L-UNIVERSITA’ TA’ MALTA
Msida MSD 2080 – Malta
UNIVERSITY OF MALTA
Msida MSD 2080 - Malta
DIPARTIMENT TAL-PROCUREMENT
PROCUREMENT DIRECTORATE
IMPORTANT NOTICE TO PROSPECTIVE BIDDERS
UM 1730
THE SOFT COPY OF THIS TENDER DOCUMENT IS AVAILABLE FOR DOWNLOAD FROM:
www.um.edu.mt/procurement.
ANY CLARIFICATIONS OR ADDENDA TO THE TENDER DOCUMENT WILL BE UPLOADED ON
THE SAME WEBSITE.
PROSPECTIVE BIDDERS, WHO DO NOT COLLECT A HARD COPY OF THE TENDER
DOCUMENT FROM THE UNIVERSITY OF MALTA, ARE TO REGISTER THEIR RESPECTIVE
CONTACT DETAILS AT:tenders.procurement@um.edu.mt
QUOTING THE TENDER NUMBER DOWNLOADED, SO THAT ANY CLARIFICATIONS /
COMMUNICATIONS PERTAINING TO THIS TENDER PROCEDURE ARE COMMUNICATED TO
THEM IN DUE TIME AS PER TENDER DOCUMENTS.
THE UNIVERSITY OF MALTA SHALL NOT BE HELD RESPONSIBLE FOR ANY
MISDEMEANOUR IF THIS CONDITION IS NOT ADHERED TO.
TEL: (356) 2340 2212/3/5 FAX: 2131 4307
Page 0
UM 1730
TENDER FOR CARPETING, PARQUET FLOORING AND GYPSUM
WORKS AT THE VALLETTA CAMPUS - UNIVERSITY OF MALTA.
Date Published:
5th July 2013
Closing Date:
24th July 2013
at 10:00am CET
Cost of the Tender Document: FoC
IMPORTANT:
No Bid Bond is requested for this tender
Clarifications shall be uploaded and will be available to view/download from
www.um.edu.mt/procurement
University of Malta, Procurement Directorate, Administration Building Msida MSD 2080, Malta.
Tel: (356) 2340 2212/3/5. Fax: (356) 21314307 Email: tenders.procurement@um.edu.mt
Page 1
Table of Contents
Table of Contents .....................................................................................................2
VOLUME 1 SECTION 1 – INSTRUCTIONS TO TENDERERS.........................................................4
A. GENERAL PART .....................................................................................................4
1.
2.
3.
4.
5.
6.
7.
8.
9.
General Instructions ............................................................................................................................. 4
Timetable ................................................................................................................................................ 4
Lots ........................................................................................................................................................... 4
Financing ................................................................................................................................................. 5
Eligibility ................................................................................................................................................. 5
Selection Criteria .................................................................................................................................. 5
Multiple Tenders ................................................................................................................................... 6
Tender Expenses ................................................................................................................................... 6
Site Inspection ....................................................................................................................................... 6
B. TENDER DOCUMENTS ..............................................................................................6
10.
11.
12.
13.
Content of Tender Document .......................................................................................................... 6
Explanations/Clarification Notes Concerning Tender Documents.......................................... 7
Labour Law........................................................................................................................................... 7
Law ......................................................................................................................................................... 7
C. TENDER PREPARATION ............................................................................................7
14.
15.
16.
17.
18.
19.
20.
21.
22.
Language of Tenders ......................................................................................................................... 7
Presentation of Tenders ................................................................................................................... 8
Content of Tender .............................................................................................................................. 8
Tender Prices ...................................................................................................................................... 9
Currencies of Tender and Payments ............................................................................................. 9
Period of Validity of Tenders .......................................................................................................... 9
Tender Guarantee (Bid Bond) ....................................................................................................... 10
Variant Solutions .............................................................................................................................. 10
Preparation and Signing of Tenders............................................................................................. 10
D. SUBMISSION OF TENDERS ....................................................................................... 10
23.
24.
25.
26.
Sealing and Marking of Tenders .................................................................................................... 10
Extension of Deadline for Submission of Tenders .................................................................... 10
Late Tenders ...................................................................................................................................... 11
Alterations and Withdrawal of Tenders ...................................................................................... 11
E. OPENING AND EVALUATION OF OFFERS...................................................................... 11
27.
28.
29.
30.
31.
Opening of Tenders.......................................................................................................................... 11
Secrecy of the Procedure ............................................................................................................... 11
Clarification of Tenders .................................................................................................................. 12
Tender Evaluation Process ............................................................................................................. 12
Correction of Arithmetical Errors ................................................................................................ 12
F. CONTRACT AWARD ............................................................................................... 13
32.
33.
34.
35.
36.
Criteria for Award ............................................................................................................................ 13
Right Of The University of Malta To Accept Or Reject Any Tender ..................................... 13
Notification of Award, Contract Clarifications .......................................................................... 13
Contract Signing and Performance Guarantee .......................................................................... 14
Commencement of Works (Order To Start Works) ................................................................... 14
G. MISCELLANEOUS.................................................................................................. 15
37. Ethics Clauses .................................................................................................................................... 15
38. Data Protection and Freedom of Information ........................................................................... 15
39. Gender Equality ................................................................................................................................ 16
VOLUME 1 SECTION 2 – TENDER FORM........................................................................... 17
VOLUME 1 SECTION 3 – TENDER GUARANTEE FORM – Not Applicable for this tender .................. 20
Annex To Tender Guarantee Form – Not Applicable for this tender .......................................... 21
VOLUME 1 SECTION 4 - TENDERER’S STATEMENTS .......................................................................... 22
Page 2
1.
2.
3.
4.
Statement on Conditions of Employment ..................................................................................... 22
Experience as Contractor ................................................................................................................. 23
Workplan and Programme of Works ............................................................................................... 25
Literature/Certificates/List of Samples ......................................................................................... 26
VOLUME 1
VOLUME 1
VOLUME 2
VOLUME 2
VOLUME 2
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
SECTION 5
SECTION 6
SECTION 1
SECTION 2
SECTION 3
– GLOSSARY ............................................................................... 28
– EXTRACTS FROM THE PUBLIC PROCUREMENT REGULATIONS .................. 30
– DRAFT LETTER OF ACCEPTANCE .................................................... 31
– GENERAL CONDITIONS ................................................................. 32
– SPECIAL CONDITIONS .................................................................. 33
2: Law and language of the contract ............................................................................... 33
3: Order of precedence of contract documents .................................................................. 33
4: Communications .................................................................................................... 33
5: Supervisor and Supervisor's representative .................................................................... 33
8: Supply of Documents ............................................................................................... 34
10: Assistance with Local Regulations .............................................................................. 34
11: The Contractor’s Obligations.................................................................................... 34
13: Performance Guarantee.......................................................................................... 37
14: Insurance ........................................................................................................... 37
15: Performance Programme (Timetable) ......................................................................... 37
17: Contractor’s Drawings ............................................................................................ 37
18: Tender Prices ...................................................................................................... 37
22: Interference With Traffic ........................................................................................ 38
25: Demolished Materials ............................................................................................. 38
26: Discoveries ......................................................................................................... 38
28: Soil Studies ......................................................................................................... 38
30: Patents and Licences ............................................................................................. 38
31: Commencement Date............................................................................................. 38
32: Period of Performance ........................................................................................... 38
34: Delays in Execution ............................................................................................... 39
35: Variations and Modifications .................................................................................... 39
37: Work Register ...................................................................................................... 39
38: Origin ................................................................................................................ 39
39: Quality of Works and Materials ................................................................................. 39
40: Inspection and Testing ........................................................................................... 39
42: Ownership of Plants and Materials ............................................................................. 39
43: Payments: General Principles ................................................................................... 40
44: Pre-financing ....................................................................................................... 40
45: Retention Monies .................................................................................................. 40
46: Price Revision ...................................................................................................... 40
47: Measurement ....................................................................................................... 40
48: Interim Payments ................................................................................................. 41
50: Delayed Payments ................................................................................................. 41
53: End Date ............................................................................................................ 41
56: Partial Acceptance ................................................................................................ 41
57: Provisional Acceptance ........................................................................................... 41
58: Maintenance Obligations ......................................................................................... 41
66: Dispute Settlement by Litigation ............................................................................... 41
VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE ............................................. 42
VOLUME 2 SECTION 5 – SPECIMEN RETENTION GUARANTEE ................................................. 43
VOLUME 3 - TECHNICAL SPECIFICATIONS ....................................................................... 44
VOLUME 4 – FINANCIAL BID ........................................................................................ 56
VOLUME 5 – DRAWINGS ............................................................................................. 67
List of drawings attached....................................................................................................................... 67
~~~~~~~~~~~~~~~
Page 3
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 Central Government
Authority, 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 General 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 carpeting, parquet flooring and gypsum works for 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
Central Government Authority will in no case be responsible or liable for such costs, whatever the
conduct or outcome of the procedure.
1.5
The Central Government Authority 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)
Not Applicable
Deadline for request for any additional
information from the Contracting Authority
Wednesday, 17th July 2013
Last date on which additional information are
issued by the Contracting Authority
Deadline for submission of tenders /
Tender Opening Session
(unless otherwise modified in terms of Clause
11.3)
Monday, 22nd July 2013
Wednesday, 24th July 2013
TIME*
12.00pm
12.00pm
10:00am
* 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.
Page 4
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. [This shall take the form of the ‘Power of Attorney’ as per Form 5, Volume 1, Section
4.]
The tender must include a preliminary agreement or letter of intent stating that all
partners assume joint and several liability for the execution of the contract, that the lead
partner is authorised to bind, and receive instructions for and on behalf of, all partners,
individually and collectively.
All partners in the joint venture/consortium are bound to remain in the joint
venture/consortium until the conclusion of the contracting procedure. The consortium/joint
venture winning this contract must include the same partners for the whole performance period
of the contract other than as may be permitted or required by law.
5.4
All materials, equipment and services to be supplied under the contract must originate in an
eligible country. For these purposes, "origin" means the place where the materials and/or
equipment are mined, grown, produced or manufactured and/or from which services are provided.
6. Selection Criteria
6.1
In order to be considered eligible for the award of the contract, tenderers must provide evidence
that they meet or exceed certain minimum qualification criteria described hereunder.
In the case of a joint venture, the joint venture as a whole must satisfy the minimum
qualifications required below.
6.1.1
No evidence of economic and financial standing is required.
6.1.2
Information about the tenderer's technical capacity.
(An economic operator may, where appropriate and for a particular contract, rely on the
capacities of other entities, regardless of the legal nature of the links which it has with them. It
must in that case prove to the contracting authority that it will have at its disposal the resources
necessary for the execution of the contract, for example, by producing an undertaking by those
entities to place the necessary resources at the disposal of the economic operator)
This information must follow the forms in Volume 1, Section 4 of the tender documents and
include:
evidence of experience in execution of works of a similar nature over the past one (1) year,
Page 5
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 €30,000.00 per annum.
The minimum number of projects of the above-mentioned works completed in the last one
(1) year must be at least four (1) in number.
In so listing the end clients, the tenderer is giving his consent to the Evaluation Committee,
so that the latter may, if it deems necessary, contact the relevant clients, with a view to
obtain from them an opinion on the works provided to them, by the tenderer.
Data concerning sub-contractors and the percentage of works to be sub-contracted:
The maximum amount of sub-contracting must not exceed 50% of the total contract value.
The main contractor must have the ability to carry out at least 50% of the contract works by
his own means.
7. Multiple Tenders
7.1
A tenderer may submit multiple tender offers.
7.2
A company may not tender for a given contract both individually and as a partner in a joint
venture/consortium.
7.3
A company may not tender for a given contract both individually/partner in a joint
venture/consortium, and at the same time be nominated as a sub-contractor by any another
tenderer, or joint venture/consortium.
7.4
A company may act as a sub-contractor for any number of tenderers, and joint ventures/consortia,
provided that it does not participate individually or as part of a joint venture/consortium, and that
the nominations do not lead to a conflict of interest, collusion, or improper practice.
8. Tender Expenses
8.1
The tenderer will bear all costs associated with the preparation and submission of the tender.
8.2
The University of Malta will neither be responsible for, nor cover, any expenses or losses incurred
by the tenderer through site visits and inspections or any other aspect of his tender.
9. Site Inspection
9.1
A tenderer may visit the site of the works and its surroundings for the purpose of assessing, at his
own responsibility, expense and risk, factors necessary for the preparation of his tender and the
signing of the contract for the works.
When visiting the University of Malta, prospective tenderers are advised to request a Temporary
Parking Permit from the Security Gate at the new entrance to the University of Malta. (Mater Dei
Side).
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
Instructions to Tenderers
Volume 2
Draft Letter of Acceptance
General
Conditions
(available
online
from
www.contracts.gov.mt/conditions)
Page 6
Volume 3
Volume 4
Volume 5
Special Conditions
Technical Specifications
Model Financial Bid/Bill of Quantities
Drawings
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/contract
fax number +356 21314307
up to 7 calendar days before the deadline for submission of tenders that is up to Wednesday
17th 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.
11.3
The University of Malta may, at its own discretion, as necessary and in accordance with Clause
24, extend the deadline for submission of tenders to give tenderers sufficient time to take
clarification notes into account when preparing their tenders.
12. Labour Law
12.1
Particular attention is drawn to the conditions concerning the employment of labour in Malta
and the obligation to comply with all regulations, rules or instructions concerning the conditions
of employment of any class of employee.
13. Law
13.1
By submitting their tenders, tenderers are accepting that this procedure is regulated by Maltese
Law, and are deemed to know all relevant laws, acts and regulations of Malta that may in any
way affect or govern the operations and activities covered by the tender and the resulting
contract.
C. TENDER PREPARATION
14. Language of Tenders
Page 7
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 near 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
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 1,
Section 3(Note 1) (NOT APPLICABLE FOR THIS TENDER)
(b)
General/Administrative Information(Note 2)
(i)
(ii)
Proof of Purchase of tender document (receipt) (Not
Applicable for this tender)
Statement on Conditions of Employment (Volume 1, Section 4)
Selection Criteria
(c)
Financial and Economic Standing(Note 2)
(Not Applicable)
(d)
Technical Capacity(Note 3)
(i)
(ii)
(e)
Evaluation Criteria/Technical Specifications(Note 3)
(i)
(ii)
(f)
Experience as Contractor (Volume 1, Section 4, Form 2)
Workplan and Programme of Works (Volume 1, Section 4, Form 3)
Tenderer’s Technical Offer in response to specifications (Volume 3)
Literature/List of Samples (Volume 1, Section 4, Form 6)
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; and
Breakdown of the overall price, in the form provided in Volume 4 (Bill of
Quantities).
Notes to Clause 16.1:
Page 8
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
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
Page 9
guarantee (Bid Bond). However, his tender will no longer be considered for award. If the
tenderer decides to accede to the extension, he may not modify his tender.
19.3
The successful tenderer must maintain his tender for a further 60 days from the date of
notification of award.
20. Tender Guarantee (Bid Bond)
20.1
No tender guarantee (bid bond) is required.
21. Variant Solutions
21.1
No variant solutions will be accepted. Tenderers must submit a tender in accordance with the
requirements of the tender document.
22. Preparation and Signing of Tenders
22.1
All tenders must be submitted in one original document Tenders must comprise the documents
specified in Clause 16 above.
22.2
The tenderer’s submission must be typed in, or handwritten in indelible ink. Any pages on which
entries or corrections to his submission have been made must be initialled by the person or
persons signing the tender. All pages must be numbered consecutively by hand, machine or in
any other way acceptable to the University of Malta.
22.3
The tender must contain no changes or alterations, other than those made in accordance with
instructions issued by the University of Malta (issued as clarification notes) or necessitated by
errors on the part of the tenderer. In the latter case, corrections must be initialled by the
person signing the tender.
22.4
The tender will be rejected if it contains any alteration, tampering, addition or deletion to the
tender documents not specified in a clarification note issued by the University of Malta.
D. SUBMISSION OF TENDERS
23. Sealing and Marking of Tenders
23.1
The tenders must be submitted in English and deposited in the Department’s tender box before
the deadline specified in Clause 2 or as otherwise specified in accordance with Clause 11.1
and/or 24.1. They must be submitted:
EITHER by recorded delivery (official postal/courier service) or hand delivered to:
Procurement Directorate, near 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
Page 10
contract notice will be subject to the new date.
25. Late Tenders
25.1
All tenders received after the deadline for submission specified in the contract notice or these
instructions will be kept by the University of Malta. The associated guarantees will be returned to
the tenderers.
25.2
No liability can be accepted for late delivery of tenders. Late tenders will be rejected and will
not be evaluated.
26. Alterations and Withdrawal of Tenders
26.1
Tenderers may alter or withdraw their tenders by written notification prior to the above
deadline. No tender may be altered after the deadline for submission.
26.2
Any notification of alteration or withdrawal must be prepared, sealed, marked and submitted in
accordance with Clause 23, and the envelope must also be marked with "alteration" or
"withdrawal".
26.3
The withdrawal of a tender in the period between the deadline for submission and the date of
expiry of the validity of the tender will result in forfeiture of the tender guarantee provided for
in Clause 20.
E. OPENING AND EVALUATION OF OFFERS
27. Opening of Tenders
27.1
Tenders will be opened by the University of Malta during a public session on the date and
time indicated in the timetable at Clause 2 (or as otherwise specified in accordance with
Clause 11.1 and/or 24.1) at the University of Malta. A ‘Summary of Tenders Received’ will be
published on the notice board at the University of Malta, Procurement Directorate,
Administration Building, 2nd Floor, and shall also be available to view on the University’s
website, www.um.edu.mt/procurement/service/tender under the respective tender page.
27.2
At the tender opening, the tenderers' names, the tender prices, variants, written notification of
alterations and withdrawals, the presence of the requisite tender guarantee and any other
information the University of Malta may consider appropriate will be published.
27.3
Envelopes marked "withdrawal" will be read out first and returned to the tenderer.
27.4
Reductions or alterations to tender prices made by tenderers after submission will not be taken
into consideration during the analysis and evaluation of tenders.
28. Secrecy of the Procedure
28.1
After the opening of the tenders, no information about the examination, clarification,
evaluation or comparison of tenders or decisions about the contract award may be disclosed
before the notification of award.
28.2
Information concerning checking, explanation, opinions and comparison of tenders and
recommendations concerning the award of contract, may not be disclosed to tenderers or any
other person not officially involved in the process unless otherwise permitted or required by law.
28.3
Any attempt by a tenderer to approach any member of the Evaluation Committee/University of
Malta directly during the evaluation period will be considered legitimate grounds for disqualifying
his tender.
Page 11
29. Clarification of Tenders
29.1
When checking and comparing tenders, the evaluation committee may, after obtaining approval
from the Departmental Contracts Committee, ask a tenderer to clarify any aspect of his tender.
29.2
Such requests and the responses to them must be made by e-mail or fax. They may in no
circumstances alter or try to change the price or content of the tender, except to correct
arithmetical errors discovered by the evaluation committee when analysing tenders, in
accordance with Clause 31.
30. Tender Evaluation Process
30.1
The following should be read in conjunction with Clause 27.
30.2
Part 1: Administrative Compliance
The Evaluation Committee will check the compliance of tenders with the instructions given in the
tender document, and in particular the documentation submitted in respect of Clause 16.
The Evaluation Committee shall, after having obtained approval by the Department Contracts
Committee, request rectifications in respect of incomplete/non-submitted information pertinent
to the documentation as outlined in sub-Clause 16.1(a), 16.1(b), and 16.1(c) of these Instructions
to Tenderers. Such rectification/s must be submitted within two (2) working days from
notification, and will be subject to a non-refundable administrative penalty of €50: failure to
comply shall result in the tender offer not being considered any further. No rectification shall be
allowed in respect of the documentation as outlined in sub-Clause 16.1 (d), 16.1(e), and 16.1(f)
of these Instructions to Tenderers. Only clarifications on the submitted information in respect of
the latter may be eventually requested.
30.3
Part 2: Eligibility and Selection Compliance
Tenders which have been considered administratively compliant shall be evaluated for
admissibility as outlined below:
(i) Eligibility Criteria
Tender Form (Volume 1, Section 2)
(ii) Selection Criteria
Evidence of technical capacity
30.4
Part 3: Technical Compliance
At this step of the evaluation process, the Evaluation Committee will analyse the
administratively-compliant tenders’ technical conformity in relation to the technical
specifications (Volume 3, and the documentation requested by the Contracting Authority as per
sub-Clause 16(e)), classifying them technically compliant or non-compliant.
Tenders are requested to deliver the samples to the Estates & Works Department, University of
Malta, before the closing date and time of the tender.
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. The financial evaluation will have to identify the best financial offer.
31. Correction of Arithmetical Errors
Page 12
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 Department Contracts Committee to communicate
the revised price to the tenderer. If the tenderer does not accept the adjustment, his tender will
be rejected and his tender guarantee forfeited.
31.3
When analysing the tender, the evaluation committee will determine the final tender price after
adjusting it on the basis of Clause 31.1.
F. CONTRACT AWARD
32. Criteria for Award
32.1
The sole award criterion will be the price. The contract will be awarded to the cheapest priced
tender satisfying the administrative and technical criteria.
33. Right Of The University of Malta To Accept Or Reject Any Tender
33.1
The University of Malta reserves the right to accept or reject any tender and/or to cancel the
whole tender procedure and reject all tenders. The University of Malta reserves the right to
initiate a new invitation to tender.
33.2
The University of Malta reserves the right to conclude the contract with the successful tenderer
within the limits of the funds available. It can decide to reduce the scope of works or to ask for a
discount from the cheapest compliant tenderer.
33.3
In the event of a tender procedure's cancellation, tenderers will be notified by the University of
Malta. If the tender procedure is cancelled before the outer envelope of any tender has been
opened, the sealed envelopes will be returned, unopened, to the tenderers.
33.4
Cancellation may occur where:
(a) the tender procedure has been unsuccessful, namely where no qualitatively or financially
worthwhile tender has been received or there has been no response at all;
(b) the economic or technical parameters of the project have been fundamentally altered;
(c) exceptional circumstances or force majeure render normal performance of the project
impossible;
(d) all technically compliant tenderers exceed the financial resources available; and
(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
Department 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:
Page 13
(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 shall be published on the Notice Board of the
University of Malta, Procurement Directorate, Administration Building, 2 nd 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 with 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 contract, other required documentation, and
any guarantees required within the prescribed 7 calendar days, the University of Malta may
consider the acceptance of the tender to be cancelled without prejudice to the University of
Malta’s right to seize the guarantee, claim compensation or pursue any other remedy in respect
of such failure, and the successful tenderer will have no claim whatsoever on the University of
Malta.
The tenderer whose tender has been evaluated as [second cheapest/second most economically
advantageous] may be recommended for award, and so on and so forth.
35.5
Only the signed Letter of Acceptance will constitute an official commitment on the part of the
University of Malta, and activities may not begin until the contract has been signed 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.
Page 14
36.2
The Contractor must inform the University of Malta’s representative by return that he has
received the notice.
G. MISCELLANEOUS
37. Ethics Clauses
37.1
Any attempt by a candidate or tenderer to obtain confidential information, enter into unlawful
agreements with competitors or influence the committee or the University of Malta during the
process of examining, clarifying, evaluating and comparing tenders will lead to the rejection of
his candidacy or tender and may result in administrative penalties.
37.2
Without the University of Malta’s prior written authorisation, the Contractor and his staff or any
other company with which the Contractor is associated or linked may not, even on an ancillary or
sub-contracting basis, supply other services, carry out works or supply equipment for the project.
This prohibition also applies to any other programmes or projects that could, owing to the nature
of the contract, give rise to a conflict of interest on the part of the Contractor.
37.3
When putting forward a candidacy or tender, the candidate or tenderer must declare that he is
affected by no potential conflict of interest, and that he has no particular link with other
tenderers or parties involved in the project.
37.4
The Contractor must at all time act impartially and as a faithful adviser in accordance with the
code of conduct of his profession. He must refrain from making public statements about the
project or services without the Contracting Authority's prior approval. He may not commit the
Contracting Authority in any way without its prior written consent.
37.5
For the duration of the contract, the Contractor and his staff must respect human rights and
undertake not to offend the political, cultural and religious morals of Malta.
37.6
The Contractor may accept no payment connected with the contract other than that provided for
therein. The Contractor and his staff must not exercise any activity or receive any advantage
inconsistent with their obligations to the Contracting Authority.
37.7
The Contractor and his staff are obliged to maintain professional secrecy for the entire duration
of the contract and after its completion. All reports and documents drawn up or received by the
Contractor are confidential.
37.8
The contract governs the Parties' use of all reports and documents drawn up, received or
presented by them during the execution of the contract.
37.9
The Contractor shall refrain from any relationship likely to compromise his independence or that
of his staff. If the Contractor ceases to be independent, the Central Government Authority 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 followup 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.
Page 15
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 16
VOLUME 1 SECTION 2 – TENDER FORM
(A separate, distinct Tender Form must be submitted for EACH OPTION – if applicable - submitted)
Publication reference:
TENDER FOR CARPETING AND PARQUET FLOORING AND GYPSUM WORKS AT THE VALLETTA CAMPUS UNIVERSITY OF MALTA. – UM1730
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
Nationality
Proportion
of
Responsibilities2
1
Partner
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
contracted
to
be
sub-
Name and details
sub-contractors
of
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.
B
CONTACT PERSON (for this tender)
Name
Surname
Telephone
(____) ________________________
Fax
(____) ________________________
Address
...............................................................................................................
...............................................................................................................
.................................................................................................... ...........
E-mail
Page 17
4C
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 Central Government Authority) for invitation
to tender No UM1730 of 05/07/2013. 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: Carpeting & Parquet Flooring (including Skirting)
Bill C: Gypsum Works
Bill D: Dayworks (Provisional)
3
The Grand total price of our tender (inclusive of duties, VAT, other taxes/charges, Eco Contribution
(if any) and any discounts) is:
Bill A – Bill D: [Euro……………………………………………] (from Financial Bid summary on page 66 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.
We will inform the Central Government Authority 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.
10
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)
Tender Guarantee
(Note 1)
Page 18
o Bid Bond
(b)
(c)
General Information (Note 2)
o Proof of Purchase of tender document (receipt) (Not Applicable for this
tender)
o Statement on Conditions of Employment (Volume 1, Section 4, Form 1)
o Power of Attorney (Volume 1, Section 4, Form 4) [where applicable]
o Data on Joint Venture (Volume 1, Section 4, Form 5) [where applicable]
Selection Criteria (Note 2)
Financial and Economic Standing (Note 2)
o Not Applicable
Technical Capacity (Note 3)
Experience as Contractor (Volume 1, Section 4, Form 2)
Workplan and Programme of Works (Volume 1, Section 4, Form 3)
(e)
(f)
Evaluation Criteria/Technical Specifications (Note 3)
● Tenderer’s Technical Offer
● Literature /List of Samples (Volume 1, Section 4, Form 6)
Tender Form, and Financial Offer/Bill of Quantities (Note 3)
Notes:
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. This is indicated by the
symbol ○
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. This is indicated by the symbol ○
3. 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 Central Government Authority 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 Central Government Authority 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:
_________________________________________
Place and date:
_________________________________________
Page 19
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 20
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 21
VOLUME 1 SECTION 4 - TENDERER’S STATEMENTS
1. Statement on Conditions of Employment
Tenderers are to ensure that self-employed personnel registered with Maltese Authorities are not
engaged as employees of the company on this contract. Self-employed personnel may be engaged as
subcontractors or as partners in a Joint Venture.
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 22
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 23
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
Signature:
....................................................................
(the person or persons authorised to sign on behalf of the tenderer)
Date:
....................................................................
Page 24
3. Workplan and Programme of Works
Please attach the Workplan and the Programme of Works in relation to this tender.
Signature:
....................................................................
(the person or persons authorised to sign on behalf of the tenderer)
Date:
....................................................................
Page 25
4. Literature/Certificates/List of Samples
1. List of technical literature to be submitted with the tender:
Item/Description
Carpet tile
Parquet tile
100mm Gypsum Partition – 30 min Fire Rating
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
C1 of the BOQ
2. List of samples to be submitted with the tender:
Item / Description
Carpet tile
Parquet tile
100mm Gypsum Partition – 30 min Fire Rating
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
C1 of the BOQ
3. National Green Public Procurement Requirement Documents to be submitted with the tender:
Item/Description
Reference in Technical Specifications
GENERAL
Tenderers must declare that products which contain
sulphur hexafluoride will not be used.
Volume 3 – Technical Specifications and Item
3.5
The VOC emissions from the building products used
must not exceed the respective values outlined.
Volume 3 – Technical Specifications and Item
3.5
GYPSUM / PARTITIONS
Tenderers must submit proof or declare that wall
panel covering materials, such as paint types will
not hinder the recycling or diversion of gypsum
plasterboard at end-of-life. Any technical literature
available must be submitted.
Tenderers must submit appropriate and acceptable
user
information
describing
the
handling,
installation
procedures,
surface
treatment
applications, recycling and/or disposal methods.
This information shall be provided with the product
Volume 3 – Technical Specifications and Item
3.4.15
Volume 3 – Technical Specifications and Item
3.4.15
Page 26
or on the packaging or labels.
It must demonstrated that the contractor installing
the wall panels has in place effective policies and
procedures to ensure that waste arising from the
installation, i.e. off cuts, trimming losses, damaged
boards etc. is properly dealt with in a sustainable
manner, such as recovery, recycling or diverting
from landfill where possible through an appropriate
collection scheme.
Signature:
Volume 3 – Technical Specifications and Item
3.4.15
....................................................................
(the person or persons authorised to sign on behalf of the tenderer)
Date:
....................................................................
Page 27
VOLUME 1 SECTION 5 – GLOSSARY
Definitions
Note: the present definitions are given here for convenience only, in the context of the tender procedure.
The definitions set out in the contract as concluded are determining for the relations between the parties
to the contract.
Administrative order: Any instruction or order issued by the Engineer to the Contractor in writing
regarding the execution of the works.
Breakdown of the overall price: A heading-by-heading list of the rates and costs making up the price for a
lump sum contract.
Central Government Authority: 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 Central Government Authority 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 Central Government Authority and possessing the technical, linguistic and administrative
capacities necessary to give an informed opinion on tenders.
Final acceptance certificate: Certificate(s) issued by the Engineer to the Contractor at the end of the
defects notification period stating that the Contractor has completed his obligations to construct,
complete, and maintain the works concerned.
Final Beneficiary: The Department/Entity or other government body on whose behalf the Department of
Contracts has issued this tender.
Page 28
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 29
VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC PROCUREMENT
REGULATIONS
Section 21 - Right of Recourse
(1) Where the estimated value of the public contract exceeds twelve thousand euro (€12,000) and is issued
by an authority listed in Schedule 1, any tenderer or candidate concerned shall have a right to make a
complaint to the Review Board in accordance with this regulation.
(2) (a) The contracting authority shall be obliged to issue a notice and affix an advertisement, in a
prominent place at its premises, indicating the awarded public contract, the financial aspect of the award
and the name of the successful tenderer. The contracting authority shall, by electronic means or by fax,
inform the tenderer or candidate concerned of the publication of the award. The contracting authority shall
be precluded from concluding the contract during the period allowed for the submission of appeals.
(b) The award process shall be completely suspended if an appeal is eventually submitted.
(3) Any tenderer or candidate concerned who is aggrieved by the award indicated by the contract authority
may, within five working days from the publication of the notice, file a letter of objection, together with a
deposit, with the contracting authority, clearly setting forth any reason for his complaint. The deposit to be
paid in respect of tenders valued at less than forty-seven thousand euro (€47,000) shall be four hundred
euro (€400), while those between forty-seven thousand euro (€47,000) and one hundred and twenty
thousand euro (€120,000) shall be 0.5% of the estimated value of the tender, with a minimum deposit of
four hundred euro (€400).
The letter by the complaining tenderer shall be affixed on the notice board of the contracting authority and
shall be brought to the attention of the recommended tenderer.
(4) After the expiry of the period allowed for the submission of a complaint, the contracting authority shall
deliver the letter of complaint, the deposit receipt and all documents relating to the public contract in
question to the Review Board who shall examine the matter in a fair and equitable manner. In its
deliberation the Review Board shall have the authority to obtain, in any manner it deems appropriate, any
other information not already provided by the contracting authority. The Review Board shall determine the
complaint by upholding or rejecting it. The written decision of the Review Board shall be affixed on the
notice board of the contracting authority and copies thereof shall be forwarded to the Director of Contracts
and all the parties involved.
(5) The tenderer or candidate concerned who is not satisfied with the decision granted by the Review
Board may refer the matter to the Court of Appeal (Inferior Jurisdiction) in terms of article 41(6) of the
Code of Organization and Civil Procedure within a period of sixty days. Such recourse however may not
delay the Head of the contracting authority from implementing the Review Board’s decision.
(6) Tender documents issued in terms of this Part shall include a clause informing tenderers that the award
of the contract is subject to the right of recourse as provided for in this regulation, a copy of which should
be reproduced in the documents.
(7) The Minister shall have the authority by order to extend the provisions of this regulation in order that
recourse as provided in this regulation be made available also by authorities listed in Schedule 3 and to
prescribe the procedure by which such recourse is to be granted.
Page 30
VOLUME 2
VOLUME 2 SECTION 1 – DRAFT LETTER OF ACCEPTANCE
Our Ref: EB/eb/_______
[……………………………………..]
[……………………………………..]
[……………………………………..]
[……………………………………..]
[……………………………………..]
Attn [……………………………………..] [……………………………………..]
Dear Sirs,
UM 1730 -
TENDER FOR CARPETING AND PARQUET FLOORING AND GYPSUM WORKS 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 31
VOLUME 2 SECTION 2 – GENERAL CONDITIONS
The full set of General Conditions for Works Contracts (Version 1.02 dated 1 December
2011) can be viewed/downloaded from:
www.contracts.gov.mt/conditions
It is hereby construed that the tenderers have availed themselves of these general
conditions, and have read and accepted in full and without reservation the conditions
outlined therein, and are therefore waiving any standard terms and conditions which they
may have.
These general conditions will form an integral part of the contract that will be signed
with the successful tenderer/s.
Page 32
VOLUME 2 SECTION 3 – SPECIAL CONDITIONS
These conditions amplify and supplement, if necessary, the General Conditions governing the
contract. Unless the Special Conditions provide otherwise, those General Conditions remain fully
applicable. The numbering of the Articles of the Special Conditions is not consecutive but follows
the numbering of the Articles of the General Conditions. Other Special Conditions should be
indicated afterwards.
Article 2: Law and language of the contract
2.1
The Laws of Malta shall apply in all matters not covered by the provisions of the contract.
2.2
The language used shall be English.
Article 3: Order of precedence of contract documents
The contract is made up of the following documents, in order of precedence:
(a) the Contract,
(b) the Special Conditions,
(c) the General Conditions,
(d) the Contracting Authority’s technical specifications and design documentation,
(e) the Contractor’s technical offer, and the design documentation (drawings),
(f) the bill of quantities (after arithmetical corrections)/breakdown,
(g) the tender form,
(h) any other documents forming part of the contract.
Addenda have the order of precedence of the document they are modifying.
Article 4: Communications
Director of Procurement
Administration Building
Tal-Qroqq
Msida
Malta
Telephone: +356 2340 2473
Fax:
+356 21314307
Email:
tenders.procurement@um.edu.mt
Article 5: Supervisor and Supervisor's representative
i) The Supervisor (and/or Architect in Charge) and Supervisor's representative (and/or Project Manager
as delegated), shall have the power, during the course of the work, to order the contractor to remove
from the site any materials which are considered to be of an inferior quality. He shall also have the
power to order the removal and a proper re-execution of any work executed with the rejected
materials in a manner contrary to the spirit of the specifications. Such orders shall be carried out by
the contractor at his own expense.
ii) In case of default on the part of the contractor to carry out such orders, the Supervisor (and/or
Architect in Charge) and Supervisor's representative (and/or Project Manager as delegated), shall have
the power to employ and pay other persons to carry out same at the contractor’s expense; such
expenses will be deducted from any monies that may be due to the contractor.
iii) The contractor shall, if ordered in writing by the Supervisor (and/or Architect in Charge) and
Page 33
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.
Article 8: Supply of Documents
All drawings and a copy of the specifications shall be furnished to the contractor for his own use. The
architects shall furnish to the contractor, at his request, any instructions which, in the opinion of the
architect are necessary for the execution of any part of the work, such request to be made only within
a reasonable time for it is necessary to execute such a work in order to fulfil the contract.
Article 10: Assistance with Local Regulations
The contractor shall comply with and fulfil all obligations imposed by Act 19 of the Police Laws and
shall give all notices, obtain all permits, pay all fees that may be lawfully demanded by Public Offices
in respect of works and complies with all requirements of the law and lawful authority.
The contractor shall be responsible for the satisfactory working of the complete installation to the
entire satisfaction of the Engineer as regards workmanship, materials, execution and maintenance
within the guarantee periods specified and shall be responsible for compliance with all Statutory and
Local Regulations and for compliance with all the tests required by the Engineer and all tests required
by Enemalta Corporation.
Article 11: The Contractor’s Obligations
The provisions of Legal Notice 281 of 2004 and all relevant regulations and subsequent guidelines
pursuant to the Code of Practice for the Construction Industry 2006, shall be adopted throughout
the construction phase of the Project.
Without prejudice to the Contents of Articles 11.1 to 11.10 of the General Conditions:The Contractor will be responsible for the safety of the works and site (including the materials and
plant) until they are taken possession of by the University and shall stand the risk and be responsible for
and must with all possible speed make good and any damage caused to the Works and Site (be it by
accident, weather, storm or any other causes) must be made good by the contractor at his own expense.
The Contractor must cover up and protect from damage from any cause, all new work. He must supply
protection from the whole of the works executed and any damage caused must be made good by the
contractor at his own expense
The work shall be carried out in accordance with the directions and to the satisfaction of the architects,
specifications and Schedule of Quantities and such further drawings and directions as may from time to
time be given by the architects or supplied by the contractor as part of this contract. If the work shown
on any such direction be in the opinion of the contractor, extra to that comprised in the specifications
Page 34
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,the
contract shall be terminated with effect from the date of suspension of the contract, or from the date
of the judicial decision, as appropriate, and no action for damages shall lie against the contracting
authority with respect to such termination;
c) the person in whose favour the contract is awarded shall under all circumstances be responsible to
ensure that all his subcontractors and other persons engaged to do work or to render services in terms of
the awarded contract are aware of the penalties provided in this clause, which penalties are also
applicable to them.
Control of Site Work
The Contractor shall ensure that all works are carried out in an orderly and professional manner that
causes the least disturbance to the surroundings and in particular that create the least possible
obstruction to third parties and their activities in all their possible aspects.
Entry to the site through the School may be restricted to two hours per day. No noise/vibrations which
will effect the adjacent School may be carried out during School hours. The Final Beneficiary reserves
the right to change the Contractor’s access point to the site at any time. The Contractor shall be
responsible to co-ordinate his works with other Contractors carrying out other works. At no time shall he
impede in any way the works of other contractors on site.
The Site is to be kept clean and well organised to the satisfaction of the Supervisor/Engineer, who may
order any action or steps to be taken, that may have not been included statutory permits granted for
the Project in order to ensure abidance with the provisions of this Clause. No extra payments or
extensions of completion period shall be considered if these are claimed to arise out of such instructions
by the Supervisor / Engineer.
In the event that such actions or steps as ordered by the Supervisor / Engineer are not carried out within
the specified time required, the Final Beneficiary, without further notice, appoint others to carry out
such instructions at the Contractor’s expense.
Special Controls
(a) Dust Control
The Contractor shall, for the duration of the Contract, maintain all roads, plant sites, waste disposal
areas and all other work resulting from installation works. Dust shall be controlled by the sprinkling of
water.
(b) Noise Control
The Contractor shall acquaint himself with the recommendations set out in BS5228 or its Local /
European equivalent - Noise Control on Installation and Open Sites together with any mandatory specific
requirements as may be stipulated by the Supervisor / Engineer.
(c) Housekeeping
The Contractor shall keep the site orderly, clean and in a safe condition at all times, immediately
Page 35
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.
(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.
The following drawings are being provided for general guidance of the scope of works.
The list of tender drawings is as follows
No
Name
Drawing No
1.
Mezzanine Floor Plan (General)
01
2.
Sectional Elevation and Plan of Stairs (Gypsum Partition)
02
3.
Mezzanine Floor Plan (Parquet Flooring Area)
03
4.
Ground Floor Plan (Carpeting Area)
04
Page 36
5.
Ground Floor Plan (Gypsum/Bulkhead details)
05
Article 13: Performance Guarantee
13.1
The value of the Performance Guarantee is 10% of the Contract value.
13.3
The performance guarantee shall be in the format given in Volume 2 Section 4 and shall be
provided in the form of a bank guarantee. It shall be issued by a bank in accordance with the
eligibility criteria applicable for the award of the contract. The guarantee will only be released in
accordance with the Conditions of Contract.
Article 14: Insurance
a)
All risks insurance:
The contractor is to insure in the joint names of the Contracting Authority, the works against loss
and damage by fire, storm tempest, lightning, floods, earthquake, aircraft or anything dropped
there from aerial objects, riot and civil commotion for the full value thereof plus 15% of all the
works executed and all unfixed materials intended for, delivered to or placed on or adjacent to the
works and shall keep such works, materials so insured until the completion of the works.
b)
Third party insurance:
Without in any way limiting his responsibility under paragraph (a) above, the contractor shall effect
a policy of insurance against the risks mentioned therein to cover an amount of not less than
€1,200,000 (one million two hundred thousand Euro) for any one occurrence with the number of
occurrences unlimited. The policy shall be in the joint names of the Contracting Authority and the
contractor and shall include cross liabilities clauses
Article 15: Performance Programme (Timetable)
Seven calendar days before intended commencement of any works the Contractor shall furnish a,
programme of works, as the architect and project manager shall require.
Before proceeding with the execution of the work, the contractor shall obtain the architects’ and
project manager's approval of the manner in which he proposes to carry out each portion of the
work.
Article 17: Contractor’s Drawings
Seven calendar days before intended commencement of any works the Contractor shall furnish such
working drawings or information, as the architect and project manager shall require.
Article 18: Tender Prices
18.1
The tendered rates shall be inclusive of all work as specified, as well as any other works that are of
a contingent or indispensable nature for completing the work in its entirety. The rates shall be
inclusive of all materials necessary, profits and payments of Customs Duty and Landing charges on
all imported goods, VAT, taxes, ECO contribution, all hire of plant and machinery required as also
all transport of materials to the site of works and so on. Tenderers are to give rates as quoted for.
Page 37
No claims arising from lack of ascertaining the site condition shall be entertained.
18.2
The tendered rates shall be fixed rates and no allowance will be made for fluctuations in rates and
prices or for any increase or decrease in the cost of labour and/or materials and other costs
mentioned under Clause 18.1
Article 22: Interference With Traffic
As per General conditions
Article 25: Demolished Materials
25.1
As per General conditions
25.4
As per General conditions
Article 26: Discoveries
26.2
As per General conditions
26.3
As per General conditions
Article 28: Soil Studies
28.1
As per General conditions
Article 30: Patents and Licences
30.1
As per General conditions
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.
Article 32: Period of Performance
32.1
It is to be made absolutely clear that all works envisaged in this contract are to be carried out in
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.
Page 38
Article 34: Delays in Execution
34.1
If the Contractor fails to start the works assigned to him on the specified starting date, a penalty of
one thousand two hundred Euros (€1200) per day including Sundays and public holidays shall be
imposed until the works have commenced. Subsequently the Contractor shall be subject to a
penalty for delay of one thousand two hundred Euros (€ 1200) per day inclusive of Sundays and
Public Holidays for any delays over the 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.
Article 37: Work Register
37.1
As per General conditions
Article 38: Origin
38.1
As per General conditions
Article 39: Quality of Works and Materials
39.2
a)
All materials required for the completion of the works specified shall be provided by the
contractor.
b)
The work is to be carried out in the best customary practice and the architect in charge is to
be satisfied that the quality of the materials conforms to that specified herein.
c)
The contractor shall provide without extra charge all labour and equipment required by the
architect in charge of testing, measuring or proving the efficiency of any of the materials
used or of any portion or portions of the completed works.
d)
The Contractor shall guarantee the works that he has carried out, for a Minimum period of
twelve months after completion, against defective materials and all workmanship
Article 40: Inspection and Testing
40.2
Tests on any materials, causes, etc. may be taken at any time during the course of the works and
the contractor shall be bound to provide the architect with all such assistance, instruments,
machines, labour and materials as are normally required for examining, measuring and testing any
work, and the quality, weight or quantity of any materials used and shall supply samples of
materials before incorporation in the works, for testing as may be required by the architects, the
Project Manager or Supervisor.
Article 42: Ownership of Plants and Materials
42.2
Article 42 of the General Conditions shall be understood to refer to all equipment, temporary
structures, plant and materials brought on site by the Contractor.
Page 39
Article 43: Payments: General Principles
43.1
(a) Payments shall be made in Euro, up to 95% of the certified works carried out, with 5% being kept
as retention money.
(b) Payments shall be made by the University of Malta.
43.3
The payment terms referred to under the relative Clause of the General Conditions particular to
this tender state that payment shall be effective within a reasonable period time. This should be
taken to mean that payment is to be effected within 90days from the date of receipt of the invoice
or request for goods delivered, services rendered of work carried out to the satisfaction of the Head
of Department or his representative, failing which the provisions of the Late Payments Directive will
come into effect (30 days as per General Conditions).
43.4
Whenever the 30-day period is mentioned in this article, it is deemed to be 60 days.
Article 44: Pre-financing
44.1
Not Applicable to this tender
Article 45: Retention Monies
45.2
The balance of 5% of the contract sum retained as per Article 43.1 above, will be retained for the
duration of the defects liability period as stipulated in Article 39 (d) above and will only be
refunded if defective work, if any, had been made good to the satisfaction of the architects, the
Project Manager and/or the Supervisor of the Contracting Authority.
Article 46: Price Revision
46.1
No price revisions are allowed
46.3
Prices contained in the Contractor's tender shall be deemed:
a) to have been determined on the basis of the conditions in force 30 days prior to the latest
date fixed for submission of tenders or, in the case of direct agreement contracts, on the
date of the contract;
b) to have taken account of the legislation and the relevant tax arrangements applicable at
the reference date fixed in Article 46.3(a).
46.4
In the event of changes to, or introduction of, any national or state statute, ordinance, decree or
other law, or any regulation or bye-law of any local or other public authority, after the date stated
in Article 46.3 which causes a change in the contractual relationship between the parties to the
contract, the Contracting Authority and the Contractor shall consult on how best to proceed further
under the contract, and may as a result of such consultation decide, with the prior approval of the
Central Government Authority:
a) 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
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
Page 40
47.2
Final measurements of all the works carried out shall be prepared within a reasonable period after
the works are completed and paid according to the applicable rates detailed in the Bill of
Quantities
Article 48: Interim Payments
48.1
In line with article 48. 1 of the General Conditions, an interim certificate of payment may be issued
at intervals of not less than one month and not more than three months intervals against invoices
from the Contractor.
Article 50: Delayed Payments
50.1
The period quoted in Article 50.1 of the General Conditions may be subject to change according to
the particular needs of the Department
50.2
Once the deadline laid down in Article 50.1 has expired, the Contractor may, within two months of
late payment, claim late-payment interest:
[Malta Funds]
A contractor would become entitled to the payment of interest at 2% over the rate of interest
established by the European Central Bank for that particular period.
By way of exception, when the interest calculated in accordance with this provision is lower than or
equal to €200, it shall be paid to the Contractor only upon a demand submitted within two months
of receiving late payment.
Article 53: End Date
Malta Funds
Article 53 of the General Conditions is not applicable.
Article 56: Partial Acceptance
56.3
Not Applicable.
Article 57: Provisional Acceptance
As per General Conditions
Article 58: Maintenance Obligations
58.6
The Contractor shall replace at his expense any work, which is proven to be defective even after
completion, up to a maximum of two (2) years.
Article 66: Dispute Settlement by Litigation
Any dispute between the Parties that may arise during the performance of this contract and that
has not been possible to settle otherwise between the Parties shall be submitted to the arbitration
of the Malta Arbitration Centre in accordance with the Arbitration Act (Chapter 387) of the Laws of
Malta.
This law is based on “Model Law” which is the Model Law on International Commercial Arbitration
adopted on June 21, 1985 by the United Nations Commission on International Trade Law reproduced
in the First Schedule of the Arbitration Act.
Page 41
VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE
(LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE)
Director of Contracts
Department of Contracts
Notre Dame Ravelin
Floriana FRN1600
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 [CT File Reference], whereby the contractor undertook the [title of contract]
in accordance with Article 13 of the Special Conditions the [works/services/supplies] as mentioned,
enumerated or referred to in the Specification and/or Bills of Quantities forming part of the contract
documents, we hereby guarantee to pay you on demand a maximum sum of €[amount in works and
numbers] in case the obligations of the above-mentioned contract are not duly performed by the
Contractor.
This guarantee will become payable on your first demand and it shall not be incumbent upon us to verify
whether such demand is justified.
For avoidance of doubt it is hereby declared that although this instrument gives rise to legal relations
between the guarantor and the beneficiary, it is hereby specifically declared for all intents and purposes of
law that this guarantee does not exempt the above-mentioned Contractor from any obligations, acts of
performance or undertaking assumed under the tender documents as ratified in the contract.
Any payments due to the contractor in respect of the obligations entered into under the contract above
referred to shall be made through this Bank.
This guarantee expires on the [expiry date] and unless it is extended by us or returned to us for
cancellation before that date any demand made by you for payment must be received in writing not later
than the aforementioned expiry date.
This document should be returned to us on utilization or expiry or in the event of the guarantee being no
longer required.
After the expiry date and in the absence of a written demand being received by us before such expiry date,
this guarantee shall be null and void, whether returned to us or not, and our liability hereunder shall
terminate.
This guarantee is personal to you, and is not transferable or assignable.
Yours Faithfully,
.............................................
[Signatory on behalf of Guarantor]
Page 42
VOLUME 2 SECTION 5 – SPECIMEN RETENTION GUARANTEE
(LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE)
Director of Contracts
Department of Contracts
Notre Dame Ravelin
Floriana FRN1600
Malta
[Date]
[Tender Reference]
Dear Sir,
We, the undersigned, [name, company name, address], hereby declare that we will guarantee, as
principal debtor, to [Central Government Authority's name and address] on behalf of [Contractor's
name and address], the payment of [indicate the amount], corresponding to the guarantee mentioned in
Article 45 of the Special Conditions without dispute, on receipt of a first written request from the
beneficiary.
We further agree that no change or addition to or other modification of the terms of the contract or of the
works to be performed there under or of any of the contract documents which may be made between you
and the Contractor shall in any way release us from any liability under this guarantee. We hereby waive
notice of any such change, addition or modification.
The guarantee will enter into force and take effect from the [indicate the date of payment of the sums
retained under the contract] and shall be valid until the date of issue of the certificate of final acceptance.
We note that you will release the guarantee and notify us of the fact at the latest within thirty days of the
date of issue of this certificate.
Done at ………….., ../../..
Name and first name: …………………………… On behalf of: …………………
Signature: ……………..
[stamp of the body providing the guarantee]
Page 43
VOLUME 3 - TECHNICAL SPECIFICATIONS
3.1 SPECIFICATIONS FOR LAMINATE PARQUET FLOORING
3.1.1 GENERAL
The laminate parquet flooring shall comprise of an impregnated decorative surface laminate,
a protective overlay (melamine or equivalent), a wood core, water-resist bearing layer
(moisture-resist HDF or equivalent) of adequate thickness with swell properties to EN 317 ≤ 6,
a counterbalancing laminate and a sound absorption layer of adequate thickness.
The laminate shall have a wood grain definition pattern / decor to
Project Manager.
the approval of the
3.1.2 METHODOLOGY
The Contractor shall submit the following before the start of the installation:
Installation method as recommended by the manufacturer.
3.1.3 TECHNICAL AND PERFORMANCE CHARACTERISTICS
The laminate flooring shall comply with the following:
Characteristic
Standard
Value
General Class
EN 685
Commercial, Medium 32
Abrasion Class
EN 13329
AC4 (IP≥4000)
Impact Class
EN 13329
IC2
Total thickness
NA
> 8.0mm
Resistance to
EN 13329 (EN
5
Staining
438)
Resistance to
EN 13329 (EN
4
Cigarette Burns
438)
Resistance to
EN 13329 (EN No marks (test object
Castor Marks
425)
Type 0)
Light fastness
EN
13329
7 max.
(Blue Wool)
(EN105)
Antistatic
EN 1815
Class 2
Performance
Type of Jointing
NA
Glue-less Click or Lock
Joint Sealing
NA
Yes
Sound Cushioning NA
Yes
Footfall
Sound
Improvement
Wood Coreboard
Wood Coreboard
Swell Resistance
Reaction to Fire
NA
- 18dB
EN 312
EN 317
≤6
Emission Class E1
EN 13501-1
Class Bfl, s1 min.
3.1.4 INSTALLATION
The laminate flooring shall be installed on the existing floor.
The preparation of the sub-floor (existing tiles) and installation shall comply with the
Page 44
manufacturer’s recommendations.
The system shall be of the glue less type.
3.1.5 CONDITIONING
Any conditioning of the sheets (rolls) shall be in accordance with the manufacturer’s
recommendations.
3.1.6 JOINT SEALING
The joints shall be sealed with a non-stick proprietary sealer for permanent protection against
moisture and swelling. The type of sealant shall allow lifting and refitting without damage to
the joints.
The non-stick joint sealers shall be as indicated by the Manufacturer.
3.1.7 SKIRTING BOARD
The skirting board shall have a 0.3mm laminate. The substrate shall be HDF (or equivalent),
low-swelling to class E1. The typical size shall be 60mm X 19mm.
The board shall be secured using a proprietary base wall attachment profile.
3.1.8 SMOOTHING COMPOUND (ONLY WHERE INDICATED)
The smoothing compound shall be as indicated by the manufacturer. The use of latex
smoothing compounds are not permitted. The type of traffic shall be assumed as “Heavy”
with occasional narrow-wheel loads.
3.1.9 ACCESSORIES (WHERE INDICATED)
The system shall comprise a series of accessories as follows:
I.
II.
III.
IV.
V.
VI.
Laminate Skirting Board with base attachment profile;
Internal / External Skirting Corner pieces with ends;
Flooring End Profile
Flooring Transition Profile
Flooring Reducer profile;
Floor Laminate profile;
3.1.10 TOLERANCES
The applicable tolerance for joints, warping and openings shall be as indicated in the
manufacturer’s recommendations which however shall comply with the limits set by the EPLF
(European producers of Laminate Flooring) in the Code of Practice – Installation of Laminate
Flooring.
3.1.11 GUARANTEE
The installation shall be guaranteed against defects, including detachment, for minimum
period of sixty calendar months.
Page 45
3.2 SPECIFICATION FOR CARPET
3.2.1 SCOPE OF WORK
Work consists of the supply and installation of Carpet.
3.2.2 GENERAL
Tenderers shall submit with their offer, sample(s) of carpet, trimmings and edging as well as
detailed technical specifications pertaining including:
- Traffic wear lifetime
- Acoustic properties
- Flame spread properties
- Anti-static properties and values
- Method of construction of carpet
- Material of carpet
- Fixing system
3.2.3 SPECIFICATIONS
The Carpet shall have the following specifications:
-
Product definition: Tufted pile
-
Gauge of tufts:
1/10 “
-
Pile fibre:
100% polypropylene
-
Backing :
PA/PES non-woven
-
Total thickness:
6-7mm
-
Colour:
to be determined at a later stage
The carpeting shall include all trimmings and edgings, reducers, etc. for a complete installation.
The contractor is to be given great attention to end details by the good use of metal end strips.
It is to be noted that the performance, electrostatic properties, flame properties, colour fastness
properties of the carpet shall be assesses in line with the current and applicable DIN, ISO NEN,
IBM/ICL and BS standards to their equivalent EU standards.
The carpet shall be hardwearing and able to withstand a constant amount of traffic without loss
of carpet material and colour. The carpet should be of uniform colour throughout the thickness of
the material. The colour, shade and design of the carpet is to be decided solely by the architects.
3.2.4 GUARANTEE
The material and works shall be guaranteed against bad workmanship and defective material for
two years. Tenderers shall give details of the cleaning and maintenance they intend to carry out
during the guarantee period.
Page 46
APPENDIX A - PERFORMANCE CHARACTERISTICS
1– General Lecture Rooms and Circulation Areas
Surface Finish
Perforations
Thickness
NRC
Sound attenuation
Humidity resistance:
Light reflectance:
Fire EuroClass
Fine Texture
Micro
15mm min.
0.55
Dn,c,w 34dB
≥ 85%
≥ 80%.
A2-s1, d0
2 – Acoustics and Visuals Oriented Areas
The following provisions in addition
Surface Finish
Perforations
Thickness
NRC (ASTM 423)
Sound attenuation
Humidity resistance:
Light reflectance:
Fire EuroClass
to those applicable to General Classrooms shall apply:
Plain
None
19mm min.
0.70
Dn,c,w 38dB
≥ 85%
≥ 85%.
A2-s1, d0
3 – Clean Room Oriented Areas
Surface Finish
Perforations
Thickness
NRC (ASTM 423)
Sound attenuation
Humidity resistance:
Light reflectance:
Fire EuroClass
Clean Room (ISO 14644-1)
Cleanability (Mist Spray)
Proprietary Coating
None
15mm min.
0.55
Dn,c,w 34dB
≥ 85%
≥ 80%.
A2-s1, d0
Yes
Yes
3.3 SPECIFICATION FOR SUSPENDED CEILINGS WITH MINERAL FIBRE TILES
3.3.1 COMPLIANCE - SAMPLE SIZE AND FREQUENCY OF SAMPLING (WHERE APPLICABLE)
Where applicable sample size and frequency of sampling for compliance shall be established on
the basis of standard statistical guidelines.
3.3.2 COMPLIANCE – TESTING AND CERTIFICATION
Compliance shall be demonstrated through testing and/or certification of products and/or
processes as outlined in the ensuing clauses.
3.3.3 SUSPENDED CEILINGS – GENERAL
Suspended ceilings shall comply with EU Directive 89/106/EEC and carry the CE mark. Technical
Page 47
requirements shall be as indicated in EN 13964, Suspended Ceilings, Requirements and Test
Methods.
Unless indicated otherwise in the Drawings or BOQ, the suspended ceilings shall consist of
600mm x 600mm Mineral Fibre Tiles supported by exposed but recessed tee sections (Tegular
Type).
The metal fixing system shall be a framework grid of lightweight corrosion-resistant steel or
aluminium alloy. The framework, 24mm wide T-section flanges, shall be suspended or fixed to
the main structure.
3.3.4 SUBSTRUCTURE - DEFLECTION
The deflection Class shall be Class 1 as per EN 13964.
The system shall be capable of sustaining 2.5 times its dead weight.
Mineral fibre false ceilings shall be suspended by grid system of hot galvanized steel strips,
unalloyed steel DX51D+Z to EN 10142, other types of steel as specified in EN 13964 or aluminium
alloys to EN 573-3 having a yield (0.2%) of at least 160N/mm2.
The system shall be capable of sustaining its integrity and stability during normal internal wind
pressure loading.
Hangers shall be of the sliding/adjustable type, the two ends connected by a proprietary clip.
3.3.5 FIRE CLASSIFICATION
The system shall be rated in accordance with EN 13501-1.
3.3.6 CLASSES OF EXPOSURE
The system shall be classified as exposure Class C (EN 13964).
3.3.7 HYGIENE
The system shall be rated as asbestos-free.
The system shall be rated as Class E1 with respect to formaldehyde release.
3.3.8 COMPATIBILITY WITH ELECTRICAL INSTALLATION
The system shall have the capability of permitting electrical installation to Cenelec Standard HD
384.
3.3.9 CORROSION PROTECTION
The corrosion protection shall be that indicated in EN 13964 for exposure Class C.
Provision is to be made for linear expansion of the panel grid system.
Page 48
It is essential that the suspended ceiling should be constructed to reduce to a minimum transfer
of heat to any structural members above it. Therefore panels are to make close contact with the
ceiling grid and the integrity of the ceiling system is to be maintained at all points.
The size and positioning of the lighting units and ceiling fans which are to be accommodated
within the suspended ceiling will be indicated on the drawings and confirmed on site. The supply
and installation of these units will be done by others. However works are to include for cutting
and making access to lighting units and ceiling fans.
The system shall provide easy access to lighting and other services, such as Power and ICT cable
Air-conditioning ducts etc., and adequately restrict dust accumulation. Ceilings should be easy
to clean and have smooth and attractive finish.
Prior to all work described in this section the contractor carefully inspect the installed work for
all other trades and verify that all such work is complete to the point where the installation may
properly commence.
The suspended ceiling is to be installed in strict accordance with all pertinent codes and
regulations, the selected design, specifications, manufacturer’s recommendations and the
reference standards.
The Contractor shall ensure that all structural ceilings are clean and fit to receive the suspension
grid system and perimeter work. The Contractor shall check that any pre-fixed suspension points
are secure and correctly positioned.
3.3.10 PERFORMANCE CHARACTERISTICS
The performance characteristics shall comply with APPENDIX A.
3.3.11 SETTING OUT THE WORKS
3.3.11.1 The contractor shall set out work with the following objectives:-
to establish the correct ceiling level;
-
to establish panel centres and joint lines, etc; including the layout at obstructions and
irregular areas;
-
to avoid or minimise cutting in ceiling panels;
-
to agree the position of luminaires, service equipment, accessories and fittings that
affects the setting out;
-
to establish the location of all battens and other fixing points.
3.3.11.2 The Contractor shall install the ceiling system and securely fix all components and
comply with the following:-
erect the suspension system complete with hangers, primary grid and secondary grid;
-
provide additional suspension for luminaries, grilles, ducts and other equipment to be
supported, including span bars, etc. where necessary;
-
adapt the system for obstructions, bulkheads and sloping sections;
Page 49
-
fix all perimeter supports;
-
fix the ceiling panels including that provided by others;
-
fix perimeter and other trim;
-
check and adjust as necessary to the required level.
3.3.11.3 The Contractor shall protect the works during installation against any form of damage
or deterioration. Such protection shall include coverings, guard rails, or other appropriate
methods.
3.3.12 ALIGNMENT OF THE WORKS
The Contractor shall align the works continuously during installation using setting out stringing,
levelling and/or other appropriate controls.
The Contractor shall ensure that the support grid is aligned to the tolerances indicated by the
manufacturer.
3.3.13 APPENDIX A
PERFORMANCE CHARACTERISTICS
3.3.13.1
GENERAL CLASSROOMS AND CIRCULATION AREAS
Surface Finish Fine Texture
Colour
White similar to RAL 9010
Perforations
Micro
Thickness
15mm min.
NRC
0.55
Sound attenuation
Dn,c,w 34dB
Humidity resistance:≥ 85%
Light reflectance:
≥ 80%.
Fire EuroClass A2-s1, d0
3.3.14 ACOUSTICS AND VISUALS ORIENTED AREAS
The following provisions in addition to those applicable to General Classrooms shall apply:Surface Finish Plain
Colour
White similar to RAL 9010
Perforations
None
Thickness
19mm min.
Page 50
NRC (ASTM 423)
0.70
Sound attenuation
Dn,c,w 38dB
Humidity resistance:≥ 85%
Light reflectance:
≥ 85%.
Fire EuroClass A2-s1, d0
3.3.15 CLEAN ROOM ORIENTED AREAS
Surface Finish Proprietary Coating
Colour
White similar to RAL 9010
Perforations
None
Thickness
15mm min.
NRC (ASTM 423)
0.55
Sound attenuation
Dn,c,w 34dB
Humidity resistance:≥ 85%
Light reflectance:
≥ 80%.
Fire EuroClass A2-s1, d0
Clean Room (ISO 14644-1)
Yes
Cleanability (Mist Spray)
Yes
3.3.16 SERVICE LIFE
The manufacturer shall provide the following information:
Visible Surfaces:i.
Whether the surface is cleanable and the type of cleaning permitted.
ii.
Whether the surface is paintable and the effect of such paintability on the
performance of the system.
The manufacturer shall provide exhaustive maintenance documentation.
3.4 NON-LOADBEARING GYPSUM PLASTERBOARD WALLS
(PARTITIONS)
3.4.1 Compliance - Sample Size and Frequency of Sampling (Where Applicable)
Where applicable, sample size and frequency of sampling for compliance shall be established
Page 51
on the basis of standard statistical guidelines.
3.4.2 Compliance – Testing and Certification (Where Applicable)
Where applicable, compliance shall be demonstrated through testing and/or certification of
products and/or processes as outlined in the ensuing clauses.
3.4.3 Gypsum Plasterboard Walls - General
Gypsum plasterboard for walls shall comply with EU Directive 89/106/EEC as implemented by
the relevant decision.
General requirements, characteristics and test methods for gypsum plasterboard shall comply
with EN 520.
The gypsum plasterboards shall be installed in accordance with the recommendations of BS
5234, Parts 1 and 2, Code of practice for Internal Non-Loadbearing Partitions.
Additionally to the above, the Contractor shall abide fully with the manufacturer’s installation
guidelines and recommendations. A copy, in English, of these guidelines shall be submitted to
the Project Manager before the commencement of the installation.
3.4.4 Wall Grades – Category of Duty
The category of duty rating, as defined in accordance with the recommendations of BS 5234,
Parts 1 and 2, Code of practice for Internal Non-Load bearing Partitions, shall be Grade “Heavy
Duty”.
3.4.5 Gypsum Plasterboard – Metal Frame Support Sub-Structure
The support frame and channels shall be installed in accordance with the recommendations of
BS 5234, Parts 1 and 2, Code of practice for Internal Non-Load bearing Partitions and with the
manufacturer’s installation guidelines and recommendations.
The metal framing components shall comply with EN 14195.
The support frame shall comply with EN 10142 and EN 10143, Specification for continuously
hot-dip metal coated steel sheet and strip.
The frame channels and studs shall comply with BS 7364, Specification for galvanised steel
studs and channels for stud and sheet partitions and linings using screw-fixed gypsum
wallboards.
A timber sole plate may be required on uneven floors.
A damp proof membrane shall be installed along the full partition floor channel length.
For heights in excess of 8.5m extra deep flange channels shall be used at the base and head.
Page 52
3.4.6 Electrical Services (Where Indicated)
The installation of electrical services shall comply with BS 7671.
3.4.7 Ceramic Tiling
The system shall be capable of withstanding the application of ceramic tiling 12.5mm thick to
a minimum weight of 32kg/m2.
3.4.8 Prefabricated Gypsum Wallboard Panels (Where Indicated)
Prefabricated gypsum wallboard panels shall comply with prEN 13915, Prefabricated gypsum
wall panels.
3.4.9 Solid Wall Panels (Where Indicated)
Solid wall panels shall be manufactured from laminated panels bonded to a core board
complying with EN 520, General requirements, characteristics and test methods for gypsum
plasterboard.
3.4.10 Sealing
The system shall be sealed to prevent air paths using a proprietary sealant recommended by
the manufacturer.
3.4.11 Fire Protection
The plasterboard surfaces shall be rated as Class Euroclass A1 (EN 13501-1)
3.4.12 Sound Insulation
When rated in accordance with EN ISO 717-1, the wall shall have a sound insulation rating Rw
dB (Rw + Ctr) of 52 (47) when tested in accordance with BS EN ISO 140-3, unless indicated
otherwise in the Drawings.
Sound insulation material shall comply with EN 13162, Specification for Thermal Insulation
Products for Buildings, Factory made Mineral Wool (MW) Products. It shall be inorganic and
completely inert.
3.4.13 Deflection Limit
The limiting deflection of the system shall be L/240mm at 200Pa, where L is the height in mm.
Page 53
3.4.14 Preformed Cornices
Preformed plasterboard cornices shall comply with EN 14209.
3.4.15 National Green Public Procurement Regulations
These criteria are applicable to gypsum plasterboard wall panels defined as boards that are
used in vertical or angled placement in a building, where the panel itself is not load bearing
and its surface is not the final surface seen in the finished building, i.e. it will be plastered,
skimmed, painted, papered etc.
Paper used in the manufacture of gypsum panels must be either from:
1. 100% recycled wood/paper, and/or
2. Paper made of wood, wood fibres or wood particles stemming from legally harvested forests.
The gypsum content must be at least 2% recycled gypsum board (by weight, based on an annual
average, not including gypsum taken from FGD sites). Where higher percentages are possible
(on presentation of the approved certification) these should be selected in preference.
Information on wall panel covering materials, such as paint types, that will not hinder the
recycling or diversion of gypsum plasterboard at end-of-life must be made available.
PROOF : Products holding a relevant Type 1 Ecolabel fulfilling the listed criteria will be
deemed to comply. Other appropriate means of proof will also be accepted.
Appropriate and acceptable user information describing the handling, installation procedures,
surface treatment applications, recycling and/or disposal methods shall be provided with the
product or on the packaging or labels.
PROOF: Compliance with these requirements shall be demonstrated by providing examples of
labels, packaging and point of sale information. Other appropriate means of proof will also be
accepted.
The bidder must demonstrate that the contractor installing the wall panels has in place
effective policies and procedures to ensure that waste arising from the installation, i.e. off
cuts, trimming losses, damaged boards etc. is properly dealt with in a sustainable manner,
such as recovery, recycling or diverting from landfill where possible through an appropriate
collection scheme.
PROOF : Possible means of proof include EMAS and ISO 14001 certificates or equivalent
certificates issued by bodies conforming to Community law or the relevant European or
international standards concerning certification based on environmental management
standards. Other appropriate means of proof will also be accepted.
3.5 National Green Public Procurement Requirements
Page 54
3.5.1 General
Bidders must declare that the following materials/substances will not be used in the building:
1.
2.
Products which contain sulphur hexafluoride (SF6).
Indoor paints and varnishes1 with a content of solvents (volatile organic compounds
(VOCs) with a boiling point of 250°C maximum) higher than:
For wall paints (according to EN 13300): 30 g/l (minus water).
For other paints with a spreading rate of at least 15 m²/l at a hiding power of 98%
opacity: 250 g/l (minus water).
for all other products (including paints that are not wall paints and that have a spreading
rate of less than 15m2/l, varnishes, wood stains, floor coatings and floor. paints, and
related products): 180g/l (minus water).
3.5.2 Volatile Organic Compounds (VOC)
The VOC emissions from the building products used must not exceed the respective values
outlined in the European standard for the determination of emissions from building products EN
ISO 16000-9 to -11, or equivalent.
Page 55
VOLUME 4 – FINANCIAL BID
TENDER FOR CARPETING, PARQUET FLOORING AND
GYPSUM WORKS AT THE VALLETTA CAMPUS UNIVERSITY OF MALTA
BILL OF QUANTITIES
Page 56
Unit Rate (€)
Item
No.
Description
Bill A
Preliminaries
Qty
Total Cost (€)
(including
(including
VAT, Eco
VAT, Eco
Unit Contribution
Contribution
(if any) and all (if any) and all
other charges other charges
as may be
as may be
applicable)
applicable)
The road and yard cannot be blocked unless a
permit is granted by the Local Council and
University.
All materials to be used within this contract
are to be approved prior to delivery to site.
A1
A2
A3
A4
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.
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.
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.
1
LS
1
LS
1
LS
1
LS
Carried Forward
Page 57
Item
No.
Description
Qty
Unit
Unit Rate (€)
Total Cost (€)
(including
VAT, Eco
Contribution
(if any) and
all other
charges as
may be
applicable)
(including
VAT, Eco
Contribution
(if any) and
all other
charges as
may be
applicable)
Brought Forward
A5
A6
A7
A8
Bill A
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 areas pertaining to the site of
works at times deemed appropriate to keep
the areas in a clean and dust free
environment at all times
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
1
LS
1
LS
Total carried forward to Summary on Page 66
Page 58
Unit Rate (€)
Item
No.
Bill B
Description
Qty
Unit
Total (€)
(including VAT, (including VAT,
Eco
Eco
Contribution (if Contribution (if
any) and all
any) and all
other charges as other charges
may be
as may be
applicable)
applicable)
Carpeting and Parquet Flooring
(including Skirting)
The works consists of the laying of Carpet
and the laying of Parquet Flooring.
Works and Site shall be protected at all
times during works in progress.
B1
B2
Bill B
Sample and technical specifications to
be submitted with Tender.
Supply and lay heavy traffic, fire
retardant fitted Tufted pile Carpet, as
indicated in drawings. Preparation and
145.00
cleaning of base prior to laying to be
included.
Ref. to Drwg: 04
Supply and lay laminate parquet flooring
in corridor including underlay, edging
strips and other ancillary materials as per
specifications and as indicated in
drawings. The flooring must have a 110.00
durable protective layer able to withstand
pedestrian traffic within the University
environment.
Ref. to Drwg: 05
m2
m2
Total carried over to Summary on Page 66
NOTE: Colour of Carpet and Parquet flooring shall be decided at a later stage
Page 59
Unit Rate (€)
Item
No.
Bill C
Description
Qty
Unit
90.00
m2
Total (€)
(including
(including VAT,
VAT, Eco
Eco
Contribution Contribution (if
(if any) and all
any) and all
other charges
other charges
as may be
as may be
applicable)
applicable)
Gypsum Works
Any queries on the required specifications
and submitted rates must be clarified at
Tender Stage.
C1
C2
Supply, install and finish demountable 100
mm thick, gypsum partitioning system
30min Fire Rating including all studs,
channels and bottom sections, all angles
and all other ancillaries. Price inclusive of
internal lining for sound insulation. The
partition must include a suitable fill
material to render it sound proof up to a
level of 50dB. The contractor shall prepare
a mark on each respective partition skin
denoting the position of all M&E points and
services required to pass through the
boards. The whole system is inclusive of
all accessories including the infill gypsum
coating in order to obtain a smooth finish
ready for the direct application of paint.
Ref. to Drwg: 02
Supply and fix Bulkhead in plasterboard
sheets for Z-bulkheads. Price inclusive of
all access panels (1 in No. every 4 metres
run), all angle beads, recesses as per
drawing and finishing requirements for a
seamless appearance and all recess for
100.00
light fittings. To include also for stopping
up and sanding down leaving ready to
receive painted finish.
Measuring approximately 600mm x 500mm
(not rectangular)
LM
Ref. to Drwg: 05 Detail 1
C3
Extra over for supply and fix bulkhead in
plasterboard sheets for L-bulkheads. Price
inclusive of all access panels (1 in No.
every 4 metres run), all angle beads,
recesses as per drawing and finishing
requirements for a seamless appearance
and all recess for light fittings. To include
also for stopping up and sanding down
leaving ready to receive painted finish.
Measuring 450mm x 450mm.
65.00
m2
Ref. to Drwg: 05
Carried Forward
Page 60
Unit Rate (€)
Item
No.
Description
Qty
Unit
Total (€)
(including VAT, (including VAT,
Eco
Eco
Contribution (if Contribution (if
any) and all
any) and all
other charges
other charges
as may be
as may be
applicable)
applicable)
Brought Forward
C4
C5
Supply and install suspended flat ceiling
in 12.5mm plasterboard sheets as
indicated by architect. Price inclusive of
all access panels as necessary and
finishing requirements for a seamless 195.00
appearance and all recess for light
fittings and bulkheads.
Ref. to Drwg: 01
Prepare and rub down with sandpaper
and paint with one undercoat and two
coats of plastic emulsion paint to
plasterboard wall surfaces to a colour
chosen by the architect in charge. The
rate for painting internally shall include
supply, application and the need of
masking with tape to bring out a straight
line wherever there is a colour
differentiation. The name of the paint
supplier has to be included in the tender
documents.
200
m2
m2
Ref. to Drwg: 01 & 2
Bill C
Total carried over to Summary on Page 66
Page 61
Item
No.
Description
Bill D
Dayworks (Provisional)
Qty
Unit
Unit Rate (€)
Total (€)
(including VAT,
Eco Contribution
(if any) and all
other charges as
may be
applicable)
(including VAT,
Eco Contribution
(if any) and all
other charges as
may be
applicable)
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 62
Unit Rate (€)
Total (€)
(including VAT,
Eco
Contribution (if
any) and all
other charges
as may be
applicable)
(including VAT,
Eco
Contribution (if
any) and all
other charges as
may be
applicable)
Item
No.
Description
Qty
Unit
D1
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
1
lump
1,530.00
1,530.00
1
lump
2,970.00
2,970.00
1
lump
1,500.00
1,500.00
Materials
Provide a sum of €2,700.00 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 66
6,000.00
Page 63
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
GYPSUM INSTALLERS
CARPENTERS AND JOINERS
SEMI-SKILLED LABOURERS
PLASTERS
PAINTERS
Page 64
SCHEDULE OF RATES
2.
FOR PLANT USED ON DAYWORK
The Contractor shall insert below in respect of all items of Plant, which he considers may be required for
use on Daywork together with the appropriate "all inclusive" rate per hour that will apply up to the
expiration of the Defects Liability period.
.
LABOUR CATEGORY
WORKING DAY
HOURLY RATE
(€)
WORK BEYOND
WORKING DAY
HOURLY RATE
(€)
LORRY MOUNTED CRANE
COMPRESSORS
PNEUMATIC DRILLING
AND OTHER HAND TOOLS
Page 65
UM 1730 - TENDER FOR TILE CARPETING, PARQUET FLOORING AND GYPSUM
PARTITIONING FOR THE 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 – Carpeting & Parquet Flooring (including Skirting)
Bill C – Gypsum Works
Bill D – Dayworks (Provisional)
12,000.00
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 66
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)
01
15.05.2013
2.
Sectional Elevation and Plan
of Stairs
(Gypsum Partition)
02
15.05.2013
3.
Mezzanine Floor Plan
(Parquet Flooring Area)
03
15.05.2013
4.
Ground Floor Plan
(Carpeting Area)
04
15.05.2013
5.
Ground Floor Plan
(Gypsum/Bulkhead details)
05
15.05.2013
Page 67
Page 68
Page 69
Page 70
Page 71
Page 72