L-UNIVERSITA TA’ MALTA Msida MSD 2080 – Malta UNIVERSITY OF MALTA Msida MSD 2080 - Malta DIPARTIMENT TAL-PROCUREMENT PROCUREMENT DIRECTORATE IMPORTANT NOTICE TO PROSPECTIVE BIDDERS UM 1668 THE SOFT COPY OF THIS TENDER DOCUMENT IS AVAILABLE FOR DOWNLOAD FROM: www.um.edu.mt/procurement. ANY CLARIFICATIONS OR ADDENDA TO THE TENDER DOCUMENT WILL BE UPLOADED ON THE SAME WEBSITE. PROSPECTIVE BIDDERS, WHO DO NOT COLLECT A HARD COPY OF THE TENDER DOCUMENT FROM THE UNIVERSITY OF MALTA, ARE TO REGISTER THEIR RESPECTIVE CONTACT DETAILS AT:tenders.procurement@um.edu.mt QUOTING THE TENDER NUMBER DOWNLOADED, SO THAT ANY CLARIFICATIONS / COMMUNICATIONS PERTAINING TO THIS TENDER PROCEDURE ARE COMMUNICATED TO THEM IN DUE TIME AS PER TENDER DOCUMENTS. THE UNIVERSITY OF MALTA SHALL NOT BE HELD RESPONSIBLE FOR ANY MISDEMEANOUR IF THIS CONDITION IS NOT ADHERED TO. TEL: (356) 2340 2212/3/5 FAX: 2131 4307 Page 1 UM1668 TENDER FOR THE SUPPLY, DELIVERY & INSTALLATION OF SEAWATER TANKS FOR THE BIOLOGY DEPARTMENT, UNIVERSITY OF MALTA. Date Published: 21st August 2012 Closing Date: 12th September 2012 at 10:00am CET Cost of the Tender Document: FOC IMPORTANT: No Bid Bond is requested for this tender Clarifications shall be uploaded and will be available to view/download from www.um.edu.mt/procurement University of Malta, Procurement Directorate, Administration Building Msida MSD 2080, Malta. Tel: (356) 2340 2212/3/5. Fax: (356) 21314307 Email: tenders.procurement@um.edu.mt Page 2 Table of Contents Table of Contents ........................................................................................... 3 VOLUME 1 SECTION 1 – INSTRUCTIONS TO TENDERERS .............................................. 5 A. GENERAL PART ........................................................................................... 5 1. General Instructions ........................................................................................................................... 5 2. Timetable ............................................................................................................................................. 5 3. Lots........................................................................................................................................................ 5 4. Financing .............................................................................................................................................. 6 5. Eligibility .............................................................................................................................................. 6 6. Selection Criteria................................................................................................................................ 6 7. Multiple Tenders ................................................................................................................................. 7 8. Tender Expenses ................................................................................................................................. 7 9. Site Inspection..................................................................................................................................... 7 B. TENDER DOCUMENTS.................................................................................... 7 10. Content of Tender Document ......................................................................................................... 7 11. Explanations/Clarification Notes Concerning Tender Documents ........................................... 8 12. Labour Law ........................................................................................................................................ 8 13. Law ...................................................................................................................................................... 8 C. TENDER PREPARATION ................................................................................. 8 14. Language of Tenders ........................................................................................................................ 8 15. Presentation of Tenders .................................................................................................................. 8 16. Content of Tender (Single-Envelope System) .............................................................................. 9 17. Tender Prices .................................................................................................................................. 10 18. Currencies of Tender and Payments ........................................................................................... 10 19. Period of Validity of Tenders ....................................................................................................... 10 20. Tender Guarantee (Bid Bond) ...................................................................................................... 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) ................................................................... 15 G. MISCELLANEOUS ....................................................................................... 16 37. Ethics Clauses .................................................................................................................................. 16 38. Data Protection and Freedom of Information ........................................................................... 16 39. Gender Equality .............................................................................................................................. 17 VOLUME 1 SECTION 2 – TENDER FORM ................................................................ 18 VOLUME 1 SECTION 3 – TENDER GUARANTEE FORM – Not Applicable for this tender........ 21 Annex To Tender Guarantee Form – Not Applicable for this tender............................................ 22 VOLUME 1 SECTION 4 - TENDERER’S STATEMENTS ................................................. 23 1. Statement on Conditions of Employment .................................................................................... 23 Page 3 2. Experience as Contractor ................................................................................................................ 24 3. Literature/List of Samples .............................................................................................................. 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 Article 2: Law and language of the contract ............................................................................... 32 Article 3: Order of precedence of contract documents .................................................................. 32 Article 4: Communications .................................................................................................... 32 Article 5: Supervisor and Supervisor's representative .................................................................... 32 Article 8: Supply of Documents .............................................................................................. 33 Article 10: Assistance with Local Regulations ............................................................................. 33 Article 11: The Contractor‟s Obligations ................................................................................... 33 Article 13: Performance Guarantee ......................................................................................... 33 Article 14: Insurance ........................................................................................................... 34 Article 15: Performance Programme (Timetable)......................................................................... 34 Article 17: Contractor‟s Drawings............................................................................................ 34 Article 18: Tender Prices ...................................................................................................... 34 Article 22: Interference With Traffic ........................................................................................ 34 Article 25: Demolished Materials............................................................................................. 34 Article 26: Discoveries ......................................................................................................... 35 Article 28: Soil Studies ......................................................................................................... 35 Article 30: Patents and Licences ............................................................................................. 35 Article 31: Commencement Date ............................................................................................ 35 Article 32: Period of Performance ........................................................................................... 35 Article 34: Delays in Execution ............................................................................................... 35 Article 35: Variations and Modifications .................................................................................... 35 Article 37: Work Register ...................................................................................................... 36 Article 38: Origin ................................................................................................................ 36 Article 39: Quality of Works and Materials ................................................................................. 36 Article 40: Inspection and Testing ........................................................................................... 36 Article 42: Ownership of Plants and Materials ............................................................................. 36 Article 43: Payments: General Principles .................................................................................. 36 Article 44: Pre-financing ...................................................................................................... 37 Article 45: Retention Monies .................................................................................................. 37 Article 46: Price Revision ...................................................................................................... 37 Article 47: Measurement ...................................................................................................... 37 Article 48: Interim Payments ................................................................................................. 37 Article 50: Delayed Payments ................................................................................................ 38 Article 53: End Date ............................................................................................................ 38 Article 56: Partial Acceptance................................................................................................ 38 Article 57: Provisional Acceptance .......................................................................................... 38 Article 58: Maintenance Obligations......................................................................................... 38 Article 66: Dispute Settlement by Litigation ............................................................................... 38 VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE .................................. 39 VOLUME 2 SECTION 5 – SPECIMEN PREFINANCING PAYMENT GUARANTEE – Not Applicable for this tender ............................................................................................. 40 VOLUME 2 SECTION 6 – SPECIMEN RETENTION GUARANTEE – Not Applicable for this Tender ...................................................................................................... 41 VOLUME 3 - TECHNICAL SPECIFICATIONS ............................................................. 42 VOLUME 4 - FINANCIAL BID.............................................................................. 56 VOLUME 5 – DRAWINGS .................................................................................. 69 List of drawings attached .................................................................................................................... 69 List of design documents available – Not Applicable ...................................................................... 70 ~~~~~~~~~~~~~~~ Page 4 VOLUME 1 SECTION 1 – INSTRUCTIONS TO TENDERERS A. GENERAL PART 1. General Instructions 1.1 In submitting a tender, the tenderer accepts in full and in its entirety, the content of this tender document, including subsequent Clarifications issued by the University of Malta, whatever his own corresponding conditions may be, which he hereby waives. Tenderers are expected to examine carefully and comply with all instructions, forms, contract provisions and specifications contained in this tender document. No account can be taken of any reservation in the tender as regards the tender document; any disagreement, contradiction, alteration or deviation shall lead to the tender offer not being considered any further. The Evaluation Committee shall, after having obtained approval by the Departmental Contracts Committee, request rectifications in respect of incomplete/non-submitted information pertinent to the documentation as outlined in sub-Clause 16.1(a), 16.1(b), and 16.1(c) of these Instructions to Tenderers. Such rectification/s must be submitted within two (2) working days from notification, and will be subject to a non-refundable administrative penalty of €50: failure to comply shall result in the tender offer not being considered any further. No rectification shall be allowed in respect of the documentation as outlined in sub-Clause 16.1(d), 16.1(e) and 16.1(f) of these Instructions to Tenderers. Only clarifications on the submitted information in respect of the latter may be eventually requested. 1.2 This is a call for tenders for supply delivery and installation of seawater tanks for the Biology Department at the University of Malta.. 1.3 This is a unit-price (Bill of Quantities) contract. 1.4 The tenderer will bear all costs associated with the preparation and submission of the tender. The University of Malta will in no case be responsible or liable for such costs, whatever the conduct or outcome of the procedure. 1.5 The University of Malta retains ownership of all tenders received under this tender procedure. Consequently, tenderers have no right to have their tenders returned to them. 2. Timetable DATE Clarification Meeting/Site Visit (Refer to Clause 9.2) Deadline for request for any additional information from the Contracting Authority Last date on which additional information are issued by the University of Malta Deadline for submission of tenders / Tender Opening Session (unless otherwise modified in terms of Clause 11.3) TIME* Not Applicable --------- Thursday, 6th September 2012 ---------- Monday, 10th September 2012 ---------- Wednesday, 12th September 2012 10:00am * All times Central European Time (CET) 3. Lots 3.1 This tender is not divided into lots, and tenders must be for the whole of quantities indicated. Tenders will not be accepted for incomplete quantities. Page 5 4. Financing 4.1 The project is financed from local budget funds. 4.2 The beneficiary of the financing is the University of Malta. 5. Eligibility 5.1 Participation in tendering is open on equal terms to all natural and legal persons of the Member States of the European Union, the beneficiary country, any other country in accordance with Regulation 76 of the Public Procurement Regulations. 5.2 Natural persons, companies or undertakings who fall under any of the conditions set out in Regulation 50 of the Public Procurement Regulations, 2010 (Legal Notice 296 of 2010) may be excluded from participation in and the award of contracts. Tenderers or candidates who have been guilty of making false declarations will also incur financial penalties representing 10% of the total value of the contract being awarded. 5.3 Tenders submitted by companies forming a joint venture/consortium must also fulfil the following requirements: One partner must be appointed lead partner and that appointment confirmed by submission of powers of attorney signed by legally empowered signatories representing all the individual partners. The tender must include a preliminary agreement or letter of intent stating that all partners assume joint and several liability for the execution of the contract, that the lead partner is authorised to bind, and receive instructions for and on behalf of, all partners, individually and collectively. All partners in the joint venture/consortium are bound to remain in the joint venture/consortium until the conclusion of the contracting procedure. The consortium/joint venture winning this contract must include the same partners for the whole performance period of the contract other than as may be permitted or required by law. 5.4 All materials, equipment and services to be supplied under the contract must originate in an eligible country. For these purposes, "origin" means the place where the materials and/or equipment are mined, grown, produced or manufactured and/or from which services are provided. 6. Selection Criteria 6.1 In order to be considered eligible for the award of the contract, tenderers must provide evidence that they meet or exceed certain minimum qualification criteria described hereunder. In the case of a joint venture, the joint venture as a whole must satisfy the minimum qualifications required below. 6.1.1 No evidence of economic and financial standing is required. 6.1.2 Information about the tenderer's technical capacity. (An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the contracting authority that it will have at its disposal the resources necessary for the execution of the contract, for example, by producing an undertaking by those entities to place the necessary resources at the disposal of the economic operator) This information must follow the forms in Volume 1, Section 4 of the tender documents and include: evidence of relevant experience in execution of works of a similar nature over the past one (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 year must be at least (1) in number. last one (1) Page 6 In so listing the end clients, the tenderer is giving his consent to the Evaluation Committee, so that the latter may, if it deems necessary, contact the relevant clients, with a view to obtain from them an opinion on the works provided to them, by the tenderer. Data concerning sub-contractors and the percentage of works to be sub-contracted: The maximum amount of sub-contracting must not exceed 50% of the total contract value. The main contractor must have the ability to carry out at least 50% of the contract works by his own means. 7. Multiple Tenders 7.1 A tenderer may submit multiple tender offers. 7.2 A company may not tender for a given contract both individually and as a partner in a joint venture/consortium. 7.3 A company may not tender for a given contract both individually/partner in a joint venture/consortium, and at the same time be nominated as a sub-contractor by any another tenderer, or joint venture/consortium. 7.4 A company may act as a sub-contractor for any number of tenderers, and joint ventures/consortia, provided that it does not participate individually or as part of a joint venture/consortium, and that the nominations do not lead to a conflict of interest, collusion, or improper practice. 8. Tender Expenses 8.1 The tenderer will bear all costs associated with the preparation and submission of the tender. 8.2 The University of Malta will neither be responsible for, nor cover, any expenses or losses incurred by the tenderer through site visits and inspections or any other aspect of his tender. 9. Site Inspection 9.1 A tenderer may visit the site of the works and its surroundings for the purpose of assessing, at his own responsibility, expense and risk, factors necessary for the preparation of his tender and the signing of the contract for the works. B. TENDER DOCUMENTS 10. Content of Tender Document 10.1 The set of tender documents comprises the following documents and should be read in conjunction with any clarification notes issued in accordance with Clause 24: Volume 1 Volume 2 Volume 3 Volume 4 Volume 5 Instructions to Tenderers Draft Letter of Acceptance General Conditions (available online 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 Page 7 documents, without exception, must comply strictly with these conditions and provisions and contain no alterations made by the tenderer. 11. Explanations/Clarification Notes Concerning Tender Documents 11.1 Tenderers may submit questions in writing to the University of Malta through: sending an email to tenders.procurement@um.edu.mt through www.um.edu.mt/procurement/contact fax number +356 21314307 up to 9 calendar days before the deadline for submission of tenders, that is up to Monday 3rd September 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 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 301, Procurement Directorate, Administration Building, University of Malta, Msida MSD 2080, Malta. Page 8 (d) All packages, as per (b) above, must bear only: (i) the above address; (ii) the reference of the invitation to tender concerned; (iii) the number of the lot(s) to which the tender refers (if applicable); (iv) the name of the tenderer. 16. Content of Tender (Single-Envelope System) 16.1 The tender must comprise the following duly completed documents, inserted in a single, sealed envelope (unless their volume requires a separate submission): (a) An original bid-bond for the amount of [€...........], in the form provided in Volume 1, NOT APPLICABLE FOR THIS TENDER 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. Page 9 17. Tender Prices 17.1 The tender price must cover the whole of the works as described in the tender documents. 17.2 The tenderer must provide a breakdown of the overall price in Euro (€). 17.3 Tenderers must quote all components of the price inclusive of taxes, customs and import duties and any discounts. Tenderers not registered with the VAT authority in Malta, must still include in their financial offer any VAT that the contracting authority may have to pay either in Malta or the country where the tenderer is registered irrespective of the reverse charge mechanism. The financial offer will be considered as the total financial cost to the contracting authority including any VAT that may have to be paid not through the winning tenderer. Except as may otherwise be provided for in the contract, no payment will be made for items which have not been costed. 17.4 Different options are to be clearly identifiable in the technical and financial submission; a separate Tender Form (as per Volume 1, Section 2) marked ‘Option 1’, ‘Option 2’ etc. for each individual option clearly outlining the price of the relative option, is to be submitted. 17.5 If the tenderer offers a discount, the discount must be absorbed in the rates of the Bill of Quantities/Financial Statement. 17.6 The prices for the contract must include all of the works to be provided. The prices quoted are fixed and not subject to revision or escalation in costs, unless otherwise provided for in the Special Conditions. 18. Currencies of Tender and Payments 18.1 The currency of the tender is the Euro (€). All sums in the breakdown of the overall price, in the questionnaire and in other documents must be expressed in Euro (€), with the possible exception of originals of bank and annual financial statements. 18.2 Payments will be made upon certification of works by the Contracting Authority, based on the invoice issued by the Contractor, in accordance with the timeframes, terms and conditions of the contract. 18.3 All correspondence relating to payments, including invoices and interim and final statements must be submitted as outlined in the contract. 19. Period of Validity of Tenders 19.1 Tenders must remain valid for a period of 150 days after the deadline for submission of tenders indicated in the contract notice, the tender document or as modified in accordance with Clauses 11.3 and/or 24. Any tenderer who quotes a shorter validity period will be rejected. 19.2 In exceptional circumstances the University of Malta may request that tenderers extend the validity of tenders for a specific period. Such requests and the responses to them must be made in writing. A tenderer may refuse to comply with such a request without forfeiting his tender guarantee (Bid Bond). However, his tender will no longer be considered for award. If the tenderer decides to accede to the extension, he may not modify his tender. 19.3 The successful tenderer must maintain his tender for a further 60 days from the date of notification of award. 20. Tender Guarantee (Bid Bond) 20.1 No tender guarantee (bid bond) is required. Page 10 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 301 2nd Floor, Administration Building University of Malta – Msida MSD 2080 Tel: 23402212/3; Fax: 21314307 Tenders submitted by any other means will not be considered. 23.2 Tenderers must seal the original tender as outlined in Clause 15. 23.3 If the outer envelope is not sealed and marked as required in Sub clause 15.1, the University of Malta will assume no responsibility for the misplacement or premature opening of the tender. 24. Extension of Deadline for Submission of Tenders 24.1 The University of Malta may, at its own discretion, extend the deadline for submission of tenders by issuing a clarification note in accordance with Clause 11. In such cases, all rights and obligations of the University of Malta and the tenderer regarding the original date specified in the contract notice will be subject to the new date. 25. Late Tenders 25.1 All tenders received after the deadline for submission specified in the contract notice or these instructions will be kept by the University of Malta. The associated guarantees will be returned to the tenderers. 25.2 No liability can be accepted for late delivery of tenders. Late tenders will be rejected and will not be evaluated. Page 11 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 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. Page 12 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 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 Page 13 derived from the multiplication of the unit price and the quantity, the unit price as quoted will prevail. 31.2 The amount stated in the tender will be adjusted by the Evaluation Committee in the event of error, and the tenderer will be bound by that adjusted amount. In this regard, the Evaluation Committee shall seek the prior approval of the Departmental Contracts Committee to communicate the revised price to the tenderer. If the tenderer does not accept the adjustment, his tender will be rejected and his tender guarantee forfeited. 31.3 When analysing the tender, the evaluation committee will determine the final tender price after adjusting it on the basis of Clause 31.1. F. CONTRACT AWARD 32. Criteria for Award 32.1 The sole award criterion will be the price. The contract will be awarded to the cheapest priced tender satisfying the administrative and technical criteria. 33. Right Of The University of Malta To Accept Or Reject Any Tender 33.1 The University of Malta reserves the right to accept or reject any tender and/or to cancel the whole tender procedure and reject all tenders. The University of Malta reserves the right to initiate a new invitation to tender. 33.2 The University of Malta reserves the right to conclude the contract with the successful tenderer within the limits of the funds available. It can decide to reduce the scope of works or to ask for a discount from the cheapest compliant tenderer. 33.3 In the event of a tender procedure's cancellation, tenderers will be notified by the University of Malta. If the tender procedure is cancelled before the outer envelope of any tender has been opened, the sealed envelopes will be returned, unopened, to the tenderers. 33.4 Cancellation may occur where: (a) the tender procedure has been unsuccessful, namely where no qualitatively or financially worthwhile tender has been received or there has been no response at all; (b) the economic or technical parameters of the project have been fundamentally altered; (c) exceptional circumstances or force majeure render normal performance of the project impossible; (d) all technically compliant tenders exceed the financial resources available; (e) there have been irregularities in the procedure, in particular where these have prevented fair competition. In no circumstances will the University of Malta be liable for damages, whatever their nature (in particular damages for loss of profits) or relationship to the cancellation of a tender, even if the University of Malta has been advised of the possibility of damages. The publication of a contract notice does not commit the University of Malta to implement the programme or project announced. 34. Notification of Award, Contract Clarifications 34.1 Prior to the expiration of the period of validity of tenders, the University of Malta will notify the successful tenderer, in writing, that his tender has been recommended for award by the Departmental Contracts Committee, pending any appeal being lodged in terms of Part XIII of the 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; Page 14 (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, 2 nd Floor, and published online on the University of Malta‟s website, www.um.edu.mt/procurement/service/tender under the respective tender page. 35. Contract Signing and Performance Guarantee 35.1 After the lapse of the appeals period, and pending that no objections have been received and/or upheld, the successful tenderer may be invited to clarify certain contractual questions raised therein. Such clarification will be confined to issues that had no direct bearing on the choice of the successful tender. The outcome of any such clarifications will be set out in a Memorandum of Understanding, to be signed by both parties and incorporated into the letter of acceptance. 35.2 Within 7 calendar days of receiving the letter of acceptance (against acknowledgment of receipt) from the University of Malta, the successful tenderer will sign a copy of the Letter of Acceptance and date the Letter of Acceptance and return it to the University of Malta with the performance guarantee and the Financial Identification Form (if applicable). 35.3 Before the University of Malta sends the Letter of Acceptance to the successful tenderer, the successful tenderer may be requested to provide the documentary proof or statements required to show that it does not fall into any of the exclusion situations listed in Clause 7 of the Tender Form (Volume 1, Section 2). The above mentioned documents must be submitted by every member of a Joint Venture/Consortium (if applicable). 35.4 If the selected tenderer fails to sign and return the copy of the Letter of Acceptance, other required documentation, and any guarantees required within the prescribed 7 calendar days, the University of Malta may consider the acceptance of the tender to be cancelled without prejudice to the University of Malta's right to seize the guarantee, claim compensation or pursue any other remedy in respect of such failure, and the successful tenderer will have no claim whatsoever on the University of Malta. The tenderer whose tender has been evaluated as [second cheapest/second most economically advantageous] may be recommended for award, and so on and so forth. 35.5 Only the signed Letter of Acceptance will constitute an official commitment on the part of the University of Malta, and activities may not begin until the contract has been signed both by the University of Malta and the successful tenderer. 35.6 Tender guarantees (bid bonds) provided by tenderers who have not been selected shall be released within 30 calendar days from the signing of the contract. The tender guarantee of the successful tenderer shall be released on the signing of the contract, and on submission of a valid performance guarantee. 35.7 The performance guarantee referred to in the General Conditions is set at 10% of the amount of the contract and must be presented in the form specified in Volume 2, Section 4, to the tender document the performance guarantee shall be released within 30 days of the signing of the Final Statement of Account (Final Bill), unless the Special Conditions provide otherwise. 36. Commencement of Works (Order To Start Works) 36.1 Following the signing of the contract by both parties, the Supervisor will issue a written notice of commencement of the works in accordance with the General Conditions, as specified by the Special Conditions. Page 15 36.2 The Contractor must inform the University of Malta's representative by return that he has received the notice. G. MISCELLANEOUS 37. Ethics Clauses 37.1 Any attempt by a candidate or tenderer to obtain confidential information, enter into unlawful agreements with competitors or influence the committee or the University of Malta during the process of examining, clarifying, evaluating and comparing tenders will lead to the rejection of his candidacy or tender and may result in administrative penalties. 37.2 Without the University of Malta's prior written authorisation, the Contractor and his staff or any other company with which the Contractor is associated or linked may not, even on an ancillary or sub-contracting basis, supply other services, carry out works or supply equipment for the project. This prohibition also applies to any other programmes or projects that could, owing to the nature of the contract, give rise to a conflict of interest on the part of the Contractor. 37.3 When putting forward a candidacy or tender, the candidate or tenderer must declare that he is affected by no potential conflict of interest, and that he has no particular link with other tenderers or parties involved in the project. 37.4 The Contractor must at all time act impartially and as a faithful adviser in accordance with the code of conduct of his profession. He must refrain from making public statements about the project or services without the Contracting Authority's prior approval. He may not commit the Contracting Authority in any way without its prior written consent. 37.5 For the duration of the contract, the Contractor and his staff must respect human rights and undertake not to offend the political, cultural and religious morals of Malta. 37.6 The Contractor may accept no payment connected with the contract other than that provided for therein. The Contractor and his staff must not exercise any activity or receive any advantage inconsistent with their obligations to the Contracting Authority. 37.7 The Contractor and his staff are obliged to maintain professional secrecy for the entire duration of the contract and after its completion. All reports and documents drawn up or received by the Contractor are confidential. 37.8 The contract governs the Parties' use of all reports and documents drawn up, received or presented by them during the execution of the contract. 37.9 The Contractor shall refrain from any relationship likely to compromise his independence or that of his staff. If the Contractor ceases to be independent, the University of Malta may, regardless of injury, terminate the contract without further notice and without the Contractor having any claim to compensation. 37.10 The tender(s) concerned will be rejected or the contract terminated if it emerges that the award or execution of a contract has given rise to unusual commercial expenses. Such unusual commercial expenses are commissions not mentioned in the main contract or not stemming from a properly concluded contract referring to the main contract, commissions not paid in return for any actual and legitimate service, commissions remitted to a tax haven, commissions paid to a recipient who is not clearly identified or commissions paid to a company which has every appearance of being a front company. 38. Data Protection and Freedom of Information 38.1 Any personal data submitted in the framework of the procurement procedure and/or subsequently included in the contract shall be processed pursuant to the Data Protection Act (2001). It shall be 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 Page 16 transmission to the bodies charged with a monitoring or inspection task in conformity with National and/or Community law. 38.2 The provisions of this contract are without prejudice to the obligations of the University of Malta in terms of the Freedom of Information Act (Cap. 496 of the Laws of Malta). The University of Malta, prior to disclosure of any information to a third party in relations to any provisions of this contract which have not yet been made public, shall consult the contractor in accordance with the provisions of the said Act, pertinent subsidiary legislation and the Code of Practice issued pursuant to the Act. Such consultation shall in no way prejudice the obligations of the University of Malta in terms of the Act. 39. Gender Equality 39.1 In carrying out his/her obligations in pursuance of this contract, the tenderer shall ensure the application of the principle of gender equality and shall thus ‟inter alia‟ refrain from discriminating on the grounds of gender, marital status or family responsibilities. Tenderers are to ensure that these principles are manifest in the organigram of the company where the principles aforementioned, including the selection criteria for access to all jobs or posts, at all levels of the occupation hierarchy are amply proven. In this document words importing one gender shall also include the other gender. Page 17 VOLUME 1 SECTION 2 – TENDER FORM (A separate, distinct Tender Form must be submitted for EACH OPTION – if applicable - submitted) < Tender for the supply, delivery and installation of seawater tanks for the Biology Department, University of Malta.> <UM1668> A. TENDER SUBMITTED BY: (This will be included in the Summary of Tenders Received) In case of a Joint Venture/Consortium: Name(s) of Leader/Partner(s) Leader 1 Partner Nationality Proportion of Responsibilities2 1 Etc … 1. Add/delete additional lines for partners as appropriate. Note that a sub-contractor is not considered to be a partner for the purposes of this tender procedure. If this tender is being submitted by an individual tenderer, the name of the tenderer should be entered as 'leader' (and all other lines should be deleted) 2. Proposed proportion of responsibilities between partners (in %) with indication of the type of the works to be performed by each partner (the company acting as the lead partner in a joint venture/consortium, they must have the ability to carry out at least 50% of the contract works by its own means. If a company is another partner in a joint venture/consortium (i.e. not the lead partner) it must have the ability to carry out at least 10% of the contract works by its own means). Work intended to be subcontracted Name and details of sub-contractors Value of subcontracting as percentage of the total cost 3 Experience in similar works (details to be specified) 1 2 (.) 3. The maximum amount of sub-contracting must not exceed [50%] of the total contract value. The main contractor must have the ability to carry out at least [50%] of the contract works by his own means. NOTE TO COMPILER: THIS SECTION IS TO BE REMOVED/MARKED NOT APPLICABLE IF NO SUB-CONTRACTING IS ALLOWED. LIAISE WITH DOC B CONTACT PERSON (for this tender) Name Surname Telephone (____) ________________________ Fax (____) ________________________ Address ............................................................................................................... ............................................................................................................... ............................................................................................................... E-mail Page 18 C TENDERER'S DECLARATION(S) To be completed and signed by the tenderer (including each partner in a consortium). In response to your letter of invitation to tender for the above contract, we, the undersigned, hereby declare that: 1 We have examined, and accept in full and in its entirety, the content of this tender document (including subsequent Clarifications Notes issued by the University of Malta) for invitation to tender No [UM1668] of [21/08/2012]. 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 1: Bill 2: Bill 3: Bill 4: 3 [Preliminaries] [Mechanical Works] [Electrical Works] [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 68 of this document) 4 This tender is valid for a period of 150 days from the final date for submission of tenders. 5 If our tender is accepted, we undertake to provide a performance guarantee of 10% of the contract value as required by the General Conditions. 6 We are making this application in our own right and [as partner in the consortium led by < name of the leader / ourselves >] for this tender. We confirm that we are not tendering for the same contract in any other form. [We confirm, as a partner in the consortium, that all partners are jointly and severally liable by law for the performance of the contract, that the lead partner is authorised to bind, and receive instructions for and on behalf of, each member, and that all partners in the joint venture/consortium are bound to remain in the joint venture/consortium for the entire period of the contract's performance]. We are fully aware that, in the case of a consortium, the composition of the consortium cannot be modified in the course of the tender procedure. 7 We are not bankrupt or under an administration appointed by the Court, or under proceedings leading to a declaration of bankruptcy. We also declare that we have not been convicted criminally, or found guilty of professional misconduct. Furthermore, we are up-to-date in the payment of social security contributions and other taxes. 8 We accept that we shall be excluded from participation in the award of this tender if compliance certificates in respect of declarations made under Clause 7 of this declaration are not submitted by the indicated dates. 9 We agree to abide by the ethics clauses of the instructions to tenderers and, in particular, have no potential conflict of interests or any relation with other candidates or other parties in the tender procedure at the time of the submission of this application. We have no interest of any nature whatsoever in any other tender in this procedure. We recognise that our tender may be excluded if we propose key experts who have been involved in preparing this project or engage such personnel as advisers in the preparation of our tender. 10 We will inform the University of Malta immediately if there is any change in the above circumstances at any stage during the implementation of the contract. We also fully recognise and accept that any false, inaccurate or incomplete information deliberately provided in this application may result in our exclusion from this and other contracts funded by the Government of Malta and the European Communities. 11 Our tender submission has been made in conformity with the Instructions to Tenderers, and in this respect we confirm having included in the appropriate packages as required, the following documentation: (a) Tender Guarantee (Note 1) o Bid Bond (not applicable) Page 19 (b) (c) (d) (e) General Information (Note 2) o Proof of Purchase (Receipt) – Not Applicable for this tender o Statement on Conditions of Employment Selection Criteria (Note 2) Financial and Economic Standing (Note 2) o Not applicable Technical Capacity (Note 3) ● Experience as Contractor Evaluation Criteria/Technical Specifications (Note 3) ● Tenderer‟s Technical Offer ● Literature /List of Samples (f) Tender Form, and Financial Offer/Bill of Quantities (Note 3) Notes: 1. 2. 3. Tenderers will be requested to clarify/rectify, within two working days from notification, the tender guarantee only in the following two circumstances: either incorrect validity date, and/or incorrect value. This is indicated by the symbol ○ Tenderers will be requested to either clarify/rectify any incorrect and/or incomplete documentation, and/or submit any missing documents within two working days from notification. This is indicated by the symbol ○ No rectification shall be allowed. Only clarifications on the submitted information may be requested. This is indicated by the symbol ● 12 I acknowledge that the University of Malta and/or Contracting Authority shall request rectifications in respect of incomplete/non-submitted information pertinent to the documentation listed in Clause 11(a), 11(b), and 11(c) of this Tender Form. We understand that such rectification/s must be submitted within two (2) working days, and will be subject to a non-refundable administrative penalty of €50, and that failure to comply shall result in our offer not being considered any further. 13 We note that the University of Malta is not bound to proceed with this invitation to tender and that it reserves the right to cancel or award only part of the contract. It will incur no liability towards us should it do so. Name and Surname: _________________________________________ I.D. / Passport Number: _________________________________________ Signature of tenderer: _________________________________________ Duly authorised to sign this tender on behalf of: _________________________________________ Company/Lead Partner VAT No: (if applicable) _________________________________________ Stamp of the firm/company: _________________________________________ 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 first demand in writing a maximum sum of ................................................................. Euro (€...............) in case the Tenderer withdraws his tender before the expiry date or in the case the Tenderer fails to provide the Performance Bond, if called upon to do so in accordance with the Conditions of Contract. The guarantee becomes payable on your first demand and it shall not be incumbent upon us to verify whether such demand is justified. This guarantee is valid for a period of one hundred and fifty (150) days from the closing date of submission of tenders, and expires on the .................................... Unless it is extended by us or returned to us for cancellation before that date, any demand made by you for payment must be received at this office in writing not later than the above-mentioned expiry date. This document should be returned to us for cancellation or utilisation or expiry or in the event of the guarantee being no longer required. After the expiry date and in the absence of a written demand being received by us before such expiry date, this guarantee shall be null and void, whether returned to us for cancellation or not, and our liability hereunder shall terminate. Yours faithfully, .................................. Bank Manager .................................. Date Page 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 1. List of literature to be submitted with the tender: Item 1.1 Description Literature of the Installation proposed Reference in Technical Specifications Please refer to Technical Specifications in Volume 3 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 2. List of samples to be submitted within (two) 2 days of being notified to do so: NOT APPLICABLE Item Description Reference in Technical Specifications 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 Signature: .................................................................... (the person or persons authorised to sign on behalf of the tenderer) Date: .................................................................... Page 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 Departmental 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/1668 - Tender for the supply, delivery and Installation of Seawater Tanks for the Biology Department, 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 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 Page 32 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 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. Page 33 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. 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 Page 34 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 32.1 It is to be made absolutely clear that all works envisaged in this contract are to be completed by not later than four (4) 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 4 week period, up to a limit of 20% of the awarded contract. As soon as this figure is reached the Contracting Authority reserves the right to invoke Clause 34.2 ( c ) of the General Conditions. Article 35: Variations and Modifications 35.7 As per General Conditions 35.8 As per General Conditions 35.9 Final measurements of all the works carried out shall be prepared within a reasonable period after the works are completed and paid according to the applicable rates detailed in the Bill of Quantities. Page 35 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 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. Page 36 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; 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) b) c) to modify the contract; or to provide for compensation for any imbalance caused by one Party to the other; or 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. Page 37 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 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 38 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 39 VOLUME 2 SECTION 5 – SPECIMEN PREFINANCING PAYMENT GUARANTEE – Not Applicable for this tender (LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE) Director of Procurement Procurement Directorate Administration Building Msida MSD2080 Malta [Date] [Tender Reference] Dear Sir, We the undersigned, [name, company name, address], hereby declare that we will guarantee, as principal debtor, to [University of Malta's name and address] on behalf of [Contractor's name and address], the payment of [indicate the amount], corresponding to the guarantee mentioned in Article 44 of the Special Conditions without dispute, on receipt of a first written request from the beneficiary. We further agree that no change or addition to or other modification of the terms of the contract or of the works to be performed thereunder or of any of the contract documents which may be made between you and the Contractor shall in any way release us from any liability under this guarantee. We hereby waive notice of any such change, addition or modification. The guarantee will enter into force and take effect from the [indicate the date of payment of the prefinancing] and shall be valid until the equivalent value of [works/services/supplies] has been certified by the University of Malta. We note that you will release the guarantee and notify us of the fact at the latest within thirty days of this date. Done at ………….., ../../.. Name and first name: …………………………… On behalf of: ………………… Signature: …………….. [stamp of the body providing the guarantee] Page 40 VOLUME 2 SECTION 6 – SPECIMEN RETENTION GUARANTEE – Not Applicable for this Tender (LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE) Director of Procurement Procurement Directorate Administration Building Msida MSD2080 Malta [Date] [Tender Reference] Dear Sir, We, the undersigned, [name, company name, address], hereby declare that we will guarantee, as principal debtor, to [University of Malta's name and address] on behalf of [Contractor's name and address], the payment of [indicate the amount], corresponding to the guarantee mentioned in Article 45 of the Special Conditions without dispute, on receipt of a first written request from the beneficiary. We further agree that no change or addition to or other modification of the terms of the contract or of the works to be performed thereunder or of any of the contract documents which may be made between you and the Contractor shall in any way release us from any liability under this guarantee. We hereby waive notice of any such change, addition or modification. The guarantee will enter into force and take effect from the [indicate the date of payment of the sums retained under the contract] and shall be valid until the date of issue of the certificate of final acceptance. We note that you will release the guarantee and notify us of the fact at the latest within thirty days of the date of issue of this certificate. Done at ………….., ../../.. Name and first name: …………………………… On behalf of: ………………… Signature: …………….. [stamp of the body providing the guarantee] Page 41 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. SCOPE OF WORKS The works mentioned hereunder involve the dismantling and carting away of an existing plant room installation. All existing equipment must be then stored in an area indicated by the University except for the fibreglass tanks, salt water bowser connections and electrical control panels. The tanks and control panels must be carefully relocated to another installation site just across the road from present position, where a new plant room will be built for purpose. It is important to note that presently the tanks sit side by side in the existing plant room. The new installation cannot afford the same kind of installation due to the limited available area. Therefore the tanks are planned to be sited one on top of each other. One tank sitting on a plinth constructed for purpose on the new plant room floor, whilst the other tank will be sited directly on top of the floor tank but resting on three beams installed for purpose. A permanent walk way is planned to be installed around the elevated tank together with a stairway leading to the platform for maintenance purposes. These tanks shall be used for sea water storage and make up to an existing glass fibber reinforced daily tanks that are situated in the biology aquarium section. The day tanks shall be replenished from the reservoir tanks as indicated in the drawings. An aeration system consisting of two in number air blowers of the centrifugal type shall be installed as indicated in the schematic drawing. Air supply into the tanks shall terminate with diffusers to facilitate even distribution. Sea water supply booster pumps will supply water through piping connected to the existing aquaria system sited in the basement of the existing Biology building. Distratification pumps are also to be included, whose purpose shall be solely to agitate the water and prevent stagnation. The water supply pipework shall run as surface pipework where this is housed and overhead on cable trays where these pass outside the blocks. No outside pipework should be left exposed and unprotected. The contractor is expected to lay all the pipework in a manner as to conform to good engineering practices. Pipes laid out across the rooms shall be supported on brackets and/or cable trays and grouped up for a neat appearance. Page 42 MECHANICAL SPECIFICATIONS 1. GLASS FIBER DAILY TANKS The existing glass fibber make up tanks are to be relocated and re-installed inside the new plant room. 2. AERATION SYSTEM The aeration system shall consist of two in number centrifugal pumps which shall supply air through 22mm dia. PVC pipe network and terminate with a ready moulded 22mm dia. flanged connection on top of the main tanks. On the inside another 22mm dia. flanged PVC spigot drops to approximate 250mm from bottom of tank and spreads out with 22mm dia. pipes running length wise to reach the whole of the tank. A number of sponge type diffusers shall be installed on the 22mm dia. spreaders and shall allow some 0.08m3/min at 0.2 bar of air to pass through, thus creating the desired aeration in the tank. The diffusers shall be adequately grounded to the bottom of the tank with suitable supports. Isolating and / or balancing shall be obtained by means of control valves. The blowers shall be housed in the same building as the reservoir tanks and sited above the surface level of the liquid, as otherwise sea water may run back into the pump when the power is turned off. The air inlet to the blowers shall be ducted and inclusive of air inlet louvres, insect mesh and washable filters which can be retracted when required for ease of maintenance. The blowers shall be mounted on vibration mountings and c/w flexible connectors on both the air inlet and outlet. All brackets used for supports shall be hot dipped galvanized. Blower specifications: 50Hz 415V 3 195l/min at 0.2bar (2.84psi) 48dB at 1m (max.) Number of blowers required : Two Controls for both pumps shall include, isolators, 415/24V control transformer, thermal overload, run / trip indicator lamps, hour run meter, 24 hour timer, duty selector switch 1, 2 and both running, telemetry connection for indicator panel in main block indicating Blower 1 - ON, Blower 2 - ON. Page 43 3. PIPEWORK All hydraulic pipework shall be laid out in UPVC of the high pressure type PN16. Air piping shall run in CPVC pipes of the high pressure type. All joints shall be cut at 90 o, cleaned from all burrs, wiped with degreaser and welded with solvent cement. The contractor must allow for the provision of all bracketing and pipe supports to be hot dipped galvanized. Pipes laid out on „chicken legs‟ and U channels would be most suitable for this job. All pipes shall run as surface piping where housed in the building and in trenches/on cable trays when crossing in between. Pipes shall have provision for adapting to other pipe systems in that it may be joined to copper, galvanized steel or other plastic pipes. Branded materials shall be assembled and installed in accordance with the Manufacturer‟s instructions. Pipes shall be colour identified to BS 1710, with all external pipework painted and protected from direct sunlight by a good quality paint specification as recommended by the pipe‟s manufacture. All valves shall be of the double union UPVC / CPVC ball type with detachable handle. Valves shall be of full bore size to suite the pipe diameters onto which they are installed. Valves must have a quarter turn action with ball seating made of PTFE. Fixing to the building structures shall be made by means of correctly sized screws fitted into plastic plugs. Raw bolts, metal expanding plugs, expanding rubber sleeves or any other type of fasteners shall have the Engineer‟s approval prior to installation. Percussion type boring devices and shot fired fixings shall not be used unless having a written approval by the Engineer. Under no circumstances shall joints be made in the thickness of walls, floors or ceilings. Pipework shall not be embedded in walls or floors, unless specifically so directed. Wherever pipes pass through walls, floors or ceiling, sleeves shall be provided. Sleeves shall be free from the pipe and cuttings shall be trimmed at 90o to the structure. Workmanship shall be such as to ensure a good standard of finish. Laying of pipes shall be planned so as to eliminate unsightly appearance and all vertical pipes shall be laid plumb. Bends shall be of the long radius type wherever site conditions permit. Any pipe work through walls must be adequately sleeved and sealed. All pipework penetrations and any builders work which may be required during the installation, shall be the contractors responsibility and considered as included. 3.1. DRAINING AND VENTING Drain cocks shall be provided at the lowest point as indicated in the drawings or otherwise specified. Page 44 Air vents shall be provided to all high points in the pipework. Venting shall be provided by automatic air vents and shall have gunmetal or bronze bodies with screwed connections, copper or stainless steel floats and guides and non corroding ball needle valves and seats. All air vents shall be preceded by a plastic ball valve. 4. DISTRATIFICATION PUMPS Two pumps shall be installed adjacent to the tanks and shall distratify the stored salinated water to prevent stagnation. Each pump shall have the following specification: - General Description: Self-Priming Swimming Pool plastic type pump, having the following features: 1. 2. 3. 4. 5. 6. 7. 8. 9. High pressure, screw type cover Strainer basket Heavy duty shaft seal specified for sea water Preferably - „Noryl‟ construction to eliminate corrosion Totally enclosed fan cooled motor built to IP55 -Hose/Dust Proof Self Priming Operating from 415V 3 50Hz 3 Delivering 10m /hr at 1 bar pressure Number of pumps: Two The suction and discharge sides of the pump shall be connected and terminated as shown on the schematic diagram. The pumps shall also be inclusive of flexible connectors, check valves and isolating ball valves. Controls for each pump shall include, isolators, 415/24V control transformer, starters, run/trip indication lamps, hour run meter, 24 hour timer, thermal overload, telemetry point for indicator panel in main block and auto shut off on no water in the corresponding tank. 5. BOOSTER PUMPS Two pumps shall be installed on the main UPVC sea water lines and shall boost up water to the desired tap-off. Each pump shall have the following specification: - General Description: Self Priming Centrifugal Pumps with built-in strainer. 1. 2. 3. High pressure screw type cover Strainer Basket Heavy duty shaft seal specified for sea water Page 45 4. 5. 6. 7. 8. Preferably - Bronze construction to eliminate corrosion Totally enclosed fan cooled motor built to IP55 -Hose/Dust Proof Operating from 415V 3 50Hz 3 Delivering 15m /hr at 2 bar pressure Number of pumps: Two The suction and discharge sides of the pump shall be connected and terminated as shown on the schematic diagram. The pumps shall also be inclusive of flexible connectors, check valves and isolating ball valves. Controls for each pump shall include, isolators, 415/24V control transformer, starters, run/trip indication lamps, hour run meter, 24 hour timer, thermal overload, telemetry point for indicator panel in main block and auto shut off on no water in the corresponding tank. The Contractor shall make provision to include flow sensor switches on the pipeline to put the pumps in operation immediately there is a demand for sea water from the system. 6. AUTOMATION The scope of works mentioned in this tender shall be to have an unmanned plant room. For this reason the Contractor must understand the importance to make provision for a degree of automaton. The most important being to have plant shut down in case of no water in the reservoir tanks. Each system must be distinct from the other. It is proposed to have a level indicator in each tank that automatically on sensing low water level, shall cut off electrically both the booster pump and the distratification pump. The system shall come back into operation once tanks are replenished with sea water. Part of the automation shall include a visual alarm panel for low water level, Booster pump fail, Distratification pump fail and Blower 1 - on, Blower 2 - on. There shall be indication for each tank sited in the main building - Aquaria Department at Basement level. 7. LAYOUT The contractor shall propose his own arrangement for the machinery and pipework layout. Prior to commencement of works the Engineer has to approve the working drawings for this arrangement. The route lengths for the pipework and power / control cabling shall be determined according to the approved layout. Page 46 8. COMMISSIONING AND TESTING All commissioning and testing shall be carried out in accordance with CIBSE commissioning code to the satisfaction of the Engineer. Commissioning reports shall be submitted for all systems. All systems shall be thoroughly cleaned up and flushed prior to tests. During the cleaning process the flow shall be intermittedly interrupted to dislodge any debris. The Contractor shall be responsible to provide all test points, test instruments and any related equipment for carrying out such tests, even if such requirements are not detailed and specified elsewhere on these documents. Hydraulic tests on all pipework are two times the working pressure held for three hours without any loss of pressure. Any parts of the piping system which are not suitable for such test pressure shall be isolated prior to testing. The Contractor shall notify the Engineer three days before he intends to carry out such tests. The Engineer shall have the right to alter the date of the tests if he feels there is sufficient reason to do so. Under no circumstance shall piping be buried before tests have been carried out to the satisfaction of the Engineer and before the Engineer has authorized the Contractor to do so. Any defects occurring during the time of tests shall be repaired at no extra costs to this tender, where failure results in damage to the building fabric or requires subsequent builders work than these items are to be made good at no extra costs to this contract. Page 47 SPECIFICATIONS FOR THE ELECTRICAL INSTALLATION 9 SCOPE OF WORK The scope of work includes the following 10 9.1 The relocation of distribution board which houses all isolating switches, residual current devices, miniature circuit breakers plus other associated equipment. 9.2 The supply, relocation and installation of armoured cables surface and arial installation on cable trays to convey power from existing building to the new reservoir tank room. 9.3 The supply and installation of all PVC heavy gauged chased conduit including fittings for all the lighting and small power points. 9.4 The secondary wiring in flame retardant PVC cable to all light fittings and power points including all wiring accessories of the specified type. 9.5 The supply and installation of all light fittings. 9.6 The complete testing and commissioning of the installation 9.7 The coordination with the Engineer for the provision of supply 9.8 The supply of as - fitted drawings ALLIED DOCUMENTS. The following allied documents shall be read in conjunction with the specification 11 10.1 General Conditions of Contract 10.2 Bills of Quantities 10.3 The following Drawing 3/10/2/17062012 10.4 Cross - reference to the following sections within this tender is necessary 10.5 Plumbing section Electrical Lighting and Power System: COMPLIANCE WITH REGULATIONS AND STANDARDS The installation is to be carried out in accordance with the following regulations Page 48 11.1 11.2 11.3 12 13 Regulations for Electrical Installation 17th Edition issued by the B.S. 7671 : 2008 Enemalta Regulations I.E.E. / The contractor may use equivalent standards provided that their difference from the specified ones shall be clearly explained at the time of tendering. THE POWER SUPPLY SYSTEM SHALL BE AS FOLLOWS 12.1 Voltage 400V + / - 10% 3 phase 12.2 Voltage 230V + / - 10% 1 phase 12.3 Frequency 12.4 4 Wire System, Three phase, Neutral and Earth 50Hz + / - 2% PROVISION OF SUPPLY Although the Engineer shall be witness for installation tests and also perform tests as he deems fit, the contractor shall be fully responsible to perform all necessary tests for the provision of electricity supply so as not to cause any unnecessary delay. 14 NOTES ON THE WORKS INVOLVED 14.1 14.2 The primary Electrical Distribution 14.1.1 This comprises the resiting and installation of the Main Distribution Board. The air blower DB, The distratification pump DB, The booster pump DB, the status control panel DB, the supply and installation of uPVC heavy duty conduit conveying the power cables and the cables for the lighting and small power installation. All work is to be carried out as detailed in the specification below. 14.1.2 The successful contractor shall prepare detailed workshop drawings and builder‟s works drawings showing all the penetrations required to achieve a neat solution. Reservoir Room 14.2.1 Here the contractor shall supply and install all the lighting and power in PVC conduit surface run on concrete ceiling element inside the screed, under floor tiles and chased in walls for down drops. 14.2.2 The height of all the wiring accessories shall be as follows: - Switches: 1200mm above FFL Page 49 - Sockets at least: 1200mm above FFL These shall be confirmed with the Engineer prior to installation 15 14.2.3 All lighting fittings for these areas shall be supplied and installed by the contractor. 14.2.4 The types of lighting fittings employed in these areas are as explained in the specifications. 14.2.5 The wiring accessories shall be rated to IP55 14.2.6 The Contractor shall supply and install external light fittings for the access areas. The method of connection of these fittings shall be water tight. DISTRIBUTION BOARDS The contractor shall reinstall in the places indicated on the drawings, MCB distribution panel. The panels shall have the following characteristic when removed from existing site: 15.1 General Construction of Existing and in Case of Renewals. 15.1.1 The DB‟s are already installed in the existing plant room. The contractor shall dismantle these panels with the utmost care , service same and renew any controls inside the panels which the Engineer agrees to after inspection. 15.1.2 The DB‟s shall be surface mounted and positioned in the new plant room to facilitate connecting up to the new equipment being installed. The contractor shall take note that the plant room will service the same kind of equipment as was originally installed in the sea water room. 15.1.3 The DB‟s shall have a main earth stud to allow earth to be terminated inside or outside the enclosure. 15.1.4 Glazed circuit charts indicating the ways numbers, equipment, rating of MCB‟s, size of cable and phase to which equipment is connected are to be provided Page 50 15.2 Incoming Disconnectors These shall meet the requirements for isolation as given in the I.E.E. Wiring Regulations and shall comply with B.S. 5419 : 1977. These shall have category of duty AC 22. This equipment will be the same as will be found in the plant room. 15.3 Miniature Circuit Breakers Miniature circuit breakers shall provide high performance current limiting thermal / magnetic switching, thus providing both over current and short circuit protection. They shall have a fault capacity of 10000A minimum at 240 / 415 V AC to B.S. 3871 : Pt 1 : 1984 type B characteristics and shall provide high speed operation with a mechanical life exceeding 20000 operations, and close overload protection. The position of the MCB‟s is to be clearly indicated. All MCB‟s up to 63A rating shall have their input and output terminals capable of excepting cables of 25 sq mm. 15.4 Residual Current Devices Double pole and four pole ( single and three phase ) residual current devices are to be used and these shall have current rating and sensitivity as specified. These shall comply with B.S. 4293 : 1983 and shall have a rated electrical life of not less than 40000 operations. These shall incorporate positive contact indication and include a test button and means of preventing nuisance tripping due to transient voltages. If during the final test of the installation more than two RCCB‟s fail, the contractor shall change all RCCB‟s to another make as approved by the Engineer. 15.5 Installation of Distribution and Control Boards 15.5.1 All panels are to be installed so that they are spaced by at least 10mm from the wall. This shall be achieved by means of spacer washers. 15.5.2 Care shall be exercised so that all distribution boards are installed plumb. 15.5.3 An identification label manufactured in traffolyte is to be fixed on the outside of each board. The label is to be at least 30mm wide with 20mm lettering in black on white background. The panel identification and area fed are to be indicated on the label. 15.5.4 The contractor shall ensure that all earth and neutral cores of the outgoing circuits shall be terminated in the same sequence in their Page 51 respective bars like the phase cores on the outgoing MCB‟s. 16 INSTALLATION OF CABLES & CABLES SUPPLYING ELECTRIC MOTORS 16.1 The contractor shall supply and install cables as asked for in the Bills of Quantities. All cables shall be of one continuous length. No joints shall be allowed. 16.2 The cables shall be multicore, with plain stranded copper conductors, XLPE insulated, PVC extruded bedding, galvanized steel wire armoured and PVC sheated overall. The voltage grade of the cable is to be 600 - 1000V. The armoured cables are to comply with B.S. 5467. 16.3 Armoured Cable Terminations Cables shall be terminated in equipment utilizing proper cable glands and crimping type lugs. 16.3.1 Cable glands shall be manufactured in brass complying with B.S. 2874 : 1969 and tested to comply with the requirements of B.S. 6121 : 1973. CW type heavy duty industrial glands are to be used throughout. 16.3.2 Cable lugs shall consist in crimping type heavy duty terminals and splices and shall comply with B.S. 16.4 copper tube 4579 : Pt1 :1981. Laying of Armoured Cables ON Cable Trays The cables shall be laid on galvanized cable trays with cover over the crossing to the biology building. Before laying the cable the contractor is to ensure to construct the arial cable tray in such a manner as to be sturdy enough to withstand the environmental conditions of the area 16.5 17 Installation of cables supplying Electric Motors Single runs are to be clipped direct to the walls but multiple runs are to be installed on a glass reinforced plastic cable tray. Wherever armoured cables are to be installed below the floor surface (in screed) these are to be installed inside a PVC duct. INSTALLATION OF WIRING CABLE FOR LIGHTING AND SMALL POWER CIRCUITS ELECTRICAL 17.1 Wiring from MCB distribution boards to all lighting and power points shall be in single core PVC insulated copper wire running in PVC heavy gauge conduit. 17.2 The wire shall be plain, annealed copper conductor PVC insulated, harmonized category HO7V - R complying with B.S. 6004 : 1984. Page 52 18 17.3 The circuits shall be wired strictly in accordance with the drawings. For the lighting circuits a loop - in system shall be employed. For power circuits all sockets shall be wired in radial or ring formation. 17.4 Phase / return, neutral and earth wires shall be coloured brown, blue and green / yellow respectively throughout the single phase installation. Phase wires shall be jointed only at switches (jointing of phase wires in ceiling roses is not allowed). Three phase circuits shall have the phase wires coloured red, yellow and blue. The earth wire shall be run all the route as per the phase wire. 17.5 Joints in conductors will not be allowed. PVC CONDUIT INSTALLATION 18.1 The contractor shall provide runs of conduit above the concrete ceiling element inside the screed, under floor tiles and in chased walls for down drops. 18.2 PVC conduit shall be manufactured from extra high impact uPVC giving good cold bend characteristics. It should be virtually unaffected by solutions of inorganic acids, alkalis and salts as well as many other organic chemicals. It shall comply with B.S. 4607 : Pt 1 and B.S. 6099 : Pt 1. 18.3 Conduit shall be bent using the appropriate steel bending spring. The proper adhesive for the sockets and bushes is to be used. 18.4 Conduit shall be bent cold to a radius of not less than six times its internal diameter. 18.5 Conduit entering switch and socket boxes shall be connected via a female adapter and bush. 18.6 Conduit shall not be run in chases along with water pipes. A of at least 150mm is required. 18.7 Conduit buried in concrete shall have at least 35mm thickness of cover over its entire length while conduit buried in plaster shall have at least 5mm thickness of cover (cement sand mix grouting). 18.8 Horizontal chases greater than 0.5m require the Engineer‟s approval. 18.9 Switch and socket back boxes are to be secured to wall by a minimum of two screws and plastic plugs. A flat washer per screw is also to be employed. separation Page 53 18.10 Saddles holding conduit shall be spaced not less than 1.2m apart. Inside chases the conduit is to be secured by steel crumpets and plastic plugs. 19 WIRING ACCESSORIES The contractor shall supply and install wiring accessories which shall be of the following type - Moulded type plastic standard construction with minimum front projection. All terminal screws shall preferably face upwards and be in line. Terminal markings should be clearly marked. - All contacts shall be made of silver. The front plates shall be in brilliant white and it should be easy to clean. - IP 56 accessories. These shall be manufactured in polycarbonate. IP 56 accessories shall be installed are the roof socket outlets and these shall retain their IP 56 rating even when socket is in use. These socket outlets are to be of a robust construction. The types of accessories to be used shall be as follows: 19.1 Switches for lighting. These shall be single or multigang, one - way, two - way, etc… as shown on the drawings. Their current rating shall be 6 Amps and the terminal capacity shall be 3 x 1.5mm2. They shall be moulded type, rated for 240V, 50Hz a.c. and be IP55 rateD. 19.2 13A Socket Outlets These shall be 3 pin type rated 13A and 250V at 50Hz. Their terminal capacity shall be 3 x 4 mm2. The construction shall be of the moulded type. Safety shutters allowing opening of phase and neutral when the earth pin is present, are to be incorporated. These are to be mounted flush on conduit back boxes 35mm deep. Plugs shall be IP55 rated 19.3 Ceiling Roses Ceiling lighting outlets shall have, four way terminals, loop – in and earth terminals and shall comply with B.S. 67: 1987. 20. CONNECTION OF LIGHT FITTINGS 20.1 Light fittings which are to be installed indoors are to be installed directly over the outlet box and the connection will be via 10A rated connectors which can handle 2 x 1.5mm2 cable. This applies also to ceiling mounted fluorescent fittings which shall be fixed directly on the ceiling. Page 54 21. LUMINARIES 21.1 The Contractor shall supply and install the following luminaries as shown in the drawings and the Bill of Quantities. TYPE A Surface mounted 1 x 58 W fluorescent fitting comprising a self extinguishing, injection moulded polycarbonate base. This base shall contain the control gear including power factor correction capacitor. An acrylic opaque prismatic diffuser is to be installed over the body. The fitting is to be equipped with a gasket so as to render the fitting completely dust / splash proof. The fitting is to be supplied completely wired up and complete with quick start type control gear. The fitting is to be suppressed against radio interference. The fluorescent lamps are to be cool white and IP65 rated. TYPE B Surface mounting 1 x 9 W PL bulkhead fitting. The construction shall be manufactured of glass reinforced polyester resin coloured white complete with knockouts for cable entry. The housing shall be constructed to B.S. 4533. The diffuser shall be clear prismatic vandal resistant polycarbonate type, secured by two captive gasketed recessed screws and mounted over the body over a dust/water resisting gasket. The degree of protection of the laminaire shall be IP 55.These fittings shall be installed in external areas. 22. EARTHING SYSTEM The Contractor shall bond the earthing system of the installation to the earthing system of the main building using an adequately sized cable which complies with the 17 th Edition of The IEE Wiring Regulations. 23. TESTING AND COMMISSIONING 23.1 The Contractor shall test and commission the installation after the completion of the works. The tests are to be carried out in according to a test schedule which shall be approved by the Engineer. The test schedule shall be based on Appendix 16 of the I.E.E. Regulations. The tests are to be carried out in the presence of the Engineer to whom 7 days notice period shall be given. Tests after the completion of the installation shall satisfy the Requirements of the Standards mentioned in sections 3.1 and 3.2 and the Contractor shall be fully responsible for the electrical installation. Any items which do not pass the test shall be made good by the contractor at no extra cost. 23.2 When the installation is complete, the Contractor shall supply one set of as fitted drawings on negatives and three sets of prints plus three sets of technical literature for any item of plant supplied. The format and legends used in these drawings shall be as approved by the Engineer. Page 55 VOLUME 4 - FINANCIAL BID Tender for the Supply, Delivery and Installation of Seawater Tanks for the Department of Biology, University of Malta Bills of Quantities Bill No. 1 - Preliminaries Bill No. 2 - Mechanical Works Bill No. 3 - Electrical Works Bill No. 4 - Dayworks (Provisional) Page 56 Bill No. 1 – Preliminaries Item Description 1.00 PRELIMINARIES 1.1 1.2 1.3 1.4 1.5 1.6 Qty The ring road cannot be blocked unless a permit is granted by University. All materials to be used within this contract are to be approved prior to delivery to site. Prepare a risk assessment report outlining all risks involved and measures to be taken to minimise or eliminate potential risks. The report is to be prepared and signed by a competent person and to be submitted within three weeks from commencement of works. Such document has to be updated as maybe requested by the site H & S Supervisor. 1.00 Allow for the provision of a detailed daily log of all the works and materials and maintaining in an orderly manner in Building File. 1.00 Allow for carrying out all surveys, setting out of works, arranging levels including the provision and erection of permanent setting out marks of the quantity and quality as required by the Employer's Representative. All works shall be contained or implied for in the contract documents and including all the necessary resources, unless included elsewhere in the Bills of Quantities. 1.00 Allow for appointing a Health and Safety Coordinator and for complying with all local Health and Safety regulations, the safety precautions and regulations as laid down in the contract documents and Health and Safety Plan. 1.00 Allow for the provision of all safety personal clothing and equipment for all the workers involved and the provision of an "on call" medical doctor, provision and maintaining of all lifesaving equipment, personnel, warning signage, markings, etc. As per General Conditions Art.20. 1.00 Allow for continuously keeping the site and building clean and in a workman type condition free from debris, surplus materials and any other type of loose matter arising from works (which include variations to contract), which will disturb the proper conditions of any internal and external areas, roads and/or adjoining structures. Site Cleaning is to take place during the whole duration of works, as instructed by the University of Malta and as per General Conditions Art.25. 1.00 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 Lump sum Lump sum Lump sum Lump sum Lump sum Lump sum Total Carried Forward Page 57 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 Total Brought Forward 1.7 1.8 1.9 1.10 1.11 1.12 Allow for the protection at all times the whole of the Site, Works and all underlying floors, including the provision of hoarding, scaffolding, screens, fans, planked footways, guardrails and similar items as required and as deemed necessary at all times by the Safety coordinator and Project Supervisor Construction Stage (PSCS Health & Safety). All safeguards must be taken not to damage any other ongoing works in the premises and immediate vicinity, and adequate protection must be allowed for in this regard. All damages must be made good by the responsible contractor. The liability period will remain until the satisfactory commissioning and handing over procedures are completed. As per General Conditions Art.14, 21, 58 and 59. Provision, maintaining and removal of all necessary first aid and sanitary facilities, including the provision of latrine huts, etc ... required for the proper mannered execution of the works. Allow for the sweeping and cleaning / washing of all access roads pertaining to the site of works at times seemed appropriate to keep the roads in a clean and dust free environment at all times Provision, maintenance and removal of all necessary temporary services, including fresh water, compressed air, electrical supplies, telephone, etc Allow for mobilization and design, construction and installation of the contractor's compound. Including offices, storing areas, shelters, services, etc and their subsequent removal on completion of the works, all to the approval of the Employer's representative Allow for the careful disposal of hazardous waste, debris and spent oils, and other harmful materials as to the requirement specified in the conditions 1.00 Lump sum 1.00 Lump sum 1.00 Lump sum 1.00 Lump sum 1.00 Lump sum 1.00 Lump sum Total Carried Forward Page 58 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 Total Brought Forward 1.13 Provision of insurance cover in the joint names of the Client and Contractor insure the Works against loss or damage by fire, storm, tempest, lightning, flood, earthquake, aircraft or anything dropped there from, aerial objects, riot and civil commotion for the full reinstatement value thereof plus 15% of all the Works executed and all unfixed materials and goods so insured until the completion of the Works. The Contractor shall affect a policy of insurance against third party risks to cover an amount of not less than € 1,200,000.00 (one million and two hundred thousand Euro) for any one accident. The policy shall be in joint names of the Client and Contractor and shall include cross liability clauses. In respect of liability for the death or injury to any person employed by the Contractor and arising out of and in the course of such person‟s employment by the Contractor the amount insured by the Contractor shall be such as to indemnify the Client against all damages as compensation payable. The Contractor shall comply with and be subject to the terms, exclusions, exceptions, conditions and limitations of the insurance policies and shall bear the amount of the retained liabilities stated therein The Contractor shall deposit with the Client copies of the policy or policies and a copy of the receipt in respect of premiums paid before starting the Works 1 L.S. Total Carried Forward to Summary on Page 68 Page 59 Bill 2- Mechanical Works 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 Supply, install, fix for a complete installation fit for purpose as per approved workshop drawings to be submitted by Contractor. No variations will be entertained in case of failure from the part of contractor for not foreseeing works that are congruent with good installation. Contractor is invited to include prices in his bid for carrying out a complete installation as called for in the tender specification. This applies for both the electrical and mechanical works. Cranage, scaffolding and hardware are being taken as having been included in Contractor's bid and form part of the prices. WHERE OT INDICATED ALL THE MATERIAL HAS TO BE SUPPLIED NEW. 2.1 2.2 2.3 2.4 Dismantling And Carting Away Of Existing Plant Room Installation To Another Site On Campus. All Material To Be Stored As Directed By The University Of Malta. Transport From Storage And Install 7000ltrs Capacity Sea Water Reservoir Tanks As Per Engineers Recommendation. Construction Of Concrete/No Shrink Grout Plinths For Tank No.1& 2. Supply, Install And Commission Aeration Centrifugal Pumps As Per Drawings And Specifications For A Complete Installation Including H/D Carrier platform 1 2 L/S No. 2 No. 2 No. Total Carried Forward Page 60 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 Total Brought Forward 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 SUPPLY AND INSTALL 950 X 300mm WEATHER LOUVRED AIR INLET C/W WALL MOUNTED FRAME AND DETACHABLE WASHABLE FILTER FOR BOTH BLOWERS SUPPLY AIR CIRCULAR CPVC TUBING AS SPECIFIED 22mm DIA. Supply Air Spigot C/W Spreaders And Sponge Type Diffusers As Specified For A Complete Installation - To Include 8 Diffusers Per Reservoir Tank 22mm DIA. ISOLATING CPVC BALL VALVES 22mm DIA. AERATION CPVC PIPE FROM BLOWERS TO EXISTING DAY TANK AND CONNECTING UP TO EXISTING SYSTEM C/W BY PASS WHERE SHOWN. ALL INSTALLTION TO BE SURFACE MOUNT AND ON CABLE TRAY. 22mm DIA. BALL VALVES FOR ABOVE IN CPVC 22mm DIA. CHECK VALVE Supply Air Spigot C/W Spreader And Sponge Type Diffusers As Specified For A Complete Installation - To Include 2 Diffusers For The Daily Tank 75mm DIA. HIGH PRESSURE UPVC SEA WATER FILL PIPE 75mm DOUBLE UNION TYPE UPVC BALL VALVE Installation Only Of Existing 21/2 Inch Dia. Stainless Steel Bowser Connection Unit Inside Fill Point Cabinet. Float Guard Unit C/W Full Tank Alarm Unit Wiring And Heavy Gauge Upvc Conduit HYDROSTATIC CONTENTS GAUGE C/W E-SSENSOR AND CAPILLARY TUBING UP TO 12mtrs Heavy Duty Fill Point Cabinet Manufactured From Aisi 316 Stainless Steel Sheet Metal C/W Hinged Lockable Door Handle. Fixed Solidly Upright On Stainless Steel Legs And Anchored In Position With Concrete. Inclusive Of Power And Control Cabling Run Through Upvc Heavy Gauge Conduit And Flexible Conduit As Required For A Complete Installation Supply And Install Distratification Pumps Inclusive Of Brackets, Suction And Delivery Lines Flexible Connectors, Check Valves And Ball Valves As Per Drawings And Specifications For A Complete Installation Plinths/Bases For The Above Pumps 1 NO 25 mtrs 2 NO 2 NO 45 mtrs 4 1 NO NO 1 NO 25 mtrs 5 2 NO NO 2 NO 2 NO 1 NO 2 NO 2 NO Total Carried Forward Page 61 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 Total Brought Forward 2.21 2.22 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 Supply And Install Booster Pumps Inclusive Of Brackets, Suction And Delivery Lines, Flexible Connectors, Check Valves And Ball Valves As Per Drawings And Specification For A Complete Installation Plinths/Bases For The Above Pumps 50mm Dia. Supply Sea Water Tubing In High Pressure Pn16 Upvc Tubing And Fittings 50mm Dia. Double Union Type Ball Valve C/W Detachable Handles 50mm Dia. Double Union Type Ball Check Valves 50mm Dia. Flanged Ball Float Valve C/W Pvc Ball 20mm Dia. Push-Fit Polybutylene Pipe For Potable Water Make Up Including Connecting Up To Existing System And Chrome Plated Bib Tap. Connecting Up Of Item 27 Above To The Existing System And Including 2 In No. 50mm Dia. Unions 63mm DIA. Upvc Goose Neck Vent C/W Flange And Insect Mesh On Inlet Of Elbow. Height Of Vent To Be Aprox. 250mm Fill Up - Flushing And Commissioning Of System Three Sets Of As Fitted Drawings Including Two Sets Of Maintenance Manuals 2 NO 2 95 NO mtrs 15 NO 2 NO 2 NO 40 mtrs 1 NO 2 NO L/S L/S 2.34 Exhaust Air Fan Of The Wall Mounted Type C/W Bird Mesh Screen And Louvres. Diameter 300mm Including Starter Chased Conduit And Wiring From Distribution Board To Fan Starter With Three Speed Fan Control, Including All Accessories For A Complete Installation. The Electrical Installation Shall Be Classed Ip55 Rating Including Fan L/S 2.35 Relocation Of 2 In Number Split Ac Outdoor Units Currently Located In The New Plant Room Site. Rate To Include The Re-Commissioning Of The Ac Systems. L/S Total Carried Forward to Summary on Page 68 Page 62 Bill 3 – Electrical Works Item 3.1 3.1a 3.2 3.3 3.4 3.5 3.6 3.7 Description Remove All Five Existing Electrical Panels From Existing Plant Room. Mark Out All Connections For Later Reconnections To New Equipment As Specified Control Cabling For Distratification Pumps Inclusive Of Heavy Duty Upvc Conduit / Flexible Conduit, Fittings, Brackets, Fixing Lugs, Terminations, Connecting Up And Termination Labels For A Complete Installation Control Cabling For Booster Pumps To Control Panel Inclusive Of Heavy Duty Upvc Conduit / Flexible Conduit, Fittings, Brackets, Fixing Lugs, Terminations, Connecting Up To And Supplying / Installing Flow Sensor Switches On The Pipework As Indicated In The Schematic Drwg. And Termination Labels For A Complete Installation Supply And Deliver To Site 4 Core, 10mm 2 Copper Conductor Xlpe/Swa/Pvc Cable For Tank Reservoir Room Supply And Deliver To Site Status Control Cable (Multicore As Necessary 1.5mm2 Xlpe/Swa/Pvc) For Two Parallel Indicator Panels To Be Placed In The Plant Room And Aquaria Section Of The Main Building. Panel Shall Have The Features Mentioned In 11 Below Install Arial Cable Trays Spanning From Behind The New Plant Room Towards The Aquaria Section At The Back. Trays Will Be Sited At More Than Three Meters Above Ground Arrying Water And Electrical Cables On Two Distinct Trays (On Top Of Each Other). Contractor To Make Provision For Spanning An Opening Of 10 Meters With 300mm Wide Galvanised Cable Trays With Covers Terminate And Connect At Both Ends 4 Core, 10mm2 Copper Xlpe/Swa/Pvc Cable Including Cable Lugs And Cw Type Brass Glands Terminate And Connect At Both Ends Status Control Cable. Contractor Shall Make Provision For Any Connection Box, Flexible Conduit, Glands, Wiring Up To Different Plant For A Complete Installation. 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 L/S L/S L/S 60 mtrs 60 mtrs 40 mtrs 1 NO 1 NO Total Carried Forward Page 63 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 Total Brought Forward 3.8 Resite, Service And Fix And Connect 3 Phase Distribution Board Db1 As Specified. Panel To Be Ip55 Rated Resite, Service And Fix And Connect 3 Phase Air Blower Panel Db2 As Specified. Panel To Be Ip55 Rated Resite, Service And Fix And Connect 3 Phase Distratification Pump Panel Db3 As Specified. Panel To Be Ip55 Rated Resite, Service And Fix And Connect 3 Phase Bosster Pump Panel Db2 As Specified. Panel To Be Ip55 Rated To Supply And Install Lighting Points With Ip55 Rated Switch Gear A) 8 Light Points Controlled By One Switch B) 2 Light Points Controlled By One Switch For Outside Lighting To Supply And Install Single Phase Power Points With Ip55 Rated Socket Outlets A) 13a Water Proof Socket Outlet 1 NO 1 NO 1 NO 1 NO 8 1 NO NO 3 NO 3.14 To Supply And Install Three Phase Power Points With Ip55 Rated Socket Outlets A) 13a Water Proof Chuck On Socket Outlet 1 NO 3.15 Resite And Service One Indicator Panel To Be Sited In New Plant Room Section Indicating The Following A) No1 Booster Pump Fail B) No2 Booster Pump Fail C) No1 Distratification Pump Fail D) No2 Distratification Pump Fail E) Blower 1 On F) Blower 2 On G) Low Water Level Indication For Each Tk Panel Shall Include Lamp Test Button Mark Out All Electrical Panels As Called For In Specification SUPPLY AND INSTALL LIGHT FITTINGS 1 3.9 3.10 3.11 3.12 3.13 3.16 3.17 3.18 L/S A) TYPE A 8 NO B) TYPE B 2 NO Supply Three Sets Of As Fitted Drawings Including Details Of Electrical Control Panels L/S Total Carried Forward to Summary on Page 68 Page 64 Bill No. 4 – Dayworks BILL 4 Bill 4 4.1 Description Quantity Unit Unit Rate Total (Euro ) (including VAT, Eco Contributio n (if any) and all other charges as may be applicable) (including VAT, Eco Contribution (if any) and all other charges as may be applicable) Dayworks Labour Provide provisional sum for the cost of labour. These costs shall be charged at the actual hours worked on site. The rate shall cover all other charges of every description, including bonus, incentives, superintendent, foremen, administrative staff, timekeeper, insurance's, pensions, holidays with pay, use of small tools (including sharpening), appliances and plant (not included in 'plant' below), establishment charges and profit and VAT. Labour (unskilled) Labour (skilled) 4.2 2,000.00 Hour Hour Materials. Provide provisional sum of €1,800.00 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, distribution on site and for all establishment charges and profit and VAT. 4.3 1,980.00 Plant. Provide provisional sum for the cost of plant used on daywork. The rate shall cover all costs including driver/attendant, fuel, establishment charges and profit in connection with the use of plant on daywork and VAT. (Provisional) Total Carried Forward to Summary on Page 68 2,020.00 6,000.00 Page 65 SCHEDULE OF RATES 1. FOR LABOUR EMPLOYED ON DAYWORK The Contractor shall insert below the category of labour together with the appropriate "all inclusive" rates which he considers may be required for use on Daywork and that will apply up the expiration of the Defects Liability period. LABOUR CATEGORY WORKING DAY HOURLY RATE € WORK BEYOND WORKING DAY HOURLY RATE € MASON LABOURER PLUMBER MECHANICAL FITTER ASSISTANT MECHANICAL FITTER ELECTRICAL FITTER ASSISTANT ELECTRICAL FITTER WELDER METAL WORKER PAINTER PLASTERER DRAIN LAYER Page 66 SCHEDULE OF RATES II. FOR PLANT USED ON DAYWORK The Contractor hall insert below in respect of all items of Plant, which he considers, may be required for use on Daywork together with the appropriate "all inclusive" rate per hour that will apply up to the expiration of the Defects Liability period. LABOUR CATEGORY WORKING DAY HOURLY RATE € WORK BEYOND WORKING DAY HOURLY RATE € COMPACTOR DUMPER MECHANICAL SHOVEL CONCRETE MIXER TRUCK (10 TON) COMPRESSOR PIPE BENDING MACHINE PNEUMATIC DRILL/ JACK HAMMER WATER PUMP STEEL CUTTING MACHINE PNEUMATIC DRILLING WELDING EQUIPMENT TRENCHER AND OTHER TOOLS Page 67 Tender for the Supply, Delivery and Installation of Seawater tanks for the Department of Biology, University of Malta Summary Amount (€) (including VAT, Eco Contribution (if any) and all other charges as may be applicable) Bill No. 1 Preliminaries Bill No. 2 Mechanical Works Bill No. 3 Electrical Installation Bill No. 4 Dayworks ( Provisional) 6,000.00 Grand Total (carried forward to tender form on page 19) The successful bidder shall be bound to conform in all respects with VAT legislation and regulations. Signature: .................................................................... (the person or persons authorised to sign on behalf of the tenderer) Date: .................................................................... Page 68 VOLUME 5 – DRAWINGS Design Documents, including Drawings Section 5.1 List of drawings attached No Name Drawing No Date No 1. Schematic 1 03/10/1/17062012 17/06/2012 2. Schematic 2 03/10/2/17062012 17/06/2012 Proposed Ground 03/10/3/17062012 floor Plan 17/06/2012 3. 4. Proposed Intermediate Floor 03/10/4/17062012 17/06/2012 5. Proposed Roof Plan 03/10/5/17062012 17/06/2012 6. Section AA 03/10/6/17062012 17/06/2012 N.B. The drawings, mentioned above, can also be downloaded by quoting the tender number from the following link:http://www.um.edu.mt/procurement/service/tender Page 69 Section 5.2 List of design documents available – Not Applicable No Designer Design No Design name Date 1. 2. 3. 4 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76