delivery to site.
Prepare a risk assessment report outlining all
risks involved and measures to be taken to
minimise or eliminate potential risks. The
report is to be prepared and signed by a
competent person and to be submitted within
three weeks from commencement of works.
Such document has to be updated as maybe
requested by the site H & S Supervisor.
Allow for carrying out all surveys, setting out
of works, arranging levels including the
provision and erection of permanent setting
out marks of the quantity and quality as
required by the Employer's Representative.
Delivery of materials and services to the site,
and any incurred ancillary / transportation
expenses, is the responsibility of the
contractor. All works shall be contained or
implied for in the contract documents and
including all the necessary resources, unless
included elsewhere in the Bills of Quantities.
A3
Allow for appointing a Health and Safety
Coordinator and for complying with the safety
precautions and regulations as laid down in the
contract documents and Health and Safety
Plan.
A4
Allow for the provision of all safety personal
clothing and equipment for all the workers
involved and the provision of an "on call"
medical doctor, provision and maintaining of
all lifesaving equipment, personnel, warning
signage, markings, etc. As per General
Conditions Art.20.
Carried Forward:
Page 61
Item
No.
Description
Qty
Unit
Unit Rate
Total Cost
(including
(including
VAT, Eco
VAT, Eco
Contribution Contribution
(if any) and
(if any) and
all other
all other
charges as
charges as
may be
may be
applicable)in applicable)in
€
€
Brought Forward:
A5
A6
A7
Allow for continuously keeping the site and
building clean and in a workman type condition
free from debris, surplus materials and any
other type of loose matter arising from works
(which include variations to contract), which
will disturb the proper conditions of any
internal and external areas, roads and/or
adjoining structures. Site Cleaning is to take
place during the whole duration of works, as
instructed by the University of Malta and as per
General Conditions Art.25.
Allow for the protection at all times the whole
of the works including the provision of
hoarding, scaffolding, screens, fans, planked
footways, guardrails and similar items as
required and as deemed necessary at all times
by the Safety coordinator and Project
Supervisor Construction Stage (PSCS Health &
Safety). All safeguards must be taken not to
damage any other on-going works in the
premises and immediate vicinity, and adequate
protection must be allowed for in this regard.
All damages must be made good by the
responsible contractor. The liability period will
remain until the satisfactory commissioning
and handing over procedures are completed.
As per General Conditions Art.14, 21, 58 and
59.
Allow for the sweeping and cleaning / washing
of all access roads pertaining to the site of
works at times deemed appropriate to keep
the roads in a clean and dust free environment
at all times
1
LS
1
LS
1
LS
Carried Forward:
Page 62
Item
No.
Description
Qty
Unit
Unit Rate
(including
VAT, Eco
Contribution
(if any) and
all other
charges as
may be
applicable)in
€
Brought Forward:
A8
A9
Bill A
Provision, maintenance and removal of all
necessary temporary services, including fresh
water, compressed air, electrical supplies,
telephone, etc.
Allow for the careful disposal of hazardous
waste, debris and spent oils, and other harmful
materials as to the requirement specified in
the conditions
1
LS
1
LS
Total carried forward to Summary on Page 69
Page 63
Total Cost
(including
VAT, Eco
Contribution
(if any) and
all other
charges as
may be
applicable)in
€
Item
No.
Bill B
B1
B2
Description
Qty
Unit
5
No
5
No
Unit Rate
(including
VAT, Eco
Contributio
n (if any)
and all
other
charges as
may be
applicable)
in €
Glazing Works
Ref. Drwg: 1, 2 ,3, 3B & 3C Sketchers: 1 & 2
The
contractor
is
required
to
take
measurements on site. All doors inclusive of
locks, handles, spring closure system, etc. The
handles of the doors are to be of the Stainless
Steel type. Handles, locks and accessories must
withstand heavy usage and must be adequate to
be used in public areas. All doors, except those
directly opening onto a toilet cubicle, will have
access control locks which locks will be
provided
under
M&E
contract
(where
applicable). Contractor to install these locks
and liaise with M&E contractor.
Any queries on the required specifications and
submitted rates must be clarified at Tender
Stage. The existing opening must be inspected
by all tenderers since a stainless steel frame
may need to be installed for proper fixing of the
glass structure to the existing opening. Price to
include floor concealed door closers which may
require additional strengthening according to
each specific site restriction.
3 copies of each set of keys and 3 copies of the
master key, for all apertures, must be
submitted.
Supply and install FRAMELESS Glass double leaf
doors system in 10mm Toughened glass
measuring approximately W1.80m x H2.10m.
Price inclusive of Fixed side glass panels,
fanlight, floor concealed door closer and all
hardware, including stainless steel hinges,
handles, closers, locks etc..
Drwg: 3B
Supply and install FRAMELESS Glass single leaf
doors in 10mm Toughened glass measuring
approximately W0.90m x H2.10m. Price
inclusive of Fixed side glass panels, fanlight,
floor concealed door closer and all hardware,
including stainless steel hinges, handles,
closers, locks etc..
Drwg: 3C
Carried Forward:
Page 64
Total Cost
(including
VAT, Eco
Contributio
n (if any)
and all
other
charges as
may be
applicable)
in €
Item
No.
Description
Qty
Unit
Unit Rate
(including
VAT, Eco
Contributio
n (if any)
and all
other
charges as
may be
applicable)
in €
Brought Forward:
B3
B4
Bill B
Supply and install Stainless steel framed Glass
Partitions in 10mm Hermetically sealed
Laminated glass measuring approximately
W3.0m x H2.60m. Price inclusive of all
hardware, including stainless steel fasteners,
bolts, nuts, caps etc.
Prepare a design for door and space signage to include for supply, installation and printed
material. 150mm x 100mm stainless steel backplate with a front finished in a transparent
film, in between, into which printed signage
paper can be inserted.
2
No
12
No.
Total carried forward to Summary on Page 69
Page 65
Total Cost
(including
VAT, Eco
Contributio
n (if any)
and all
other
charges as
may be
applicable)
in €
Item
No.
Bill C
C1
C2
C3
Bill C
Description
Qty
Unit
1
LS
25
LM
5
No.
Unit Rate
(including
VAT, Eco
Contributio
n (if any)
and all
other
charges as
may be
applicable)
in €
Stainless Steel and Glass
Handrails/Grabrails
Ref. Drwg: 2, 3 & 3A
Any queries on the required specifications and
submitted rates must be clarified at Tender Stage.
Provide fully detailed design drawings and
calculations showing dimensions for a Stainless Steel
Staircase Handrail/Grabrail with stainless steel grab
rail, running from ground floor up to first level and
including all accessories, fasteners, bolts, nuts, end
caps, etc. as per indicative Sketches 01 & 02. All
drawings and calculations signed by warranted Perit
shall be in conformity with the Access for All Design
Guidelines (KNPD 2011), and be submitted for
approval prior to installation.
Drawings to include details of anchorage to existing
stairs/walls including joints and fixtures and fittings
to be used.
Supply and install a Stainless Steel and Glass
(10mm Hermetically sealed Laminated) Staircase
Handrail with Stainless steel grab rail, running from
Ground floor up to first level and including all
accessories, fasteners, bolts, nuts end caps, etc. as
per indicative Drwg: 2 Sketches 01 & 02.
Supply and install a Stainless Steel and Glass
(10mm Hermetically sealed Laminated) Balcony
Handrail with Stainless steel grab rail, including all
accessories, fasteners, bolts, nuts end caps, etc. as
per indicative Drwg: 3A Sketches 01 & 02.
Total carried forward to summary on page 69
Page 66
Total Cost
(including
VAT, Eco
Contributio
n (if any)
and all
other
charges as
may be
applicable)
in €
Item
No.
Bill D
Description
Qty
Unit
Unit Rate
(€)
(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)
Dayworks (Provisional)
Preamble
Day works will only be payable
when expressly ordered in writing
by the Architect n Charge.
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.
Material
The costs payable in respect of
materials shall be chargeable at
the net price 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 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 as rate
shall be reduced by 33%
Page 67
Item
No.
D1
Description
Qty
Unit
Unit Rate
(€)
(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)
2,540.00
2,540.00
3,960.00
3,960.00
2,500.00
2,500.00
Labour
Provide a sum for the cost of labour.
These costs shall be charged at the
actual hours worked on site.
The rate shall cover all other
charges of every description,
including
bonus,
incentives,
superintendent,
foremen,
administrative staff, timekeeper,
insurance's pensions, holidays with
pay, use of small tools (including
sharpening), appliances and plant
(not included "in plant" below),
establishment charges and profit
and VAT
Materials
Provide a sum of €3,600.00 for the
net cost of materials expended on
daywork.
D2
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, distribution on
site and for all establishment
charges and profit and VAT.
Plant
Provide a sum for the cost of plant
used on daywork.
D3
BILL D
The rate shall cover all costs
including driver/attendant, fuel,
establishment charges and profit in
connection with the use of plant on
daywork, and VAT.
Total carried over to Summary on Page 69
9,000.00
Page 68
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
(€)
LABOURER
GLAZIERS
CARPENTERS AND JOINERS
SEMI-SKILLED LABOURERS
PLASTERS
PAINTERS
Page 69
SCHEDULE OF RATES
2.
FOR PLANT USED 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 to the expiration of the Defects Liability period.
LABOUR CATEGORY
WORKING DAY
HOURLY RATE
(€)
WORK BEYOND
WORKING DAY
HOURLY RATE
(€)
LORRY MOUNTED CRANE
COMPRESSORS
AND OTHER HAND TOOLS
Page 70
UM 1729 - TENDER FOR FRAMELESS GLASS DOORS AND STAINLESS STEEL AND GLASS
HANDRAIL/GRABRAIL, AT THE OLD UNIVERSITY, VALLETTA CAMPUS - UNIVERSITY OF
MALTA
Total
(€)
(including VAT, Eco
Contribution (if any) and
all other charges as may be
applicable)
SUMMARY
Bill A – PRELIMINARIES
Bill B – GLAZING WORKS
Bill C – STAINLESS STEEL AND GLASS
HANDRAILS/GRABRAILS
Bill D – DAYWORKS (Provisional)
9,000.00
Grand Total carried forward to Tender Form
on Page 18
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:
....................................................................
Page 71
VOLUME 5 - DRAWINGS
Design Documents, including Drawings
Section 5.1
List of drawings attached
No
Name
Drawing No
Date No
1.
Mezzanine Floor Plan (General)
RBG/15/05/2013/
01
15.05.2013
2.
Sectional Elevation and Plan of
Stairs
(Gypsum Partition)
RBG/15/05/2013/
02
15.05.2013
3.
Elevations (from the outwards
and inwards)
RBG/15/05/2013/
03
15.05.2013
4.
Typical Railing and Handrail
RBG/15/05/2013/
03A
15.05.2013
5.
Door Detail (Upper Floor)
RBG/15/05/2013/
03B
15.05.2013
6.
Door Detail (Ground Floor)
RBG/15/05/2013/
03C
15.05.2013
7.
Sketch of Stairway to Mezzanine
Floor & Access for All by Chair
Lift
Sketch 01
17.05.2013
8.
Sketch of Elevations
Sketch 02
16.05.2013
Page 72
Page 73
Page 74
Page 75
Page 76
Page 77
Page 78
Page 79
Page 80