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PROVISION FOR THE LEASING OF MULTI-FUNCTION, ENEREGY ...€¦ · Colour / Black and White Network...

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IMPORTANT NOTE Tender Guarantee Tender Guarantee (Bid Bond) must remain valid for a period of 90 days after the deadline for submission of tenders. Prospective Bidders are to note that the original copy of the Tender Guarantee (Bid Bond) is to be submitted by hand or by post at the Department of Contracts, Notre Dame Ravelin, Floriana FRN1600, every working day from Monday to Friday (excluding Public Holidays) up to the date indicated in clause 2 of the tender document from 08:30hrs to 12:30hrs. Prospective Bidders are to ensure that when delivering the original copy by hand they are given a receipt. Submission of e-tenders If a tender needs to be submitted by an MFSA-registered organisation and other Economic Operators who qualify as per Terms of Use of the ePPS, users need to log into the ePPS with the organisation eID. EPPS users holding a sole trader account are kindly reminded that their account can only be used to submit tenders under their sole trader’s name and not on behalf of any other organi sation. In case a tender needs to be submitted by a Joint Venture/Consortium, an account needs to be created through the ePPS for the Joint Venture/Consortium and only this account must be used to submit the tender. In the case where a person requires to submit a tender on behalf of an entity, which may be an organisation or Joint Venture/Consortium, the submission must be performed through the account of the entity. The latter must assign the person an account to perform the submission on its behalf, if the person is not already assigned. The entity will be considered as the economic operator submitting the tender. Economic Operators are reminded that Account registration for Sole Traders and Joint Ventures/Consortia is directly through the ePPS at www.etenders.gov.mt while MFSA-registered organisations and other Economic Operators who qualify as per Terms of Use of the ePPS must register through the MyGov website at www.mygov.mt . Prospective Bidders are reminded that when submitting more than one option for a particular CfT, they should submit multiple tenders. Prospective Bidders are reminded to follow the above instructions and other instructions in the Terms of Use of the e-procurement system and the Manual for Economic Operators available under the ‘Help’ tab of the epps homepage. The Department of Contracts reserves the right to disqualify Economic Operators who do not abide by the above instructions. Submission of Financial Offer Tenderers must quote all components of the price inclusive of taxes/charges, customs and import duties and any discounts BUT excluding VAT. VAT shall be paid in accordance with the current VAT regulations.
Transcript
Page 1: PROVISION FOR THE LEASING OF MULTI-FUNCTION, ENEREGY ...€¦ · Colour / Black and White Network Photocopiers. The provision of these supplies shall be in accordance with the terms

IMPORTANT NOTE

Tender Guarantee

Tender Guarantee (Bid Bond) must remain valid for a period of 90 days after the deadline for submission

of tenders.

Prospective Bidders are to note that the original copy of the Tender Guarantee (Bid Bond) is to be

submitted by hand or by post at the Department of Contracts, Notre Dame Ravelin, Floriana FRN1600,

every working day from Monday to Friday (excluding Public Holidays) up to the date indicated in clause 2

of the tender document from 08:30hrs to 12:30hrs.

Prospective Bidders are to ensure that when delivering the original copy by hand they are given a receipt.

Submission of e-tenders

If a tender needs to be submitted by an MFSA-registered organisation and other Economic Operators

who qualify as per Terms of Use of the ePPS, users need to log into the ePPS with the organisation eID.

EPPS users holding a sole trader account are kindly reminded that their account can only be used to

submit tenders under their sole trader’s name and not on behalf of any other organisation.

In case a tender needs to be submitted by a Joint Venture/Consortium, an account needs to be created

through the ePPS for the Joint Venture/Consortium and only this account must be used to submit the

tender.

In the case where a person requires to submit a tender on behalf of an entity, which may be an

organisation or Joint Venture/Consortium, the submission must be performed through the account of the

entity. The latter must assign the person an account to perform the submission on its behalf, if the

person is not already assigned. The entity will be considered as the economic operator submitting the

tender.

Economic Operators are reminded that Account registration for Sole Traders and Joint

Ventures/Consortia is directly through the ePPS at www.etenders.gov.mt while MFSA-registered

organisations and other Economic Operators who qualify as per Terms of Use of the ePPS must register

through the MyGov website at www.mygov.mt.

Prospective Bidders are reminded that when submitting more than one option for a particular CfT, they

should submit multiple tenders.

Prospective Bidders are reminded to follow the above instructions and other instructions in the Terms of

Use of the e-procurement system and the Manual for Economic Operators available under the ‘Help’ tab

of the epps homepage.

The Department of Contracts reserves the right to disqualify Economic Operators who do not abide by

the above instructions.

Submission of Financial Offer

Tenderers must quote all components of the price inclusive of taxes/charges, customs and import duties

and any discounts BUT excluding VAT. VAT shall be paid in accordance with the current VAT regulations.

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REFERENCE NUMBER: MGA/05/2015

TENDER FOR THE PURCHASE AND MAINTENANCE OF

SIX [6] MULTI-FUNCTION, ENERGY-EFFICIENT, HIGH

VOLUME COLOUR NETWORK PHOTOCOPIERS

Date Published: 28th August 2015

Deadline for Submission: 25th September 2015 at 09:30am CET

Tender Opening: 25th September 2015 at 10:00am CET

Participation is free of charge

IMPORTANT:

No Bid Bond is requested for this tender

IMPORTANT Clarifications shall be uploaded and will be available to view/download from www.etenders.gov.mt

This e-tender does not require print-outs from this document. Please consider your environmental responsibility before printing.

MALTA GAMING AUTHORITY

TG Complex, Suite 1, Level 3, Brewery Street, Mrieħel, Birkirkara BKR 3000 Malta. Tel: (356) 2546 9000.

Email: [email protected]. Web: www.mga.org.mt

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TENDER FOR THE PURCHASE AND MAINTENANCE OF SIX [6] MULTI-FUNCTION, ENERGY-EFFICIENT, HIGH

VOLUME COLOUR NETWORK PHOTOCOPIERS Table of Contents SECTION 1 – INSTRUCTIONS TO TENDERERS .............................................. 5

1. General Instructions ..................................................................... 5

2. Timetable.................................................................................. 6

3. Lots ......................................................................................... 6

4. Variant Solutions ......................................................................... 6

5. Financing .................................................................................. 6

6. Clarification Meeting/Site Visit/Workshop ........................................... 6

7. Selection and Award Requirements .................................................... 6

8. Tender Guarantee (Bid Bond) .......................................................... 8

9. Criteria for Award ........................................................................ 8

SECTION 2 – EXTRACTS FROM THE PUBLIC PROCUREMENT REGULATIONS .......... 9

Right of Recourse - Regulation 21 of the Public Procurement Regulations ......... 9

SECTION 3 – SPECIAL CONDITIONS ........................................................ 10

Article 2: Law Applicable .................................................................. 10

Article 4: Communications ................................................................ 10

Article 7: Supply of Documents ........................................................... 10

Article 8: Assistance with Local Regulations ........................................... 10

Article 9: The Contractor’s Obligations ................................................. 10

Article 10: Origin ........................................................................... 10

Article 11: Performance Guarantee...................................................... 10

Article 12: Insurance ....................................................................... 10

Article 13: Performance Programme (Timetable) ..................................... 10

Article 14: Contractor’s Drawings ........................................................ 10

Article 15: Tender Prices .................................................................. 11

Article 16: Tax and customs arrangements ............................................. 11

Article 17: Patents and Licences ......................................................... 11

Article 18: Commencement Order ....................................................... 11

Article 22: Variations ...................................................................... 11

Article 24: Quality of Supplies ............................................................ 11

Article 25: Inspection and Testing ....................................................... 11

Article 26: Methods of Payment .......................................................... 11

Article 28: Delayed Payments ............................................................ 11

Article 29: Delivery ......................................................................... 12

Article 31: Provisional Acceptance ....................................................... 12

Article 32: Warranty ....................................................................... 12

Article 33: After-Sales Service ............................................................ 12

Article 35: Breach of Contract ............................................................ 12

Article 41: Dispute Settlement by Litigation ........................................... 12

SECTION 4 – TECHNICAL SPECIFICATIONS/TERMS OF REFERENCE (Note 3) .......... 13

4.1 Scope and Overview of Contract .................................................... 13

4.2 General Obligations and Requirements ............................................. 13

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SECTION 5 – SUPPLEMENTARY DOCUMENTATION ...................................... 17

5.1 – Draft Contract Form ................................................................. 17

5.2 – Glossary ................................................................................ 17

5.3 – Specimen Performance Guarantee ................................................ 17

5.4 – General Conditions of Contract .................................................... 17

Financial Offer / Bill of Quantities ....................................................... 18

~~~~~~~~~~~~~~~

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SECTION 1 – INSTRUCTIONS TO TENDERERS

1. General Instructions 1.1 In submitting a tender

1, the tenderer accepts in full and in its entirety, the content of this

tender document, including subsequent Clarifications issued by the Central Government Authority/Contracting Authority (CGA/CA), 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. These Instructions to Tenderers complement the General Rules Governing Tenders version 1.12 dated 11 February 2015 (available from www.etenders.gov.mt under ‘Resources’). 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. Prospective tenderers must submit their response to this tender online, at www.etenders.gov.mt, by completing the prescribed tender response format using the Tender Preparation Tool (TPT) provided by the System. Please note that the TPT was recently updated. This means that anyone who has downloaded the TPT in the past will need to download this tool again. If this is not done, the tender package, created using the old version of the tool, will not be accepted by the etenders portal. Therefore, to avoid the inconvenience of having the tender package rejected, please make sure that you fill in the tender structure using the latest version which can be downloaded from the http://www.etenders.gov.mt portal. In case of any discrepancy between the requirements contained in this document and those in the tender response format, the latter shall prevail. Prospective tenderers take full responsibility to submit their electronic tender response (offer) well before the tender submission deadline in order to avoid last minute upload restrictions. Tender offers must be fully uploaded / accepted by the ePPS prior to the deadline for submission of offers, that is, tenders in transit upon tender submission deadline will be rejected.

1.2 The subject of this tender is the purchase of six [6] Mutli-Function, Energy-Efficient High Volume

Colour / Black and White Network Photocopiers. The provision of these supplies shall be in accordance with the terms of reference as detailed in this tender document.

1.3 The place of acceptance of the supplies shall be the MGA premises situated at SCM002, 4

th Floor,

SmartCity Malta. The time-limits for delivery shall be four [4] weeks from signing of contract, and the INCOTERM

2010 applicable shall be Delivery Duty Paid (DDP).

1.4 This is a unit-price contract.

1.5 This call for tenders is being issued under an open procedure.

1 Unless otherwise indicated, a tender offer above 100MB will not be accepted by the system (ePPS)

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2. Timetable

DATE TIME

Workshop (Refer to Clause 6.2) Refer to 6.2 -

Deadline for request for any additional information from the Contracting Authority Clarifications to be sent either:

Online from www.etenders.gov.mt or

Via email on [email protected]

4th September 23.00

Last date on which additional information are issued by the Contracting Authority

11th September 16.00

Deadline for submission of tenders (unless otherwise modified in terms of Clause 10.1 of the General Rules Governing Tendering)

25th September 09.30

Tender Opening Session (unless otherwise modified in terms of Clause 10.1 of the General Rules Governing Tendering)

25th September 10.00

* All times Central European Time (CET)

3. Lots

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

4. Variant Solutions

4.1 No variant solutions will be accepted. Tenderers must submit a tender in accordance with the requirements of the tender document.

5. Financing

5.1 The project is financed from local budget funds.

6. Clarification Meeting/Site Visit/Workshop

6.1 No clarification meeting/site visit is planned.

6.2 Prospective tenderers may register to attend a workshop that will be organised in collaboration with the Centre for Development, Research and Training at San Salvatore Bastion, Sa Maison Road, Floriana FRN1610. During this workshop, prospective tenderers will be given the opportunity to familiarise themselves with the new electronic tendering procedure. Prospective tenderers are to register themselves to attend this workshop by sending an email on [email protected] with the name, surname, role within the organisation, and contact details (telephone and email address) of the nominated person. Only one person will be allowed to participate for each prospective tenderer.

7. Selection and Award Requirements

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

(A) Eligibility Criteria

(i) No Bid Bond is required.(Note 1)

(ii) Declare agreement, conformity and compliance with the General Rules Governing Tendering Version 1.12 dated 11 February 2015 in the Tender Response Format

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(available from www.etenders.gov.mt) (iii) Declare agreement, conformity and compliance with the provisions of the Tender’s

Declaration in Tender Response Format.

(iv) Declare agreement, conformity and compliance with the provisions of the Statement on Conditions of Employment in Tender Response Format.

In the Case of Works/Supplies

(iv) Declare agreement, conformity and compliance with the provisions of the Statement on Conditions of Employment in Tender Response Format. Please also attach the minimum hourly workers’ costs involving the provision of the employees’ services.

(Note 2)

In the Case of Services

(v) Power of Attorney (if applicable) (Note 2)

(vi) Data on Joint Venture/Consortium (if applicable) (Note 2)

(B) Selection Criteria

Financial and Economic Standing

(i) No evidence of financial and economic standing is required

Proof of Technical Capacity

(ii) Meet the following minimum requirements:

1. Sample printouts in colour and grey-scale in any of the possible machine preset setting will be requested during the adjudication stage, and these will need to be submitting within six [6] working days of being notified to do so. Samples are not subject to rectifications.

2. The MGA reserves the right to request demos of each machine quoted in the invitation

to tender.

3. Tenderers must upload a technical specification sheet of the proposed equipment as described in Section 4, Technical Specifications, Article 4.3 of this tender document

4. Provide data concerning subcontractors and the percentage of works to be

subcontracted as per Form marked Sub-contracting to be submitted online through the prescribed Tender Response Format and by using the Tender Preparation Tool provided.

(Note 2)

5. A list of the key experts and other staff proposed for the execution of the contract as

per Form marked Key Experts to be submitted online through the prescribed tender response format (tender structure).

(Note 2)

Public employees may be recruited as experts as long as it is ascertained through the attached self-declaration; that they do not fall in any of the provisions laid down in the Public Administration Act - Chapter 497 of the Laws of Malta (First Schedule Code of Ethics Article 5). This self-declaration is to be endorsed by all Key Experts (who are also Public Employees).

(Note 2)

The Evaluation Committee reserves the right to request the tenderers to substantiate their claims in respect to the staff proposed by requesting CVs of key staff, signed Declarations of Exclusivity and Availability and signed Self-Declaration (relating to conflict of interest) forms during the evaluation stage.

6. Tenderers must provide a maintenance agreement, meeting the Service Level

Agreement specifications as listed in Section 4, Technical Specifications, Article 4.3.5 of this tender document. Tenderers must confirm availability of toners for a period of 60 months as part of this maintenance agreement. The maintenance agreement will be costed on a pay per print model.

Page 8: PROVISION FOR THE LEASING OF MULTI-FUNCTION, ENEREGY ...€¦ · Colour / Black and White Network Photocopiers. The provision of these supplies shall be in accordance with the terms

(C) Technical Specifications

(i) Tenderer’s Technical Offer in response to specifications to be submitted online through the prescribed Tender Response Format and by using the Tender Preparation Tool provided including any drawings if applicable.

(Note 3)

The tenderer must confirm conformity with all terms of references.

(D) Financial Offer

(i) A financial offer calculated on a basis of Delivered Duty Paid (DDP)2010

for the supplies tendered as per Tender Response Format. [inclusive of spare parts/after-sales services/maintenance/training as applicable]

(Note 3)

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

(Note 3)

(iii) For the purposes of calculating the maintenance agreement the MGA will be using the following estimates for black and colour prints. These values should not be considered as a commitment by the authority of any kind.

Black and White Prints 200,000 prints Colour Prints 150,000 prints

Notes to Clause 7.1:

1. Tenderers will be requested to clarify/rectify, within five working days from notification, the tender guarantee only in the following two circumstances: either incorrect validity date, and/or incorrect value.

2. Tenderers will be requested to either clarify/rectify any incorrect and/or incomplete documentation, and/or submit any missing documents within five working days from notification.

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

8. Tender Guarantee (Bid Bond)

8.1 No tender guarantee (bid bond) is required. 9. Criteria for Award

9.1 The sole award criterion will be the price. The contract will be awarded to the cheapest priced tender satisfying the administrative and technical criteria.

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SECTION 2 – EXTRACTS FROM THE PUBLIC PROCUREMENT REGULATIONS

Right of Recourse - Regulation 21 of the Public Procurement Regulations

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

1) Where the estimated value of the public contract exceeds twelve thousand euro (€12,000) and is issued by an authority listed in Schedule 1, any tenderer or candidate concerned shall have a right to make a complaint to the Review Board in accordance with this regulation.

2) (a) The contracting authority shall be obliged to issue a notice and affix an advertisement, in a prominent place at its premises, indicating the awarded public contract, the financial aspect of the award and the name of the successful tenderer. The contracting authority shall, by electronic means or by fax, inform the tenderer or candidate concerned of the publication of the award. The contracting authority shall be precluded from concluding the contract during the period allowed for the submission of appeals.

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

3) Any tenderer or candidate concerned who is aggrieved by the award indicated by the contract authority may, within five working days from the publication of the notice, file a letter of objection, together with a deposit, with the contracting authority, clearly setting forth any reason for his complaint. The deposit to be paid in respect of tenders valued at less than forty-seven thousand euro €47,000) shall be four hundred euro (€400), while those between forty-seven thousand euro (€47,000) and one hundred and twenty thousand euro (€120,000) shall be 0.5% of the estimated value of the tender, with a minimum deposit of four hundred euro (€400). The letter by the complaining tenderer shall be affixed on the notice board of the contracting authority and shall be brought to the attention of the recommended tenderer.

4) After the expiry of the period allowed for the submission of a complaint, the contracting authority shall deliver the letter of complaint, the deposit receipt and all documents relating to the public contract in question to the Review Board who shall examine the matter in a fair and equitable manner. In its deliberation the Review Board shall have the authority to obtain, in any manner it deems appropriate, any other information not already provided by the contracting authority. The Review Board shall determine the complaint by upholding or rejecting it. The written decision of the Review Board shall be affixed on the notice board of the contracting authority and copies thereof shall be forwarded to the Director of Contracts and all the parties involved.

5) (a) Any tenderer or candidate who feels aggrieved by a decision taken by the Review Board may appeal to the Court of Appeal (Superior Jurisdiction) as constituted in accordancee with article 41(1) of the Code of Organization and Civil Procedure by means of an application filed in the registry of that court within twenty calendar days from the decision on which that decision has been made public.

(b) A copy of the appeal application shall be served on the Contracting Authority and on the recommended tenderer, if any, who may file a written reply within twenty days from the date of service.

(c) The Court of Appeal shall set down the cause for hearing at an early date, in no case later than two months from the date on which the appeal is brought before it and shall cause notice of such date to be given to the parties who, on their part, shall assume the responsibility to visit the court registry and be aware of the latest information regarding the appointment for the hearing of the case.

(d) After appointing the application for hearing, and after listening to the oral submissions made by all

parties, the Court shall decide the application on its merits, within the shortest time possible but not any later than four months from the day when the appeal had been filed and the parties have been duly notified. Pending the decision of the Court, the process of the call for tenders shall be suspended.

6) Tender documents issued in terms of this Part shall include a clause informing tenderers that the award of the contract is subject to the right of recourse as provided for in this regulation, a copy of which should be reproduced in the documents.

7) The Minister shall have the authority by order to extend the provisions of this regulation in order that recourse as provided in this regulation be made available also by authorities listed in Schedule 3 and to prescribe the procedure by which such recourse is to be granted.

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SECTION 3 – SPECIAL CONDITIONS

These conditions amplify and supplement, if necessary, the General Conditions governing the contract.

Unless the Special Conditions provide otherwise, those General Conditions remain fully applicable. The numbering of the Articles of the Special Conditions is not consecutive but follows the numbering of the Articles of the General Conditions. Other Special Conditions should be indicated afterwards.

Article 2: Law Applicable 2.1 The laws of Malta shall apply in all matters not covered by the provisions of the contract. 2.2 The language used shall be English. Article 4: Communications 4.1 All communications in writing should be addresses to the IT Department on [email protected] Article 7: Supply of Documents 7.1 As per General Conditions. Article 8: Assistance with Local Regulations

8.1

As per General Conditions

Article 9: The Contractor’s Obligations 9.1 As per General Conditions and Section 4: Terms of Reference of this tender document Article 10: Origin 10.1 As per General Conditions. Article 11: Performance Guarantee 11.1 The Contractor shall, within 15 days of receipt of the contract for signature, furnish the Malta Gaming

Authority with a guarantee for the full and proper performance of the contract. The amount of the guarantee shall be €3,000 [three thousand Euros].

11.2 The performance guarantee shall be in the format given in Section 5 and shall be provided in the form of

a bank guarantee.

Article 12: Insurance 12.1 As per General Conditions. Article 13: Performance Programme (Timetable) The multi-function, energy-efficient photocopiers are to be delivered and set up within four [4] weeks

from the date when the contract has been signed by the parties concerned. Article 14: Contractor’s Drawings 14.1 As per General Conditions.

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Article 15: Tender Prices 15.1 As per General Conditions Article 16: Tax and customs arrangements 16.1 As per General Conditions. Article 17: Patents and Licences 17.1 Patents and licences will have to be paid by the contractor. Article 18: Commencement Order 18.1 Commencement order will commence from the date of the signing of contract.

Article 22: Variations 22.1 No Variations are permitted.

Article 24: Quality of Supplies 24.1 The photocopiers shall be tested for technical and software verification. Should the Malta Gaming

Authority find that any photocopier is not fully compliant, they shall be returned to the contractor for either rectification or replacement depending on the detected fault.

Article 25: Inspection and Testing 25.1 All photocopiers will be inspected and tested at the Malta Gaming Authority’s offices, by the Malta

Gaming Authority, following their complete installation. Article 26: Methods of Payment 26.1

Payments will be made in Euro. Payments shall be authorized and paid by the Contracting Authority.

Article 28: Delayed Payments 28.1 The Contracting Authority shall pay the contractor sums due within 30 days of the date on which an

admissible payment is registered, in accordance with Article 26 of these Special Conditions. This period shall begin to run from the approval of these documents by the competent department referred to in Article 26.1 of these Special Conditions. These documents shall be approved either expressly or tacitly, in the absence of any written reaction in the 30 days following their receipt accompanied by the requisite documents.

28.2 Once the deadline laid down in Article 28.1 has expired:

the Contractor may, within two months of late payment, claim late-payment interest: meaning simple interest for late payment at a rate which is equal to the sum of the reference rate and at least eight percent (8%); on the first day of the month in which the deadline expired. The late-payment interest shall apply to the time which elapses between the date of the payment ’deadline (exclusive) and the date on which the Contracting Authority's account is debited (inclusive).

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Article 29: Delivery 29.1 The Contractor shall bear all risks relating to the goods until provisional acceptance at destination. The

supplies shall be packaged so as to prevent their damage or deterioration in transit to their destination. 29.2 The packaging shall become the property of the recipient subject to respect for the environment. Article 31: Provisional Acceptance As per General Conditions. Article 32: Warranty 32.1 As per General Conditions. Article 33: After-Sales Service 33.1 The contractor will be responsible for the proper maintenance and repair, ordinary and extraordinary, so

that the machines are kept in optimum condition acceptable to the Malta Gaming Authority, as per the minimum service level agreement specified in section 4.3.5 of this document.

Article 35: Breach of Contract 35.1 Without prejudice to the Government’s right to dissolve ‘ipso jure’ the contract in the case of

infringement of any condition thereunder and apart from the deduction established for delay in delivery, any such infringement shall render the contractor, in each case, liable to a deduction by way of damages of 5 per cent of the value of the contract, unless the Government elects, with regard to each particular infringement, but not necessarily with regard to all infringements, to claim actual damages incurred.

Article 41: Dispute Settlement by Litigation 41.1

If no settlement is reached within 120 days of the start of the amicable dispute-settlement procedure, each Party may seek:

a) either a ruling from a national court, or b) an arbitration ruling, in the case where the parties by agreement decide to refer the matter to

arbitration.

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SECTION 4 – TECHNICAL SPECIFICATIONS/TERMS OF REFERENCE (Note 3)

Note: Where in this tender document a standard is quoted, it is to be understood that the Contracting Authority will accept equivalent standards. However, it will be the responsibility of the respective bidders to prove that the standards they quoted are equivalent to the standards requested by the Contracting Authority.

4.1 Scope and Overview of Contract 4.1.1 The subject of this tender is the purchase of six [6] Multi-Function, Energy-Efficient, High-Volume Colour /

Black and White, Network Photocopiers. The shall include:

All costs of necessary Hardware and Software; Full maintenance, including preventative and corrective maintenance, repair, parts replacement

if necessary, consumables (excluding paper) and replacement of machine if necessary for a period of five years;

All installation charges; All labour charges; Any other taxes; Eco Contribution (if any);

Any other rate uploaded with the tender offer other than the one submitted in the “Financial” part of the tender response will not be taken into consideration.

4.1.2 The machinery shall be installed at the Malta Gaming Authority’s offices located at SCM002, 4

th Floor,

SmartCity Malta. 4.1.3 These machines have to comprise of printing, photocopying, scanning and emailing facilities. 4.1.4 If the contractor fails to comply to the performance programme as indicated in Section 3 Article 13, the

contractor shall incur a fine of €100 for every week in excess of the deadline indicated in the performance programme.

4.2 General Obligations and Requirements 4.2.1 The multi-function, energy-efficient printers provided shall be brand new, digital and eco-friendly, with a

digital and printed user manual in English, and compliant with all the minimum required technical specifications as listed below.

i. The necessary software to be connected with the existing computer systems and all interface

cables, must also be included and provided by the contractor plus all the relevant literature. ii. Default printing settings (orientation, font and pitch, page length (in lines), lines per inch,

carriage return action, should be settable from the printer’s panel. iii. The chosen contractor, shall upon signing the contract, undertake to provide the Malta Gaming

Authority, with six [6] Multi-Function, Energy-Efficient Colour / Black and White Network Photocopiers.

iv. The contractor will set-up, install, and test the multi-function printers and give on site basic

training to users on how to operate the machines. v. The contractor will be responsible for the proper maintenance and repair, ordinary and

extraordinary, so that the machines are kept in optimum condition acceptable to the Malta Gaming Authority.

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4.3 Minimum Specifications – Multi-Function, Energy Efficient, Photocopiers

4.3.1 5x Standard Machines Technical Requirements

Standard Function Copy, Email, Print, Scan

Paper Size Minimum A5, Maximum A3

Capacity 2000 sheets (A4), 500 sheets (A3)

Copy/Print Speed Color: 35 ppm Black: 35 ppm

Duty Cycle Up to 100,000 images/month

Connectivity 10/100/1000 BaseT Ethernet, High-Speed USB 2.0 direct print, Wi-Fi

Controller Features Configuration Cloning, Online Support, Remote Control Panel, Unified Address Book, Single Driver for all machines

Copy Resolution 600 x 600 dpi

Copy Features

Annotation, Auto tray switching, Automatic 2-sided, Bates Stamping, Booklet creation, Build Job, Collation, Covers, Edge erase, ID Card Copy, Image shift, Invert image, Job interrupt, Sample set, Single colour, Transparencies, Automatic double-sided copying

Print Resolution 1200 x 2400 dpi

Print Features Bi-directional status, Booklet creation, Job Monitoring, Job identification, Print from USB, Scaling, Print to nearest machine

Scan Features JPEG, Linearized PDF, Scan to SMB or FTP, Scan to USB memory device, Scan to email, Scan to folder, Scan to network, TIFF, TWAIN support, Text searchable PDF, PDF/A, XPS, Scan to SharePoint 2013.

Scan Destinations Scan to PC / Server Client (SMB or FTP), Scan to Secure FTP and HTTPS, Scan to USB memory drive, Scan to email, Scan to home, Scan to mailbox

Security Features 256-bit Encryption (FIPS 140-2 compliant), RFID Card Access Control, Audit log, HDD overwrite, Embedded, Network authentication, SNMPv3, SSL, Secure Email, Secure Fax, Secure Print, Secure Scan

Energy Efficiency All products must meet the latest ENERGY STAR standards for energy performance

4.3.2 1x Heavy Duty Machines Technical Requirements

Standard Function Copy, Email, Print, Scan

Paper Size Minimum A5, Maximum A3

Capacity 2000 sheets (A4), 500 sheets (A3)

Copy/Print Speed Color: 55 ppm Black: 55 ppm

Duty Cycle Up to 200,000 images/month

Connectivity 10/100/1000 BaseT Ethernet, High-Speed USB 2.0 direct print, Wi-Fi

Controller Features Configuration Cloning, Online Support, Remote Control Panel, Unified Address Book, Single Driver for all machines

Copy Resolution 600 x 600 dpi

Copy Features

Annotation, Auto tray switching, Automatic 2-sided, Bates Stamping, Booklet creation, Build Job, Collation, Covers, Edge erase, ID Card Copy, Image shift, Invert image, Job interrupt, Sample set, Single colour, Transparencies, Automatic double-sided copying

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Print Resolution 1200 x 2400 dpi

Print Features Bi-directional status, Booklet creation, Job Monitoring, Job identification, Print from USB, Scaling, Print to nearest machine

Scan Features JPEG, Linearized PDF, Scan to SMB or FTP, Scan to USB memory device, Scan to email, Scan to folder, Scan to network, TIFF, TWAIN support, Text searchable PDF, PDF/A, XPS, Scan to SharePoint 2013.

Scan Destinations Scan to PC / Server Client (SMB or FTP), Scan to Secure FTP and HTTPS, Scan to USB memory drive, Scan to email, Scan to home, Scan to mailbox

Security Features 256-bit Encryption (FIPS 140-2 compliant), RFID Card Access Control, Audit log, HDD overwrite, Embedded, Network authentication, SNMPv3, SSL, Secure Email, Secure Fax, Secure Print, Secure Scan

4.3.3 The heavy duty unit shall be supplied with Stapling and Envelope Printing Facilities. The cost of these

extra facilities shall be uploaded and clearly indicated in the “Financial Part” of the tender response.

4.3.4 Software Minimum Technical Requirements

Security

Protection against outside threats – ability to block malicious content, Hard Disc image overwrite, Hard disc encryption, RFID Authentication synchronised with company’s active directory, Application defaults, User permissions and machine timing (ability to implement company print policy)

Convenience

A single print driver for all devices to print to any device on the network, Address book on devices is synchronised with company’s active directory, fax and scan directories, Print and scan from a USB pen drive, Ability to print from mobile devices, Scan to searchable PDFs, Integration with document management repositories namely Sharepoint

Accounting and control

Accounting system to keeps track of user activity, Ability to allocate print costs to departments or projects, Ability to show users the cost of every job printed right at the printed device before printing and allowing users to change the specifications of their job to control print cost, Allows user permissions by user groups and/or individual user groups, Central administration of all user permissions, Ability to set limits for any type of print or job type by user, Allows central control of print by the source application (Outlook, Word, Excel, Powerpoint, etc), Automatic job routing to least cost device (even moving from desktop printers to more efficient network devices).

Device management Remote diagnostics and device monitoring, Remote assistance for fault resolution, Remote consumable monitoring and just in time supply or required consumables, Remote control panel.

4.3.5 Minimum Service Level Agreement

Response Time Print Servers – 8 Hours from raising of issue Machine Malfunction – 4 Hours from raising of issue Print Queue Central System – 2 Hours from raising of issue

Repair Time 2 Hours from arrival on site.

Machine Replacement For maintenance or repairs that take longer than 8 hours, a stand-by or replacement machine shall be provided.

Supplies

All consumables or replacement parts shall be kept in stock in Malta. Should the parts not be available the supplier must provide the MGA with replacement parts. Supplies should reach the MGA’s offices within 12 hours of raising the request. Software solutions should be provided to monitor the level and status of supplies and run diagnostics on the machine, and report low supplies or fault parts to the supplier. Tenderers must confirm availability of toners for a period of

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60 months as part of this maintenance agreement.

User Training IT department needs to be trained in the proper usage and care of the equipment and their functionality. A key user from each department will be trained in the proper usage of the equipment.

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SECTION 5 – SUPPLEMENTARY DOCUMENTATION

5.1 – Draft Contract Form

5.2 – Glossary

5.3 – Specimen Performance Guarantee

These are available to view and download from:

www.etenders.gov.mt

5.4 – General Conditions of Contract

The full set of General Conditions for Works Contracts (Version 1.05 dated 20 January 2015), for Supplies Contracts (Version 1.05 dated 20 January 2015) and for Services Contracts (Version 1.06 dated 20 January 2015) can be viewed/downloaded from:

www.etenders.gov.mt

It is hereby construed that the tenderers have availed themselves of these general conditions, and have read and accepted in full and without reservation the conditions outlined therein, and are therefore waiving any standard terms and conditions which they may have. These general conditions will form an integral part of the contract that will be signed with the successful tenderer/s.

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Financial Offer / Bill of Quantities

(FEE-BASED CONTRACTS)

N.B. - Three decimal points do not exist as currency; therefore such offers cannot be accepted. Offers are to be submitted up to two decimal points.

Fee for the A4 prints as outlined in the Tender Document, Advert Number MGA/05/2015

Prices quoted should include all taxes and any other duties but excluding VAT. €............................... cost of all machines. (amount in words: ................................................................................ Euro).

CARRIED FORWARD TO FINANCIAL SECTION OF ONLINE TENDER RESPONSE

For Maintenance Agreement please quote the charges below

€............................... per black and white print. (amount in words: ................................................................................ Euro).

CARRIED FORWARD TO FINANCIAL SECTION OF ONLINE TENDER RESPONSE

€............................... per colour print. (amount in words: ................................................................................ Euro).

CARRIED FORWARD TO FINANCIAL SECTION OF ONLINE TENDER RESPONSE

The above amount must not be broken down further


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