Closing Date: 14 SEP 2010 at 10:00am (Malta Time) CT Notice: CT 146/2010

Date Published: 23 JUL 2010 CT File No: CT 3060/2010

Operational Programmes for Malta

Cohesion Policy 2007-2013

Investing in your future

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Service Tender for Engineering, Procurement Construction
Management (EPCM) Consultancy Services for the design, EIA,
contracting and managing a project for the construction and operation
of a Biological Treatment plant in Gozo

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The cost of this tender dossier is 150 euro

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This Tender is being considered for European Union part-financing
Operational Programme I – Cohesion Policy 2007-2013
Investing in Competitiveness for a Better Quality of Life
Cohesion Fund

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Note:
The Tender Guarantee is set at € 8,000.

Tenderers are bound by their offers until at least 11 FEB 2011

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 SERVICE TENDER
Table of Contents

Table of Contents........................................................................................... 2
VOLUME 1 SECTION 1 – INSTRUCTIONS TO TENDERERS .............................................. 5
A. GENERAL PART........................................................................................... 5
1. General Instructions ................................................................................... 5
2. Timetable ............................................................................................... 5
3. Lots ...................................................................................................... 6
4. Financing................................................................................................ 6
5. Eligibility ................................................................................................ 6

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6. Selection Criteria ...................................................................................... 6
7. Only One Tender Per Tenderer .....................................................................11

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8. Tender Expenses ......................................................................................11

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9. Site Inspection ........................................................................................11
B. TENDER DOCUMENTS.................................................................................. 12
10. Content of Tender Document......................................................................12
11. Explanations/Clarification Notes Concerning Tender Documents............................12
12. Labour Law ...........................................................................................12

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13. Law ....................................................................................................13
C. TENDER PREPARATION ............................................................................... 13

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14. Language of Tenders................................................................................13
15. Presentation of Tenders............................................................................13
16. Content of Tender (Single-Envelope System) ...................................................13

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17. Tender Prices ........................................................................................14
18. Currencies of Tender and Payments..............................................................15
19. Period of Validity of Tenders ......................................................................15
20. Tender Guarantee (Bid Bond) .....................................................................15

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21. Variant Solutions ....................................................................................16
22. Preparation and Signing of Tenders ..............................................................16
D. SUBMISSION OF TENDERS ............................................................................ 16
23. Sealing and Marking of Tenders ...................................................................16
24. Extension of Deadline for Submission of Tenders...............................................17

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25. Late Tenders .........................................................................................17
26. Alterations and Withdrawal of Tenders ..........................................................17

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E. OPENING AND EVALUATION OF OFFERS ........................................................... 17
27. Opening of Tenders .................................................................................17
28. Secrecy of the Procedure ..........................................................................17

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29. Clarification of Tenders ............................................................................18
30. Tender Evaluation Process .........................................................................18
31. Correction of Arithmetical Errors .................................................................19
F. CONTRACT AWARD .................................................................................... 20
32. Criteria for Award ...................................................................................20
33. Right of the Central Government Authority to accept or reject any Tender...............20
34. Notification of Award, Contract Clarifications..................................................20
35. Contract Signing and Performance Guarantee ..................................................21
36. Commencement of Services .......................................................................21
G. MISCELLANEOUS ....................................................................................... 22
37. Ethics Clauses ........................................................................................22
38. Data Protection and Freedom of Information ...................................................22
39. Gender Equality .....................................................................................23
VOLUME 1 SECTION 2 – TENDER FORM ................................................................ 24
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VOLUME 1 SECTION 3 – TENDER GUARANTEE FORM ................................................ 28
VOLUME 1 SECTION 4 - QUESTIONNAIRE............................................................. 29
Notes to Tenders .........................................................................................29
Form 4.1 –Tenderer’s Contact Details ................................................................30
Form 4.2 - Power of Attorney ..........................................................................31
Form 4.3 - Data on Joint Venture/Consortium (Where applicable) ..............................32
Form 4.4 – Sub-Contracting.............................................................................33
Form 4.5 - Statement on Conditions of Employment ...............................................34
Form 4.6 - Overview of Tenderer’s Personnel .......................................................35
Form 4.7 – KEY EXPERT Experience form sheet – to be filled for EACH key expert ............36
Form 4.8 - Key Experts ..................................................................................37
Form 4.9 – Statement on Exclusivity and Availability...............................................38
Form 4.10 – Further Information.......................................................................39
VOLUME 1 SECTION 5 – GLOSSARY ..................................................................... 40
VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC CONTRACTS REGULATIONS ........... 42
Part XIII - Appeals ........................................................................................42

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VOLUME 2 SECTION 1 – DRAFT CONTRACT FORM ................................................... 43
VOLUME 2 SECTION 2 – GENERAL CONDITIONS ...................................................... 45
VOLUME 2 SECTION 3 – SPECIAL CONDITIONS........................................................ 46

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Article 1: Definitions and Conventions ...................................................................................... 46
The following is added to sub-article 1.3: ................................................................................. 46

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This definition is applicable to the Special Conditions and the General Conditions for Service
Contracts(Version 1.01 of 24 March 2010). The term Project Manager shall retain the meaning attributed to
it as detailed in Volume 3 - Terms of Reference and Appendices. .................................................... 46

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Article 2: Notices and Written Communications .......................................................................... 46
Article 7: Obligations of the Contractor .................................................................................... 46
Article 12: Indemnification ................................................................................................... 46

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Article 14: Intellectual and Industrial Property Rights ................................................................... 47
Article 19: Execution of the Contract ....................................................................................... 47
Article 20: Amendment of the Contract .................................................................................... 47
Article 24: Interim and Final Progress Reports ............................................................................ 47
Article 26: Payments and Interest on Late Payment ..................................................................... 47

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Article 27: Financial Guarantee .............................................................................................. 53
Article 39: Further Additional Clauses ...................................................................................... 53
VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE .................................. 54

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VOLUME 2 SECTION 5 – SPECIMEN PREFINANCING PAYMENT GUARANTEE ..................... 55
VOLUME 3 SECTION 1 – CONTRACTING AUTHORITY’S REQUIREMENTS (TERMS OF

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REFERENCE)................................................................................................ 56
1. Background Information .............................................................................57
1.1 - Beneficiary Country ...................................................................................................... 57

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1.2 - Central Government Authority......................................................................................... 57
1.3 - Contracting Authority ................................................................................................... 57
1.4 - Relevant Country Background.......................................................................................... 57
1.5
1.6
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-

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Current State of Affairs in the Relevant Sector..................................................................... 57
Related Programmes and Donor Activities........................................................................... 58
2. Contract Objectives and Expected Results .......................................................58

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2.1 - Overall Objectives ....................................................................................................... 58
2.2 - Specific Objectives....................................................................................................... 58
2.3 - Results to be Achieved by the Consultant ........................................................................... 58
3. Assumptions and Risks ...............................................................................59
3.1 - Assumptions Underlying the Project Intervention .................................................................. 59
3.2 – Risks ........................................................................................................................ 59
4. Scope of the Work ....................................................................................60
4.1 – General..................................................................................................................... 60
4.2 - Specific Activities ........................................................................................................ 60
4.3 - Project Management..................................................................................................... 70
5. Logistics and Timing..................................................................................70
5.1 – Location.................................................................................................................... 70
5.2 - Commencement Date & Period of Execution........................................................................ 70
6. Requirements..........................................................................................71
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 6.1 – Personnel .................................................................................................................. 71
6.2 – Accommodation .......................................................................................................... 72
6.3 - Facilities to be provided by the Consultant ......................................................................... 72
6.4 – Equipment ................................................................................................................. 73
7. Reports .................................................................................................73
7.1 - Reporting Requirements ................................................................................................ 73
7.1.1 – General Reporting ..................................................................................................... 73
7.1.2 Special Reports – Supervision Reports............................................................................ 74
7.2 - Submission & approval of progress reports .......................................................................... 76
8. Monitoring and Evaluation...........................................................................76
8.1 - Definition of Indicators.................................................................................................. 76
8.2 - Special Requirements ................................................................................................... 76
Appendices................................................................................................. 77
VOLUME 3 SECTION 2 – TENDERER’S TECHNICAL OFFER (ORGANIZATION & METHODOLOGY) ....... 80

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Remarks.................................................................................................... 82
VOLUME 4 - FINANCIAL BID.............................................................................. 83

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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 Central Government
Authority, 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.

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The Evaluation Committee shall, after having obtained approval by the General 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

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penalty of €50: failure to comply shall result in the tender offer not being considered any
further.

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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

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This is a call for tenders for the Engineering, Procurement and Construction Management of a
Biological Treatment Plant in Gozo to consist of the services required by the Contracting
Authority as described in the Terms of Reference of this document – refer to Volume 3

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Section 1 of this tender document..

1.3 This is a global-price contract.

1.4

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The tenderer will bear all costs associated with the preparation and submission of the tender.
The Central Government Authority will in no case be responsible or liable for such costs,

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whatever the conduct or outcome of the procedure.

1.5 The Central Government Authority retains ownership of all tenders received under this tender
procedure. Consequently, tenderers have no right to have their tenders returned to them.

2. Timetable

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Clarification Meeting
19.08.2010 10.00am
(Refer to Clause 9.2)
Deadline for request for any additional
information from the Contracting 30.08.2010 -
Authority
Last date on which additional
information are issued by the Contracting 09.09.2010 -
Authority
Deadline for submission of tenders /
Tender Opening Session 14.09.2010 10:00am
(unless otherwise modified in terms of Clause
11.3)
* All times Central European Time (CET)

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

4. Financing
4.1 The project is being considered for co-financing by the European Union/Government of Malta,
in accordance with the rules of Cohesion Policy 2007-2013 Investing in Competitiveness for a
Better Quality of Life Cohesion Fund.

4.2 The beneficiary of the financing is WasteServ Malta Ltd.

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5. Eligibility
5.1 Participation in tendering is open on equal terms to all natural and legal persons of the

5.2
Member States of the European Union, the beneficiary country, any other country in
accordance with Regulation 76 of the Public Procurement Regulations.

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Natural persons, companies or undertakings who fall under any of the conditions set out in

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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

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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

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following requirements:

 The tender must include all the information required by Form 4.3 of Volume 1, Section 4
for each partner of the joint venture/consortium.

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 One partner must be appointed lead partner and that appointment confirmed by
submission of powers of attorney signed by legally empowered signatories representing all

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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

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behalf of, all partners, individually and collectively. This shall take the form of the
‘Power of Attorney’ form as per Form 4.2 of Volume 1, Section 4.

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 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

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whole performance period of the contract other than as may be permitted or required by
law.

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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

6.1
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provided.

6. Selection Criteria
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 Evidence of financial and economic standing.

(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
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 them. It must in that case prove to the contracting authority that it will have at its disposal
the resources necessary, for example, by producing an undertaking by those entities to that
effect. Under the same conditions, a group of economic operators as referred to in
regulation 31 of the Public Contracts Regulations may rely on the capabilities of
participants in the group or of other entities)

The minimum requirements in order for a tender to be deemed compliant in terms of the
Audited Account.
(a) The ‘Consultant’ shall have a gross turnover of services or in directly related fields of
not less than an average of 1 Million Euros per annum estimated for the last three
years immediately prior to the submission of tender. In case of Joint Ventures, the
minimum amount of turnover of 1 Million Euros per annum may be reached jointly

6.1.2 Information about the tenderer's technical capacity.

(An economic operator may, where appropriate and for a particular contract, rely on the

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capacities of other entities, regardless of the legal nature of the links which it has with

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them. It must in that case prove to the contracting authority that it will have at its disposal

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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)

(a)

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This information must follow the form in Volume 1, Section 4 of the tender documents and
include:

The CV’s of each of the key experts (Form 4.8 of Volume 1, Section 4) proposed for
the execution of the contract, together with signed Declarations of Exclusivity and

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Availability (Form 4.8 of Volume 1, Section 4) shall be submitted at the tendering
stage. Each CV must be confined to 3 pages and only one CV should be provided for
each position.

(b)
requested.

Key experts.
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Note that CV’s of non-key experts should not be submitted, except where explicitly

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The key experts are those whose involvement is considered to be instrumental in the
achievement of the contract objectives. The profiles, positions and responsibilities

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of the key experts required for this contract are as follows:

(i)

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Key Expert 1: Team Leader

The Tenderer is to nominate a Team Leader to coordinate the eight tasks

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tender document.

The Team Leader will be expected to liaise with the Contracting Authority at
all times during the execution of all the services offered. The Team Leader

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shall be responsible to allocate everybody’s tasks specifically including the
completion of the EU Cohesion Fund application form inclusive of all
supportive documentation pertaining to this project, formulate documents
and act where and when needed by having a very close watch on the process.
The individual should have adequate seniority and project management
capability and demonstrable experience of managing similar assignments.

Qualifications and skills

Professional Engineer with a minimum of seven (7) years of continuous

professional experience in the waste management sector. Experience in
technical assistance, the EU Cohesion Fund application form and FIDIC or
similar form of contracts are considered an asset. Experience in contract
management, procurement, tender preparation and supervision is a must.

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 The team leader shall also possess:
 Computer literacy (MS office) Skills in the use of CAD;;
 Good verbal and written communication skills (ordinary level,
or equivalent, or higher) in the English language which shall
be supported by certificates issued by an educational
institution.
 Leadership skills supported by experience

General professional experience

5 years experience in contract management, tendering of works and service

contracts related to Municipal waste. Extensive knowledge of EU procurement
procedures will be considered an asset.

Specific professional experience

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The Team Leader is required to possess:
 7 years experience in project management preferably related to
projects for the construction of waste treatment facilities

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Experience and expertise shall be understood as certified main consultant in
at least one (1) successfully completed waste management project and major
involvement in at least one (1) current waste management projects with a
state of completion in excess of 50% preferably subject to EU Directives and
Regulations as shall be certified by past Employers and Clients by means of

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Letters of Reference.

(ii)

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Key Expert 2: Solid Waste Management Specialist/s

The requirement for experience, as set out for Key Expert 2 below, namely in

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solid waste management and animal husbandry waste (manure) may not
necessarily be vested in one person. Two key experts may be nominated for
this role, whereby each one of them must meet the requirements hereby

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being requested under this profile. In the case that two experts are
nominated, the solid waste management specialist must have no less than 7
years of professional experience in the treatment of solid waste management

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whilst the animal husbandry waste specialist must have no less than 7 years
of professional experience in the treatment of animal husbandry waste
(manure). Experience in the treatment of abattoir waste shall not be
considered as relevant.

E N University degree in a discipline relevant to solid waste management which

degree can be in areas such as environmental or civil engineering or an
equivalent field. No less than 7 years of professional experience in the waste
management field with documented experience in animal husbandry waste

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(manure), solid waste management planning and in the preparation of
feasibility studies for solid waste management facilities, is required.

Knowledge of relevant EU Directives within the waste management field

and/or documented experience in preparation of projects for EU grant
financing will be considered an asset. The Expert/s must have the ability to
communicate effectively, both orally and in writing. Good verbal and written
communication skills in the language of the tender is requested. Computer
literacy (MS Office) and proficiency in spoken and written English (ordinary
level or equivalent) are required. The expert/s is/are requested to have at
least 5 years of continuous experience in solid waste management in the
period immediate prior to the submission of this tender document.

Experience and expertise shall be understood as certified major involvement

in at least one (1) successfully completed waste management project and in
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 at least one (1) current waste management projects with a state of
completion in excess of 50% preferably subject to EU Directives and
Regulations, as shall be certified by past Employers and Clients by means of
Letters of Reference. The claimed experience and expertise shall be
specifically related to biological treatment (anaerobic digestion) processes.
Experience/expertise in other technologies shall be considered an asset.

(iii) Key Expert 3: Economist

University degree in Economics followed by a relevant postgraduate degree or

an equivalent qualification/experience. No less than 7 years of experience in
financing and economic analysis and experience with financial modelling and
project appraisal of projects with a similar value of the proposed project
(preferably related to solid waste treatment facilities) for international

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financing institutions.

The expert is requested to have successfully completed at least three (3) Cost

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Benefit Analysis in the 7 years period immediate prior to the submission of

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this tender document, which are to be supported by means of copies of
Completion Certifications by past clients. Computer literacy (MS Office) and
proficiency in spoken and written English (ordinary level) are required. In

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depth knowledge of EU Cohesion Funding and experience with the EU
Cohesion Fund Application Form and relevant EU Directives and Regulations
are also considered a must. Completion of at least two (2) applications for

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EU Cohesion Funding accompanied by references from the clients is required.

It is acceptable to nominate an institution or other legal entity and list the

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individuals who would undertake the services listed under the Economist
requirement. In this case the CV’s relative to the listed individuals are to be
submitted and one of the individuals, nominated as the Primary Economist,

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shall satisfy the requirements set out in the first paragraph under economist
above whilst the listed individuals shall cumulatively satisfy the requirements
set out in the second paragraph of the economist above.

(iv)

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Key Expert 4: Mechanical Engineer

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University degree in Mechanics, or an equivalent qualification in an
Engineering field relevant to waste treatment facilities followed by a relevant
postgraduate degree or an equivalent qualification/experience or proven
expertise in Mechanical Biological Treatment Plants, Anaerobic Digestion

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Plants and preferably Biogas generation. No less than 7 years of experience
in engineering design, testing, acceptance and operational aspects of solid
waste treatment plants.

E N Computer literacy (MS Office) and proficiency in spoken and written English
(ordinary level) are required. The expert is requested to have at least three
(3) years of continuous experience in solid waste management immediately
prior to the submission of this tender document.

T Experience and expertise shall be understood as certified major involvement

in at least one (1) successfully completed waste management project and in
at least one (1) current waste management projects with a state of
completion in excess of 50% preferably subject to EU Directives and
Regulations as shall be certified by past Employers and Clients by means of
Letters of Reference.

(v) Key Expert 5: Environmental Impact Assessment Specialist

The services to be performed for this task will require an interdisciplinary

team. These include, but are not restricted to, suitably qualified and
experienced experts whose skills will need to encompass inter alia EIA, waste
management engineering and processes – particularly biological treatment

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 plants, soil cover, agricultural quality and produce, geology and geotechnical
engineering, hydrology, hydrogeology, transport and traffic assessment, air
quality, water quality, ecology, planning, landscape architecture, topography
and visual assessment environmental risk assessment and economics etc.

An experienced manager (preferably at assessor level [or higher] within the

United Kingdom Institute of Environmental Management and Assessment, or
an equivalent recognised Institution or Organisation) should lead the EIA
team. The individual should have adequate seniority, strong EIA and project
management capability and demonstrable experience of managing similar
assignments. The EIA Manager shall also possess the following:

a. University degree in Environmental Engineering or related

field, preferably followed by a relevant postgraduate qualification or
an equivalent qualification/experience.

b.

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Successfully completed five (5) studies in environmental
impact assessment related to waste management facilities and traffic

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studies in the 10 years prior to the submission of this tender

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document supported by copies of Completion or Acceptance
Certificates by past clients or authorities. Computer literacy (MS
Office) and proficiency in spoken and written English (ordinary level

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or equivalent) are required.

Note: The main contributors proposed by the Consultant to undertake the EIA

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process as well as the various specialist studies should also be described at
tendering stage. Their CVs should be provided with the technical bid and they
are subject to scrutiny and approval by MEPA. If any expert fails to satisfy

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MEPA’s requirements, the Consultant is given one chance to substitute the
respective expert. If the new experts fails to satisfy MEPA’s requirement the
bid will be considered as not compliant in meeting the selection criteria

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hence not considered further.

(vi) Key Expert 6: Architect & Civil Engineer

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The Architect & Civil Engineer should be able to practice the A&CE profession
and to perform the role of an Executive Architect in the Maltese Islands. The

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individual should possess no less than 7 years of experience in procurement
and costing (including preparation of bill of quantities) of civil works for
industrial installations and/or waste management facilities. He should also
possess:

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a. University degree in Structural/Civil Engineering or related
field, followed by a relevant postgraduate qualification or an

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b. Computer literacy (MS Office, MS Project and AutoCAD) and

proficiency in spoken and written English (ordinary level or
equivalent) are required.

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The qualifications of ALL the Key Experts proposed must be in accordance with the
Malta Qualifications Council (http://www.mqc.gov.mt), or its equivalent body in the
respective country of the expert proposed.

Forms 4.9 and 4.10 must be completed by the tenderer, including:

a) a list of the names of the key experts;
b) the CVs of each of the key experts. Each CV must be confined to 3
pages and only one CV should be provided for each position identified in the
Instructions to Tenderers. Note that the CV's of non key experts must not be
submitted.

The qualifications and experience of each key expert must clearly match the profiles
indicated in the Instructions to Tenderers. All key experts must have the nationality

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 of one of the EU Member States, candidate countries or any other country in
accordance with Article 69 of 296/2010. Experts who have been involved in the
preparation of this project are excluded from participating in the tender as key
experts.

(4) The Central Government Authority may request tenderers to provide the
following documents in the case of the key experts proposed:
• a copy of the diplomas mentioned in their CVs,
• a copy of the employers' certificates or references proving the
professional experience indicated in their CVs.

For each key expert, evidence of relevant experience in carrying out services of a

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similar nature, must be specified in the appropriate Form 4.7 of Volume 1, Section
4, including the nature and value, as well as contracts in hand and contractually
committed.

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In so listing the end clients, the tenderer is giving his consent to the Evaluation
Committee, so that the latter may, if it deems necessary, contact the relevant
clients, with a view to obtain from them an opinion on the works provided to them,

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by the tenderer.

(c) Data concerning sub-contractors and the percentage of services to be sub-contracted

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(Form 4.4 of Volume 1, Section 4).

The selected tenderer must intend to carry out the major part of the services itself.

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The total value of the subcontracted services must not exceed 30% of the contract
value. Also the sub-contractor must not sub-contract further.

7.1
7. Only One Tender Per Tenderer

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Submission or participation by a tenderer in more than one tender for a contract will result

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in the disqualification of all those tenders for that contract in which the party is involved.

7.2 A company may not tender for a given contract both individually and as a partner in a joint

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venture/consortium.

7.3 A company may not tender for a given contract both individually/partner in a joint

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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

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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.

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8.1

8.2
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8. Tender Expenses
The tenderer will bear all costs associated with the preparation and submission of the
tender.

The Central Government Authority 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 clarification meeting will be held on the date and time indicated in Clause 2, at St Antnin
Waste Treatment Plant, Marsascala to answer any questions on the tender document which
have been forwarded in writing, or are raised during the same meeting. Minutes will be
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 taken during the meeting, and these (together with any clarifications in response to written
requests which are not addressed during the meeting) shall be posted online as a
clarification note as per Clause 11.2.

No site visit is foreseen.

Meetings/visits by individual prospective tenderers during the tender period other than this
meeting for all prospective tenderers cannot be permitted.

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
Instructions to Tenderers
Draft Contract
 Special Conditions
 General Conditions

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10.2
Volume 3
Volume 4
Terms of Reference including Appendices
Model Financial Bid

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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

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tender documents issued during the tendering period, and for obtaining reliable information
with respect to conditions and obligations that may in any way affect the amount or nature
of the tender or the execution of the works. In the event that the tenderer is successful, no
claim for alteration of the tender amount will be entertained on the grounds of errors or

10.3
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omissions in the obligations of the tenderer described above.

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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

page
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Tenderers may submit questions in writing to the Central Government Authority through:
 sending an email to info.contracts@gov.mt
 online from the Registered Users’ Questions and Answers facility within the tender’s

 through www.contracts.gov.mt/contact-us

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 fax number +356 21247681
up to 16 calendar days before the deadline for submission of tenders. The Central
Government Authority must reply to all tenderers' questions, and amend the tender

11.2 N
documents by publishing clarification notes, up to at least 6 calendar days before the
deadline for submission of tenders.

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Questions and answers, and alterations to the tender document will be published as a
clarification note on the website of the Department of Contracts

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(www.contracts.gov.mt/tenders) within the respective tender’s page, under the subheading
“Preview & Free Tender Documents, and Clarifications”. 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 Central Government Authority 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.
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 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 Central Government Authority must be written in English.

14.2

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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.

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15.1
15. Presentation of Tenders
Tenders must satisfy the following conditions:
(a)

V I
All tenders must be submitted in one original, clearly marked “original”, and one
identical copy (including all documentation as in the original) signed in the same way

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as the original and clearly marked “copy”.
(b) Both documents are to be separately sealed and placed in another sealed
envelope/package so that the bid can be identified as one tender submission.

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Following the tender opening session, the copy shall be kept, unopened, at the
Department of Contracts, for verification purposes only should the need arise.
(c) All tenders must be received by date and time indicated in the timetable at Clause 2

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and deposited in the tender box at the entrance of the Department of Contracts,
Notre Dame Ravelin, Floriana, FRN 1600, Malta.
(d) All tenders, as per (b) above, must bear only:
(i) the above address;
(ii) the reference of the invitation to tender concerned;
(iii)
(iv)
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if applicable, the number of the lot(s) to which the tender refers;
the name of the tenderer.

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16. Content of Tender (Single-Envelope System)

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The tender must comprise the following duly completed documents, inserted in a single,
sealed envelope (unless their volume requires a separate submission:

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(i) An original bid-bond for the amount of € 8,000, in the form provided in
Volume 1, Section 3 (Note 1)

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(b) General/Administrative Information (Note 2)

(i) Tenderer’s Contact Details (Form 4.1 of Volume 1, Section 4)

(ii) Power of Attorney (Form 4.2 of Volume 1, Section 4)
(iii) Data on Joint Venture/Consortium (Form 4.3 of Volume 1, Section 4)
(iv) Statement on Conditions of Employment ( Form 4.5 of Volume 1, Section 4)
(v) Overview of tenderer’s personnel (Form 4.6 of Volume 1, Section 4)

Selection Criteria(Note 2)
(c)
Financial and Economic Standing(Note 2)

(i) Audited Accounts for the last three (3) years if not appearing on the website

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 of the Malta Financial Services Authority (MFSA) by the closing date of this
call for tenders. All documents must be translated in the language of the
tender

(d) Technical Capacity(Note 3)

(i) Key Expert Experience (Form 4.8 of Volume 1, Section 4)

(ii) Personnel (Key Experts) to be employed on contract (Form 4.7 of Volume 1,
Section 4)
(iii) Sub-Contracting (Form 4.4 of Volume 1, Section 4)

Evaluation Criteria/Technical Specifications(Note 3)

(e) (i) Tenderer’s Technical Offer in response to Terms of Reference (Volume 3)

● Organization & Methodology

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● Method Statement
● Strategy
● Rationale

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● Timetable of Activities

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● Resources
(ii) Any other information deemed relevant

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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.

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(Note 3)
Financial Offer

(f) (i) The Tender Form in accordance with the form provided in Volume 1, Section

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2; a separate Tender Form is to be submitted for each option tendered, each
form clearly marked ‘Option 1’, ‘Option 2’ etc.;
(ii) A financial bid in the form provided in Volume 4);

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(iii) [Any other relevant documentation of a financial nature]

Notes to Clause 16.1:

1. Tenderers will be requested to clarify/rectify, within two working days from

notification.

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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

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

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may be requested.

Tenderers are to NOT required NOR expected to submit, with their offer, any

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components of the tender document except those specifically mentioned in Clause 16.

17.1

17.2
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17. Tender Prices

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The tender price must cover the whole of the works as described in the tender documents.

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. 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.

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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 For contracts over €500,000, where VAT is not an eligible cost, and whose output VAT is
liable to be paid in Malta, such VAT will be paid directly to the VAT Department in Malta by
the Final Beneficiary.

17.7 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.

17.8 The budget available for this tender is €725,000 (seven hundred and twenty five thousand
Euros) and an additional fixed contingency amounting to €75,000 (seventy five thousand
Euros) excluding VAT. The contingency sum shall be utilised only in the event of
unforeseeable circumstances arising such that the cost of the services required within the

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scope of this tender are increased, subject to the prior approval of the Contracting
Authority.

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The Financial offer must be presented as an amount in Euro. While a global price must

I
be quoted, however, a detailed breakdown of the cost of all deliverables must be
included in the Financial Offer.

V
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

E
the questionnaire and in other documents must be expressed in Euro (€), with the possible
exception of originals of bank and annual financial statements.

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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

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All correspondence relating to payments, including invoices and interim and final
statements, must be submitted as outlined in the contract.

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19. Period of Validity of Tenders
19.1 Tenders must remain valid up to 11th February 2011 or as modified in accordance with

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Clauses 11.3 and/or 24. Any tenderer who quotes a shorter validity period will be rejected.

19.2 In exceptional circumstances the Central Government Authority may request that tenderers

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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

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for award. If the tenderer decides to accede to the extension, he may not modify his tender.
He is, however, bound to extend the validity of his tender guarantee for the revised period
of validity of the tender.

19.3

20.1 T E
The successful tenderer must maintain his tender for a further 60 days from the date of
notification of award.

20. Tender Guarantee (Bid Bond)

The tender guarantee is set at €8,000 (eight thousand Euro) and must be an original and
valid guarantee presented in the form specified in Section 3. The guarantee must be issued
by a local Maltese Bank or a Financial Institution licensed by a recognized Financial Regulator
in the country where the company is located and who assumes responsibility for claims and
payments to the amount as stated above. It must remain valid up to and including the 11th
February 2011. The tender guarantee must be drawn up in the name of the Director General
of the Department of Contracts, Notre Dame Ravelin, Floriana, FRN 1600, Malta.

The tender guarantee (bid bond) is intended as a pledge that the tenderer will not retract
his offer up to the expiry date of the guarantee and, if successful, that he will enter into a
contract with the Director General of Contracts on the terms and conditions stated in the
tender document.
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 Hence, the guarantee shall be forfeited if the tenderer withdraws his tender before the
above-mentioned validity date or if the tenderer fails to provide the Performance
Guarantee.

Tender guarantees 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.

Offers that are not accompanied with the mandatory Tender Guarantee (Bid Bond) by the
Closing Date and Time of the tender will be automatically disqualified.

Tenderers will be requested to clarify/rectify, within two working days from notification,
the tender guarantee submitted, only in the following two circumstances: either

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incorrect validity date, and/or incorrect value. Such rectification/s must be submitted
within two (2) working days, and will be subject to a non-refundable administrative
penalty of €50. Failure to comply shall result in the tender offer not being considered

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any further.

21.1
21. Variant Solutions

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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

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22.1

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All tenders must be submitted in one original, clearly marked “original”, and one identical
copy (including all documentation as in the original) signed in the same way as the original

22.2
above.

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and clearly marked “copy”. Tenders must comprise the documents specified in Clause 16

It is the responsibility of the tenderers to ensure that both the original and the copy are an
identical representation of one another.

The tenderer’s submission must be typed in, or handwritten in indelible ink and signed by a

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person or persons empowered by the power of attorney submitted in accordance with Form
4.2 of Volume 1, Section 4 of the tender document. Any pages on which entries or
corrections to his submission have been made must be initialled by the person or persons

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signing the tender. All pages must be numbered consecutively by hand, machine or in any
other way acceptable to the Central Government Authority.

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22.3 The tender must contain no changes or alterations, other than those made in accordance
with instructions issued by the Central Government Authority (issued as clarification notes)
or necessitated by errors on the part of the tenderer. In the latter case, corrections must be

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initialled by the person signing the tender.

22.4 The tender will be rejected if it contains any alteration, tampering, addition or deletion to

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the tender documents not specified in a clarification note issued by the Central Government
Authority.

23.1
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D. SUBMISSION OF TENDERS
23. Sealing and Marking of Tenders
The tenders must be submitted in English and received 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:

Department of Contracts,
Notre Dame Ravelin,
Floriana, FRN 1600
Malta

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 Tenders submitted by any other means will not be considered.

23.2 Tenderers must seal the original and the copy of their tender as outlined in Clause 15.

23.3 If the outer envelope is not sealed and marked as required in Sub clause 14.1.3, the Central
Government Authority will assume no responsibility for the misplacement or premature
opening of the tender.

24. Extension of Deadline for Submission of Tenders

24.1 The Central Government Authority 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 Central Government Authority and the tenderer
regarding the original date specified in the contract notice will be subject to the new date.

25.1
25. Late Tenders

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All tenders received after the deadline for submission specified in the contract notice or

25.2

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these instructions will be kept by the Central Government Authority. The associated
guarantees will be returned to the tenderers.

No liability can be accepted for late delivery of tenders. Late tenders will be rejected and
will not be evaluated.

26.1
26. Alterations and Withdrawal of Tenders

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Tenderers may alter or withdraw their tenders by written notification prior to the above

26.2
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deadline. No tender may be altered after the deadline for submission.

Any notification of alteration or withdrawal must be prepared, sealed, marked and submitted

P
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

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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
D
Tenders will be opened in 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

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Department of Contracts, Notre Dame Ravelin, Floriana, FRN 1600, Malta by the General
Contracts Committee. They will draw up a ‘Summary of Tenders Received’ which will be
published on the notice board at the Department of Contracts and shall also be available

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to view on the Department’s website, www.contracts.gov.mt/tenders.

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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 Central Government Authority 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.

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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/Central
Government Authority 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 General 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

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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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30.1

30.2
30. Tender Evaluation Process
The following should be read in conjunction with Clause 27.

Part 1: Administrative Compliance

V I
E
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.

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The Evaluation Committee shall, after having obtained approval by the General Contracts
Committee, request rectifications in respect of incomplete/non-submitted information

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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

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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

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Part 2: Eligibility and Selection Compliance

D
Tenders which have been considered administratively compliant shall be evaluated for
admissibility as outlined below:

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(i) Eligibility Criteria

 Tender Form (Volume 1, Section 2)

30.4 T 

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(ii) Selection Criteria

Evidence of financial and economic standing (sub-Clause 6.1.1)

Evidence of technical capacity (sub-Clause 6.1.2)

Part 3: Technical Compliance

At this step of the evaluation process, the Evaluation Committee will analyse the
administratively-compliant tenders’ technical conformity in relation to the technical
specifications (Volume 3, and the documentation requested by the Contracting Authority as
per sub-Clause 16(e)), and evaluation Grid classifying them technically compliant or non-
compliant.

All offers for this tender shall be assessed and adjudicated through a three–stage process.
Offers will first be assessed to ascertain that they satisfy the Administrative Requirements,
before being considered further for the second stage. In the second stage the Technical Offer
will be adjudicated using the Evaluation Grid and offers must pass with at least an average
Page 18
 technical score of 15% or more of the maximum possible score to be considered for the final
stage which is the Financial Evaluation
The Evaluation Committee will technically evaluate and compare only those Tenders
considered admissible Administratively.

The quality of each technical offer will be evaluated in accordance with the award criteria,
in order of priority as detailed in the evaluation grid. The evaluation grid does not contain
any scorings, since the technical evaluation will be assessed by means of the “Pairwise
Comparison Method”, the technical evaluations shall be performed as determined by this
method. The comparison in pairs of the acceptable technical offers is carried out by
assigning a score of between 1 and 6 (6 being the highest on a preference scale continuum)
and the tenders are evaluated in pairs of matrices. The individual score for each Tenderer is
determined by adding the respective scores assigned by each evaluator.

No other award criteria will be used. The award criteria will be examined in accordance with
the requirements as indicated in the Terms of Reference.

The technical score of each tender is given by the following formula:

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I
n
d
i
v
i
d
u
a
l
I
S
c
o
r
e S
H
i
g
h
e
s
t
I
n
d
i
v
i
d
u
a
l
c
o
r
e
calculated as follows:

E V
In order to pass for the Financial Evaluation, the Technical Offer must obtain a technical
score of 15% or more of the maximum possible score. The maximum possible score being

[{No of Admissible Bids – 1} x 6] x [No of evaluators]

30.5 Part 4. Financial Evaluation

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The evaluation of the technical offers will follow the procedures set out in the
Public Procurement Regulations of 2010 (L.N. 296/2010)

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The financial offers for tenders which were not eliminated during the technical evaluation
(i.e., which have achieved an average technical score of 15% or more of the maximum
possible score) will be evaluated.

E
In the case where unit-prices are quoted, any arithmetical errors are corrected without
prejudice to the tenderer such that, where there is a discrepancy between a unit rate and

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the total amount derived from the multiplication of the unit rate by the corresponding
number of units, the unit rate as quoted shall prevail, unless in the opinion of the Evaluation
Committee there is an obvious error in the unit rate, in which event the total amount as

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quoted shall prevail and the unit rate shall be corrected. The tenderer concerned will be
notified of such proposed correction and given the opportunity to approve the correction of
the error.

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The financial evaluation will also be assessed by means of the “Pairwise Comparison Method”,
by using the following formula:

T
I
n
d
i
v
i
d
u
a
l
A
b
a
t
e
m
e
n
t
M
a
x
i
m
u
m
A
b
a
t
e
m
e
n
t

where: Individual Abatement is the difference between tender budget and tendered
price;
Maximum Abatement is the difference between tender budget and cheapest
compliant tendered price

31. Correction of Arithmetical Errors

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31.1 Admissible tenders will be checked for arithmetical errors by the Evaluation Committee.
Errors will be corrected as follows:
(a) where there is a discrepancy between amounts in figures and in words, the amount in
words will prevail;
(b) where there is a discrepancy between a unit price and the total amount derived from
the multiplication of the unit price and the quantity, the unit price as quoted will
prevail.
31.2 The amount stated in the tender will be adjusted by the Evaluation Committee in the event
of error, and the tenderer will be bound by that adjusted amount. In this regard, the
Evaluation Committee shall seek the prior approval of the General Contracts Committee to
communicate the revised price to the tenderer. If the tenderer does not accept the
adjustment, his tender will be rejected and his tender guarantee forfeited.

31.3 When analysing the tender, the evaluation committee will determine the final tender price
after adjusting it on the basis of Clause 31.1.

F. CONTRACT AWARD

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32. Criteria for Award
32.1 The quality of each technical offer will be evaluated in accordance with the ‘Pairwise

V
Comparison Method’. No other award criteria will be used. The award criteria will be
examined in accordance with the requirements as indicated in the Technical Specifications,
Organisation and methodology and evaluation grid

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The Most Economically Advantageous Tender (MEAT) is established by weighing technical
quality against price on a 70/30 basis respectively. This is done by multiplying:



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the technical scores awarded to the offers by 0.70
the financial scores awarded to the offers by 0.30

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33. Right of the Central Government Authority to accept or reject any
Tender

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33.1 The Central Government Authority reserves the right to accept or reject any tender and/or to
cancel the whole tender procedure and reject all tenders. The Central Government Authority
reserves the right to initiate a new invitation to tender.

33.2

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In the event of a tender procedure's cancellation, tenderers will be notified by the Central
Government Authority. If the tender procedure is cancelled before the outer envelope of any

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tender has been opened, the sealed envelopes will be returned, unopened, to the tenderers.

33.3 Cancellation may occur where:

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(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

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altered;
(c) exceptional circumstances or force majeure render normal performance of the
project impossible;

T (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 Central Government Authority 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 Central Government Authority has been advised of
the possibility of damages. The publication of a contract notice does not commit the
Central Government Authority 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 Central Government Authority
will notify the successful tenderer, in writing, that his tender has been recommended for
award by the General Contracts Committee, pending any appeal being lodged in terms of Part
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 XIII of the Public Contracts 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 score obtained by the unsuccessful bidder, and the score of the successful bidder;
(v) the deadline for filing a notice of objection (appeal);
(vi) the deposit required if lodging an appeal.

34.3 The recommendations of the General Contracts Committee shall be published on the Notice
Board of the Department of Contracts, and published online on the Department’s website,
www.contracts.gov.mt/gcc.

35.1
35. Contract Signing and Performance Guarantee
After the lapse of the appeals period, and pending that no objections have been received

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and/or upheld, the successful tenderer may be invited to clarify certain contractual questions

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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

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contract.

35.2 Within 15 calendar days of receiving the contract (against acknowledgment of receipt) from

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the Central Government Authority, the successful tenderer will sign and date the contract
and return it to the Central Government Authority with the performance guarantee and the
Financial Identification Form (if applicable). On signing of the contract by the Central

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Government Authority, the successful tenderer will become the Contractor and the contract
will enter into force.

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35.3 Before the Contracting Authority signs the contract with 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

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by every member of a Joint Venture/Consortium (if applicable).

35.4 If the selected tenderer fails to sign and return the contract, other required documentation,

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and any guarantees required within the prescribed 15 calendar days, the Central Government
Authority may consider the acceptance of the tender to be cancelled without prejudice to
the Central Government Authority's right to seize the guarantee, claim compensation or

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pursue any other remedy in respect of such failure, and the successful tenderer will have no
claim whatsoever on the Central Government Authority.

The tenderer whose tender has been evaluated as second most economically advantageous

35.5
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may be recommended for award, and so on and so forth.

Only the signed contract will constitute an official commitment on the part of the Central

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Government Authority, and activities may not begin until the contract has been signed by the
Central Government Authority and the successful tenderer.

35.6

35.7
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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.

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 Services

36.1 Following the signing of the contract by both parties, the Project Manager will issue a written
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 notice of commencement of the services in accordance with the General Conditions, as
specified by the Special Conditions.

36.2 The Contractor must inform the Central Government Authority'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 Central Government
Authority during the process of examining, clarifying, evaluating and comparing tenders will
lead to the rejection of his candidacy or tender and may result in administrative penalties.

37.2
his staff or any other company with which the Contractor is associated or linked may not,

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Without the Central Government Authority's prior written authorisation, the Contractor and

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

37.3

V I
that could, owing to the nature of the contract, give rise to a conflict of interest on the part
of the Contractor.

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

E
tenderers or parties involved in the project.

37.4 The Contractor must at all times 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

37.5

P R
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.

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

37.7 R
for therein. The Contractor and his staff must not exercise any activity or receive any
advantage inconsistent with their obligations to the Contracting Authority.

E
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

D
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

N
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 Central Government

E
Authority may, regardless of injury, terminate the contract without further notice and
without the Contractor having any claim to compensation.

37.10

T
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 Central
Government Authority/Contracting Authority without prejudice to possible transmission to
Page 22
 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 Central
Government Authority in terms of the Freedom of Information Act (Cap. 496 of the Laws of
Malta). The Central Government Authority, 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 Central Government Authority 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

are to ensure that these principles are manifested in the organigram of the company where

E W
discriminating on the grounds of gender, marital status or family responsibilities. Tenderers

the principles aforementioned, including the selection criteria for access to all jobs or posts,

I
at all levels of the occupation hierarchy are amply proven. In this document words importing
one gender shall also include the other gender.

E V
P R
E R
D
E N
T

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 VOLUME 1 SECTION 2 – TENDER FORM
(A separate, distinct Tender Form must be submitted for EACH OPTION – if applicable - submitted)

Place and Date: ................................................

Publication reference: CT 3060/2010

Department of Contracts
Notre Dame Ravelin
Floriana FRN 1600

CT 3060/2010 Tender for the Engineering, Procurement and Construction Management Consultancy
Services for the design, EIA, contracting and managing a project for the construction and operation of a

W
Biological Treatment Plant in Gozo.

A TENDER SUBMITTED BY

Leader
Name(s) of tenderer(s)

I
Nationality
E
Partner 2*

E V
Etc … *

P R
R
* 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)

B CONTACT PERSON (for this tender)

E
Name

D
N
Address

Telephone (____) __________________________

T E Mobile

Fax
(____) __________________________

E-mail

Page 24
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 Central Government Authority) for invitation to tender No
[_________/_______] of [……/……/……]. 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 provide, in accordance with the terms of the tender document and the conditions and time
limits laid down, without reserve or restriction, the following services:

Engineering, Procurement and Construction Management Consultancy Services for the design, EIA,
contracting and managing a project for the construction and operation of a Biological Treatment
Plant in Gozo.

E W
3

Task 1 – Establish Planning Framework

Task 2 – Feasibility Study

[€ ………………..]

[€ ………………..]
I
The price per task of our tender (inclusive of VAT, duties, other taxes and any discounts) is:

V
Task 3 – Cost Benefit Analysis

E
[€ ………………..]

R
Task 4 – Project Implementation Plans and Documents [€ ………………..]

Task 5 – Full Environmental Impact Assessment/Statement [€ ………………..]

Task 6 – Cohesion Fund Application

Task 7 – Tendering and Procurement P [€ ………………..]

[€ ………………..]

Task 8 – Project Management and Supervision

Fixed Contingency

E R [€ ………………..]

€ 75,000

The total price of our tender (inclusive of duties, VAT, other taxes and any discounts) is:

4
[……………………………………………………………………]

D
This tender is valid up to 11th February 2011.

6
E N
If our tender is accepted, we undertake to provide a performance guarantee of 10% of the contract value
as required by the General Conditions.

We are making this application in our own right and [as partner in the consortium led by < name of the

T
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.

Page 25
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 Central Government Authority 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

W
Communities.
11 Our tender submission has been made in conformity with the Instructions to Tenderers, and in this
respect we confirm having included the following documentation:

(a) Tender Guarantee (Note 1)

o Bid Bond
I E
(b) General Information (Note 2)
o Contact Details
o Data on Joint Venture/Consortium
o Power of Attorney
E V
R
o Statement on Conditions of Employment
o Overview of tenderer’s personnel

(c)
Selection Criteria (Note 2)
Financial and Economic Standing (Note 2)
P
o Audited Accounts for the last three (3) years if not appearing on the website

R
of the Malta Financial Services Authority (MFSA) by the closing date of this
call for tenders. All documents must be translated in the language of the
tender

E
(d) Technical Capacity (Note 3)
● Key Expert Experience
● Key Experts/Personnel to be employed on contract
● Sub-Contracting

D
N
(e) Evaluation Criteria/Technical Specifications (Note 3)
● Tenderer’s Technical Offer
● Organization & Methodology

(f) T E ● Method Statement

● Strategy
● Rationale
● Timetable of Activities
● Resources

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 ●

Page 26
12 I acknowledge that the Central Government Authority 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 Central Government Authority 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: _________________________________________

E W
Signature of tenderer:

Duly authorised to sign this

tender on behalf of:
_________________________________________

_________________________________________

V I
Company/Lead Partner VAT No:
(if applicable)
_________________________________________

E
Stamp of the firm/company: P R
_________________________________________

Place and date:

R
_________________________________________

E
D
E N
T

Page 27
 VOLUME 1 SECTION 3 – TENDER GUARANTEE FORM

[On the headed notepaper of the financial institutions providing the guarantee]

Whereas the Director of Contracts has invited tenders for the Engineering, Procurement and Construction
Management Consultancy Services for the design, EIA, contracting and managing a project for the
construction and operation of a Biological Treatment Plant in Gozo and whereas Messrs
.................................................................................... [Name of tenderer] (hereinafter referred
to as the Tenderer) is submitting such a tender in accordance with such invitation, we

W
................................................... [Name of Bank], hereby guarantee to pay you on your first demand in
writing a maximum sum of ................................................................. Euro (€...............) in case the

E
I
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.

such demand is justified.

E V
The guarantee becomes payable on your first demand and it shall not be incumbent upon us to verify whether

R
This guarantee is valid up to 11th February 2011 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

P
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

R
being no longer required.

E
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

D
shall terminate.

N
Yours faithfully,

Bank Manager

T E
..................................

..................................
Date

Page 28
 VOLUME 1 SECTION 4 - QUESTIONNAIRE

[The present questionnaire serves to describe the qualifications of a tenderer. The Contracting Authority has to set
out in the tender documents any minimum qualifications required for the award of the contract. In the restricted
procedure, the same forms can be used (substituting ‘candidate’ for ‘tenderer’ for describing the qualifications of
candidates.]

Notes to Tenders

1. All questions contained in the forms must be answered by the tenderer.

E W
2. Additional sheets may be attached as necessary.

V I
3. If a question does not apply to the tenderer, "not applicable" should be entered alongside with a brief
explanation of why.

E
4. Every single page of each form must be numbered consecutively in the bottom right-hand corner.

5. Financial data and declarations presented by the tenderer must be given in Euro. Original bank

R
statements may be also attached for reference.

6. Attached documentation/certificates must always be accompanied by a relevant translation in the

P
language of the procedure.

7. Each partner in a joint venture/consortium must fill in and submit every form.

R
8. The person signing this questionnaire guarantees the truthfulness and accuracy of all the statements
made.

E
9. The accuracy of the answers to the questionnaire, their completeness and the attached documentation
will be taken into account in the tender evaluation. Please refer to Clause 1.1 of the Instructions to
Tenderers.

D
E N
T

Page 29
 Form 4.1 –Tenderer’s Contact Details

Name of Tenderer/Joint
Venture/Consortium ......................................................................

......................................................................

Address
......................................................................

......................................................................

W
Manufacturer
......................................................................

E
Country of Origin

I
......................................................................

VAT Registration Number

V
(if applicable) ......................................................................

E
Name of Contact Person
......................................................................

R
I.D. / Passport Number
......................................................................

P
R
Signature ......................................................................

E
Date ......................................................................

D
E N
T

Page 30
 Form 4.2 - Power of Attorney

Please attach here the power of attorney empowering the signatory of the tender and all related
documentation.

E W
V I
E
P R
Signature:

E R
....................................................................
(the person or persons authorised to sign on behalf of the tenderer)

D
N
Date: ....................................................................

T E

Page 31
 Form 4.3 - Data on Joint Venture/Consortium (Where applicable)

4.4.1 Name
.....................................................................

4.4.2 Managing Board’s Contact Details Address: ..........................................................

...........................................................

Telephone: ........................ Fax: ........................

Email: .............................................................

4.4.3 Agency in the state of the

Contracting Authority, if any
(in the case of a Joint
Venture/Consortium with a
Address: ..........................................................

E W
...........................................................

4.4.4
foreign lead partner)

Names of Partners
V I
Telephone: ........................ Fax: ........................

Email: .............................................................

(i)

(ii)
E
.......................................................

.......................................................

4.4.5 Name of Lead Partner

(iii)

(iv) R
.......................................................

P
.......................................................

R
........................................................

E
4.4.6 Agreement governing the formation of the Joint Venture/Consortium
(Enclose Joint Venture/ Consortium Agreement)
Place of Signature: Date of Signature:

D
.................................................. ...................................................

4.4.7

E N
Proposed proportion of responsibilities between partners (in %) with indication of the type of the
works to be performed by each*
* 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

T
............................................. - .....%

............................................. - .....%
............................................. - .....%

............................................. - .....%

Signature: .............................................................
(the person or persons authorised to sign on behalf of the tenderer)

Date: .............................................................

Page 32
 Form 4.4 – Sub-Contracting

If the tenderer plans to sub-contract part of the works, he must provide the following details:

Service/s intended to be Name and details of Value of sub-contracting Experience in similar

sub-contracted sub-contractors as percentage of the services (details to be
total cost specified)

E W
V I
E
P R
E R
D
Signature: .............................................................
(the person or persons authorised to sign on behalf of the tenderer)

Date:
N
.............................................................

E
T

Page 33
 Form 4.5 - Statement on Conditions of Employment

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.

E W
Signature: .............................................................
(the person or persons authorised to sign on behalf of the tenderer)

V I
Date: .............................................................

E
P R
E R
D
E N
T

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 Form 4.6 - Overview of Tenderer’s Personnel

Description Number

A Managerial
 Director/s and Management

B Administrative

C
 Administrative Staff

Key Experts

E W



Project Manager/s
Engineers
Surveyors

V I
E
 Architects
 Lecturers

D Other Experts



Researchers
Foremen
Mechanics P R
TOTAL


Technicians
Other Skilled Staff

E R
D
N
Signature: ....................................................................
(the person or persons authorised to sign on behalf of the tenderer)

Date:

T E
....................................................................

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 Form 4.7 – KEY EXPERT Experience form sheet – to be filled for EACH key expert

List of contracts of similar nature and extent performed during the past years as requested in Volume 1 Part
A, Section 6.1.2 :

Name of KEY Description of Total Value of Period of Execution Client*/

EXPERT Services Services

W
Contracting
Authority*

E
V I
E
P R
E R
D
E N
Signature:

T
....................................................................
(the person or persons authorised to sign on behalf of the tenderer)

Date: ....................................................................

Page 36
 Form 4.8 - Key Experts

Availability (specimen as per Form 4.10.1) during the evaluation stage.

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CVs of Key Experts have to be presented with the tender bid. Key Experts shall also be requested to submit a filled-in Statement of Exclusivity and

Name of Expert Proposed Position Nationality Age University

degree
Postgraduate
degree (if
applicable)
Specialist
Area of
Knowledge
I
Years of
Experience

V
Languages and
Degree of Fluency
(VG; G; W)

E
P R
E R
Signature: ....................................................................
(the person or persons authorised to sign on behalf of the tenderer)
D
Date: ....................................................................

E N
T Page 37
 Form 4.9 – Statement on Exclusivity and Availability

TO BE COMPLETED BY EACH INDIVIDUAL KEY EXPERT

PUBLICATION REF: ____________________

I, the undersigned, hereby declare that I agree to participate exclusively with the tenderer

............................................................................................................. [name of tenderer]

in the above-mentioned service tender procedure. I further declare that I am able and willing to work for the

W
period(s) foreseen for the position for which my CV has been included in the event that this tender is
successful, namely:

E
From To

........................................
< start of period 1 >

V I
........................................
< end of period 1 >

........................................

E
........................................

R
< start of period 2 > < end of period 2 >

P
< etc > < etc >

I confirm that I am not engaged in another project in a position for which my services are required during the

R
above periods.
By making this declaration, I understand that I am not allowed to present myself as a candidate to any other
tenderer submitting a tender to this tender procedure. I am fully aware that if I do so, I will be excluded

E
from this tender procedure, the tenders may be rejected, and I may also be subject to exclusion from other
tender procedures and contracts.

D
Furthermore, should this tender be successful, I am fully aware that if I am not available at the expected
start date of my services for reasons other than ill-health or force majeure, I may be subject to exclusion
from other tender procedures and contracts and that the notification of award of contract to the tenderer
may be rendered null and void.

Name of Key Expert:

Signature:
E N
....................................................................

....................................................................

Date:

T ....................................................................

Page 38
 Form 4.10 – Further Information

Tenderers may add here any further information that they deem useful for determining their qualifications or
for the evaluation of their tenders.

E W
V I
E
P R
E R
D
E N
T

Page 39
 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 written or oral instruction or order issued by the Project Manager to the
Contractor regarding the execution of the services.

Beneficiary Country: The Maltese Islands.

lump-sum contract.

E W
Breakdown of the overall price: A heading-by-heading list of the rates and costs making up the price for a

I
Budget Breakdown: In a fee-based contract, the schedule which breaks down the contract value, stating out
the fee rates and the provision for incidental expenses.

V
Cash Flow Forecast: The Contractor’s estimate of the cash flows arising directly from the execution of a
fee-based contract.

E
Central Government Authority: means the Department of Contracts.

Commission: The European Commission.

R
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

P
interests of the Central Government Authority and the Contracting Authority. Any consideration relating to
possible contracts in the future or conflict with other commitments, past or present, of a candidate,
tenderer or supplier, or any conflict with his own interests. These restrictions also apply to sub-contractors
and employees of the candidate, tenderer or supplier.

E R
Contract: The signed agreement entered into by the parties for the performance of the services, including
all attachments thereto and all documents incorporated therein.

Contract Value: The total value of the contract to be paid by the Contracting Authority in terms of the
agreed terms and conditions.

D
Contracting Authority: means the final beneficiary of the contract.

Contractor: The party which contracts to perform the services.

Day: Calendar day.

E N
Drawings: Drawings provided by the Contracting Authority, and/or drawings provided by the Contractor and
approved by the Project Manager, for the carrying out of the services.

T
EC: The European Community.

EU: The European Union.

Evaluation Committee: a committee made up of an odd number of voting members (at least three)
appointed by the Central Government Authority and possessing the technical, linguistic and administrative
capacities necessary to give an informed opinion on tenders.

Fee-Based Contract: A contract under which the services are provided on the basis of fixed fee rates for
each day/hour worked by experts/service provider.

Final Beneficiary: The Department/Entity or other government body on whose behalf the Department of
Contracts has issued this tender.

Page 40
Foreign currency: Any currency permissible under the applicable provisions and regulations other than the
Euro, which has been indicated in the tender.

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.

Global Price Contract: A contract under which the services are performed for an all-inclusive fixed price.

In writing: This includes any hand-written, typed or printed communication, including fax transmissions and
electronic mail (e-mail).

W
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 Project Manager which modifies the works.

Month: Calendar month.

I E
National currency: The currency of the country of the Contracting Authority.

E V
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.

R
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.

P
Project: The project in relation to which the services are to be provided under the contract.

Project Leader: The natural or legal person responsible for monitoring the implementation of the contract
on behalf of the Contracting Authority.

E R
Public Service: Government Ministries and Departments.

Services: Activities to be performed by the Contractor under the contract such as technical assistance,
studies, training and designs.

D
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.

N
Tender document/s: The dossier compiled by the Contracting Authority and containing all the documents
needed to prepare and submit a tender.

E
Tender price: The sum stated by the tenderer in his tender for carrying out the contract.

T
Terms of Reference: The document in Volume 3, Section 1, drawn up by the Contracting Authority giving the
definition of its requirements and/or the objectives in respect of the provision of services, specifying, where
relevant, the methods and resources to be used by the Contractor and/or the results to be achieved by it.

Time Limits: Those periods in the contract which shall begin to run from the day following the act or event
which serves as the starting point for those periods. Should the last day of the period fall upon a non-working
day, the period shall expire at the end of the first working day following the last day of the period.

Written communications: Certificates, notices, orders and instructions issued in writing under the contract.

Page 41
 VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC CONTRACTS
REGULATIONS

Part XIII - Appeals

The procedure for the submission of appeals is stipulated in Part XIII of the Public Procurement
Regulations (Legal Notice 296/2010), reproduced hereunder for ease of reference.

Any tenderer or candidate concerned, or any person, having or having had an interest or who has been
harmed or risks being harmed by an alleged infringement or by any decision taken including a proposed
award in obtaining a contract or a cancellation of a call for tender, may file a notice of objection with
the Review Board.

The notice shall be filed within ten calendar days following the date on which the contracting
authority has by fax or other electronic means sent its proposed award decision.
The communication to each tenderer of the proposed award shall be accompanied by a summary of the

E W
relevant reasons relating to the rejection of the tender as set out in regulation 44(3), and by a precise
statement of the exact standstill period.

V I
The notice of objection shall only be valid if accompanied by a deposit equivalent to one per cent of
the estimated value of the tender submitted by the tenderer, provided that in no case shall the
deposit be less than one thousand and two hundred euro (€1,200) or more than fifty-eight thousand
euro (€58,000). The Secretary of the Review Board shall immediately notify the Director that an

E
objection had been filed with his authority thereby immediately suspending the award procedure. The
Department of Contracts or the contracting authority involved, as the case may be, shall be precluded
from concluding the contract during the period of ten calendar days allowed for the submission of

which such complaints may be filed shall be the following:

(a)
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appeals. The award process shall be completely suspended if an appeal is eventually submitted.

The procedure to be followed in submitting and determining complaints as well as the conditions under

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any decision by the General Contracts Committee (or a Special Contracts Committee) and by a
contracting authority, shall be made public at the Department of Contracts or at the office of
the contracting authority prior to the award of the contract;

(b)

(c)

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the notice of objection duly filed in accordance with sub-regulation (1) shall be made public by
the Review Board not later than the next working day following its filing;

within three working days of the publication of the replies the Secretary of the Review Board
shall prepare a report (the Analysis Report) analysing the letter of objection. This report shall

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be circulated to the persons who file an objection and interested parties. After the
preparatory process is duly completed, the Head of the contracting authority shall forward to
the Chairman of the Review Board all documentation pertaining to the call for tenders in

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question including files, tenders submitted, copies of deposit receipts, any motivated letter,
who shall then proceed as stipulated in Part XIV;

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(d) the Director or the Head of the contracting authority shall publish a copy of the decision of
the Review Board at his department or at the premises of the relevant contracting authority,
as the case may be.

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Copies of the decision shall be forwarded by the Secretary of the Board to the complaining tenderer,
any persons who had registered or had an implied interest, the Director of Contracts and to the
contracting authority concerned.

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 VOLUME 2

VOLUME 2 SECTION 1 – DRAFT CONTRACT FORM

Financed by: ................................................. [Specify Source of Financing]

Project: ................................................. [Title and Number]
Contract Number: ................................................. [Contract Number]

This contract is concluded between:

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Department of Contracts
Notre Dame Ravelin
Floriana FRN 1600

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Malta

[Name of Contractor]
[Address]
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(hereinafter called “The Central Government Authority”) on behalf of [name of Contracting Authority and
address] on the one part, and

(hereinafter called “The Contractor”) on the other part,

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Whereas the Central Government Authority is desirous that certain services should be executed by the
Contractor, viz.:

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Engineering, Procurement and Construction Management Consultancy Services for the design, EIA,
contracting and managing a project for the construction and operation of a Biological Treatment Plant in
Gozo.

and has accepted a tender by the Contractor for the execution and completion of such services and the remedying
of any defects therein.

It is hereby agreed as follows:

1.
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In this contract words and expressions shall have the meanings assigned to them in the contractual
conditions set out below.

2.

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The following documents shall be deemed to form and be read and construed as part of this contract, in
the following order of precedence:

(a) this Contract,

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(b) the Special Conditions,
(c) the General Conditions,
(d) the Terms of Reference and Appendices,

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(e) the Contractor’s technical offer (Organization & Methodology) including any clarifications
(f) the Financial Offer (after arithmetical corrections)/breakdown,
(g) the Tender Form,
(h) any other documents forming part of the contract.

Addenda shall have the order of precedence of the document they are modifying.

3. In consideration of the payments to be made by the Contracting Authority to the Contractor as hereinafter
mentioned, the Contractor undertakes to execute and complete the works and remedy defects therein in
full compliance with the provisions of the contract.

Page 43
4. The Contracting Authority hereby agrees to pay the Contractor in consideration of the execution and
completion of the works and remedying of defects therein the amount of:

 Contract price inclusive of VAT/other taxes): €.....................................

 Contract price in words:................................................................. Euro

or such other sum as may become payable under the provisions of the contract at the times and in the
manner prescribed by the contract. VAT shall be paid in compliance with National Law (in particular the
VAT Act 1998, the Act No X of 2003 and relevant Legal Notices).

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5. The Contractor hereby agrees to submit a performance guarantee amounting to € …………. equivalent to 10%
of the contract value together with the signed contract.

6. In witness whereof the parties hereto have signed the contract. This contract shall take effect on the date
on which it is signed by the last party.

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Done in English in three originals: one for the Central Government Authority, one for the Contracting Authority, and
one for the Contractor.

Central Government Authority: Contractor:

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Signed by:

...........................................................

In the capacity of:

Signed by:

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...........................................................

In the capacity of:

Being fully authorized by and acting on behalf of

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...........................................................

...........................................................
...........................................................

Being fully authorized by and acting on behalf of

...........................................................

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Date: .................................................... Date: ....................................................

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 VOLUME 2 SECTION 2 – GENERAL CONDITIONS

The full set of General Conditions for Services Contracts (Version 1.02 dated 2 June 2010)
can be viewed/downloaded from:

www.contracts.gov.mt/conditions

It is hereby construed that the tenderers have availed themselves of these general
conditions, and have read and accepted in full and without reservation the conditions

may have.

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outlined therein, and are therefore waiving any standard terms and conditions which they

the successful tenderer/s.

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These general conditions will form an integral part of the contract that will be signed with

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 VOLUME 2 SECTION 3 – SPECIAL CONDITIONS

These conditions amplify and supplement, if necessary, the General Conditions governing the
contract. Unless the Special Conditions provide otherwise, those General Conditions remain fully
applicable. The numbering of the Articles of the Special Conditions is not consecutive but follows
the numbering of the Articles of the General Conditions. Other Special Conditions should be
indicated afterwards.

Article 1: Definitions and Conventions

The following is added to sub-article 1.3:

1.3 The definition of Project Manager as defined in Volume 1, Section 5 - Glossary is being deleted and
replaced by the following:

contract on behalf of the Contracting Authority.

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This definition is applicable to the Special Conditions and the General Conditions for Service
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Project Leader: the natural or legal person responsible for monitoring the implementation of the

attributed to it as detailed in Volume 3 - Terms of Reference and Appendices.

Article 2: Notices and Written Communications

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Contracts(Version 1.01 of 24 March 2010). The term Project Manager shall retain the meaning

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2.2 Any written communication relating to this Contract between the Contracting Authority, the Central
Government Authority and the Contractor must state the Contract title and identification number, and
must be sent by post, fax, e-mail or by hand to the addresses identified in accordance with Article 20.7
of the General Conditions.

7.8
Article 7: Obligations of the Contractor

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The performance guarantee is set at 10% of the contract value which will be held against payment to
the Central Government Authority for any loss resulting from the Contractor’s failure to perform his
contractual obligations fully and properly. The performance guarantee must be provided in the form of
a bank guarantee (in the format given in Volume 2, Section 4). It shall be issued by a bank in

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accordance with the eligibility criteria applicable for the award of the contract. It must be submitted
to the Central Government Authority within 15 days of receipt of notification of award.

The following is added at the end of paragraph of sub-Article 7.8:

The Contractor shall be available during the period following Commissioning and Project Closure for
another period of 24 months to certify defects, remediation works, re-testing (if any) and the release

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of retention moneys to the DBOT contractor/s. To this effect the Performance Guarantee shall remain
valid until the final performance certificate, including the defects notification period, is issued.

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Article 12: Indemnification

Article 12.2 (b) is being deleted and replaced by the following:

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12.2 (b) The ceiling on the Contractor’s liability to the Central Government Authority and the Contracting
Authority shall be limited to an amount equal to the project value i.e. Seven Million and Seventy-
two thousand Euros (€ 7,072,000) and such ceiling shall not apply to any losses or damages

12.6 T
caused to third parties by the Contractor or by the Contractor’s willful misconduct.

A new Sub-Article 12.6 is added as follows:

In addition to the obligations of the Consultant, as specified in article 12 of the General Conditions,
within twenty (20) days of signing the Contract, the Consultant is to take out and maintain a
Professional Indemnity Insurance Policy, which shall provide for indemnity to the Contracting
Authority, a waiver of subrogation in favour of the Contracting Authority and covering any claim, loss,
damages or expenses, which may result as a consequence of a breach of professional duty or as a result
of professional negligence on the part of the Consultant. The Professional Indemnity Insurance Policy
shall be maintained for the whole duration of the Contract and renewable thereafter for a further
period of ten (10) years following the taking-over of the MBT plant by the Contracting Authority or as
required by the law of the Contract, whichever is the later. The policy shall provide for a claim limit
of €2 million for any one loss but unlimited in the period of the insurance. The Consultant shall furnish
proof of the insurance policy and of payment of premiums without delay whenever required to do so by
the Contracting Authority or the Project Manager.
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 Article 14: Intellectual and Industrial Property Rights

14.1 All reports and data such as maps, diagrams, drawings, specifications, plans, statistics, calculations,
databases, software and supporting records or materials acquired, compiled or prepared by the
Contractor in the performance of the contract shall be the absolute property of the Contracting
Authority. The Contractor shall, upon completion of the contract or as otherwise instructed by the
contracting authority, deliver all such documents and data to the Contracting Authority. The
Contractor may not retain copies of such documents and data and shall not use them for purposes
unrelated to the contract without the prior written consent of the Contracting Authority.

Article 19: Execution of the Contract

The following is added before sub-article 19.1:

The date for commencing performance shall be within 3 months of the last signature of this contract

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by both parties and shall be determined by an administrative order issued by the Project Manager. The
Contractor shall be allowed a maximum of ten (10) calendar days to mobilize and set-up all his
administrative and logistical requirements and he shall be expected to be fully operational thereafter.

19.2
Sub-Article 19.2 is deleted and replaced by the following:

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The daily rate for liquidated damages for every day, or part thereof, elapsing between the period of
execution and the actual end of the period of execution is 500 Euros per day's delay up to a limit of

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20% of the total contract price.

19.3 Sub-Article 19.3 of the General Conditions is deleted.

Article 20: Amendment of the Contract

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The following is added at the beginning of sub-article 20.1
20.1 The possibility of any variation/s and/or modifications to the Contract is envisaged to be excluded and
shall only be considered in exceptional circumstances beyond the reasonable control of the Contractor.

20.3
The following is added at the beginning of sub-article 20.3:

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An amendment to the Contractor may be initiated either by the Contractor or by the Contracting
Authority. In any case, the Contractor shall prepare a proposal or Variation Report (cf. Volume 3 –
Terms of Reference), which shall include, but not limited to, a description of the circumstances giving

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rise to the Variation, the nature of the services to be covered by the Variation and the projected value
of the Variation.

Article 24: Interim and Final Progress Reports

A new sub-article 24.7 is added as follows:

24.7

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Reports and documents to be drawn up and forwarded by the Consultant must be submitted to the
Project Manager and the Contracting Authority, in accordance with clause 7 of the Terms of Reference.
The Project Manager shall be responsible for the approval of such reports and documents.

26.1

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Article 26: Payments and Interest on Late Payment

The pre-financing payment shall be 20% of the contract value by derogation of the value of 60%

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specified in the General Conditions.

26.1 This contract, established in Euro, is a global-price contract.

The payments will be made according to the following schedules, subject to the provisions of Articles
28 to 33 of the General Conditions:

26.1.1 Payment Schedule for Task 1

Payment Schedule for Task 1: Establishing planning framework:

Payments (percentages from
Deliverables – according to the approved time plan
the respective task value)
Pre-financing payment upon commencement of the Contract 20%
i. Review of existing Solid Waste Management System in Gozo 20%
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 (upon completion)
ii. Review of SWM planning framework for the region (upon
20%
completion)
iii. Waste flow predictions (upon completion) 20%
iv. Demand analysis and determination of design standards (upon
20%
completion)
Total Amount for Task 1

26.1.2 Payment Schedule for Task 2

Payment Schedule for Task 2: Feasibility Study:

Payments (percentages from
Deliverables – according to the approved time plan

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the respective task value)
Pre-financing payment upon commencement of the Contract 20%

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i. Definition of alternatives (upon completion) 15%

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ii. Selection of preferred alternative (upon completion) 5%
iii. Preliminary designs for selected alternative(upon
20%
completion)
iv. Update of existing PDS (only if required)
v. Cost estimate for the selected alternative (upon completion)
Total

E V 15%
25%
Amount for Task 2

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26.1.3 Payment Schedule for Task 3

Payment Schedule for Task 3: Cost benefit analysis:

Deliverables – according to the approved time plan

Pre-financing payment upon commencement of the Contract P Payments (percentages from

the respective task value)
20%

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i. Financial Analysis (upon completion) 30%
ii. Socio-economic analysis (upon completion) 25%

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iii. Risk and sensitivity analysis (upon completion) 25%
Total Amount for Task 3

26.1.4

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Payment Schedule for Task 4

Payment Schedule for Task 4: Project Implementation plans and documents:

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Deliverables – according to the approved time plan

Pre-financing payment upon commencement of the Contract

i. Project Implementation plan (upon completion)
Payments (percentages from
the respective task value)
20%
10%

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ii. Financing plan (upon completion)
iii. Preparation and Completion of a Working Plan for the
Operation of the Plant (upon draft)
iv. Preparation and Completion of a Working Plan for the
Operation of the Plant (upon completion)
10%

20%

40%

Total Amount for Task 4

26.1.5 Payment Schedule for Task 5 (if included in the Contract)

Payment Schedule for Task 5: Environmental Impact Assessment:

Payments (percentages from
Deliverables – according to the approved time plan
the respective task value)
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 Pre-financing payment upon commencement of the Contract 20%
i. On submission of key baseline studies report 15%
ii. On submission of draft final EIS to MEPA 20 %
iii. On submission of the final EIS to MEPA 25 %
iv. On approval and certification by MEPA of all assessments/ 10 %
studies and EIS and following the public consultation exercise
v. After decision by MEPA on development application 10 %
Total Amount for Task 5

26.1.6 Payment Schedule for Task 6

Payment Schedule for Task 6: Cohesion Fund Application:

Payments (percentages from

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Deliverables – according to the approved time plan
the respective task value)
Pre-financing payment upon commencement of the Contract 20%

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i. Preparation and completion of the EU Cohesion Funds
20%

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Application (upon draft)
ii. Preparation and completion of the EU Cohesion Funds
Application (upon completion and submission to the EU 60%
Commission)
Total

26.1.7 Payment Schedule for Task 7

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Amount for Task 6

Deliverables – according to the approved time plan

Pre-financing payment upon commencement of the Contract

i. On submission of the Procurement Plan
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Payment Schedule for Task 7: Procurement Plan:
Payments (percentages from
the respective task value)
20%
5%
ii. On Submission of Draft Works Tender Document 15%

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iii. On submission of Draft Service Tender Document
iv. On submission of Draft Supplies Tender Document
v. Upon Publication of Works Tender Document
vi. Upon Publication of Service Tender Document
5%
5%
5%
5%

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vii. Upon Publication of Supplies Tender Document
viii. Upon Finalisation of the Evaluation and Recommendation for
5%
15%

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Award Procedure
ix. Upon successful Contracting of the Works Contract 10%
x. Upon successful Contracting of the Service Contract 5%

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xi. Upon successful Contracting of the Supplies Contract
Total

26.1.8 Payment Schedule for Task 8

5%
Amount for Task 7

Payment Schedule for Task 8: Project Management and Supervision:

Payments (percentages from
Deliverables – according to the approved time plan
the respective task value)
Pre-financing payment upon commencement of the Contract 20%
i. Upon finalisation and approval by the Engineer of the
15%
Detailed Design
ii. Upon commencement of works on site 5%
iii. Upon 25% of the Works Contract is reached (in terms of
10%
disbursed amount)
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 iv. Upon 50% of the Works Contract is reached (in terms of
10%
disbursed amount)
v. Upon 75% of the Works Contract is reached (in terms of
10%
disbursed amount)
vi. Upon 100% of the Works Contract is reached (in terms of
10%
disbursed amount)
vii. Upon successful testing and Commissioning 20%
viii. Upon elapse of the Defects Notification Period and issue of
release of Retention Guarantee
Final Performance Certificate
Total Amount for Task 8

Upon the payment of 20% identified in point vii above the contractor shall hand over to the
contracting authority a 5% Retention Guarantee (in the form of the specimen at Annex XI) which
guarantee shall be released upon the lapse of 24 months of the defects notification period.

If necessary the milestones identified in the above payment schedule in Article 26.1, may be
redefined. This may occur either

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i)

ii)

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in case that an activity/s within a task or a complete task is deleted by the
Contracting Authority from the scope of this contract or
if an extra item is identified in Tables 1-8 of the Breakdown of Costs in Volume 4
following acceptance by the Central Government Authority.

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In cases of deletion of activities within the tasks, the total amount of the respective task will be
revised accordingly, and if the pre-financing payment would have already been paid as per the original
payment schedule, the contractor has to repay the difference.

26.2

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The payment deadline of 30 calendar days referred to in Article 26.1 is amended to 60 days and shall
expire on the date on which the Contracting Authority’s account is debited. Without prejudice to
Article 34.3, the Contracting Authority may halt the countdown towards this deadline for any part of
the invoiced amount disputed by the Project Manager by notifying the Contractor that that part of the
invoice is inadmissible, either because the amount in question is not due or because the relevant
report cannot be approved and the Contracting Authority thinks it necessary to conduct further checks.

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In such cases, the Contracting Authority must not unreasonably withhold any undisputed part of the
invoiced amount but may request clarification, alteration or additional information, which General
Conditions for Service Contracts Version 1.01 (24 March 2010) Page 18 must be produced within 30 days

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of the request. The countdown towards the deadline will resume on the date on which a correctly
formulated invoice is received by the Contracting Authority.

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26.5 Payments shall be made in Euro (€).

26.6 Payments must be based on the Contractor's invoices, setting out the services actually performed. The

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invoice shall be approved by the Final Beneficiary. The invoices must be paid, subject to the approval
of the corresponding progress report. The invoice shall then be passed on to the Director EU Affairs at
the Ministry for Resources and Rural Affairs for final approval (see The Section Payments and Debt

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Recovery of the General Conditions).

26.7 If any of the following events occurs and persists, the Contracting Authority may, by written notice to

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the Contractor, suspend in whole or in part, payments due to the Contractor under the Contract:

a) the Contractor defaults in the execution of the contract;

b) any other condition for which the Contractor is responsible under the contract and which, in
the
opinion of the Contracting Authority, interferes, or threatens to interfere, with the successful
completion of the project or the contract.

The following Penalty Schedules shall be applicable should the Contractor be found that he failed to
meet the pre-established milestones within the stipulated time period and/or lacks the quality
expected due to lack of competence/negligence from his part. The approved time plan attached to
the contract shall be used as a tool to determine and quantify any deviations and/or delays from the
approved programme, and in such events this sub-article shall be applicable. The penalties listed
below shall be reasonably applied by the Contracting Authority by prior notice in writing to the
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Contractor, to which the Contractor shall be allowed to put forward any reasons or justifications
pertinent to the issues at hand for the consideration by the Contracting Authority.

26.7.1 Penalty Schedule for Task 1:

Penalty Schedule for Task 1: Establishing planning framework:

Penalties (percentages from
Defaults
the respective task value)
i. Failure to review the existing Solid Waste Management System
10%
in Gozo on time
ii. Failure to review the SWM planning framework for the region
10%
on time
iii. Failure to undertake and submit waste flow predictions on time 10%
iv. Failure to undertake and submit the demand analysis and
determination of design standards on time
10%
Value for Task 1

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26.7.2 Penalty Schedule for Task 2:

Penalty Schedule for Task 2: Feasibility Study:

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Penalties (percentages from

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Defaults
the respective task value)
i. Failure to undertake the definition of alternatives on time 10%

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ii. Failure to undertake the selection of preferred alternative on
3%
time
iii. Failure to provide the preliminary designs for the selected

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10%
alternative on time
iv. Failure to update the Project Description Statement (PDS),
8%
should this be required, on time

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v. Failure to provide the Cost estimate for the selected
12%
alternative on time
Value for Task 2

26.7.3 Penalty Schedule for Task 3:

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Penalty Schedule for Task 3: Cost benefit analysis:
Defaults
Penalties (percentages from

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the respective task value)
i. Failure to undertake and provide the Financial Analysis on
10%
time

on time

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ii. Failure to undertake and provide the Socio-Economic analysis

iii. Failure to undertake and provide the Risk and sensitivity

analysis on time
12%

12%
Value for Task 3

26.7.4 Penalty Schedule for Task 4:

Penalty Schedule for Task 4: Project Implementation plans and documents:

Penalties (percentages from
Defaults
the respective task value)
i. Failure to develop and submit the Project Implementation Plan
5%
on time
ii. Failure to develop and submit the Financing plan on time 5%

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 iii. Failure to develop and submit the Working Plan for the
30%
Operation of the Plant on time
Value for Task 4

26.7.5 Penalty Schedule for Task 5:

Penalty Schedule for Task 5: Environmental Impact Assessment:

Penalties (percentages
Defaults from the respective task
value)
i. Failure to submission the key baseline studies report at the
10%
right quality and time

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ii. Failure to submit the draft final EIS to MEPA at the right 10 %
quality and time
iii. Failure to submit the final EIS to MEPA at the right quality 10 %

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and time
iv. Failure to attend the public hearing and / or appeals hearing 10 %
v. Failure to provide the required support and input during the public
hearing and / or appeals hearing

26.7.6
Total

Penalty Schedule for Task 6:

V I10 %

Amount for Task 5

Penalty Schedule for Task 6: Cohesion Fund Application:

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Penalties (percentages from
Defaults
the respective task value)
i. Failure to prepare, complete and submit the EU Cohesion

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100%
Funds Application on time
Value for Task 6

26.7.7 Penalty Schedule for Task 7:

Defaults
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Penalty Schedule for Task 7: Procurement Plan:

E Penalties (percentages from

the respective task value)

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i. Failure to develop and submit the Procurement Plan on time 3%
ii. Failure to develop and submit the Works Tender Document 20%
on time

on time

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iii. Failure to develop and submit the Service Tender Document

iv. Failure to develop and submit the Supplies Tender Document

on time
viii. Failure to provide assistance to the Evaluation Committee as
10%

10%

7%
required

required
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ix. Failure to provide assistance during Contracts Preparation as 10%

Value for Task 7

26.7.8 Penalty Schedule for Task 8:

Penalty Schedule for Task 8: Project Management and Supervision:

Penalties (percentages from
Defaults
the respective task value)
i. The Works specified in the Works Contract are delayed and 30%
the Supervision Engineer could have avoided it through his

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 involvement
ii. The quality of the Works are substantially below the Works
Contract requirement and the Supervision Engineer could have 50%
improved it through his involvement
iii. Defects, deficiencies or non-conformities with the Works
Contract requirements are discovered within the Defects
Notification Period and they could have been corrected though the 30%
involvement of the Supervision Engineer in any manner under the
terms of this and/or FIDIC Contract/s.
iv. The Works’ Contract Price/s is/are increased, such that the
increase could have been avoided through the involvement of the
30%
Supervision Engineer in any manner under the terms of this
and/or the FIDIC Contract/s.

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v. Serious irregularities imputable to the Supervision Engineer are
discovered and such irregularities lead to financial prejudices to
either the Contracting Authority or the Central Government
100%

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Authority, such as a refusal by the European Commission to
reimburse expenditure or a claim by the European Commission
for recovery of undue expenditures, etc.
vi. Accidents occur on the site due to inappropriate health and
safety measures taken by the Contractor/s and such accidents
could have been avoided through the involvement of the
Supervision Engineer in any manner under the terms of this
V I30%

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and/or the FIDIC Contract/s.
Value for Task 8

26.9
the bill.

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26.7.8.1 In respect to task 8 the Engineer is expected to be present on site for at least 60% of the
agreed time input and shall be requested to record his attendance and presence on site by means of a
palm reader. A penalty of one hundred Euros (€ 100) per day which the Engineer is not present on site,
calculated on a monthly basis against the agreed time inputs, will be charged and hence deducted from

By virtue of sub-articles 26.7 and its sub-articles of these Special Conditions, clause 10.2 of the General

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Conditions is superseded.

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Article 27: Financial Guarantee

Sub-Article 27.1 is deleted and replace by the following:

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27.1 The Contractor must provide a financial guarantee for the full amount of the pre-financing payment
irrespective of the value of the pre-financing payment. This financial guarantee must remain valid
until it is released by the Central Government Authority in accordance with Sub-Article 27.5 or Sub-
Article 27.6, as appropriate.

27.2

27.6
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For pre-financing details refer to Article 26.1 of the Special Conditions and its sub-articles.

Article 27.6 of the General Conditions is deleted and replaced by the following:
For global price contracts the financial guarantee will be released in partial amounts equivalent to 20%

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of the value of each task, progressively upon i) the submission of the first interim report to the
Contracting Authority for each respective task as set out in Article 4.2 of the Terms of Reference or ii)
upon completion of the respective task, whichever is the earlier.

Article 39: Further Additional Clauses

39.1 Contracts shall be done in English in three originals, one original being for the Central Government
Authority, one original being for the Contracting Authority, and one original being for the Contractor.

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 VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE

(LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE)

Director of Contracts
Department of Contracts
Notre Dame Ravelin
Floriana FRN1600
Malta

[Date]

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Dear Sir,

Our Guarantee Number .......................... for €......................

Account: [Account Holder’s Name]

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In connection with the contract entered into between yourself on behalf of the Director of Contracts and

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[Name and Address of Contractor] hereinafter referred to as “the Contractor” as per the latter’s tender and
your acceptance under CT 3060/2010, whereby the contractor undertook the Engineering, Procurement
and Construction Management Consultancy Services for the design, EIA, contracting and managing a

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project for the construction and operation of a Biological Treatment Plant in Gozo in accordance with
Article 13 of the Special Conditions the services 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

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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.

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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

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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.

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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.

longer required.

E N
This document should be returned to us on utilization or expiry or in the event of the guarantee being no

After the expiry date and in the absence of a written demand being received by us before such expiry date,

T
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]

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 VOLUME 2 SECTION 5 – SPECIMEN PREFINANCING PAYMENT GUARANTEE

(LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE)

Director of Contracts
Department of Contracts
Notre Dame Ravelin
Floriana FRN1600
Malta

[Date]

CT 3060/2010

Dear Sir,

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V I
We the undersigned, [name, company name, address], hereby declare that we will guarantee, as principal
debtor, to [Central Government Authority'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.

E
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

R
any such change, addition or modification.

The guarantee will enter into force and take effect from the [indicate the date of payment of the pre-

P
financing] and shall be valid until full repayment of the same amount by the Contractor.

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 ………….., ../../..

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Name and first name: …………………………… On behalf of: …………………

Signature: ……………..
D
N
[stamp of the body providing the guarantee]

E
T

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VOLUME 3 SECTION 1 – CONTRACTING AUTHORITY’S REQUIREMENTS (TERMS
OF REFERENCE)

Table of Contents

1. Background Information .............................................................................57

1.1 - Beneficiary Country ...................................................................................................... 57
1.2 - Central Government Authority......................................................................................... 57
1.3 - Contracting Authority ................................................................................................... 57
1.4 - Relevant Country Background.......................................................................................... 57

W
1.5 - Current State of Affairs in the Relevant Sector..................................................................... 57
1.6 - Related Programmes and Donor Activities........................................................................... 58
2. Contract Objectives and Expected Results .......................................................58

E
2.1 - Overall Objectives ....................................................................................................... 58

I
2.2 - Specific Objectives....................................................................................................... 58
2.3 - Results to be Achieved by the Consultant ........................................................................... 58
3. Assumptions and Risks ...............................................................................59

V
3.1 - Assumptions Underlying the Project Intervention .................................................................. 59
3.2 – Risks ........................................................................................................................ 59
4. Scope of the Work ....................................................................................60

E
4.1 – General..................................................................................................................... 60
4.2 - Specific Activities ........................................................................................................ 60
4.3 - Project Management..................................................................................................... 70

6.1
6.2
–
–
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5. Logistics and Timing..................................................................................70
5.1 – Location.................................................................................................................... 70
5.2 - Commencement Date & Period of Execution........................................................................ 70

P
6. Requirements..........................................................................................71
Personnel .................................................................................................................. 71
Accommodation .......................................................................................................... 72
6.3 - Facilities to be provided by the Consultant ......................................................................... 72
6.4 –

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Equipment ................................................................................................................. 73
7. Reports .................................................................................................73

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7.1 - Reporting Requirements ................................................................................................ 73
7.2 - Submission & approval of progress reports .......................................................................... 76
8. Monitoring and Evaluation...........................................................................76

D
8.1 - Definition of Indicators.................................................................................................. 76
8.2 - Special Requirements ................................................................................................... 76

E N
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 Terms Of Reference
1. Background Information

1.1 - Beneficiary Country

Malta

1.2 - Central Government Authority

Department of Contracts

1.3 - Contracting Authority

Wasteserv Malta Ltd.

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1.4 - Relevant Country Background

V I
The Republic of Malta is a member of the European Union and is an island that lies at the centre of
the Mediterranean Sea, 93km south of Sicily and 288km north of Africa. The area of the country is

E
316 square kilometres. It consists of an archipelago: Malta, Gozo and Comino and three other
smaller uninhabited islets. The climate is Mediterranean with hot, dry summers and mild winters.

R
In 2008 the Maltese population counted approximately 410,000 inhabitants, thus having a
population density of around 1,300 inhabitants per square kilometre. Moreover, Malta receives
around 1.2 million tourists per year, mainly originating from Europe. The vast majority of Maltese

P
are Catholic and able to speak both Maltese and English.

Inadequate past landfilling practices in the Maltese Islands resulted in a number of uncontrolled
dump sites which had to be closed before Malta’s accession in the European Union in 2004. An

R
interim engineered landfill – Ta’ Zwejra, was constructed and received municipal solid waste (MSW)
for about two and a half years until the Ghallis engineered landfill was developed. To compliment
the new standards in waste management, Wasteserv Malta Ltd. (Wasteserv) is upgrading the

E
Sant’Antnin composting facility into a facility equipped with a digestion / composting facility to
treat 35,000 tonnes of biodegradable material and a material recovery facility to treat 36,000
tonnes of recyclable material. Moreover, bring in sites and civic amenity sites were developed
amongst other initiatives.

D
1.5 - Current State of Affairs in the Relevant Sector

N
The Solid Waste Management Strategy for the Maltese Islands, published in 2001, identifies 56

E
initiatives that are necessary to establish a sufficient legislative and physical infrastructure for the
management of solid waste on the Maltese Islands. The Strategy has the overall purpose to provide
a policy and decision-making framework for the future management of waste and for the

T
preparation of implementation plans. WasteServ has the responsibility, on behalf of the Ministry for
Resources and Rural Affairs, to set up the technological infrastructure necessary where private
initiative is lacking and to ensure that a sufficient capacity for waste management exists to be able
to attain the aim and objectives of the Strategy.

A revision to the Solid Waste Management Strategy was issued for consultation in January 2009 and
can be viewed at www.wastestrategy.gov.mt. Amongst others, this outlines the fact that landfilling
of untreated waste remains the least preferred option and thus other developments are required. A
potential scenario is the development of a second Mechanical Biological Treatment (MBT) plant in
the north of Malta and another small scale MBT plant in Gozo with the aim of treating agricultural
waste (animal husbandry waste and manure) and the organic fraction of Municipal Solid Waste that
will not be treated at the Sant’Antnin Mechanical Biological Treatment plant located at the south of
Malta.

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1.6 - Related Programmes and Donor Activities

Ongoing infrastructural projects financed through Cohesion Policy 2004-2006 and National Funds
feature the control of emissions from the three main landfills of Maghtab, Qortin and Wied Fulija;
the establishment of Bring-in-Sites and Civic Amenity Sites; and the upgrading of the Sant’Antnin
Waste Treatment Plant. An awareness and educational campaign is also being carried out.

2. Contract Objectives and Expected Results

2.1 - Overall Objectives

The overall objective of the project of which this contract will be a part is the development of a
state of the art Biological Treatment plant in Gozo which entails the treatment of the organic
fraction of the Municipal Solid Waste – one of the outputs from the Waste Treatment and Transfer

W
Facility to be built in Tal-Kus l/o Xewkija, Gozo. The biological treatment plant will also treat
animal husbandry wastes from the same catchment area together with other organic wastes. This
plant would also be in a position to accept sewage sludge from the Gozo sewage treatment plant
should the facility operators wish to direct such waste thereto.

I E
The facility will consist of a Biological Treatment plant for which a site has still to be confirmed.

2.2 - Specific Objectives

E V
The specific objectives of this consulting assignment, hereafter referred to as the Assignment is to
provide the necessary technical assistance, prepare for EU grant financing (non major application)
and the implementation of a project comprising waste treatment facilities for:

ii.
i.

agricultural waste (including manure),

P R
residual Municipal Solid Waste i.e. the mixed waste stream that is pre-treated in the Gozo
Waste Treatment and Transfer Facility which is then collected in a catchment where there
is also a separate collection of materials and possibly some bio-waste, and possibly also

R
iii. abattoir wastes which can be treated through a biological process, and

iv. other wastes which can be treated biologically, hereinafter referred to as the Project. The

E
assignment also includes project management and supervision during the implementation
stage.

D
2.3 - Results to be Achieved by the Consultant

2.3.1

ii
N
The expected general results from this contract are:

i Provide the necessary technical assistance

E
Secure EU Funding for the Project

iii

iv

v
T
A successful procurement process

Obtain the necessary building and operation permits

A successful Project Management

vi The successful construction, commissioning and acceptance of the Biological Treatment

Plant in Gozo.

2.3.2 The Consultant shall prepare the following main outputs in the scope of this Assignment:

i Planning framework and design basis

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 ii Feasibility study (FS), including update of existing standalone PDS, should this be required
by the Contracting Authority, and an options analysis for the waste treatment facilities in
the Project
iii Cost Benefit Analysis (CBA) for the waste treatment facilities in the Project
iv Project implementation plans for the waste treatment facilities in the Project
v Environmental Impact Assessment - this task shall be carried out only upon confirmation by
the Contracting Authority
vi Cohesion fund (CF) application for the waste treatment facilities in the Project
vii Tender documents/designs including specifications for the waste treatment facilities in the
Project
viii Documents related to project management and supervision during implementation

3. Assumptions and Risks

E W
I
3.1 - Assumptions Underlying the Project Intervention

i Securing of the necessary building permits

ii

iii

iv
Stability of national government

Stability of environmental and planning policy

V
Securing of the financing of the project by the EC through the Cohesion Fund 2007-2013

E
v

vi

vii
Stability of the relevant EU standards

P R
Sources of finance for the project are available at the appropriate times

The tendering, contracting and works processes are executed in time

viii

ix
R
Good cooperation between the Consultant, the Central Government Authority, the
Contracting Authority, the Planning and Priorities Coordination Division (PPCD) and the
Malta Environment and Planning Authority (MEPA)

E
Good cooperation and an excellent working relationship with other consultants engaged
with the Contracting Authority

D
The Consultant is assumed to be flexible and capable of respecting strict deadlines and
work under pressure

xi

N
The Consultant’s team is adequately experienced and qualified for the requirements of
these Terms of References

E
T
3.2 – Risks

i Delays/problems in securing Cohesion Fund financing and complying with EC requirements

and conditions possibly to be set

ii The necessary permits are delayed, withheld, or withdrawn by the Malta Environment and
Planning Authority

iii Delays/problems in complying with MEPA and/or EC requirements and conditions possibly to
be set

iv Delays/problems due to site dependent archaeologically sensitive issues/findings

v Delays in vetting, publishing and adjudicating tender offers and obtaining the necessary

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 approvals

vi Appeals lodged during the permitting and contracting process

vii The controversial nature of the implementation of the Biological Treatment Plant can pose
risks on the progress of the project

viii Occurrence of force majeure

NB. The Contracting Authority reserves the right to shift the commencement and completion
dates in parallel to suit the current circumstances and situations.

4. Scope of the Work

4.1 – General

E W
I
4.1.1 Project Description

The Project consists of the construction of a Biological Treatment Plant in Gozo. The

E V
project will consist of the Design, Construction, Supply, Installation, Commissioning and
continuing support for the operation of a Biological Treatment Plant in Gozo, The aim of
this Biological Treatment plant in the island of Gozo is to treat the residual fraction of
Municipal Solid Waste pre-treated in the Gozo Waste Treatment and Transfer Facility, and
possibly also agricultural waste (animal husbandry waste and manure) and other
biodegradable wastes.

4.1.2 Geographical Area to be covered

P R
Within the project the installation, commissioning and operation of the Mechanical
Treatment Plant has a higher order of precedence

4.1.3
Gozo

Target Groups

N/A
E R
4.2 - Specific Activities

D
Task
Task
1
2
-
-

E N
In order to achieve the contract objectives the following tasks (in chronological order) are
expected:

Establish planning framework

Feasibility study

T
Task 3 - Cost benefit analysis
Task 4 - Project implementation plans and documents
Task 5 - Environmental Impact Assessment
Task 6 - Cohesion fund application
Task 7 - Tendering and procurement
Task 8 – Project management and supervision

Task 1 – Establish planning framework

This task involves the following activities:

i Review of existing Solid Waste Management (SWM) system in Gozo - the existing
SWM system in Gozo shall be reviewed with a view to determine on one hand the framework

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within which the new facilities will be implemented and on the other hand the requirement
for and role the new facilities will play in the overall system.

ii Review of SWM planning framework for the region – including SWM plans and
strategies as well as other plans for management of waste streams that could be targeted
by the new facilities

iii Review and Determination of Waste flow predictions – which involves i) the
review and determination of current waste quantities and composition based on existing
data and information, and ii) making predictions for future changes in waste quantities and
composition during the lifetime of the planned facilities. These activities will comprise
municipal solid waste and other waste types targeted by the planned facilities, such as
agricultural waste (manure). Particular attention is to be dedicated to animal husbandry
waste and manure since this will affect the investment costs and operational costs of the
facilities. Currently there is a system in place whereby MSW is collected and transported

W
for treatment/disposal; however farmers do not have a similar system. The consultant is
thus expected to find the right balance between what the farmers will be requested to pay
to benefit from such a system, the necessary systems in place for collection and also what

E
the farmers might get in return like compost or fertilizers, together with good standards

I
and practices. In this sense the Consultant is expected to work closely with officials from
the Department of Agriculture, to determine the quantities generated, identify the amount
that needs to be treated and therefore determine the total amount of input waste streams

V
expected to be delivered in order to effectively size the plant.

iv Demand analysis and Determination of design standards – This activity includes

E
determining the demand for the planned facilities, i.e. waste types and amounts that could
be treated in the Project facilities, considering e.g. waste catchment area, and predicted
future waste generation (quantities and composition) during the planning period, and the

R
expected efficiency/capture rate of source separation of recyclables and biowaste. This
activity will also include determination of the relevant design standards and criteria for the
planned facilities.

Task 2 - Feasibility study

P
The feasibility study involves the following activities:

i
R
Definition of alternatives - considering the outcome of Task 1 the Consultant shall

E
identify at least three different appropriate technical options. This can for example include
options targeting additional waste streams than MSW, e.g. agricultural waste (manure) or
sewage treatment sludge, or considering different options for biological treatment e.g
aerobic or anaerobic. Other technological options are to be considered. The consultant is

D
expected to consider options of treating MSW and manure both separately and combined.
The identified options shall be described with regard to e.g. the waste flow, end-products
and by-products produced, energy, heat and water balance, emissions to air and water, and

N
approximate investment and O&M costs as a basis for comparison of alternatives. The
alternatives have to be well defined and properly analysed within the constraints of the
budget of the project ie € 7,072,000.

ii

E Selection of preferred alternative - shall be carried out through an economic

T
comparison of the alternatives through their respective Economic Rate of Return (ERR),
calculated based on the total economic cost and revenue streams estimated on an annual
basis, in real terms, for a period covering the economic life of the facilities. The Consultant
is expected to provide recommendations for the most suitable option for the Project and to
clearly describe the limitation of the preferred option and to highlight any preparatory
actions that have to be carried out by the Contracting Authority or others so that the
general objectives based on the preferred treatment option will be achieved.

iii Preliminary designs for selected alternative – The outputs shall include

a. Concept drawings followed by architectural drawings for the Project facilities

b. Description of the main plant components

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 c. Plans and concept drawings for necessary civil works, road infrastructure, buildings,
massing etc.

d. Establishing appropriate environmental and technical standards for the operation of

the Project facilities.

iv Following the selection of the best option for the Biological Treatment Plant in
Gozo as per bullets (i) and (ii) above, the Consultant shall undertake to update this
document should this be necessary upon request by the Contracting Authority. This
document will serve as basis for the specific Terms of Reference for the EIS and will
accompany the PA permit for the Biological Treatment Plant project.

v Cost estimate for selected alternative - Based on the preliminary design of the
waste treatment facilities carried out in activity iii above, the Consultant shall prepare an

W
itemised estimate of the capital investment costs and the operation & maintenance costs
required during the life time for both Project components based on relevant EU/national
standards/criteria and requirements. Also potential revenues/costs from e.g. sale or

E
handling of compost, SRF/RDF, recyclable materials or energy from the waste treatment

I
facilities shall be estimated.

V
Task 3 - Cost benefit analysis

The Cost benefit analysis includes the following activities, which shall be carried out for the

E
selected alternative:

i Financial analysis - made with the purpose of verifying the financial sustainability

R
of the Project, calculating the Project’s financial performance indicators and determining
the appropriate (maximum) contribution from the EU co-funding, the funding gap. The
calculation of the funding gap as well as of the project profitability indicators (i.e.:

P
financial return on the investment or FRR/C and financial return on own capital or FRR/K,
and the corresponding financial net present values FNPV) shall be made in accordance to
the Working Document 4: Guidance on the methodology for carrying out Cost-Benefit
Analysis1 , and the EU Guide to Cost-Benefit Analysis of Investment Projects2

ii

E R
Socio-economic analysis - the purpose of which is to ensure that the Project and
related facilities represent an efficient use of available economic resources. The analysis
should also provide a verification that the Project benefits exceed the Project costs. This
has to some extent been carried out in the selection of preferred alternative.

iii Risk and sensitivity analysis - to take into account and evaluate the impact of the

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uncertainties that always permeates investment projects. The analysis shall be carried out
in two steps,

E N
a. sensitivity analysis identifying critical variables by observing how variations
in certain project variables results in variations in financial and economic
performance indicators, and

b. a risk analysis carried out to assess the probability of occurrence of the

T
variations of the critical variables. The analysis shall by carried out by assigning
appropriate probability distributions to the critical variables, and then estimate the
resulting probability distributions for the financial and economic performance
indicators.

Task 4 - Project implementation plans and documents

This task involves preparation of the following outputs;

i Project implementation plan – with a time/activity schedule for implementation of

1
http://ec.europa.eu/regional_policy/sources/docoffic/2007/working/wd4_cost_en.pdf
2
ec.europa.eu/regional_policy/sources/docgener/guides/cost/guide2008_en.pdf
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the Project, taking into account the disbursement period of the EU 2007-2013 grant
programme

ii Financing plan - with clear identification of sources of financing. The financing

plan must specify the annual distribution of financing by source (e.g. EU funding, loan,
bilateral grants, municipality/municipal company cash, local and state grants) of the
Project.

iii Working Plan - in order to enable the Contracting Authority to apply and obtain the
necessary Environmental / Operations Permit in terms of the Waste Management (Permit
and Control) Regulations, 2001 as published by Legal Notice 337 of 2001(as may be amended
from time to time). The Working Plan, amongst others, shall include:

a. a description of the facility

W
b. how the facility is to be commissioned and operated

c. the necessary pollution prevention and control measures

d.

I E
detailed drawings and descriptions of the engineering development of the
site and its infrastructure

V
e. information on documented procedures and recording systems to be
employed

E
f. information on Risk management systems required for the site The
consultant is expected to carry out a risk assessment so as to identify (and in as far
as possible, quantify) any risks that may prevent the Project facilities working

R
according to plan.

g. contingency plans for any emergencies such as fires

P
Note: An example of a typical Terms of Reference for a Working Plan related to an MBT
plant is included in Appendix A of these Terms of Reference. These are to be considered as
minimum requirements. The final Terms of Reference will be issued by MEPA and may
include additional requirements. The Consultant is expected to make an allowance

E R
(separately identifiable in the appropriate tab within the BOQs) for any additional
requirements over and above those already specified. The Consultant is to describe in his
method statements the allowances which he/she is accounting for in order to support and
justify the relevant cost/s. In the event that no additional requirements are requested this
amount will be deducted from the BOQ.

D
Task 5 - Environmental Impact Assessment / Environmental Impact Statement

N
Note: This task is being included provisionally. The Contracting Authority informs the
tenderers that action is currently being taken to initiate the EIA/EIS studies. Should, at
the time of contract signature, or during the execution of the contract, such EIA/EIS has

E
been, or is still being carried out by others, this Task shall be excluded from the
Contract.

T
1. This task involves evaluation of the environmental impacts associated with
implementing and operating the Project. This shall be carried out in accordance with the
requirements of relevant EU Directives, e.g. 85/337/EEC, 96/61/EC and 97/11/EC, The
Maltese Environmental Impact Assessment Regulations 2007 (LN 114/2007 as may be
amended from time to time available
http://www.mepa.org.mt/Planning/factbk/LNs/LN114%20english.pdf), and guidelines with
from

due consideration to the Aarhus convention. When in conflict, the EU Directives shall
prevail.

2. In addition to assessing appropriate environmental effects and impacts of a project,

appropriate ways and means to minimize and mitigate these impacts shall also be
identified. Finally the Consultant shall plan a public participation and awareness campaign
and assist the Beneficiary in implementing this campaign, so as to ensure compliance with
legislation and public support for the Project.

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3. The Consultant shall prepare a public consultation and awareness raising program
that must comply with both EU and national EIA requirements.

4. The Consultant shall also assist the Beneficiary in planning and implementing this
campaign with a view to ensure a positive outcome of the programme and good support
from the public and related stakeholders in the process of planning and implementing the
waste treatment facilities.

5. The final Terms of Reference which will be eventually prepared by the Malta
Environment & Planning Authority (MEPA) following the submission of the Project
Description Statement as per sub clause iv under Task 2 of these Terms of Reference.
Note: An example of a typical Terms of Reference for an Environment Impact Statement
related to a Biological Treatment plant is included in Appendix B of these Terms of
Reference. These are to be considered as minimum requirements. The final Terms of

W
Reference will be issued by MEPA and may include additional requirements. The BOQ
contains a breakdown of all studies listed, and the Consultant is to price each study
accordingly so that in the event that a study or studies is/are not required the respective

E
amount will be deducted from the BOQ. Moreover the Consultant is expected to make an

I
allowance (separately identifiable in the appropriate tab within the BOQs) for any
additional requirements or studies over and above those already specified. The Consultant
is to describe in his method statements the allowances which he/she is accounting for in

V
order to support and justify the relevant cost/s. In the event that no additional
requirements/studies are requested this amount will be deducted from the BOQ.

E
6. The procedures to be followed in the preparation of a full Environmental impact
Assessment Content are established in The Maltese Environmental Impact Assessment
Regulations 2007 (LN 114/2007.

7.

process.

8. P R
The various assessments / studies shall be undertaken and presented without bias
for or against any part of the proposed development and the consultants shall ensure the
professional integrity, including scientific integrity, of discussions and analyses in the EIA

In order to complete the consultancy successfully, the following is required:

ii

E R
A detailed method statement on how the baseline studies will be carried
out including areas of influence, etc. is to be submitted with this bid.

Each study shall contain a co-ordinated and coherent assessment of the

proposed development on human beings and the natural and man-made
environments, taking into account direct, indirect, short, medium and long-term

D
effects of both the construction and operational phases. The analysis of the impacts
on the environment shall be presented in summary, chart, and tabular or pictorial
format and in a descriptive manner.

E N
iii Where necessary, discussions should take place with the Contracting
Authority and MEPA and other relevant organisations on the confirmation of the key
issues of the studies and a review of the designs and supporting information /
documentation (e.g. the Project Description Statement – PDS,). Background data

T
from field investigations and existing third party data will be collected and, where
necessary, supplemented by original fieldwork. Third party data will be verified
with the Contracting Authority and MEPA.

iv Where data is deemed important and does not exist or is not available,
suitable and sufficient data must be collected to enable an assessment of the
environmental impacts of the proposed development. In such cases a correction
factor applicable to local conditions is to be applied.

v Where the consultants are evaluating reasonably foreseeable significant

adverse effects on the environment and there is incomplete or unavailable
information, the consultants shall always make clear that such information is
lacking or incomplete.

vi If the incomplete information referred to above is essential for a reasoned

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 choice among alternatives then the consultants shall include the information in the
EIA.

vii If the information relevant to reasonably foreseeable significant adverse

impacts cannot be obtained because the overall costs of obtaining it are
unacceptable to the Chief Executive Officer of the Contracting Authority (or his
representative) or the means to obtain it are not known, the consultants shall
include within the EIA:
 a statement that such information is incomplete or unavailable;
 a statement of the relevance of the incomplete or unavailable
information to evaluating reasonably foreseeable significant adverse
impacts on the environment;
 a summary of existing credible scientific evidence which is relevant
to evaluating the reasonably foreseeable significant adverse
impacts on the environment; and

W
 the consultants’ evaluation of such impacts based upon theoretical
approaches or research methods generally accepted in the scientific
community.

E
I
viii Recommendations should be made in the EIA for any additional data
collection or verification, should this be required.

ix

V
Data shall be presented in a form that can be easily understood by the non-
specialist. All external data sources will be acknowledged and references provided.
A non-technical summary is also to be presented as a separate document. This shall

E
be presented in both Maltese and English and as a digital copy.

x Relevant authorities and statutory consultees (including the Local Council’s,

R
Service providers, Non-Governmental Organisations, etc.) and relevant experts are
to be consulted on the various aspects of the project.

xi

P
Potential impacts shall be identified and where possible quantified. Where
quantification of the impact is not possible then professional judgement will be
applied and all assumptions made identified. The methodology for the assessment
of potential impacts shall be stated for each of the components of the proposed

R
development and mitigation measures shall be identified, their likely effectiveness
discussed and, where possible, incorporated into the design. Residual impacts shall
also be identified in the report.

xii

E
Following the submission of the first draft and depending on comments from
MEPA, subsequent drafts may be necessary to satisfy requirements of MEPA or the

D
Contracting Authority. Provided that these revision are not a result of a radical
change either in the technology, and/or waste quantities and composition and/or
site location, the consultant is expected to make as many changes as necessary to
fulfil and obtain the certification of approval of the EIS. Allocation for costs arising

E N
as a result of these changes is assumed to be included in the tendered price.

xiii All the members in the EIA team must be present for all public hearings that
will subsequently be planned by MEPA regarding this project.

T
xiv If an Appeal to the MEPA decision is lodged in terms of the Development
Planning Act (Cap 356), the appointed consultant is expected to provide his
technical input regarding arising matters concerning the Environmental Impact
Statement.

Task 6 - Cohesion Fund application

The Consultant shall prepare a complete and timely Cohesion Fund Application Form
together with supporting documents for Non-Major Projects as published by the Managing
Authority.

The application shall include a non-technical summary of the EIA and records of the
consultation process attached as annexes.
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Task 7 - Procurement

The Contracting Authority shall carry out the procurement for the Project Facilities with
the support of the Central Government Authority and the Consultant. The Contracts
Procedures will follow the Maltese Legal Notice 296/2010 as amended from time to time.
The Consultant is required to provide full services for the preparation and completion of
specifications, tender documents, evaluation and contract award for the contracts financed
through the Cohesion Fund (2007-2013). These services expected to result in:

i Procurement plan - evaluate the alternative procurement route

approaches in terms of the standard procurement documents, procurement
procedure etc (eg. FIDIC General Conditions of Contracts), determine the suitable
procurement route, the intended distribution in lots, indication of type of tenders

W
and contracts, and distribution of local and foreign investment components over the
investment project-planning period.

E
ii Tender documents – prepared in accordance with the agreed procurement

I
plan, and where necessary complemented with complementary designs. The tender
documents shall be drafted according to L.N.296/2010, Public Contracts Regulations
of 2005. It is envisaged that the Consultant must prepare the following tender

V
documents:

a) Works Contract for the construction of the proposed Biological Treatment Plant on

E
a Design Build Operate and Transfer (DBOT) model. The consultant is expected to draw up
the Prior Indicative Notice (PIN) and Contract Notice, and to compile and complete the
tender document which includes 5 volumes namely: Vol 1 Instructions to Tenderers, Vol 2

R
Special Conditions, Vol 3 Employers Requirements, Vol 4 BOQs, Vol 5 Drawings. The tender
document is also to include the operation and maintenance of the facility by the successful
works contractor following the period of commissioning and acceptance. The templates

P
may be downloaded from this website: https://secure2.gov.mt/eprocurement/templates

b) Service Contract for the development and implementation of a Publicity Campaign

in line with the Commission Decision concerning information and publicity measures
concerning the activities of the Cohesion Fund to support the construction of the Biological

R
Treatment Plant. The consultant is expected to draw up the Contract Notice, and to
compile and complete the tender document including the Instructions to Tenders, Special

E
Conditions, Terms of References and Evaluation Grids. The templates may be downloaded
from this website: https://secure2.gov.mt/eprocurement/templates

c) Supply Contract for the delivery of mobile plant (such as wheel shovels, fork lift

D
trucks, roll on roll of trucks, tele-handlers etc) and equipment (such as open top and press
containers, self dumping hoppers etc) to support the operations of the Biological
Treatment Plant. The consultant is expected to draw up the Contract Notice, and to

N
compile and complete the tender document including the Instructions to Tenders, Special
Conditions, Technical Specifications and Evaluation Grids. The templates may be
downloaded from this website: https://secure2.gov.mt/eprocurement/templates

iii

E Tender documents – prepared in accordance with the agreed procurement plan,

T
and where necessary The Consultant, in close liaison with the Contracting Authority and
Central Government Authority, shall supervise the whole tendering procedure to ensure:

a. The timely preparation of all the tender documents mentioned above

b. The submission of the tender documents in draft for approval by the

Contracting Authority and then by the Central Government Authority and make any
changes as required for the final version

c. To assist both the Contracting Authority and the Central Government

Authority during the pre-tender phase: pre-tender meetings and minutes, site visits,
answers to tenderers’ queries by circular letter, and preparation of evaluation and
award recommendation reports

d. Assist both the Contracting Authority and the Central Government Authority

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 in all tender related activities, up to the stage when the contract is signed. With
particular reference to the Works Contract, the Consultant shall prepare a
document Statement of Agreed Contractual and Operational Details which is to be
endorsed by the Works Contractor and included in his contract. This Statement
shall include the operational guarantees of the plant as per the tender offer.

Note: Full tender dossiers for these contracts need to be available and approved by the
client and the Department of Contracts ultimately 3 weeks before their respective
commencement of procurement procedure.

Task 8 – Project management and supervision

The Consultant is expected to provide a sound and successful project management and
supervision service spanning the whole process from the project preparation up to the sound

W
and successful Implementation of the project for the construction and operations of a state
of the art Biological Treatment Plant in Gozo.

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These activities are expected to result in a high and efficient Project Management service

I
and a high quality Supervision service in times of quality cost and time. The Consultant
shall therefore undertake the roles of:

V
(i) Project Manager including the progress monitoring of the project progress

a. Taking into consideration the complexity of the Cohesion Fund project the

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Project Manager shall ensure an appropriate communication and cooperation
between all the relevant actors involved.

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b. In order to monitor and coordinate the contracts and the various activities
under these TORs, the Project Manager will organise:

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- Co-ordination Meetings with the participation of top management
staff from the Contracting Authority

- Monitoring Meetings with a wider participation, including The

Contracting Authority, Contractors, Office of the Prime Minister (Planning

E R
and Priorities Coordination Division), MEPA and the Ministry for Resources
and Rural Affairs

Both at the Coordination as well as Monitoring Meeting, the Consultant will make
professional presentations (including video support, if required) of the overall
development of the project.

c.

D
The Project Manager is solely responsible for the supervision of the Works
and to fulfil the requirements of these TORs

(ii)

NExecutive Architect until the necessary building permits are obtained, whereby
this responsibility is to be handed over (through a Change of Architect form) to the

E
successful contractor/s winning the DBOT contracts mentioned under Task 8 bullet ii a
above. Following the responsibility handover, the Executive Architect is to undertake the

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role of Design Consultant.

(iii) Client’s Representative including negotiations with the Works Contractors in order
to achieve the best solutions in terms of technology, quality, cost and time in favour of the
Employer.

(iv) Supervision Engineer (hereinafter referred as “the Engineer”(e.g. FIDIC model))

including the design approval, commissioning, testing and acceptance certification. The
following is required from the Supervision Engineer:

a. The Engineer shall pay special attention to ensure that the successful works
contractor fully complies with his offer in terms of resources allocated, quality of
the works and equipment, time and costs.

b. The Engineer will provide the following main supervision activities:

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 i. The Engineer shall manage and supervise the works contract as it
shall in general fulfil all the duties of the “Engineer” as specified in
the Contract General Conditions and/or Special Conditions (e.g.
FIDIC model) from the design checking up to the end of the Defects
Liability Period for the Contract on the construction of the waste
management facilities in Gozo.

ii. Investigate all drawings proposed by the Works Contractors for

approval. The Engineer is to certify the final as-built drawings;

iii. Ensure that at design stage and execution stage the final product is
always in compliance with local and EU legislation

iv. Inspects the Contractors’ Work during construction to ensure

W
compliance with approved plans and specifications; perform final
inspection of construction and recommend approval for payments,
or prepare the list of items to be corrected before approval;

I
Inspects mobile plant upon delivery, oversees any relative

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commissioning and testing and certify compliance in full to the
relative contract specifications

vi.

vii.

E V
Keep and maintain the necessary files and correspondences as
required.

If necessary and if approved by the Contracting Authority and/or the

Central Government Authority, issue Variation Orders.

viii.

ix.
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Issue claims whenever the works contractor are in default of any
delays or not compliant to the tenders’ specifications and conditions

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(including the contract general conditions (e.g. FIDIC model)).

The services will cover the following main phases:

• Land preparation and Pre-construction phase;
• Construction phase;

x.
•

E R
Post-construction phase, including tests upon completion,
and final certification

The Engineer’s authority in the contracts shall be defined by the

conditions of the works contract. In his role as the FIDIC Engineer,
or similar, the relative duties and authority shall be limited to the

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extent that the Contractor under this contract shall be obliged to
seek the Contracting Authority’s specific approval in respect of, but
not necessarily limited to the following:

E N •
•
•
•
•
Delegation of duties and authority;
Approval of sub-contractors;
Approval of extension of time for completion of works;
Suspension of work;
Prolonged suspension;

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• Variations and Adjustments;

The aim of the stated limitations is to ensure that the

administration of the works contract shall be compliant to the
Public Contracts Regulations, 2005 as well as safeguard the
Contracting Authority’s interest in meeting its obligations under the
EU co-financing agreement.

xi. Being the fulcrum of all exchange of correspondence, the roles and
duties of the Employer’s Representative encompass the provision
and support of all necessary and relevant documentation (including
those of a preparatory, case building, technical & justification
nature) necessary to assist the Employer in any or all of the
following circumstances:

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 • Appointment of Dispute Adjudication Board
• Failure to agree DAB
• Obtaining DAB decision
• Amicable Settlement
• Arbitration
• Failure to Comply with DAB's Decision
• Expiry of DAB Appointment

as per FIDIC Red form of Contract, or similar forms of contract, for

the determination and settlement of claims and disputes.

xii. Defect notification period:

The Contractor shall be available during the period following
Commissioning and Project Closure for another period of 24 months
to certify defects, remediation works, re-testing (if any) and the

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release of retention moneys to the DBOT contractor/s. To this
effect the Performance Guarantee shall remain valid until the final
performance certificate, including the defects notification period, is

E
issued

I
The contractor is expected to respond (this includes if necessary the
need to be present in Malta) to a request made in this period within
5 calendar days from when the request is made by the final

V
beneficiary.

c. Taking into consideration the complexity of this project the Engineer shall

E
ensure that he is available at all times via email and telephone. Moreover he is
expected to be present or represented on site on a daily basis for at least 2 hours
per day, 5 day week.

d.

e.

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The Engineer shall also allow for lengthy meetings (occasionally full day
duration) on site as and when required by the Employer.

The Engineer shall be requested to record his attendance and presence on

site by means of a palm reader. A penalty of one hundred Euros (€ 100) per day
which the Engineer is not present on site will be charged and hence deducted from
the bill.

f.
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In cases where the Engineer needs the prior agreement/approval of The

E
Contracting Authority (defined as the Employer in the FIDIC model) before making a
decision in the contract (in accordance with these TORs and the Special Conditions
of the Works Contracts) all the related contacts between the Engineer and the
Employer shall be “in house” and such decisions shall be communicated to the

g.
D
Contractor exclusively by the Engineer.

The Contracting Authority will further monitor, co-operate for the

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supervision and will act on any matter related to the Contracts. Irrespective the
involvement of the staff of Contracting Authority in the supervision activities, The
Contracting Authority shall not deal directly with the Contractor. The Engineer shall

E
act on behalf of the Employer towards the Contractor in any matter related to the
contracts.

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4.2.1

(i)
General performance requirements

The Contracting Authority shall be involved in these activities of this project to:
•
•
Ensure agreement on the main decisions regarding the project;
Achieve a transfer of knowledge from the Consultant to The Contracting
Authority’s staff

(ii) A cooperation mechanism with The Contracting Authority for the efficient
management of project shall therefore be developed by the Consultant on the basis of the
following principles:

• Consultation: The Contracting Authority shall be consulted for the main

technical decisions in the contract
• Know-how transfer: The Contracting Authority’s staff shall be involved as

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 much as possible together with the Consultant’s staff.
• Efficiency: The mechanism of co-operation with The Contracting Authority
will be developed in the most efficient manner to ensure a sound implementation of
the project. The mechanism shall be particularly designed to avoid any delay or
discontinuity in the decision making process and avoid any possible dilution of the
Consultant’s responsibility.

(iii) Upon termination of the contract, proofs, films and all material produced will
become the property of The Contracting Authority. The Consultant has the obligation of
packing and transporting the finished goods, which must be in good order and condition, not
later than three (3) working days of finalisation of service. The Consultant has the
obligation of storing, compiling and submitting all material to The Contracting Authority.
Final payment due will be withheld before all material required is submitted.

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(iv) Where data is deemed important and does not exist or is not available, the
Consultant is to collect data sufficient to enable completion of the assessment. Any
assumptions must be justified. If external or foreign data is used a correction factor

E
applicable to local conditions is to be applied. Research and data collection shall be the

I
responsibility of the Consultant. The Contracting Authority shall not accept delays in
submission of deliverables, and/or the incompleteness of such deliverables due to
insufficient data available and/or provision of such data.

4.3 - Project Management

4.3.1 Responsible Body

E V
R
The final beneficiary which will be responsible for managing the contract / project is the Ministry
for Resources and Rural Affairs (MRRA) represented by WasteServ Malta Ltd (The Contracting
Authority/The Employer).

4.3.2 Management Structure

P
The Contracting Authority has its own Board of Directors. The Company’s senior management team

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consists of the Chief Executive Officer (CEO), Chief Financial Officer (CFO), Chief Operations Officer
(COO) and the Chief Projects Manager (CPM). The middle management consists of the Operations
Executive and the Contracting Executive. Subordinates include technical/expert, administrative,

E
operative and support staff.

The basic management structure of this contract and project (eg, planning, and day-to-day decision

D
making processes) will be managed by project team within the Contracting Authority which will
directly respond to the Chief Projects Manager (CPM).

This unit acts in consultation with the, Chairman, the Chief Executive Officer as well as the Board

4.3.3
of Directors.

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

Facilities are to be provided as specified in sections 6.2 and 6.3 of this tender document.

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5. Logistics and Timing

5.1 – Location

The location of the operational base for the preliminary phase of the project is to be at the
discretion of the Consultant. Once the works on site phase begins, the operational base should be
set up within the project development site.

5.2 - Commencement Date & Period of Execution

The date for commencing performance shall be within 3 month of the last signature of this contract

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 by both parties and shall be determined by an administrative order issued by the Final Beneficiary.
The Contractor shall be allowed a maximum of ten (10) calendar days to mobilise and set-up all his
administrative and logistical requirements and he shall be expected to be fully operational
thereafter.

The intended commencement date is as per the time plan included in Appendix C of these Terms of
Reference and the period of execution of the contract shall be (69) months from this date.

An indicative time plan of the major milestones and deliverables is included in Appendix C. The
Consultant shall propose his binding time schedule meeting all the Requirements of these TORs in
his Organisation and Methodology document forming part of his bid. The Consultant’s proposed
time plan is part of the evaluation criteria. The Consultant’s Time Plan included in the tender’s
offer should clearly identify and match the milestones as per the schedules of payments of Article
7.2 of the Service Contract (Part B of the tender document). The approved time plan will be
attached to the contract and will be used as a tool to determine and quantify any deviations and/or

W
delays from the approved programme, and in such events Article 7.6 of the Service Contract shall
be applicable.

6. Requirements
(i)
(ii)
To achieve the specific and overall objectives of the project.

I E
This Contract shall be carried out by qualified experts with in-depth experience in the area

(iii) V
of municipal services, bio waste management and treatment technology, engineering design,
project appraisal, procurement, Environmental Impact Assessment, project management and EU
Cohesion Funding.

E
As the ruling language of the project is English, all team members assigned by the
Consultant must possess proficiency in English (passive, speaking and writing).
(iv) The Consultant is encouraged to co-operate with and/or employ national experts and
consultants, as appropriate.

6.1 – Personnel

6.1.1 Other Experts

P R
E R
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
the Organisation & Methodology and these Terms of Reference. These profiles must indicate
whether they are to be regarded as long-term/short-term, international/local and senior/junior.

D
The Consultant is free to propose whatever team falls under this category of “other experts” as
long as he considers it appropriate for the provision of the required services in terms of staff

a.

E N
expertise. However, as a minimum, the Consultant is expected to have available the following
“other experts”:

A warranted legal advisor (being it either a law firm or an individual) and FIDIC expert to
assist the project team during tender preparation, tender clarifications and project implementation

T
particular in interpreting and providing legal advice in relation to the tender document formulation,
the Works’ Contractor/s bid/s, and any written correspondence between the Contracting Authority,
the Consultant and the Works’ Contractor/s. This legal advisor should also have in depth knowledge
and experience of the local procurement regulations in particular LN 296/2010. Computer literacy
(MS Office) and proficiency in written and spoken English are required. The individual is requested
to have at least 5 years of continuous experience in the period immediate prior to the submission of
this tender document.
b. A local warranted mechanical/electrical engineer to assist in the M&E and building services
specifications during tendering preparation, tender clarification and project implementation eg
certification and verification as necessary. Computer literacy (MS Office) and proficiency in written
and spoken English are required. The individual is requested to have at least 5 years of continuous
experience in the period immediate prior to the submission of this tender document.
c. For the purposes of completing the EU Cohesion Fund Application Form the Consultant shall
have available an Environmental Engineer or a professional in a related field to cover the
environmental aspects of the Application From. The individual shall have experience in

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 environmental impact assessment and assessment of waste management facilities and traffic
studies. Computer literacy (MS Office) and proficiency in written and spoken English are required.
Familiarity with EIA for solid waste treatment plants is a requirement. The individual is requested
to have at least 5 years of continuous experience in the period immediate prior to the submission of
this tender document.
For the purposes of this contract, international experts are considered to be those whose
permanent residence is outside the beneficiary country while local experts are considered to be
those whose permanent residence is in the beneficiary country.

The Consultant should pay attention to the need to ensure the active participation of local
professional skills where available, and a suitable mix of international and local staff in the project
teams. All experts must be independent and free from conflicts of interest in the responsibilities
accorded to them.

The selection procedures used by the Consultant to select these other experts shall be transparent,

W
and shall be based on pre-defined criteria, including professional qualifications, language skills and
work experience. The findings of the selection panel shall be recorded. The selection of experts
shall be subject to approval by the Contracting Authority.

I E
Note that civil servants and other staff of the Public Service of the beneficiary country cannot be
recruited as experts. See sub-article 9.5 of the General Conditions

6.2 – Accommodation

E V
For the purposes of the pre-Works Contract, pre-construction activities (mainly Tasks 1 to 7) and
during the Defects Notification Period, all office accommodation required is to be provided by the
consultant.

The Consultant shall provide and maintain:

1.

P R
all other office facilities such as secretariat, IT equipment, printers/plotters, faxes,
telephones, telephone lines, network connections/infrastructure, Internet access, photo
copiers;
2. transportation,
3. accommodation etc.

R
that he may require for the performance of the contract.

E
For the purposes of the Construction Activity (Task 8, i.e. Project Management), office
accommodation is to be provided on site by the successful Works’ Contractor/s. This shall consist

D
of a temporary/mobile site office for the Consultant and his staff. Specific details of the
accommodation and facilities including cleaning services required, if any, should be specified by the
Consultant when preparing the Works’ Tender. However the Consultant shall provide and maintain:

N
1. all other office facilities such as secretariat, IT equipment, printers/plotters, faxes,
telephones, photo copiers;
2. transportation,

E
3. accommodation etc.
that he may require for the performance of the contract. The Consultant is not allowed to
include any of these 3 requirements in the Works’ Tender/s.

T
All equipment and/or furniture purchased by the Contracting Authority and/or provided by the
Works’ Contractor shall be transferred in good condition to the Contracting Authority at the end of
the project.

6.3 - Facilities to be provided by the Consultant

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

The Consultant is responsible for organising the project office space provided by The Implementing

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 Agency, such as to provide:
- a working environment for members of the Consultant’s staff, and
- to allow working groups of up to four-six people to operate from time to time, as
necessary.

The Consultant will ensure that all members of the Consultant’s team are equipped with adequate
computing, all the necessary IT hardware and ancillary equipment such as printers, document
processing, electronic mail facilities, fax machines and mobile phones. Also he must provide
appropriate equipment for site recording (photographs/videos).

During the project period, the Consultant shall be responsible for:

- Provision of related office equipment, office supplies, hardware and software
equipment in order to make the office fully operational
- Any communication expenses (fax, e-mail, phone, etc.)
- Provision of secretariat

W
- Any cost incurred in document reproduction and printing

The Consultant will be responsible for his own equipment.

I E
If the Consultant 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.

specified in these Terms of Reference.

6.4 – Equipment
E V
The Consultant will be expected to arrange and pay for all local administrative and logistical
support services, data acquisition and any other services required in order to perform the Services

P R
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

E R
Please refer to Article 24 of the Special/General Conditions

D
Interim progress reports must be prepared every six months during the period of execution of the
contract. They must be accompanied by a corresponding invoice.

There must be a final progress report and final invoice at the end of the period of execution. The

N
draft final progress report must be submitted at least one month before the end of the period of
execution of the contract. Note that these interim and final progress reports are additional to any

E
required in Section 4.2 of these Terms of Reference.

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7.1.1 – General Reporting

The Consultant shall prepare and submit the following reports in both soft and hard copy (twofold)
in the English language. All submissions, including annexed maps, drawings, photos, reports, etc.,
shall be suited for reproduction.

The following general reports will cover all the project activities and will point to all the results
achieved by the Consultant:

a. Inception Report within 3 weeks from Commencement Date of the services

outlining, in addition to the activities performed:
i) detailed work plan and timetable for achieving the Contract objectives;
ii) detailed methodology for carrying out Services;

b. Progress Report every month. Progress reports should be short and concise and
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 shall include general information on progress of the works. Payments will be withheld if not
supported by Progress Reports.

c. Interim Reports- within two weeks of the end of every 3 (months) after the
Commencement Date. Interim Reports should be mostly in tabular format, should be short
and concise and shall include in particular:
1. evidence of the works executed during the reporting period;
2. general information on progress of the works;
3. information on problems encountered and corrective actions undertaken;
4. the work plan for the Consultant’s experts for the next reporting period

d. Claims Report – In the event of contractual claims raised by any of the parties to
the contract, a Claims Report shall be prepared on a monthly basis and shall include in
particular:
1. the circumstances giving rise to the Claim;

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2. an assessment of the contractual and financial implications arising out of
the claims;
3. the status of the claims in terms of the exchange of information

E
between the parties;

I
4. the projected total value of the Works Contract in consideration of the
claims;
5. any other specific requirement of the Contracting Authority;

e.

- Feasibility study with CBA

- Project implementation and financing plan
- Project procurement plan
E V
Working Papers - presenting the outcome of the main tasks of the project:.
- Planning framework

f.

g.
Cohesion Fund Application

P R
Final Report - at the end of the services, and not later than 4 weeks from the
expiry date of this contract i.e. after issuing of the Defects Liability Certificate or
Performance Certificates by the Engineer. The Final Report will contain in particular:
1. the overall development of the project, the critical problems

R
encountered the achievement of the specific and overall objectives, as well
as the recommendations for the future development;

E
2. full description of the works progress and compilation of outputs of all
Interim Reports;
3. financial analysis of the works contract;
4. results relating to review and approvals of as–built documentation;

D
5. critical analysis of all major problems encountered and corrective
actions taken;
6. a financial analysis of this Contract.

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A draft final report shall be submitted 1 month before completion of this contract.

E
T
7.1.2 Special Reports – Supervision Reports

The Consultant shall prepare the following reports:

a. Weekly Inspections Reports - over the construction period;

b. Construction Supervision Quality Plan – To be submitted prior to the Contractor

commencing work on site. The document shall be an integral part of the Consultant’s
quality system and shall include sections on:
(i) contract details
(ii) organisation and responsibility
(iii) scope of work
(iv) reference documents
(v) project program
(vi) checking and approval procedures
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 (vii) off site testing and approval procedures
(viii) site visit procedures
(ix) on site inspection procedures
(x) commissioning procedures
(xi) quality system audits
(xii) details of system for project site reports
(xiii) other applicable procedures and standards

c. Monthly Progress Reports (before the tenth day of the next month), pointing to:
(i) Summary of the works carried out in each contract including the
design review, construction, testing, erection and commissioning of plant
and equipment;
(ii) The rate of progress against the Work Programme (bar chart
monitoring);

W
(iii) Potential delays and associated time or cost consequences (if any);
(iv) The quality of the works- against the contract requirements;
(v) Materials approved and/or rejected by the Engineer;

E
(vi) Variation works approved by the Contracting Authority and/or

I
Central Government Authority;
(vii) Outstanding claims from the Contractors;
(viii) Summary of the applications for payment received and of the

V
amounts consequently certified by the Engineer;
(ix) Updated cash flow estimation for the forthcoming 6 months;
(x) The main decisions taken in the site meetings;

E
(xi) The Minutes of the Site Meetings and the photo registrations shall
be annexed to the reports.

R
These reports will underline any:
(xii) Special problems encountered;
(xiii) Lack of compliance with the contract requirements from the

P
Contractor;
(xiv) Change of the assumptions / conditions /design / works that
appeared to be necessary during the implementation of the works;
(xv) Conflict/ disagreement with The Implementing Agency, particularly
on the major decisions where the written agreement of The Implementing

d.
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Agency is required;

E
Design Review Reports - within 2 months from commencement of the Consultant's
services, after completion of the review of the Contractor’s documents for Works Contracts
(according to FIDIC or similar);

e.

D
Payment claim reports providing the information and the supporting documents to
be submitted to the Contracting Authority with the regular payment applications. The
reports will be presented and delivered quarterly, within two weeks after each quarter;

f.

E N
Comprehensive Annual Reports detailing the development of the works over the
passed year, including but not limited to the following:
(i) The overall progress of the works against the contract provisions

T
(ii) The quality of the works and their suitability for the purpose (as
defined in the Contract)
(iii) The overall performance of the Contractor/s

g. Variation Reports (IF REQUIRED)- whenever a variation has, according to these

TORs, to be approved by the Contracting Authority and/or the Central Government
Authority, and shall include in particular:
(i) the circumstances giving rise to the Variation;
(ii) the nature and relative details of the Services to be undertaken in
the Variation;
(iii) the total projected value of the Variation if not yet determined;
(iv) the final determined value of the Variation;
(v) any other specific requirement of the Contracting Authority;

h. Taking Over Reports within one month after the issuance of the Taking Over

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 Certificate, including the certified as-built drawings, outlining the main taking-over findings
and pointing to the achievement of the Contract objectives and the Contractor's overall
performance;

i. Performance Reports twice a year (after each regular inspection/testing

presenting the Consultant's findings;

7.2 - Submission & approval of progress reports

Three (3) hard copies and soft copies of the progress reports referred to above must be submitted
to the Chief Projects Manager within the Contracting Authority or his assigned representative.
Submitted soft copies must be in reproducible format. The progress reports must be written in
English. The Chief Projects Manager or his assigned representative is responsible for approving the
progress reports.

8. Monitoring and Evaluation

E W
I
8.1 - Definition of Indicators

During the period of this service contract, the Contracting Authority and the Consultant must keep

V
an updated view of the progress made in the execution of this tender so that a quantitative
comparison with all tasks described in this document can be made. It will be necessary that the
Contracting Authority is able to evaluate the qualitative result of the work being carried out.

E
In order to do this, each potential bidder is requested to propose important milestones in different
stages of the project against which the Consultant will be assessed by the Contracting Authority.

R
That is the actual progress of the contract will be monitored against the pre-defined and agreed
milestones.

P
Furthermore, the Contracting Authority will utilize the following impact indicators in order to
monitor the Consultant:

R
1. Punctuality in preparing the requested Reports and documents
2. Successful submission on time of the Cohesion Fund Application Form to the to the
Managing Authority

E
3. Successful launching and publication on time of all tender documents required and
related to the implementation of the state of the art Biological Treatment plant in the
Island of Gozo,

D
4. Works contracts development and completion assessed in terms of time, quality,
costs and suitability for the purpose.

Visible outputs

1.
2.
3.
E N
The following outputs will be monitored:
The various reports required in the section 7 above
Studies, surveys and investigations
Minutes of meetings

T
4. Site records (for controls / inspections / testing), including notifications issued to
the Contractors;
5. Interim Payment Certificates
6. Taking – Over Certificates
7. Performance Certificates
8. Any other relevant documentation

8.2 - Special Requirements

None

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 Appendices

Table of Contents

APPENDIX A - Sample Work Plan

APPENDIX B - Draft TOR’s – EIA for BT Gozo

E W
APPENDIX C - Sample timeplan/Gannt chart

V I
E
P R
E R
APPENDIX
D A
E N
T

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 APPENDIX B E W
V I
E
P R
E R
D
E N
T

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 E W
APPENDIX CV
I
E
P R
E R
D
E N
T

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VOLUME 3 SECTION 2 – TENDERER’S TECHNICAL OFFER (ORGANIZATION &
METHODOLOGY)

To be completed by the tenderer

DIRECT COPYING FROM THE TERMS OF REFERENCE WILL NOT BE ACCEPTED

1. METHOD STATEMENT


objectives on a task by task basis.

E W
A detailed description of the proposed activities considered to be necessary to achieve the contract

I
The activities shall be described in as minute a detail as possible such as to demonstrate the
Tenderer’s knowledge and experience in all areas, as these shall be applied towards achieving the
contract objectives.

2. STRATEGY

 An outline of the approach proposed for contract implementation.

E V




The related inputs and outputs R
The sequencing of the proposed activities considered to be necessary to achieve the contract
objectives

P
In the case of a tender being submitted by a consortium, a description of the input from each of the
consortium partners and the distribution and interaction of tasks and responsibilities between them

R
 In the case that both local and foreign experts, or foreign experts only, are contracted for the
achievement of the contract objectives, details of the time inputs and location (locally or in the
home country) for each activity


E
A description of sub-contracting arrangements foreseen, if any and within the limit indicated in
clause 3 of the Instructions to tenderers, with a clear indication of the tasks that will be entrusted to
a sub-contractor and a statement by the tenderer guaranteeing the eligibility of any sub-contractor

D
3. RATIONALE

E N
Any comments on the Terms of reference of importance for the successful execution of activities,
in particular its objectives and expected results, thus demonstrating the degree of understanding of
the contract. Any comments contradicting the Terms of reference or falling outside their

T
scope will not form part of the final contract
 An opinion on the key issues related to the achievement of the contract objectives and expected
results
 An explanation of the risks and assumptions affecting the execution of the contract

4. TIMETABLE OF ACTIVITIES

 The timing, sequence and duration of the proposed activities, taking into account mobilisation time

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  The identification and timing of major milestones in execution of the contract, including an
indication of how the achievement of these would be reflected in any reports, particularly those
stipulated in the Terms of reference

5. RESOURCES

 The bidder must demonstrate how through the use of his resources he will achieve timely delivery
of the tasks Identified under this tender
 The bidder must demonstrate how through the use of his resources and expertise he will ensure
the quality of the tasks Identified under this tender.

E W
V I
E
P R
E R
D
E N
T

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 EVALUATION GRID (Award criteria: MEAT)
Note: The evaluation grid does not contain any scorings, since the technical evaluation will be
assessed by means of the “Pairwise Comparison Method”. This is to be read in conjunction with
Organisation and Methodology

Tender No 1 Tender No 2 Tender No 3 Tender No 4

Criterion Acceptable/ Acceptable/ Acceptable/ Acceptable/ Remarks

Not Acceptable Not Not Not Acceptable
Acceptable Acceptable

Technical capacity (in order of Priority)

Method

W
1.
Statements
2. Strategy

3. Rationale

Time table of
I E
V
4.
Activities

5. Resources

E
P R
E R
D
E N
T

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 VOLUME 4 - FINANCIAL BID

(GLOBAL PRICE CONTRACT)

Global price for EPCM Consultancy Services for the design, EIA, contracting and
managing a project for the construction and operation of a Biological Treatment plant
in Gozo as outlined in the Tender Document, Advert Number ........../.........:

FINANCIAL BID BREAKDOWN

Item Description of Service

W
Amount in

E
EUROS

I
excluding VAT

Task 1

Task 2
Establish Planning Framework

Feasibility Study
E V
€

Task 3

Task 4
Cost Benefit Analysis

P R
Project Implementation Plans and Documents
€

Task 5

Task 6
(PROVISIONAL)

E R
Environmental Impact Assessment / Statement

Cohesion Fund Application

€

Task 7

D
Tendering and Procurement €

Task 8

E N
Project Management and Supervision

Contingency (fixed by the Contracting Authority)

€

€ 75,000

T GRAND TOTAL

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