Version 4.

3 – Above Threshold eProcurement Document

REFERENCE NUMBER: [ICM/TD 04/22]

SERVICES FOR QUALIFIED CONSULTANTS

ACTING AS CLIENT REPRESENTATIVES
ONBOARD VESSELS CARRYING OUT
PRELIMINARY MARINE ROUTE SURVEY
AND THE REVIEW OF THE DELIVERABLES
FROM THE SURVEY
This project is considered to be partly financed through EU funds

Important: No Bid Bond is applicable.

This tender is being considered for part financing by the

European Union under the European Regional Development
Fund (ERDF) for 2021 - 2027

Interconnect Malta. Ltd.

12, Triq Spiru Mizzi, Birkirkara, BKR1762
+356 21 222 08 600, info@icm.mt

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Contents
SECTION 1 – INSTRUCTIONS TO TENDERERS .............................................. 3
2. Timetable ................................................................................. 3
3. Lots ......................................................................................... 3
4. Clarification Meeting/Site Visit/Workshop ........................................... 4
5. Selection and Award Requirements ................................................... 4
6. Criteria for Award ........................................................................ 6
SECTION 2 – SPECIAL CONDITIONS .......................................................... 7
SECTION 3 – SPECIFICATIONS/TERMS OF REFERENCE (Note 3) ......................... 17
SECTION 4 – SUPPLEMENTARY DOCUMENTATION ...................................... 31
4.1 – Draft Contract Form ................................................................. 31
4.2 – Glossary ............................................................................... 31
4.3 – Specimen Performance Guarantee ................................................ 31
4.4 – Specimen Tender Guarantee (Bid Bond) – where applicable .................. 31
4.4 – Specimen Pre-Financing Guarantee – where applicable ....................... 31
4.5 – Specimen Retention Guarantee – where applicable ............................ 31
4.6 – General Conditions of Contract .................................................... 31
4.7 – General Rules Governing Tendering ............................................... 31

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SECTION 1 – INSTRUCTIONS TO TENDERERS

1. General Provisions

1.1 The subject of this tender is the services for Consultants representing the Contracting Authority
on board vessels that will be carrying out a Preliminary Marine Route Survey (PMRS) for the
second electrical interconnector between Malta and Italy. The Consultants shall also review
and approve the deliverables as issued by the Preliminary Marine Route Survey contractor.

1.2 The place of acceptance of the services shall be Malta, the time-limits for the execution of the
contract shall be one year, and the INCOTERM2020 applicable shall be Delivery Duty Paid (DDP).

1.3 The Estimated Procurement Value for this Call for Tenders has been based on comprehensive
research including appropriate financial analysis. In the context of this procurement, the
Estimated Procurement Value, based on market research, is that of € €120,000 excluding VAT.
This amount is estimated using the quantities indicated in the Financial Bid Form, however,
such quantities are variable and depends on the number of actual days at sea needed and
meetings required in the preparation of the PMRS. During the duration of the Contract, no
guarantee is given on the value as evaluated in the financial bid form or on the evaluated
number of days at sea, which however are capped as per conditions stated in Section 2 Article
18.2.

The purpose of this value shall be the guidance of prospective bidders when submitting their
offer and is not to be considered as a binding capping price.

Therefore, the published Estimated Procurement Value is not restrictive and final on the
Contracting Authority. Economic Operators are free to submit financial offers above or below
the Estimated Procurement Value. However, the Contracting Authority reserves the right to
accept or reject Financial Offers exceeding the Estimated Procurement Value.

1.4 The final beneficiary of this tender is InterConnect Malta Ltd.

2. Timetable

The timetable is as per the dates set through the CfT workspace on the ePPS.

3. Lots

3.1 This tender is not divided into lots, and tenders must be for the whole of quantities indicated.
Tenders will not be accepted for incomplete quantities.*

This tender is to be awarded as one whole in order to avoid divided responsibilities between
the key experts both of which shall be acting as Client Representatives on board the survey
vessels during the Preliminary Marine Route Survey to be held related to the second electrical
interconnector. This course of action is being taken in order to avoid issues related to divided
responsibilities between different Contractors which shall act simultaneously.

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4. Clarification Meeting/Site Visit/Workshop

4.1 No clarification meeting/site visit is planned.

5. Selection and Award Requirements

In order to be considered eligible for the award of the contract, economic operators must
provide evidence that they meet or exceed certain minimum criteria described hereunder.

(A) Eligibility Criteria

Economic Operators are to complete the Eligibility Section through the tender response
format (Note 2)

If applicable, the necessary forms – such as the Power of Attorney, are to be uploaded through
the tender response format/ePPS/xml structure by the Economic Operator, as indicated in the
relevant fields of the tender structure.

(B) Exclusion (including Blacklisting) and Selection Criteria – information to be submitted

through the European Single Procurement Document (ESPD) in the tender response format
(Note 2)

The Exclusion (including Blacklisting) criteria are to be completed by the Economic

Operator in the ESPD (Tender response format) under Part III titled ‘Exclusion
Grounds’ which includes the following:

A. Grounds relating to Criminal Convictions

B. Grounds relating to the payment of taxes or social security contributions
C. Grounds relating to insolvency, conflicts of interests or professional
misconduct
D. Purely national exclusion grounds

Kindly note that the ESPD tender response format is pre-populated by the system.
It is the Economic Operator’s responsibility to ensure that the correct information
is reflected in the ESPD tender response format for the above criteria.

Selection Criteria requirements are to be completed by the Economic Operator in

the ESPD (Tender response format) under Part IV titled ‘Selection Criteria’ which
includes the following: (Note 2)

(a) Suitability (Note 2)

Not Applicable

(Note 2)
(b) Economic and Financial Standing
Not Applicable

(Note 2)
(c) Technical and Professional Ability

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Subcontracting Proportion

Provide data concerning subcontractors and the percentage of works to be

subcontracted.
This information requested below shall be included in the online ESPD form in: Part
IV: Selection criteria –
C: Technical and professional ability-
Subcontracting Proportion

Any subcontractor proposed and disclosed at this stage shall be evaluated in line
with the Exclusion and Blacklisting Criteria as per these Instructions to Tenderers.
Furthermore, if the sub-contractor is relied upon by the Contractor to meet the
standards established in the selection criteria, apart from submitting the relevant
commitments in writing, such reliance will be evaluated to verify its correctness
and whether in effect these criteria are satisfied.

It is being understood that if the information being requested regarding sub-

contracting is left empty, it will be assumed that no sub-contracting will take place
(0% subcontracting).

(Note 2)
(d) Quality Assurance Schemes and Environmental Management Standards

It is the Economic Operator’s responsibility to ensure that the correct information

is reflected in the ESPD tender response format for the above criteria. The
information requested below shall be included in the online ESPD form in:

Part IV: Selection criteria –

D: Quality assurance schemes and environmental management standards

Tenderers shall have their company’s quality management system certified to ISO
9001, their company’s environmental management system certified to ISO 14001
and their company’s occupational health and safety management system certified
to ISO 18001 / 45001 (or equivalent internationally recognised standards).

• Economic Operators to upload proof showing that the bidder has a Quality
management system in accordance with ISO 9001 standard or equivalent
internationally recognised standard.

• Economic Operators to upload proof showing that the bidder has an

Environmental management system in accordance with ISO 14001 standard
or equivalent internationally recognised standard.

• Economic Operators to upload proof showing that the bidder has an

Occupational Health and Safety management system in accordance with
ISO 18001 / 45001 standard or equivalent internationally recognised
standard.

(C) Specifications

(i) Tenderer’s Technical Offer in response to specifications to be submitted online

through the prescribed Tender Response Format and by using the Tender
Preparation Tool provided. (Note 3)

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Key Experts Form (Note 2),

the Statement of Availability Form (Note 2),
(Note 2)
the Self-declaration form for Key Experts (relating to public employees) ,
Key Experts’ CVs (Note 2),
Tenderer’s Technical Offer Form (Note 3)

(D) Financial Offer

(i) A financial offer calculated on the basis of Delivered Duty Paid (DDP) (Grand
Total) for the services tendered as per Tender Response Format. (Note 3)

(ii) A filled-in Financial Bid Form (as per document available to download online from
www.etenders.gov.mt as per Tender Response Format. (Note 3)

In case of any discrepancy the xml tender structure shall prevail.

Notes to Clause 5:

1. Tenderers will be requested to clarify/rectify, within five (5) working days from
notification, the tender guarantee only in the following four circumstances: incorrect validity
date, and/or incorrect value, and/or incorrect addressee and incorrect name of the bidder.
Rectification in respect of the Tender Guarantee (Bid Bond) is free of charge. (currently Bid
Bonds are not applicable)

2. Tenderers will be requested to either clarify/rectify any incorrect and/or incomplete

documentation, and/or submit any missing documents within five (5) working days from
notification.

3. No rectifications shall be allowed. Only clarifications on the submitted information may be

requested. Tenderers will be requested to clarify the submitted information within five (5)
working days from notification.

Requests for Clarifications and/or Rectifications concerning a previous request dealing with the
same shortcoming shall not be entertained.

6. Criteria for Award

6.1 The sole award criterion will be the price. The contract will be awarded to the tenderer
submitting the cheapest priced offer satisfying the administrative and technical criteria.

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SECTION 2 – 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 may
be indicated afterwards.

0.1 Glossary

Interpretation:

Words implying the singular shall also include the plural and vice-versa

Words implying one gender shall also include the other gender

ICM - Interconnect Malta

PMRS - Preliminary Marine Route Survey

Article 2: Notices and Written Communications

2.4 All communication during the tendering stage shall occur through the e-PPS.

Following Contract Signature, without prejudice and in addition to the requirements of

Clause 2 of the General Conditions, the Contracting Authority’s representative may issue
communications by electronic mail and if necessary this may also be done orally, but in
the latter case, it is to be endorsed in writing as soon as is reasonably possible. The
Contractor’s Representative shall answer all communication received from the
Contracting Authority within two (2) working days or within the time-frame that may be
specified by the Contracting Authority.

Following Contract signature, all written communication relating to this Contract should
be addressed to:

InterConnect Malta Ltd

12, Triq Spiru Mizzi,
Birkirkara,
BKR1762.
Malta

or any other official address that may be communicated by the Contracting Authority to
the Contractor as applicable.

Article 5: Supply of Information

5.1 As per General Conditions.

Article 6: Assistance with Local Regulations

6.1 Further to the provisions of the General Conditions, as the Contract activities shall take
place in the territory of other countries besides the Maltese islands, it shall be the
responsibility of the Contractor to obtain copies of, and abide by laws, regulations, and
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information on local customs, orders or bylaws of these countries and regions in which
the services shall be performed. The Contracting Authority shall not be held responsible
for any delays and other issues arising from these matters.

Article 7: General Obligations

7.7 The Contractor shall not make changes of the personnel. Notwithstanding, should the
Contracting Authority determine that the performance of personnel is not to the
required standard, the Contractor shall be requested, in writing and subject to Clause
7.8 below, to change personnel working on this project. Key Experts must have the
necessary skills to carry out the activities specified within this tender and if the
Contracting Authority deems that such services are not being provided, the Contracting
Authority may request a change to the personnel.

7.8 Where, following a request by the Contracting Authority, a member of the staff must
be replaced, the replacement must possess at least equivalent qualifications and
experience. Where the Contractor is unable to provide a replacement with equivalent
qualifications, and/ or experience, the Contracting Authority may either decide to
terminate the Contract, if the proper performance of it is jeopardised, or, if it considers
that this is not the case, propose a replacement at Contractor’s cost or accept the
replacement.

7.12 The Contractor shall, within 15 calendar days of receipt of the contract, sign, and date
the contract and return it together with a copy of the Performance Guarantee. The
Contractor is further obliged to forward the original performance guarantee to the
Contracting Authority. The Contract will not be endorsed by the Contracting
Authority/Central Government Authority until the performance guarantee is submitted.
The amount of the guarantee shall be 4% when the “Total Contract Price for Evaluation
Purposes Only” is between €10,000 and €500,000 ex VAT and 10% when the “Total
Contract Price for Evaluation Purposes Only” as submitted in the Financial Bid Form is
€500,000 or above.

Economic Operators have the possibility to provide the Contracting Authority with a
Single Bond covering the performance guarantees for all the contracts with the same
Contracting Authority. If an additional contract is awarded to a given contractor, which
results in an economic operator’s current cumulative contracts value to go beyond the
contract value range currently covered by the Single Bond, the contractor is to be
requested to; either submit a separate Performance Guarantee for the additional
contract; or else submit a new Single Bond to cover the new total contracts value or
submit an amendment to the original Single Bond specifying the new amount. If an
Economic Operator chooses to make use of the Single Bond, he must submit a letter
from the respective Contracting Authority specifying that the amount of the Single Bond
covers the new Contract, otherwise the new Contract Agreement would not be signed.

7.15 The full performance guarantee amount is released at the end of the Contract.

Article 8: Code of Conduct

8.2 During the period of execution of the Contract, the Contractor and its personnel shall
respect human rights and undertake not to offend the political, cultural and religious
practices prevailing in the beneficiary country and in any country or region thereof that the
activities related to the Contract are carried out.

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Article 9: Conflict of Interest

9.4 Not Applicable

Article 13: Medical, Insurance and Security Arrangements

13.2 Further to the provisions of the General Conditions, apart from the Contractor’s head office,
the Contract shall involve activities in Maltese and Italian territories. Contractor is to ensure
that he/she complies with all European as well as Italian and Maltese specific regulations
and other requirements regarding insurances, health and safety, medical and security and
indemnity requirements in force.

Bidders are to note that Contracting Authority shall endeavour to hold all meetings remotely
where physical presence is not necessary.

13.3 As per General Conditions.

Article 14: Intellectual and Industrial Property Rights

14.3 Any reports/applications compiled by the Contractor in terms with this Contract,
authorizations, results or rights thereon, including copyright and other intellectual or
industrial property rights, obtained in performance of the Contract, shall be the absolute
property of the Contracting Authority, which may use, publish, assign or transfer them as
it deems fit, without geographical or other limitation, except where intellectual or
industrial property rights already exist.

The Contracting Authority shall retain all the rights to all documentation, information,
calculations, drawings, maps and any other data or information in any format provided to
the Contractor for the execution of the Contract. The Contractor shall not use, reuse, or
distribute the data or any of its derivatives in a way or manner other than for the sole
purpose of executing this Contract unless consent is granted in writing by the Contracting
Authority.

The Contractor shall not forward any information/findings/studies/analysis or any data

identified during the course of this Contract to third parties without the written consent of
the Contracting Authority.

Upon completion of all the necessary form of designs, sketches, drawings details,
publications, data in any format and all material requested in this Contract, the Contractor
must grant unlimited rights to the Contracting Authority on the use of this information that
may also be made public. The Contractor must provide the Contracting Authority with
drawings, designs and all prepared material in vector soft copies and in unalterable soft
copies. A full set of hard copies will have to be provided if so requested by the Contracting
Authority.

The Contracting Authority reserves the right to use, reuse, change, alter, publish publicly
and affect redesigns on the designs/ drawings/ reports as prepared by the Contractor and
distribute the data to any other third party and any other appointed contractors following
completion of the Contract.

Article 15: Scope of the Services

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15.1 The scope of the services is defined in Section 3 (Terms of Reference).

Article 16: Personnel and Equipment

16.4 Further to the provisions of the General Conditions, Contractor is to ensure that the
personnel employed on this Contract and operating in Italy, Malta or in any other country
as required by the Contract are to abide by civil, work and employment laws and any other
regulations related to the activities, qualifications, medical certification, health and safety,
insurance and other issues necessary to complete the duties required under this Contract
as applicable to the country that the related activities shall take place.

Article 18: Execution of the Contract

18.1 The date of commencing performance shall be the date of the last signature of the Contract.

18.2 The performance period shall be linked to the duration of the PMRS Contract and the activity
on board which is estimated to last 7 months, including the submission of the Post Survey
Assessment. Which individual Key Expert will be requested to be on the vessels will be at
the Contracting authority’s prerogative on an as-required basis. The execution of any
services requested during the period of the Contract shall commence when the PMRS
Contractor has been chosen so that Consultant shall attend the preparatory meetings prior
to the PMRS contractor obtaining the necessary authorizations to commence the works.

The number of hours on board the vessels indicated in the Financial Bid Form is based on
an estimated 90 days for Key Expert 1 and 50 days for Key Expert 2 together with 15 days
waiting on weather for each key expert. The review of the deliverables of the PMRS
contractor is estimated at 100 hours per key expert.

These estimated quantities are only indicative and may be lower according to the actual
services required at the discretion of the Contracting Authority. The amounts between
Items 1 to 6 in the Financial Bid Form can be shifted between each other as long as the
overall Contract service paid does not exceed the “Total Contract Price for Evaluation
Purposes Only” as submitted in the Financial Bid Form. Thus, the amount paid to the
Contractor shall be capped by this amount. Thereafter, should the services of the
Contractor still be required, procedure shall follow Article 20 of Section 2.

Contracting Authority shall not entertain any requests for damages or claims from
Contractor should the contract duties fall within the above parameters or for any unused
days at sea or waiting on weather.

Article 19: Delays in Execution

19.2 The daily rate for liquidated damages for every day of delay or part thereof, shall be 1% of
the “Total Contract Price for Evaluation Purposes Only” exc. VAT per calendar day.

The maximum amount of damages shall not exceed 20% of the “Contract Price for Evaluation
Purposes Only” indicated in the Financial Bid Form, pursuant to which the Contracting
Authority shall also have the right to invoke the clauses relating to the termination of the
contract and subsequent penalties.

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Moreover, the Contracting Authority reserves the right to engage other contractors to
execute the Contract and any extra expenses incurred, further to the Contract rates, shall
be borne by the Contractor.

Should the delays be due to reasons beyond the control of the Contractor, then in this case,
the Contractor will not be liable to pay the daily penalties indicated above and the period
of the contract will be extended by the length of the delays at no additional cost to the
Contracting Authority.

19.5 Without prejudice to the above, the Contractor may request an extension to the period of
execution, if its performance of the Contract is delayed, or expected to be delayed, for any
of the following reasons:

a) Extra or additional services ordered by the Contracting Authority;

b) Exceptional weather, security or health conditions/ restrictions in the country of
execution of the Contract which may affect service;
c) Conditions or obstructions which may affect execution of the services, which could
not be reasonably have been foreseen by a competent Contractor;
d) Administrative orders affecting the date of completion other than those arising
from Contractor’s default;
e) Failure of the Contracting Authority to fulfil its obligations under the Contract;
f) Force Majeure;
g) Delays caused by the PRMS contract;
h) Any other causes referred to in the General Conditions or these Special Conditions
which are not due to the Contractor’s default;

19.6 Within 15 days of realising that a delay might occur and an extension to the Contract is
required, Contractor shall notify the Project Manager in writing of its intention to submit a
request for extension of the period of performance to which he/ she considers himself/
herself entitled and, save where otherwise agreed between the Contractor and the Project
Manager, within 30 days provide the Project Manager with comprehensive details so that
the request can be examined. The request shall be accompanied by an updated Gantt Chart.

19.7 Within 30 days of receiving the comprehensive details, the Project Manager shall, by written
notice to the Contractor after due consultation with the PMB (Project Management Board),
and where appropriate the Contractor, and after having obtained written approval from the
Central Government Authority, grant such extension of the period of performance as may
be justified, or inform the Contractor that he/ she is not entitled to an extension.

Article 20: Modification of the Contract

20.2 As per General Conditions.

20.5 Subject to what is stated in the Public Procurement Regulations, the repetition of services
shall be capped at 30% of the “Total Contract Price for Evaluation Purposes Only” indicated
in the Financial Bid Form. The prerogative to order such repetition of services shall vest in
the Contracting Authority and if not used the Contractor shall not bear any claim against
the contracting Authority or the Government of Malta.

20.6 Subject to what is stated in the Public Procurement Regulations, additional services (i.e.
new services not included in the original tender) shall be capped at 10% of the “Total
Contract Price for Evaluation Purposes Only” indicated in the Financial Bid Form. The
prerogative to order such additional services shall vest solely in the Contracting Authority
and if not used the Contractor shall have no claim against the Contracting Authority or the
Government of Malta.

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Article 24: Interim and Final Progress Reports

24.1 Further to the provisions of the General Conditions, at the end of each quarter from
contract signing, Contractor must submit a report showing the amount of hours that the
Contractor has worked on the delegated task/s during those past three months. The reports
shall also include an invoice for the services provided during the quarter in question. These
quarterly reports shall be issued in electronic form in both alterable and non-alterable
versions.

A Final Completion Report shall be submitted by the Contractor at the end of the Contract.
This report shall include the total number of hours undertaken by each key expert, the
deliverables submitted and any other issues, activities and events that the Contractor
deems fit. This report shall be accompanied by a final invoice and shall be submitted to the
Contracting Authority for approval.

All reports to be written in the English language. See Section 3 Article 7.

Article 26: Payments and Interest on Late Payment

26.1 The Contractor is to present one invoice for a whole month detailing all the hours of work
utilized during that month and an explanation of the work carried out. A time sheet with
the respective hours must be submitted with this invoice.

The payments will be processed upon presentation of an invoice by the Contractor and
calculated on the rates offered and will only be settled following certification by the
representative of the Contracting Authority.

Payments may be stopped whenever in the opinion of the Authority, the Contractor is in
breach of any conditions of the Contract.

Invoices will be settled within 30 working days from the acknowledged receipt of the invoice
by the Contracting Authority.

26.2 As per General Conditions.

26.9 Payments shall be made in Euro (€) on a monthly basis on presentation of a detailed
invoice. Invoices will be settled within 30 working days from the acknowledged receipt of
the invoice by the Contracting Authority.

Invoices shall be itemised detailing all the hours of service utilised during that month and
a description/explanation of the work carried out. A time sheet with the respective hours
shall be submitted with the invoice. Monthly invoices shall reflect the number of hours
multiplied by the submitted rate for the service by the respective Key Expert.

The final invoice shall provide a summary of the previous invoices together with any
payments due.

Article 27: Pre-Financing Guarantee

27.2 Not applicable.

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27.5 Not applicable.

Article 30: Revision of Prices

30.1 As per General Conditions.

30.5 As per General Conditions.

Article 32: Breach of Contract

32.5 Without prejudice to any other remedies as stipulated in the Conditions of Contract, in case
that the Contractor commits a breach of contract, the Contracting Authority shall contact
in writing the Contractor explaining the issue and to request the Contractor to justify
his/her behaviour within 5 days of receiving such a communication. If such a justification
is not forthcoming within the said 5-day period, the Performance Guarantee shall be
immediately forfeited, any pending payments withheld and the contract may be
terminated. Should the justification be deemed insufficient or unreasonable, the
Contracting Authority at its own discretion shall either resort to arbitration in line with the
conditions of contract and/or forfeit the Performance Guarantee and/or withhold all
pending payments.

The Contracting Authority would then also be at liberty to resort to any other legal measures
as applicable under Maltese law and to terminate the Contract.

Article 39: Further Additional Clauses

39.1 Attendance of Meetings by Contractor

The Contractor will be required to attend meetings to prepare for the PMRS. The
Contracting Authority shall make the necessary arrangements that such meetings will be
held remotely, however physical meetings can also be possible. The cost of such meetings
will be deemed part of the delivery scope of the Contractor and will be paid at the hourly
rate indicated in Financial Bid Form. For the avoidance of any doubt, once on board the
ship, the Contracting Authority will pay by the rate for the days at sea and no extra
charges will be incurred for any meetings/consultations/calls/reviewing
activity/reporting. Therefore, for the same calendar day, only one rate shall apply for
that respective Key Expert.

Other meetings may be required to align the different contractors working on the same
project/s. Again, all the remote meetings to be carried out to coordinate activities
between Contractor and Contracting Authority’s other contractors shall be charged using
the hourly rate provided in the financial bid form for the Key Expert involved for the
duration of the meeting only.

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39.2 Data Protection

Any personal data submitted within the procurement procedure and/or subsequently
included in the Contract shall be processed pursuant to the following:

• Regulation (EU) 2016/679 on the protection of natural persons with regard to the
processing of personal data and on the free movement of such data (the GDPR Regulation)
• Act no. XX of 2018 – Data Protection Act 2018
• Directive 2002/58/EC concerning the processing of personal data and the
protection of privacy in the electronic communications sector (Directive on privacy and
electronic communications)
• Directive 2016/680 on the protection of natural persons with regard to the
processing of personal data by competent authorities of the purposes of the prevention,
investigation, detection or prosecution of criminal offences or the execution of criminal
penalties and on the free movement of such data (the “Data Directive”)

And all applicable laws and regulations relating to the processing of personal data and
privacy.

The provisions of this tender are without prejudice to the obligations of the Central
Government Authority/ Ministerial Procurement unit/ Contracting Authority in terms of
the Freedom of Information Act (Cap 496 of the Laws of Malta)

Unless otherwise provided in the Public Procurement Regulations, the Central Government
Authority/ Ministerial Procurement Unit/ Contracting Authority, prior to disclosure of any
information to a third party in relation to any provisions of this tender which have not yet
been made public, shall consult the tenderer 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 Central Government
Authority/ Ministerial Procurement Unit/ Contracting Authority in terms of the Act.

As the service provider will be required to process personal data, the Tenderer is to view
the attached Data Protection Template. Contractor shall sign this template on Contract
signing.

39.3 Confidentiality Agreement

Following award of Contract, the Contractor shall, on behalf of the key experts, sub-
contractors, and any affiliated organisations, sign a confidentiality agreement.

39.4 Responsibility of information contained within reports and interpretations

The Contractor shall assume all responsibilities regarding the contents within, analysis,
interpretation, litigation, derived information, direction given, assistance, reports and
statements submitted to the Contracting Authority.

Contracting Authority shall not be held responsible for any disputes, litigation, or other
issues arising as a direct consequence of the information submitted by the Contractor
within the service provided even after these are approved for payment.

39.5 Accommodation

Office space, accommodation, subsistence, transfers and transport for staff involved in
providing the service required in this Contract shall be provided for by the Contractor.
Such facilities shall be at Contractor’s cost and deemed to be included in the offer.

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For the avoidance of any doubt, accommodation needed for the Key Experts during
transfer to vessel will be at the Contractor’s cost. In case the crew is disembarked from
vessel during waiting on weather, accommodation, travel and subsistence on land for the
Key Experts shall be provided by the Contractor at its own expense.

In case the survey is suspended, for more than three days, due to weather exigencies or
any other reason, the Contracting Authority may at its discretion request the Contractor
to disembark and demobilise the Key Expert/s ending the period covered by the Rate per
Day of Weather Standby. The service will be resumed when the survey continues. In such
case, the period between disembarkation and re-embarkations will not be charged to the
Contracting Authority.

39.6 Request for Service Procedure – Order Procedure & Response Time

Activities requested by the Contracting Authority shall be communicated to the

Contractor in writing.

When a specific task is requested by the Contracting Authority to the Contractor, the
Contracting Authority shall provide a small description of the requirements and by when
the service is requested. Unless for very urgent and exceptional matters, the Contracting
Authority shall allocate a reasonable time for the provision of the requested service.

The Contractor shall, within two (2) working days of being given such a task, submit a
time frame, itemizing the expected working hours and expected cost of the activity as for
the Contracting Authority’s budgeting purposes. This reply shall also state clearly by when
the activity shall be concluded and give a short description of how the activity will be
dealt with.

The Contractor shall only commence the task following a written notification of approval
from the Contracting Authority agreeing on both the estimated costs and duration.

39.7 Conflict of Interest

Upon Contract signature, Contractor, any subcontractor and Key experts are to sign a
Conflict of Interest declaration per template in declaring that he/ she/ they shall not
conduct nor participate in or be any affiliate to; nor be a subcontractor of; nor be a
subsidiary of; nor be a member of any group of companies/ nor have any present business
relationship with the organisations that shall undertake activities relating to the PMRS for
the Second Electrical Interconnector under the Contract CT3000/2022 as well as any other
project that the Contracting Authority may be entrusted with related to the Second
Electrical interconnector PMRS and that the Contracting Authority deems a possible
conflict of interest. This applies for the duration of this Contract until completion.
Contract shall be considered complete following the submission and approval of all
deliverables under the Contract and the payment of all deliverables thereof by the
Contracting Authority.

39.8 Financial Currency

Where Tenderers submit responses, including bank and financial statements which are
denominated in currencies different from the Euro (€), the conversion rate used shall be
the average conversion rate as published by the European Central Bank on the closing
date of the submission.

All payments as related to this Contract shall be paid in Euro (€).

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39.9 Joint Ventures, Consortia or Group of Economic Operators - Power of Attorney

Form(Note 2)

In the case of a Joint Venture/Consortium or group of economic operators the tender

must include a Power of Attorney Form documentation as follows:

• A preliminary agreement or letter of intent stating that all partners assume joint
and several liability for the execution of the Contract,

• The lead partner is authorised to bind, and receive instructions for and on behalf
of, all partners, individually and collectively.

39.10 Right to Appoint Other Contractors

The Contracting Authority shall also reserve the right to appoint other Contractors to
perform similar activities. Should the Contracting Authority by the expiry of the Contract,
or expiring of the extensions of the Contract, not procure the whole of the indicated
quantities, the Contractor shall hold no right to claim for any quantity/ies that are not
utilised.

39.11 Audits

The Contractor is to keep all documentation, correspondence, data and any other
information related to the Contract in any format for a period of five (5) years following
formal Contract closure.

Such documentation, correspondence, data or other information is to be made available

for examination by any natural or legal person or organization appointed by the
Contracting Authority or the Government of Malta appointed body for the purposes of
auditing the Contract.

39.12 Items deemed to be included in the daily rates

The Contracting Authority deems that the following items are included in the daily rates
submitted by the bidders in the financial bid form.

Items 1 to 4 in the Financial Bid Form shall include Key Experts’ subsistence allowance
and communication throughout the execution of the Key Experts’ Contractual duties.

Items 1 to 4 in the Financial Bid Form shall include the costs for the transfers to Sicily/MT
ports including flights and accommodation to board the ship etc.

Contractor shall note that accommodation on board the survey vessels shall be part of the
PMRS contract.

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SECTION 3 – SPECIFICATIONS/TERMS OF REFERENCE (Note 3)

Where in this tender document a standard, brand or label is quoted, it is to be understood

that the Contracting Authority will accept equivalent standards, brands or labels. However, it
will be the responsibility of the respective bidders, at tendering stage, to prove that the
standards, brands or labels they quoted are equivalent to the standards requested by the
Contracting Authority.

0.1 Definitions and Abbreviations

BOSIET Basic Offshore Safety Induction and Emergency Training

Contract contract signed between Contracting Authority and successful bidder at the end of
the tender process.

Contractor Successful bidder of this tendering process and signing the Contract

D.M. Decreto Ministeriale

EIA Environmental Impact Assessment

EU European Union

IC1 First Malta – Sicily electrical interconnector

IC2 Second Malta – Sicily electrical interconnector

ICM InterConnect Malta Ltd.

IMO International Maritime Organization

KE Key Expert

MBES Multi-Beam Echo Sounder

MESD Ministry for Energy and Social Development

MTG Melita TransGas Co. Ltd.

MW MegaWatt

OPITO Offshore Petroleum Industry Training Organization

PMRS Preliminary Marine Route Survey

PSA Post Survey Assessment Reports

SBP Sub Bottom Profiler

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SSS Side Scan Sonar

STCW Standards of Training, Certification, and Watchkeeping

ToR Terms of Reference

UXO Unexploded Ordnance

1. Background Information

1.1 - Beneficiary Country

Malta.

1.2 - Central Government Authority

Department of Contracts.

1.3 - Contracting Authority

InterConnect Malta Ltd

1.4 - Relevant Country Background

Malta, an EU member since 2004, is an island state in the Mediterranean Sea and lies 93km south
of Sicily, 288km east of Tunisia and 300km north of Libya. Malta has been connected to the
European electricity grid through a 200MW submarine cable interconnection (IC1) to Sicily since
2015. In 2017, Malta has also introduced natural gas as the main fuel for electricity generation
through an LNG Floating Storage Unit and an onshore regasification unit.

Following the European Parliament elections in 2019, the European Union strengthened is policy
towards limiting climate change caused by anthropogenic activities as detailed in the European
Green Deal. Priority has now been shifted in achieving carbon emission neutrality by 2050.

Recently, the decision was taken by the Government of Malta to lay a second electrical
interconnector (IC2) between Malta and Sicily in order to cater for the expected increased
electrical demand due to economic progress as well as the electrification of road transport. This
will also be one of the main strategies to enable Malta to reach its environmental targets towards
achieving carbon neutrality by 2050.

InterConnect Malta Ltd.

InterConnect Malta is a Malta Government owned company operating under the Ministry for
Energy, Enterprise and Sustainable Development (MESD). The Company was previously
established as Melita TransGas Co. Ltd. (MTG) in August 2018 as a public undertaking wholly
owned by the Government of Malta through Petromal Ltd. through Malta Government
Investments Ltd and Malta Investment Management Co. Ltd. On 4 th August 2021, MTG changed
its name to Interconnect Malta Ltd. (ICM).

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Thus, ICM is responsible to implement the second Malta – Sicily electrical interconnector as well
as the Melita TransGas pipeline. Both of these developments shall be installed between Malta
and Sicily.

1.5 - Current State of Affairs in the Relevant Sector

Malta – Italy Interconnector Cable number 2

The second electrical interconnector project shall consist of an underwater and onshore cable
link between the Maghtab terminal Station and the Ragusa 220kV substation in Sicily. Similar to
the first electrical interconnector, it shall have a nominal continuous rating capacity of 200MW,
and can operate in a bi-directional mode, generally importing electricity from Sicily, but being
technically able to transmit electricity from Malta to Sicily should excess electricity produced
in Malta be available in the future.

The cable shall be laid in public roads in Sicily and shall avoid private properties.

The terminal points of the project shall be the 220kV substation at Contrada Cimillà in Ragusa
operated by Terna and the Maghtab terminal station at Qalet Marku operated by Enemalta p.l.c.

The cable landing point in Malta shall be at Qalet Marku while the landing point in Sicily shall
be sited at Marina di Ragusa with two possible landing points still to be studied. Trenchless shore
approaches shall be adopted in both countries to minimise the environmental and visual impacts
on the shore at the proposed landing areas.

ICM has identified a basic route corridor through which IC2 shall be laid. This route corridor has
been chosen according to the following considerations:

• Maximising the separation distance between IC1 and IC2 to ensure that a detrimental
action affecting one submarine cable does not affect the other (e.g. dragging of anchors,
trawling equipment etc.)
• Whenever possible, avoid offshore crossings with IC1
• Where possible, minimise interference with underwater cultural heritage sites
(archaeological sites, wrecks, etc.) with a minimum 800m buffer.
• Avoiding or if not possible, minimising the interference with posidonia oceanica
meadows, Natura 2000 sites and Important Bird Areas
• Avoiding or if not possible, minimising the interference with:

➢ aquaculture areas
➢ vessel bunkering areas
➢ official fishing and trawling areas
➢ sites of ecological importance
➢ critical infrastructure (pipelines, cables, etc.)
➢ touristic areas
➢ restricted areas (Hydrocarbon exploration and exploitation, military zones etc.)
• Avoid declared anchoring zones and officially recognised anchoring plateaux
• Minimising the interference with any interdicted zones
• Avoiding geological hazards and documented areas containing geological hazards
including faults and soil liquefaction zones
• Avoiding offshore waste dumping sites
• Choosing the shortest possible route

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The proposed IC2 cable offshore route is shown in below:

Proposed IC2 cable route between Malta and Sicily

1.6 - Related Programmes and Donor Activities

CT 3000/2022
( https://www.etenders.gov.mt/epps/cft/prepareViewCfTWS.do?resourceId=8384685 )

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2. Contract Objectives and Expected Results

2.1 - Overall Objectives

The overall objectives of the project of which this Contract will be a part are as follows:

To assist the Contracting Authority during the PMRS with activities on board the vessels deployed
by the PMRS Contractor that will be carried out Offshore between Malta and Italy and nearshore
Malta and Nearshore Italy under separate Contract CT 3000/2022.

The Contractor shall be the link between the Contracting Authority and the PMRS’ crew and will
be required to communicate with the Contracting Authority and recommend decisions to ensure
the survey is carried out as per PMRS terms of references (CT 3000/2022) and Method
Statements.

2.2 - Specific Objectives

The objectives of this Contract are as follows:

The Contractor is to provide the Contracting Authority with reports, detailed as appropriate,
information and suggestions together with advice regarding activities on board the ship/s
carrying out the PRMS and related activities (geotechnical sampling, boreholes, environmental
sampling, geophysical surveys etc.)

Contractor shall also review, assess and, in agreement with the Contracting Authority, approve
the deliverables by the PMRS contractor, including the Post Survey Assessment reports.

2.3 – Results to be achieved by the Contractor

The Contractor shall ensure that Key Experts deployed have the necessary skills and capabilities
to achieve the following results associated with PMRS, geotechnical and borehole drilling to be
carried out nearshore Malta and Italy and for the offshore part. The Key Expert/s on board are
to be available during the execution of the surveys. The Key Expert/s shall liaise with the PMRS
contractor to be available in case of necessity during silent hours.

a. Ensure that works performed on board the vessel during the PMRS survey are according
to best practices, the Terms of Reference of the PMRS tender and the approved Method
Statements agreed between the Contracting Authority, Contractor and relevant
Competent Authorities.

b. Ensure that works performed by the PMRS survey contractor are in line with the
contractual agreements for the determination of the optimal cable 200m route wide
corridor.

c. Ensure that geotechnical Sampling are carried out according to those agreed in the ToRs
and the approved Method Statements

d. Ensure that cores obtained at nearshore approaches are retrieved, stored and
documented according to the PMRS ToRs and approved Method Statements

e. Ensure that the environmental samples are collected and recorded as specified in the
agreed PMRS ToRs and approved Method Statements.

f. Ensure that the PMRS Contractor handles and stores the samples collected for chemical
analysis as per procedures agreed with the Contracting Authority.

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g. Ensure that the PMRS targets are achieved.

h. Attend daily progress meetings onboard the survey vessel and give daily updates to the
Contracting Authority on progress and findings and ensures that all minutes of meetings
carried out on board the vessels are compiled and such minutes delivered to the
Contracting Authority on a daily basis.

i. Provide live recommendations on decisions to be taken to solve problems that may arise
on board the vessel during the marine surveys, especially to ensure that a 200m
workable corridor is determined for cable route.

j. Approve reports, studies, and other documentation.

k. Report the proceedings on board the marine survey vessel.

l. Advise the Contracting Authority on optimal cable routing when the 600m corridor is not
found to be adequate for burying the cable.

Contractor shall also ensure that the key experts shall have the necessary knowledge and skills
to review, assess and approve the Post Survey Assessment reports to the Contracting Authority’s
satisfaction. The PSA shall consist of different reports as detailed in Section 3 Article 4.2.

3. Assumptions and Risks

3.1 - Assumptions Underlying the Project Intervention

• The Contractor understands the requirements and objectives of this tender.

• The Contractor will be able to deliver the output targets/indicators and results indicated
with the highest possible efficiency and within the stipulated and allocated timeframes.
• There is excellent communication throughout the whole duration of the Contract
between the Contractor and the Contracting Authority.
• The Contractor has the technical capacity and human resources to deliver within
deadlines and adopt contingency proposals as necessary.
• The Contractor will be bound to amend any component of the project's tasks/ activities
until it is to the satisfaction of the Contracting Authority.
• The Contractor will be bound to obtain the necessary approval from the Contracting
Authority on any component of the project activity.
• All costs and expenses pertaining to all tasks/activities and outputs comprised in the
project are included in the final bid price.
• In executing any work under this Contract, the Contractor shall comply with any
requirements contained in any law which may from time to time be in force in the country
where the service is being requested, namely Malta, Italy, and the European Union and
with any procedures, policies, orders, guidelines or directives issued thereunder.
• The Service Provider has the relevant qualifications and formal recognition to perform
services as requested in the tender document.
• It is assumed that the Service Provider will be signing a Confidentiality Agreement
(Section 2 Article 39.3) that will form part of the Contract. This document is provided
with the forms submitted with this tender but needs only to be completed with the
Contract Document once the tender is awarded.
• Before undertaking any tasks that are charged by the hour, the Contractor is to always
provide an estimate of the time required. The Contracting Authority must accept the
proposal before undertaking of any work by the Contractor. The invoice of the task will

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be based on the estimate unless another written agreement is reached between the
Contracting Authority and the Contractor.
• Contractor’s employees that will be on board the vessels shall have the necessary medical
certificates and training such as valid BOSIET certificate or equivalent obtained from an
IMO/OPITO certified training centre. Additionally, a valid COVID-19 certificate is
required.

3.2 – Risks

External factors beyond the control of the Contractor and the Contracting Authority will affect
the execution of the Contract. It is assumed that the Contractor allows for flexibility in terms
of timing and delivery of specific aspects of the project that may be required by the Contracting
Authority due to changes in external factors.

The Contractor must ensure that the targets are met within the stipulated timeframe. Time
limits may not be used as a justification for substandard work. It is expected that the service
provider has sufficient organisational capacity to handle pressure and maintain high quality work
standards.

As the execution of this Contract shall depend on the progress of the PMRS, a certain degree of
flexibility is expected from the Contractor to cater for any event (delays due to weather,
machinery breakdown etc.) that may occur during the activities associated with the PMRS.

The Contracting Authority or other Authorities/Constituted Bodies may not always be in a

position to provide detailed information to the Contractor as such information may not be
available. However, in such cases, the Contractor shall endeavour to obtain substitute or related
information.

The time frames for the activities that shall be agreed with the Contracting Authority for the
various tasks following Contract award must be based on reasonable benchmarks. Delays that
the Contractor may encounter and which are deemed by the Contractor to be outside their
control are to be immediately communicated to the Contracting Authority.

The Contracting Authority as well as the Government of Malta shall be held blameless should
there be no request for service during any of the months. On the other hand, the amount payable
for this Contract shall not exceed the “Total Contract Price for Evaluation Purposes Only” as
submitted in the Financial Bid Form.

In case the number of hours for a particular Key Expert has been depleted and a financial balance
is still available from the “Total Contract Price for Evaluation Purposes Only” due to low usage
of the other items, the Contracting Authority may, at its discretion, transfer the financial
amounts to the items where a service is required as long as the “Total Contract Price for
Evaluation Purposes Only” remains the same. This in the quest to ensure flexibility whilst
remaining withing budget.

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4. Scope of the Work

4.1 – General

4.1.1 Project Description

ICM is requesting the services of suitable Contractors that are qualified and competent with
sufficient skills and capabilities to act as client representatives on board third party vessels
undertaking the PMRS and core drilling as related to the second electrical interconnector
between Malta and Sicily to supervise, report, follow up, recommend best practices and
provided information in a timely manner during the PMRS Survey.

Contractor shall also review, assess and approve the deliverables of the PMRS contractor to
the satisfaction of the Contracting Authority.

4.1.2 Geographical Area to be covered

Malta and Italy, their territorial waters and continental shelf between Malta and Sicily

4.1.3 Target Groups

Technical Consultation organisations specialising in marine surveys

4.2 - Specific Activities

A. Services Required

The Contractor shall provide the following Services associated with the activity on board the
vessels carrying out the PMRS and the Geotechnical Activities. Such services relate to:

a. Ensure that works performed by the PMRS contractor on board the vessel is according
to best practices, the Terms of Reference of the PMRS tender and approved Method
Statements agreed between the Contracting Authority, Contractor and relevant
Competent Authorities.

b. Ensure that works performed by the PMRS contractor is in line with the contractual
agreements for the determination of the optimal cable 200m route wide corridor.

c. Ensure that geotechnical Sampling is carried out according to the specifications agreed
in the PMRS ToRs and approved Method Statements.

d. Ensure that cores drilled at nearshore approaches are retrieved, stored and
documented according to the specifications agreed in the PMRS ToRs and approved
Method Statements.

e. Ensure that the environmental samples are collected and recorded as specified in the
PMRS ToRs and approved Method Statements.

f. Ensure that the PMRS contractor handles and stores the samples collected for chemical
analysis as per procedures agreed with the Contracting Authority.

g. Ensure that the PMRS targets are achieved. Thus, the Contractor’s Key Experts are
expected to have familiarised themselves with the requirements of the PMRS Contract
and that they have suitable skills and capabilities to ensure that the activities
requested by the Contracting Authority from the PMRS contractor are carried out to
the letter. The Key Experts must be supported from the Contractor’s office as to
ensure that these ToRs are respected.

h. Attend daily progress meetings and project meetings onboard the survey vessels and
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deliver daily updates to the Contracting Authority on progress and findings and ensures
that all minutes of the meetings carried out on board are compiled and such minutes
delivered to the Contracting Authority on a daily basis.

i. Provide live recommendations on decisions to be taken to solve problems that may

arise on board the vessel during the marine surveys, especially to ensure that a 200m
workable corridor is determined for the cable route.

j. Approve reports, studies, and other documentation compiled under CT 3000/2022.

k. Countersign the daily log book of the survey vessel and report the proceedings on board
the marine survey vessel.

l. Advise the Contracting Authority on optimal cable routing when the 600m corridor is
not found adequate for burying the cable.

m. Identifying and managing any issues (ex. Need to reroute due to the discovery of
constraints related to environmental, morphological, bathymetrical, landscape, etc.
nature) which may negatively affect the project, and which may preclude the
finalization of an optimal 200m corridor.

n. On the spot interpretation of Geophysical data collected from the PMRS through the
MBES, SBP, SSS and Magnetometer as to notify the Contracting Authority in case
anomalies that may need rerouting are identified

o. On the spot interpretation and classification of samples collected with the aim to
characterise the materials collected. The Contractor on board shall ensure that the
PMRS Contractor provides a good approximation of the density and granularity of the
materials and ensure that sampling is repeated if the results are inconclusive or if the
sample length is less than 50% of the maximum length or if not performed properly.

p. Other tasks on board as may be required during the Agreement period in order to
facilitate the implementation of the Project

q. In order to ensure that the tasks under the PMRS contract CT3000/2022, the Client
representatives selected by the Contractor shall both be able to independently carry
out the duties listed in these ToRs and be capable to monitor and lead the activities
mentioned in the PMRS tender as each Key Expert will be deployed independently and
will not be together on board the same vessel.

r. Interact with representatives from Competent Authorities if the latter request to be

present on board the vessel for environmental sampling and material characterization.

s. Supervise the execution of the required boreholes (with recovery) and ensure that the
retrieved sample analysis conforms to the PMRS contract ToRs as well as applicable
legislations or Competent Authorities’ requirements.

B. Reporting

1. The Contractor shall at every day present a daily report of the activities pertinent to
be mentioned and ensure that the daily report sent by the PMRS Contractor is truthful
and faithful to the activities carried out on board and that events worth noting are duly
listed. Contractor shall countersign the daily report.

2. At the end of each vessel’s activity, the Contractor shall submit a final report to
summarise the work activities carried out during that period. The final report shall
detail:
i. The work and activities carried out during the survey.
ii. A list of meetings held, decisions taken, and issues raised.

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iii. Issues that remain to be solved.

iv. Describe how the Contractor has successfully delivered the scope of services
under this agreement.
v. Any recommended follow up actions to enable the Project to continue on
track.

C. PMRS Deliverables - Review, Assessment and Approval

With reference to item j.) of Section 3 Article 4.2 above, the Contractor shall review all the
documentation as issued by the PMRS Contractor. Contractor shall review and recommend
modifications to the reports that shall be produced by the PMRS contractor. These reports shall
include but not limited to:

• Environmental reports - which shall provide information from the surveys ensuring that
all marine offshore data required for the environmental baseline description of the
EIAs in Malta and Italy will be collected for ecosystem, sea water and soil and subsoil
quality and contamination levels both for the offshore sections and in the nearshore
areas are determined.

• Determination of the optimal 200m wide cable corridor

• PMRS Interim Reports

• PMRS Digital Data Delivery

• PMRS Draft and Final Completion Report

• PSA which shall consist of the following:

o Geological and seismological hazard risk assessment

o On bottom strength and sediment instability analysis
o Metocean Study of the whole route
o Sediment Dispersion Analysis
o Landfall feasibility assessment
o Posidonia Oceanica/ Sensitive Marine Habitat Studies
o Determination of manmade objects including UXOs, wrecks, archaeological
remains, cables, pipelines etc.
o Environmental and biodversity Baseline reports
o Sediment Dispersion analysis
o Final Report in line with Annex B2 DM 24/01/1996 (cd Relazione di Posa)
and S.L. 549.46, S.L. 549.44 and S.L. 549.100
o 200m wide cable corridor report

Timing of revisions, assessments, comments of feedback and approvals on the above reports
and other deliverables from the PMRS contractor shall be according to the requirements of
Section 3 Article 7.

Contractor shall liaise with the Contracting Authority to ensure that the approved reports meet
the required quality criteria as would be required for the compilation of the Environmental
impact studies related to this project.

4.3 - Project Management

4.3.1 Responsible Body

InterConnect Malta Ltd. shall be the final beneficiary which will be responsible for managing
the Contract.

4.3.2 Management Structure

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The Contracting Authority has established a Project Management Board to manage the Project.
A Project Manager has been appointed to manage this Contract.

The Key Experts shall report to the Project Manager. Should it be necessary, the Key Experts
shall make presentations or attend meetings with this board.

In such cases, the Project Manager shall contact the Contractor and issue instructions
accordingly.

4.3.3 Facilities to be provided by the Contracting Authority and/or other parties

The PMRS Contractor will provide accommodation on board the vessel for Client’s
representatives during the survey. All other accommodation for the personnel of the
Contractor of this tender is to be provided by the Contractor.

5. Logistics and Timing

5.1 – Location
The tasks associated with the Contract shall be carried out at appropriate locations. PMRS
supervision activities shall be carried out directly on board the vessels while the review,
assessment and approval of the PMRS reports can be carried out at Contractor’s premises.

5.2 - Commencement Date & Period of Execution

Articles 18.1 and 18.2 of the Special Conditions determine the actual commencement date and
period of execution.

6. Requirements

6.1 – Personnel and Key Experts

6.1.1 Key Experts

The following educational and professional qualifications are to be held by the service provider
or Contractor itself, subcontractors or consortium members.

The key experts as listed below must individually possess the following expertise.

Key Expert 1: Client Representative 1

Requirements:
- A minimum MQF Level 6 or equivalent in survey related discipline (Hydrography,
Topography, Geography, Geoscience, or Geomatics) or equivalent
- Key Expert must have excellent verbal and written communication skills in the English
Language and the ability to interpret results of the marine route survey to ensure that
an adequate submarine cable route is being traced and propose alternative actions if
needed.

Key Expert 2: Client Representative 2

Requirements:
- A minimum MQF level 6 or equivalent, in Geology, Geoscience, Geotechnical
Engineering or equivalent
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- Key Expert must have excellent verbal and written communication skills in the English
Language and the ability to interpret results of the marine route survey to ensure that
an adequate submarine cable route is being traced and propose alternative actions if
needed.

CVs, including qualifications and skills, for the key experts must be provided in the offer.
Please also refer to key experts’ form (Section 1 Article 5(C)(i)).

All key experts are required to have a minimum proficiency level (level C1) in written and
spoken English.

Separate Declarations of Availability forms signed by each key expert shall be uploaded with
the bid. (i.e. each expert to sign a separate declaration of Availability form). (Section 1 Article
5(C)(i))

Should any key expert be an employee of the Maltese Public Administration, he/she is to fill
the Self Declaration form for Key Experts (Section 1 Article 5(C)(i)).

CVs for experts other than the key experts are not examined prior to the signature of the
contract. They should not have been included in tenders.

The Consultant shall select and hire other experts as required according to the profiles
identified in these Terms of Reference.

All experts must be independent and free from conflicts of interest in the responsibilities
accorded to them.

6.1.2 Supporting Staff

The Contractor shall provide the Key Experts with relevant support staff and backstopping
facilities required for the implementation of the activities entrusted to them by the
Contracting Authority.

During the PMRS, the Key Expert/s who are on board the survey vessels shall have the necessary
means to contact back-office staff to support them in decisions that may be needed in the
execution of the Contractual duties. All the capabilities and skills required in such duties shall
be readily available. Such support is deemed to be included in the daily rate of the respective
Key Expert/s.

The Contractor shall also provide the necessary staff and support to the Key Expert/s in order
to be able to carry out the review of the PMRS documentation and provide recommendations
in line with the skills required for the proper execution of the Contractual duties. Such support
is deemed to be included in the rate per hour for PMRS Deliverables, review, assessment and
approval from the financial bid form.

6.2 – Accommodation

Land based office space, accommodation, subsistence and transport for experts and any staff
involved in the Contract shall be provided by the Contractor. Such facilities shall be at

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Contractor’s cost and deemed to be included in the offer. Vessel based accommodation shall
be provided by the PMRS contractor under its own contract.

6.3 - Facilities to be provided by the Consultant

The Contractor shall ensure that experts are adequately supported and equipped. In particular
it shall be ensured that there is sufficient administrative, secretarial and interpreting provision
to enable experts to concentrate on their primary responsibilities. The Contractor must also
transfer funds as necessary to support activities under the Contract and to ensure that
employees are paid regularly and in a timely fashion.

If the Contractor is a consortium, the arrangements should allow for the maximum flexibility
in project implementation. Arrangements offering each consortium partner a fixed percentage
of the work to be undertaken under the contract should be avoided.

The Contractor shall ensure that the staff providing the service are adequately supported and
equipped. In particular, it shall be ensured that they have sufficient skills and capabilities to
carry out the tasks required in these specifications and are equipped with ICT hardware,
administrative support at the back office, and software for interpreting data as to enable the
experts to concentrate on their primary responsibilities and communicate with the Contracting
Authority on Land.

The Contractor must also transfer funds as necessary to support activities under the Contract
and to ensure that employees are paid regularly and in a timely fashion.

6.4 – Equipment

No equipment is to be purchased on behalf of the Contracting Authority/beneficiary country

as part of this service contract or transferred to the Contracting Authority/beneficiary country
at the end of this Contract. Any equipment related to this contract which is to be acquired by
the beneficiary country must be purchased by means of a separate supply tender procedure.

7. Reports

7.1 - Reporting Requirements

7.1.1 Quarterly reports, the Final Completion Report and other deliverables as per Project Manager’s
instructions shall be submitted in alterable electronic format to the Project Manager. Another
copy shall be transmitted in un-alterable electronic format Following approval by the
Contracting Authority, these reports/ deliverables shall be considered as final. These reports/
deliverables are to be written in the English language.

The Contracting Authority shall comment on all reports (technical, quarterly and final
completion reports) submitted by the Contractor’s Key Experts within ten (10) working days in
return, any feedback by the Key Experts to the Contracting Authority shall be submitted within
ten (10) working days. In case such a timeline cannot be met, the concerned party shall inform
the other party within the said ten (10) working day period as to when the comments or
feedback is to be submitted. Final approval by the Contracting Authority of the documentation
submitted shall be executed within thirty (30) days of such a submission.

For reports, the deadlines of the reports shall be agreed with the Contractor upon the
acceptance of the task and failure to reach deadlines shall not be allowed.

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7.2 - Submission & Approval of Progress Reports

As per section 2 article 24.1

8. Monitoring and Evaluation

8.1 - Definition of Indicators

All requested services shall be completed as stipulated by the Contracting Authority and to the
satisfaction of the same Contracting Authority.

8.2 - Special Requirements

The Contractor shall be able to handle multiple issues, as per Section 3 Clause 2, above,
simultaneously, if so required, and keep updated with all relative and relevant legislation,
regulation and EU directive in the areas of Environmental nature. The Contractor shall be able
to provide sound structural environmental advice in the respective area.

8.3 – Annexed Documents

Document Name Author

Key Experts Form Contracting Authority

Statement of Availability Form
Self-Declaration form for Key Experts (relating to public employees)
Technical Offer Form
Financial Bid Form
Power of Attorney Form – (if applicable)
Confidentiality Agreement Template (to be signed and submitted by
Contractor on Contract Signing)
Conflict of Interest (to be signed and submitted by Contractor on
Contract Signing)
Data protection Agreement Template (to be signed and submitted by
Contractor on Contract signature)

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SECTION 4 – SUPPLEMENTARY DOCUMENTATION

4.1 – Draft Contract Form

4.2 – Glossary

4.3 – Specimen Performance Guarantee

4.4 – Specimen Tender Guarantee (Bid Bond) – where applicable

4.4 – Specimen Pre-Financing Guarantee – where applicable

4.5 – Specimen Retention Guarantee – where applicable

These are available to view and download from the ‘Resources Section’ at: www.etenders.gov.mt.

4.6 – General Conditions of Contract

The full set of General Conditions for Works Contracts (Version 4.3), for Supplies Contracts (Version 4.3)
and for Services Contracts (Version 4.3) can be viewed/downloaded from the ‘Resources Section’ at:
www.etenders.gov.mt

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.

4.7 – General Rules Governing Tendering

The contents of this procurement document complement the latest version of the General Rules Governing
Tenders applicable on the date of the publication of this tender, the Terms of Use and the Manual for
Economic Operators applicable to Government’s e-Procurement Platform (available from the Resources
section of www.etenders.gov.mt).

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