+ All Categories
Home > Documents > Service Tender to undertake Environmental Monitoring in connection with the scuttling of former...

Service Tender to undertake Environmental Monitoring in connection with the scuttling of former...

Date post: 07-Apr-2018
Category:
Upload: visitmalta
View: 221 times
Download: 0 times
Share this document with a friend
51
Page 1 CT FILE NUMBER: MTA 793/2011 DEPT. REF: PD-1-2011 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012. Date Published: 23 rd August 2011 Closing Date: 22 nd September 2011 at 10:00am CET Cost of the Tender Document: € 50 IMPORTANT:  No Bid Bond is requested for this tender Clarificati ons shall be uploaded and will be available to view/download from www.mta.com.mt/tenders Malta Tourism Authority Auberge D’Italie, Merchants Street, Valletta, VLT 1170, Malta
Transcript
Page 1: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 1/51

Page 1

CT FILE NUMBER: MTA 793/2011

DEPT. REF: PD-1-2011

Service Tender to undertake Environmental Monitoring in

connection with the scuttling of former patrol boat P29 for use as a

dive wreck – Session 2011-2012. Date Published: 23rd August 2011

Closing Date: 22nd September 2011 at 10:00am CET

Cost of the Tender Document: € 50

IMPORTANT:

•  No Bid Bond is requested for this tender

Clarifications shall be uploaded and will be available to view/download from www.mta.com.mt/tenders

Malta Tourism Authority Auberge D’Italie, Merchants Street, Valletta, VLT 1170, Malta

Page 2: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 2/51

Page 2

SERVICE TENDER TEMPLATE

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 ......................................................................................................5 

4. Financing................................................................................................ 6 

5. Eligibility................................................................................................ 6 

6. Selection Criteria ......................................................................................6 

7. Only One Tender Per Tenderer ...................................................................... 8 

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

9. Site Inspection ......................................................................................... 8 

B. TENDER DOCUMENTS....................................................................................9 

10. Content of Tender Document....................................................................... 9 

11. Explanations/Clarification Notes Concerning Tender Documents.............................9 

12. Labour Law ............................................................................................ 9 

13. Law .....................................................................................................9 

C. TENDER PREPARATION ............................................................................... 10 

14. Language of Tenders................................................................................10 

15. Presentation of Tenders............................................................................10 

16. Content of Tender (Single-Envelope System) ...................................................10 

17. Tender Prices ........................................................................................11 

18. Currencies of Tender and Payments..............................................................11 

19. Period of Validity of Tenders ......................................................................11 

20. Tender Guarantee (Bid Bond) .....................................................................12 

21. Variant Solutions ....................................................................................12 22. Preparation and Signing of Tenders ..............................................................12 

D. SUBMISSION OF TENDERS ............................................................................ 12 

23. Sealing and Marking of Tenders ...................................................................12 

24. Extension of Deadline for Submission of Tenders...............................................12 

25. Late Tenders .........................................................................................13 

26. Alterations and Withdrawal of Tenders ..........................................................13 

E. OPENING AND EVALUATION OF OFFERS........................................................... 13 

27. Opening of Tenders .................................................................................13 

28. Secrecy of the Procedure ..........................................................................13 

29. Clarification of Tenders ............................................................................13 

30. Tender Evaluation Process .........................................................................14 31. Correction of Arithmetical Errors .................................................................14 

F. CONTRACT AWARD .................................................................................... 15 

32. Criteria for Award...................................................................................15 

33. Right of the Central Government Authority to accept or reject any Tender...............15 

34. Notification of Award, Contract Clarifications..................................................15 

35. Contract Signing and Performance Guarantee ..................................................16 

36. Commencement of Services .......................................................................16 

G. MISCELLANEOUS ....................................................................................... 16 

37. Ethics Clauses........................................................................................16 

38. Data Protection and Freedom of Information...................................................17 

39. Gender Equality .....................................................................................17 

VOLUME 1 SECTION 2 – TENDER FORM................................................................ 19 

VOLUME 1 SECTION 4 - TENDERER’S STATEMENTS ................................................ 22 

Page 3: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 3/51

Page 3

1. Statement on Conditions of Employment .........................................................22 

2. Experience as Contractor............................................................................23 

3. Key Experts ............................................................................................24 

3.1 Statement on Exclusivity and Availability .......................................................25 

VOLUME 1 SECTION 5 – GLOSSARY..................................................................... 26 

VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC PROCUREMENT REGULATIONS ....... 28 

Part XII - Separate packages in tender offer.........................................................28 

Part XIII - Appeals........................................................................................29 

Form 1 - Power of Attorney ............................................................................31 

Form 1 - Power of Attorney ............................................................................31 Form 2 - Data on Joint Venture/Consortium (Where applicable).................................32 

Form 3 - Sub-Contracting ...............................................................................33 

VOLUME 2 SECTION 1 – DRAFT CONTRACT FORM................................................... 34 

VOLUME 2 SECTION 2 – GENERAL CONDITIONS ...................................................... 36 

VOLUME 2 SECTION 3 – SPECIAL CONDITIONS........................................................ 37 Article 2: Notices and Written Communications .......................................................................... 37 Article 5: Supply of Information.............................................................................................. 37 Article 6: Assistance with Local Regulations............................................................................... 37 Article 7: Obligations of the Contractor ....................................................................................37 Article 13: Medical, Insurance and Security Arrangements ............................................................. 37 Article 14: Intellectual and Industrial Property Rights...................................................................37 

Article 15: Scope of the Services............................................................................................. 37 Article 16: Personnel and Equipment ....................................................................................... 37 Article 18: Execution of the Contract....................................................................................... 37 Article 19: Delays in Execution............................................................................................... 37 Article 20: Amendment of the Contract ....................................................................................37 Article 24: Interim and Final Progress Reports ............................................................................37 Article 26: Payments and Interest on Late Payment ..................................................................... 37 Article 27: Financial Guarantee .............................................................................................. 38 Article 28: Audit Certificate .................................................................................................. 38 

VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE .................................. 39 

VOLUME 3 SECTION 1 – CONTRACTING AUTHORITY’S REQUIREMENTS (TERMS OFREFERENCE)................................................................................................ 40 

1. Background Information .............................................................................41 1.1 - Beneficiary Country...................................................................................................... 41 1.2 - Central Government Authority......................................................................................... 41 1.3 - Contracting Authority ................................................................................................... 41 1.4 - Relevant Country Background.......................................................................................... 41 1.5 - Current State of Affairs in the Relevant Sector..................................................................... 41 1.6 - Related Programmes and Donor Activities........................................................................... 42 

2. Contract Objectives and Expected Results .......................................................42 2.1 - Overall Objectives ....................................................................................................... 42 2.2 - Specific Objectives....................................................................................................... 42 2.3 - Results to be Achieved by the Consultant ........................................................................... 42 

3. Assumptions and Risks ...............................................................................42 

3.1 - Assumptions Underlying the Project Intervention.................................................................. 42 3.2 – Risks ........................................................................................................................ 42 

4. Scope of the Work ....................................................................................42 4.1 – General..................................................................................................................... 42 4.2 - Specific Activities ........................................................................................................ 43 4.3 - Project Management..................................................................................................... 45 

5. Logistics and Timing..................................................................................45 5.1 – Location.................................................................................................................... 45 5.2 - Commencement Date & Period of Execution........................................................................ 45 

6. Requirements..........................................................................................45 6.1 – Personnel .................................................................................................................. 45 6.2 – Accommodation .......................................................................................................... 46 

6.3 - Facilities to be provided by the Consultant ......................................................................... 46 6.4 – Equipment ................................................................................................................. 46 7. Reports .................................................................................................46 

7.1 - Reporting Requirements ................................................................................................ 46 7.2 - Submission & approval of progress reports .......................................................................... 46 

Page 4: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 4/51

Page 4

8. Monitoring and Evaluation...........................................................................47 8.1 - Definition of Indicators.................................................................................................. 47 8.2 - Special Requirements ................................................................................................... 47 

VOLUME 3 SECTION 2 – TENDERER’S TECHNICAL OFFER (ORGANIZATION &METHODOLOGY)........................................................................................... 48 

(a) Describe the proposed approach for implementing the contract;.......................... 49 

(b) Justify the proposed approach in terms of its relevance to the objectives andcontext of the contract;................................................................................. 49 

2.3 Overall coordination strategy ..................................................................... 49 

2.4 Company Profile ..................................................................................... 49 

(j) Provide a Gantt chart showing different stages of implementation ........................ 49 

VOLUME 4 - FINANCIAL BID.............................................................................. 51 

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

Page 5: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 5/51

Page 5

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 thistender document, including subsequent Clarifications issued by the Central GovernmentAuthority, 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 tenderdocument; any disagreement, contradiction, alteration or deviation shall lead to thetender offer not being considered any further.

The Evaluation Committee shall, after having obtained approval by the General ContractsCommittee, request rectifications in respect of incomplete/non-submitted informationpertinent 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 administrativepenalty of €50: failure to comply shall result in the tender offer not being considered anyfurther.

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 clarificationson the submitted information in respect of the latter may be eventually requested.

1.2 This is a call for tenders to undertake Environmental Monitoring in connection with the scuttling

of former patrol boat P29 for use as a dive wreck – Session 2011-2012.  

1.3 This is a global-price contract.

1.4 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,whatever the conduct or outcome of the procedure.

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

2. Timetable

DATE TIME*

Clarification Meeting/Site Visit(Refer to Clause 9.1) 

None envisaged [N/A]

Deadline for request for anyadditional information from theContracting Authority

12th September 2011 12.00 hrs

Last date on which additionalinformation are issued by theContracting Authority

16th September 2011 12.00 hrs

Deadline for submission of tenders /

Tender Opening Session(unless otherwise modified in termsof Clause 11.3)

22nd September 2011 10:00 hrs

* 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 quantitiesindicated. Tenders will not be accepted for incomplete quantities.

Page 6: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 6/51

Page 7: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 7/51

Page 7

The minimum number of marine environmental monitoring projects (benthic ecologysurveys) completed in the last five (5) years must be at least three (3) in number.Projects must have been carried out in Malta or in the central Mediterranean region.

The minimum number of structural integrity surveys for diving wrecks or othersubmerged structures (including experience with remote sensing equipment)completed in the last five (5) years must be at least one (1) in number.

Failure to present a list of marine benthic projects or remote sensing / structuralintegrity surveys carried out in the last 5 years will lead to the automatic

disqualification of the bid. Bidders presenting generic studies as part of theselection criteria must clearly write if the study contained a marine benthic study /structural integrity surveys for environmental monitoring purposes and who wasresponsible (company and key experts) to carry out the said studies.

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

•  A list of the key experts and other staff proposed for the execution of the contract.The Evaluation Committee reserves the right to request the tenderers tosubstantiate their claims in respect to the staff proposed by requesting CVs of key

staff and signed Declarations of Exclusivity and Availability during the evaluationstage.

Key Expert 1 – Team Leader

The Key Expert must possess the following:

•  Has experience as a team leader having managed a minimum of three (3) projectsconcerning marine benthic studies over the past five (5) years. Evidence of suchparticipation must be accompanied by certificates of satisfactory execution orpositive reference issued by the employer clearly highlighting that the marinebenthic study was carried out successfully. Failure to submit proof of successfulcompletion of the marine benthic studies will lead to the automaticdisqualification of the bid. 

The Key Expert is also expected to possess the following:

•  At least 5 years experience in managing project teams;

•  Good interpersonal, communication and presentation skills;

•  Fluency in written and spoken English;

•  Proven leadership skills and ability to manage a team of surveyors and expertsthrough proven participation in projects similar to this call.

Key Expert 2 – Scientific Diver

The Key Expert must possess the following:

•  Must be a qualified scientific diver and have a proven track record in scientific diving,having undertaken at least two (2) previous similar projects for marine environmentalmonitoring work over the past five (5) years. Evidence of such participation mustbe accompanied by certificates of satisfactory execution or positive referenceissued by the employer. Failure to submit certificates will lead to the automaticdisqualification of the bid. 

The Key Expert is also expected to possess the following:

•  Be in a possession of a relevant degree from a recognised university; 

•  Strong team work abilities; 

•  Good interpersonal, communication and presentation skills; •  Fluency in written and spoken English 

Page 8: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 8/51

Page 8

Key Expert 3 – Structural Integrity Surveyor

The Key Expert must possess the following:

•  Must have a proven track record in underwater marine structural integrity surveysincluding experience with surveying dive wrecks, having undertaken at least two (2)previous similar projects over the past five (10) years. Evidence of suchparticipation must be accompanied by certificates of satisfactory execution orpositive reference issued by the employer. Failure to submit certificates will leadto the automatic disqualification of the bid. 

The Key Expert is also expected to possess the following:

•  Be in possession of relevant qualifications from a recognised university / otherrecognised academic institution; 

•  Strong team work abilities; 

•  Fluency in written and spoken English 

Key Expert 4 – Remote Sensing Specialist

The Key Expert must possess the following:

•  Must have a proven track record in marine survey work using remote sensingequipment (e.g. side scan sonar), having undertaken at least two (2) previous similarprojects over the past five (5) years. Experience with interpretation of data fromdive wreck surveys. Evidence of such participation must be accompanied bycertificates of satisfactory execution or positive reference issued by theemployer. Failure to submit certificates will lead to the automatic disqualificationof the bid. 

The Key Expert is also expected to possess the following:

•  Be in possession of relevant post-graduate degree from a recognised university; •  Strong team work abilities; 

•  Good interpersonal, communication and presentation skills; •  Fluency in written and spoken English 

7. Only One Tender Per Tenderer 

7.1 Submission or participation by a tenderer in more than one tender for a contract will resultin 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 jointventure/consortium.

7.3 A company may not tender for a given contract both individually/partner in a jointventure/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 jointventures/consortia, provided that it does not participate individually or as part of a jointventure/consortium, and that the nominations do not lead to a conflict of interest, collusion,or improper practice.

8. Tender Expenses 

8.1 The tenderer will bear all costs associated with the preparation and submission of thetender.

8.2 The Central Government Authority will neither be responsible for, nor cover, any expenses orlosses incurred by the tenderer through site visits and inspections or any other aspect of histender.

9. Site Inspection

Page 9: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 9/51

Page 9

9.1 No clarification meeting/site visit is planned.

B. TENDER DOCUMENTS 

10. Content of Tender Document

10.1 The set of tender documents comprises the following documents and should be read inconjunction with any clarification notes issued in accordance with Clause 24:Volume 1 Instructions to TenderersVolume 2 •

  Draft Contract•  General Conditions (available online from

www.contracts.gov.mt/conditions)

•  Special ConditionsVolume 3 Terms of ReferenceVolume 4 Model Financial Bid

10.2 Tenderers bear sole liability for examining with appropriate care the tender documents,including those design documents available for inspection, and any clarification notes to thetender documents issued during the tendering period, and for obtaining reliable informationwith respect to conditions and obligations that may in any way affect the amount or natureof the tender or the execution of the works. In the event that the tenderer is successful, noclaim for alteration of the tender amount will be entertained on the grounds of errors or

omissions in the obligations of the tenderer described above.

10.3 The tenderer must provide all documents required by the provisions of the tender document.All such documents, without exception, must comply strictly with these conditions andprovisions and contain no alterations made by the tenderer.

11. Explanations/Clarification Notes Concerning Tender Documents

11.1 Tenderers may submit questions in writing to the Central Government Authority through:

•  sending an email to [email protected] 

•  through www.mta.com.mt/tenders up to 10 calendar days before the deadline for submission of tenders. The CentralGovernment Authority must reply to all tenderers' questions, and amend the tenderdocuments by publishing clarification notes, up to at least 6 calendar days before thedeadline for submission of tenders.

11.2 Questions and answers, and alterations to the tender document will be published as aclarification note on the website of the Malta Tourism Authority (www.mta.com.mt/tenders)within the respective tender’s page. Clarification notes will constitute an integral part of the tender documentation, and it is the responsibility of tenderers to visit this website andbe 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 inaccordance with Clause 24, extend the deadline for submission of tenders to give tendererssufficient 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 Maltaand the obligation to comply with all regulations, rules or instructions concerning theconditions of employment of any class of employee.

13. Law

13.1 By submitting their tenders, tenderers are accepting that this procedure is regulated byMaltese Law, and are deemed to know all relevant laws, acts and regulations of Malta thatmay in any way affect or govern the operations and activities covered by the tender and theresulting contract.

Page 10: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 10/51

Page 10

C. TENDER PREPARATION

14. Language of Tenders

14.1 The tender and all correspondence and documents related to the tender exchanged by thetenderer and the Central Government Authority must be written in English.

14.2 Supporting documents and printed literature furnished by the tenderer may be in anotherlanguage, provided they are accompanied by an accurate translation into English. For thepurposes of interpretation of the tender, the English language will prevail.

15. Presentation of Tenders

15.1 Tenders must satisfy the following conditions:(a) All tenders must be submitted in one original, clearly marked “original”, and one

identical copy (including all documentation as in the original) signed in the same wayas the original and clearly marked “copy”.

(b) Both documents are to be separately sealed and placed in another sealedenvelope/package so that the bid can be identified as one tender submission.Following the tender opening session, the copy shall be kept, unopened, at the MaltaTourism Authority, for verification purposes only should the need arise.

(c) All tenders must be received by date and time indicated in the timetable at Clause 2and deposited in the tender box at the Malta Tourism Authority, ‘Auberge d’Italie’,

Merchants Street, Valletta, VLT 1170.(d) All package, as per (b) above, must bear only:

(i)  the above address;(ii)  the reference of the invitation to tender concerned;(iii)  the name of the tenderer.

16. Content of Tender (Single-Envelope System) 

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

(a) General/Administrative Information(Note 2) 

(i)  Proof of Purchase of tender document (receipt)(ii)  Statement on Conditions of Employment (Volume 1, Section 4)

Selection Criteria 

(b) Technical Capacity (Note 3) 

(i)  Experience as Contractor (Volume 1, Section 4)(ii)  Personnel (Key Experts) to be employed on contract (Volume 1, Section 4)

(c) Evaluation Criteria/Technical Specifications(Note 3) 

(i)  Tenderer’s Technical Offer in response to specifications/Terms of Reference(Volume 3)● Organization & Methodology

● Rationale● Strategy● Timetable of Activities

(ii)  Literature/list of samples (Volume 1, Section 4)

(f) Financial Offer/Bill of Quantities(Note 3) 

(i)  The Tender Form in accordance with the form provided in Volume 1, Section2; a separate Tender Form is to be submitted for each option tendered, eachform clearly marked ‘Option 1’, ‘Option 2’ etc.;

(ii)  A financial bid in the form provided in Volume 4.(iii)  [Any other relevant documentation of a financial nature]

Page 11: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 11/51

Page 11

Notes to Clause 16.1:

1.  Tenderers will be requested to clarify/rectify, within two working days fromnotification, 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 incompletedocumentation, and/or submit any missing documents within two working days fromnotification. 

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

Tenderers must indicate where the above documentation is to be found in their offer byusing an index. All documentation is to be securely bound/filed.

Tenderers are NOT required NOR expected to submit, with their offer, any components of the tender document except those specifically mentioned in Clause 16. 

17. Tender Prices

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

17.2 The tenderer must provide a breakdown of the overall price in Euro (€).

17.3 Tenderers must quote all components of the price inclusive of taxes, customs and importduties, and any discounts. Except as may otherwise be provided for in the contract, nopayment 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; aseparate 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 besubmitted. 

17.5 If the tenderer offers a discount, the discount must be absorbed in the rates of the Bill of Quantities/Financial Statement.

17.6 The prices for the contract, must include all of the works to be provided. The prices quoted

are fixed and not subject to revision or escalation in costs, unless otherwise provided for inthe Special Conditions.

18. Currencies of Tender and Payments

18.1 The currency of the tender is the Euro (€). All sums in the breakdown of the overall price, inthe questionnaire and in other documents must be expressed in Euro (€), with the possibleexception of originals of bank and annual financial statements.

18.2 Payments will be made upon certification of services by the Contracting Authority, based onthe invoice issued by the Contractor, in accordance with the timeframes, terms andconditions of the contract.

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

19. Period of Validity of Tenders

19.1 Tenders must remain valid for a period of 150 days after the deadline for submission of tenders indicated in the contract notice, the tender document or as modified in accordancewith Clauses 11.3 and/or 24. Any tenderer who quotes a shorter validity period will berejected.

19.2 In exceptional circumstances the Central Government Authority may request that tenderersextend 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 withoutforfeiting his tender guarantee (Bid Bond). However, his tender will no longer be consideredfor 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 periodof validity of the tender.

Page 12: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 12/51

Page 12

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

20. Tender Guarantee (Bid Bond)

20.1 No tender guarantee (bid bond) is required.

21. Variant Solutions21.1 No variant solutions will be accepted. Tenderers must submit a tender in accordance with

the requirements of the tender document.

21.2 The rates and prices inserted in the bill of quantities (if applicable) must tally with theconditions laid down in the tender documents.

22. Preparation and Signing of Tenders

22.1 All tenders must be submitted in one original, clearly marked “original”, and one identicalcopy (including all documentation as in the original) signed in the same way as the originaland clearly marked “copy”. Tenders must comprise the documents specified in Clause 16above.

It is the responsibility of the tenderers to ensure that both the original and the copy are an

identical representation of one another.

22.2 The tenderer’s submission must be typed in, or handwritten in indelible ink. Any pages onwhich entries or corrections to his submission have been made must be initialled by theperson or persons signing the tender. All pages must be numbered consecutively by hand,machine or in any other way acceptable to the Central Government Authority.

22.3 The tender must contain no changes or alterations, other than those made in accordancewith 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 beinitialled by the person signing the tender.

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

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

D. SUBMISSION OF TENDERS

23. Sealing and Marking of Tenders

23.1 The tenders must be submitted in English and deposited in the MTA’s tender box before thedeadline specified in Clause 2 or as otherwise specified in accordance with Clause 11.1and/or 24.1. They must be submitted:

EITHER by recorded delivery (official postal/courier service) or hand delivered to:

Malta Tourism AuthorityAuberge D’Italie,Merchants Street,Valletta, VLT 1170

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 15.1, the CentralGovernment Authority will assume no responsibility for the misplacement or prematureopening 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

Page 13: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 13/51

Page 13

submission of tenders by issuing a clarification note in accordance with Clause 11. In suchcases, all rights and obligations of the Central Government Authority and the tendererregarding the original date specified in the contract notice will be subject to the new date.

25. Late Tenders

25.1 All tenders received after the deadline for submission specified in the contract notice orthese instructions will be kept by the Central Government Authority. The associatedguarantees will be returned to the tenderers.

25.2 No liability can be accepted for late delivery of tenders. Late tenders will be rejected and

will not be evaluated.

26. Alterations and Withdrawal of Tenders

26.1 Tenderers may alter or withdraw their tenders by written notification prior to the abovedeadline. No tender may be altered after the deadline for submission.

26.2 Any notification of alteration or withdrawal must be prepared, sealed, marked and submittedin accordance with Clause 23, and the envelope must also be marked with "alteration" or"withdrawal".

26.3 The withdrawal of a tender in the period between the deadline for submission and the date of expiry of the validity of the tender will result in forfeiture of the tender guarantee providedfor in Clause 20.

E. OPENING AND EVALUATION OF OFFERS

27. Opening of Tenders

27.1 Tenders will be opened in public session on the date and time indicated in the timetableat Clause 2 (or as otherwise specified in accordance with Clause 11.1 and/or 24.1) at theMalta Tourism Authority, ‘Auberge d’Italie’, Merchants Street, Valletta, Malta by theTenders Opening Committee. They will draw up a ‘Summary of Tenders Received’ whichwill be published on the notice board at the Malta Tourism Authority.

27.2 At the tender opening, the tenderers' names, the tender prices, variants, written notificationof alterations and withdrawals, the presence of the requisite tender guarantee and any otherinformation 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 betaken 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 bedisclosed before the notification of award.

28.2 Information concerning checking, explanation, opinions and comparison of tenders andrecommendations concerning the award of contract, may not be disclosed to tenderers or anyother person not officially involved in the process unless otherwise permitted or required bylaw.

28.3 Any attempt by a tenderer to approach any member of the Evaluation Committee/CentralGovernment Authority directly during the evaluation period will be considered legitimategrounds for disqualifying his tender.

29. Clarification of Tenders

29.1 When checking and comparing tenders, the evaluation committee may, after obtainingapproval from the General Contracts Committee, ask a tenderer to clarify any aspect of his

Page 14: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 14/51

Page 14

tender.

29.2 Such requests and the responses to them must be made by e-mail or fax. They may in nocircumstances alter or try to change the price or content of the tender, except to correctarithmetical errors discovered by the evaluation committee when analysing tenders, inaccordance with Clause 31.

30. Tender Evaluation Process

30.1 The following should be read in conjunction with Clause 27.

30.2 Part 1: Administrative Compliance

The Evaluation Committee will check the compliance of tenders with the instructions given inthe tender document, and in particular the documentation submitted in respect of Clause 16.

The Evaluation Committee shall, after having obtained approval by the General ContractsCommittee, request rectifications in respect of incomplete/non-submitted informationpertinent to the documentation as outlined in sub-Clause 16.1(a), 16.1(b) and 16.1(c) of theseInstructions to Tenderers. Such rectification/s must be submitted within two (2) working daysfrom notification, and will be subject to a non-refundable administrative penalty of €50:failure to comply shall result in the tender offer not being considered any further. Norectification shall be allowed in respect of the documentation as outlined in sub-Clause16.1(d), 16.1(e), and 16.1(f) of these Instructions to Tenderers. Only clarifications on the

submitted information in respect of the latter may be eventually requested.

30.3 Part 2: Eligibility and Selection Compliance

Tenders which have been considered administratively compliant shall be evaluated foradmissibility as outlined below:

(i) Eligibility Criteria

•  Tender Form (Volume 1, Section 2)

(ii) Selection Criteria

•  Evidence of technical capacity (sub-Clause 6.1.2)

30.4 Part 3: Technical Compliance

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

Tenders who are deemed to be provisionally technically compliant through the evaluation of their technical offer (especially the specifications) shall be requested to submit samplesand/or CVs and Declarations of Exclusivity and Availability (Volume 1 Section 4) so that the

Evaluation Committee will corroborate the technical compliance of the offers received.

30.5 Part 4. Financial Evaluation

The financial offers for tenders which were not eliminated during the technical evaluation(i.e., those found to be technically compliant) will be evaluated.

The Evaluation Committee will check that the financial offers contain no arithmetical errorsas outlined in Clause 31. The financial evaluation will have to identify the best financialoffer.

31. Correction of Arithmetical Errors

31.1 Admissible tenders will be checked for arithmetical errors by the Evaluation Committee.Errors will be corrected as follows:

(a)  where there is a discrepancy between amounts in figures and in words, the amount in

Page 15: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 15/51

Page 15

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 willprevail.

31.2 The amount stated in the tender will be adjusted by the Evaluation Committee in the eventof error, and the tenderer will be bound by that adjusted amount. In this regard, theEvaluation Committee shall seek the prior approval of the General Contracts Committee tocommunicate the revised price to the tenderer. If the tenderer does not accept theadjustment, his tender will be rejected and his tender guarantee forfeited.

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

F. CONTRACT AWARD

32. Criteria for Award

32.1 The sole award criterion will be the price. The contract will be awarded to the cheapestpriced tender satisfying the administrative and technical criteria.

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

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

33.2 In the event of a tender procedure's cancellation, tenderers will be notified by the CentralGovernment Authority. If the tender procedure is cancelled before the outer envelope of anytender has been opened, the sealed envelopes will be returned, unopened, to the tenderers.

33.3 Cancellation may occur where:(a)  the tender procedure has been unsuccessful, namely where no qualitatively or

financially worthwhile tender has been received or there has been no response at all;(b)  the economic or technical parameters of the project have been fundamentally

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

project impossible;(d)  all technically compliant tenders exceed the financial resources available;(e)  there have been irregularities in the procedure, in particular where these have

prevented fair competition.

In no circumstances will the Central Government Authority be liable for damages,whatever their nature (in particular damages for loss of profits) or relationship to thecancellation 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 theCentral 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 Authoritywill notify the successful tenderer, in writing, that his tender has been recommended foraward by the General Contracts Committee, pending any appeal being lodged in terms of PartXIII of the Public Procurement Regulations (being reproduced in Volume 1, Section 6).

34.2 Unsuccessful bidders shall be notified with the outcome of the evaluation process, and will beprovided the following information:(i) the criteria for award;(ii) the name of the successful tenderer;(iii) the recommended price of the successful bidder;

(iv) the reasons why the tenderer did not meet the technical specifications/notification thatthe offer was not the cheapest (if applicable);(v) the deadline for filing a notice of objection (appeal);(vi) the deposit required if lodging an appeal.

Page 16: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 16/51

Page 16

34.3 The recommendations of the Departmental Contracts Committee shall be published on theNotice Board of the Department of Contracts, and published online on the MTA’s website,www.mta.com.mt/tenders

35. Contract Signing and Performance Guarantee

35.1 After the lapse of the appeals period, and pending that no objections have been receivedand/or upheld, the successful tenderer may be invited to clarify certain contractual questionsraised therein. Such clarification will be confined to issues that had no direct bearing on thechoice 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 thecontract.

35.2 Within 15 calendar days of receiving the contract (against acknowledgment of receipt) fromthe Central Government Authority, the successful tenderer will sign and date the contractand return it to the Central Government Authority with the performance guarantee and theFinancial Identification Form (if applicable). On signing of the contract by the CentralGovernment Authority, the successful tenderer will become the Contractor and the contractwill enter into force.

35.3 Before the Central Government Authority signs the contract with the successful tenderer, thesuccessful tenderer may be requested to provide the documentary proof or statementsrequired 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 submittedby 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,and any guarantees required within the prescribed 15 calendar days, the Central GovernmentAuthority may consider the acceptance of the tender to be cancelled without prejudice to theCentral Government Authority's right to seize the guarantee, claim compensation or pursueany other remedy in respect of such failure, and the successful tenderer will have no claimwhatsoever on the Central Government Authority.

The tenderer whose tender has been evaluated as second cheapest may be recommended foraward, and so on and so forth.

35.5 Only the signed contract will constitute an official commitment on the part of the CentralGovernment Authority, and activities may not begin until the contract has been signed by theCentral Government Authority and the successful tenderer.

35.6 The performance guarantee referred to in the General Conditions is set at 10% of the amountof the contract and must be presented in the form specified in Volume 2, Section 4, to thetender document the performance guarantee shall be released within 30 days of the signingof the Final Statement of Account (Final Bill), unless the Special Conditions provideotherwise.

36. Commencement of Services

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

36.2 The Contractor must inform the Central Government Authority's representative by return thathe 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 GovernmentAuthority during the process of examining, clarifying, evaluating and comparing tenders willlead to the rejection of his candidacy or tender and may result in administrative penalties.

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

Page 17: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 17/51

Page 17

his staff or any other company with which the Contractor is associated or linked may not,even on an ancillary or sub-contracting basis, supply other services, carry out works or supplyequipment for the project. This prohibition also applies to any other programmes or projectsthat could, owing to the nature of the contract, give rise to a conflict of interest on the partof the Contractor.

37.3 When putting forward a candidacy or tender, the candidate or tenderer must declare that heis affected by no potential conflict of interest, and that he has no particular link with othertenderers 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 aboutthe project or services without the Contracting Authority's prior approval. He may not committhe Contracting Authority in any way without its prior written consent.

37.5 For the duration of the contract, the Contractor and his staff must respect human rights andundertake 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 providedfor therein. The Contractor and his staff must not exercise any activity or receive anyadvantage inconsistent with their obligations to the Contracting Authority.

37.7 The Contractor and his staff are obliged to maintain professional secrecy for the entireduration of the contract and after its completion. All reports and documents drawn up or

received by the Contractor are confidential.

37.8 The contract governs the Parties' use of all reports and documents drawn up, received orpresented by them during the execution of the contract.

37.9 The Contractor shall refrain from any relationship likely to compromise his independence orthat of his staff. If the Contractor ceases to be independent, the Central GovernmentAuthority may, regardless of injury, terminate the contract without further notice andwithout the Contractor having any claim to compensation.

37.10 The tender(s) concerned will be rejected or the contract terminated if it emerges that theaward or execution of a contract has given rise to unusual commercial expenses. Such unusualcommercial 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 inreturn 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 acompany 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/orsubsequently 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 andfollow-up of the procurement procedure and/or subsequent contract by the CentralGovernment Authority/Contracting Authority without prejudice to possible transmission to

the bodies charged with a monitoring or inspection task in conformity with National and/orCommunity law.

38.2 The provisions of this contract are without prejudice to the obligations of the CentralGovernment 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 thirdparty 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, pertinentsubsidiary legislation and the Code of Practice issued pursuant to the Act. Such consultationshall in no way prejudice the obligations of the Central Government Authority in terms of theAct.

39. Gender Equality

39.1 In carrying out his/her obligations in pursuance of this contract, the tenderer shall ensure theapplication of the principle of gender equality and shall thus ’inter alia’ refrain fromdiscriminating on the grounds of gender, marital status or family responsibilities. Tenderers

Page 18: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 18/51

Page 18

are to ensure that these principles are mainfest in the organigram of the company where theprinciples aforementioned, including the selection criteria for access to all jobs or posts, atall levels of the occupation hierarchy are amply proven. In this document words importingone gender shall also include the other gender.

Page 19: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 19/51

Page 19

VOLUME 1 SECTION 2 – TENDER FORM

(A separate, distinct Tender Form must be submitted for EACH OPTION – if applicable - submitted)

Publication reference: MTA 793/2011Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrolboat P29 for use as a dive wreck – Session 2011-2012

A TENDER SUBMITTED BY

Name(s) of tenderer(s) Nationality Proportion of Responsibilities2 

Leader 1 

Partner 1 

Etc …

1. Add/delete additional lines for partners as appropriate. Note that a sub-contractor is not considered to be a partner for the purposesof this tender procedure. If this tender is being submitted by an individual tenderer, the name of the tenderer should be entered as'leader' (and all other lines should be deleted)2. Proposed proportion of responsibilities between partners (in %) with indication of the type of the works to be performed by eachpartner (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 musthave the ability to carry out at least 10% of the contract works by its own means).

Service intended to be sub-contracted

Name and details of sub-contractors

Value of sub-contracting aspercentage of thetotal cost 3 

Experience insimilar services(details to bespecified)

1

2

(.)

3. The maximum amount of sub-contracting must not exceed [30% of the total contract value. The main contractor must have the abilityto carry out at least 70% of the contract works by his own means.

B CONTACT PERSON (for this tender)

Name Surname

Telephone (____) ________________________ Fax (____) ________________________

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

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

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

E-mail

Page 20: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 20/51

Page 20

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, herebydeclare 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 invitationto tender No MTA 793/2011 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 execute, in accordance with the terms of the tender document and the conditions andtime limits laid down, without reserve or restriction, the following works:

Service Tender to undertake Environmental Monitoring in connection with the scuttling of formerpatrol boat P29 for use as a dive wreck – Session 2011-2012.

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

4 This tender is valid for a period of 150 days from the final date for submission of tenders.

5 If our tender is accepted, we undertake to provide a performance guarantee of 10% of the contract

value as required by the General Conditions.6 We are making this application in our own right and [as partner in the consortium led by < name of 

the leader / ourselves > ] for this tender. We confirm that we are not tendering for the same contractin any other form. [We confirm, as a partner in the consortium, that all partners are jointly andseverally 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 jointventure/consortium are bound to remain in the joint venture/consortium for the entire period of thecontract's performance]. We are fully aware that, in the case of a consortium, the composition of theconsortium 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 leadingto a declaration of bankruptcy. We also declare that we have not been convicted criminally, or foundguilty of professional misconduct. Furthermore, we are up-to-date in the payment of social security

contributions and other taxes.

8 We accept that we shall be excluded from participation in the award of this tender if compliancecertificates in respect of declarations made under Clause 7 of this declaration are not submitted bythe indicated dates.

9 We agree to abide by the ethics clauses of the instructions to tenderers and, in particular, have nopotential conflict of interests or any relation with other candidates or other parties in the tenderprocedure at the time of the submission of this application. We have no interest of any naturewhatsoever in any other tender in this procedure. We recognise that our tender may be excluded if wepropose key experts who have been involved in preparing this project or engage such personnel asadvisers in the preparation of our tender.

10We will inform the Central Government Authority immediately if there is any change in the abovecircumstances at any stage during the implementation of the contract. We also fully recognise andaccept that any false, inaccurate or incomplete information deliberately provided in this applicationmay result in our exclusion from this and other contracts funded by the Government of Malta and theEuropean Communities.

11 Our tender submission has been made in conformity with the Instructions to Tenderers, and in thisrespect we confirm having included in the appropriate packages as required, the followingdocumentation:

(a) General Information (Note 2) 

o Proof of Purchase (Receipt)

o Statement on Conditions of Employment

Selection Criteria (Note 2) 

(b) Technical Capacity (Note 3) 

Page 21: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 21/51

Page 21

● Experience as Contractor

● Personnel (Key Experts) to be employed on contract

(c) Evaluation Criteria/Technical Specifications (Note 3) 

● Tenderer’s Technical Offer

● Literature /List of Samples

(d) 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 incompletedocumentation, and/or submit any missing documents within two working days fromnotification. This is indicated by the symbol ○

3.  No rectification shall be allowed. Only clarifications on the submitted information may berequested. This is indicated by the symbol ● 

12 I acknowledge that the Central Government Authority and/or Contracting Authority shall requestrectifications in respect of incomplete/non-submitted information pertinent to the documentationlisted 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 administrativepenalty 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 tenderand that it reserves the right to cancel or award only part of the contract. It will incur no liabilitytowards us should it do so.

Name and Surname: _________________________________________

I.D. / Passport Number: _________________________________________

Signature of tenderer: _________________________________________

Duly authorised to sign thistender on behalf of: _________________________________________

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

Stamp of the firm/company: _________________________________________

Place and date: _____________________________________

Page 22: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 22/51

Page 22

VOLUME 1 SECTION 4 - TENDERER’S STATEMENTS

1. Statement on Conditions of Employment

It is hereby declared that all employees engaged on this contract shall enjoy working conditions such aswages, 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 (OccupationalHealth and Safety Authority Act) as well as any other national legislation, regulations, standards and/orcodes 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 consentedthat the contract is terminated with immediate effect and that no claim for damages or compensation beraised by us.

Signature: .............................................................

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

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

Page 23: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 23/51

Page 23

2. Experience as Contractor

List of  marine  environmental monitoring surveys (benthic studies and structural integrity surveys)

performed during the past five (5) years:

Description of Services Total Value of Services Period of Execution Client*/

Contracting Authority*

Signature: ....................................................................

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

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

Page 24: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 24/51

3. Key Experts

The Evaluation Committee reserves the right to request the tenderers to substantiate their claims in respect

CVs of Key Experts during the evaluation stage. Key Experts shall also be requested to submit a filled-in Stat

during the evaluation stage. 

Name of Expert Proposed Position Nationality Age Educational

Background

Specialist

Area of 

Knowledge

Y

Exp

Signature: ....................................................................

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

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

Page 25: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 25/51

Page 25

3.1 Statement on Exclusivity and Availability 

TO BE COMPLETED BY EACH INDIVIDUAL KEY EXPERT IF REQUIRED

PUBLICATION REF: MTA 793/2011

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 theperiod(s) foreseen for the position for which my CV has been included in the event that this tender issuccessful, namely:

From To

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

< start of period 1 >

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

< end of period 1 >

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

< start of period 2 >

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

< end of period 2 >

< etc > < etc >

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

above periods.By making this declaration, I understand that I am not allowed to present myself as a candidate to any othertenderer submitting a tender to this tender procedure. I am fully aware that if I do so, I will be excludedfrom this tender procedure, the tenders may be rejected, and I may also be subject to exclusion from othertender procedures and contracts.

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

Name of Key Expert: ....................................................................

Signature: ....................................................................

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

Page 26: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 26/51

Page 26

VOLUME 1 SECTION 5 – GLOSSARY

Definitions

Note: the present definitions are given here for convenience only, in the context of the tender procedure.The definitions set out in the contract as concluded are determining for the relations between the partiesto the contract.

  Administrative order : Any written or oral instruction or order issued by the Project Manager to theContractor regarding the execution of the services.

Beneficiary Country: The Maltese Islands.

Breakdown of the overall price: A heading-by-heading list of the rates and costs making up the price for alump-sum contract.

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

Cash Flow Forecast: The Contractor’s estimate of the cash flows arising directly from the execution of a

fee-based contract. 

Central Government Authority: means the Malta Tourism Authority 

Commission: The European Commission.

Conflict of interest: Any event influencing the capacity of a candidate, tenderer or supplier to give anobjective and impartial professional opinion, or preventing him, at any moment, from giving priority to theinterests of the Central Government Authority and the Contracting Authority. Any consideration relating topossible 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-contractorsand employees of the candidate, tenderer or supplier.

Contract: The signed agreement entered into by the parties for the performance of the services, includingall 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 theagreed terms and conditions.

Contracting Authority: means the final beneficiary of the contract. 

Contractor : The party which contracts to perform the services.

Day : Calendar day.

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

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 administrativecapacities 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 foreach 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 27: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 27/51

Page 27

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

General conditions: The general contractual provisions setting out the administrative, financial, legal andtechnical clauses governing the execution of contracts.

General damages: The sum not stated beforehand in the contract, which is awarded by a court or anarbitration tribunal, or agreed between the parties, as compensation payable to an injured party for abreach 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 andelectronic mail (e-mail).

Liquidated damages: The sum stated in the contract as compensation payable by the Contractor to theContracting Authority for failure to complete the contract or part thereof within the periods under thecontract, 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.

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

Period : A period begins the day after the act or event chosen as its starting point. Where the last day of aperiod is not a working day, the period expires at the end of the next working day.

Plant: appliances and other machinery, and, where applicable under the law and/or practice of the state of the Contracting Authority, the temporary structures on the site required to carry out the works but excludingequipment or other items required to form part of the permanent works.

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

Project Manager: The natural or legal person responsible for monitoring the implementation of the contracton behalf of the Contracting Authority.

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.

Special conditions: The special conditions laid down by the Contracting Authority as an integral part of thetender document, amplifying and supplementing the general conditions, clauses specific to the contract andthe terms of reference.

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

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

Terms of Reference: The document in Volume 3, Section 1, drawn up by the Contracting Authority giving thedefinition of its requirements and/or the objectives in respect of the provision of services, specifying, whererelevant, 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 eventwhich serves as the starting point for those periods. Should the last day of the period fall upon a non-workingday, 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 28: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 28/51

Page 28

VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC PROCUREMENTREGULATIONS

Part XII - Separate packages in tender offer

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

(1) Contracting authorities listed in Schedule 1 shall ensure that for all tenders awarded by the

open or restricted procedures with an estimated value of over two million euro (€2,000,000) or, at

the discretion of the Director of Contracts, on tenders of a lower estimated value or on tenders

awarded through the negotiated or competitive dialogue procedures, the tender conditions

stipulate that tenders shall only qualify for consideration if they are submitted in separate and

sealed packages as follows:

(a) Package One: an original and valid tender bond (Bid Bond), duly executed in the

form, for the amount and for the validity period stipulated in the official tender document;

(b) Package Two: technical specifications including supportive literature, details,

designs, samples and any other matter as requested in the tender documents; and

(c) Package Three: completed price schedules and, or bills of quantities, form of tender, payment terms or other financial arrangements; any covering letter which may provide otherpertinent details of a commercial nature.

(2) In the process of adjudicating the tender, the packages for all tenderers shall be opened in

public and in the sequence enumerated in the sub-regulation (1). When at any stage, any tenderer

fails to comply with the tendering procedural requirements and, or with the specifications, the

remaining packages in his tender offer are to be discarded unopened:

Provided that the Director of Contracts or, with his authorization, any contracting authority, shallhave the right to seek clarifications on points of a technical nature to enable a proper evaluation of any tender, which, however, would at that stage have already been declared to be basicallycompliant.

(3) Any decision leading to the discarding of any tender during any stage of the process is to be givenpublicity at the office of the contracting authority or at the Department of Contracts as the casemay be and the affected tenderer is to be informed of the decision within two working days of itspublication.

(4) A complaint by the affected tenderer and any person having or having had an interest in

obtaining a particular public contract must reach the Review Board within ten calendar days from

the date of notification of the decision, which complaint shall be communicated by the Secretary of 

the Review Board to the Department of Contracts at once. The complaint submitted to the Review

Board shall be accompanied by a deposit of 0.5% of the estimated value of the tender as submitted

by the tenderer, which deposit shall only be refundable if the Review Board finds in the tenderer’s

or other person having or having had an interest in obtaining a particular public contract’s favour:

Provided that the deposit shall in no case be less than ten thousand euro (€10,000) or more thanfifty-eight thousand euro (€58,000).

(5) The review is to be effected by the Public Contracts Review Board before the next stage of the

adjudication process is commenced.

(6) The procedure to be followed by the Board when carrying out the review shall consist in a completeand detailed re-examination of the reasons brought forward by the adjudication board of anydepartment or contracting authority for the discarding of any particular tender.

Page 29: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 29/51

Page 29

(7) In fulfilling this obligation the Chairman of the Review Board shall have the right to put appropriatequestions to the Head of any department or contracting authority as well as the members of therespective adjudication boards and to have recourse to all pertinent documentation.

(8) The Chairman of the Review Board shall also have the right to seek expert advice from outside thedepartment or contracting authority involved.

(9) The decision of the Board shall be final and binding on all parties and the award procedure shallproceed in accordance with its decision.

(10) Any tenderer or any other person having or having had an interest in obtaining a particular

public contract whose complaint under this Part is not upheld shall have the right to have recourse

to the procedure for appeals as provided for in Part XIII when the offer reaches the final stage of 

the award procedure, that is, the opening and the publication of the financial proposals:

Provided that any rights granted to tenderers by virtue of regulation 85(6) shall also apply to

appeals decided by the Review Board under this Part:

Provided further that any tenderers whose complaint have been heard in terms of sub-regulation (4)may request a substitute of the members of the Review Board when appealing in terms of sub-

regulation (10).

Part XIII - Appeals

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

(1)

(2)

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

The notice shall be filed within ten calendar days following the date on which the contractingauthority 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 therelevant reasons relating to the rejection of the tender as set out in regulation 44(3), and by a precisestatement of the exact standstill period.

The notice of objection shall only be valid if accompanied by a deposit equivalent to one per cent of the estimated value of the tender submitted by the tenderer, provided that in no case shall thedeposit be less than one thousand and two hundred euro (€1,200) or more than fifty-eight thousandeuro (€58,000). The Secretary of the Review Board shall immediately notify the Director that anobjection had been filed with his authority thereby immediately suspending the award procedure. TheDepartment of Contracts or the contracting authority involved, as the case may be, shall be precludedfrom concluding the contract during the period of ten calendar days allowed for the submission of 

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

The procedure to be followed in submitting and determining complaints as well as the conditions underwhich such complaints may be filed shall be the following:(a) 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) the notice of objection duly filed in accordance with sub-regulation (1) shall be made public bythe Review Board not later than the next working day following its filing;

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

be circulated to the persons who file an objection and interested parties. After thepreparatory process is duly completed, the Head of the contracting authority shall forward tothe Chairman of the Review Board all documentation pertaining to the call for tenders inquestion including files, tenders submitted, copies of deposit receipts, any motivated letter,who shall then proceed as stipulated in Part XIV;

Page 30: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 30/51

Page 30

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

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

1. 

Page 31: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 31/51

Page 31

Form 1 - Power of Attorney

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

documentation.

Signature: ....................................................................

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

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

Page 32: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 32/51

Page 33: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 33/51

Page 33

Form 3 - Sub-Contracting

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

Service/s intended to besub-contracted

Name and details of sub-contractors

Value of sub-contractingas percentage of thetotal cost

Experience in similarservices (details to bespecified)

Signature: .............................................................

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

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

Page 34: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 34/51

Page 34

VOLUME 2

VOLUME 2 SECTION 1 – DRAFT CONTRACT FORM

Financed by: The Government of Malta

Project: Service Tender to undertake Environmental Monitoring in connection with the

scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012.

Contract Number: ................................................. [Contract Number]

This contract is concluded between:

Malta Tourism Authority‘Auberge d’Italie’,Merchants Street,Valletta VLT 1170Malta

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

[Name of Contractor][Address]

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

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

Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrolboat P29 for use as a dive wreck – Session 2011-2012.

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

It is hereby agreed as follows:

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

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

(a) this Contract,(b) the Special Conditions,(c) the General Conditions,(d) the Terms of Reference,(e) the Contractor’s technical offer (Organization & Methodology) (including any clarifications made duringadjudication),(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 hereinaftermentioned, the Contractor undertakes to execute and complete the works and remedy defects therein infull compliance with the provisions of the contract.

Page 35: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 35/51

Page 35

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

•  Contract price (including 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 themanner prescribed by the contract. VAT shall be paid in compliance with National Law (in particular theVAT Act 1998, the Act No X of 2003 and relevant Legal Notices).

5. The Contractor hereby agrees to submit a performance guarantee amounting to €............... equivalent to10% 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 dateon which it is signed by the last party.

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

Central Government Authority: Contractor:

Signed by:

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

Signed by:

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

In the capacity of:

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

In the capacity of:

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

Being fully authorized by and acting on behalf of 

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

Being fully authorized by and acting on behalf of 

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

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

Page 36: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 36/51

Page 36

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 generalconditions, and have read and accepted in full and without reservation the conditionsoutlined therein, and are therefore waiving any standard terms and conditions which theymay have.

These general conditions will form an integral part of the contract that will be signed withthe successful tenderer/s.

Page 37: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 37/51

Page 37

VOLUME 2 SECTION 3 – SPECIAL CONDITIONS

These conditions amplify and supplement, if necessary, the General Conditions governingthe contract. Unless the Special Conditions provide otherwise, those General Conditionsremain fully applicable. The numbering of the Articles of the Special Conditions is notconsecutive but follows the numbering of the Articles of the General Conditions. OtherSpecial Conditions should be indicated afterwards. 

 Article 2: Notices and Written Communications

2.2 Malta Tourism Authority,‘Auberge d’Italie’,Merchants Street,Valletta

 Article 5: Supply of Information

5.1 As per General Conditions.

 Article 6: Assistance with Local Regulations

6.1 As per General Conditions.

 Article 7: Obligations of the Contractor 

7.8 As per General Conditions.

 Article 13: Medical, Insurance and Security Arrangements

13.3 As per General Conditions.

 Article 14: Intellectual and Industrial Property Rights

14.3 As per General Conditions

 Article 15: Scope of the Services

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

 Article 16: Personnel and Equipment

16.3 As per General Conditions.

 Article 18: Execution of the Contract

18.1 Performance of the contract is to commence within 15 days from the order to commencework.

 Article 19: Delays in Execution

19.2 The daily rate for liquidated damages is €410 for every day (up to a limit of €5,000) or partthereof, elapsing between the period of execution and the actual end of the period of execution.

 Article 20: Amendment of the Contract

20.2 As per General Conditions.

 Article 24: Interim and Final Progress Reports

24.1 Not applicable.

 Article 26: Payments and Interest on Late Payment

Page 38: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 38/51

Page 38

26.1 This is a global-price contract.

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

Milestones Narrative Percentage (%)

Presentation of Draft Report Payment 1 40%

Presentation of Final Report

and approval by Contracting

Authority

Payment 2 50%

Approval of Report by MEPA Balance 10%

TOTAL 100%

26.2 The maximum period in which payments are to be effected is 150 days, failing which theprovisions of the Late Payments Directive will come into effect

 Article 27: Financial Guarantee

27.2 Not applicable.

 Article 28: Audit Certificate

28.4 Not applicable.

Page 39: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 39/51

Page 39

VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE

(LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE)

Malta Tourism Authority,‘Auberge d’Italie’,Merchants Street,

Valletta, VLT 1170

[Date] 

Dear Sir,

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

Account: [Account Holder’s Name]

In connection with the contract entered into between yourself on behalf of the Director of Contracts and[Name and Address of Contractor] hereinafter referred to as “the Contractor” as per the latter’s tender andyour acceptance under [CT File Reference], whereby the contractor undertook the [title of contract] in

accordance with Article 7.8 of the General Conditions for Service Contracts forming part of the contractdocuments, we hereby guarantee to pay you on demand a maximum sum of  €[amount in works andnumbers] in case the obligations of the above-mentioned contract are not duly performed by the Contractor.

This guarantee will become payable on your first demand and it shall not be incumbent upon us to verifywhether such demand is justified.

For avoidance of doubt it is hereby declared that although this instrument gives rise to legal relationsbetween the guarantor and the beneficiary, it is hereby specifically declared for all intents and purposes of law that this guarantee does not exempt the above-mentioned Contractor from any obligations, acts of performance or undertaking assumed under the tender documents as ratified in the contract.

Any payments due to the contractor in respect of the obligations entered into under the contract abovereferred to shall be made through this Bank.

This guarantee expires on the [expiry date] and unless it is extended by us or returned to us for cancellationbefore that date any demand made by you for payment must be received in writing not later than theaforementioned expiry date.

This document should be returned to us on utilization or expiry or in the event of the guarantee being nolonger required.

After the expiry date and in the absence of a written demand being received by us before such expiry date,this guarantee shall be null and void, whether returned to us or not, and our liability hereunder shallterminate.

This guarantee is personal to you, and is not transferable or assignable.

Yours Faithfully,

.............................................[Signatory on behalf of Guarantor]

Page 40: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 40/51

Page 40

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

Table of Contents

1. Background Information .............................................................................411.1 - Beneficiary Country...................................................................................................... 411.2 - Central Government Authority......................................................................................... 411.3 - Contracting Authority ................................................................................................... 411.4 - Relevant Country Background.......................................................................................... 411.5 - Current State of Affairs in the Relevant Sector..................................................................... 411.6 - Related Programmes and Donor Activities........................................................................... 42

2. Contract Objectives and Expected Results .......................................................422.1 - Overall Objectives ....................................................................................................... 422.2 - Specific Objectives....................................................................................................... 422.3 - Results to be Achieved by the Consultant ........................................................................... 42

3. Assumptions and Risks ...............................................................................423.1 - Assumptions Underlying the Project Intervention.................................................................. 42

3.2 – Risks ........................................................................................................................ 42

4. Scope of the Work ....................................................................................424.1 – General..................................................................................................................... 424.2 - Specific Activities ........................................................................................................ 434.3 - Project Management..................................................................................................... 45

5. Logistics and Timing..................................................................................455.1 – Location.................................................................................................................... 455.2 - Commencement Date & Period of Execution........................................................................ 45

6. Requirements..........................................................................................456.1 – Personnel .................................................................................................................. 456.2 – Accommodation .......................................................................................................... 466.3 - Facilities to be provided by the Consultant ......................................................................... 46

6.4 – Equipment ................................................................................................................. 467. Reports .................................................................................................46

7.1 - Reporting Requirements ................................................................................................ 467.2 - Submission & approval of progress reports .......................................................................... 46

8. Monitoring and Evaluation...........................................................................478.1 - Definition of Indicators.................................................................................................. 478.2 - Special Requirements ................................................................................................... 47 

Page 41: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 41/51

Page 41

Terms Of Reference

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

1. Background Information

1.1 - Beneficiary Country 

Malta

1.2 - Central Government Authority 

Malta Tourism Authority

1.3 - Contracting Authority 

Malta Tourism Authority

1.4 - Relevant Country Background 

The Maltese Islands are located 93km south of Sicily (Italy) and 290km from the north coast of Africa. The country, being a small island state, has an economy which is highly dependent onTourism. Tourism is vital for the Maltese economy as it accounts for 25% of the Gross NationalProduct and creates approximately 17% of full time equivalent employment, creating a certaindependency on the tourism sector (Mangion, 2003). Maltese tourism developed on the basis of the

island being a sun and sea destination. One of the main issues that have been under discussion for anumber of years relating to tourism is the strong need for market diversification in the tourismsector.

1.5 - Current State of Affairs in the Relevant Sector 

The contribution of the Diving Segment to the Tourism Sector has increased substantially due to thepopularity of the Maltese waters with both local recreational divers as well as leisure and fanaticdivers from overseas. Since the 1970s the number of dive schools in Malta has increased from 5 to34 in Malta (plus 12 in Gozo).

Malta hosts a range of dive sites that benefit from fantastic underwater scenery in warm and clearwaters. As a destination, Malta enjoys a good reputation for excellent shore and wreck diving.Most dive tourists originate from Europe; the largest markets being the UK, Germany, Italy, France,the Netherlands and Nordic Countries.

Tourist arrivals to Malta since 2005 have increased on a generally upward trajectory, assistedthrough the liberalisation of the airline industry, which has seen the expansion of budget operatorsto/from more regional airports throughout Europe. 2010 was a record year for tourist visits toMalta. During this period the proportion of ‘fanatic divers’ who visited Malta increasedsubstantially; diver numbers in 2010 saw an increase of 49% over the figures of 2009.

Apart from the historic wrecks dotting the coastline of the Maltese Islands, there are currently 6wrecks close to the coast of Malta that have been purposely scuttled for diving: the MV Rozi and the

P29 in Cirkewwa, the Um El Faroud in Zurrieq, the Imperial Eagle off Qawra Point, and the tugboats number Ten and the St Michael at Zonqor Point, Marsaskala.

Page 42: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 42/51

Page 42

1.6 - Related Programmes and Donor Activities

Following the scuttling of the P29, an Environmental Monitoring Programme (EMP) was devised andapproved by MEPA as a condition of the permit to scuttle. The first monitoring sessions werecarried out in 2010 – 2011. This tender relates to the second monitoring session.

2. Contract Objectives and Expected Results

2.1 - Overall Objectives

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

•  Objective 1: to undertake the necessary environmental monitoring as required by thedevelopment permit and as set out in the approved EMP.

2.2 - Specific Objectives

The objectives of this contract [which are not necessarily those of the project] are as follows:

•  Objective 1: Monitoring of the growth on the wreck and associated biota [EMP: Para 6 – 11]

•  Objective 2: Monitoring of changes to the physical environment around the wreck [EMP:Para 12 – 17]

•  Objective 3: Monitoring of the structure of the wreck itself [EMP: Para 22 – 24]

2.3 - Results to be Achieved by the Consultant

1.  Result 1: Report on ecological conditions on and around the wreck to satisfy Objective 12.  Result 2: Report on the physical environment around the wreck to satisfy Objective 23.  Result 3: Report on the structural integrity of the wreck and diver risk assessment to satisfy

Objective 34.  Result 4: Attendance to meetings and presentation of results as required by the Contracting

Authority

3. Assumptions and Risks

3.1 - Assumptions Underlying the Project Intervention

1.  Environmental Monitoring Plan – Version 2: The Contractor is expected to be familiar withthe Environmental Monitoring Plan – Version 2 prepared for the monitoring of the P29 divewreck and approved by MEPA.

2.  Care for the Environment: The Contractor shall take all steps to protect or maintain theenvironment. Every reasonable care is to be taken during the execution of the Contract toavoid any contamination of / damage to the environment.

3.2 – Risks

Risks are those related to any marine survey work.

4. Scope of the Work

4.1 – General

4.1.1 Project Description

In 2006, the Malta Marine Foundation applied to the Malta Environment & Planning Authority (MEPA)to scuttle the former Armed Forces of Malta Patrol Boat (P29) at Cirkewwa in order to create a new

dive site (Application number PA 06279/06). The application was the subject of an EnvironmentalImpact Assessment, which was duly completed and certified by MEPA in 2007. MEPA issued a fulldevelopment permit on 2 August 2007 and the vessel was scuttled on 14 August 2007.

Page 43: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 43/51

Page 43

The development permit required the preparation of an EMP and the carrying out of monitoring of the wreck and its surroundings annual for a maximum period of 5 years.

Environmental monitoring of the wreck was first carried out in 2010 / 2011. The present tenderrefers to the second monitoring session covering the period 2011-2012.

4.1.2 Geographical Area to be covered 

The P29 and its surroundings as set out in the EMP.

4.2 - Specific Activities

Task 1: Monitoring of the growth on the wreck and associated biotaThe growth of biota on the scuttled vessel will follow a process of colonisation that is welldocumented for such cases. It will commence with the growth of filamentous algae on the ship’shull, followed by a gradual change to a more complex community structure. The extent of complexity and the speed of colonisation will depend on a number of factors, not least being theeffect of the antifouling properties of the existing paint. The biota growing on the vessel or thosesomehow associated with it will include:

•  Sessile communities (algae/invertebrates);

•  Small motile invertebrate fauna; and

•  Large motile fauna (fish / invertebrates).

Qualitative description of biotic growth on vesselThe assessment of the growth on the vessel will be carried out as a qualitatively on the basis of asimple visual assessment. Divers will swim along two transects set at right angles to each other andcentred on the mid-section of the vessel; hence, one transect will follow the long axis of the vesselwhereas the other transect will be set along the width of the wreck. Qualitative observations andannotations will be recorded. The visual survey will be supported by video and/or photographstaken along the two transects as required.

 Assessment of fish populations

A semi-quantitative assessment of the fish populations present on or in the vicinity of the wreck willalso be carried out. The methodology will follow that used in the first monitoring session. Theassessment will include a species list and semi-quantitative data on species abundance (e.g.individuals, small shoal, large shoal, etc., and frequency). Fish will be recorded in situ andestimates of their abundance made based on an established classification used in previous similarstudies locally.

Changes to benthic assemblages in the vicinity of the wreck

Changes to the community structure of habitats in the vicinity of the wreck will also be monitoredthrough transect surveys. The transect system will be used to characterise the benthic habitats andspecies in the area and for the formulation of a spatial distribution map of the benthic assemblages.The floral and faunal assemblages recorded during the survey will be characterised according to the

system given in Borg & Schembri (2003). The monitoring will determine any changes in distributionof the Cymodocea nodosa / Halophila stipulacea beds and monitoring of the same seagrasses forchanges in population characteristics. A description of features that may indicate environmentaldisturbance and the presence of species or habitats that are typical of disturbed environments willalso be provided.

Task 1 Reporting:Following the conclusion of Task 1, a Report of Survey shall be prepared and submitted to theContracting Authority for review. This report shall include all details and a description of themethodology adopted in the surveys and any analytical procedures used. The results obtained areto be included in their entirety. The Report is to include maps, photos, drawings etc., asappropriate. The Contractor shall also be provided with a copy of the reports prepared for the firstmonitoring session carried out in 2010 / 2011 and the Task 1 Report shall also include a comparativeanalysis of the 2011-2012 data with those of the first monitoring session, highlighting changes thatoccurred since.

Task 2: Monitoring of changes to the physical environment around the wreck

Page 44: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 44/51

Page 44

The presence of the wreck can result in changes to the surrounding environment through changes incurrents, sediment movement, and new species interactions. This part of the monitoring will assessthese effects of the presence of the wreck.

Sediment movement

This part of the monitoring will include a side-scan sonar survey of the vessel and its surroundings.Successive sonar surveys will provide an indication on whether the vessel has shifted, changes inseabed topography due to accumulation of sediment, scour, changes in gross sediment size at thesurface, as well as changes in the vessel’s structure. This approach would amalgamate themonitoring of the sediments with the monitoring of the vessel (see below).

Pollution

A visual survey of the wreck will be undertaken to identify sources of pollution. If the visual surveyindicates significant pollution from / deterioration of the wreck, samples of any loose material,corroding surfaces, and leaking substances will be collected and analysed for the potential presenceof heavy metals and organic compounds that are deemed to be toxic to marine biota and/or areconsidered as pollutants.

If the presence of toxic and/or polluting substances is indicated, samples of sediments and/orbiota, as appropriate, will be collected in the vicinity of the wreck to assess the presence and levelof contamination of the marine benthic environment. This will only be undertaken if deemedappropriate and following discussion with MEPA.

To avoid unnecessary impacts on biota, wherever possible, sampling will be restricted to sediments.

Task 2 Reporting:Following the conclusion of Task 2, a Report of Survey shall be prepared and submitted to theContracting Authority for review. This report shall include all details and a description of themethodology adopted in the surveys and any analytical procedures used. The results obtained areto be included in their entirety. The Report is to include maps, photos, drawings etc., asappropriate. The Contractor shall also be provided with a copy of the reports prepared for the firstmonitoring session carried out in 2010 / 2011 and the Task 2 Report shall also include a comparativeanalysis of the 2011-2012 data with those of the first monitoring session, highlighting changes thatoccurred since.

Task 3: Monitoring of the structure of the wreck itselfThe last component of the monitoring involves the visual inspection of the vessel for evidence of movement of the wreck, for signs of deterioration, and to undertake a diver risk assessment. Thefollowing will be assessed:

•  Position and stability of the wreck;

•  Structural integrity of the wreck;

•  Risks posed to divers including risks related to the stability of the wreck on the seabedand structural integrity, as well as risks from other users on site, such as boat trafficand fishing.

This monitoring will be carried out through a visual inspection by a qualified diver /assessor on thelines of similar surveys undertaken for other wrecks in the past and approved by MEPA. Theposition and stability of the wreck will be surveyed by means of side scan sonar equipment (seeabove).

The Diver Risk Assessment Survey will include video footage of the wreck and will focus on thepotential risks extant on the wreck that could prove to be hazardous to divers, in particular sportsor recreational divers. The main output of this component will be a report of survey, completewith videographic and photographic data and a map of the vessel showing the location of hazardsthat in the opinion of the survey team should be removed or addressed.

Task 3 Reporting:

Following the conclusion of Task 3, two Reports of Survey shall be prepared and submitted to theContracting Authority for review:

(i)  a Report on the remote sensing survey, which shall include a high resolution image of the wreck in its current state and a comparative analysis with the image produced in

Page 45: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 45/51

Page 45

the first monitoring session carried out in 2010 / 2011, identifying any visible changesidentified since the first monitoring session.

(ii)  A Diver Risk Assessment Report, complete with maps, photos, drawings etc., asappropriate and the Report shall include a comparative analysis of the 2011-2012 datawith those of the first monitoring session, highlighting changes that occurred since andany need for additional interventions on the vessel.

These reports shall include all details and a description of the methodology adopted in the surveysand any analytical procedures used. The results obtained are to be included in their entirety.

Indicative timeframe: First draft Reports for each Task are expected to be delivered within 8 weeksof the conclusion of the fieldwork session for each Task.

4.3 - Project Management

4.3.1 Responsible Body 

Malta Tourism Authority

4.3.2 Management Structure

The Project is handled by the Product Development Directorate within the Malta Tourism Authoritystructure, headed by the Product Planning Directorate Director or his representative.

The PPD Project Leader will represent MTA on all implementation matters relating to this project.

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

None. The Contractor will be responsible to provide all facilities required for the proper executionof the Contract, including all necessary permits / licences / clearances.

5. Logistics and Timing

5.1 – Location

All monitoring will take place at the site of the P29 dive wreck. All project outputs and reports areto be delivered to: The Project Manager, Malta Tourism Authority, Auberge d’Italie, MerchantsStreet, Valletta VLT 1170.

5.2 - Commencement Date & Period of Execution

The intended commencement date is 15 days from the notification of award and the period of 

execution of the contract will be a maximum of six months from this date. Article 19.1 of theSpecial Conditions will determine the actual commencement date and period of execution.

6. Requirements

6.1 – Personnel

6.1.1 Other Experts

CVs for experts other than the key experts are not examined prior to the signature of the contract.They should not be included in tender document.

The Consultant shall select and hire other experts as required according to the profiles identified inthe Organisation & Methodology. For the purposes of this contract, international experts areconsidered to be those whose permanent residence is outside the beneficiary country while localexperts are considered to be those whose permanent residence is in the beneficiary country.

Page 46: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 46/51

Page 46

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

The selection procedures used by the Consultant to select these other experts shall be transparent,and shall be based on pre-defined criteria, including professional qualifications, language skills andwork experience. The findings of the selection panel shall be recorded. The selection of expertsshall be subject to approval by the Contracting Authority.

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

6.1.2 Support Staff and Backstopping

As appropriate.

6.2 – Accommodation

Office accommodation of a reasonable standard and of approximately 10 square metres for eachexpert working on the contract is to be provided By the Consultant.

6.3 - Facilities to be provided by the Consultant

The Consultant shall ensure that experts are adequately supported and equipped. In particular itshall ensure that there is sufficient administrative, secretarial and interpreting provision to enableexperts to concentrate on their primary responsibilities. It must also transfer funds as necessary tosupport its activities under the contract and to ensure that its employees are paid regularly and in atimely fashion.

If the Consultant is a consortium, the arrangements should allow for the maximum flexibility inproject implementation. Arrangements offering each consortium partner a fixed percentage of thework to be undertaken under the contract should be avoided.

6.4 – Equipment

No equipment is to be purchased on behalf of the Contracting Authority / beneficiary country aspart of this service contract or transferred to the Contracting Authority / beneficiary country at theend of this contract. Any equipment related to this contract which is to be acquired by thebeneficiary country must be purchased by means of a separate supply tender procedure.

7. Reports

7.1 - Reporting Requirements

An Inception Report outlining the method of survey to be adopted and the phasing / timing foreach Task.

An Interim Progress Report must be prepared within three months from the commencement of theProject.

There must be a final progress report and final invoice at the end of the period of execution. Thedraft final progress report must be submitted at least two weeks before the end of the period of execution of the contract. Note that these interim and final progress reports are additional to anyrequired in Section 4.2 of these Terms of Reference.

7.2 - Submission & approval of progress reports

One copy of the progress reports referred to above must be submitted to the Project Manageridentified in the contract. The progress reports must be written in English. The Project Manager isresponsible for approving the progress reports.

Page 47: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 47/51

Page 47

8. Monitoring and Evaluation

8.1 - Definition of Indicators

All technical reports submitted by the Contractor will be reviewed and endorsed by the MTA or itsappointed consultants and forwarded to MEPA. The Contractor must be disposed to resubmitreports, in accordance with instructions relayed by MTA and MEPA according to the exigenciesdictated during the course of services rendered on condition that such exigencies are within the

reasonable intentions of this contract.

8.2 - Special Requirements

None.

Page 48: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 48/51

Page 48

VOLUME 3 SECTION 2 – TENDERER’S TECHNICAL OFFER (ORGANIZATION &METHODOLOGY)

To be completed by the tenderer

The tenderer is required to provide all the technical information listed below. The following points will form thebasis to classify whether the technical offer is technically compliant or non-compliant. The tenderer is to draftand submit the Organisation & Methodology Statement in the format described below. This is intended to

enable the Contracting Authority to adequately assess the technical compliance of the bid. This Annex

represents the minimum requirements to be considered by tenderers. Further sub-sections may be added toenhance the level of detail of technical offers. Nonetheless, the tenderer is to explicitly abide to theproposed sections described below.

Note: The Tenderer is to ensure that the Organisation and Methodology statement is exhaustive andaddresses all aspects of the Terms of Reference. DIRECT COPYING FROM THE TERMS OF REFERENCEWILL NOT BE ACCEPTED. 

1.  RATIONALE

This part of the O & M statement tests the Consultants’ understanding of the contract and work needed;their professional views of the contract objectives and of the project team’s approach. Any comments

contradicting the Terms of Reference or falling outside their scope will not form part of the final contract.

1.1 Compliance with ToR requirements 

(a)  Proposed deliverables, and any alternative recommendations where relevant, on the specificactivities and tasks that are identified in the ToR and how the contractor plans to implement themwithin the project timeframes;

(b)  Technical overview on how the contractor plans to reach the set timeframes;

(c)  Technical overview of the team making sure that the team presented meets the requirements as setin the ToR;

1.2 Key Issues

(d)  Provide a concise description to what are, in the opinion of the tenderer, the issues at hand, theopportunities, specific problems and limitations or constraints posed by the ToR. Tenderer is also tocome up with solutions to the problems and limitations.

(e)  Provide recommendations on the overall objectives and results of the contract

1.3 Risks and Assumptions

(f)  Provide remarks and additional comments on the risks and assumptions identified in the ToRs andproposed measures for reducing and managing the risks to the timely and successful completion of this contract. Bidders are encouraged to include any further risks they envisage.

Page 49: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 49/51

Page 49

2.  STRATEGY

In this section, the tenderers should outline their strategy for attaining the objectives of the contract withinthe context of the rationale described in the previous section.

2.1 General characteristics 

(a) Describe the proposed approach for implementing the contract;

(b) Justify the proposed approach in terms of its relevance to the objectives and context of the contract;

(c) Include documentary proof of commitment to equal opportunities. In particular, tenderers are

encouraged to demonstrate that their firm has an established corporate equal opportunities policy and thatthe selection of experts engaged for the purpose of executing this Contract has followed a commitment toequal opportunities with respect to gender, race, religious beliefs, sexual orientation, political opinions anddisabilities;

2.2 Inputs and outputs

(d) Give an overview of the inputs and outputs related to this Contract;

(e) Include a list of key and non-key expert support staff that will be deployed on the contract;

(f) Describe the specific outputs, including specifications where relevant, to be produced and explain thespecific interactions that are planned across the different fields of expertise; why these are deemed to beimportant; and how they will be managed and reflected in the contract outputs and results

2.3 Overall coordination strategy  

In the case of a sub-contracting arrangement:

(g) Provide a description of sub-contracting arrangements foreseen, if any;

(h) Give a clear indication of the tasks that will be entrusted to a sub-contractor.

2.4 Company Profile 

(i) Provide information regarding existing and past clients and works carried out especially work related

to marine benthic studies for environmental monitoring, structural integrity surveys for dive wrecks or

other submerged structures, remote sensing surveys, and diver risk assessments. 

3.  TIME PLANNING OF ACTIVITIES

(j) Provide a Gantt chart showing different stages of implementation

4. RESOURCES

(a) The bidder must demonstrate how through the use of his/her resources the timely delivery of the tasksidentified under the contract are achieved;

(b) The bidder must demonstrate how through the use of his/her resources and expertise he/she

will ensure the quality of the tasks identified under the contract.

Criterion

Technically

Compliant

Technically non-

complaint

Organisation and Methodology

1. Rationale

1.1 Compliance with ToR Requirements

1.2 Key Issues

Page 50: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 50/51

Page 50

1.3 Risks and Assumptions

2. Strategy

2.1 General Characteristics

2.2 Inputs and Outputs

2.3 Overall coordination Strategy

2.4 Company Profile

3 Time planning of Activities

4 Resources

Page 51: Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 for use as a dive wreck – Session 2011-2012

8/4/2019 Service Tender to undertake Environmental Monitoring in connection with the scuttling of former patrol boat P29 fo…

http://slidepdf.com/reader/full/service-tender-to-undertake-environmental-monitoring-in-connection-with-the 51/51

VOLUME 4 - FINANCIAL BID

(GLOBAL PRICE CONTRACTS)

Global price to undertake Environmental Monitoring in connection with the scuttling of 

former patrol boat P29 for use as a dive wreck – Session 2011-2012 as outlined in the

Tender Document, Advert Number MTA 793/2011

Description Price inclusive of alltaxes but excluding

VAT

Amount in Euro (€)

VAT

Amount in Euro (€)

Total inclusive of VAT

Amount in Euro (€)

Service Tender toundertake

EnvironmentalMonitoring inconnection withthe scuttling of former patrolboat P29 for useas a dive wreck –Session 2011-2012

€..........................

Amount in Words:

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

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

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

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

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

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

€..........................

Amount in Words:

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

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

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

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

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

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

€..........................

Amount in Words:

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

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

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

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

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

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


Recommended