UM1645
TENDER FOR GENERAL BUILDING WORKS AND
FINISHES ON VARIOUS SITES AT THE UNIVERSITY OF
MALTA
Date Published:
22nd May 2012
Closing Date:
13th June 2012
at 10:00am CET
Cost of the Tender Document: €50.00
IMPORTANT:
No Bid Bond is requested for this tender
Clarifications shall be uploaded and will be available to view/download from
www.um.edu.mt/procurement
University of Malta, Procurement Directorate, Administration Building, Msida MSD 2080, Malta.
Tel: (356) 2340 2212/3/5. Fax: (356) 21314307 Email: tenders.procurement@um.edu.mt
Page 1
Table of Contents
Table of Contents ........................................................................................... 2
VOLUME 1 SECTION 1 – INSTRUCTIONS TO TENDERERS .............................................. 4
A. GENERAL PART ........................................................................................... 4
1. General Instructions ........................................................................................................................... 4
2. Timetable ............................................................................................................................................. 4
3. Lots........................................................................................................................................................ 5
4. Financing .............................................................................................................................................. 5
5. Eligibility .............................................................................................................................................. 5
6. Selection Criteria................................................................................................................................ 5
7. Multiple Tenders ................................................................................................................................. 6
8. Tender Expenses ................................................................................................................................. 6
9. Site Inspection..................................................................................................................................... 6
B. TENDER DOCUMENTS.................................................................................... 7
10. Content of Tender Document ......................................................................................................... 7
11. Explanations/Clarification Notes Concerning Tender Documents ........................................... 7
12. Labour Law ........................................................................................................................................ 8
13. Law ...................................................................................................................................................... 8
C. TENDER PREPARATION ................................................................................. 8
14. Language of Tenders ........................................................................................................................ 8
15. Presentation of Tenders .................................................................................................................. 8
16. Content of Tender (Single-Envelope System) .............................................................................. 8
17. Tender Prices .................................................................................................................................... 9
18. Currencies of Tender and Payments ........................................................................................... 10
19. Period of Validity of Tenders ....................................................................................................... 10
20. Tender Guarantee (Bid Bond) ...................................................................................................... 10
21. Variant Solutions............................................................................................................................. 11
22. Preparation and Signing of Tenders ............................................................................................ 11
D. SUBMISSION OF TENDERS ............................................................................ 11
23. Sealing and Marking of Tenders ................................................................................................... 11
24. Extension of Deadline for Submission of Tenders ..................................................................... 11
25. Late Tenders ................................................................................................................................... 11
26. Alterations and Withdrawal of Tenders ..................................................................................... 12
E. OPENING AND EVALUATION OF OFFERS ........................................................... 12
27. Opening of Tenders ........................................................................................................................ 12
28. Secrecy of the Procedure .............................................................................................................. 12
29. Clarification of Tenders ................................................................................................................ 12
30. Tender Evaluation Process ............................................................................................................ 13
31. Correction of Arithmetical Errors ................................................................................................ 13
F. CONTRACT AWARD .................................................................................... 14
32. Criteria for Award .......................................................................................................................... 14
33. Right Of The University of Malta To Accept Or Reject Any Tender ...................................... 14
34. Notification of Award, Contract Clarifications ......................................................................... 14
35. Contract Signing and Performance Guarantee .......................................................................... 15
36. Commencement of Works (Order To Start Works) ................................................................... 16
G. MISCELLANEOUS ....................................................................................... 16
37. Ethics Clauses .................................................................................................................................. 16
38. Data Protection and Freedom of Information ........................................................................... 17
39. Gender Equality .............................................................................................................................. 17
VOLUME 1 SECTION 2 – TENDER FORM ................................................................ 17
VOLUME 1 SECTION 3 – TENDER GUARANTEE FORM – Not Applicable for this tender........ 21
Annex To Tender Guarantee Form – Not Applicable for this tender............................................ 22
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VOLUME 1 SECTION 4 - TENDERER’S STATEMENTS ................................................. 23
1. Statement on Conditions of Employment .................................................................................... 23
2. Experience as Contractor ................................................................................................................ 24
3. Literature/List of Samples - NOT APPLICABLE ............................................................................ 26
VOLUME 1 SECTION 5 – GLOSSARY ..................................................................... 27
VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC PROCUREMENT REGULATIONS ....... 29
Part XIII – Appeals ................................................................................................................................ 29
VOLUME 2 SECTION 1 – DRAFT LETTER OF ACCEPTANCE.......................................... 30
VOLUME 2 SECTION 2 – GENERAL CONDITIONS ...................................................... 31
VOLUME 2 SECTION 3 – SPECIAL CONDITIONS........................................................ 32
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2: Law and language of the contract ............................................................................... 32
3: Order of precedence of contract documents .................................................................. 32
4: Communications .................................................................................................... 32
5: Supervisor and Supervisor's representative .................................................................... 32
8: Supply of Documents .............................................................................................. 33
10: Assistance with Local Regulations ............................................................................. 33
11: The Contractor’s Obligations ................................................................................... 33
13: Performance Guarantee ......................................................................................... 34
14: Insurance ........................................................................................................... 34
15: Performance Programme (Timetable) ......................................................................... 34
17: Contractor’s Drawings............................................................................................ 34
18: Tender Prices ...................................................................................................... 35
22: Interference With Traffic ........................................................................................ 35
25: Demolished Materials............................................................................................. 35
26: Discoveries ......................................................................................................... 35
28: Soil Studies ......................................................................................................... 35
30: Patents and Licences ............................................................................................. 35
31: Commencement Date ............................................................................................ 35
32: Period of Performance ........................................................................................... 35
34: Delays in Execution ............................................................................................... 36
35: Variations and Modifications .................................................................................... 36
37: Work Register ...................................................................................................... 36
38: Origin ................................................................................................................ 36
39: Quality of Works and Materials ................................................................................. 36
40: Inspection and Testing ........................................................................................... 36
42: Ownership of Plants and Materials ............................................................................. 37
43: Payments: General Principles .................................................................................. 37
44: Pre-financing ...................................................................................................... 37
45: Retention Monies .................................................................................................. 37
46: Price Revision ...................................................................................................... 37
47: Measurement ...................................................................................................... 38
48: Interim Payments ................................................................................................. 38
50: Delayed Payments ................................................................................................ 38
53: End Date ............................................................................................................ 38
56: Partial Acceptance................................................................................................ 39
57: Provisional Acceptance .......................................................................................... 39
58: Maintenance Obligations......................................................................................... 39
66: Dispute Settlement by Litigation ............................................................................... 39
VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE .................................. 40
VOLUME 2 SECTION 5 – SPECIMEN PREFINANCING PAYMENT GUARANTEE – Not Applicable
for this tender ............................................................................................. 41
VOLUME 2 SECTION 6 – SPECIMEN RETENTION GUARANTEE – Not Applicable for this
Tender ...................................................................................................... 42
VOLUME 3 - TECHNICAL SPECIFICATIONS ............................................................. 43
VOLUME 4 - FINANCIAL BID.............................................................................. 58
VOLUME 5 – DRAWINGS (Not Applicable for this tender) .......................................... 74
List of drawings attached .................................................................................................................... 74
List of design documents available .................................................................................................... 75
~~~~~~~~~~~~~~~
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VOLUME 1 SECTION 1 – INSTRUCTIONS TO TENDERERS
A. GENERAL PART
1. General Instructions
1.1
In submitting a tender, the tenderer accepts in full and in its entirety, the content
of this tender document, including subsequent Clarifications issued by the
University of Malta, whatever his own corresponding conditions may be, which he
hereby waives. Tenderers are expected to examine carefully and comply with all
instructions, forms, contract provisions and specifications contained in this tender
document.
No account can be taken of any reservation in the tender as regards the tender
document; any disagreement, contradiction, alteration or deviation shall lead to
the tender offer not being considered any further.
The Evaluation Committee shall, after having obtained approval by the General
Contracts Committee, request rectifications in respect of incomplete/nonsubmitted 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 general building works and finishes on various sites at the
University of Malta.
1.3
This is a unit-price (Bill of Quantities) contract.
1.4
The tenderer will bear all costs associated with the preparation and submission of the
tender. The University of Malta will in no case be responsible or liable for such costs,
whatever the conduct or outcome of the procedure.
1.5
The University of Malta retains ownership of all tenders received under this tender
procedure. Consequently, tenderers have no right to have their tenders returned to
them.
2. Timetable
DATE
Clarification Meeting/Site Visit
TIME*
Not applicable
=
Deadline for request for any additional
information from the Contracting Authority
28th May 2012
5.15pm
Last date on which additional information are
issued by the University of Malta
6th June 2012
5.15pm
Deadline for submission of tenders /
Tender Opening Session
13th June 2012
10.00am
(Refer to Clause 9.2)
(unless otherwise modified in terms of Clause 11.3)
* All times Central European Time (CET)
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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.
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(An economic operator may, where appropriate and for a particular contract, rely on
the capacities of other entities, regardless of the legal nature of the links which it
has with them. It must in that case prove to the contracting authority that it will
have at its disposal the resources necessary for the execution of the contract, for
example, by producing an undertaking by those entities to place the necessary
resources at the disposal of the economic operator)
This information must follow the forms in Volume 1, Section 4 of the tender
documents and include:
evidence of relevant experience in execution of works of a similar nature over
the past one (1) year, including the nature and value of the relevant
contracts, as well as works in hand and contractually committed. The
minimum value of projects of a similar nature completed shall be not less
than €5,000.00 per annum.
The minimum number of projects of a similar scope/nature completed in the
last one (1) year must be at least (1) in number.
In so listing the end clients, the tenderer is giving his consent to the Evaluation
Committee, so that the latter may, if it deems necessary, contact the relevant
clients, with a view to obtain from them an opinion on the works provided to
them, by the tenderer.
Data concerning sub-contractors and the percentage of works to be subcontracted:
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
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9.1
A tenderer may visit the site of the works and its surroundings for the purpose of
assessing, at his own responsibility, expense and risk, factors necessary for the
preparation of his tender and the signing of the contract for the works.
B. TENDER DOCUMENTS
10. Content of Tender Document
10.1
The set of tender documents comprises the following documents and should be read
in conjunction with any clarification notes issued in accordance with Clause 24:
Volume 1
Volume 2
Volume 3
Volume 4
Volume 5
Instructions to Tenderers
Draft Letter of Acceptance
General Conditions (available online
www.contracts.gov.mt/conditions)
Special Conditions
Technical Specifications
Model Financial Bid/Bill of Quantities
Drawings
from
10.2
Tenderers bear sole liability for examining with appropriate care the tender
documents, including those design documents available for inspection, and any
clarification notes to the tender documents issued during the tendering period, and
for obtaining reliable information with respect to conditions and obligations that may
in any way affect the amount or nature of the tender or the execution of the works.
In the event that the tenderer is successful, no claim for alteration of the tender
amount will be entertained on the grounds of errors or omissions in the obligations of
the tenderer described above.
10.3
The tenderer must provide all documents required by the provisions of the tender
document. All such documents, without exception, must comply strictly with these
conditions and provisions and contain no alterations made by the tenderer.
11. Explanations/Clarification Notes Concerning Tender Documents
11.1
Tenderers may submit questions in writing to the University of Malta through:
sending an email to tenders.procurement@um.edu.mt
through www.um.edu.mt/procurement/contact
fax number +356 21314307
up to 16 calendar days before the deadline for submission of tenders, that is up to
Monday 28th May 2012. 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
Page 7
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 the bid can be identified as one tender
submission.
(c)
All tenders must be received by date and time indicated in the
timetable at Clause 2 and deposited in the tender box at Room 300A,
Procurement Directorate, Administration Building, University of Malta,
Msida MSD 2080, Malta.
(d)
All packages, as per (b) above, must bear only:
(i)
the above address;
(ii)
the reference of the invitation to tender concerned;
(iii)
the number of the lot(s) to which the tender refers (if
applicable);
(iv)
the name of the tenderer.
16. Content of Tender (Single-Envelope System)
16.1
The tender must comprise the following duly completed documents, inserted in a
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single, sealed envelope (unless their volume requires a separate submission):
(a)
An original bid-bond for the amount of [€...........], in the form provided
NOT APPLICABLE FOR THIS TENDER
in Volume 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)
Experience as Contractor (Volume 1, Section 4)
Tenderer’s Technical Offer in response to specifications
(Volume 3)
Literature/List of Samples
Financial Offer/Bill of Quantities(Note 3)
(i)
(ii)
(iii)
The Tender Form in accordance with the form provided in
Volume 1, Section 2; a separate Tender Form is to be submitted
for each option tendered, each form clearly marked ‘Option 1’,
‘Option 2’ etc.;
A financial bid calculated on a basis of Delivery Duty Paid (DPP)
for the works/supplies tendered including VAT;
Breakdown of the overall price, in the form provided in Volume
4 (Bill of Quantities);
Notes to Clause 16.1:
1. Tenderers will be requested to clarify/rectify, within two working days from
notification, the tender guarantee only in the following two circumstances: either
incorrect validity date, and/or incorrect value.
2. Tenderers will be requested to either clarify/rectify any incorrect and/or
incomplete documentation, and/or submit any missing documents within two
working days from notification.
3. No rectification shall be allowed. Only clarifications on the submitted
information may be requested.
Tenderers must indicate where the above documentation is to be found in their
offer by using an index. All documentation is to be securely bound/filed.
Tenderers are NOT required NOR expected to submit, with their offer, any
components of the tender document except those specifically mentioned in Clause
16.
17. Tender Prices
17.1
The tender price must cover the whole of the works as described in the tender
documents.
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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.
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21. Variant Solutions
21.1
No variant solutions will be accepted. Tenderers must submit a tender in accordance
with the requirements of the tender document.
22. Preparation and Signing of Tenders
22.1
All tenders must be submitted in one original document. Tenders must comprise the
documents specified in Clause 16 above.
22.2
The tenderer’s submission must be typed in, or handwritten in indelible ink. Any pages
on which entries or corrections to his submission have been made must be initialled by
the person or persons signing the tender. All pages must be numbered consecutively by
hand, machine or in any other way acceptable to the University of Malta.
22.3
The tender must contain no changes or alterations, other than those made in
accordance with instructions issued by the University of Malta (issued as clarification
notes) or necessitated by errors on the part of the tenderer. In the latter case,
corrections must be initialled by the person signing the tender.
22.4
The tender will be rejected if it contains any alteration, tampering, addition or
deletion to the tender documents not specified in a clarification note issued by the
University of Malta.
D. SUBMISSION OF TENDERS
23. Sealing and Marking of Tenders
23.1
The tenders must be submitted in English and deposited in the Department’s tender
box before the deadline specified in Clause 2 or as otherwise specified in accordance
with Clause 11.1 and/or 24.1. They must be submitted:
EITHER by recorded delivery (official postal/courier service) or hand delivered to:
Procurement Directorate, Room 300A
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
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will be returned to the tenderers.
25.2
No liability can be accepted for late delivery of tenders. Late tenders will be rejected
and will not be evaluated.
26. Alterations and Withdrawal of Tenders
26.1
Tenderers may alter or withdraw their tenders by written notification prior to the
above deadline. No tender may be altered after the deadline for submission.
26.2
Any notification of alteration or withdrawal must be prepared, sealed, marked and
submitted in accordance with Clause 23, and the envelope must also be marked with
"alteration" or "withdrawal".
26.3
The withdrawal of a tender in the period between the deadline for submission and the
date of expiry of the validity of the tender will result in forfeiture of the tender
guarantee provided for in Clause 20.
E. OPENING AND EVALUATION OF OFFERS
27. Opening of Tenders
27.1
Tenders will be opened by the University of Malta during a public session on the
date and time indicated in the timetable at Clause 2 (or as otherwise specified in
accordance with Clause 11.1 and/or 24.1) at the University of Malta A ‘Summary of
Tenders Received ‘will be published on the notice board at the University of Malta,
Procurement Directorate, Administration Building, 2nd Floor; and shall also be
available
to
view
on
the
University’s
website,
www.um.edu.mt/procurement/service/tender under the respective tender page.
27.2
At the tender opening, the tenderers' names, the tender prices, variants, written
notification of alterations and withdrawals, the presence of the requisite tender
guarantee and any other information the University of Malta may consider appropriate
will be published.
27.3
Envelopes marked "withdrawal" will be read out first and returned to the tenderer.
27.4
Reductions or alterations to tender prices made by tenderers after submission will not
be taken into consideration during the analysis and evaluation of tenders.
28. Secrecy of the Procedure
28.1
After the opening of the tenders, no information about the examination,
clarification, evaluation or comparison of tenders or decisions about the contract
award may be disclosed before the notification of award.
28.2
Information concerning checking, explanation, opinions and comparison of tenders and
recommendations concerning the award of contract, may not be disclosed to tenderers
or any other person not officially involved in the process unless otherwise permitted or
required by law.
28.3
Any attempt by a tenderer to approach any member of the Evaluation
Committee/University of Malta directly during the evaluation period will be considered
legitimate grounds for disqualifying his tender.
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
Page 12
no circumstances alter or try to change the price or content of the tender, except to
correct arithmetical errors discovered by the evaluation committee when analysing
tenders, in accordance with Clause 31.
30. Tender Evaluation Process
30.1
The following should be read in conjunction with Clause 27.
30.2
Part 1: Administrative Compliance
The Evaluation Committee will check the compliance of tenders with the instructions
given in the tender document, and in particular the documentation submitted in
respect of Clause 16.
The Evaluation Committee shall, after having obtained approval by the Department
Contracts Committee, request rectifications in respect of incomplete/non-submitted
information pertinent to the documentation as outlined in sub-Clause 16.1(a), 16.1(b),
and 16.1(c) of these Instructions to Tenderers. Such rectification/s must be submitted
within two (2) working days from notification, and will be subject to a non-refundable
administrative penalty of €50: failure to comply shall result in the tender offer not
being considered any further. No rectification shall be allowed in respect of the
documentation as outlined in sub-Clause 16.1 (d), 16.1(e), and 16.1(f) of these
Instructions to Tenderers. Only clarifications on the submitted information in respect of
the latter may be eventually requested.
30.3
Part 2: Eligibility and Selection Compliance
Tenders which have been considered administratively compliant shall be evaluated for
admissibility as outlined below:
(i) Eligibility Criteria
Tender Form (Volume 1, Section 2)
(ii) Selection Criteria
Evidence of technical capacity
30.4
Part 3: Technical Compliance
At this step of the evaluation process, the Evaluation Committee will analyse the
administratively-compliant tenders’ technical conformity in relation to the technical
specifications (Volume 3, and the documentation requested by the Contracting
Authority as per sub-Clause 16(e)), classifying them technically compliant or noncompliant.
Tenders who are deemed to be provisionally technically compliant through the
evaluation of their technical offer (especially the specifications) shall be requested to
submit samples so that the Evaluation Committee will corroborate the technical
compliance of the offers received.
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
Page 13
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 General Contracts
Committee to communicate the revised price to the tenderer. If the tenderer does not
accept the adjustment, his tender will be rejected and his tender guarantee forfeited.
31.3
When analysing the tender, the evaluation committee will determine the final tender
price after adjusting it on the basis of Clause 31.1.
F. CONTRACT AWARD
32. Criteria for Award
32.1
The sole award criterion will be the price. The contract will be awarded to the
cheapest priced tender satisfying the administrative and technical criteria.
33. Right Of The University of Malta To Accept Or Reject Any Tender
33.1
The University of Malta reserves the right to accept or reject any tender and/or to
cancel the whole tender procedure and reject all tenders. The University of Malta
reserves the right to initiate a new invitation to tender.
33.2
The University of Malta reserves the right to conclude the contract with the successful
tenderer within the limits of the funds available. It can decide to reduce the scope of
works or to ask for a discount from the cheapest compliant tenderer.
33.3
In the event of a tender procedure's cancellation, tenderers will be notified by the
University of Malta. If the tender procedure is cancelled before the outer envelope of
any tender has been opened, the sealed envelopes will be returned, unopened, to the
tenderers.
33.4
Cancellation may occur where:
(a) the tender procedure has been unsuccessful, namely where no qualitatively or
financially worthwhile tender has been received or there has been no response
at all;
(b) the economic or technical parameters of the project have been fundamentally
altered;
(c) exceptional circumstances or force majeure render normal performance of the
project impossible;
(d) all technically compliant tenders exceed the financial resources available;
(e) there have been irregularities in the procedure, in particular where these have
prevented fair competition.
In no circumstances will the University of Malta be liable for damages, whatever
their nature (in particular damages for loss of profits) or relationship to the
cancellation of a tender, even if the University of Malta has been advised of the
possibility of damages. The publication of a contract notice does not commit the
University of Malta to implement the programme or project announced.
34. Notification of Award, Contract Clarifications
34.1
Prior to the expiration of the period of validity of tenders, the University of Malta will
notify the successful tenderer, in writing, that his tender has been recommended for
Page 14
award by the General Contracts Committee, pending any appeal being lodged in terms
of Part XIII of the Public Procurement Regulations (being reproduced in Volume 1,
Section 6).
34.2
Unsuccessful bidders shall be notified with the outcome of the evaluation process, and
will be provided the following information:
(i) the criteria for award;
(ii) the name of the successful tenderer;
(iii) the recommended price of the successful bidder;
(iv) the reasons why the tenderer did not meet the technical specifications/notification
that the offer was not the cheapest (if applicable);
(v) the deadline for filing a notice of objection (appeal);
(vi) the deposit required if lodging an appeal.
34.3
The recommendations of the Evaluation Committee and the Department Contracts
Committee shall be published on the Notice Board of the University of Malta,
Procurement Directorate, Administration Building, 2nd Floor, and published online on
the University of Malta’s website, www.um.edu.mt/procurement/service/tender under
the respective tender page.
35. Contract Signing and Performance Guarantee
35.1
After the lapse of the appeals period, and pending that no objections have been
received and/or upheld, the successful tenderer may be invited to clarify certain
contractual questions raised therein. Such clarification will be confined to issues that
had no direct bearing on the choice of the successful tender. The outcome of any such
clarifications will be set out in a Memorandum of Understanding, to be signed by both
parties and incorporated into the letter of acceptance.
35.2
Within 7 calendar days of receiving the letter of acceptance (against acknowledgment
of receipt) from the University of Malta, the successful tenderer will sign a copy of the
Letter of Acceptance and date the Letter of Acceptance and return it to the University
of Malta with the performance guarantee and the Financial Identification Form (if
applicable).
35.3
Before the University of Malta sends the Letter of Acceptance to the successful
tenderer, the successful tenderer may be requested to provide the documentary proof
or statements required to show that it does not fall into any of the exclusion situations
listed in Clause 7 of the Tender Form (Volume 1, Section 2). The above mentioned
documents must be submitted by every member of a Joint Venture/Consortium (if
applicable).
35.4
If the selected tenderer fails to sign and return the copy of the Letter of Acceptance,
other 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
Page 15
30 days of the signing of the Final Statement of Account (Final Bill), unless the Special
Conditions provide otherwise.
36. Commencement of Works (Order To Start Works)
36.1
Following the signing of the contract by both parties, the Supervisor will issue a written
notice of commencement of the works in accordance with the General Conditions, as
specified by the Special Conditions.
36.2
The Contractor must inform the University of Malta's representative by return that he
has received the notice.
G. MISCELLANEOUS
37. Ethics Clauses
37.1
Any attempt by a candidate or tenderer to obtain confidential information, enter into
unlawful agreements with competitors or influence the committee or the University of
Malta during the process of examining, clarifying, evaluating and comparing tenders
will lead to the rejection of his candidacy or tender and may result in administrative
penalties.
37.2
Without the University of Malta's prior written authorisation, the Contractor and his
staff or any other company with which the Contractor is associated or linked may not,
even on an ancillary or sub-contracting basis, supply other services, carry out works or
supply equipment for the project. This prohibition also applies to any other
programmes or projects that could, owing to the nature of the contract, give rise to a
conflict of interest on the part of the Contractor.
37.3
When putting forward a candidacy or tender, the candidate or tenderer must declare
that he is affected by no potential conflict of interest, and that he has no particular
link with other tenderers or parties involved in the project.
37.4
The Contractor must at all time act impartially and as a faithful adviser in accordance
with the code of conduct of his profession. He must refrain from making public
statements about the project or services without the Contracting Authority's prior
approval. He may not commit the Contracting Authority in any way without its prior
written consent.
37.5
For the duration of the contract, the Contractor and his staff must respect human
rights and 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
Page 16
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.
VOLUME 1 SECTION 2 – TENDER FORM
(A separate, distinct Tender Form must be submitted for EACH OPTION – if applicable - submitted)
<Tender for general building works and finishes on various sites at the University of Malta> <UM1645>
A. TENDER
SUBMITTED BY:
In case of a Joint Venture/Consortium:
Name(s) of Leader/Partner(s)
Leader 1
Partner
(This will be included in the Summary of Tenders Received)
Nationality
Proportion
of
Responsibilities2
1
Etc …
Page 17
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
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
[UM1645] of [22/05/2012]. 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 No. 1 - Excavation works
Bill No. 2 - Masonry Works below DPC
Page 18
Bill No.
Bill No.
Bill No.
Bill No.
Bill No.
3
3
4
5
6
7
-
Masonry Works above DPC
Concrete, Paviour and Tiling Works
Plastering and Decoration Works
Waterproofing and Drain System
Dayworks
The Grand Total Price of our tender (inclusive of duties, VAT, other taxes/charges, Eco-Contribution (if
any) and any discounts) is:
Grand Total: [……………………………………………] (from the Grand Summary on page 70 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)
(b)
Tender Guarantee (Note 1)
o Bid Bond (not applicable)
General Information (Note 2)
o Proof of Purchase (Receipt)
o Statement on Conditions of Employment
(c)
Selection Criteria (Note 2)
Financial and Economic Standing (Note 2)
o Not applicable
Page 19
(d)
Technical Capacity (Note 3)
● Experience as Contractor
(e)
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 20
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 fi rst 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 21
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 22
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 23
2. Experience as Contractor
List of contracts of similar nature and extent performed during the past one (1) year:
Name of
Project/
Kind of works
Total value of
works the
contractor was
responsible for
Period of
Contract
Starting
Date
Percentage of
works
completed
Client/Contracting
Authority and
place
Prime
Contractor
(P)
Or SubContractor
(S)
Final
Acceptance
Issued?
Yes
Not Yet
(current
contract)
No
(A) Malta
Page 24
Name of Project/
Kind of works
Total value of
works the
contractor was
responsible for
Period of
Contract
Starting
Date
Percentage of
works
completed
Client/
Contracting
Authority and
place
Prime
Contractor
(P)
Or SubContractor
(S)
Final
Acceptance
Issued?
Yes
Not Yet
(current
contract)
No
(B) Abroad
(not
applicable)
Signature:
....................................................................
(the person or persons authorised to sign on behalf of the tenderer)
Date:
....................................................................
Page 25
3. Literature/List of Samples
NOT APPLICABLE
1. List of literature to be submitted with the tender:
Item
Description
Reference in Technical
Specifications
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
2. List of samples to be submitted 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 26
VOLUME 1 SECTION 5 – GLOSSARY
Definitions
Note: the present definitions are given here for convenience only, in the context of the tender procedure.
The definitions set out in the contract as concluded are determining for the relations between the parties
to the contract.
Administrative order: Any instruction or order issued by the Engineer to the Contractor in writing regarding
the execution of the works.
Breakdown of the overall price: A heading-by-heading list of the rates and costs making up the price for a
lump-sum contract.
University of Malta: means the Department of Contracts
Contracting Authority: means the final beneficiary
Conflict of interest: Any event influencing the capacity of a candidate, tenderer or supplier to give an
objective and impartial professional opinion, or preventing him, at any moment, from giving priority to the
interests of the University of Malta and the Contracting Authority. Any consideration relating to possible
contracts in the future or conflict with other commitments, past or present, of a candidate, tenderer or
supplier, or any conflict with his own interests. These restrictions also apply to sub-contractors and
employees of the candidate, tenderer or supplier.
Contract value: The total value of the contract to be paid by the Contracting Authority in terms of the
agreed terms and conditions.
Contractor: The successful tenderer, once all parties have signed the contract.
Day: Calendar day.
Dayworks: Varied work inputs subject to payment on an hourly basis for the Contractor's employees and
plant.
Defects Notification Period: The period stated in the contract immediately following the date of provisional
acceptance, during which the Contractor is required to complete the works and to remedy defects or faults
as instructed by the Engineer.
Drawings: Drawings provided by the Contracting Authority and/or the Engineer, and/or drawings provided by
the Contractor and approved by the Engineer, for the carrying out of the works.
Engineer's representative: Any natural or legal person, designated by the Engineer as such under the
contract, and empowered to represent the Engineer in the performance of his functions, and in exercising
such rights and/or powers as have been delegated to him. In this case, references to the Engineer will
include his representative.
Equipment: Machinery, apparatus, components and any other articles intended for use in the works
Evaluation committee: a committee made up of an odd number of voting members (at least three)
appointed by the University of Malta and possessing the technical, linguistic and administrative capacities
necessary to give an informed opinion on tenders.
Final acceptance certificate: Certificate(s) issued by the Engineer to the Contractor at the end of the
defects notification period stating that the Contractor has completed his obligations to construct, complete,
and maintain the works concerned.
Final Beneficiary: The Department/Entity or other government body on whose behalf the Department of
Contracts has issued this tender.
Foreign currency: Any currency permissible under the applicable provisions and regulations other than the
Euro, which has been indicated in the tender.
Page 27
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 28
VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC PROCUREMENT
REGULATIONS
Part XIII - Appeals
The procedure for the submission of appeals is stipulated in Part XIII of the Public Procurement
Regulations (Legal Notice 296/2010), reproduced hereunder for ease of reference.
(1)
Any tenderer or candidate concerned, or any person, having or having had an interest or who has been
harmed or risks being harmed by an alleged infringement or by any decision taken including a proposed
award in obtaining a contract or a cancellation of a call for tender, may file a notice of objection with
the Review Board.
The notice shall be filed within ten calendar days following the date on which the contracting
authority has by fax or other electronic means sent its proposed award decision.
The communication to each tenderer of the proposed award shall be accompanied by a summary of the
relevant reasons relating to the rejection of the tender as set out in regulation 44(3), and by a precise
statement of the exact standstill period.
The notice of objection shall only be valid if accompanied by a deposit equivalent to one per cent of
the estimated value of the tender submitted by the tenderer, provided that in no case shall the
deposit be less than one thousand and two hundred euro (€1,200) or more than fifty-eight thousand
euro (€58,000). The Secretary of the Review Board shall immediately notify the Director that an
objection had been filed with his authority thereby immediately suspending the award procedure. The
Department of Contracts or the contracting authority involved, as the case may be, shall be precluded
from concluding the contract during the period of ten calendar days allowed for the submission of
appeals. The award process shall be completely suspended if an appeal is eventually submitted.
(2)
The procedure to be followed in submitting and determining complaints as well as the conditions under
which such complaints may be filed shall be the following:
(a)
any decision by the General Contracts Committee (or a Special Contracts Committee) and by a
contracting authority, shall be made public at the Department of Contracts or at the office of
the contracting authority prior to the award of the contract;
(b)
the notice of objection duly filed in accordance with sub-regulation (1) shall be made public by
the Review Board not later than the next working day following its filing;
(c)
within three working days of the publication of the replies the Secretary of the Review Board
shall prepare a report (the Analysis Report) analysing the letter of objection. This report shall
be circulated to the persons who file an objection and interested parties. After the
preparatory process is duly completed, the Head of the contracting authority shall forward to
the Chairman of the Review Board all documentation pertaining to the call for tenders in
question including files, tenders submitted, copies of deposit receipts, any motivated letter,
who shall then proceed as stipulated in Part XIV;
(d)
the Director or the Head of the contracting authority shall publish a copy of the decision of
the Review Board at his department or at the premises of the relevant contracting authority,
as the case may be.
Copies of the decision shall be forwarded by the Secretary of the Board to the complaining tenderer,
any persons who had registered or had an implied interest, the Director of Contracts and to the
contracting authority concerned.
Page 29
VOLUME 2
VOLUME 2 SECTION 1 – DRAFT LETTER OF ACCEPTANCE
Our Ref: EB/eb/_______
[……………………………………..]
[……………………………………..]
[……………………………………..]
[……………………………………..]
[……………………………………..]
Attn [……………………………………..] [……………………………………..]
Dear Sirs,
UM/1645 -
Tender for general building works and finishes on various sites at the University of Malta.
This is to inform you that your Tender, dated the [……………………………………..], for the above mentioned goods
in caption, made under the abovementioned Call for Tenders, has been accepted by the University of Malta
in full compliance with the General Conditions of Contract that were attached to the Tender Documents.
As undertaken by your good selves in the tender you are to supply, deliver and install, the detailed furniture
as
per
tender
specifications
within
[……………………………………..]weeks,
for
a
sum
of
[……………………………………..]and provisional day works valued at [……………………………………..], both inclusive of
VAT and all as detailed and further amplified in your tendered offer no: [……………………………………..]dated the
[……………………………………..].
As undertaken by you in your tender and as stated in the General Conditions of Contract, you are to ensure
full compliance with the scope to affect delivery as detailed in the specifications. In this connection, your
attention is hereby being drawn to the relative Clauses of the General Conditions of Contract dealing with
your liabilities for failure to comply with the specifications referred to above.
Your attention is hereby drawn to Clause 35 of the Instruction to Tenderers, wherein you are required to
furnish the University of Malta, within 7 (seven) calendar days from the receipt/signatures of this Letter of
Acceptance, with a Bank Guarantee drawn on a local Maltese Bank for the amount of 10 (ten) % of the value
of this Contract and with a validity to expire on the __________ 20__. Said Guarantee has to be referenced
with the relevant Tender Number.
Failure to produce the said guarantee within the prescribed 7 (seven) days period may lead to the Contract
being considered as having been abandoned, in which case, you will become liable to the relevant penalties
stipulated in the General conditions of Contract.
Yours faithfully,
Director of Procurement
I agree and confirm
------------------------Name of Tenderer & Signature
Page 30
VOLUME 2 SECTION 2 – GENERAL CONDITIONS
The full set of General Conditions for Works Contracts (Version 1.02 dated 1 December
2011) can be viewed/downloaded from:
www.contracts.gov.mt/conditions
It is hereby construed that the tenderers have availed themselves of these general
conditions, and have read and accepted in full and without reservation the conditions
outlined therein, and are therefore waiving any standard terms and conditions which they
may have.
These general conditions will form an integral part of the contract that will be signed with
the successful tenderer/s.
Page 31
VOLUME 2 SECTION 3 – SPECIAL CONDITIONS
These conditions amplify and supplement, if necessary, the General
Conditions governing the contract. Unless the Special Conditions provide
otherwise, those General Conditions remain fully applicable. The numbering
of the Articles of the Special Conditions is not consecutive but follows the
numbering of the Articles of the General Conditions. Other Special Conditions
should be indicated afterwards.
Article 2: Law and language of the contract
2.1
The Laws of Malta shall apply in all matters not covered by the provisions of the
contract.
2.2
The language used shall be English.
Article 3: Order of precedence of contract documents
The contract is made up of the following documents, in order of precedence:
(a) the 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 5: Supervisor and Supervisor's representative
i) The Supervisor (and or Architect in Charge) and Supervisor's representative
(and or Project Manager as delegated), shall have the power, during the course
of the work, to order the contractor to remove from the site any materials which
are considered to be of an inferior quality. He shall also have the power to order
the removal and a proper re-execution of any work executed with the rejected
materials in a manner contrary to the spirit of the specifications. Such orders
shall be carried out by the contractor at 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
Page 32
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 8: Supply of Documents
All drawings and a copy of the specifications shall be furnished to the contractor
for his own use. The architects shall furnish to the contractor, at his request, any
instructions which, in the opinion of the architect are necessary for the execution
of any part of the work, such request to be made only within a reasonable time
for it is necessary to execute such a work in order to fulfil the contract.
Article 10: Assistance with Local Regulations
The contractor shall comply with and fulfil all obligations imposed by Act 19 of
the Police Laws and shall give all notices, obtain all permits; pay all fees that
may be lawfully demanded by Public Offices in respect of works and complies
with all requirements of the law and lawful authority.
The contractor shall be responsible for the satisfactory working of the complete
installation to the entire satisfaction of the Engineer as regards workmanship,
materials, execution and maintenance within the guarantee periods specified and
shall be responsible for compliance with all Statutory and Local Regulations and
for compliance with all the tests required by the Engineer and all tests required
by Enemalta Corporation.
Article 11: The Contractor’s Obligations
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
Page 33
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 13: Performance Guarantee
The value of the Performance Guarantee is 10% of the Contract value.
The performance guarantee shall be in the format given in Annex IV and shall be
provided in the form of a bank guarantee. It shall be issued by a bank in
accordance with the eligibility criteria applicable for the award of the contract.
The guarantee will only be released in accordance with the Conditions of
Contract.
Article 14: Insurance
a)
All risks insurance:
The contractor is to insure in the joint names of the Contracting Authority, the
works against loss and damage by fire, storm tempest, lightning, floods,
earthquake, aircraft or anything dropped there from aerial objects, riot and civil
commotion for the full value thereof plus 15% of all the works executed and all
unfixed materials intended for, delivered to or placed on or adjacent to the
works and shall keep such works, materials so insured until the completion of the
works.
b)
Third party insurance:
Without in any way limiting his responsibility under paragraph (a) above, the
contractor shall effect a policy of insurance against the risks mentioned therein
to cover an amount of not less than €1,200,000 (one million two hundred
thousand Euro) for any one occurrence with the number of occurrences
unlimited. The policy shall be in the joint names of the Contracting Authority and
the contractor and shall include cross liabilities clauses
Article 15: Performance Programme (Timetable)
Seven clear days before intended commencement of any works the Contractor
shall furnish a, programme of works, as the architect and project manager shall
require.
Before proceeding with the execution of the work, the contractor shall obtain the
architects’ and project manager's approval of the manner in which he proposes to
carry out each portion of the work.
Article 17: Contractor’s Drawings
Seven clear days before intended commencement of any works the Contractor
shall furnish such working drawings or information, as the architect and project
manager shall require.
Page 34
Article 18: 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 22: Interference With Traffic
As per General Conditions
Article 25: Demolished Materials
25.1
As per General Conditions
25.4
As per General Conditions
Article 26: Discoveries
26.2
As per General Conditions
26.3
As per General Conditions
Article 28: Soil Studies
28.1
As per General Conditions
Article 30: Patents and Licences
30.1
As per General Conditions
Article 31: Commencement Date
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 32: Period of Performance
Page 35
32.1
It is to be made absolutely clear that all works envisaged in this contract are
to be completed by not later than six (6) weeks from the order to start work
which will be issued following the Letter of Acceptance by the Director –
Estate and Works Department and/or his delegate.
Article 34: Delays in Execution
34.1
If the Contractor fails to start the works assigned to him on the specified starting
date, a penalty of one thousand two hundred Euros (€1200) per day including
Sundays and public holidays shall be imposed until the works have commenced.
Subsequently the Contractor shall be subject to a penalty for delay of one
thousand two hundred Euros (€ 1200) per day inclusive of Sundays and Public
Holidays for any delays over the 12 week period, up to a limit of 20% of the
awarded contract. As soon as this figure is reached the Contracting Authority
reserves the right to invoke Clause 34.2 ( c ) of the General Conditions.
Article 35: Variations and Modifications
35.7
As per General Conditions
35.8
As per General Conditions
35.9
Final measurements of all the works carried out shall be prepared within a
reasonable period after the works are completed and paid according to the
applicable rates detailed in the Bill of Quantities.
Article 37: Work Register
37.1
As per General Conditions
Article 38: Origin
38.1
As per General Conditions
Article 39: Quality of Works and Materials
39.2
a)
All materials required for the completion of the works specified shall be
provided by the contractor.
b)
The work is to be carried out in the best customary practice and the
architect in charge is to be satisfied that the 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 40: Inspection and Testing
Page 36
40.2
Tests on any materials, causes, etc. may be taken at any time during the course
of the works and the contractor shall be bound to provide the architect with all
such assistance, instruments, machines, labour and materials as are normally
required for examining, measuring and testing any work, and the quality, weight
or quantity of any materials used and shall supply samples of materials before
incorporation in the works, for testing as may be required by the architects, the
Project Manager or Supervisor.
Article 42: Ownership of Plants and Materials
42.2
Article 42 of the General Conditions shall be understood to refer to all
equipment, temporary structures, plant and materials brought on site by the
Contractor.
Article 43: Payments: General Principles
43.1
Payments will be made in Euro.
(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.
43.3
Whenever the 30-day period is mentioned in this article, it is deemed to be 60
days.
Article 44: Pre-financing
44.1
Not Applicable to this Tender
Article 45: Retention Monies
45.2
The balance of 5% of the contract sum retained as per Article 43.1 above, will be
retained for the duration of the defects liability period as stipulated in Article 39
(d) above and will only be refunded if defective work, if any, had been made
good to the satisfaction of the architects, the Project Manager and/or the
Supervisor of the Contracting Authority.
Article 46: Price Revision
46.1
No price revisions are allowed
46.2
Prices contained in the Contractor's tender shall be deemed:
a) to have been determined on the basis of the conditions in force 30 days
prior to the latest date fixed for submission of tenders or, in the case of
direct agreement contracts, on the date of the contract;
Page 37
b) to have taken account of the legislation and the relevant tax
arrangements applicable at the reference date fixed in Article 46.3(a).
46.3
In the event of changes to, or introduction of, any national or state statute,
ordinance, decree or other law, or any regulation or bye-law of any local or other
public authority, after the date stated in Article 46.3 which causes a change in
the contractual relationship between the parties to the contract, the Contracting
Authority and the Contractor shall consult on how best to proceed further under
the contract, and may as a result of such consultation decide, with the prior
approval of the Central Government Authority:
a) to modify the contract; or
b) to provide for compensation for any imbalance caused by one Party to
the other; or
c) to terminate the contract by mutual agreement.
46.4
In the event of a delay in the execution of the works for which the Contractor is
responsible, or at the end of the period of performance revised as necessary in
accordance with the contract, there shall be no further revision of prices within
the 30 days before provisional acceptance, except for the application of a new
price index, if this is to the benefit of the Contracting Authority.
46.5
In the event of a delay in the execution of the works for which the Contractor is
responsible, or at the end of the period of performance revised as necessary in
accordance with the contract, there shall be no further revision of prices within
the 30 days before provisional acceptance, except for the application of a new
price index, if this is to the benefit of the Contracting Authority.
Article 47: Measurement
47.2
Final measurements of all the works carried out shall be prepared within a
reasonable period after the works are completed and paid according to the
applicable rates detailed in the Bill of Quantities
Article 48: Interim Payments
48.1
In line with article 48. 1 of the General Conditions, an interim certificate of
payment may be issued at intervals of not less than one month and not more than
three months intervals against invoices from the Contractor.
Article 50: Delayed Payments
50.1
The period quoted in Article 50.1 of the General Conditions may be subject to
change according to the particular needs of the Department
50.2
Once the deadline laid down in Article 50.1 has expired, the Contractor may,
within two months of late payment, claim late-payment interest:
a contractor would become entitled to the payment of interest at 2% over the
rate of interest established by the Central Bank of Malta for the particular
period.
By way of exception, when the interest calculated in accordance with this
provision is lower than or equal to €200, it shall be paid to the Contractor only
upon a demand submitted within two months of receiving late payment.
Article 53: End Date
Page 38
Malta Funds
Article 53 of the General Conditions is not applicable.
Article 56: Partial Acceptance
56.3
Not Applicable
Article 57: Provisional Acceptance
As per General Conditions
Article 58: Maintenance Obligations
58.6
The Contractor shall replace at his expense any work, which is proven to be
defective even after completion.
Article 66: Dispute Settlement by Litigation
Any dispute between the Parties that may arise during the performance of this
contract and that has not been possible to settle otherwise between the Parties
shall be submitted to the arbitration of the Malta Arbitration Centre in
accordance with the Arbitration Act (Chapter 387) of the Laws of Malta.
This law is based on “Model Law” which is the Model Law on International
Commercial Arbitration adopted on June 21, 1985 by the United Nations
Commission on International Trade Law reproduced in the First Schedule of the
Arbitration Act.
Page 39
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 40
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 there under or of any of the contract documents which may be made between you
and the Contractor shall in any way release us from any liability under this guarantee. We hereby waive
notice of any such change, addition or modification.
The guarantee will enter into force and take effect from the [indicate the date of payment of the 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 41
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 there under or of any of the contract documents which may be made between you
and the Contractor shall in any way release us from any liability under this guarantee. We hereby waive
notice of any such change, addition or modification.
The guarantee will enter into force and take effect from the [indicate the date of payment of the sums
retained under the contract] and shall be valid until the date of issue of the certificate of final acceptance.
We note that you will release the guarantee and notify us of the fact at the latest within thirty days of the
date of issue of this certificate.
Done at ………….., ../../..
Name and first name: …………………………… On behalf of: …………………
Signature: ……………..
[stamp of the body providing the guarantee]
Page 42
VOLUME 3 - TECHNICAL SPECIFICATIONS
Note:
Where in this tender document a standard is quoted, it is to be understood that the
Contracting Authority will accept equivalent standards. However, it will be the
responsibility of the respective bidders to prove that the standards they quoted are
equivalent to the standards requested by the Contracting Authority.
3.1
Excavations
Generally

The Contractor shall judge for himself the nature and conditions of the site and
allow for excavation by the appropriate means to give the correct dimension and
levels in the ground conditions encountered. Blasting of rock is not allowed.
Agreement of Surface Levels

Before any excavation or filling is commenced, the levels of the original surface are
to be mutually agreed between the Estates & Works Director, the Architect and the
Contractor and such agreement recorded on drawings which are to be signed by the
Estates & Works Director, the Architect and the Contractor.
Setting Out and Levelling

Before commencing any excavation the Contractor shall satisfy himself that any
dimensions, setting out and levels, whether on site or shown on the drawings are
correct.
If not satisfied with their accuracy he should give written notice to the Project
Manager and ask for instructions, as otherwise no claim will be entertained.
Timbering and other works

The Contractor shall allow for all necessary erection and subsequent removal of
sheeting, timbering, strutting, shoring, etc. to excavations and trenches to ensure
the safety of the workmen and freedom from damage to any structures, buildings,
streets, sewers, drawings, party or other walls, and services that may be effected,
and to secure the excavations and to prevent any movement.
Remedial works caused by the absence or failure of timbering, strutting, etc., are to
be carried out at the Contractor’s expense.

Keeping Excavations Dry
The Contractor should allow for all necessary pumping and bailing of excavations
and no claims for flooding excavations for any reason whatsoever will be
Page 43
considered. Where flooding is liable to occur continuous pumping shall be instituted
and in no circumstances shall excavation be allowed to become sodden.
The floor of the excavation shall be finally cleared of all loose material, soft rock,
etc. and water, immediately prior to concrete placing.

Excavation Too Deep
Excavations for pits, trenches, bases, etc. shall be formed correct levels.
Excavations are to be approved by the Estates & Works Director and the Architect
before concreting or covering up. Excavations in excess of the drawings or Estates
& Works Director’s and the Architect’s instructions are to be filled in with concrete
similar to that of adjacent work.

Fill Material
Fill material shall be crushed rock sand or crushed rock aggregate conforming to BS
882:1992. The material shall be well graded and lie within the grading envelop as
follows:BS Sieve Size
Percentage by Mass Passing
75mm
37.5mm
10mm
5mm
60um
75um
100
85 - 100
45 - 100
25 - 85
8 - 45
0 - 10
The particle size shall be determined by the washing and sieving method of BS 812
Part 103.
The material passing 425 um BS sieve when tested in compliance with BS 1377 shall
have a plasticity index of less than 6.
The material shall satisfy the minimum CBR requirement when tested in accordance
with BS 1377 Test 16, with surcharge discs. The material shall be tested at the
density and moisture content likely to develop in equilibrium pavement conditions,
which shall be taken as being the density relating to a uniform air voids content of
5% and the optimum moisture content determined in compliance with BS 5835.
The material shall be transported, laid and compacted at a moisture content within
the range 1% above to 2% below the optimum moisture content determined in
compliance with BS 5835 and without drying out or segregation.
The material shall have 10% fines value of 50 kN or more when tested in compliance
with BS 812 except that the samples shall be tested in a saturated and surface dried
condition. Prior to testing the selected test portions shall be soaked in water at
room temperature for 24 hour without previously having been over dried.

Breaking the Surface
Page 44
Bituminous surfaced roads shall be broken out to the full depth of the surfacing at
the initial stage using a tarmac saw. All loose materials shall be removed to ensure
that the trench edge is in safe and stable condition. All trenches shall have parallel
sides. The trench width shall be such as to allow for workmen to work comfortably.
Any trench work for the passage of services has to be back-filled with granular
materials, compacted by machine and the road surface reinstated with dense
bitumen macadam to the satisfaction of the architects.

Excavation
All excavation in the road shall be carried out in a manner, which avoids undue
damage to the road structure. All excavating equipment shall be capable of
carrying out the excavation to the required depth, in any material likely to be
encountered.
3.2

Excavated Material
a)
Excavated material if required on site adjacent to the trench, shall be
stockpiled at a safe distance from the trench edge. Only a very small
stockpile will be allowed. Contractor will have to either fill irregularly or
remove extra material. No extra claim will be entertained and the Estates &
Works Director and the Architect have the right to ask Contractor to remove
the material.
b)
All excavated materials that are to be re-used should be protected from
excessive drying or wetting during storage. Additionally, these materials
should be excavated, stored, handled and laid so as to avoid contamination
and the loss of times.
c)
Excavated material unsuitable for re-use shall be removed from the site as
soon as practicable.
Masonry and Blockwork

Masonry Work
Masonry work shall mainly consist of single and double block and stone walls and
shall include copings, jambs, stone lintels, ventilators and all other items that are
associated with the trade of masonry.

Stone
Best quality franka stone from an approved quarry and free of defects shall be used.
Any inferior quality stone like “Soll” or stone with other defects such as exposed
iron traces shall be rejected.
All stone shall be dressed off site and brought to site on pallets. No stone dressing
will be allowed on site. The heads of stone may be cut on site to produce a straight
vertical joint but the horizontal joint has to be prepared before.
Page 45
All stone is to be dressed to square faces with sharp arises on exposed faces. Stone
having edges in corners chipped shall be rejected; for these purposes the Contractor
shall at all times have on the site a squaring and planning machine.
Exposed faces shall be scraped smooth to what is locally called “fuq il-fil” as
directed and to the satisfaction of the Estates & Works Director and the Architect.
Exposed joints shall not exceed 12mm in thickness in horizontal bedding and 6mm in
vertical jointing.
In bedding of stone upon stone, after wetting the stone, the Mason shall spread the
mortar to the required thickness evenly throughout the whole surface of the stone
and not just over the corners.
All masonry is to be built with horizontal joints truly level and vertical joints
breaking course by not less than 150mm.
Stone in walling, copings, etc. shall be placed with the grain or natural bed
horizontal or vertical in the case of copings.
A sample has to be prepared which shall be accepted by the Director, Estates
and Works and the Architect and all future work shall be according to the
sample.
Walls

Double walls in stone shall be 350mm thick, with an outer skin of 150mm and an
inner skin of 150mm and 50mm cavity. Double walls in 450mm shall be two skins of
225mm each.
Bond stones in all double walls shall be laid in every course, 2.13m apart from
centre to centre. Bonding of secondary to the double walls is to be properly carried
out by toothing into every alternate course.
Single walls shall be in stone 175mm thick or as indicated on drawings or as directed
by the Estates & Works Director and the Architect.
Foundation walls are to be laid in cement mortar composed of one part cement and
not more than six parts of fine aggregate.
Pre-Cast Concrete Blocks

Pre-cast concrete blocks are to be of an approved manufacture and shall have
passed the test for compressive strength and moisture absorption required under
Sanitary Laws and Regulations.
Dimensions of the blocks shall be as shown on the drawings and as described in
these Technical Specifications.

Damp Proof Course
Damp proof layer where indicated shall be formed according to Sanitary
Regulations, not less than 12mm thick consisting of tar and sand applied hot.
Page 46
Vertical damp proofing shall consist of two coats hot tar paint of approved quality
applied to vertical surfaces with a brush. Besides a primary light coat shall also be
applied.

Mortar
The lime used for mortar shall be first quality derived from coralline limestone.
Mortar for stone walling shall consist of one part of lime mortar to two parts of
finings derived by sieving from soft-stone chippings, measured by volume. Soft stone
dust derived from mechanically operated quarries shall not be used in the
preparation of mortar. Mortar for concrete block walling shall consist of one part
cement, one part lime and six parts approved sand, measured by volume. Cement
mortar where specified is to be composed of one part cement to three parts
approved
sand or hard-stone finings and when mixed to be used immediately.
Mortar is to be prepared in bulk with clean fresh water, well mixed and allowed to
mature prior to use. It shall be further worked up with water in small batches as
and when required for use.

Stone, Jambs, Sills, etc.
Jamb stones of all openings in double walls shall in every alternate course, extend
through the whole thickness of the wall.
Sills on all openings are to be in one stone as shown on drawings and existing on all
floors, and relieving arches are to be formed on all lintels. All sills shall be sloped
to the outside.
All chases required for the fixing of doors and/or windows and any other purpose
shall be cut where and as directed by the Estates & Works Director and the
Architect.
3.3
Reinforced Concrete

Concrete Works
The works, unless otherwise stated, are to be carried out by the Contractor
comprising the following:Preparation of the necessary shuttering for all concrete works including those in
foundations.
The construction of floor slabs, beams, lintols, strip footings, rainwater gutter
and sub floor, including the supply and cutting, hoisting and tying in place of all
the required reinforcement. Concrete to be Grade 30 for slabs, columns and
beams (all conforming to BS 5328). Mixes for all other RC members are to have
Grade 25 concrete (refer to Item 4.4.8).
The Estates & Works Director and the Architect shall carry out all concrete work
in strict accordance with the drawings and/or as directed.
Page 47

Cement
Cement is to be Portland cement conforming to BS 12 and the latest BSS. The
Estates & Works Director and the Architect are to be consulted about the brand of
cement to be used. It is to be stored in a dry, well-ventilated place with boarded
flooring. Partially set cement or damaged cement bags must not be used in
reinforced concrete works.

Aggregate
Coarse aggregate shall consist of first quality hard crushed stone to pass a 20mm
mesh screen, and retained on a 5mm screen, well graded between these limits to
yield a compact mass.
Sand or fine aggregate is to be clean, sharp and gritty, free from loamy matter and
other deleterious substances to pass a 6mm mesh screen, well graded between
these limits.
The sand is to be washed and screened when so directed by the Estates & Works
Director at the expense of the Contractor.

Water
Clean, fresh water, entirely free from organic matter shall be used. The necessary
quantities of water shall be provided by the Contractor at his own expense.

Steel Reinforcement
All steel reinforcement shall conform in all respects to BSS 4449:1969: all bar
reinforcement is to be of the deformed type. All fabric reinforcement shall be
sheets welded steel to comply with BSS 1221 A.
The Estates & Works Director and the Architect may order tests on any steel prior to
it being used on the works. All reinforcement shall be placed strictly as shown in
drawings or as directed. It is to be fixed so as to prevent displacement before or
during the process of tamping and ramming of the concrete in place.
When the reinforcement is in position ready for concreting, the Contractor must
notify the Estates & Works Director and the Architect, who are to arrange for it to
be checked before any of it is covered up with concrete. Such checking will not
relieve the Contractor from any of his responsibilities under the Contract.

Formwork
All formwork for beams and slabs shall be true to line and sufficiently strong to
carry the dead weight of wet concrete plus incidental loading without noticeable
deflection. It should be sufficiently rigid to guard against movement whilst
concrete is being vibrated into position.
All formwork shall be adequately braced and strutted during the period of maturing
of concrete.
Page 48
The minimum period before any formwork is removed shall be established by the
Estates & Works Director and the Architect, but this period should not be less than
the following:


Vertical surfaces to beam sides
Beam soffit (props to be left under)
Removal of props to beams
12 to 24 hours
7 days
14 days
Immediately after striking any shuttering/sheeting, all air holes and other
irregularities in the exposed surfaces shall be filled in or otherwise made good.
Cement and sand mortar (1:3) is to be used for filling. No plastering of defective
concrete will be permitted. All formwork must be carefully cleaned out before any
concreting takes place and also wetted with clean water. Boards shall butt close
together to prevent leakage of the fine stuff and shall be treated in a way to
facilitate striking.

Concrete Floors
All concrete floors, internally and externally are to be laid to the required thickness
and gradients as directed by the Estates & Works Director and the Architect. Floors
are to be cast in bays and the joints 12mm x 19mm (deep) are to be filled with a
bitumen/rubber compound such as “Plastijoint” or a similar and approved brand.
Floors are to be given a smooth finish with a power float.
All in-situ concrete elements have to be covered with a plastic sheet the day after
concreting is done.

Ready Mixed Concrete
Ready mixed concrete may be used from approved supplies and after the Estates &
Works Director and the Architect are satisfied that adequate laboratory-testing
facilities exist at the suppliers end. The clauses under cement, aggregate and water
shall strictly apply.
The concrete mix is to have such consistency and composition that it can be worked
readily into the corners and angles of the forms and around the reinforcement
without permitting the mix to segregate. Contractor shall have on site at all times a
slump cone and the required number of 150mm cube moulds. Samples of concrete
delivered to site shall be taken and the number of cubes made will be determined
by the Estates & Works Director and the Architect.
Special care is to be taken to ensure that all test cubes are made, cured, handled
and tested to BS 1881. A record of such tests is to be kept on such forms as
provided by the Estates & Works Director and properly kept for inspection by him
and the Architect.
Works tests are to be carried out at the Contractor’s expense at an approved
laboratory and shall conform to the following.
A 125mm thick polystyrene sheet is to be laid between the reinforced concrete roof
and the stone course to act as an expansion joint.
Page 49
Class
Grade
Members
1
30
Columns
Slab Beams
2
25
Flooring
Walls
Cube strength 7 Cube strength 28
days after deliver to days after delivery
site
to site
Work Test
25
N/sq.mm
Work Test
30
N/sq.mm
17
N/sq.mm
25
N/sq.mm
10
N/sq.mm
15
N/sq.
mm
Steps
Lintels
3
15
Blinding
Concrete
Concrete representative of a failed test cube at 28 days shall be removed and
replaced at the Contractor’s expense. In addition to the strength required for
concrete at 28 days, a test cube, which produces less than the strength required at
7 days after delivery to site, shall be considered liable to have insufficient strength
at 28 days.
A mechanical vibrator shall be used throughout all concrete works. All concerned
items below DPC shall be rendered waterproof by adding of additives.

Admixtures
All structural concrete shall contain the correct dosage of super-plasticiser,
according to the specified dosage of the approved admixture.

Depositing and Compacting
Not more than 35 minutes shall elapse between mixing and placing of concrete on
site. Placing should proceed continuously so that as far as possible complete
sections of the mesh is deposited in one operation. Concrete shall be carefully
placed round reinforcement bars and compacted with a mechanical vibrator at all
times.

Bonding
Before depositing fresh concrete on or against concrete, which has not hardened the
surface, is to be well brushed with neat cement slurry.

Sliding Layer
A sliding layer composed of a plastic sheet (in duplicate) shall be laid on the upper
surface of walls, immediately below the concrete slab at roof level and wherever
this is required by the Architect, at no extra cost.
Page 50

Pre-stressed/Precast Concrete Roof Slabs
Roof slabs shall be constructed as shown on drawings and/or as directed by the
Estates & Works Director and the Architect.
The pre-stressed concrete roof slabs shall be manufacturers in accordance with BS
8110: Structural use of Concrete. Grade 30 concrete (minimum) shall be used in
their manufacture.
The pre-stressed concrete planks shall exhibit a high standard of finish.
Only those pre-stressed planks, which are accompanied by a certificate signed by an
Architect and Civil Engineer, shall be accepted.
Deflection cracks shall be limited to a maximum width of 0.1mm.
Planks are to be capable of withstanding transport, hoisting, laying in place and the
superimposed loads, and shall have a minimum crushing strength at 28 days of 33
N/sq.mm (4850 Lbf/sq. in.).
Trimming and/or finishing of planks on site of works will not be permitted.
Pre-stressed planks are to be placed to the following tolerance:

longitudinally +/- 12mm
transversely +/- 15mm
The grouting in between the planks shall be carried out during the same pour as the
concrete topping.
Concrete for grouting shall have an aggregate size of not more than 12mm. All
grouting shall be mechanically vibrated and shall contain 20mm continuity
reinforcing bars as directed.
All grouting and concrete topping shall be cured in accordance with BS 8110.
A 125mm thick polystyrene sheet is to be laid between the pre-stressed panels and
the stone course to act as an expansion joint.
Beneath the slabs the last course of walling is to be a reinforced concrete ring
beam. Also, immediately below the slabs a sheet of plastic shall be laid as a sliding
joint.
Tenderers must submit with their tender document, the properties including
deflections and calculations signed by a qualified Architect and Civil Engineer.
3.4
Waterproofing and Roof Drainage
Waterproofing is to consist of a concrete screed overlain by a waterproof
membrane. The screed shall consist of a Grade C 20 concrete layer laid in bays to
the required thickness and gradients, average 100mm with rounded fillets,
smoothed and overlain first by a bituminous tacking coat in two layers and then by
an approved 4mm thick rubberised bituminous of fibreglass membrane. Each bay
forming the concrete screed is to be of an approved size, which is not to exceed 15
Page 51
sq.m. A 12mm construction joint is to be made between bays and filled with a
“Flexcell” type compound or a similar and approved brand except for the last 12mm
by 18mm which is to be filled with a “Plastijoint” type of rubberised bituminous
compound. A construction joint is also to be made between screed and the lowest
course of parapet wall and filled as described above. At least one week must elapse
before concreting adjacent bays in the screed.
The waterproof membrane is to be composed of one layer of 4mm thickness of
bitumen - based multi-layered membrane with polyester fibreglass reinforcement
and finished on the upper side with mineral granules, coloured with weather-stable
inorganic pigments. The membrane must have a minimum weight of 3.0 Kg. per
square metre.
The bituminous membrane shall have the following characteristics:a)
b)
c)
d)
e)
f)
g)
h)
j)
Softening and near running point of bitumen 140 deg. C.
Ultimate longitudinal elongation 50%.
Ultimate transversal elongation 50%.
Ultimate resistance due to longitudinal stress 80-kg/5 cm.
Ultimate resistance due to transversal stress 60-kg/5 cm.
Reinforced with non-woven polyester fabric.
Impermeable to water completely.
Minimum thickness 3.55mm, weight 4.0 kg./sq.m.
A longitudinal strip of membrane free from removable finish of 10cm
minimum width, is to be provided for overlapping purposes.
The membrane is to withstand pedestrian traffic for everyday maintenance
requirements.
The membrane is to be of a light grey colour. Tenderer is to specify the colour
range available.
The membrane is to withstand the local temperature conditions without adverse
effects. Tenderer is to state a guarantee period against which defective material
would have to be replaced.
The membrane is to be fixed by torch welding. It should have a minimum side lap
of 100mm (4 ins.) and end lap of 150mm (6 ins.)
When the concrete screeds meet a wall, the membrane is to be continued
uninterrupted by at least the height of 300mm. Since the work combines vertical
and horizontal surfaces, the membrane must not soften below 90o C.
The membrane is to be carefully dressed over and around any drain outlets.
At the termination point of the membrane on the vertical surface of the wall, the
top edge is to be either embedded in the joint of the stone or else taken up the
whole vertical height and continued on the horizontal until the joint between the
two skins is covered.
3.5
Decoration Works
Page 52
3.5.1 All concrete faces of slabs, lintols, beams and concrete block wall internally and/or
externally are to be rendered in two coats; the first to consist of 1:3 cement; sand
9mm thick and the second 1:2:6 cement:sand:lime 9mm thick and colour painted in
one undercoat and two coats of paint good for the particular environment to the
satisfaction of the Estates & Works Director and the Architect. It is the Contractor's
responsibility to provide a perfectly smooth corner or finish. Therefore if the
concrete work is not correct then it is the Contractor's responsibility to amend it at
no extra cost to the client. The whole of the plaster's work is to be finished with
true and even surfaces, angles and arises and left perfect on completion.
Internally, corners are to be fitted with a galvanised steel (or aluminium or stainless
steel) beading and externally straight timber beams shall be used to make the
corners straight. External concrete surfaces are to be rendered "fracas" finish and
paint with one undercoat and two coats of external type paint. Stone surfaces,
which require to be rendered, have to be picked at no extra cost.
3.5.2 Portland cement used in rendering shall be of an approved brand and comply with
BS 12:19.
3.5.3 Lime for undercoats and rendering is to be of an approved quality. Quick lime shall
be slaked in an appropriate manner.
3.5.4 All colours and tints have to be decided by the Estates & Works Director and the
Architect.
3.5.5 Clean and fresh water, entirely free from organic matter shall be used. Contractor
shall provide the necessary quantities of water at his own expense.
3.5.6 Sand or fine aggregate is to be clean, sharp and gritty, free from loamy matter and
other deleterious substances to pass a 6mm mesh sieve and retaining 25% on a 3mm
screen wall graded between these limits. The sand is to be washed and screened
when so directed by the Architect in charge at the expense of the Contractor.
3.5.7 The surface to be rendered shall be cleaned of loose mortar, fins, laitance,
efflorescence, grease or dust. Rendered surfaces to receive further coats of
tendering shall be open textured, scratched or nail-floated and shall be sufficiently
matured before a subsequent layer is applied.
The whole of the plasterer's work is to be finished with true and even surfaces,
angles and arises, and left perfect on completion. Surfaces which are uneven or
which are not plumb shall be dubbed out with mortar before being rendered. In
some cases it may be necessary to the Contractor to apply additional rendering
coats without extra charge.
3.5.8 Before pointing, vertical and horizontal joints of all external walls are to be raked
to a depth of 12mm. All the joints are to be opened to the same width, the
horizontal joint should be 10mm and the vertical joint should be 5-6mm. The joints
shall then be pointed in plasticised sand/cement mortar of a white colour, which
does not crack. The sand/cement/plasticiser/water ratio shall be according to the
plasticiser's manufacturer's instructions. In this respect the Contractor is to submit
technical literature of the plasticiser he intends to use for approval by the Estates &
Works Director and the Architect. The external stonewalls are to be well wetted to
remove dust before the joints are pointed. After pointing, the walls shall again be
scraped smooth and left with a natural stone finish. No "xahx" will be allowed.
Page 53
3.5.9 Raking and pointing of all internal masonry walls are to be as described for external
walls. One coat undercoat and three coats of acrylic paint or other paint guaranteed
against fungal growth are to be applied, the colours to be determined by the Estates
& Works Director and the Architect.
3.5.10 Before applying any paint, surfaces shall be allowed to dry out completely. Any
efflorescence shall be removed by wiping first with a dry coarse cloth and then with
a damp cloth. The surface shall then be left for 48 hours to see if further
efflorescence has passed. The surfaces shall be cleaned to remove dust, dirt,
plaster splashes, etc., cracks and other imperfections shall be cut out and made
good with a suitable plaster or a sand/cement mix as appropriate, and making good
shall be allowed to dry out thoroughly. When the surfaces are completely dry they
shall be treated as described above.
3.6
Porcelain Stoneware Tiles
3.6.1 Porcelain stoneware tiles shall consist of 9mm thick unglazed dust pressed tiles, of
the best quality, true to shape, and free from defects or blemishes. They shall
conform to BS6431 Part 6, or to EN176, having a water absorption of less than 0.5%
(B1 classification in EN87),a resistance to deep abrasion of less than 205mm volume
removed, (when tested to EN102), a surface hardness greater than 6 (Mohs scale),
and an extremely high resistance to chemical attack, and hard wear compatible
with public internal circulation areas. In the external areas, porcelain stoneware
tiles shall have a non-slip surface texture, such as produced by square indentations.
The tiles shall be 300mm x 300mm, in matt or polished finish, with a minutely
granulated or sandy surface texture, in beige, grey and terracotta colours.
3.6.2 Tenderers shall submit samples of proposed tiles, properly marked on reverse side,
and together with all the necessary manufacturer’s specifications and instructions,
when submitting this tender.
3.6.3 Tiles shall be laid with their edges forming straight unbroken lines, in each
direction, to produce even flat surfaces (or laid to falls where so indicated), without
ridges or corrugations.
Tiles shall be laid on a cement/sand mortar, in accordance with the manufacturer’s
instructions. The support surface shall be free of dust, pieces of mortar and scrap,
and shall be wetted prior to application of mortar. A fine layer of dry cement
(“dusting”) shall be laid on the surface of the fresh-levelled mortar surface. After
laying, the floor surface must be sufficiently wet so as water will reach the dry
cement bed throughout the interstitial spaces. All joints shall be sealed by grouting
cement or organic-based mortar with appropriate colouring.
3.6.4 Any tiles or laying of tiles, declared by the Architect to be defective, of inferior
quality, or otherwise not satisfying these specifications shall be replaced
immediately so indicated by the Architect, at the sole expense of the contractor.
This replacement shall not be taken as authorisation by the Architect to extend the
completion period, and hence the contractor may still be liable to further penalties
for any delays incurred through this reason.
3.70 Antistatic Vinyl
Page 54
3.7.1 The contractor shall prepare the floor in accordance with the manufacturer ‘s
instructors. Adhesives as recommended by the manufacturer shall be used. Rubber
latex or acrylic emulsion shall be applied to even out the sub floor.
3.7.2 The vinyl floor shall be of an extra duty homogeneous calendared construction with
colour and patter extending throughout the thickness of the vinyl top surface. It
shall consist of a mixture of polymers with non-vaporising, plasticiser, stabilisers,
mineral additives and colourfast pigments. It shall not contain fibrous filler such as
asbestos. It shall comply with BS 3261 Type A or DIN 16951. It shall conform to
Health Technical Memorandum HTM:61.
3.7.3 The anti-static vinyl floor shall have the following characteristics:
Properties
Thickness
Weight
Wear Class
Electrical Resistance
Sound Absorption
Thermal Resistance
Fire Resistance
Colour Fastness
Chemical Resistance
Results
Standard / Test
2mm
3.15kg/s.m.
K5
Agreement G5WS
Ca 109 ohm
DIN 51953
Ca +4bB
DIN 52210
Ca 0.01 s.m. k/w
DIN 52612
BI
DIN 4102
Level 7
DIN 53388
Resistant to dilute acids and DIN 51958
alkalis.
Loss of Thickness
Ca 0.10mm
DIN 51963
Point Load Resistance Ca 0.02mm
DIN 51955
Castor
Chair Suitable
FIN 54324
Resistance
3.7.4 The vinyl flooring shall be of a colour as approved by the Estates & Works Director.
3.7.5 The sheets shall be cut and unrolled at least 24 hours prior to their application at a
temperature not lower than 18O C so that the material can settle.
3.7.6 The sub floor shall be primed by the recommended adhesive and brushed well in the
reverse side of the material must all be primed before applying adhesive. After a 48
hours period from priming, an impact adhesive shall then be applied with a finely
notched trowel on the tread and riser and with a brush on the noising.
3.7.7 To minimise the number of joints, sheet flooring should be laid down the length of
the room where possible.
3.7.8 When seams are necessary, an overlap of approx. 200mm shall be provided.
3.7.9 After laying, the flooring shall be rolled in both directions using a 65kg roller and
then hot welded using a welding rod. A period of at least 24 hours shall be allowed
for the adhesive to property set, before welding. When the weld has cooled to room
temperature, it shall be trimmed off flush to the surface of the material by means
of a trimming spatula.
3.7.10 Sit-on coved skirting shall be fitted on to the walls after the floor covering has been
laid. They shall have a feathered edge at the floor for extra safety. It shall be
Page 55
manufactured from extruded PVC and shall be flexible surface but rigid enough to
retain its performed shape. They shall be about 199mm wide x 100mm high x x2mm
thick with 10mm radius of the cove.
3.7.11 Sections of the skirting shall be cut to length on site using a sharp knife. Rough
edges are filed and smoothed. It is sealed by hot or cold welding as appropriate
using a silicone rubber sealant of the appropriate colour spread into the joint.
Double contact adhesive should be used to both surfaces for fixing.
3.7.12 Edge strips shall be installed at unprotected or exposed edges and where floor
terminates.
3.7.13 After laying and removing loose dirt and surplus adhesive the adhesive should be
allowed to dry for at least 72 hours before use. Traffic is prohibited during period.
The floor shall be cleaned using a natural cleaner as per manufacturer’s
instructions. Two or three coats of floor dressing shall then be applied using a clean
cloth, mop or applicator. Care should be taken to whether the dressing is buff able,
semi-buff able or dry-bright.
3.7.14 The anti-static vinyl flooring shall be cleaned and maintained during the guarantee
period as per manufacturer’s instructions.
3.7.15 The material and works shall be guaranteed against bad workmanship and defective
material for two years. Tenderers shall give details of the cleaning and maintenance
they intend to carry out during the guarantee period.
Page 56
Page 57
VOLUME 4 - FINANCIAL BID
Bills of Quantities
Bill No. 1
-
Excavation works
Bill No. 2
-
Masonry Works below DPC
Bill No. 3
-
Masonry Works above DPC
Bill No. 4
-
Concrete, Paviour and Tiling Works
Bill No. 5
-
Plastering and Decoration Works
Bill No. 6
-
Waterproofing and Drain System
Bill No. 7
-
Dayworks
Page 58
Bill No. 1 - Excavation Works
Item
Description
1.01(a)
Excavate in compact ground, load
and cart away to authorised dumping
areas.
-ditto- but for trench works,
foundations, pits.
Excavate in any rock material, load
and cart away to authorised dumping
areas.
-ditto- but for trench works,
foundations, pits.
1.01(b)
1.02(a)
1.02(b)
1.03
1.05
1
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)
100m3
50m3
100m3
50 m3
Supply and Install heavy duty PVC
pipes, laid underground as follows:(a) 50 mm
(b) 110 mm
1.04
Qty
50 m
50 m
Supply and Install 150 mm. wide PVC
floor drains bedded and surrounded
with in situ concrete Grade 15,
complete with cover grating/grille.
10 m
Form manhole 600mm x 600 mm x
600 mm deep including heavy duty
reinforced plastic cover.
2 No
Total for Clearing and Excavation carried to Summary on Page
70
Page 59
Bill No. 2 - Masonry Works below DPC
Item
2.01
2.02
2.03
2.04
2.05
2.
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)
Construct
230mm
(9”)
thick
limestone masonry walls, quarry
faced both sides bedded and jointed
in cement mortar and including filling
of trenches and ramming around 50 m2
walls with hardcore.
- ditto - but 600/450mm thick quarry
faced both sides made of two blocks
230mm thick.
50 m2
Extra over for fair facing to one side
only.
50 m2
Supply and lay horizontal PVC damp
proof course.
100 m2
Supply and apply vertical damp
proofing where required, consisting
of two coats hot pitch over primer
coat of tar or equivalent.
150 m2
Total for Masonry Works below DPC carried to Summary on
Page 70
Page 60
Bill No. 3 - Masonry Works above DPC
Item
3.01
3.02
3.03(a)
3.03(b)
3.03(c)
3.04
3.05
3.06
3.07
3.08
3.09
3.10
3.11
3.12
3.13
3.14
Description
Soft stonewalls shall be laid, bedded
and pointed in lime mortar as
specified. Rates shall include for
door and window openings, sills,
lintols, recesses, fascias, copings,
etc.
Pilasters shall be measured
separately.
Construct 400mm thick stonewalls,
fair-faced both sides, and consisting
of two skins of 175mm thick each
with the intervening cavity left open.
Construct 230mm thick masonry walls
fair-faced both sides.
- ditto - but 175mm thick.
Extra over for wall prepared for ‘fuq
il-fil’ fresh.
Extra over for chamfered edge to top
of parapet wall.
Construct walls from 230mm thick
precast concrete hollow blocks external type.
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)
200 m2
200 m2
100 m2
150m2
100m
150m2
- ditto - but internal type.
10 m2
- ditto - but 150mm thick.
50 m2
- ditto but 100 mm thick
50 m2
- ditto but 50 mm thick as cladding
face.
50 m2
Carefully dismantle 230 mm thick
masonry wall, load and cart away to
authorised dumping areas.
50 m2
Supply and Build in :
(a) 305 x 127 x 42 kg RSJ
10 m
(b) 254 x 146 x 37 kg RSJ
10 m
(c) 203 x 133 x 30 kg RSJ
10 m
Block doors and windows in 230 mm
thick masonry walls
10 m2
Make openings in 600mm thick
masonry walls for doors and windows
including the formation of jambs,
sills and lintels
10 m2
-ditto-but in 230mm thick masonry
walls
10 m2
Formation of recesses for A/C units in
30m
stone/CHB wall.
Page 61
3.
Total for Masonry Works above DPC carried to Summary on
Page 70
Page 62
Bill No. 4 - Concrete and Tiling Works
Item
4.01
4.02
4.03
4.04(a)
4.04(b)
4.05
4.06
4.07
Description
Rates shall include for plasticiser and
all necessary formwork, which shall be
sufficiently
rigid
to
withstand
mechanical vibration. Reinforcement
is measured separately.
Construct concrete levelling course
under masonry walls.
(Concrete Grade 20)
Construct 100mm thick concrete
(Grade 20) sub floor, spread and
levelled.
Supply and fill cavities in masonry
walls and precast concrete blocks with
concrete (Grade 20).
Construct 150mm thick floor slab in:
concrete Grade 30 spread, levelled and
trowelled smooth by hand. Rate to
include for surface hardener and dust
proofer.
–ditto- but C25
Construct
reinforced
concrete
stairs/steps including 2 layers C503
mesh.
Supply and fill with concrete Grade 15
- aggregate 20 mm down to surround
PVC pipes laid underground.
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)
10 m3
300 m2
10 m3
200 m2
300 m2
40m
20 m3
Supply and fix in place mild/high yield
in place. Rate is to include for cutting
and bending.
(a)
(b)
(c)
(d)
(e)
(f)
25mm diameter
20mm diameter
12mm diameter
10mm diameter
BRC C503 steel mesh
BRC A98 steel mesh
200 kg.
200 kg.
200 kg.
200 kg.
200 m2
150 m2
Note: Steel mesh measured net, no
allowance shall be made for overlaps.
Balance C/F
Page 63
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)
Balance B/F
4.08
4.09
4.10(a)
4.10(b)
4.10(c)
4.11
4.12
4.13a)
4.13b)
4.14
4.15
4.16
4.17
Supply and Spread lean concrete
sub floor at least 50mm thick,
directly under floor tiles.
Supply and lay terrazzo tiles 300
mm x 300 mm x 29 mm
mechanically ground and polished
after laying.
Supply and fix ‘gres type’ ceramic
floor tiles size 300mm x 300mm
x9mm thick (colour to be specified
by architect) to BS 6431 and 5385,
bedded in cement sand mortar (1:3)
6mm thick minimum
-Ditto- ceramic floor tiles but size
450mm x 450mm x 9mm thick.
-Ditto- as 4.10(a) but glazed
Break up existing wall and floor
tiles, load and cart away resultant
material from site.
Construct
reinforced
concrete
lintols (Grade C20) Reinforcement
measured separately.
Construct
reinforced
concrete
(Grade C30 ) roof suspended slab
150mm thick with one BRC mesh C
503
Construct
reinforced
concrete
suspended slab, composed of precast T beams and concrete
Blockwork to carry an imposed load
of 5kN/m2 over a clear span of 4m.
Extra over for every 25mm
additional thickness of concrete to
roof suspended slab
Supply and lay 20 mm thick Carrara
marble to door threshold and
windowsills.
Supply and fix 100mm high and
15mm thick resin marble skirting.
Carefully remove existing Sanitary
ware consisting of WC and/or WHB.
100 m2
100 m2
200 m2
50 m2
30 m2
50m2
2 m3
100 m2
100 m2
100 m2
20 m2
50 m
6 No.
Page 64
Balance c/f
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)
Balance b/f
4.18
4.19
4.
Carefully remove timber doors and
frames and transport to store as
directed by Estates Director.
4 No.
Extra over 4.04(b) for forming of 200 m2
ramps
Total for Concrete & Tiling Works carried to Summary on
Page 70
Page 65
Bill No. 5 - Plastering & Decoration Works
Item
5.01
5.02
5.03
5.04
5.05
5.06
5.07
5.08
5.09
5.10
Description
Rake
out
joints
of
internal
stonewalls; point with lime mortar
to a neat flush joint; scrape, sand
and apply one coat lime wash.
Rake
out
joints
of
external
stonewalls, and point with white
cement to a neat joint.
Render in two coats concrete internal
surfaces: undercoat of cement and
sand plaster (1:3 mix) 3 mm thick
and a finishing coat of cement-limesand (1:1:6) 6 mm thick and applying
one coat lime wash.
- Ditto - but in Gypsum Plaster
Extra over for corner reinforces for
item 3 and 4.
Rake
out
joints
of
external
stonewalls and fill in with a white
lime stucco into the stone thickness
(fuq il-fil).
The joints shall be
provided
with
a
plasticised
sand/cement mortar of stone colour,
which does not crack. Sand down
surface to true and even surface.
Prepare, rub down, clean and apply
to internal walls one undercoat and
two coats of acrylic paint, to a colour
as chosen by the Estates & Works
Director
- Ditto - but one coat of acrylic paint.
Prepare, knot and prime, stop and
apply two finishing coats of varnish
paint on timber doors including
linings and architraves.
Repair underside of reinforced
concrete slab.
Price inclusive of
dislodging all spalling concrete,
treatment of reinforced steel with
anti rust compounds, and rendering
the resultant patch of slab
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)
450 m2
450 m2
400 m2
200 m2
50 m
300 m2
800 m2
200 m2
10 m2
100m
2
Balance C/F
Page 66
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
Balance B/F
5.11
5.12
5
Supply,
Install
and
finish
demountable gypsum Partitioning
systems 100mm thick, including all
studs,
channels
and
bottom
sections, angles and all other
ancillaries.
Supply and fix in place a white
mineral fibreboard soffit ceiling
dune texture formed by 600mm x
600mm panels carried by a Tegular
system.
150 m2
100 m2
Total for Plastering & Decorating Works carried to Summary on
Page 70
Page 67
Bill No. 6 – Waterproofing and Drain Systems
Item
6.01
6.02
6.03
6.04
6.05
6.06
6
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
Supply and apply 4mm thick
polyester bituminous waterproofing
membrane with 75mm overlaps,
laid over a bituminous primer, torch
welded to concrete roof and
extended a minimum 300mm up the
parapet wall.
300 m2
Take
up
existing
waterproof
membrane, load and cart away
resultant material from site.
300 m2
Supply and fix to walls 100mm
diameter heavy gauge external
quality PVC rainwater pipe from
roof level to existing system. The
pipes are to be fixed to walls by
non-ferrous screws, which do not
stain the masonry walls.
10 m
Ditto but 125 mm diam. Pipes
10 m
Extra on vertical pipe work for 100
mm diam PVC bends and junctions
5 No
Supply and install 100 mm PVC
gulleys traps connected to vertical
down pipes
5 No
Total for Waterproofing and Drain systems carried to
Summary on Page 70
Page 68
BILL No. 7 - Dayworks (Provisional)
Item
Description
Qty
Unit
Unit Rate
(€)
(including
VAT, Eco
Contribution
(if any) and
all other
charges as
may be
applicable
Total
(€)
(including
VAT, Eco
Contribution
(if any) and
all other
charges as
may be
applicable
(Provisional)
Preamble
Dayworks will only be payable when
expressly ordered in writing by the
Engineer.
Labour
The rates payable in respect of
labour shall be in accordance with
the Schedule of Rates detailed at
Appendix I.
Such rates shall
include
for
supervision
and
provision of small tools.
Materials
The costs payable in respect of
materials shall be chargeable at the
net price paid by the Contractor for
the materials delivered to site after
deduction of all discounts and
before applying the percentage
addition of 10% (ten percent) for
Contractor’s services.
Plant
The rates payable in respect of
plant shall be in accordance with
the Schedule of Rates detailed at
Appendix II. However, a reduction
of 20% of the schedule of rates
shall be made for electrically
operated plant when the supply of
electrical energy is supplied free of
charge by the Employer. When the
plant used on Dayworks is
authorised as “standing”, the
schedule rate shall be reduced by
33%.
End of Preamble
Page 69
Item
7.01
Description
Qty
Unit
Unit Rate
(€)
(including
VAT, Eco
Contribution
(if any) and
all other
charges as
may be
applicable
Total
(€)
(including
VAT, Eco
Contribution
(if any) and
all other
charges as
may be
applicable
Labour
Provide the sum of € 11,000 for the
cost of labour. These costs shall be
charged at the actual hours
worked.
The rate shall cover all other
charges of every description,
including
bonus
incentives,
superintendence,
foreman,
administrative staff, timekeeper,
insurances, pensions, holidays with
pay, use of small tools (including
sharpening), appliances and plant
(not included in ‘plant’ below),
establishment charges and profit.
11,000
7.02
Materials
Provide the sum of € 5000 for the
net cost of materials expended on
Dayworks.
Add to the above cost a percentage
of 10% (to be stated and extended)
to cover the cost of delivery,
unloading,
unpacking,
storing,
protecting, hoisting, distributing on
site and for all establishment
charges and profit.
5,500
7.03
Plant
Provide the sum of €6500 for the
cost of plant used on Dayworks.
The rate shall cover all costs
including driver/attendant, fuel,
establishment charges and profit in
connection with the use of plant on
Dayworks.
6,500
7.
Total Dayworks carried to Summary on Page 70
23,000
Page 70
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 Dayworks and that will apply up the
expiration of the Defects Liability period.
LABOUR CATEGORY
WORKING DAY
HOURLY RATE
€
WORK BEYOND
WORKING DAY
HOURLY RATE
€
MASON
LABOURER
PLUMBER
MECHANICAL FITTER
ASSISTANT MECHANICAL FITTER
ELECTRICAL FITTER
ASSISTANT ELECTRICAL FITTER
TILE LAYER
METAL WORKER
PAINTER
PLASTERER
DRAIN LAYER
Page 71
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 Dayworks 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 72
GRAND SUMMARY
UM/1645 - Tender for General Building Works and Finishes on
Various sites at the University of Malta
Summary
Amount
(€)
(including VAT, Eco Contribution
(if any) and all other charges as
may be applicable
Bill No. 1 - Clearing and Excavation
Bill No. 2 - Works below Damp Proof Course
Bill No. 3 - Masonry works above DPC
Bill No. 4 - Concrete and Tiling Works
Bill No. 5 - Plastering & Decoration Works
Bill No. 6 – Waterproofing and Drain system
Bill No. 7- Dayworks (Provisional)
23,000
Grand Total (carried forward to tender form on
page18)
The successful bidder shall be bound to conform in all respects with VAT legislation and
regulations.
Page 73
VOLUME 5 – DRAWINGS (Not Applicable for this tender)
Design Documents, including Drawings
Section 5.1
List of drawings attached
No
Name
Drawing No
Date No
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Page 74
Section 5.2
List of design documents available
No
Designer
Design No
Design name
Date
1.
2.
3.
4
Page 75