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 1807
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
UM1807
TENDER FOR THE SUPPLY, DELIVERY, INSTALLATION, TESTING AND
COMMISSIONING OF A VRF SYSTEM FOR THE ILWIEN CHILD CARE FACILITY
AT THE JUNIOR COLLEGE, UNIVERSITY OF MALTA.
Date Published:
22nd April 2014
Closing Date:
14th May 2014
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. General Instructions ........................................................................................................................... 4
2. Timetable ............................................................................................................................................. 4
3. Lots........................................................................................................................................................ 5
4. Financing .............................................................................................................................................. 5
5. Eligibility .............................................................................................................................................. 5
6. Selection Criteria................................................................................................................................ 5
7. Multiple Tenders ................................................................................................................................. 6
8. Tender Expenses ................................................................................................................................. 6
9. Site Inspection..................................................................................................................................... 6
B. TENDER DOCUMENTS.................................................................................... 6
10. Content of Tender Document ......................................................................................................... 6
11. Explanations/Clarification Notes Concerning Tender Documents ........................................... 7
12. Labour Law ........................................................................................................................................ 7
13. Law ...................................................................................................................................................... 7
C. TENDER PREPARATION ................................................................................. 7
14. Language of Tenders ........................................................................................................................ 7
15. Presentation of Tenders .................................................................................................................. 7
16. Content of Tender (Single-Envelope System) .............................................................................. 8
17. Tender Prices .................................................................................................................................... 9
18. Currencies of Tender and Payments ............................................................................................. 9
19. Period of Validity of Tenders ......................................................................................................... 9
20. Tender Guarantee (Bid Bond) ........................................................................................................ 9
21. Variant Solutions............................................................................................................................... 9
22. Preparation and Signing of Tenders ............................................................................................ 10
D. SUBMISSION OF TENDERS ............................................................................ 10
23. Sealing and Marking of Tenders ................................................................................................... 10
24. Extension of Deadline for Submission of Tenders ..................................................................... 10
25. Late Tenders ................................................................................................................................... 10
26. Alterations and Withdrawal of Tenders ..................................................................................... 10
E. OPENING AND EVALUATION OF OFFERS ........................................................... 11
27. Opening of Tenders ........................................................................................................................ 11
28. Secrecy of the Procedure .............................................................................................................. 11
29. Clarification of Tenders ................................................................................................................ 11
30. Tender Evaluation Process ............................................................................................................ 11
31. Correction of Arithmetical Errors ................................................................................................ 12
F. CONTRACT AWARD .................................................................................... 13
32. Criteria for Award .......................................................................................................................... 13
33. Right Of The University of Malta To Accept Or Reject Any Tender ...................................... 13
34. Notification of Award, Contract Clarifications ......................................................................... 13
35. Contract Signing and Performance Guarantee .......................................................................... 13
36. Commencement of Works (Order To Start Works) ................................................................... 14
G. MISCELLANEOUS ....................................................................................... 14
37. Ethics Clauses .................................................................................................................................. 14
38. Data Protection and Freedom of Information ........................................................................... 15
39. Gender Equality .............................................................................................................................. 15
VOLUME 1 SECTION 2 – TENDER FORM ................................................................ 16
VOLUME 1 SECTION 3 – TENDER GUARANTEE FORM – (Not Applicable for this tender)...... 19
Page 2
Annex To Tender Guarantee Form – Not Applicable for this tender............................................ 20
VOLUME 1 SECTION 4 - TENDERER’S STATEMENTS ................................................. 21
1. Statement on Conditions of Employment .................................................................................... 21
Statement no: 2 - List of Trained Personnel........................................................ 22
3. Literature/List of Samples .............................................................................................................. 23
VOLUME 1 SECTION 5 – GLOSSARY ..................................................................... 24
VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC PROCUREMENT REGULATIONS ....... 26
VOLUME 2 SECTION 1 – DRAFT LETTER OF ACCEPTANCE.......................................... 27
VOLUME 2 SECTION 2 – GENERAL CONDITIONS ...................................................... 28
VOLUME 2 SECTION 3 – SPECIAL CONDITIONS........................................................ 29
General: .................................................................................................... 29
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
2: Law and language of the contract ............................................................................... 29
3: Order of precedence of contract documents .................................................................. 29
4: Communications .................................................................................................... 29
7: Supply of Documents .............................................................................................. 29
8: Assistance with Local Regulations ............................................................................... 29
9: The Contractor’s Obligations ..................................................................................... 30
11: Performance Guarantee ......................................................................................... 30
12: Insurance ........................................................................................................... 30
13: Performance Programme (Timetable) ......................................................................... 30
14: Contractor’s Drawings............................................................................................ 30
15: Tender Prices ...................................................................................................... 31
17: Patents and Licences ............................................................................................. 31
18: Commencement Date ............................................................................................ 31
19: Period of Performance ........................................................................................... 31
21: Delays in Performance ........................................................................................... 31
22: Variations ........................................................................................................... 31
24: Quality of Supplies ................................................................................................ 32
25: Inspection and Testing ........................................................................................... 32
26: Payments: General Principles .................................................................................. 32
26: Pre-financing ...................................................................................................... 32
26: Retention Monies .................................................................................................. 32
28: Delayed Payments ................................................................................................ 32
30.6: Supervisor and Supervisor's representative ................................................................ 33
31: Provisional Acceptance .......................................................................................... 33
32: Warranty Obligations ............................................................................................. 33
40: Amicable dispute settlement ................................................................................... 33
41: Dispute Settlement by Litigation ............................................................................... 34
44: Checks and Audits ................................................................................................ 34
VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE .................................. 35
VOLUME 2 SECTION 5 – SPECIMEN PREFINANCING PAYMENT GUARANTEE – Not Applicable
for this tender ............................................................................................. 36
VOLUME 2 SECTION 6 – SPECIMEN RETENTION GUARANTEE – Not Applicable for this
Tender ...................................................................................................... 37
VOLUME 3 - TECHNICAL SPECIFICATIONS ............................................................. 38
VOLUME 4 - FINANCIAL BID.............................................................................. 55
VOLUME 5 – DRAWINGS .................................................................................. 65
List of drawings attached .................................................................................................................... 65
List of design documents available – Not Applicable ...................................................................... 66
~~~~~~~~~~~~~~~
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 University of Malta,
whatever his own corresponding conditions may be, which he hereby waives. Tenderers are
expected to examine carefully and comply with all instructions, forms, contract provisions and
specifications contained in this tender document.
No account can be taken of any reservation in the tender as regards the tender document; any
disagreement, contradiction, alteration or deviation shall lead to the tender offer not being
considered any further.
The Evaluation Committee shall, after having obtained approval by the Departmental Contracts
Committee, request rectifications in respect of incomplete/non-submitted information
pertinent to the documentation as outlined in sub-Clause 16.1(a), 16.1(b), and 16.1(c) of these
Instructions to Tenderers. Such rectification/s must be submitted within two (2) working days
from notification, and will be subject to a non-refundable administrative penalty of €50: failure
to comply shall result in the tender offer not being considered any further.
No rectification shall be allowed in respect of the documentation as outlined in sub-Clause
16.1(d), 16.1(e) and 16.1(f) of these Instructions to Tenderers. Only clarifications on the
submitted information in respect of the latter may be eventually requested.
1.2
This is a call for tenders for the supply, delivery, installation, testing and commissioning of a VRF
System for the Ilwien Child Care Facility at the Junior College, University of Malta.
1.3
This is a unit-price (Bill of Quantities) contract.
1.4
The tenderer will bear all costs associated with the preparation and submission of the tender. The
University of Malta will in no case be responsible or liable for such costs, whatever the conduct or
outcome of the procedure.
1.5
The University of Malta retains ownership of all tenders received under this tender procedure.
Consequently, tenderers have no right to have their tenders returned to them.
2. Timetable
DATE
Clarification Meeting/Site Visit
(Refer to Clause 9.2)
Deadline for request for any additional
information from the Contracting Authority
Last date on which additional information are
issued by the University of Malta
Deadline for submission of tenders /
Tender Opening Session
TIME*
Not Applicable
---------
Monday, 5th May 2014
5.15pm
Thursday, 8th May 2014
Wednesday, 14th May 2014
5.15pm
10:00am
(unless otherwise modified in terms of Clause 11.3)
* All times Central European Time (CET)
Page 4
3. Lots
3.1
This tender is not divided into lots, and tenders must be for the whole of quantities indicated.
Tenders will not be accepted for incomplete quantities.
4. Financing
4.1
The project is financed from local budget funds.
4.2
The beneficiary of the financing is the University of Malta.
5. Eligibility
5.1
Participation in tendering is open on equal terms to all natural and legal persons of the Member
States of the European Union, the beneficiary country, any other country in accordance with
Regulation 76 of the Public Procurement Regulations.
5.2
Natural persons, companies or undertakings who fall under any of the conditions set out in
Regulation 50 of the Public Procurement Regulations, 2010 (Legal Notice 296 of 2010) may be
excluded from participation in and the award of contracts. Tenderers or candidates who have been
guilty of making false declarations will also incur financial penalties representing 10% of the total
value of the contract being awarded.
5.3
Tenders submitted by companies forming a joint venture/consortium must also fulfil the following
requirements:
One partner must be appointed lead partner and that appointment confirmed by submission of
powers of attorney signed by legally empowered signatories representing all the individual
partners. The tender must include a preliminary agreement or letter of intent stating that all
partners assume joint and several liability for the execution of the contract, that the lead
partner is authorised to bind, and receive instructions for and on behalf of, all partners,
individually and collectively.
All partners in the joint venture/consortium are bound to remain in the joint
venture/consortium until the conclusion of the contracting procedure. The consortium/joint
venture winning this contract must include the same partners for the whole performance period
of the contract other than as may be permitted or required by law.
5.4
All materials, equipment and services to be supplied under the contract must originate in an
eligible country. For these purposes, "origin" means the place where the materials and/or
equipment are mined, grown, produced or manufactured and/or from which services are provided.
6. Selection Criteria
6.1
In order to be considered eligible for the award of the contract, tenderers must provide evidence
that they meet or exceed certain minimum qualification criteria described hereunder.
In the case of a joint venture, the joint venture as a whole must satisfy the minimum
qualifications required below.
6.1.1
No evidence of economic and financial standing is required.
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:
o
a list of trained staff on the equipment being proposed or alternatively submit a list of staff
Page 5
that will be trained on the equipment; (Volume 1, Section 4 – Statement 2);
o
copies of proper training certification or educational certification for the above, as
applicable.
Data concerning sub-contractors and the percentage of works to be sub-contracted:
The maximum amount of sub-contracting must not exceed 50% of the total contract value.
The main contractor must have the ability to carry out at least 50% of the contract works
by his own means.
7. Multiple Tenders
7.1
A tenderer may submit multiple tender offers.
7.2
A company may not tender for a given contract both individually and as a partner in a joint
venture/consortium.
7.3
A company may not tender for a given contract both individually/partner in a joint
venture/consortium, and at the same time be nominated as a sub-contractor by any another
tenderer, or joint venture/consortium.
7.4
A company may act as a sub-contractor for any number of tenderers, and joint ventures/consortia,
provided that it does not participate individually or as part of a joint venture/consortium, and that
the nominations do not lead to a conflict of interest, collusion, or improper practice.
8. Tender Expenses
8.1
The tenderer will bear all costs associated with the preparation and submission of the tender.
8.2
The University of Malta will neither be responsible for, nor cover, any expenses or losses incurred
by the tenderer through site visits and inspections or any other aspect of his tender.
9. Site Inspection
9.1
A tenderer may visit the site of the works and its surroundings for the purpose of assessing, at his
own responsibility, expense and risk, factors necessary for the preparation of his tender and the
signing of the contract for the works.
B. TENDER DOCUMENTS
10. Content of Tender Document
10.1
The set of tender documents comprises the following documents and should be read in conjunction
with any clarification notes issued in accordance with Clause 24:
Volume 1
Volume 2
Volume 3
Volume 4
Volume 5
10.2
Instructions to Tenderers
Draft Letter of Acceptance
General Conditions (available online
www.contracts.gov.mt/conditions)
Special Conditions
Technical Specifications
Model Financial Bid/Bill of Quantities
Drawings
from
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.
Page 6
10.3
The tenderer must provide all documents required by the provisions of the tender document. All
such documents, without exception, must comply strictly with these conditions and provisions and
contain no alterations made by the tenderer.
11. Explanations/Clarification Notes Concerning Tender Documents
11.1
Tenderers may submit questions in writing to the University of Malta through:
sending an email to tenders.procurement@um.edu.mt
through www.um.edu.mt/procurement/contact
fax number +356 21314307
up to 9 calendar days before the deadline for submission of tenders, that is up to Monday 5th May
2014. The University of Malta must reply to all tenderers' questions, and amend the tender
documents by publishing clarification notes, up to at least 6 calendar days before the deadline for
submission of tenders.
11.2
Questions and answers, and alterations to the tender document will be:published as a clarification note on the website of the University of Malta
(www.um.edu.mt/procurement/service/tender) within the respective tender’s page,
under the subheading “Tender Document & Clarifications (if any)”.
sent to all prospective bidders by e-mail.
Tenderers who do not collect a hard copy from the Procurement Directorate are to register
their respective contact details at tenders.procurement@um.edu.mt so that any
clarifications/communications pertaining to this tender procedure will be communicated
to them in due time as per tender document. The University of Malta shall not be held
responsible for any misdemeanour if this condition is not adhered to.
Clarification notes will constitute an integral part of the tender documentation, and it is the
responsibility of tenderers to visit this website and be aware of the latest information published
online prior to submitting their Tender.
11.3
The University of Malta may, at its own discretion, as necessary and in accordance with Clause 24,
extend the deadline for submission of tenders to give tenderers sufficient time to take clarification
notes into account when preparing their tenders.
12. Labour Law
12.1
Particular attention is drawn to the conditions concerning the employment of labour in Malta and
the obligation to comply with all regulations, rules or instructions concerning the conditions of
employment of any class of employee.
13. Law
13.1
By submitting their tenders, tenderers are accepting that this procedure is regulated by Maltese
Law, and are deemed to know all relevant laws, acts and regulations of Malta that may in any way
affect or govern the operations and activities covered by the tender and the resulting contract.
C. TENDER PREPARATION
14. Language of Tenders
14.1
The tender and all correspondence and documents related to the tender exchanged by the
tenderer and the University of Malta must be written in English.
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
Page 7
(c)
(d)
the bid can be identified as one tender submission.
All tenders must be received by date and time indicated in the timetable at Clause
2 and deposited in the tender box at Room 323, Procurement Directorate,
Administration Building, University of Malta, Msida MSD 2080, Malta.
All packages, as per (b) above, must bear only:
(i)
the above address;
(ii)
the reference of the invitation to tender concerned;
(iii)
the number of the lot(s) to which the tender refers (if applicable);
(iv)
the name of the tenderer.
16. Content of Tender (Single-Envelope System)
16.1
The tender must comprise the following duly completed documents, inserted in a single, sealed
envelope (unless their volume requires a separate submission):
(a)
An original bid-bond for the amount of [€...........], in the form provided in Volume
NOT APPLICABLE FOR THIS TENDER
1, Section 3(Note 1)
(b)
General/Administrative Information(Note 2)
(i)
(ii)
Proof of Purchase of tender document (receipt) – (If applicable)
Statement on Conditions of Employment (Volume 1, Section 4)
Selection Criteria
(c)
Financial and Economic Standing(Note 2)
(Not Applicable)
(d)
Technical Capacity(Note 3)
(i)
(e)
Evaluation Criteria/Technical Specifications(Note 3)
(i)
(ii)
(f)
Proof of Technical Capacity (Volume 1, Section 4)
Tenderer’s Technical Offer in response to specifications (Volume 3)
Literature/List of Samples
Financial Offer/Bill of Quantities(Note 3)
(i)
(ii)
(iii)
The Tender Form in accordance with the form provided in Volume 1,
Section 2; a separate Tender Form is to be submitted for each option
tendered, each form clearly marked ‘Option 1’, ‘Option 2’ etc.;
A financial bid calculated on a basis of Delivery Duty Paid (DPP) for the
works/supplies tendered including VAT;
Breakdown of the overall price, in the form provided in Volume 4 (Bill of
Quantities);
Notes to Clause 16.1:
1. Tenderers will be requested to clarify/rectify, within two working days from notification,
the tender guarantee only in the following two circumstances: either incorrect validity
date, and/or incorrect value.
2. Tenderers will be requested to either clarify/rectify any incorrect and/or incomplete
documentation, and/or submit any missing documents within two working days from
notification.
3. No rectification shall be allowed. Only clarifications on the submitted information may be
requested.
Tenderers must indicate where the above documentation is to be found in their offer by using
an index. All documentation is to be securely bound/filed.
Tenderers are NOT required NOR expected to submit, with their offer, any components of the
tender document except those specifically mentioned in Clause 16.
Page 8
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
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.
Page 9
22. Preparation and Signing of Tenders
22.1
All tenders must be submitted in one original document. Tenders must comprise the documents
specified in Clause 16 above.
22.2
The tenderer’s submission must be typed in, or handwritten in indelible ink. Any pages on which
entries or corrections to his submission have been made must be initialled by the person or persons
signing the tender. All pages must be numbered consecutively by hand, machine or in any other
way acceptable to the University of Malta.
22.3
The tender must contain no changes or alterations, other than those made in accordance with
instructions issued by the University of Malta (issued as clarification notes) or necessitated by
errors on the part of the tenderer. In the latter case, corrections must be initialled by the person
signing the tender.
22.4
The tender will be rejected if it contains any alteration, tampering, addition or deletion to the
tender documents not specified in a clarification note issued by the University of Malta.
D. SUBMISSION OF TENDERS
23. Sealing and Marking of Tenders
23.1
The tenders must be submitted in English and deposited in the Department’s tender box before the
deadline specified in Clause 2 or as otherwise specified in accordance with Clause 11.1 and/or 24.1.
They must be submitted:
EITHER by recorded delivery (official postal/courier service) or hand delivered to:
Procurement Directorate, Room 323
2nd Floor, Administration Building
University of Malta – Msida MSD 2080
Tel: 23402212/3; Fax: 21314307
Tenders submitted by any other means will not be considered.
23.2
Tenderers must seal the original tender as outlined in Clause 15.
23.3
If the outer envelope is not sealed and marked as required in Sub clause 15.1, the University of
Malta will assume no responsibility for the misplacement or premature opening of the tender.
24. Extension of Deadline for Submission of Tenders
24.1
The University of Malta may, at its own discretion, extend the deadline for submission of tenders by
issuing a clarification note in accordance with Clause 11. In such cases, all rights and obligations of
the University of Malta and the tenderer regarding the original date specified in the contract notice
will be subject to the new date.
25. Late Tenders
25.1
All tenders received after the deadline for submission specified in the contract notice or these
instructions will be kept by the University of Malta. The associated guarantees will be returned to
the tenderers.
25.2
No liability can be accepted for late delivery of tenders. Late tenders will be rejected and will not
be evaluated.
26. Alterations and Withdrawal of Tenders
26.1
Tenderers may alter or withdraw their tenders by written notification prior to the above deadline.
No tender may be altered after the deadline for submission.
Page 10
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.
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
Page 11
Committee, request rectifications in respect of incomplete/non-submitted information pertinent to
the documentation as outlined in sub-Clause 16.1(a), 16.1(b), and 16.1(c) of these Instructions to
Tenderers. Such rectification/s must be submitted within two (2) working days from notification,
and will be subject to a non-refundable administrative penalty of €50: failure to comply shall result
in the tender offer not being considered any further. No rectification shall be allowed in respect of
the documentation as outlined in sub-Clause 16.1 (d), 16.1(e), and 16.1(f) of these Instructions to
Tenderers. Only clarifications on the submitted information in respect of the latter may be
eventually requested.
30.3
Part 2: Eligibility and Selection Compliance
Tenders which have been considered administratively compliant shall be evaluated for admissibility
as outlined below:
(i) Eligibility Criteria
Tender Form (Volume 1, Section 2)
(ii) Selection Criteria
Evidence of technical capacity
30.4
Part 3: Technical Compliance
At this step of the evaluation process, the Evaluation Committee will analyse the administrativelycompliant tenders’ technical conformity in relation to the technical specifications (Volume 3, and
the documentation requested by the Contracting Authority as per sub-Clause 16(e)), classifying
them technically compliant or non-compliant.
30.5
Part 4. Financial Evaluation
The financial offers for tenders which were not eliminated during the technical evaluation (i.e.,
those found to be technically compliant) will be evaluated.
The Evaluation Committee will check that the financial offers contain no arithmetical errors as
outlined in Clause 31. [If the tender procedure contains several lots, financial offers are compared
for each lot.] The financial evaluation will have to identify the best financial offer [for each lot].
31. Correction of Arithmetical Errors
31.1
Admissible tenders will be checked for arithmetical errors by the Evaluation Committee. Errors will
be corrected as follows:
(a) where there is a discrepancy between amounts in figures and in words, the amount in words
will prevail;
(b) where there is a discrepancy between a unit price and the total amount derived from the
multiplication of the unit price and the quantity, the unit price as quoted will prevail.
31.2
The amount stated in the tender will be adjusted by the Evaluation Committee in the event of
error, and the tenderer will be bound by that adjusted amount. In this regard, the Evaluation
Committee shall seek the prior approval of the Departmental Contracts Committee to communicate
the revised price to the tenderer. If the tenderer does not accept the adjustment, his tender will
be rejected and his tender guarantee forfeited.
31.3
When analysing the tender, the evaluation committee will determine the final tender price after
adjusting it on the basis of Clause 31.1.
Page 12
F. CONTRACT AWARD
32. Criteria for Award
32.1
The sole award criterion will be the price. The contract will be awarded to the cheapest priced
tender satisfying the administrative and technical criteria.
33. Right Of The University of Malta To Accept Or Reject Any Tender
33.1
The University of Malta reserves the right to accept or reject any tender and/or to cancel the
whole tender procedure and reject all tenders. The University of Malta reserves the right to initiate
a new invitation to tender.
33.2
The University of Malta reserves the right to conclude the contract with the successful tenderer
within the limits of the funds available. It can decide to reduce the scope of works or to ask for a
discount from the cheapest compliant tenderer.
33.3
In the event of a tender procedure's cancellation, tenderers will be notified by the University of
Malta. If the tender procedure is cancelled before the outer envelope of any tender has been
opened, the sealed envelopes will be returned, unopened, to the tenderers.
33.4
Cancellation may occur where:
(a) the tender procedure has been unsuccessful, namely where no qualitatively or financially
worthwhile tender has been received or there has been no response at all;
(b) the economic or technical parameters of the project have been fundamentally altered;
(c) exceptional circumstances or force majeure render normal performance of the project
impossible;
(d) all technically compliant tenders exceed the financial resources available;
(e) there have been irregularities in the procedure, in particular where these have prevented
fair competition.
In no circumstances will the University of Malta be liable for damages, whatever their nature
(in particular damages for loss of profits) or relationship to the cancellation of a tender, even if
the University of Malta has been advised of the possibility of damages. The publication of a
contract notice does not commit the University of Malta to implement the programme or
project announced.
34. Notification of Award, Contract Clarifications
34.1
Prior to the expiration of the period of validity of tenders, the University of Malta will notify the
successful tenderer, in writing, that his tender has been recommended for award by the
Departmental Contracts Committee, pending any appeal being lodged in terms of Part XIII of the
Public Procurement Regulations (being reproduced in Volume 1, Section 6).
34.2
Unsuccessful bidders shall be notified with the outcome of the evaluation process, and will be
provided the following information:
(i) the criteria for award;
(ii) the name of the successful tenderer;
(iii) the recommended price of the successful bidder;
(iv) the reasons why the tenderer did not meet the technical specifications/notification that the
offer was not the cheapest (if applicable);
(v) the deadline for filing a notice of objection (appeal);
(vi) the deposit required if lodging an appeal.
34.3
The recommendations of the Evaluation Committee and the Department Contracts Committee shall
be published on the Notice Board of the University of Malta, Procurement Directorate,
Administration Building, 2nd Floor, and published online on the University of Malta’s website,
www.um.edu.mt/procurement/service/tender under the respective tender page.
35. Contract Signing and Performance Guarantee
35.1
After the lapse of the appeals period, and pending that no objections have been received and/or
upheld, the successful tenderer may be invited to clarify certain contractual questions raised
therein. Such clarification will be confined to issues that had no direct bearing on the choice of the
successful tender. The outcome of any such clarifications will be set out in a Memorandum of
Page 13
Understanding, to be signed by both parties and incorporated into the letter of acceptance.
35.2
Within 7 calendar days of receiving the letter of acceptance (against acknowledgment of receipt)
from the University of Malta, the successful tenderer will sign a copy of the Letter of Acceptance
and date the Letter of Acceptance and return it to the University of Malta with the performance
guarantee and the Financial Identification Form (if applicable).
35.3
Before the University of Malta sends the Letter of Acceptance to the successful tenderer, the
successful tenderer may be requested to provide the documentary proof or statements required to
show that it does not fall into any of the exclusion situations listed in Clause 7 of the Tender Form
(Volume 1, Section 2). The above mentioned documents must be submitted by every member of a
Joint Venture/Consortium (if applicable).
35.4
If the selected tenderer fails to sign and return the copy of the Letter of Acceptance, other
required documentation, and any guarantees required within the prescribed 7 calendar days, the
University of Malta may consider the acceptance of the tender to be cancelled without prejudice to
the University of Malta's right to seize the guarantee, claim compensation or pursue any other
remedy in respect of such failure, and the successful tenderer will have no claim whatsoever on the
University of Malta.
The tenderer whose tender has been evaluated as [second cheapest/second most economically
advantageous] may be recommended for award, and so on and so forth.
35.5
Only the signed Letter of Acceptance will constitute an official commitment on the part of the
University of Malta, and activities may not begin until the contract has been signed both by the
University of Malta and the successful tenderer.
35.6
Tender guarantees (bid bonds) provided by tenderers who have not been selected shall be released
within 30 calendar days from the signing of the contract. The tender guarantee of the successful
tenderer shall be released on the signing of the contract, and on submission of a valid performance
guarantee.
35.7
The performance guarantee referred to in the General Conditions is set at 10% of the amount of the
contract and must be presented in the form specified in Volume 2, Section 4, to the tender
document the performance guarantee shall be released within 30 days of the signing of the Final
Statement of Account (Final Bill), unless the Special Conditions provide otherwise.
36. Commencement of Works (Order To Start Works)
36.1
Following the signing of the contract by both parties, the Supervisor will issue a written notice of
commencement of the works in accordance with the General Conditions, as specified by the Special
Conditions.
36.2
The Contractor must inform the University of Malta's representative by return that he has received
the notice.
G. MISCELLANEOUS
37. Ethics Clauses
37.1
Any attempt by a candidate or tenderer to obtain confidential information, enter into unlawful
agreements with competitors or influence the committee or the University of Malta during the
process of examining, clarifying, evaluating and comparing tenders will lead to the rejection of his
candidacy or tender and may result in administrative penalties.
37.2
Without the University of Malta's prior written authorisation, the Contractor and his staff or any
other company with which the Contractor is associated or linked may not, even on an ancillary or
sub-contracting basis, supply other services, carry out works or supply equipment for the project.
This prohibition also applies to any other programmes or projects that could, owing to the nature of
the contract, give rise to a conflict of interest on the part of the Contractor.
37.3
When putting forward a candidacy or tender, the candidate or tenderer must declare that he is
affected by no potential conflict of interest, and that he has no particular link with other tenderers
or parties involved in the project.
Page 14
37.4
The Contractor must at all time act impartially and as a faithful adviser in accordance with the
code of conduct of his profession. He must refrain from making public statements about the project
or services without the Contracting Authority's prior approval. He may not commit the Contracting
Authority in any way without its prior written consent.
37.5
For the duration of the contract, the Contractor and his staff must respect human rights and
undertake not to offend the political, cultural and religious morals of Malta.
37.6
The Contractor may accept no payment connected with the contract other than that provided for
therein. The Contractor and his staff must not exercise any activity or receive any advantage
inconsistent with their obligations to the Contracting Authority.
37.7
The Contractor and his staff are obliged to maintain professional secrecy for the entire duration of
the contract and after its completion. All reports and documents drawn up or received by the
Contractor are confidential.
37.8
The contract governs the Parties' use of all reports and documents drawn up, received or presented
by them during the execution of the contract.
37.9
The Contractor shall refrain from any relationship likely to compromise his independence or that of
his staff. If the Contractor ceases to be independent, the University of Malta may, regardless of
injury, terminate the contract without further notice and without the Contractor having any claim
to compensation.
37.10
The tender(s) concerned will be rejected or the contract terminated if it emerges that the award or
execution of a contract has given rise to unusual commercial expenses. Such unusual commercial
expenses are commissions not mentioned in the main contract or not stemming from a properly
concluded contract referring to the main contract, commissions not paid in return for any actual
and legitimate service, commissions remitted to a tax haven, commissions paid to a recipient who
is not clearly identified or commissions paid to a company which has every appearance of being a
front company.
38. Data Protection and Freedom of Information
38.1
Any personal data submitted in the framework of the procurement procedure and/or subsequently
included in the contract shall be processed pursuant to the Data Protection Act (2001). It shall be
processed solely for the purposes of the performance, management and follow-up of the
procurement procedure and/or subsequent contract by the University of Malta/Contracting
Authority without prejudice to possible transmission to the bodies charged with a monitoring or
inspection task in conformity with National and/or Community law.
38.2
The provisions of this contract are without prejudice to the obligations of the University of Malta in
terms of the Freedom of Information Act (Cap. 496 of the Laws of Malta). The University of Malta,
prior to disclosure of any information to a third party in relations to any provisions of this contract
which have not yet been made public, shall consult the contractor in accordance with the
provisions of the said Act, pertinent subsidiary legislation and the Code of Practice issued pursuant
to the Act. Such consultation shall in no way prejudice the obligations of the University of Malta in
terms of the Act.
39. Gender Equality
39.1
In carrying out his/her obligations in pursuance of this contract, the tenderer shall ensure the
application of the principle of gender equality and shall thus ’inter alia’ refrain from discriminating
on the grounds of gender, marital status or family responsibilities. Tenderers are to ensure that
these principles are manifest in the organigram of the company where the principles
aforementioned, including the selection criteria for access to all jobs or posts, at all levels of the
occupation hierarchy are amply proven. In this document words importing one gender shall also
include the other gender.
Page 15
VOLUME 1 SECTION 2 – TENDER FORM
(A separate, distinct Tender Form must be submitted for EACH OPTION – if applicable - submitted)
< TENDER FOR THE SUPPLY, DELIVERY, INSTALLATION, TESTING AND COMMISSIONING OF A VRF SYSTEM
FOR THE ILWIEN CHILD CARE FACILITY AT THE JUNIOR COLLEGE, UNIVERSITY OF MALTA. > <UM1807>
A. TENDER
SUBMITTED BY:
(This will be included in the Summary of Tenders Received)
In case of a Joint Venture/Consortium:
Name(s) of Leader/Partner(s)
Leader 1
Partner
Nationality
Proportion
of
Responsibilities2
1
Etc …
1. Add/delete additional lines for partners as appropriate. Note that a sub-contractor is not considered to be a partner for the purposes
of this tender procedure. If this tender is being submitted by an individual tenderer, the name of the tenderer should be entered as
'leader' (and all other lines should be deleted)
2. Proposed proportion of responsibilities between partners (in %) with indication of the type of the works to be performed by each
partner (the company acting as the lead partner in a joint venture/consortium, they must have the ability to carry out at least 50% of
the contract works by its own means. If a company is another partner in a joint venture/consortium (i.e. not the lead partner) it must
have the ability to carry out at least 10% of the contract works by its own means).
Work intended to be subcontracted
Name and details of
sub-contractors
Value of subcontracting as
percentage of the
total cost 3
Experience in
similar works
(details to be
specified)
1
2
(.)
3. The maximum amount of sub-contracting must not exceed [50%] of the total contract value. The main contractor must have the
ability to carry out at least [50%] of the contract works by his own means.
NOTE TO COMPILER: THIS SECTION IS TO BE REMOVED/MARKED NOT APPLICABLE IF NO SUB-CONTRACTING IS ALLOWED. LIAISE WITH DOC
B
CONTACT PERSON (for this tender)
Name
Surname
Telephone
(____) ________________________
Fax
(____) ________________________
Address
...............................................................................................................
...............................................................................................................
...............................................................................................................
E-mail
Page 16
C
TENDERER'S DECLARATION(S)
To be completed and signed by the tenderer (including each partner in a consortium).
In response to your letter of invitation to tender for the above contract, we, the undersigned, hereby
declare that:
1
We have examined, and accept in full and in its entirety, the content of this tender document
(including subsequent Clarifications Notes issued by the University of Malta) for invitation to tender No
UM1807 of [22/04/2014]. 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 1: Preliminaries
Bill 2: Air Conditioning
Bill 3: Electrical Installation
3
The Grand Total Price of our tender (inclusive of duties, VAT, other taxes/charges, Eco-Contribution (if
any) and any discounts) is:
Bill 1 to Bill 3: Grand Total: …………………………………………… (from the Grand Summary on page 64 of this
document)
4
This tender is valid for a period of 150 days from the final date for submission of tenders.
5
If our tender is accepted, we undertake to provide a performance guarantee of 10% of the contract
value as required by the General Conditions.
6
We are making this application in our own right and [as partner in the consortium led by < name of
the leader / ourselves >] for this tender. We confirm that we are not tendering for the same contract
in any other form. [We confirm, as a partner in the consortium, that all partners are jointly and
severally liable by law for the performance of the contract, that the lead partner is authorised to bind,
and receive instructions for and on behalf of, each member, and that all partners in the joint
venture/consortium are bound to remain in the joint venture/consortium for the entire period of the
contract's performance]. We are fully aware that, in the case of a consortium, the composition of the
consortium cannot be modified in the course of the tender procedure.
7
We are not bankrupt or under an administration appointed by the Court, or under proceedings leading
to a declaration of bankruptcy. We also declare that we have not been convicted criminally, or found
guilty of professional misconduct. Furthermore, we are up-to-date in the payment of social security
contributions and other taxes.
8
We accept that we shall be excluded from participation in the award of this tender if compliance
certificates in respect of declarations made under Clause 7 of this declaration are not submitted by the
indicated dates.
9
We agree to abide by the ethics clauses of the instructions to tenderers and, in particular, have no
potential conflict of interests or any relation with other candidates or other parties in the tender
procedure at the time of the submission of this application. We have no interest of any nature
whatsoever in any other tender in this procedure. We recognise that our tender may be excluded if we
propose key experts who have been involved in preparing this project or engage such personnel as
advisers in the preparation of our tender.
10
We will inform the University of Malta immediately if there is any change in the above circumstances
at any stage during the implementation of the contract. We also fully recognise and accept that any
false, inaccurate or incomplete information deliberately provided in this application may result in our
exclusion from this and other contracts funded by the Government of Malta and the European
Communities.
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)
o Bid Bond (not applicable)
Page 17
(b)
(c)
(d)
(e)
General Information (Note 2)
o Proof of Purchase (Receipt) – Not Applicable for this tender
o Statement on Conditions of Employment
Selection Criteria (Note 2)
Financial and Economic Standing (Note 2)
o Not applicable
Technical Capacity (Note 3)
● Proof of Technical Capacity
Evaluation Criteria/Technical Specifications (Note 3)
● Tenderer’s Technical Offer
● Literature /List of Samples
(f)
Tender Form, and Financial Offer/Bill of Quantities (Note 3)
Notes:
1.
2.
3.
Tenderers will be requested to clarify/rectify, within two working days from
notification, the tender guarantee only in the following two circumstances:
either incorrect validity date, and/or incorrect value. This is indicated by the
symbol ○
Tenderers will be requested to either clarify/rectify any incorrect and/or
incomplete documentation, and/or submit any missing documents within two
working days from notification. This is indicated by the symbol ○
No rectification shall be allowed. Only clarifications on the submitted
information may be requested. This is indicated by the symbol ●
12
I acknowledge that the University of Malta and/or Contracting Authority shall request rectifications in
respect of incomplete/non-submitted information pertinent to the documentation listed in Clause
11(a), 11(b), and 11(c) of this Tender Form. We understand that such rectification/s must be
submitted within two (2) working days, and will be subject to a non-refundable administrative penalty
of €50, and that failure to comply shall result in our offer not being considered any further.
13
We note that the University of Malta is not bound to proceed with this invitation to tender and that it
reserves the right to cancel or award only part of the contract. It will incur no liability towards us
should it do so.
Name and Surname:
_________________________________________
I.D. / Passport Number:
_________________________________________
Signature of tenderer:
_________________________________________
Duly authorised to sign this
tender on behalf of:
_________________________________________
Company/Lead Partner VAT No:
(if applicable)
_________________________________________
Stamp of the firm/company:
_________________________________________
Place and date:
_________________________________________
Page 18
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 19
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 20
VOLUME 1 SECTION 4 - TENDERER’S STATEMENTS
1. Statement on Conditions of Employment
Tenderers are to ensure that self-employed personnel are not engaged on this contract.
Non-compliance will invalidate the contract.
It is hereby declared that all employees engaged on this contract shall enjoy working conditions such as
wages, salaries, vacation and sick leave, maternity and parental leave as provided for in the relative
Employment Legislation. Furthermore, we shall comply with Chapter 424 of the Laws of Malta (Occupational
Health and Safety Authority Act) as well as any other national legislation, regulations, standards and/or
codes of practice or any amendment thereto in effect during the execution of the contract.
In the event that it is proved otherwise during the execution of the contract it is hereby being consented that
the contract is terminated with immediate effect and that no claim for damages or compensation be raised
by us.
Signature:
.............................................................
(the person or persons authorised to sign on behalf of the tenderer)
Date:
.............................................................
Page 21
Statement no: 2 - List of Trained Personnel
Publication reference: UM 1807
In line with Article 6.1.2 of the Instructions to Tenderers, please indicate the personnel trained on the equipment being proposed.
Name and Surname
Signature:
Designation
Qualifications
.............................................................
(the person or persons authorised to sign on behalf of the tenderer)
Date:
.............................................................
Page 22
3. Literature/List of Samples
1. List of literature to be submitted with the tender:
Item
Description
1.1
Literature of the Installation proposed
Reference in Technical
Specifications
Please refer to Technical
Specifications in Volume 3
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
2. List of samples to be submitted within (two) 2 days of being notified to do so: NOT APPLICABLE
Item
Description
Reference in Technical
Specifications
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
Signature:
....................................................................
(the person or persons authorised to sign on behalf of the tenderer)
Date:
....................................................................
Page 23
VOLUME 1 SECTION 5 – GLOSSARY
Definitions
Note: the present definitions are given here for convenience only, in the context of the tender
procedure. The definitions set out in the contract as concluded are determining for the relations
between the parties to the contract.
Administrative order: Any instruction or order issued by the Engineer to the Contractor in writing
regarding the execution of the works.
Breakdown of the overall price: A heading-by-heading list of the rates and costs making up the price for
a lump sum contract.
University of Malta: means the Department of Contracts
Contracting Authority: means the final beneficiary
Conflict of interest: Any event influencing the capacity of a candidate, tenderer or supplier to give an
objective and impartial professional opinion, or preventing him, at any moment, from giving priority to
the interests of the University of Malta and the Contracting Authority. Any consideration relating to
possible contracts in the future or conflict with other commitments, past or present, of a candidate,
tenderer or supplier, or any conflict with his own interests. These restrictions also apply to subcontractors and employees of the candidate, tenderer or supplier.
Contract value: The total value of the contract to be paid by the Contracting Authority in terms of the
agreed terms and conditions.
Contractor: The successful tenderer, once all parties have signed the contract.
Day: Calendar day.
Dayworks: Varied work inputs subject to payment on an hourly basis for the Contractor's employees and
plant.
Defects Notification Period: The period stated in the contract immediately following the date of
provisional acceptance, during which the Contractor is required to complete the works and to remedy
defects or faults as instructed by the Engineer.
Drawings: Drawings provided by the Contracting Authority and/or the Engineer, and/or drawings provided
by the Contractor and approved by the Engineer, for the carrying out of the works.
Engineer's representative: Any natural or legal person, designated by the Engineer as such under the
contract, and empowered to represent the Engineer in the performance of his functions, and in exercising
such rights and/or powers as have been delegated to him. In this case, references to the Engineer will
include his representative.
Equipment: Machinery, apparatus, components and any other articles intended for use in the works
Evaluation committee: a committee made up of an odd number of voting members (at least three)
appointed by the University of Malta and possessing the technical, linguistic and administrative capacities
necessary to give an informed opinion on tenders.
Final acceptance certificate: Certificate(s) issued by the Engineer to the Contractor at the end of the
defects notification period stating that the Contractor has completed his obligations to construct,
complete, and maintain the works concerned.
Final Beneficiary: The Department/Entity or other government body on whose behalf the Department of
Contracts has issued this tender.
Foreign currency: Any currency permissible under the applicable provisions and regulations other than
the Euro, which has been indicated in the tender.
Page 24
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 25
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 26
VOLUME 2
VOLUME 2 SECTION 1 – DRAFT LETTER OF ACCEPTANCE
Our Ref: EB/eb/_______
[……………………………………..]
[……………………………………..]
[……………………………………..]
[……………………………………..]
[……………………………………..]
Attn [……………………………………..] [……………………………………..]
Dear Sirs,
UM/1807 -
TENDER FOR THE SUPPLY, DELIVERY, INSTALLATION, TESTING AND COMMISSIONING OF A
VRF SYSTEM FOR THE ILWIEN CHILD CARE FACILITY AT THE JUNIOR COLLEGE,
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
[……………………………………..] 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 27
VOLUME 2 SECTION 2 – GENERAL CONDITIONS
The full set of General Conditions for Supply Contracts (Version 1.01 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 28
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.
General:
Kindly note that wherever there is the term ‘Central Government Authority’ in the General
Conditions, it is deemed to read as ‘the University of Malta’.
Article 2: Law and language of the contract
The Laws of Malta shall apply in all matters not covered by the provisions of the contract.
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 Letter of Acceptance,
(b) any other applicable documents.
Addenda have the order of precedence of the document they are modifying.
Article 4: Communications
4.1 Director of Procurement
Administration Building
University of Malta
Msida
Telephone: +356 2340 2212/3
Fax:
+356 21314307
Email:
tenders.procurement@um.edu.mt
Web:
www.um.edu.mt/procurement
All communications must be done in the English Language, as per General Conditions
Article 7: Supply of Documents
As per General Conditions
Article 8: 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.
Page 29
Article 9: The Contractor’s Obligations
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 (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, all damage caused by accident, weather, storm or any
other causes at his own expense.
The Contractor must cover up and protect from damage from any cause, all new work. He must
supply protection from the whole of the works executed and any damage caused must be made good
by the contractor at his own expense
The work shall be carried out in accordance with the directions and to the satisfaction of the
architects, specifications and Schedule of Quantities and such further drawings and directions as
may from time to time be given by the architects or supplied by the contractor as part of this
contract. If the work shown on any such direction be in the opinion of the contractor, extra to that
comprised in the specifications he shall, before proceeding with such work, give notice to this effect
to the architects, but if no notice is given to the architects before the execution of the work, the
contractor shall have no claim to any extra payment in respect thereof.
Article 11: Performance Guarantee
The value of the Performance Guarantee is 10% of the Contract value and must be presented within
7 calendar days of the Letter of Acceptance date.
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 12: 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
€500,000 (five 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 13: Performance Programme (Timetable)
As per General Conditions
Article 14: Contractor’s Drawings
As per General Conditions
Page 30
Article 15: Tender Prices
The tendered rates shall be inclusive of all work as specified, as well as any other works that are of
a contingent or indispensable nature for completing the work in its entirety. The rates shall be
inclusive of all materials necessary, profits and payments of Customs Duty and Landing charges on
all imported goods, VAT, taxes, ECO contribution, all hire of plant and machinery required as also all
transport of materials to the site of works and so on. Tenderers are to give rates as quoted for. No
claims arising from lack of ascertaining the site condition shall be entertained.
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 17: Patents and Licences
As per General Conditions
Article 18: Commencement Date
Following the signature of the Letter of Acceptance, the Contractor will be notified in writing to
commence works on site.
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. It is essential that the whole of this work be completed at the
earliest possible.
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 19: Period of Performance
Period of Performance whereby it is being requested that the delivery and installation would not
exceed 4 weeks (possibly earlier) from the date of the letter of acceptance. Tenderers are
warned that their offers may not be accepted if this clause is not acceded to.
Article 21: Delays in Performance
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 22: Variations
22.1
Subject to the provisions of Article 78 of the Public Contracts Regulations 2010, the
University of Malta reserves the right to vary the quantities specified. The total value of
the supplies may not rise or fall as a result of the variation in the quantities by more than
25% of the contract price. The unit prices used in the tender shall be applicable to the
quantities procured under the variation.
Page 31
Article 23: Suspension
The words “Community Budget” are to be replaced by the word “Capital Budget”
Article 24: Quality of Supplies
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 quantity 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 25: Inspection and Testing
Tests on any materials, causes, etc. may be taken at any time during the course of the works and
the contractor shall be bound to provide the architect with all such assistance, instruments,
machines, labour and materials as are normally required for examining, measuring and testing any
work, and the quality, weight or quantity of any materials used and shall supply samples of
materials before incorporation in the works, for testing as may be required by the architects, the
Project Manager or Supervisor.
Article 26: Payments: General Principles
(a) Payments shall be made in Euro, up to 95% of the certified works carried out, with 5% being kept
as retention money.
(b) Payments shall be made by the University of Malta.
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 60 days 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.
Whenever the 30-day period is mentioned in this article, it is deemed to be 60 days.
Article 26: Pre-financing
Not Applicable to this Tender
Article 26: Retention Monies
The balance of 5% of the contract sum retained as per Article 43.1 above, will be retained for the
duration of the defects liability period as stipulated in Article 39 (d) above and will only be
refunded if defective work, if any, had been made good to the satisfaction of the architects, the
Project Manager and/or the Supervisor of the Contracting Authority.
Article 28: Delayed Payments
The period quoted in Article 50.1 of the General Conditions may be subject to change according to
the particular needs of the Department
Page 32
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 30.6: 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 its own expense.
ii) In case of default on the part of the contractor to carry out such orders, the Supervisor (and or
Architect in Charge) and Supervisor's representative (and or Project Manager as delegated), shall
have the power to employ and pay other persons to carry out same at the contractor’s expense;
such expenses will be deducted from any monies that may be due to the contractor.
iii) The contractor shall, if ordered in writing by the Supervisor (and or Architect in Charge) and
Supervisor's representative (and or Project Manager as delegated), suspend the works or any part
thereof for such periods and at such times as so ordered and shall not, after receiving order,
proceed with the work there in order to be suspended until he receives written authority from the
Project Manager, to proceed therewith. The contractor shall not be entitled to claim compensation
for any loss or damage sustained as aforesaid.
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 31: Provisional Acceptance
As per General Conditions
Article 32: Warranty Obligations
The Contractor shall replace at his expense any goods, which is proven to be defective even after
completion.
Article 40: Amicable dispute settlement
If the amicable dispute settlement procedure fails, the Parties may, in the case of decentralised
contracts, agree to try conciliation through the Maltese Conciliation Procedure. If no settlement is
reached within 120 days of the start of the conciliation procedure, each Party shall be entitled to
move on to the next state of the dispute settlement procedure.
Page 33
Article 41: 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.
Article 44: Checks and Audits
Not Applicable
Page 34
VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE
(LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE)
Director of Procurement
Procurement Directorate
Administration Building
Msida MSD2080
Malta
[Date]
Dear Sir,
Our Guarantee Number .......................... for €......................
Account: [Account Holder’s Name]
In connection with the contract entered into between yourself on behalf of the Director of Contracts and
[Name and Address of Contractor] hereinafter referred to as “the Contractor” as per the latter’s tender
and your acceptance under [UM File Reference], whereby the contractor undertook the [title of
contract] in accordance with Article 13 of the Special Conditions the [works/services/supplies] as
mentioned, enumerated or referred to in the Specification and/or Bills of Quantities forming part of the
contract documents, we hereby guarantee to pay you on demand a maximum sum of €[amount in works
and numbers] in case the obligations of the above-mentioned contract are not duly performed by the
Contractor.
This guarantee will become payable on your first demand and it shall not be incumbent upon us to verify
whether such demand is justified.
For avoidance of doubt it is hereby declared that although this instrument gives rise to legal relations
between the guarantor and the beneficiary, it is hereby specifically declared for all intents and purposes
of law that this guarantee does not exempt the above-mentioned Contractor from any obligations, acts of
performance or undertaking assumed under the tender documents as ratified in the contract.
Any payments due to the contractor in respect of the obligations entered into under the contract above
referred to shall be made through this Bank.
This guarantee expires on the [expiry date] and unless it is extended by us or returned to us for
cancellation before that date any demand made by you for payment must be received in writing not later
than the aforementioned expiry date.
This document should be returned to us on utilization or expiry or in the event of the guarantee being no
longer required.
After the expiry date and in the absence of a written demand being received by us before such expiry
date, this guarantee shall be null and void, whether returned to us or not, and our liability hereunder
shall terminate.
This guarantee is personal to you, and is not transferable or assignable.
Yours Faithfully,
.............................................
[Signatory on behalf of Guarantor]
Page 35
VOLUME 2 SECTION 5 – SPECIMEN PREFINANCING PAYMENT GUARANTEE –
Not Applicable for this tender
(LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE)
Director of Procurement
Procurement Directorate
Administration Building
Msida MSD2080
Malta
[Date]
[Tender Reference]
Dear Sir,
We the undersigned, [name, company name, address], hereby declare that we will guarantee, as
principal debtor, to [University of Malta's name and address] on behalf of [Contractor's name and
address], the payment of [indicate the amount], corresponding to the guarantee mentioned in Article 44
of the Special Conditions without dispute, on receipt of a first written request from the beneficiary.
We further agree that no change or addition to or other modification of the terms of the contract or of
the works to be performed thereunder or of any of the contract documents which may be made between
you and the Contractor shall in any way release us from any liability under this guarantee. We hereby
waive notice of any such change, addition or modification.
The guarantee will enter into force and take effect from the [indicate the date of payment of the prefinancing] and shall be valid until the equivalent value of [works/services/supplies] has been certified by
the University of Malta.
We note that you will release the guarantee and notify us of the fact at the latest within thirty days of
this date.
Done at ………….., ../../..
Name and first name: …………………………… On behalf of: …………………
Signature: ……………..
[stamp of the body providing the guarantee]
Page 36
VOLUME 2 SECTION 6 – SPECIMEN RETENTION GUARANTEE – Not
Applicable for this Tender
(LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE)
Director of Procurement
Procurement Directorate
Administration Building
Msida MSD2080
Malta
[Date]
[Tender Reference]
Dear Sir,
We, the undersigned, [name, company name, address], hereby declare that we will guarantee, as
principal debtor, to [University of Malta's name and address] on behalf of [Contractor's name and
address], the payment of [indicate the amount], corresponding to the guarantee mentioned in Article 45
of the Special Conditions without dispute, on receipt of a first written request from the beneficiary.
We further agree that no change or addition to or other modification of the terms of the contract or of
the works to be performed thereunder or of any of the contract documents which may be made between
you and the Contractor shall in any way release us from any liability under this guarantee. We hereby
waive notice of any such change, addition or modification.
The guarantee will enter into force and take effect from the [indicate the date of payment of the sums
retained under the contract] and shall be valid until the date of issue of the certificate of final
acceptance.
We note that you will release the guarantee and notify us of the fact at the latest within thirty days of
the date of issue of this certificate.
Done at ………….., ../../..
Name and first name: …………………………… On behalf of: …………………
Signature: ……………..
[stamp of the body providing the guarantee]
Page 37
VOLUME 3 - TECHNICAL SPECIFICATIONS
Note:
Where in this tender document a standard is quoted, it is to be understood that the
Contracting Authority will accept equivalent standards. However, it will be the
responsibility of the respective bidders to prove that the standards they quoted are
equivalent to the standards requested by the Contracting Authority.
3.0
SPECIFICATION FOR THE INSTALLATION OF ELECTRICAL SERVICES
3.1
PREAMBLE TO THE SPECIFICATION
3.1.1
The work covers the installation of Electrical Services for the new Day Care
Centre at the Junior College in Msida and includes for the supply and installation
of all switchgear, cables, conduit, trunking and wiring accessories, complete
with all materials and labour necessary for a complete installation.
3.1.2
This specification shall be read in conjunction with the General Conditions of
Contract, the Drawings issued to date and any others which may become
necessary from time to time at the discretion of the Engineer in charge, and also
with the Schedule of Prices, which all together form the Contract Documents.
3.1.3
The work shall be completed by the contractor to the full satisfaction of the
Engineer in charge and the contractor shall be responsible for the satisfactory
performance of the service in accordance with the spirit of the design and
specifications.
3.1.4
The contractor shall prepare such installation diagrams, wiring drawings and
schematics as may be necessary in the Engineer's opinion. These shall be
submitted to the engineer for approval before execution of the work.
3.1.5
The contractor shall keep such records as are necessary for the Engineer to be
able to complete the as-fitted drawings upon completion of the works.
3.1.6
The contractor shall bind himself to co-ordinate his works with those of other
contractors, the whole works being scheduled according to the overall works
programme prepared by and monitored by the Engineer in charge.
3.2
WORKMANSHIP
3.2.1
THE WORKS SHALL COMPLY WITH THE LATEST EDITION OF THE REGULATIONS OF
THE BRITISH INSTITUTION OF ELECTRICAL ENGINEERS (IET), including all
amendments to date, and the ENEMALTA ELECTRICITY SUPPLY REGULATIONS,
MSA EN Regulations Codes of Practice, Green Public procurement Policy, and
normal safety regulations and to the satisfaction of the Engineer.
3.2.2
All workmanship shall be of best quality and in accordance with the above. The
Contractor shall guarantee that spare parts for any Equivalent supplied are
obtainable in Malta.
3.2.3
The electricity supply at terminals shall be 3-Phase 4 wire, 400/230 Volts, 50
cycles earthed neutral.
Page 38
3.2.4
Installation
The installation shall be carried out in
plastic wiring accessories. Heavy gauge
high standards shall be used as indicated
MSA –EN 50085: 2001 and MSA EN 50086:
low smoke halogen free type
heavy gauge PVC conduit with white
galvanised trunking, manufactured to
in drawings. All these shall conform to
2001. The PVC conduit shall be of the
All conduit and fittings shall be installed in chase where applicable, before
plastering works and flooring. The contractor shall be required to phase his
work with that of the structural and other contractors to ensure timely insertion
of conduits, etc.
All conduits shall be securely fixed to the base material by an approved method
and at not more then 1.5 m spacing, unless otherwise allowed by the Engineer.
Conduit boxes carrying accessories shall be independently fixed.
All draw-in boxes shall be easily accessible for wiring and shall be spaced so that
there are not more than two 90 deg. solid bends between two boxes or more
than 10 m run between them.
A separate Earth Conductor shall be used inside the conduit for Earthing of
fittings, accessories (including lighting switches since the client may opt to
install decorative metal clad fittings in all areas) and socket outlets etc.
All conduits shall be complete and thoroughly swabbed before draw-in of wires
and cables.
The smallest size of conduit allowed shall be 20mm. Conduit shall be sized
according to the quantity and size of cables being carried through. Standard
accessories shall be used with conduit to terminate at boxes, distribution
boards, switchgear, outlets etc., in order to give a completely closed and
mechanically secure system.
All conduit and trunking routes shall be approved by the Engineer prior to taking
works in hand.
3.2.5
Builder's Work
The tenderer is to allow in the rates quoted, for all chasing, holes in RC or
structural members up to 200mm x 200mm in size (all holes shall be made only
under approval of the Engineer in charge and by means of circular diamond
tipped tools), pipe sleeves (made to approval) etc. necessary for the proper
execution of the works. All structural openings shall be approved by the
architect in charge.
3.2.6
Wiring
The installation shall be wired with cables having conductors not less then 1.5
sq. mm. Single strand conductors shall not be allowed. All cables shall be of the
LSZH type
Page 39
With the exception of final sub-circuits, all cable terminations shall be of the
soldered or crimped socket type terminal. Ferrules shall be used to terminate
multi strand cables
Loop connections shall only be made at the terminals of accessories or fittings.
No joints in cables shall be made except with the written authority of the
Engineer.
The number of cables in any conduit shall conform to the limit set by the abovementioned IEE (IET) Regulations.
All cables shall be colour coded throughout for identification: Brown, Black,
Grey for the Phase conductors, Blue for Neutral, and Green/Yellow for Earth.
The contractor shall terminate the wiring in the fitting, accessory and/or
equipment as specified in the drawings, etc.
Cables for individual circuits inside trunking shall be grouped together, and
marked with circuit number at terminations.
3.2.7
Earthing
All Earthing installation shall be carried out in accordance with the IEE
Regulations.
The main Earth conductor shall be earthed with the Earth Mat /minimum 2
quantity earth electrodes linked to a main earth bar and if supplied, with the
Earth termination supplied by ENEMALTA in the metering room.
The maximum earth loop impedance of the earth mat / electrodes shall be 0.10
Ohms.
Separate Earth conductor shall be passed from all conduit and trunking and all
fittings for the earth connections of socket outlets, equipment etc.
All trunking is to be separately earthed and earth clips shall be used to bridge
different sections of the trunking.
3.2.8
Positioning
All fixture items shall be positioned as per drawings or as instructed by the
Engineer.
3.2.9
Markings
All switchgear and distribution boards shall be permanently marked with the
voltage and current rating.
Labels indicating the services controlled by the switchgear and distribution
boards shall be prepared and fixed on the outside of the appliances as directed.
In addition to the above each distribution board shall have a list of all the
equipment names and locations supplied.
Page 40
3.2.10 Origin of Installation
The installation shall originate from the existing Distribution Board and all
connections shall be the responsibility of the contractor and shall be duly
allowed for.
3.2.11 Uniformity
All materials used under this contract shall be of uniform design throughout.
Samples shall be presented at tendering stage for approval.
3.2.12 Testing
The contractor shall provide all the necessary labour and testing instruments for
the tests prescribed in the above-mentioned regulations. Approval of works
shall only be granted following satisfactory passing of these tests.
The test results shall be recorded in triplicate and signed by the contractor's
Engineer, and shall be handed over to the Engineer in charge.
3.2.13 Deviations
Any deviations shall be regulated by the General Conditions of Contract.
3.2.14 Measurement
The works shall be measured as specified in the Bill of Quantities and certified
by the Engineer in charge.
3.2.15 General Conditions
The General Conditions of Contract shall apply in so far as they are not
inconsistent with the above.
Page 41
3.3
MATERIALS SPECIFICATIONS ~ Electrical Installation
3.3.1
General
All materials to be used in this project are subject to approval by the Engineer
in charge, upon presentation of samples.
3.3.2
Miniature Circuit Breakers
Miniature Circuit Breakers shall provide overcurrent and short circuit protection
and shall comply with ISO 2924. The MCBs shall be type 3 and shall be capable
of dealing with fault currents of 6KA for MCBs up to 30Amp rating and 10KA for
higher rated MCBs. They shall be Single Pole or Triple Pole as indicated on the
schematic. They shall be easily mounted on DIN rail. The Voltage rating shall
be 230/400V, 50 Hz. The input terminals shall be suitable for 25 sq. mm cable
and the output terminals for 16 sq. mm cable.
3.3.3
RCBOs
RCBOs shall have the same specification, where applicable for MCBs, shall be of
the single pole type except where otherwise indicated and shall have
differential current protection apart from over current protection to the
sensitivity as indicated on the drawings and shall comply to BS EN1009.
3.3.4
Glands
Glands for PVC SWA LSZH / XLPE SWA LSZH cable shall be heavy duty indoor
/outdoor type, in brass or gunmetal with suitable armour clamps and earthing
provision.
3.3.5
Conduit And Fittings
Conduit and outlet fittings, etc., shall be as specified above and subject to
approval of samples, which shall be submitted on request.
3.3.6
Cable
XLPE, SWA, LSZH Cable
Armoured cables are to be with shaped or round copper conductors and XLPE
insulated, (PVC for 10 sq. mm and smaller), PVC sheathed, single wire armoured
and PVC sheathed overall complying to BS 5467. All cables shall be of the LSZH
type.
Single core cable
The cable shall consist of high conductivity stranded copper wires insulated with
LSZH 240/415 V type, to BS 7211.
All cables shall be of the LSZH type.
Page 42
3.3.7
Contactors
Contactors shall be capable of switching a three-phase supply four wire (or as
indicated in the drawings), and shall be rated to handle the required indicated
load.
The retaining coil of the contactors shall be suitable for operation on 240 V / 24
V. IN e latter case the contactors shall be such that they can be controlled
directly by the BMS
All contactors shall be enclosed in a sheet steel dust proof case.
3.3.8
Time Switches
Time switches shall be of the electronic 7-day type, providing adjustable
switching periods at any time of the day and for a minimum of 20 changes of
operation in every twenty four hours, and capable of switching an inductive load
of 15 A continuous, with a current breaking capacity of 30 A. They shall have a
100-hour backup in case of power failure.
3.3.9
Ceiling Roses
All ceiling roses shall comply with BS 67 and shall be suitable for fixing to
standard conduit, round terminal boxes. They shall have the facility for fixing
3/4 in. connections, including Earth. They shall be of white moulded plastic.
3.3.10 Switched Socket Outlets
These shall be of three different types:
13 Amp 2P+E switched socket outlet, shuttered and shall be in
accordance with BS 1363.
5 Amp 2P+E switched socket outlet, shuttered and shall be in
accordance with BS546
16A 2P+E German Standard socket outlet, shuttered and shall be in
accordance with VDE 0620
Non UK standard type with rectangular phase / neutral terminals and
round earth connection. These shall be used for the UPS power.
They shall be suitable for flush mounting, unless otherwise instructed and shall
be white moulded plastic. Samples shall be presented at time of tendering for
approval.
3.3.11 Fused Spurs
These shall be suitable for connecting a fixed appliance to a ring main socket
outlet circuit as prescribed in IEE Regulations.
The unit shall consist of rectangular metal box complete with metal overlapping
plates and removable fuse carrier, fitted with cartridge type fuses.
Page 43
They shall be of the switch type and of approved finish.
3.3.12 Flex Outlets
The flex outlets shall be supplied with three pairs of terminals suitable for 2 x
2.5 sq. mm conductors.
3.3.13 Tumbler Switches
These shall be of the "quick make and break" type, suitable for AC operation.
They shall be wired "on" when the knob is down and shall be to BS 1291 Part 1
for 5 Amp type and BS 816 for 15 Amp type.
3.3.14 Galvanised trunking / Cable tray
The galvanised trunking shall be manufactured from hot dipped galvanised sheet
steel complying with BS EN 10143 group 2 class 2A. The thickness of the sheet
shall be such that there is no sagging of the trunking with the load of the cables.
If in the opinion of the Engineer the trunking deforms with the weight of the
cable the contractor shall be requested to remove the said trunking and replace
it. The trunking shall be supplied complete with a clip on cover of the same
material quality and thickness of the main trunking. No self-tapping screws shall
be used to hold the cover but if necessary plastic ties shall be used. Suitable
cable trays shall be installed to carry the supply cables to the various
Distribution Boards.
All installations are to be complete with all necessary earth clips for a complete
installation. All sections shall be bolted together. Riveting of sections shall not
be acceptable.
3.3.15 PVC Trunking / management trunking
The Cable Trunking shall be manufactured from heavy gauge U PVC material
complying with BS. The Thickness of the PVC shall be such that there is no
sagging of the trunking with the load of the cables. If in the opinion of the
Engineer the trunking deforms with the weight of the cable the contractor shall
be requested to remove the said trunking and replace it. The trunking shall be
supplied complete with a clip on cover of the same material quality and
thickness of the main trunking. Standard manufacturer supplied TEEs, Angles,
Reducers, and Multiway Junctions are to be used where required; no contractor
manufactured accessories shall be accepted.
Page 44
4.0
SPECIFICATIONS FOR THE INSTALLATION OF MECHANICAL SERVICES
4.1
PREAMBLE TO SPECIFICATION
4.1.1
Scope of work
The work covers the installation and connecting up, testing and commissioning
of air-conditioning services within the Child Care Centre at Junior College and
includes for the supply and installation of all equipment, piping and accessories.
The contractor shall:
* Execute of the work in a diligent and competent manner.
* Complete the work in its entirety, to the Engineer's satisfaction and in
accordance with the design and instructions of the responsible Engineer.
4.1.2
Discrepancies
Special attention has been given such that as far as possible, the drawings,
specification and schedule of items, detail the whole of the requirements for
this work. The tenderer shall however satisfy himself that these documents
cover the complete systems, as regards materials, equipment and accessories,
for the correct and proper operation of the installation as a whole.
4.1.3
Extent of Works
This part of the works includes for Air-Conditioning Systems.
4.1.4
Complete System
The system shall be complete and working in all respects, and shall include all
necessary accessories, fittings, ancillary equipment, pipes, vents strainers,
dampers, valves, controlling equipment, insulation, drains etc., and all items
not specifically mentioned according to the scope and spirit of this description.
4.1.5
Protection of works
The Contractor shall protect all equipment, material and works until taken over
by the client and shall remain his sole responsibility until official handing over.
4.1.6
Completion
Completion dates agreed to in other sections of this contract shall be binding in
so far as this section of the works is concerned.
4.1.7
Quantities / Variations
The consultants may supply any additional drawings or directions as may be
necessary for the proper execution of the work. If the work shown on any such
drawings or directions is, in the opinion of the contractor, extra to that
comprised in the specifications and Bills of Quantities, he shall give notice in
writing to this effect before proceeding with such work; if this condition is not
adhered to, the Contractor shall have no right for any additional claim at a later
stage.
Page 45
4.1.8
Working Drawings
The Contractor shall be responsible for the preparation of all-working drawings,
diagrams, schedules of materials, etc., necessary, to be submitted to the
Engineer for approval before proceeding with the works.
4.1.9
Alternatives
The tenderer can offer items or systems, which are not according to the
specification but that in his opinion shall give the desired overall effect. In this
regard, he is requested to give a full detailed description of the offered system
together with all necessary drawings, for the evaluation by the consultants. The
consultants can refuse any changes to the design before and after the contract
has been let and during the execution of the works. The tenderer however is
NOT ALLOWED TO CHANGE ANY OF THE DESIGN PARAMETERS, PIPE SIZES, and
SIZES OF DUCTS ETC.
IN THIS EVENT THE TENDER SHALL NOT BE CONSIDERED AND THE TENDERER SHALL BE
DISQUALIFIED.
4.2
WORKMANSHIP
4.2.1
Regulations
All work shall be carried out in accordance with the relevant safety regulations,
British Standard Code of Practice CP. 352 and normal trade practice and to the
entire satisfaction of the Consulting Engineer.
4.2.2
General Conditions
All work is to be executed according to the general workmanship specification
found elsewhere, unless otherwise specified to the contrary hereunder.
4.2.3
Piping Installation
Main supply pipes and brazing material for the Air-Conditioning Services shall be
suitable for R410A refrigerant.
All pipe sizes shown shall be internal diameters
Horizontal pipes shall be supported at spacing of not more than two meters apart
for galvanised pipes / copper pipes and at all changes in direction. Hangers and
supports shall be secured with neat purposely made wrap around bolted brackets.
The method and location of supports shall be as indicated by the Engineer.
All distribution pipe work shall be thoroughly cleaned before any tests are carried
out. Pressure test shall be applied to the piping only excluding any parts of the
equipment. The test pressure shall be one and a half times the operating
pressure and shall be applied for duration of at least four hours. The tests shall
be applied before any insulation is installed or pipes concealed.
No pipe work is to pass from underneath floor tiles except where specifically
approved.
Page 46
Sizing of pipes shall be as indicated on drawings.
All pipe ends shall be blanked off during the works to prevent the ingress of dirt
and other obstructions, which may cause blockages etc. The contractor shall take
all precautions to comply with this measure. Drain pipes of rigid PVC, shall be
properly jointed in accordance with the manufacturer's recommendations.
Adequate blank Tees shall be inserted in all drain pipework to ensure easy
cleaning and rodding in case of blockages in the future.
Pipe joints shall under no circumstances be allowed in the thickness of walls,
floors, etc. Pipework shall be placed in chase within walls, only where
specifically instructed by the Engineer.
Sleeves shall be provided wherever pipes cross-floors or walls in the structure.
When these are required to cross Reinforced Concrete members, instructions are
to be sought from the Architect as to the correct placement, and size of the
holes, as also to the method of procedure in drilling. PVC sleeves shall be
cemented into the wall thickness and the space between the pipe and the sleeve
shall be caulked with approved flexible mastic or asbestos string etc.
Pipework shall be fixed at approved levels after co-ordination with the Engineer
as to False Ceiling heights etc. They shall be properly hung using adequate
brackets, hangers, support frames etc.
Quantities of pipework and valves are as accurate as possible but the contractor
is enjoined to check the runs for himself and satisfy himself as to their
correctness.
4.2.4 Drains
All drains are to be given adequate gradient and supported at a spacing not
exceeding l m. Inspection Tees shall be used to facilitate cleaning and clearing of
blockages. Drains shall connect the respective sanitary fitting to the nearest
galley trap. All vertical main drainpipes are to be air vented. All drains for the
air conditioning systems to be adequately lagged in order to inhibit the formation
of condensation.
4.2.5 Testing and Commissioning
All testing and commissioning shall be in accordance with IHVE and BS guides for
test procedures, and to the satisfaction of the Engineer.
Although testing of individual sections is allowed, in the interest of speed, the
testing shall be considered carried out only when the COMPLETE installation is
tested and commissioned. The contractor shall remain responsible for individually
tested sections and will cover them at his own risk.
The contractor shall provide all test points, equipment and facilities to carry out
the tests, both on site and at remote locations. All manufacturers' items
performance data and characteristics shall be collated together with test results,
for future reference and maintenance.
Page 47
All equipment shall be adequately labelled and marked. Schematic pathway and
riser "as built" Drawings etc., shall be prepared by the contractor and presented
to the Engineer on completion.
The following tests are to be carried out during or before commissioning:
Pipework testing - All pipework runs shall be tested, including bellows, joints,
flexibles etc., and a test schedule shall be prepared by the contractor, for
approval and used to clarify the tests carried out. This schedule shall be
approved by the Engineer before adoption for use.
Hydraulic testing of pipe runs - This shall be to 1.5 times working pressure for
FOUR hours duration, and shall exhibit no loss of pressure, and no visible leakages
on inspection. Any parts or instrumentation not designed for such pressure shall
be temporarily excluded from the test.
Waste drains - These shall be air tested to 3 in. water gauge, and any leaks made
good, and the system retested.
Notice of tests shall be given to the Engineer who shall be the only one to certify
test approval.
4.2.6
Method statement
The contractor shall furnish the Client / Engineer with a detailed description of
the method statement to be employed in the installation of the various services.
This applies both for the internal installations as well as in the supply and
installation of the main plant. This method statement is to be approved by the
Client / Engineer prior to the works being taken in hand.
4.2.7
Builder's Work
The tenderer is to allow in the rates quoted, for all chasing, holes in RC or
structural members as per duct sizes (all holes shall be made only under approval
of the Engineer in charge and by means of circular diamond tipped tools), pipe
sleeves (made to approval) etc. necessary for the proper execution of the works.
All structural openings shall be approved by the architect in charge. All holes
should be including sealing off openings around ducts etc.
4.3
MATERIAL SPECIFICATIONS - Air-conditioning System
4.3.1 Air-conditioned piping installation
The pipe work and brazing material shall be suitable for R410A refrigerant. All
pipe work used shall be clearly marked that it is suitable for R410A refrigerant.
The tube shall be of the phosphorous deoxidised seamless pipe. Foreign materials
inside the pipe including oils for fabrication shall be less than 30mg/10m. The
pipe shall have an operating pressure of 3.8MPa but shall be suitable for a
pressure test of 4.5Mpa. All pipe sizes shown shall be internal diameters
The pipes shall be insulated using closed cell type insulation having minimum
thickness of 10mm with a heat transfer coefficient of 0.032 W/m deg C at a
Page 48
temperature of 25 deg C. It shall be suitable for use over an operating
temperature range of between 0 and 80 deg C and shall have incombustible
properties (class O). Its specification should declare it not subject to rot,
deterioration from dampness, non-corrosive and vermin inhibiting. The insulation
shall have an external weatherproof UV resistant PE film.
Brazing material shall be of the type that requires no flux (e.g. Phosphor copper
brazing filer - BCuP). During brazing the pipe is to be continually purged with dry
nitrogen to ensure that there shall be no build-up of carbon films or scale on the
internal surface of the pipe. All ends are to be kept sealed off at all times.
All installation tools shall be exclusively used for R410A refrigerant and are not to
have been used on other refrigerant type installations.
The vacuum pump use is to have a non-return valve and shall be such that oil
does not flow into the system while the pump is not working. The pump shall be
suitable to evacuate to –100.7kPa
Upon completion of installation the pipes shall be pressure tested at 4.5Mpa for a
minimum of 4 hours. After the pressure test is complete the pipe work shall be
filled with dry nitrogen at a pressure of 0.25MPa and sealed off
Horizontal pipes shall be supported at spacing of not more than two meters apart
and at all changes in direction.
Hangers and supports shall be secured with neat purposely-made pre-fabricated
and galvanised proper pipe 2-semi-circular type bolted brackets. The method and
location of supports shall be as indicated by the Engineer. All brackets used shall
be of the factory galvanised pre-fabricated type. No welded and painted brackets
shall be acceptable.
All pipe work shall be thoroughly cleaned before any tests are carried out.
Pressure test shall be applied to the piping only excluding any parts of the
equipment. The tests shall be applied before any insulation is installed or pipes
concealed.
No pipe work is to pass from underneath floor tiles except where specifically
approved
Pipe joints shall under no circumstances be allowed in the thickness of walls,
floors, etc. Pipework shall be placed in chase within walls, only where
specifically instructed by the Engineer.
Sleeves shall be provided wherever pipes cross-floors or walls in the structure.
When these are required to cross Reinforced Concrete members, instructions are
to be sought from the Architect as to the correct placement, and size of the
holes, as also to the method of procedure in drilling. PVC sleeves shall be
cemented into the wall thickness and the space between the pipe and the sleeve
shall be caulked with approved flexible mastic or fire retardant expanded foam
etc.
Pipework shall be fixed at approved levels after co-ordination with the Engineer
as to False Ceiling heights etc. They shall be properly hung using adequate
brackets, hangers, support frames etc.
Page 49
Quantities of pipework and valves are as accurate as possible but the contractor
is enjoined to check the runs for himself and satisfy himself as to their
correctness.
Oil traps shall be installed in all vertical pipe work exceeding 5m in height
Pipes for single copper runs shall be installed in pipe brackets. Multiple parallel
copper runs shall be installed on cable trays. Pipes (including drains) hung with
galvanised strips shall not be acceptable.
4.3.2 Drains
Drainpipes of rigid PVC shall be used for all A/c units, and shall be properly
jointed in accordance with the manufacturer's recommendations. Adequate blank
Tees shall be inserted in all drain Pipe work to facilitate cleaning and clearing of
blockages.
The size of the drains shall be a minimum of 25 mm diameter for all the units.
Drains installed above false ceiling are to have adequate closed cell type
insulation.
All drains for the A/C units installed above false ceilings / below raised flooring
are to be complete with closed cell type insulation. All A/C drains are to be
furnished with water traps and connected to gulleys in shafts.
4.3.3 Insulation
All piping and accessories shall be properly insulated and finished in a smooth,
clean workmanlike manner with all joints tightly finished.
The insulation is to be so applied as to eliminate air pockets between the pipe
walls and the insulation material itself, otherwise condensation will result.
Insulation shall be pre-formed sectional wool or rubber-type moulded section
conforming to pipe diameters and having a density of 96 Kg/m3 min and a Max. K.
Factor of 0.032 W/m deg C at a temperature of 25 deg C. It shall be suitable for
use over an operating temperature range of between 5 and 80 deg C and shall
have incombustible properties. Its specification should declare it not subject to
rot, deterioration from dampness, non-corrosive and vermin inhibiting.
The insulation shall be passed down with aluminium foil adhesive tape, secured
with bands or straps, and shall have aluminium or equivalent proprietary foil
vapour barrier equivalent to Class 0 rating.
The minimum allowed thickness of the insulation shall be as follows:
15 mm to 50 mm pipe
65 mm to 100 mm pipe
25 mm insulation thickness
50 mm insulation thickness
All externally placed insulated pipe works shall be adequately protected from the
elements by a coating of Polyisobutelene, for a weatherproof finish with a class 1
BS 476:Part 1:1953 rating, self-extinguishing. The weatherproofing shall be
guaranteed for a minimum of 5 years
Page 50
4.3.4 Duct
The duct is to be manufactured from polyurethane insulating material,
lightweight, having a maximum thermal conductance of 0.0167 Kcal/hr m C. It
shall have internal and external coverings with aluminium foil 80 microns. All
joints are to be airtight. Fresh air and extraction ductwork in the garage shall be
in galvanised sheet steel complying with BS EN 10147 group 2 Class 2A.
4.3.5 Diffusers / grills
The air supply diffusers shall be complete with opposed blade damper and
mounted frame. They shall be of aluminium with an aluminium paint finish of a
colour as instructed by client. The size and type of the diffusers / grills shall be
as indicated on the drawing. All 600mm dimensions for grills in the offices or
other areas fitted with tiled false ceilings shall imply that the grill shall be
suitable to fit in a 600mm x 600mm soffit tile. In all other cases the dimension
shown is the neck size of the diffuser.
4.3.6 Return Air Grill
The return air grill shall be complete with washable filter of the hinged type for
easy removal of filter. The size shall be as indicated on the drawing. The filters
shall be comprised of a pre filter as well as main filter.
4.3.7 VRF Air-conditioning system
General
The VRF units shall be of the heat pump type. These shall be of the all heating or
all cooling only type.
The contractor is also to allow in the costs for one thermostat per unit as well as
for monitoring and control software
Condenser
The condensers shall be constructed of copper fins bonded to seamless copper
tubing. These shall be suitable for outdoor installation and shall be complete with
weatherproof treatment.
The condenser fans shall be directly driven propeller bladed with vertical
discharge for low power consumption and quiet operation with approved wire
guard.
The condensing units shall be equipped with head pressure control to be able to
operate down to a temperature of 5°c ambient.
Mounting shall be resilient to avoid vibration transmission to the structure. The
condensing units shall also incorporate the compressor.
Compressor
The compressor shall be externally mounted on anti-vibration mountings. It shall
be of the inverter driven, scroll type equipped with a thermal protection device.
The outdoor unit shall be suitable for three-phase 50Hz operation.
Page 51
Indoor units
The evaporator shall be constructed of aluminium fins bonded to seamless copper
tubing.
The unit shall have a three speed permanent split-capacitor motor with built-in
overload cut-out, totally enclosed and tropicalized fitted with seals for life,
maintenance free sleeve type bearings, suitable for single Phase 50 Hz operation.
Motors are to be resiliently mounted to ensure quiet vibration free operation. The
forward curved centrifugal aluminium impeller fan(s) shall be statically and
dynamically balanced at the factory.
Housing box is to be in 18 gauge (1.2 mm) continuous galvanized steel, complete
with thermal treatment to prevent formation of condensation. All outside panels
are to have a baked epoxy lacquer finish. Drain pan and auxiliary pans, thermally
insulated against condensation, and treated anti-corrosion, are to extend below
the valves. They are to be fitted with a minimum of 25 mm drain outlet. A selfpriming high water head condensate pump to remove any condensate water from
the drain pan shall be installed where necessary.
Controls
A wall mounted control fixture with temperature settings, summer / winter
switch and three-speed and off selector switch, surface mounted, complete with
control wiring is to be provided for each indoor unit.
A REMOTE CONTROL panel for the outdoor units of each system shall be provided
at the position shown by the Engineer on site, to enable remote starts and control
of the outdoor units. The control panel shall have an ON/OFF switch, timer /
manual switch and a 24 hour timer for each unit, a summer/winter switch as well
as a running and stop light. It shall also have a visual and audible alarm if any
one of the units fails during operation. The contractor shall include for all cabling
etc. between the units and the control panel.
The units shall be complete with all necessary thermally protected contactors for
all motors, high and low pressure switches and gauges, oil pressure switch and
gauge, antifreeze thermostat, two-stage cooling thermostat, indicator lamps and
start/stop buttons.
Characteristics
The cooling capacities given in the drawings are based on the following
parameters:
Fan speed
Medium
Cooling capacity
As indicated in the BOQ
External
temperature
Air in
40°C db. ; 60% RH
Refrigerant
R410A
24°C db. ; 50% R.H.
Refrigerant Circuit
Each refrigerant circuit shall include a liquid receiver, thermostatic expansion
valve and filter dryers. The system shall be factory charged with R410A
refrigerant and refrigerant oil, but will also include a charging valve.
Page 52
Control / monitoring software
The VRF systems shall be supplied c/w a dedicated monitoring and control
software and including all other hardware, cabling, interfacing etc. for a
complete system. The system offered shall also be suitable to be interfaced to
the central BMS system. The software shall offer full monitoring and control
functions including mode of operation, expansion valve position, timers,
temperature control (including temperature band possibilities for the
thermostats) etc.
Performance
The tendering contractor shall supply all operation and performance data for the
unit offered at different operating conditions including COP’s and EER’s
applicable to the conditions of this site.
4.3.8 Split type air conditioning units
The units installed shall have the following characteristics.
The split units shall be of the inverter type and shall be suitable to be interfaced
to the central monitoring and control system.
Condenser
The condensers shall be constructed of copper fins bonded to seamless copper
tubing. These shall be suitable for outdoor installation. Alternative proposals with
weatherproof coatings shall be considered provided full technical literature is
submitted during tendering stage.
The condenser fans shall be directly driven propeller bladed with vertical
discharge for low power consumption and quiet operation with approved wire
guard.
The condensing units shall be equipped with head pressure control to be able to
operate down to a temperature of 5°c ambient.
Mounting shall be resilient to avoid vibration transmission to the structure. The
condensing units shall also incorporate the compressor. The noise level shall not
be higher than 48dBA at 1 meter.
Compressor
The compressor shall be externally mounted on anti-vibration mountings. It shall
be of the inverter type equipped with a thermal protection device. The unit shall
be such that the speed of the compressor shall be varied with the actual cooling
load at that particular moment. The outdoor unit shall be suitable for three phase
50Hz operation.
Indoor units
The evaporator shall be constructed of aluminium fins bonded to seamless copper
tubing. The unit shall have a three speed permanent split-capacitor motor with
built-in overload cut-out, totally enclosed and tropicalized fitted with seals for
life, maintenance free sleeve type bearings, suitable for single Phase 50 Hz
operation. Motors are to be resiliently mounted to ensure quiet vibration free
operation. The forward curved centrifugal aluminium impeller fan(s) shall be
statically and dynamically balanced at the factory.
Page 53
Housing box is to be in 18 gauge (1.2 mm) continuous galvanised steel, complete
with thermal treatment to prevent formation of condensation. Alternative GRP or
similar casings shall also be considered. All outside panels are to have a baked
epoxy lacquer finish. Drain pan and auxiliary pans, thermally insulated against
condensation, and treated anti-corrosion, are to extend below the valves. They
are to be fitted with a minimum of 16 mm drain outlet.
Controls
A wall mounted control fixture with thermostat and three-speed and off selector
switch, surface mounted, complete with control wiring is to be provided.
Return air grilles
Return air grilles shall have removable core on sub frame, support brackets and
permanent filter on separate securing clips.
Characteristics
The cooling capacities given in the drawings are based on the following
parameters:
Cooling capacity
External
temperature
Air in
Refrigerant
As per drawings at medium speed
40°C db. ; 60% RH
24°C db. ; 50% R.H.
R 410A
Sound operation level not to exceed 42 dBA at 1.0 mt. from unit at maximum
speed.
Refrigerant Circuit
The refrigerant circuit shall include a liquid receiver, thermostatic expansion
valve and filter dryers. The system shall be factory charged with refrigerant and
refrigerant oil, but will also include a charging valve.
The outdoor and indoor units shall be linked by weatherproof insulated, copper
pipe work suitable for R 410A refrigerant. Oil traps shall be installed whenever
there is a vertical pipe work rise in excess of 5m.
4.3.9
Fabric Duct
The duct is to be of the permeable fabric type as indicated in the drawings. It
shall be of the semi-circular type having a diameter as indicated in the drawings
and BoQ and with an internal air velocity of not greater than 8m/s. The duct
shall be supplied c/w all fixings interfacing to the AHU’s etc. for a complete
system All joints are to be airtight.
Page 54
VOLUME 4 - FINANCIAL BID
TENDER FOR THE SUPPLY, DELIVERY, INSTALLATION,
TESTING AND COMMISSIONING OF A VRF SYSTEM FOR THE
ILWIEN CHILD CARE FACILITY AT THE JUNIOR COLLEGE,
UNIVERSITY OF MALTA
Bills of Quantities
Bill No. 1
-
Preliminaries
Bill No. 2
-
Air conditioning
Bill No. 3
-
Electrical Installation
Page 55
Bill No. 1 – Preliminaries
ITE
M
1
1.1
1.2
1.3
1.4
1.5
DESCRIPTION
PRELIMINARIES
All materials to be used within this contract are
to be approved prior to delivery to site.
Prepare a risk assessment report outlining all risks
involved and measures to be taken to minimize 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 the provision of a detailed daily log of
all the works and materials and maintaining in an
orderly manner in Building File.
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. 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 all local
Health and Safety regulations, 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.
QTY
UNIT
1
L.S.
1
L.S.
RATE €
TOTAL €
including
VAT, Eco
Contributio
n (if any)
and all
other
charges as
may be
applicable
Including
VAT, Eco
Contributio
n (if any)
and all
other
charges as
may be
applicable
1
1
L.S.
1
L.S.
TOTAL Carried Forward
Page 56
ITEM DESCRIPTION
QTY
UNIT RATE €
including
VAT, Eco
Contribution
(if any) and
all other
charges as
may be
applicable
TOTAL €
Including
VAT, Eco
Contribution
(if any) and
all other
charges as
may be
applicable
TOTAL Brought Forward
1.6
1.7
1.8
1.9
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 Site, Works and all underlying floors,
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 ongoing 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.
Provision, maintaining and removal of all
necessary first aid and sanitary facilities,
including the provision of latrine huts, etc ...
required for the proper mannered execution
of the works.
Allow for the sweeping and cleaning / washing
of all access roads pertaining to the site of
works at times seemed appropriate to keep
the roads in a clean and dust free
environment at all times
1
L.S.
1
L.S.
1
L.S.
1
L.S.
TOTAL Carried Forward
Page 57
ITEM
DESCRIPTION
QTY
UNIT
RATE €
TOTAL €
including
VAT, Eco
Contribution
(if any) and
all other
charges as
may be
applicable
Including
VAT, Eco
Contribution
(if any) and
all other
charges as
may be
applicable
TOTAL Brought Forward
1.10
Provision, maintenance and removal of all necessary
temporary services, including fresh water,
compressed air, electrical supplies, telephone, etc
1
L.S.
1.11
Allow for mobilization and design, construction and
installation of the contractor's compound. Including
offices, storing areas, shelters, services, etc and
their subsequent removal on completion of the
works, all to the approval of the Employer's
representative
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
L.S.
1
L.S.
Provision of insurance cover in the joint names of
the Client and Contractor insure the Works against
loss or damage by fire, storm, tempest, lightning,
flood, earthquake, aircraft or anything dropped
there from, aerial objects, riot and civil commotion
for the full reinstatement value thereof plus 15% of
all the Works executed and all unfixed materials and
goods so insured until the completion of the Works.
The Contractor shall affect a policy of insurance
against third party risks to cover an amount of not
less than € 500,000.00 (Five Hundred Thousand
Euro) for any one accident. The policy shall be in
joint names of the Client and Contractor and shall
include cross liability clauses. In respect of liability
for the death or injury to any person employed by
the Contractor and arising out of and in the course
of such person's employment by the Contractor the
amount insured by the Contractor shall be such as to
indemnify the Client against all damages as
compensation payable. The Contractor shall comply
with and be subject to the terms, exclusions,
exceptions, conditions and limitations of the
insurance policies and shall bear the amount of the
retained liabilities stated therein The Contractor
shall deposit with the Client copies of the policy or
policies and a copy of the receipt in respect of
premiums paid before starting the Works
1
L.S.
1.12
1.13
TOTAL FOR PRELIMINARIES TO SUMMARY ON PAGE 64
Page 58
Bill 2 – Air-condition Installation
ITEM DESCRIPTION
2.00
2.01
2.02
2.03
2.04
2.05
2.06
2.07
AIR CONDITIONING
VRF
Supply, Install, connect and commission the
following condensate pipework c/w preformed
insulation c/w weather proofing for external runs
(inclusive of all accessories, fittings sleeves in
walls, brackets, fixing, vents, oil traps,
connections, etc. and all necessary to provide a
complete system)
Drain 28mm dia.
Drain 40mm dia.
Drain 22mm dia.
Supply, Install, connect and commission the
following copper pipework c/w preformed
insulation (which shall be weatherproofed for all
external runs) inclusive of all accessories, fittings
sleeves in walls, brackets, fixing, vents, oil traps,
connections, etc. and all necessary to provide a
complete system
System 1
Supply and install split type units c/w inverter
controlled compressors as per specification The
units shall be complete with thermostats located as
indicated in the drawings, and including all
electrical wiring, ducting, drains, connections,
control cabling from outdoor unit to indoor unit, all
copper piping between indoor and outdoor units inc
oil traps etc control cabling from unit to
thermostat and all other accessories etc. required
for a complete installation:
INDOOR WALL MOUNTED TYPE UNITS 12,000BTU/HR
Supply, install, connect and commission, VRF
system indoor Units, as specified c/w thermostats
located as indicated in the drawings, and including
all electrical wiring, drains, connections, control
cabling from outdoor unit to indoor unit, control
cabling from unit to thermostat and all other
accessories etc. required
for a complete
installation:
INDOOR CASSETTE TYPE UNITS 24,000BTU/HR
INDOOR CASSETTE TYPE UNITS 40,000BTU/HR
QTY
UNIT
30
10
30
m
m
m
1
L.S.
1
No.
1
1
No.
No.
RATE €
TOTAL €
including
VAT, Eco
Contribution
(if any) and
all other
charges as
may be
applicable
Including
VAT, Eco
Contribution
(if any) and
all other
charges as
may be
applicable
TOTAL Carried Forward
Page 59
ITEM DESCRIPTION
QTY
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
UNIT
TOTAL Brought Forward
2.08
2.09
2.10
INDOOR MINI-CASSETTE TYPE UNITS 12,000BTU/HR
INDOOR MINI-CASSETTE TYPE UNITS 20,000BTU/HR
DUCTED UNIT 80,000BTU/HR
1
1
2
No.
No.
No
2.11
Supply, install and connect SEMI CIRCULAR FABRIC
(DUCT) 700mm dia. [approx. 10 m each fabric duct]
- Colour is to be confirmed by architect in charge.
Supply, install and connect return air grill c/w filter
on removable core 1200 X 600mm
2
No.
3
No
5
6
L.S.
No
1
1
1
3
No.
No.
L.S.
sets
2.12
2.13
2.14
2.15
2.16
2.17
2.18
Structural openings required for the installation of
AC system. This should include any plastering,
painting etc required for a complete finish.
Supply and install temperature controller
Supply, install, connect and commission, including
all supports ETC, Reverse cycle Heat Pump/VRF
System 200,000 BTU/HR Cooling Capacity c/w all
electrical connections controls etc. for a complete
system
Supply, install and connect Centralised Controller
Test and commission systems
Supply as fitted drawings
TOTAL FOR AIRCONDITION INSTALLATIONS CARRIED FORWARD TO SUMMARY
ON PAGE 64
Page 60
Bill 3 – Electrical Works
ITEM DESCRIPTION
3.00
3.01
3.02
3.03
3.04
ELECTRICAL INSTALLATION
Supply and install the following main switchgear
40 Amp 3-pole outgoing circuit breaker to be
installed within DB AC
Supply, install and connect the following cables on
cable tray, etc as specified. including all cleats,
glands, terminal lugs etc., for a complete system.
FROM DB-AC TO
Air-Conditioning Out Door Unit (4 x 10mm2
XLPE/SWA/PVC)
Supply, Install and connect the following
40 amps RCD c/w weatherproof enclosure (IP65)
Wiring from distribution board using LSZH cable
enclosed in galvanised trunking and PVC conduit
chased in wall/ surface mounted including the
supply of all LSZH cable and wiring accessories
Double pole switch
Supply and install galvanised trunking as indicated
on drawings c/w earth clips etc. for a complete
installation.
QTY
UNIT
1
No.
20
m
1
No.
1
No.
3.05
100mm cable tray
10
3.06
3.07
3.08
150mm cable tray
Testing and Commissioning
Supply as fitted drawings
10
1
3
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
m
/
Rate
m
/
Rate
L.S
sets
TOTAL FOR ELECTRICAL WORKS CARRIED FORWARD TO SUMMARY ON PAGE
64
Page 61
SCHEDULE OF RATES
1.
FOR LABOUR EMPLOYED ON DAYWORK
The Contractor shall insert below the category of labour together with the appropriate "all inclusive" rates
which he considers may be required for use on Daywork and that will apply up the expiration of the
Defects Liability period.
LABOUR CATEGORY
WORKING DAY
HOURLY RATE
€
WORK BEYOND
WORKING DAY
HOURLY RATE
€
MASON
LABOURER
PLUMBER
MECHANICAL FITTER
ASSISTANT MECHANICAL FITTER
ELECTRICAL FITTER
ASSISTANT ELECTRICAL FITTER
WELDER
METAL WORKER
PAINTER
PLASTERER
DRAIN LAYER
Page 62
SCHEDULE OF RATES
II.
FOR PLANT USED ON DAYWORK
The Contractor hall insert below in respect of all items of Plant, which he considers, may be required for
use on Daywork together with the appropriate "all inclusive" rate per hour that will apply up to the
expiration of the Defects Liability period.
LABOUR CATEGORY
WORKING DAY
HOURLY RATE
€
WORK BEYOND
WORKING DAY
HOURLY RATE
€
COMPACTOR
DUMPER
MECHANICAL SHOVEL
CONCRETE MIXER
TRUCK (10 TON)
COMPRESSOR
PIPE BENDING MACHINE
PNEUMATIC DRILL/ JACK
HAMMER
WATER PUMP
STEEL CUTTING MACHINE
PNEUMATIC DRILLING
WELDING EQUIPMENT
TRENCHER
AND OTHER TOOLS
Page 63
TENDER FOR THE SUPPLY, DELIVERY, INSTALLATION, TESTING AND COMMISSIONING OF A VRF SYSTEM
FOR THE ILWIEN CHILD CARE FACILITY AT THE JUNIOR COLLEGE, UNIVERSITY OF MALTA
Summary
Amount
(€)
(including VAT,
Eco Contribution
(if any) and all
other charges as
may be
applicable)
Bill No. 1 Preliminaries
Bill No. 2 Air Conditioning
Bill No. 3 Electrical Works
Grand Total carried forward to Tender Form on page 17
The successful bidder shall be bound to conform in all respects with VAT
legislation and regulations.
The awarded contact will include a 20% contingency.
Signature:
....................................................................
(the person or persons authorised to sign on behalf of the tenderer)
Date:
....................................................................
Page 64
VOLUME 5 – DRAWINGS
Design Documents, including Drawings
Section 5.1
List of drawings attached
No
Name
Drawing No
Date No
1.
Child Care Centre Air
Condition installation layout
09.030.006
05.09.13
2.
3.
4.
5.
6.
Page 65
Section 5.2
List of design documents available – Not Applicable
No
Designer
Design No
Design name
Date
1.
2.
3.
4
Page 66
Page 67