UM1918
TENDER FOR THE SUPPLY, DELIVERY, INSTALLATION, TESTING AND
COMMISSIONING OF ENERGY EFFICIENT AIR CONDITIONING AND
VENTILATION SYSTEM FOR THE MITP THEATRE AT THE VALLETTA
CAMPUS, UNIVERSITY OF MALTA.
Date Published:
16th June 2015
Closing Date:
8th July 2015
at 10:00am CET
Cost of the Tender Document: €50
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 0
Table of Contents
Table of Contents ........................................................................................... 1
VOLUME 1 SECTION 1 – INSTRUCTIONS TO TENDERERS .............................................. 3
A. GENERAL PART ........................................................................................... 3
1. General Instructions ........................................................................................................................... 3
2. Timetable ............................................................................................................................................. 3
3. Lots........................................................................................................................................................ 4
4. Financing .............................................................................................................................................. 4
5. Eligibility .............................................................................................................................................. 4
6. Selection Criteria................................................................................................................................ 4
7. Multiple Tenders ................................................................................................................................. 5
8. Tender Expenses ................................................................................................................................. 5
9. Site Inspection..................................................................................................................................... 5
B. TENDER DOCUMENTS.................................................................................... 5
10. Content of Tender Document ......................................................................................................... 5
11. Explanations/Clarification Notes Concerning Tender Documents ........................................... 6
12. Labour Law ........................................................................................................................................ 6
13. Law ...................................................................................................................................................... 6
C. TENDER PREPARATION ................................................................................. 6
14. Language of Tenders ........................................................................................................................ 6
15. Presentation of Tenders .................................................................................................................. 7
16. Content of Tender (Single-Envelope System) .............................................................................. 7
17. Tender Prices .................................................................................................................................... 8
18. Currencies of Tender and Payments ............................................................................................. 8
19. Period of Validity of Tenders ......................................................................................................... 8
20. Tender Guarantee (Bid Bond) ........................................................................................................ 8
21. Variant Solutions............................................................................................................................... 9
22. Preparation and Signing of Tenders .............................................................................................. 9
D. SUBMISSION OF TENDERS .............................................................................. 9
23. Sealing and Marking of Tenders ..................................................................................................... 9
24. Extension of Deadline for Submission of Tenders ....................................................................... 9
25. Late Tenders ..................................................................................................................................... 9
26. Alterations and Withdrawal of Tenders ..................................................................................... 10
E. OPENING AND EVALUATION OF OFFERS ........................................................... 10
27. Opening of Tenders ........................................................................................................................ 10
28. Secrecy of the Procedure .............................................................................................................. 10
29. Clarification of Tenders ................................................................................................................ 10
30. Tender Evaluation Process ............................................................................................................ 11
31. Correction of Arithmetical Errors ................................................................................................ 11
F. CONTRACT AWARD .................................................................................... 12
32. Criteria for Award .......................................................................................................................... 12
33. Right Of The University of Malta To Accept Or Reject Any Tender ...................................... 12
34. Notification of Award, Contract Clarifications ......................................................................... 12
35. Contract Signing and Performance Guarantee .......................................................................... 13
36. Commencement of Works (Order To Start Works) ................................................................... 13
G. MISCELLANEOUS ....................................................................................... 13
37. Ethics Clauses .................................................................................................................................. 13
38. Data Protection and Freedom of Information ........................................................................... 14
39. Gender Equality .............................................................................................................................. 14
VOLUME 1 SECTION 2 – TENDER FORM ................................................................ 16
VOLUME 1 SECTION 3 – TENDER GUARANTEE FORM – (Not Applicable for this tender)...... 19
VOLUME 1 SECTION 4 - TENDERER’S STATEMENTS ................................................. 21
Page 1
1. Statement on Conditions of Employment .................................................................................... 21
Statement no: 2 - List of Trained Personnel........................................................ 22
3. Literature/List of Samples .............................................................................................................. 23
VOLUME 1 SECTION 5 – GLOSSARY ..................................................................... 25
VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC PROCUREMENT REGULATIONS ....... 27
VOLUME 2 SECTION 1 – DRAFT LETTER OF ACCEPTANCE.......................................... 28
VOLUME 2 SECTION 2 – GENERAL CONDITIONS ...................................................... 29
VOLUME 2 SECTION 3 – SPECIAL CONDITIONS........................................................ 30
General: .................................................................................................... 30
Article 2: Law and language of the contract ............................................................................... 30
Article 3: Order of precedence of contract documents .................................................................. 30
Article 4: Communications .................................................................................................... 30
Article 7: Supply of Documents .............................................................................................. 30
Article 8: Assistance with Local Regulations ............................................................................... 30
Article 9: The Contractor’s Obligations ..................................................................................... 31
Article 11: Performance Guarantee ......................................................................................... 31
Article 12: Insurance ........................................................................................................... 31
Article 13: Performance Programme (Timetable) ......................................................................... 31
Article 14: Contractor’s Drawings............................................................................................ 31
Article 15: Tender Prices ...................................................................................................... 32
Article 17: Patents and Licences ............................................................................................. 32
Article 18: Commencement Date ............................................................................................ 32
Article 19: Period of Performance ........................................................................................... 32
Article 21: Delays in Performance ........................................................................................... 32
Article 22: Variations ........................................................................................................... 32
Article 24: Quality of Supplies ................................................................................................ 33
Article 25: Inspection and Testing ........................................................................................... 33
Article 26: Payments: General Principles .................................................................................. 33
Article 26: Pre-financing ...................................................................................................... 33
Article 26: Retention Monies .................................................................................................. 33
Article 28: Delayed Payments ................................................................................................ 33
Article 30.6: Supervisor and Supervisor's representative ................................................................ 34
Article 31: Provisional Acceptance .......................................................................................... 34
Article 32: Warranty Obligations ............................................................................................. 34
Article 40: Amicable dispute settlement ................................................................................... 34
Article 41: Dispute Settlement by Litigation ............................................................................... 35
Article 44: Checks and Audits ................................................................................................ 35
VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE .................................. 36
VOLUME 2 SECTION 5 – SPECIMEN PREFINANCING PAYMENT GUARANTEE – Not Applicable
for this tender ............................................................................................. 37
VOLUME 2 SECTION 6 – SPECIMEN RETENTION GUARANTEE – Not Applicable for this
Tender ...................................................................................................... 38
VOLUME 3 - TECHNICAL SPECIFICATIONS ............................................................. 39
3.1
PREAMBLE TO SPECIFICATION.................................................................................................. 39
3.2
WORKMANSHIP ........................................................................................................................... 41
3.3
MATERIALS SPECIFICATION - Ventilation equipment ........................................................ 43
3.4
MATERIAL SPECIFICATIONS - Air-conditioning System ........................................................ 44
3.5
Compliance with Green Public Procurement Criteria (GPP) - Insulation for pipe
works and ducts ........................................................................................................................................ 51
VOLUME 4 - FINANCIAL BID.............................................................................. 53
VOLUME 5 – DRAWINGS .................................................................................. 67
List of drawings attached .................................................................................................................... 67
List of design documents available – Not Applicable ...................................................................... 68
~~~~~~~~~~~~~~~
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VOLUME 1 SECTION 1 – INSTRUCTIONS TO TENDERERS
A. GENERAL PART
1. General Instructions
1.1
In submitting a tender, the tenderer accepts in full and in its entirety, the content of this
tender document, including subsequent Clarifications issued by the University of Malta,
whatever his own corresponding conditions may be, which he hereby waives. Tenderers are
expected to examine carefully and comply with all instructions, forms, contract provisions and
specifications contained in this tender document.
No account can be taken of any reservation in the tender as regards the tender document; any
disagreement, contradiction, alteration or deviation shall lead to the tender offer not being
considered any further.
The Evaluation Committee shall, after having obtained approval by the Departmental Contracts
Committee, request rectifications in respect of incomplete/non-submitted information
pertinent to the documentation as outlined in sub-Clause 16.1(a), 16.1(b), and 16.1(c) of these
Instructions to Tenderers. Such rectification/s must be submitted within two (2) working days
from notification, and will be subject to a non-refundable administrative penalty of €50: failure
to comply shall result in the tender offer not being considered any further.
No rectification shall be allowed in respect of the documentation as outlined in sub-Clause
16.1(d), 16.1(e) and 16.1(f) of these Instructions to Tenderers. Only clarifications on the
submitted information in respect of the latter may be eventually requested.
1.2
This is a call for tenders for the supply, delivery, installation, testing and commissioning of Air
Conditioning and Ventilation System for the MITP Theatre at the Valletta Campus, University of
Malta.
1.3
This is a unit-price (Bill of Quantities) contract.
1.4
The tenderer will bear all costs associated with the preparation and submission of the tender. The
University of Malta will in no case be responsible or liable for such costs, whatever the conduct or
outcome of the procedure.
1.5
The University of Malta retains ownership of all tenders received under this tender procedure.
Consequently, tenderers have no right to have their tenders returned to them.
2. Timetable
DATE
Clarification Meeting/Site Visit
TIME*
Not Applicable
---------
Deadline for request for any additional
information from the Contracting Authority
Tuesday, 30th June 2015
5.15pm
Last date on which additional information are
issued by the University of Malta
Thursday, 2nd July 2015
5.15pm
Deadline for submission of tenders
Wednesday, 8th July 2015
10:00am
Wednesday, 8th July 2015
10.15am
(Refer to Clause 9.2)
(unless otherwise modified in terms of Clause 11.3)
Tender opening session (Refer to clause 27.1)
* All times Central European Time (CET)
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3. Lots
3.1
This tender is not divided into lots, and tenderers must submit an offer for all of the items.
Nevertheless, the University of Malta reserves the right of accepting any tender wholly or in part,
or of dividing the contract among two or more tenderers.
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)
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This information must follow the forms in Volume 1, Section 4 of the tender documents and
include:

a list of trained staff on the equipment being proposed or alternatively submit a list of staff
that will be trained on the equipment; (Volume 1, Section 4 – Statement 2);

copies of proper training certification or educational certification for the above, as
applicable.

Data concerning sub-contractors and the percentage of works to be sub-contracted:
The maximum amount of sub-contracting must not exceed 50% of the total contract value.
The main contractor must have the ability to carry out at least 50% of the contract works by
his own means.
7. Multiple Tenders
7.1
A tenderer may submit multiple tender offers.
7.2
A company may not tender for a given contract both individually and as a partner in a joint
venture/consortium.
7.3
A company may not tender for a given contract both individually/partner in a joint
venture/consortium, and at the same time be nominated as a sub-contractor by any another
tenderer, or joint venture/consortium.
7.4
A company may act as a sub-contractor for any number of tenderers, and joint ventures/consortia,
provided that it does not participate individually or as part of a joint venture/consortium, and that
the nominations do not lead to a conflict of interest, collusion, or improper practice.
8. Tender Expenses
8.1
The tenderer will bear all costs associated with the preparation and submission of the tender.
8.2
The University of Malta will neither be responsible for, nor cover, any expenses or losses incurred
by the tenderer through site visits and inspections or any other aspect of his tender.
9. Site Inspection
9.1
A tenderer may visit the site of the works and its surroundings for the purpose of assessing, at his
own responsibility, expense and risk, factors necessary for the preparation of his tender and the
signing of the contract for the works.
B. TENDER DOCUMENTS
10. Content of Tender Document
10.1
The set of tender documents comprises the following documents and should be read in conjunction
with any clarification notes issued in accordance with Clause 24:
Volume 1
Volume 2
Volume 3
Volume 4
Volume 5
10.2
Instructions to Tenderers
Draft Letter of Acceptance
 General
Conditions
(available
online
http://contracts.gov.mt/en/Resources/Pages/Resources.aspx)
 Special Conditions
Technical Specifications
Model Financial Bid/Bill of Quantities
Drawings
from
Tenderers bear sole liability for examining with appropriate care the tender documents, including
those design documents available for inspection, and any clarification notes to the tender
documents issued during the tendering period, and for obtaining reliable information with respect
to conditions and obligations that may in any way affect the amount or nature of the tender or the
Page 5
execution of the works. In the event that the tenderer is successful, no claim for alteration of the
tender amount will be entertained on the grounds of errors or omissions in the obligations of the
tenderer described above.
10.3
The tenderer must provide all documents required by the provisions of the tender document. All
such documents, without exception, must comply strictly with these conditions and provisions and
contain no alterations made by the tenderer.
11. Explanations/Clarification Notes Concerning Tender Documents
11.1
Tenderers may submit questions in writing to the University of Malta through:
 sending an email to tenders.procurement@um.edu.mt
 through www.um.edu.mt/procurement/contact
 fax number +356 21314307
up to 8 calendar days before the deadline for submission of tenders, that is up to Tuesday 30th
June 2015. 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.
Page 6
15. Presentation of Tenders
15.1
Tenders must satisfy the following conditions:
(a)
All tenders must be submitted in one original.
(b)
The documents are to be sealed and placed in a sealed envelope/package so that
the bid can be identified as one tender submission.
(c)
All tenders must be received by date and time indicated in the timetable at Clause
2 and deposited in the tender box at Room 323, Procurement Directorate,
Administration Building, University of Malta, Msida MSD 2080, Malta.
(d)
All packages, as per (b) above, must bear only:
(i)
the above address;
(ii)
the reference of the invitation to tender concerned;
(iii)
the number of the lot(s) to which the tender refers (if applicable);
(iv)
the name of the tenderer.
16. Content of Tender (Single-Envelope System)
16.1
The tender must comprise the following duly completed documents, inserted in a single, sealed
envelope (unless their volume requires a separate submission):
(a)
An original bid-bond for the amount of [€...........], in the form provided in Volume
NOT APPLICABLE FOR THIS TENDER
1, Section 3(Note 1)
(b)
General/Administrative Information(Note 2)
(i)
(ii)
(c)
Proof of Purchase of tender document (receipt) –
Statement on Conditions of Employment (Volume 1, Section 4)
Selection Criteria(Note 2)
Financial and Economic Standing(Note 2) (Not Applicable)
(d)
Technical Capacity(Note 2)
(i)
(e)
Evaluation Criteria/Technical Specifications
(i)
(ii)
(f)
Proof of Technical Capacity (Volume 1, Section 4)
Tenderer’s Technical Offer in response to specifications (Note 3) (Volume 3)
Literature/List of Samples(Note 2)
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 excluding 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.
Page 7
Tenderers must indicate where the above documentation is to be found in their offer by using
an index. All documentation is to be securely bound/filed.
Tenderers are NOT required NOR expected to submit, with their offer, any components of the
tender document except those specifically mentioned in Clause 16.
17. Tender Prices
17.1
The tender price must cover the whole of the works as described in the tender documents.
17.2
The tenderer must provide a breakdown of the overall price in Euro (€).
17.3
Tenderers must quote all components of the price inclusive of taxes, customs and import duties
and any discounts BUT excluding VAT. VAT shall be paid in accordance with the applicable VAT
Regulations. Except as may otherwise be provided for in the contract, no payment will be made for
items which have not been costed.
17.4
Different options are to be clearly identifiable in the technical and financial submission; a
separate Tender Form (as per Volume 1, Section 2) marked ‘Option 1’, ‘Option 2’ etc. for each
individual option clearly outlining the price of the relative option, is to be submitted.
17.5
If the tenderer offers a discount, the discount must be absorbed in the rates of the Bill of
Quantities/Financial Statement.
17.6
The prices for the contract must include all of the works to be provided. The prices quoted are
fixed and not subject to revision or escalation in costs, unless otherwise provided for in the Special
Conditions.
18. Currencies of Tender and Payments
18.1
The currency of the tender is the Euro (€). All sums in the breakdown of the overall price, in the
questionnaire and in other documents must be expressed in Euro (€), with the possible exception
of originals of bank and annual financial statements.
18.2
Payments will be made upon certification of works by the Contracting Authority, based on the
invoice issued by the Contractor, in accordance with the timeframes, terms and conditions of the
contract.
18.3
All correspondence relating to payments, including invoices and interim and final statements must
be submitted as outlined in the contract.
19. Period of Validity of Tenders
19.1
Tenders must remain valid for a period of 150 days after the deadline for submission of tenders
indicated in the contract notice, the tender document or as modified in accordance with Clauses
11.3 and/or 24. Any tenderer who quotes a shorter validity period will be rejected.
19.2
In exceptional circumstances the University of Malta may request that tenderers extend the
validity of tenders for a specific period. Such requests and the responses to them must be made in
writing. A tenderer may refuse to comply with such a request without forfeiting his tender
guarantee (Bid Bond). However, his tender will no longer be considered for award. If the tenderer
decides to accede to the extension, he may not modify his tender.
19.3
The successful tenderer must maintain his tender for a further 60 days from the date of
notification of award.
20. Tender Guarantee (Bid Bond)
20.1
No tender guarantee (bid bond) is required.
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21. Variant Solutions
21.1
No variant solutions will be accepted. Tenderers must submit a tender in accordance with the
requirements of the tender document.
22. Preparation and Signing of Tenders
22.1
All tenders must be submitted in one original document. Tenders must comprise the documents
specified in Clause 16 above.
22.2
The tenderer’s submission must be typed in, or handwritten in indelible ink. Any pages on which
entries or corrections to his submission have been made must be initialled by the person or persons
signing the tender. All pages must be numbered consecutively by hand, machine or in any other
way acceptable to the University of Malta.
22.3
The tender must contain no changes or alterations, other than those made in accordance with
instructions issued by the University of Malta (issued as clarification notes) or necessitated by
errors on the part of the tenderer. In the latter case, corrections must be initialled by the person
signing the tender.
22.4
The tender will be rejected if it contains any alteration, tampering, addition or deletion to the
tender documents not specified in a clarification note issued by the University of Malta.
D. SUBMISSION OF TENDERS
23. Sealing and Marking of Tenders
23.1
The tenders must be submitted in English and deposited in the Department’s tender box before the
deadline specified in Clause 2 or as otherwise specified in accordance with Clause 11.1 and/or 24.1.
They must be submitted:
EITHER by recorded delivery (official postal/courier service) or hand delivered to:
Procurement Directorate, Room 323
2nd Floor, Administration Building
University of Malta – Msida MSD 2080
Tel: 23402212/3; Fax: 21314307
Tenders submitted by any other means will not be considered.
23.2
Tenderers must seal the original tender as outlined in Clause 15.
23.3
If the outer envelope is not sealed and marked as required in Sub clause 15.1, the University of
Malta will assume no responsibility for the misplacement or premature opening of the tender.
24. Extension of Deadline for Submission of Tenders
24.1
The University of Malta may, at its own discretion, extend the deadline for submission of tenders by
issuing a clarification note in accordance with Clause 11. In such cases, all rights and obligations of
the University of Malta and the tenderer regarding the original date specified in the contract notice
will be subject to the new date.
25. Late Tenders
25.1
All tenders received after the deadline for submission specified in the contract notice or these
instructions will be kept by the University of Malta. The associated guarantees will be returned to
the tenderers.
25.2
No liability can be accepted for late delivery of tenders. Late tenders will be rejected and will not
be evaluated.
Page 9
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.
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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

30.4
Evidence of technical capacity
Part 3: Technical Compliance
At this step of the evaluation process, the Evaluation Committee will analyse the administrativelycompliant tenders’ technical conformity in relation to the technical specifications (Volume 3, and
the documentation requested by the Contracting Authority as per sub-Clause 16(e)), classifying
them technically compliant or non-compliant.
30.5
Part 4. Financial Evaluation
The financial offers for tenders which were not eliminated during the technical evaluation (i.e.,
those found to be technically compliant) will be evaluated.
The Evaluation Committee will check that the financial offers contain no arithmetical errors as
outlined in Clause 31. [If the tender procedure contains several lots, financial offers are compared
for each lot.] The financial evaluation will have to identify the best financial offer [for each lot].
31. Correction of Arithmetical Errors
31.1
Admissible tenders will be checked for arithmetical errors by the Evaluation Committee. Errors will
be corrected as follows:
(a) where there is a discrepancy between amounts in figures and in words, the amount in words
will prevail;
(b) where there is a discrepancy between a unit price and the total amount derived from the
multiplication of the unit price and the quantity, the unit price as quoted will prevail.
31.2
The amount stated in the tender will be adjusted by the Evaluation Committee in the event of
error, and the tenderer will be bound by that adjusted amount. In this regard, the Evaluation
Committee shall seek the prior approval of the Departmental Contracts Committee to communicate
the revised price to the tenderer. If the tenderer does not accept the adjustment, his tender will
be rejected and his tender guarantee forfeited.
Page 11
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;
(iv) the reasons why the tenderer did not meet the technical specifications/notification that the
offer was not the cheapest (if applicable);
(v) the deadline for filing a notice of objection (appeal);
(vi) the deposit required if lodging an appeal.
34.3
The recommendations of the Evaluation Committee and the Department Contracts Committee shall
be published on the Notice Board of the University of Malta, Procurement Directorate,
Administration Building, 2nd Floor, and published online on the University of Malta’s website,
www.um.edu.mt/procurement/service/tender under the respective tender page.
Page 12
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.
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.
Page 13
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 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
Page 14
these principles are manifest in the organigram of the company where the principles
aforementioned, including the selection criteria for access to all jobs or posts, at all levels of the
occupation hierarchy are amply proven. In this document words importing one gender shall also
include the other gender.
Page 15
VOLUME 1 SECTION 2 – TENDER FORM
(A separate, distinct Tender Form must be submitted for EACH OPTION – if applicable)
TENDER FOR THE SUPPLY, DELIVERY, INSTALLATION, TESTING AND COMMISSIONING OF
ENERGY EFFICIENT AIR CONDITIONING AND VENTILATION SYSTEM FOR THE MITP
THEATRE AT THE VALLETTA CAMPUS, UNIVERSITY OF MALTA. - UM1918
A. TENDER
SUBMITTED BY:
(This will be included in the Summary of Tenders Received)
In case of a Joint Venture/Consortium:
Name(s) of Leader/Partner(s)
Leader 1
Partner
Nationality
Proportion
of
Responsibilities2
1
Etc …
1. Add/delete additional lines for partners as appropriate. Note that a sub-contractor is not considered to be a partner for the purposes
of this tender procedure. If this tender is being submitted by an individual tenderer, the name of the tenderer should be entered as
'leader' (and all other lines should be deleted)
2. Proposed proportion of responsibilities between partners (in %) with indication of the type of the works to be performed by each
partner (the company acting as the lead partner in a joint venture/consortium, they must have the ability to carry out at least 50% of
the contract works by its own means. If a company is another partner in a joint venture/consortium (i.e. not the lead partner) it must
have the ability to carry out at least 10% of the contract works by its own means).
Work intended to be subcontracted
Name and details of
sub-contractors
Value of subcontracting as
percentage of the
total cost 3
Experience in
similar works
(details to be
specified)
1
2
(.)
3. The maximum amount of sub-contracting must not exceed [50%] of the total contract value. The main contractor must have the
ability to carry out at least [50%] of the contract works by his own means.
NOTE TO COMPILER: THIS SECTION IS TO BE REMOVED/MARKED NOT APPLICABLE IF NO SUB-CONTRACTING IS ALLOWED. LIAISE WITH DOC
B
CONTACT PERSON (for this tender)
Name
Surname
Telephone
(____) ________________________
Fax
(____) ________________________
Address
...............................................................................................................
...............................................................................................................
...............................................................................................................
E-mail
Page 16
C
TENDERER'S DECLARATION(S)
To be completed and signed by the tenderer (including each partner in a consortium).
In response to your letter of invitation to tender for the above contract, we, the undersigned, hereby
declare that:
1
We have examined, and accept in full and in its entirety, the content of this tender document
(including subsequent Clarifications Notes issued by the University of Malta) for invitation to tender No
UM1918 of [16/06/2015]. We hereby accept the contents thereto in their entirety, without
reservation or restriction. We also understand that any disagreement, contradiction, alteration or
deviation shall lead to our tender offer not being considered any further.
2
We offer to execute, in accordance with the terms of the tender document and the conditions and
time limits laid down, without reserve or restriction, the following works:
Bill 1: Preliminaries
Bill 2: Ventilation System
Bill 3: Air conditioning System
3
We confirm that the Grand Total Price of our tender (inclusive of duties, other taxes/charges, EcoContribution (if any) and any discounts but excluding VAT) is according to the Grand Total on the
Summary of the Bill of Quantities on page 66 of this document.
4
This tender is valid for a period of 150 days from the final date for submission of tenders.
5
If our tender is accepted, we undertake to provide a performance guarantee of 10% of the contract
value as required by the General Conditions.
6
We are making this application in our own right and [as partner in the consortium led by < name of
the leader / ourselves >] for this tender. We confirm that we are not tendering for the same contract
in any other form. [We confirm, as a partner in the consortium, that all partners are jointly and
severally liable by law for the performance of the contract, that the lead partner is authorised to bind,
and receive instructions for and on behalf of, each member, and that all partners in the joint
venture/consortium are bound to remain in the joint venture/consortium for the entire period of the
contract's performance]. We are fully aware that, in the case of a consortium, the composition of the
consortium cannot be modified in the course of the tender procedure.
7
We are not bankrupt or under an administration appointed by the Court, or under proceedings leading
to a declaration of bankruptcy. We also declare that we have not been convicted criminally, or found
guilty of professional misconduct. Furthermore, we are up-to-date in the payment of social security
contributions and other taxes.
8
We accept that we shall be excluded from participation in the award of this tender if compliance
certificates in respect of declarations made under Clause 7 of this declaration are not submitted by the
indicated dates.
9
We agree to abide by the ethics clauses of the instructions to tenderers and, in particular, have no
potential conflict of interests or any relation with other candidates or other parties in the tender
procedure at the time of the submission of this application. We have no interest of any nature
whatsoever in any other tender in this procedure. We recognise that our tender may be excluded if we
propose key experts who have been involved in preparing this project or engage such personnel as
advisers in the preparation of our tender.
10
We will inform the University of Malta immediately if there is any change in the above circumstances
at any stage during the implementation of the contract. We also fully recognise and accept that any
false, inaccurate or incomplete information deliberately provided in this application may result in our
exclusion from this and other contracts funded by the Government of Malta and the European
Communities.
11
Our tender submission has been made in conformity with the Instructions to Tenderers, and in this
respect we confirm having included in the appropriate packages as required, the following
documentation:
(a)
Tender Guarantee (Note 1)
o Bid Bond (not applicable)
Page 17
(b)
(c)
(d)
(e)
General Information (Note 2)
o Proof of Purchase (Receipt)
o Statement on Conditions of Employment
Selection Criteria (Note 2)
Financial and Economic Standing (Note 2)
o Not applicable
Technical Capacity (Note 2)
● Proof of Technical Capacity
Evaluation Criteria/Technical Specifications
● Tenderer’s Technical Offer(Note 3)
● Literature /List of Samples(Note 2)
(f)
Tender Form, and Financial Offer/Bill of Quantities (Note 3)
Notes:
1. Tenderers will be requested to clarify/rectify, within two working days from notification,
the tender guarantee only in the following two circumstances: either incorrect validity date,
and/or incorrect value. This is indicated by the symbol ○
2. Tenderers will be requested to either clarify/rectify any incorrect and/or incomplete
documentation, and/or submit any missing documents within two working days from
notification. This is indicated by the symbol ○
3. No rectification shall be allowed. Only clarifications on the submitted information may be
requested. This is indicated by the symbol ●
12
I acknowledge that the University of Malta and/or Contracting Authority shall request rectifications in
respect of incomplete/non-submitted information pertinent to the documentation listed in Clause
11(a), 11(b), and 11(c) of this Tender Form. We understand that such rectification/s must be
submitted within two (2) working days, and will be subject to a non-refundable administrative penalty
of €50, and that failure to comply shall result in our offer not being considered any further.
13
We note that the University of Malta is not bound to proceed with this invitation to tender and that it
reserves the right to cancel or award only part of the contract. It will incur no liability towards us
should it do so.
Name and Surname:
_________________________________________
I.D. / Passport Number:
_________________________________________
Signature of tenderer:
_________________________________________
Duly authorised to sign this tender on behalf of:
_________________________________________
Company/Lead Partner VAT No: (if applicable)
_________________________________________
Stamp of the firm/company:
_________________________________________
Place and date:
_________________________________________
Page 18
VOLUME 1 SECTION 3 – TENDER GUARANTEE FORM – (Not Applicable for this tender)
[On the headed notepaper of the financial institutions providing the guarantee]
Whereas the Director of Contracts has invited tenders for
............................................................................................................................. .........
and whereas Messrs .................................................................................... [Name of tenderer]
(hereinafter referred to as the Tenderer) is submitting such a tender in accordance with such invitation, we
................................................... [Name of Bank], hereby guarantee to pay you on your first demand
in writing a maximum sum of ................................................................. Euro (€...............) in
case the Tenderer withdraws his tender before the expiry date or in the case the Tenderer fails to provide
the Performance Bond, if called upon to do so in accordance with the Conditions of Contract.
The guarantee becomes payable on your first demand and it shall not be incumbent upon us to verify
whether such demand is justified.
This guarantee is valid for a period of one hundred and fifty (150) days from the closing date of submission of
tenders, and expires on the .................................... Unless it is extended by us or returned to us for
cancellation before that date, any demand made by you for payment must be received at this office in
writing not later than the above-mentioned expiry date.
This document should be returned to us for cancellation or utilisation or expiry or in the event of the
guarantee being no longer required.
After the expiry date and in the absence of a written demand being received by us before such expiry date,
this guarantee shall be null and void, whether returned to us for cancellation or not, and our liability
hereunder shall terminate.
Yours faithfully,
..................................
Bank Manager
..................................
Date
Page 19
Annex To Tender Guarantee Form – Not Applicable for this tender
Contact Details of Tenderer
Name of Tenderer/Joint
Venture/Consortium
......................................................................
......................................................................
Email Address
......................................................................
Telephone Number
......................................................................
Fax Number
......................................................................
Mobile Number
......................................................................
Name and Surname of Contact Person (Title)
......................................................................
(To be submitted with the Tender Guarantee in case the provisions of
Article 1.1 of the Instructions to Tenderer need to be applied)
Page 20
VOLUME 1 SECTION 4 - TENDERER’S STATEMENTS
1. Statement on Conditions of Employment
Tenderers are to ensure that self-employed personnel are not engaged on this contract.
Non-compliance will invalidate the contract.
It is hereby declared that all employees engaged on this contract shall enjoy working conditions such as
wages, salaries, vacation and sick leave, maternity and parental leave as provided for in the relative
Employment Legislation. Furthermore, we shall comply with Chapter 424 of the Laws of Malta (Occupational
Health and Safety Authority Act) as well as any other national legislation, regulations, standards and/or
codes of practice or any amendment thereto in effect during the execution of the contract.
In the event that it is proved otherwise during the execution of the contract it is hereby being consented that
the contract is terminated with immediate effect and that no claim for damages or compensation be raised
by us.
Signature:
.............................................................
(the person or persons authorised to sign on behalf of the tenderer)
Date:
.............................................................
Page 21
2. Statement List of Trained Personnel
Publication reference: UM 1918
In line with Article 6.1.2 of the Instructions to Tenderers, please indicate the personnel trained on the
equipment being proposed.
Name and Surname
Designation
Qualifications
Signature: .............................................................
(the person or persons authorised to sign on behalf of the tenderer)
Date:
.............................................................
Page 22
3. Literature/List of Samples
1. List of literature to be submitted with the tender:
Item
Description
1.0
Air Conditioning
1.1
Drains
1.2
Insulation for copper Pipes / drains
1.3
Weather proofing of insulation
1.4
Duct
1.5
Supply Diffusers / grilles
1.6
Return air grille
1.7
VRF Type AC
1.8
Bracketing for pipework
1.9
Split type AC
1.11
A/C controllers
1.12
Galvanized Frame Supports for Outdoor units
1.13
Reference in Technical
Specifications
Please refer to Technical
Specifications in Volume 3
Support Structure for outdoor units including anti
vibration mountings
2.0
Ventilation
2.1
Centrifugal in line fan
2.2
Duct
2.3
Diffusers / grilles
2.4
Return air grille
2.5
Differential pressure alarm
2.6
Silencers
2.7
Filter box
2.8
Variable speed control system
2.9
External weatherproof louvers
Page 23
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 24
VOLUME 1 SECTION 5 – GLOSSARY
Definitions
Note: the present definitions are given here for convenience only, in the context of the tender
procedure. The definitions set out in the contract as concluded are determining for the relations
between the parties to the contract.
Administrative order: Any instruction or order issued by the Engineer to the Contractor in writing
regarding the execution of the works.
Breakdown of the overall price: A heading-by-heading list of the rates and costs making up the price for
a lump sum contract.
University of Malta: means the Department of Contracts
Contracting Authority: means the final beneficiary
Conflict of interest: Any event influencing the capacity of a candidate, tenderer or supplier to give an
objective and impartial professional opinion, or preventing him, at any moment, from giving priority to
the interests of the University of Malta and the Contracting Authority. Any consideration relating to
possible contracts in the future or conflict with other commitments, past or present, of a candidate,
tenderer or supplier, or any conflict with his own interests. These restrictions also apply to subcontractors and employees of the candidate, tenderer or supplier.
Contract value: The total value of the contract to be paid by the Contracting Authority in terms of the
agreed terms and conditions.
Contractor: The successful tenderer, once all parties have signed the contract.
Day: Calendar day.
Dayworks: Varied work inputs subject to payment on an hourly basis for the Contractor's employees and
plant.
Defects Notification Period: The period stated in the contract immediately following the date of
provisional acceptance, during which the Contractor is required to complete the works and to remedy
defects or faults as instructed by the Engineer.
Drawings: Drawings provided by the Contracting Authority and/or the Engineer, and/or drawings provided
by the Contractor and approved by the Engineer, for the carrying out of the works.
Engineer's representative: Any natural or legal person, designated by the Engineer as such under the
contract, and empowered to represent the Engineer in the performance of his functions, and in exercising
such rights and/or powers as have been delegated to him. In this case, references to the Engineer will
include his representative.
Equipment: Machinery, apparatus, components and any other articles intended for use in the works
Evaluation committee: a committee made up of an odd number of voting members (at least three)
appointed by the University of Malta and possessing the technical, linguistic and administrative capacities
necessary to give an informed opinion on tenders.
Final acceptance certificate: Certificate(s) issued by the Engineer to the Contractor at the end of the
defects notification period stating that the Contractor has completed his obligations to construct,
complete, and maintain the works concerned.
Final Beneficiary: The Department/Entity or other government body on whose behalf the Department of
Contracts has issued this tender.
Foreign currency: Any currency permissible under the applicable provisions and regulations other than
the Euro, which has been indicated in the tender.
Page 25
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 26
VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC PROCUREMENT
REGULATIONS
Section 21 - Right of Recourse
(1) Where the estimated value of the public contract exceeds twelve thousand euro (€12,000) and is
issued by an authority listed in Schedule 1, any tenderer or candidate concerned shall have a right to
make a complaint to the Review Board in accordance with this regulation.
(2) (a) The contracting authority shall be obliged to issue a notice and affix an advertisement, in a
prominent place at its premises, indicating the awarded public contract, the financial aspect of the award
and the name of the successful tenderer. The contracting authority shall, by electronic means or by fax,
inform the tenderer or candidate concerned of the publication of the award. The contracting authority
shall be precluded from concluding the contract during the period allowed for the submission of appeals.
(b) The award process shall be completely suspended if an appeal is eventually submitted.
(3) Any tenderer or candidate concerned who is aggrieved by the award indicated by the contract
authority may, within five working days from the publication of the notice, file a letter of objection,
together with a deposit, with the contracting authority, clearly setting forth any reason for his complaint.
The deposit to be paid in respect of tenders valued at less than forty-seven thousand euro (€47,000) shall
be four hundred euro (€400), while those between forty-seven thousand euro (€47,000) and one hundred
and twenty thousand euro (€120,000) shall be 0.5% of the estimated value of the tender, with a minimum
deposit of four hundred euro (€400).
The letter by the complaining tenderer shall be affixed on the notice board of the contracting authority
and shall be brought to the attention of the recommended tenderer.
(4) After the expiry of the period allowed for the submission of a complaint, the contracting authority
shall deliver the letter of complaint, the deposit receipt and all documents relating to the public contract
in question to the Review Board who shall examine the matter in a fair and equitable manner. In its
deliberation the Review Board shall have the authority to obtain, in any manner it deems appropriate, any
other information not already provided by the contracting authority. The Review Board shall determine
the complaint by upholding or rejecting it. The written decision of the Review Board shall be affixed on
the notice board of the contracting authority and copies thereof shall be forwarded to the Director of
Contracts and all the parties involved.
(5) The tenderer or candidate concerned who is not satisfied with the decision granted by the Review
Board may refer the matter to the Court of Appeal (Inferior Jurisdiction) in terms of article 41(6) of the
Code of Organization and Civil Procedure within a period of sixty days. Such recourse however may not
delay the Head of the contracting authority from implementing the Review Board’s decision.
(6) Tender documents issued in terms of this Part shall include a clause informing tenderers that the
award of the contract is subject to the right of recourse as provided for in this regulation, a copy of which
should be reproduced in the documents.
(7) The Minister shall have the authority by order to extend the provisions of this regulation in order that
recourse as provided in this regulation be made available also by authorities listed in Schedule 3 and to
prescribe the procedure by which such recourse is to be granted.
Page 27
VOLUME 2
VOLUME 2 SECTION 1 – DRAFT LETTER OF ACCEPTANCE
Our Ref: EB/eb/_______
[……………………………………..]
[……………………………………..]
[……………………………………..]
[……………………………………..]
[……………………………………..]
Attn [……………………………………..] [……………………………………..]
Dear Sirs,
UM/1918 -
TENDER FOR THE SUPPLY, DELIVERY, INSTALLATION, TESTING AND COMMISSIONING OF
ENERGY EFFICIENT AIR CONDITIONING AND VENTILATION SYSTEM FOR THE MITP
THEATRE AT THE VALLETTA CAMPUS, UNIVERSITY OF MALTA.
This is to inform you that your Tender, dated the [……………………………………..], for the above mentioned
goods in caption, made under the abovementioned Call for Tenders, has been accepted by the University
of Malta in full compliance with the General Conditions of Contract that were attached to the Tender
Documents.
As undertaken by your good selves in the tender you are to supply, deliver and install, the detailed
furniture as per tender specifications within [……………………………………..] weeks, for a sum of
[……………………………………..] exclusive 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 28
VOLUME 2 SECTION 2 – GENERAL CONDITIONS
The full set of General Conditions for Supply Contracts (Version 1.05 dated 20th January
2015) can be viewed/downloaded from:
http://contracts.gov.mt/en/Resources/Pages/Resources.aspx
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 29
VOLUME 2 SECTION 3 – SPECIAL CONDITIONS
These conditions amplify and supplement, if necessary, the General Conditions governing the
contract. Unless the Special Conditions provide otherwise, those General Conditions remain fully
applicable. The numbering of the Articles of the Special Conditions is not consecutive but
follows the numbering of the Articles of the General Conditions. Other Special Conditions should
be indicated afterwards.
General:
Kindly note that wherever there is the term ‘Central Government Authority’ in the General
Conditions, it is deemed to read as ‘the University of Malta’.
Article 2: Law and language of the contract
The Laws of Malta shall apply in all matters not covered by the provisions of the contract.
The language used shall be English.
Article 3: Order of precedence of contract documents
The contract is made up of the following documents, in order of precedence:
(a) the Letter of Acceptance,
(b) any other applicable documents.
Addenda have the order of precedence of the document they are modifying.
Article 4: Communications
4.1 Director of Procurement
Administration Building
University of Malta
Msida
Telephone: +356 2340 2212/3
Fax:
+356 21314307
Email:
tenders.procurement@um.edu.mt
Web:
www.um.edu.mt/procurement
All communications must be done in the English Language, as per General Conditions
Article 7: Supply of Documents
As per General Conditions
Article 8: Assistance with Local Regulations
The contractor shall comply with and fulfil all obligations imposed by Act 19 of the Police Laws and
shall give all notices, obtain all permits; pay all fees that may be lawfully demanded by Public
Offices in respect of works and complies with all requirements of the law and lawful authority.
The contractor shall be responsible for the satisfactory working of the complete installation to the
entire satisfaction of the Engineer as regards workmanship, materials, execution and maintenance
within the guarantee periods specified and shall be responsible for compliance with all Statutory and
Local Regulations and for compliance with all the tests required by the Engineer and all tests
required by Enemalta Corporation.
Page 30
Article 9: The Contractor’s Obligations
Without prejudice to the Contents of Articles 11.1 to 11.10 of the General Conditions:The Contractor will be responsible for the safety of the works (including the materials and plant)
until they are taken possession of by the University and shall stand the risk and be responsible for
and must with all possible speed make good, all damage caused by accident, weather, storm or any
other causes at his own expense.
The Contractor must cover up and protect from damage from any cause, all new work. He must
supply protection from the whole of the works executed and any damage caused must be made good
by the contractor at his own expense
The work shall be carried out in accordance with the directions and to the satisfaction of the
architects, specifications and Schedule of Quantities and such further drawings and directions as
may from time to time be given by the architects or supplied by the contractor as part of this
contract. If the work shown on any such direction be in the opinion of the contractor, extra to that
comprised in the specifications he shall, before proceeding with such work, give notice to this effect
to the architects, but if no notice is given to the architects before the execution of the work, the
contractor shall have no claim to any extra payment in respect thereof.
Article 11: Performance Guarantee
The value of the Performance Guarantee is 10% of the Contract value and must be presented within
7 calendar days of the Letter of Acceptance date.
The performance guarantee shall be in the format given in Volume 2 Section 4 and shall be provided
in the form of a bank guarantee. It shall be issued by a bank in accordance with the eligibility
criteria applicable for the award of the contract. The guarantee will only be released in accordance
with the Conditions of Contract.
Article 12: Insurance
a)
All risks insurance:
The contractor is to insure in the joint names of the Contracting Authority, the works against loss
and damage by fire, storm tempest, lightning, floods, earthquake, aircraft or anything dropped
there from aerial objects, riot and civil commotion for the full value thereof plus 15% of all the
works executed and all unfixed materials intended for, delivered to or placed on or adjacent to the
works and shall keep such works, materials so insured until the completion of the works.
b)
Third party insurance:
Without in any way limiting his responsibility under paragraph (a) above, the contractor shall effect
a policy of insurance against the risks mentioned therein to cover an amount of not less than
€500,000 (five hundred thousand Euro) for any one occurrence with the number of occurrences
unlimited. The policy shall be in the joint names of the Contracting Authority and the contractor
and shall include cross liabilities clauses
Article 13: Performance Programme (Timetable)
As per General Conditions
Article 14: Contractor’s Drawings
As per General Conditions
Page 31
Article 15: Tender Prices
The tendered rates shall be inclusive of all work as specified, as well as any other works that are of
a contingent or indispensable nature for completing the work in its entirety. The rates shall be
inclusive of all materials necessary, profits and payments of Customs Duty and Landing charges on
all imported goods, taxes, ECO contribution, all hire of plant and machinery required as also all
transport of materials to the site of works and so on, but excluding VAT. Tenderers are to give rates
as quoted for. No claims arising from lack of ascertaining the site condition shall be entertained.
The tendered rates shall be fixed rates and no allowance will be made for fluctuations in rates and
prices or for any increase or decrease in the cost of labour and/or materials and other costs
mentioned under Clause 18.1.
Article 17: Patents and Licences
As per General Conditions
Article 18: Commencement Date
Following the signature of the Letter of Acceptance, the Contractor will be notified in writing to
commence works on site.
As soon as possession of the site is given to the Contractor, he shall proceed with the works and
complete same as soon as possible. It is essential that the whole of this work be completed at the
earliest possible.
Should there be no queries from the Contractor, the necessary work shall proceed and be completed
as soon as possible, respecting the deadlines specified in Article 15 above.
Article 19: Period of Performance
Period of Performance whereby it is being requested that the delivery and installation would not
exceed 10 weeks (possibly earlier) from the date of the letter of acceptance. Tenderers
are warned that their offers may not be accepted if this clause is not acceded to.
Article 21: Delays in Performance
If the Contractor fails to start the works assigned to him on the specified starting date, a penalty of
one thousand two hundred Euros (€1200) per day including Sundays and public holidays shall be
imposed until the works have commenced. Subsequently the Contractor shall be subject to a
penalty for delay of one thousand two hundred Euros (€ 1200) per day inclusive of Sundays and
Public Holidays for any delays over the 10 weeks period, up to a limit of 20% of the awarded
contract. As soon as this figure is reached the Contracting Authority reserves the right to invoke
Clause 34.2 ( c ) of the General Conditions
Article 22: Variations
22.1
Subject to the provisions of Article 78 of the Public Contracts Regulations 2010, the
University of Malta reserves the right to vary the quantities specified. The total value of
the supplies may not rise or fall as a result of the variation in the quantities by more than
25% of the contract price. The unit prices used in the tender shall be applicable to the
quantities procured under the variation.
Article 23: Suspension
The words “Community Budget” are to be replaced by the word “Capital Budget”
Page 32
Article 24: Quality of Supplies
a)
All materials required for the completion of the works specified shall be provided by the
contractor.
b)
The work is to be carried out in the best customary practice and the architect in charge is to
be satisfied that the quantity of the materials conforms to that specified herein.
c)
The contractor shall provide without extra charge all labour and equipment required by the
architect in charge of testing, measuring or proving the efficiency of any of the materials used
or of any portion or portions of the completed works.
d)
The Contractor shall guarantee the works that he has carried out, for a Minimum period of
twelve months after completion, against defective materials and all workmanship
Article 25: Inspection and Testing
Tests on any materials, causes, etc. may be taken at any time during the course of the works and
the contractor shall be bound to provide the architect with all such assistance, instruments,
machines, labour and materials as are normally required for examining, measuring and testing any
work, and the quality, weight or quantity of any materials used and shall supply samples of
materials before incorporation in the works, for testing as may be required by the architects, the
Project Manager or Supervisor.
Article 26: Payments: General Principles
(a) Payments shall be made in Euro, up to 95% of the certified works carried out, with 5% being kept
as retention money.
(b) Payments shall be made by the University of Malta.
The payment terms referred to under the relative Clause of the General Conditions particular to this
tender state that payment shall be effective within a reasonable period time. This should be taken
to mean that payment is to be effected within 60 days from the date of receipt of the invoice or
request for goods delivered, services rendered of work carried out to the satisfaction of the Head of
Department or his representative.
Whenever the 30-day period is mentioned in this article, it is deemed to be 60 days.
Article 26: Pre-financing
Not Applicable to this Tender
Article 26: Retention Monies
The balance of 5% of the contract sum retained as per Article 43.1 above, will be retained for the
duration of the defects liability period as stipulated in Article 39 (d) above and will only be
refunded if defective work, if any, had been made good to the satisfaction of the architects, the
Project Manager and/or the Supervisor of the Contracting Authority.
Article 28: Delayed Payments
The period quoted in Article 50.1 of the General Conditions may be subject to change according to
the particular needs of the Department
Once the deadline laid down in Article 50.1 has expired, the Contractor may, within two months of
late payment, claim late-payment interest:
Page 33
[Malta Funds]
A contractor would become entitled to the payment of interest at 2% over the rate of interest
established by the European Central Bank for that particular period.
By way of exception, when the interest calculated in accordance with this provision is lower than or
equal to €200, it shall be paid to the Contractor only upon a demand submitted within two months
of receiving late payment.
Article 30.6: Supervisor and Supervisor's representative
i) The Supervisor (and or Architect in Charge) and Supervisor's representative (and or Project
Manager as delegated), shall have the power, during the course of the work, to order the contractor
to remove from the site any materials which are considered to be of an inferior quality. He shall
also have the power to order the removal and a proper re-execution of any work executed with the
rejected materials in a manner contrary to the spirit of the specifications. Such orders shall be
carried out by the contractor at its own expense.
ii) In case of default on the part of the contractor to carry out such orders, the Supervisor (and or
Architect in Charge) and Supervisor's representative (and or Project Manager as delegated), shall
have the power to employ and pay other persons to carry out same at the contractor’s expense;
such expenses will be deducted from any monies that may be due to the contractor.
iii) The contractor shall, if ordered in writing by the Supervisor (and or Architect in Charge) and
Supervisor's representative (and or Project Manager as delegated), suspend the works or any part
thereof for such periods and at such times as so ordered and shall not, after receiving order,
proceed with the work there in order to be suspended until he receives written authority from the
Project Manager, to proceed therewith. The contractor shall not be entitled to claim compensation
for any loss or damage sustained as aforesaid.
iv) Should it appear to the Supervisor (and or Architect in Charge) and Supervisor's representative
(and or Project Manager as delegated), or any duly authorised member of his staff that any work in
progress is being executed in a faulty manner, with unsuitable materials, by unskilled workmen/or
by any means or manner not in accordance with the contract documents, then he or they may order
immediate suspension of such faulty works by direct order to the contractor’s supervisory staff,
foreman or ganger, until such time as the contractor shall adopt remedial measures to the
satisfaction of the Supervisor (and or Architect in Charge) and Supervisor's representative (and or
Project Manager as delegated). Such order shall be complied with immediately the contractor shall
not be entitled to any extra payment, compensation or extension of time for the completion on
account of such suspension as per (iii) of this Clause.
Article 31: Provisional Acceptance
As per General Conditions
Article 32: Warranty Obligations
The Contractor shall replace at his expense any goods, which is proven to be defective even after
completion.
Article 40: Amicable dispute settlement
If the amicable dispute settlement procedure fails, the Parties may, in the case of decentralised
contracts, agree to try conciliation through the Maltese Conciliation Procedure. If no settlement is
reached within 120 days of the start of the conciliation procedure, each Party shall be entitled to
move on to the next state of the dispute settlement procedure.
Page 34
Article 41: Dispute Settlement by Litigation
Any dispute between the Parties that may arise during the performance of this contract and that has
not been possible to settle otherwise between the Parties shall be submitted to the arbitration of
the Malta Arbitration Centre in accordance with the Arbitration Act (Chapter 387) of the Laws of
Malta.
This law is based on “Model Law” which is the Model Law on International Commercial Arbitration
adopted on June 21, 1985 by the United Nations Commission on International Trade Law reproduced
in the First Schedule of the Arbitration Act.
Article 44: Checks and Audits
Not Applicable
Page 35
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 36
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 37
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 38
VOLUME 3 - TECHNICAL SPECIFICATIONS
Note:
Where in this tender document a standard is quoted, it is to be understood that the
Contracting Authority will accept equivalent standards. However, it will be the
responsibility of the respective bidders to prove that the standards they quoted are
equivalent to the standards requested by the Contracting Authority.
3.
3.1
3.1.1
SPECIFICATIONS FOR THE INSTALLATION OF MECHANICAL SERVICES
PREAMBLE TO SPECIFICATION
Scope of work
The work covers the installation and connecting up, testing and commissioning
of the mechanical services and includes for the supply and installation of all
equipment, piping and accessories.
The contractor shall:
 Execution of the work in a diligent and competent manner.
 Complete the work in its entirety, to the Engineer's satisfaction and in
accordance with the design and instructions of the responsible Engineer.
3.1.2
Discrepancies
Special attention has been given such that as far as possible, the drawings,
specification and schedule of items, detail the whole of the requirements for
this work. The tenderer shall however satisfy himself that these documents
cover the complete systems, as regards materials, equipment and accessories,
for the correct and proper operation of the installation as a whole.
3.1.3
Extent of Works
This part of the works includes for:
 Air conditioning System
 Ventilation system
3.1.4
Complete System
The system shall be complete and working in all respects, and shall include all
necessary accessories, fittings, ancillary equipment, pipes, vents strainers,
dampers, valves, controlling equipment, insulation, drains etc., and all items
not specifically mentioned according to the scope and spirit of this description.
3.1.5
Protection of works
The Contractor shall protect all equipment, material and works until taken over
by the client and shall remain his sole responsibility until official handing over.
Page 39
3.1.6
Completion
Completion dates agreed to in other sections of this contract shall be binding in
so far as this section of the works is concerned.
3.1.7
Quantities / Variations
The consultants may supply any additional drawings or directions as may be
necessary for the proper execution of the work. If the work shown on any such
drawings or directions is, in the opinion of the contractor, extra to that
comprised in the specifications and Bills of Quantities, he shall give notice in
writing to this effect before proceeding with such work; if this condition is not
adhered to, the Contractor shall have no right for any additional claim at a later
stage.
3.1.8
Working Drawings
The Contractor shall be responsible for the preparation of all-working drawings,
diagrams, schedules of materials, etc., necessary, to be submitted to the
Engineer for approval before proceeding with the works.
3.1.9
Alternatives
Tenderer is NOT ALLOWED to change any of the design parameters, pipe sizes,
sizes of ducts, etc. In this event the tender shall not be considered and the
tenderer shall be disqualified.
3.1.10 The contractor shall prepare working drawings and such installation diagrams,
wiring drawings and schematics as may be necessary in the Engineer's opinion.
These shall be submitted to the engineer for approval before execution of the
work.
3.1.11 The contractor shall keep such records as necessary, in order to be able to
complete the as-fitted drawings upon completion of the works.
3.4.12 The whole works shall be scheduled by the main contractor on site by consulting
the engineer and client’s requirements. The contractor is responsible for
preparing an overall works programme which shall require the approval of the
engineer and client. The contractor shall bind himself to co-ordinate the
programme of works with the works of other contractors.
3.1.13 Submittals
The contractor is to submit technical literature covering all key components of
the system being proposed. The technical submittal by itself does not confirm or
otherwise that any change in specification has been accepted. All changes from
the specifications have to be accepted in writing by the Engineers and Client.
3.1.14
Builder's Work
The tenderer is to allow in the rates quoted, for all chasing, holes in RC or
structural members, (all holes shall be made only under approval of the Engineer
in charge and by means of circular diamond tipped tools), pipe sleeves (made to
Page 40
approval) etc. necessary for the proper execution of the works. All structural
openings shall be approved by the architect in charge. The contractor shall also
be responsible for closing any openings for services using intumescent foam /
intumescent mastic.
3.2
3.2.1
WORKMANSHIP
Regulations
All work shall be carried out in accordance with the relevant safety regulations,
British Standard Code of Practice CP. 352 and normal trade practice and to the
entire satisfaction of the Consulting Engineer.
3.2.2
General Conditions
All work is to be executed according to the general workmanship specification
found elsewhere, unless otherwise specified to the contrary hereunder.
3.2.3
Piping Installation
Main supply pipes for the various installations shall be as follows:
Refrigeration pipe work
The pipe work and brazing material shall be
suitable for R410A refrigerant.
All pipe sizes shown shall be internal diameters
Any pipes, brackets, hangers, steelwork and the like, shall be protected by
galvanizing. Pipes shall be finished with two-finish coats enamel paint in an
approved colour so as to be colour coded.
Horizontal pipes shall be supported at spacing of not more than two meters apart
for galvanised pipes / copper pipes.
Hangers and supports shall be secured with neat purposely made wrap around
bolted brackets. The method and location of supports shall be as indicated by
the Engineer.
All distribution pipe work shall be thoroughly cleaned before any tests are carried
out. Pressure test shall be applied to the piping only excluding any parts of the
equipment. The test pressure shall be one and a half times the operating
pressure and shall be applied for a duration of at least four hours. The tests shall
be applied before any insulation is installed or pipes concealed.
No pipe work is to pass from underneath floor tiles except where specifically
approved.
All pipe ends shall be blanked off during the works to prevent the ingress of dirt
and other obstructions, which may cause blockages etc. The contractor shall
take all precautions to comply with this measure. Drain pipes of rigid PVC, shall
be properly jointed in accordance with the manufacturer's recommendations.
Page 41
Adequate blank Tees shall be inserted in all drain pipework to ensure easy
cleaning and rodding in case of blockages in the future.
Pipe joints shall under no circumstances be allowed in the thickness of walls,
floors, etc. Pipework shall be placed in chase within walls, only where
specifically instructed by the Engineer.
Sleeves shall be provided wherever pipes cross-floors or walls in the structure.
When these are required to cross Reinforced Concrete members, instructions are
to be sought from the Architect as to the correct placement, and size of the
holes, as also to the method of procedure in drilling. PVC sleeves shall be
cemented into the wall thickness and the space between the pipe and the sleeve
shall be caulked with approved flexible mastic or asbestos string etc.
Pipework shall be fixed at approved levels after co-ordination with the Engineer
as to False Ceiling heights etc. They shall be properly hung using adequate
brackets, hangers, support frames etc. Provision of loops, expansion bellows, or
the use of changes in direction, shall be necessary to allow for pipe movement
and expansion.
Quantities of pipework and valves are as accurate as possible but the contractor
is enjoined to check the runs for himself and satisfy himself as to their
correctness.
Steel pipes, which are welded, shall have flanged joints where there are change
in direction or when a straight run exceeds twelve meters.
3.2.4 Drains
Drains for air-conditioning units shall have a minimum size of 25 mm depending
on the size of the A/C unit. All drains for the A/C units installed above false
ceilings / below raised flooring are to be complete with closed cell type
insulation. All A/C drains are to be furnished with water traps and connected to
gulleys in shafts.
All drains are to be given adequate gradient and supported at a spacing not
exceeding l m. Inspection Tees shall be used to facilitate cleaning and clearing of
blockages. Drains shall connect the respective sanitary fitting to the nearest
galley trap. All drains for the air conditioning systems to be adequately lagged in
order to inhibit the formation of condensation. Lagging shall be BS2do
3.2.5 Testing and Commissioning
All testing and commissioning shall be in accordance with IHVE and BS guides for
test procedures, and to the satisfaction of the Engineer.
Although testing of individual sections is allowed, in the interest of speed, the
testing shall be considered carried out only when the COMPLETE installation is
tested and commissioned. The contractor shall remain responsible for individually
tested sections and will cover them at his own risk.
The contractor shall provide all test points, equipment and facilities to carry out
the tests, both on site and at remote locations. All manufacturers' items
Page 42
performance data and characteristics shall be collated together with test results,
for future reference and maintenance.
All equipment shall be adequately labelled and marked. Schematic pathway and
riser "as built" Drawings etc., shall be prepared by the contractor and presented
to the Engineer on completion.
The following tests are to be carried out during or before commissioning:
Pipework testing - All pipework runs shall be tested, including bellows, joints,
flexibles etc., and a test schedule shall be prepared by the contractor, for
approval and used to clarify the tests carried out. This schedule shall be
approved by the Engineer before adoption for use.
Waste drains - These shall be air tested to 3 in. water gauge, and any leaks made
good, and the system retested.
Notice of tests shall be given to the Engineer who shall be the only one to certify
test approval.
3.2.6
Method statement
The contractor shall furnish the Client / Engineer with a detailed description of
the method statement to be employed in the installation of the various services.
This applies both for the internal installations as well as in the supply and
installation of the main plant. This method statement is to be approved by the
Client / Engineer prior to the works being taken in hand.
3.3
MATERIALS SPECIFICATION - Ventilation equipment
The ventilation system including the duct work shall be of an acoustically
threated material to limit the transmission or noise. The ventilation system shall
be suitable for theatre applications.
3.3.1 Centrifugal in line supply fan / Extract Fan
This unit shall be supplied complete with all necessary brackets etc. and
detachable mounting foot for simplified mounting and removal, external mounted
louver and extractor grilles. The fan housing shall be constructed of galvanized
steel. This unit shall also be supplied complete with outlet guide vanes to
straighten the flow before entering the ductwork.
Other characteristics shall be as follows
Type
Speed
Power Supply
Starter
Air displacement
Resistance
Max. Noise Level
Centrifugal for lower noise operation
900 Rev./min.
240V 50 Hz
Variable speed controlled
as indicated on the BoQ
as indicated on the BoQ
To Achieve NR25. In the theatre
Page 43
The supply fans shall be supplied complete with a variable speed controller and a
starter and thermal overload protection.
The rotor shall be statically and dynamically balanced at the factory according to
ISO 1940
The motor shall have an IP 65 rating to BS EN60529.
The fans shall be of the low noise type and shall be such that they shall be
complete with sound attenuating shroud The fans shall be supplied c/w a silencer
to minimise noise levels as well as a variable speed controller so as to adjust the
speed of the fan accordingly.
3.3.2 Filter Box
The fresh air intake systems shall be furnished with a filter box as indicated in
the drawings. This shall complete with a number of filters including a pre filter
and a main filter. The enclosure shall be larger than the duct on which it is
installed in order to compensate for the pressure drops across the filters. The
filters shall be installed on withrawable trays for ease of cleaning.
3.3.3 Differential pressure alarm
A differential pressure alarm shall be installed across the filter box and fans as
indicated in the drawings. The alarm shall be complete with pressure transducer,
pipe work on suction and delivery side of the fan, control cabling from the
transducer to the alarm in the ventilation control panel, and all other ancillary
equipment for a complete system. The transducers shall be such that it shall be
possible to adjust the pressure at which point the alarm shall trigger. The alarm
shall be both of the visual and audible type.
3.4
MATERIAL SPECIFICATIONS - Air-conditioning System
3.4.1 The pipe work and brazing material shall be suitable for R410A refrigerant. All
pipe work used shall be clearly marked that it is suitable for R410A refrigerant.
The tube shall be of the phosphorous deoxidised seamless pipe. Foreign materials
inside the pipe including oils for fabrication shall be less than 30mg/10m. The
pipe shall have an operating pressure of 3.8MPa but shall be suitable for a
pressure test of 4.5Mpa. All pipe sizes shown shall be internal diameters.
The pipes shall be insulated using closed cell type insulation having minimum
thickness of 19mm with a heat transfer coefficient of 0.032 W/m deg C at a
temperature of 25 deg C. It shall be suitable for use over an operating
temperature range of between 0 and 80 deg C and shall have incombustible
properties (class O). Its specification should declare it not subject to rot,
deterioration from dampness, non-corrosive and vermin inhibiting. The insulation
shall have an external weatherproof polyisobutylene cover.
Brazing material shall be of the type that requires no flux (e.g. Phosphor copper
brazing filler - BCuP). During brazing the pipe is to be continually purged with dry
Page 44
nitrogen to ensure that there shall be no build up of carbon films or scale on the
internal surface of the pipe. All ends are to be kept sealed off at all times.
All installation tools shall be exclusively used for R410A refrigerant and are not to
have been used on other refrigerant type installations.
The vacuum pump use is to have a non-return valve and shall be such that oil
does not flow into the system while the pump is not working. The pump shall be
suitable to evacuate to -100.7kPa
Upon completion of installation the pipes shall be pressure tested at 4.5Mpa for a
minimum of 4 hours. After the pressure test is complete the pipe work shall be
filled with dry nitrogen at a pressure of 0.25MPa and sealed off.
Horizontal pipes shall be supported at spacing of not more than two meters apart
and at all changes in direction.
Hangers and supports shall be secured with neat purposely-made pre fabricated
and galvanised proper pipe 2-semi circular type bolted brackets. The method and
location of supports shall be as indicated by the Engineer. All brackets used shall
be of the factory galvanised pre fabrication type. No welded and painted brackets
shall be acceptable.
All pipe work shall be thoroughly cleaned before any tests are carried out.
Pressure test shall be applied to the piping only excluding any parts of the
equipment. The tests shall be applied before any insulation is installed or pipes
concealed.
No pipe work is to pass from underneath floor tiles except where specifically
approved.
Pipe joints shall under no circumstances be allowed in the thickness of walls,
floors, etc. Pipework shall be placed in chase within walls, only where
specifically instructed by the Engineer.
Sleeves shall be provided wherever pipes cross-floors or walls in the structure.
When these are required to cross Reinforced Concrete members, instructions are
to be sought from the Architect as to the correct placement, and size of the
holes, as also to the method of procedure in drilling. PVC sleeves shall be
cemented into the wall thickness and the space between the pipe and the sleeve
shall be caulked with approved flexible mastic or fire retardant expanded foam
etc.
Pipework shall be fixed at approved levels after co-ordination with the Engineer
as to False Ceiling heights etc. They shall be properly hung using adequate
brackets, hangers, support frames etc
Quantities of pipework and valves are as accurate as possible but the contractor
is enjoined to check the runs for himself and satisfy himself as to their
correctness.
Oil traps shall be installed in all vertical pipe work exceeding 5m in height.
Page 45
Pipes for single copper runs shall be installed in pipe brackets. Multiple parallel
copper runs shall be installed on cable trays. Pipes (including drains) hung with
galvanised strips shall not be acceptable.
3.4.2 Drains
Drainpipes of rigid PVC – PN6 shall be used for all A/C units, and shall be properly
jointed in accordance with the manufacturer's recommendations. Adequate blank
Tees shall be inserted in all drain Pipe work to facilitate cleaning and clearing of
blockages.
The size of the drains shall be a minimum of 25 mm diameter for all the units.
Drain installed above false ceiling are to have adequate closed cell type
insulation minimum thickness 9mm.
All drains for the A/C units installed above false ceilings / below raised flooring
are to be complete with closed cell type insulation. All A/C drains are to be
furnished with water traps and connected to gulleys in shafts.
3.4.3 Insulation
All piping and accessories shall be properly insulated and finished in a smooth,
clean workmanlike manner with all joints tightly finished.
The insulation is to be so applied as to eliminate air pockets between the pipe
walls and the insulation material itself, otherwise condensation will result.
Insulation shall be pre-formed sectional wool or rubber-type moulded section
conforming to pipe diameters and having a density of 96 Kg/m3 min and a Max. K.
Factor of 0.032 W/m deg C at a temperature of 25 deg C. It shall be suitable for
use over an operating temperature range of between 5 and 80 deg C and shall
have incombustible properties. Its specification should declare it not subject to
rot, deterioration from dampness, non-corrosive and vermin inhibiting.
The insulation shall be passed down with aluminium foil adhesive tape, secured
with bands or straps, and shall have aluminium or equivalent proprietary foil
vapour barrier equivalent to Class 0 rating.
The thickness range of the insulation shall vary by copper piping diameter as
follows:
15 mm to 50 mm pipe
65 mm to 100 mm pipe
16 mm insulation thickness
25 mm insulation thickness
All externally placed insulated pipe works shall be adequately protected from
the elements by a high molecular weight polyisobutylene (HMWPIB) sheathing,
self-extinguishing. The weather proofing shall be guaranteed for a period of 5
years. The insulation to be fire rated to BS2do
3.4.4 Duct
The duct is to be manufactured from polyurethane insulating material,
lightweight, having a maximum thermal conductance of 0.0167 Kcal/hr m C. It
Page 46
shall have internal and external coverings with aluminium foil 80 microns. All
joints are to be airtight. To be fire rating to BS2do.
3.4.5 Diffusers / grills
The air supply diffusers shall be complete with opposed blade damper and
mounted frame. They shall be of aluminium with an aluminium paint finish of a
colour as instructed by client. The size and type of the diffusers / grills shall be
as indicated on the drawing. All 600mm dimensions for grills in the offices or
other areas fitted with tiled false ceilings shall imply that the grill shall be
suitable to fit in a 600mm x 600mm soffit tile. In all other cases the dimension
shown is the neck size of the diffuser.
3.4.6 Return Air Grill
The return air grill shall be complete with washable installed on a removable core
for ease of cleaning the filter. The size shall be as indicated on the drawing. The
filters shall be composed of a pre filter as well as main filter.
3.4.7 VRF Air-conditioning system
General
The VRF units shall be of the heat recovery 3 pipe system type. These shall be of
the all heating or all cooling only type.
The contractor is also to allow in the costs for one thermostat per unit as well as
for a monitoring and control software
Condenser
The condensers shall be constructed of copper fins bonded to seamless copper
tubing. These shall be suitable for outdoor installation and shall be complete with
weatherproof treatment.
The condenser fans shall be directly driven propeller bladed with vertical
discharge for low power consumption and quiet operation with approved wire
guard.
The condensing units shall be equipped with head pressure control to be able to
operate down to a temperature of 5°c ambient.
Mounting shall be resilient to avoid vibration transmission to the structure. The
condensing units shall also incorporate the compressor.
Compressor
The compressor shall be externally mounted on anti vibration mountings. It shall
be of the inverter driven, scroll type equipped with a thermal protection device.
The outdoor unit shall be suitable for three-phase 50Hz operation.
Page 47
Indoor units
The evaporator shall be constructed of aluminium fins bonded to seamless copper
tubing.
The unit shall have a three speed permanent split-capacitor motor with built-in
overload cut-out, totally enclosed and tropicalised fitted with seals for life,
maintenance free sleeve type bearings, suitable for single Phase 50 Hz operation.
Motors are to be resiliently mounted to ensure quiet vibration free operation. The
forward curved centrifugal aluminium impeller fan(s) shall be statically and
dynamically balanced at the factory.
Housing box is to be in 18 gauge (1.2 mm) continuous galvanized steel, complete
with thermal treatment to prevent formation of condensation. All outside panels
are to have a baked epoxy lacquer finish. Drain pan and auxiliary pans, thermally
insulated against condensation, and treated anti-corrosion, are to extend below
the valves. They are to be fitted with a minimum of 25 mm drain outlet. A selfpriming high water head condensate pump to remove any condensate water from
the drain pan shall be installed where necessary.
Controls
A wall mounted control fixture with temperature settings, summer / winter
switch and three-speed and off selector switch, surface mounted, complete with
control wiring is to be provided for each indoor unit. A REMOTE CONTROL panel
for the outdoor units of each system shall be provided at the position shown by
the Engineer on site, to enable remote starts and control of the outdoor units.
The control panel shall have an ON/OFF switch, timer / manual switch and a 24
hour timer for each unit, a summer/winter switch as well as a running and stop
light. It shall also have a visual and audible alarm if any one of the units fails
during operation. The contractor shall include for all cabling etc between the
units and the control panel. The units shall be complete with all necessary
thermally protected contactors for all motors, high and low pressure switches and
gauges, oil pressure switch and gauge, antifreeze thermostat, two-stage cooling
thermostat, indicator lamps and start/stop buttons.
Characteristics
The cooling capacities given in the drawings are based on the following
parameters:
Fan speed
Medium
Cooling capacity
As indicated in the BOQ
External temperature
40°C d.b. ; 60% RH
Air in
24°C d.b. ; 50% R.H.
Sound Level
Sound in the music room are
not to exceed NR25
R410A
Refrigerant
Page 48
Refrigerant Circuit
Each refrigerant circuit shall include a liquid receiver, thermostatic expansion
valve and filter dryers. The system shall be factory charged with R410A
refrigerant and refrigerant oil, but will also include a charging valve.
Control / monitoring software
The VRF systems shall be supplied c/w a dedicated monitoring and control
software and including all other hardware, cabling, interfacing etc for a
complete system. The system offered shall also be suitable to be interfaced to
the central BMS system. The software shall offer full monitoring and control
functions including mode of operation, expansion valve position, timers,
temperature control (including temperature band possibilities for the
thermostats) etc.
Performance
The tendering contractor shall supply all operation and performance data for the
unit offered at different operating conditions including COP’s and EER’s
applicable to the conditions of this site.
3.4.8
Split type air conditioning units
The units installed shall have the following characteristics.
The split units shall be of the inverter type.
The Split Units shall be mounted on factory Pre-Galvanized Support Structures.
Each corner shall be adjusted in height such that the Unit can be levelled. Where
these shall be installed on waterproofing, additional waterproofing sheeting shall
be inserted beneath the structure.
Condenser
The condensers shall be constructed of copper fins bonded to seamless copper
tubing. These shall be suitable for outdoor installation and shall be complete with
weatherproof treatment. Alternative proposals with weatherproof coatings shall
be considered provided full technical literature is submitted during tendering
stage.
The condenser fans shall be directly driven propeller bladed with vertical
discharge for low power consumption and quiet operation with approved wire
guard.
The condensing units shall be equipped with head pressure control to be able to
operate down to a temperature of 5°C ambient.
Mounting shall be resilient to avoid vibration transmission to the structure. The
condensing units shall also incorporate the compressor. The sound pressure level
shall not be higher than 70dBA at 1 meter. The condenser must be suitable for a
saline environment.
Page 49
Compressor
The compressor shall be externally mounted on anti vibration mountings. It shall
be of the inverter type equipped with a thermal protection device. The unit shall
be such that the speed of the compressor shall be varied with the actual cooling
load at that particular moment. The outdoor unit shall be suitable for three phase
50Hz operation. The outdoor units shall have, at least, an electrical power factor
rating of 0.95.
Indoor units
The evaporator shall be constructed of aluminium fins bonded to seamless copper
tubing. The unit shall have a three speed permanent split-capacitor motor with
built-in overload cut-out, totally enclosed and tropicalised fitted with seals for
life, maintenance free sleeve type bearings, suitable for single Phase 50 Hz
operation. Motors are to be resiliently mounted to ensure quiet vibration free
operation. The forward curved centrifugal aluminium impeller fan(s) shall be
statically and dynamically balanced at the factory.
Housing box is to be in 18 gauge (1.2 mm) continuous galvanised steel, complete
with thermal treatment to prevent formation of condensation. Alternative GRP or
similar casings shall also be considered. All outside panels are to have a baked
epoxy lacquer finish. Drain pan and auxiliary pans, thermally insulated against
condensation, and treated anti-corrosion, are to extend below the valves. They
are to be fitted with a minimum of 16 mm drain outlet. All indoor units shall have
an attractive white fascia.
Controls
A wall mounted control fixture with thermostat and three-speed and off selector
switch, surface mounted, complete with control wiring is to be provided.
Conduits are to be installed between A/C Unit and thermostat. Loose cable above
false ceiling shall not be acceptable.
Return air grilles
Return air grilles shall have removable core on subframe, support brackets and
permanent filter on separate securing clips.
Characteristics
The cooling capacities given in the drawings are nominal values but units shall be
suitable for operating under these conditions:
Cooling capacity
External temperature
Air in
Sound Level
Refrigerant
As per drawings at medium
speed
40°C d.b. ; 60% RH
24°C d.b. ; 50% R.H.
Sound in the music room
are not to exceed NR25
R410A
Sound operation level not to exceed 42 dBA at 1.0 mt. from unit at maximum
speed.
Page 50
Refrigerant Circuit
The refrigerant circuit shall include a liquid receiver, thermostatic expansion
valve and filter dryers. The system shall be factory charged with refrigerant and
refrigerant oil, but will also include a charging valve.
The outdoor and indoor units shall be linked by weatherproof insulated, copper
pipe work suitable for R410A refrigerant. Oil traps shall be installed whenever
there is a vertical pipe work rise in excess of 5m.
Control / monitoring software
The systems shall be supplied c/w a dedicated monitoring and control software
and including all other hardware, cabling, interfacing etc for a complete system.
Performance
The tendering contractor shall supply all operation and performance data for the
unit offered at different operating conditions including COP’s and EER’s
applicable to the conditions of this site.
3.5
Compliance with Green Public Procurement Criteria (GPP) - Insulation
for pipe works and ducts
3.5.1 Technical Specification
3.5.1.1
Based on the required building performance within the framework of the
EPBD, the thermal conductivity of the thermal insulation product must be less than
0.044W/mK.
3.5.1.2 The product will not release or leach out any substances above existing limit
values set in the following regulations:
a)
Substances regulated in the EU through the Regulation 842/2006/EC on fluorinated
gases.
b)
Any substances or preparations that are classified according to Directive
1999/45/EC and 67/548/CEE as carcinogenic (R40, R45, R49), harmful to the
reproductive system (R60, R61, R62, R63), mutagenic (R46, R68), toxic (R23, R24,
R25, R26, R27, R28, R51), allergenic when inhaled (R42),cause heritable genetic
damage (R46), danger of serious damage to health by prolonged exposure (R48),
possible risks of irreversible effects (R68) shall not be released.
c)
Any substances or preparations that are classified according to CLP Regulation (EC)
1272/20082 as carcinogenic (H350-351), harmful to the reproductive system (H360361), mutagenic (H340-341), toxic (H300- H301, H310-H311, H330-H331, H411),
allergenic when inhaled (H334), cause heritable genetic damage (H340), danger of
serious damage to health by prolonged exposure (H372-373), possible risks of
irreversible effects (H371) shall not be released.
Page 51
3.5.2
Verification
3.5.2.1 Verification (Re 3.5.1.1 above)
Where the listed criteria for a product are included in a relevant harmonised European
standard, under the Construction Products Directive (89/10/EEC), for CE marking, the
supplier must provide the information accompanying the required CE marking to
demonstrate compliance with the listed criteria.
Where the listed criteria for a product are not included in the accompanying information
to CE marking under the Construction Products Directive (89/10/EEC), products holding a
relevant Type 1 ecolabel fulfilling the listed criteria will be deemed to comply. Other
appropriate means of proof or a signed
Declaration will also be accepted.
3.5.2.2
Verification (Re 3.5.1.2 above)
The bidder must provide appropriate proof that this criterion is met.
Page 52
VOLUME 4 - FINANCIAL BID
TENDER FOR THE SUPPLY, DELIVERY,
INSTALLATION, TESTING AND COMMISSIONING OF
ENERGY EFFICIENT AIR CONDITIONING AND
VENTILATION SYSTEM FOR THE MITP THEATRE AT
THE VALLETTA CAMPUS, UNIVERSITY OF MALTA.
Bills of Quantities
Page 53
Item
Description
Qty
Unit
1
L.S.
1
L.S.
1
L.S.
1
L.S.
1
L.S.
1
L.S.
RATE €
including Eco
Contribution (if
any) and all
other charges
as may be
applicable but
excluding VAT
TOTAL €
including Eco
Contribution (if
any) and all
other charges
as may be
applicable but
excluding VAT
University of Malta - Block C
Refurbishment at Junior College L3
Bill 1
1.1
1.2
1.3
1.4
1.5
1.6
Preliminaries
All materials to be used within this contract are
to be approved prior to delivery to site.
Prepare a risk assessment report outlining all
risks involved and measures to be taken to
minimize or eliminate potential risks. The report
is to be prepared and signed by a competent
person and to be submitted within three weeks
from commencement of works. Such document
has to be updated as maybe requested by the
site H & S Supervisor.
Allow for the provision of a detailed daily log of
all the works and materials and maintaining in an
orderly manner in Building File.
Allow for carrying out all surveys, setting out of
works, arranging levels including the provision
and erection of permanent setting out marks of
the quantity and quality as required by the
Employer's Representative. All works shall be
contained or implied for in the contract
documents and including all the necessary
resources, unless included elsewhere in the Bills
of Quantities.
Allow for appointing a Health and Safety
Coordinator and for complying with all local
Health and Safety regulations, the safety
precautions and regulations as laid down in the
contract documents and Health and Safety Plan.
Allow for the provision of all safety personal
clothing and equipment for all the workers
involved and the provision of an "on call" medical
doctor, provision and maintaining of all lifesaving
equipment,
personnel,
warning
signage,
markings, etc. As per General Conditions Art.20.
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.
Carried forward
Page 54
Item
Description
Qty
Unit
RATE €
including Eco
Contribution (if
any) and all
other charges
as may be
applicable but
excluding VAT
TOTAL €
including Eco
Contribution (if
any) and all
other charges
as may be
applicable but
excluding VAT
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
L.S.
1
L.S.
1
L.S.
1
L.S.
1
L.S.
1
L.S.
Carried forward
Page 55
Item
Description
Qty
Unit
RATE €
including Eco
Contribution (if
any) and all
other charges as
may be
applicable but
excluding VAT
TOTAL €
including Eco
Contribution (if
any) and all
other charges
as may be
applicable but
excluding VAT
Brought forward
1.13
Bill 1
Provision of insurance cover in the joint names of
the Client and Contractor insure the Works
against loss or damage by fire, storm, tempest,
lightning, flood, earthquake, aircraft or anything
dropped there from, aerial objects, riot and civil
commotion for the full reinstatement value
thereof plus 15% of all the Works executed and
all unfixed materials and goods so insured until
the completion of the Works. The Contractor
shall affect a policy of insurance against third
party risks to cover an amount of not less than €
500,000.00 (Five Hundred Thousand Euro) for any
one accident. The policy shall be in joint names
of the Client and Contractor and shall include
cross liability clauses. In respect of liability for
the death or injury to any person employed by
the Contractor and arising out of and in the
course of such person's employment by the
Contractor the amount insured by the Contractor
shall be such as to indemnify the Client against
all damages as compensation payable.
The
Contractor shall comply with and be subject to
the terms, exclusions, exceptions, conditions and
limitations of the insurance policies and shall
bear the amount of the retained liabilities stated
therein The Contractor shall deposit with the
Client copies of the policy or policies and a copy
of the receipt in respect of premiums paid before
starting the Works
1
L.S.
Total Preliminaries carried forward to summary on page 66
Page 56
Item
Description
2.00
VENTILATION SYSTEM
Qty
Unit
RATE €
including Eco
Contribution (if
any) and all
other charges
as may be
applicable but
excluding VAT
TOTAL €
including Eco
Contribution (if
any) and all
other charges
as may be
applicable but
excluding VAT
ALL EXTERNAL DUCTWORK TO BE
WEATHERPROOF
Supply, install and connect the following
supply/extractor fans c/w 2 silencers - one
upstream and one downstream from the
fan, variable speed controllers, antivibration mountings, filter boxes c/w
differential
pressure
alarms,
transformation pieces etc for a complete
system
2.01
EF01: 6500m3/hr at 110Pa
1
No.
2.02
EF02: 400m3/hr at 100Pa
1
No.
2.03
EF03: 1450m3/hr at 100Pa
1
No.
2.04
SF01: 8000m3/hr at 110Pa
1
No.
2.05
SF02: 1800m3/hr at 120Pa
1
No.
2.06
SF03: 550m3/hr at 110Pa
1
No.
2.07
1
No.
2.08
SF04: 290m3/hr at 100Pa
Supply and install and connect the
following external weatherproof louvers
WL01: 300x275 mm
1
No.
2.09
WL02: 200x225 mm
1
No.
2.10
WL03: 200x200 mm
1
No.
2.11
WL04: 650x500 mm
1
No.
2.12
WL05: 150x175 mm
1
No.
2.13
BS01: 550x575 mm
1
No.
2.14
BS02: 325x300 mm
Supply and install the following chamfered
bird screen
BS01: 550x575 mm
1
No.
2
No.
2
No.
2.17
BS02: 325x300 mm
Supply and install the following single
curved blade type supply/extraction grills
c/w opposed blade damper
SG01: 600x200 mm
2
No.
2.18
SG02: 250x100 mm
5
No.
2.19
SG03: 300x100 mm
2
No.
2.20
EG01: 600x300 mm
8
No.
2.21
EG02: 300x100 mm
4
No.
2.22
EG03: 200x100 mm
2
No.
2.15
5.16
Carried forward
Page 57
Item
Description
Qty
Unit
RATE €
including Eco
Contribution (if
any) and all
other charges
as may be
applicable but
excluding VAT
TOTAL €
including Eco
Contribution (if
any) and all
other charges
as may be
applicable but
excluding VAT
Brought Forward
Supply and install the following phenolic
ductwork
2.23
200x225mm
12
m
2.24
250x300mm
11
m
2.25
325x300mm
13
m
2.26
300x275mm
10
m
2.27
225x225mm
10
m
2.28
375x375mm
10
m
2.29
475x475mm
12
m
2.30
200x100mm
10
m
2.31
475x500mm
15
m
2.32
550x575mm
15
m
2.33
150x175mm
12
m
2.34
125x125mm
11
m
2.35
300x225mm
13
m
2.36
400x475mm
15
m
2.37
525x500mm
12
m
2.38
600x500mm
15
m
2.39
100x125mm
10
m
2.40
150x125mm
13
m
2.41
200x175mm
13
m
2.42
15
m
2.43
200x200mm
Supply and install the following phenolic
ductwork in theatre c/w all acoustic
treated materials
300 x 225 mm
15
m
2.44
300 x 375 mm
15
m
2.45
400 x 400 mm
15
m
2.46
400 x 475 mm
13
m
2.47
450 x 500 mm
11
m
2.48
425 x 500 mm
13
m
2.49
600 x 500 mm
15
m
2.50
650 x 500 mm
13
m
Carried forward
Page 58
Item
Description
Qty
Unit
RATE €
including Eco
Contribution (if
any) and all
other charges
as may be
applicable but
excluding VAT
TOTAL €
including Eco
Contribution (if
any) and all
other charges
as may be
applicable but
excluding VAT
Brought Forward
2.51
2.52
2.53
2.54
2.55
2.56
2.57
2.58
Bill 2
Builders
Work
+
Reinstating
with
intumescent foam/mastic for any openings
required
Supply, install and connect Ventilation
control panel 01
Supply, install and connect Ventilation
control panel 02
Supply, install and connect Ventilation
control panel 03
Interfacing of VCPs to the Fire system
Test and commission systems
Supply one set of as fitted drawing and
operation manuals
Supply additional sets of as fitted drawing
and operation manuals
1
L.S.
1
No.
1
No.
1
No.
1
L.S.
1
L.S.
1
Set
2
Sets
Total Carried forward to summary on page 66
Page 59
Item
Description
3.00
AIR-CONDITIONING SYSTEM
Qty
Unit
1
L.S.
1
No.
RATE €
including Eco
Contribution (if
any) and all
other charges as
may be
applicable but
excluding VAT
TOTAL €
including Eco
Contribution (if
any) and all
other charges
as may be
applicable but
excluding VAT
Supply, Install, connect and commission the
following copper pipework c/w preformed
insulation (which shall be weatherproofed
for all external runs) inclusive of all
accessories, fittings sleeves in walls,
brackets,
fixing,
vents,
oil
traps,
connections, etc. and all necessary to
provide a complete system
3.01
Pipework System S-01
VRF UNITS
3.02
Supply, Install, connect and commission,
including all supports, etc., 3 pipe reverse
cycle heat pump/VRF system S-01 outdoor
unit 50 Kw cooling capacity c/w all
electrical connections, controls etc for a
complete system
Supply, install, connect and commission,
system indoor Units, as specified c/w
thermostats located as indicated in the
drawings, and including all electrical
wiring, ducting, condensate drain pump,
connections, control cabling from outdoor
unit to indoor unit, control cabling from
unit to thermostat and all other
accessories etc. required for a complete
installation:
VRF SYSTEM S0-1
Wall Mounted Type Units
3.03
3.6KW
1
No.
3.04
7.1KW
1
No.
Cassette Type Unit
3.05
4.5KW
1
No.
3.06
14KW
1
No.
3
No.
Vertical Wall Mounted Type Unit
3.07
10KW
supply and install
3.08
supply grills : 1200 x 350 mm
3
No.
3.09
Return grills : 1200 x 350 mm
3
No.
3.10
Supply, install and connect thermostats
7
No.
Carried Forward
Page 60
Item
Description
Qty
Unit
RATE €
including Eco
Contribution (if
any) and all
other charges as
may be
applicable but
excluding VAT
TOTAL €
including Eco
Contribution (if
any) and all
other charges
as may be
applicable but
excluding VAT
Brought Forward
3.11
3.12
Supply, Install, connect and commission the
following copper pipework c/w preformed
insulation (which shall be weatherproofed
for all external runs) inclusive of all
accessories, fittings sleeves in walls,
brackets,
fixing,
vents,
oil
traps,
connections, etc. and all necessary to
provide a complete system
Pipework System SPT-01
SPLIT TYPE UNIT
Supply, Install, connect and commission,
including all supports, etc., reverse cycle
heat pump/split system SPT-01 outdoor unit
40 Kw cooling capacity c/w all electrical
connections, controls etc for a complete
system
Supply, install, connect and commission,
system indoor Units, as specified c/w
thermostats located as indicated in the
drawings, and including all electrical
wiring, ducting, condensate drain pump,
connections, control cabling from outdoor
unit to indoor unit, control cabling from
unit to thermostat and all other
accessories etc. required for a complete
installation:
SPLIT SYSTEM SPT-1
1
L.S.
1
No.
Ceiling Concealed Unit
3.13
45KW
1
No.
3.14
Supply, install and connect thermostats
Supply, Install, connect and commission the
following copper pipework c/w preformed
insulation (which shall be weatherproofed
for all external runs) inclusive of all
accessories, fittings sleeves in walls,
brackets,
fixing,
vents,
oil
traps,
connections, etc. and all necessary to
provide a complete system
Pipework System SPT-02
1
No.
1
L.S.
1
No.
3.15
3.16
SPLIT TYPE UNIT
Supply, Install, connect and commission,
including all supports, etc., reverse cycle
heat pump/split system SPT-02 outdoor unit
40 Kw cooling capacity c/w all electrical
connections, controls etc for a complete
system
Carried Forward
Page 61
Item
Description
Qty
Unit
RATE €
including Eco
Contribution (if
any) and all
other charges as
may be
applicable but
excluding VAT
TOTAL €
including Eco
Contribution (if
any) and all
other charges
as may be
applicable but
excluding VAT
Brought Forward
Supply, install, connect and commission,
system indoor Units, as specified c/w
thermostats located as indicated in the
drawings, and including all electrical
wiring, ducting, condensate drain pump,
connections, control cabling from outdoor
unit to indoor unit, control cabling from
unit to thermostat and all other
accessories etc. required for a complete
installation:
SPLIT SYSTEM SPT-02
Ceiling Concealed Unit
3.17
45KW
1
No.
3.18
Supply, install and connect thermostats
1
No.
3.19
Pipework System SPT-03
1
L.S.
1
No.
3.20
SPLIT TYPE UNIT
Supply, Install, connect and commission,
including all supports, etc., reverse cycle
heat pump/split system SPT-03 outdoor unit
40 Kw cooling capacity c/w all electrical
connections, controls etc for a complete
system
Supply, install, connect and commission,
system indoor Units, as specified c/w
thermostats located as indicated in the
drawings, and including all electrical
wiring, ducting, condensate drain pump,
connections, control cabling from outdoor
unit to indoor unit, control cabling from
unit to thermostat and all other
accessories etc. required for a complete
installation:
SPLIT SYSTEM SPT-03
Ceiling Concealed Unit
3.21
45KW
1
No.
3.22
Supply, install and connect thermostats
1
No.
18
No.
3
No.
Supply and Install Supply Grills
3.23
4 Way Diffuser 900 x 900 mm
Supply and Install Return Grills
3.24
1500 x 1200 mm
Carried Forward
Page 62
Item
Description
Qty
Unit
RATE €
including Eco
Contribution (if
any) and all
other charges as
may be
applicable but
excluding VAT
TOTAL €
including Eco
Contribution (if
any) and all
other charges
as may be
applicable but
excluding VAT
Brought Forward
3.25
Supply and install the following phenolic
ductwork
in
theatre
c/w
acoustic
treatment
1000 x 400 mm
30
m
3.26
1000 x 250 mm
20
m
3.27
20
m
3.28
1000 x 180 mm
Supply and install the following phenolic
ductwork
1000 x 400 mm
30
m
3.29
1000 x 250 mm
20
m
3.30
1000 x 180 mm
Supply and install PVC condensate drains
from air-conditioning units to connection in
shaft including all fittings etc. for a
complete installation
28mm dia.
20
m
45
m
32mm dia.
supply and install supports etc for A/C unit
and heat pump
supply, install and connect centrelised
controller
Test and commission systems
Supply one set of as fitted drawing and
operation manuals
Supply additional sets of as fitted drawing
and operation manuals
45
m
1
L.S.
1
No.
1
L.S.
1
Set
2
Sets
3.31
3.32
3.33
3.34
3.35
3.36
3.37
Bill 3
Total Carried forward to summary on page 66
Page 63
SCHEDULE OF RATES
1.
FOR LABOUR EMPLOYED ON DAYWORK
The Contractor shall insert below the category of labour together with the appropriate "all inclusive" rates
which he considers may be required for use on Daywork and that will apply up the expiration of the
Defects Liability period.
LABOUR CATEGORY
WORKING DAY
HOURLY RATE
€
WORK BEYOND
WORKING DAY
HOURLY RATE
€
MASON
LABOURER
PLUMBER
MECHANICAL FITTER
ASSISTANT MECHANICAL FITTER
ELECTRICAL FITTER
ASSISTANT ELECTRICAL FITTER
WELDER
METAL WORKER
PAINTER
PLASTERER
DRAIN LAYER
Page 64
SCHEDULE OF RATES
II.
FOR PLANT USED ON DAYWORK
The Contractor shall insert below in respect of all items of Plant, which he considers, may be required for
use on Daywork together with the appropriate "all inclusive" rate per hour that will apply up to the
expiration of the Defects Liability period.
LABOUR CATEGORY
WORKING DAY
HOURLY RATE
€
WORK BEYOND
WORKING DAY
HOURLY RATE
€
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 65
TENDER FOR THE SUPPLY, DELIVERY, INSTALLATION,
TESTING AND COMMISSIONING OF ENERGY EFFICIENT AIR CONDITIONING
AND VENTILATION SYSTEM FOR THE MITP THEATRE AT THE
VALLETTA CAMPUS, UNIVERSITY OF MALTA.
Summary
Amount
(€)
(including Eco
Contribution (if any)
and all other charges as
may be applicable but
excluding VAT)
Bill 1 - Preliminaries
Bill 2 – Ventilation System
Bill 3 – Air Conditioning System
Grand Total

The successful bidder shall be bound to conform in all respects with VAT
legislation and regulations.

The awarded contact will include a 20% contingency.
Signature:
....................................................................
(the person or persons authorised to sign on behalf of the tenderer)
Date:
....................................................................
Page 66
VOLUME 5 – DRAWINGS
Design Documents, including Drawings
Section 5.1
List of drawings attached
No
Name
Drawing No
Date No
1.
Air Conditioning Installation Layout
OUV-TR.0.AC.01
08.01.14
2.
Ventilation Installation Layout
OUV-TR.0.VNT.01
09.01.15
3.
Trunking Installation Layout
OUV-TR.0.TR.01
09.01.14
4.
5.
6.
7.
8.
9.
10.
Page 67
Section 5.2
List of design documents available – Not Applicable
No
Designer
Design No
Design name
Date
1.
2.
3.
4
Page 68
Page 69
Page 70
Page 71