tender document: ct 2577/2009

Closing Date: 10th December 2009 at 10:00 am Date Published: 20th October 2009

Operational Programmes for Malta Cohesion Policy 2007-2013

Investing in your future

Note:

The Tender Guarantee is set at € 22,500 and must remain valid until 9th May 2010

SUBJECT:

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

Tender Document: CT 2577/2009 The cost of this tender dossier is € 250

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

Cohesion Fund

CT File No. 2577 / 2009

CT Notice CT 406/2009

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Our ref: CT 2577/2009

TABLE OF CONTENTS FOR Tender for EPCM Consultancy Services for the design, contracting and managing a project for the construction of a Mechanical and Biological Treatment plant in the North of Malta

The complete tender dossier is attached to this letter. It includes:

A. Instructions to tenderers

B. Draft Contract Agreement and Special Conditions with annexes:

I. General Conditions for service contracts

II. Terms of Reference

III. Organisation and Methodology (To be submitted by the tenderer according to the template provided)

IV. Key experts (including templates for the summary list of key experts and their CVs)

V. Budget (To be submitted by the tenderer as the Financial offer using the template provided)

VI Financial Guarantee

VII. Tender Guarantee

VIII. Performance Guarantee

IX. Details of Bidders

X. Declaration re- Qualitative Selection Criteria

Other forms and relevant documents

C. Other information:

I. Administrative compliance grid

II. Evaluation grid

D. Tender submission form For full details of the tendering procedures, please refer to the Public Contracts Regulations 2005 (LN 177/2005), which may be downloaded from the following web link: http://www.contracts.gov.mt

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Instructions to tenderers

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Instructions to Tenderers for Service Contracts

PUBLICATION REFERENCE: CT 2577/2009

In submitting their tenders, tenderers must respect all instructions, forms, Terms of reference, contract provisions and specifications contained in this tender dossier. Failure to submit a tender containing all the required information and documentation within the deadline specified may lead to the rejection of the tender.

1. Services to be provided The services required by the Contracting Authority are described in the Terms of Reference. These are contained in Annex II of the draft contract, which forms Part B of this tender dossier.

2. Timetable

Date Time*

Deadline for request for any clarifications from the Central Government Authority

25th November 2009 -

Site visit (if any) Not applicable Not applicable

Clarification meeting (if any) Not applicable Not applicable

Last date on which clarifications are issued by the Central Government Authority

4th December 2009 -

Deadline for submission of tenders 10th December 2009 10.00 am

Interviews (if any) Not applicable Not applicable

* All times are in the time zone of the country of the Central Government Authority Provisional date

3. Participation and sub-contracting a) Participation in this tender is by the process defined in the Public Contracts Regulations as the

“open procedure” whereby any interested economic operator may submit a tender

b) Participation in tendering is open on equal terms to all natural and legal persons of the Member States of the European Union, candidate countries or any other country as stipulated in Article 68 of the Public Contracts Regulations.

c) Sub-contracting is the only allowed form of collaboration and only on condition that the tenderer explicitly states that it is the sole party which will be contractually liable. If the tenderer intends to subcontract one or more parts of the contracted services, this must be clearly stated by the tenderer in its Tender submission form;

d) The selected tenderer must intend to carry out the major part of the services itself. The total value of the sub-contracted part of the services must not exceed 40% of the contract value and the sub-contractor must not sub-contract further;

e) All sub-contractors must be eligible for the contract. If the identity of the intended sub-contractor is already known at the time of submitting the tender, the tenderer must furnish a statement guaranteeing the eligibility of the sub-contractor. If any sub-contractor identified in this way does not

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meet the eligibility criteria, the tender may be rejected. If the identity of the sub-contractor is not known at the time of submitting the tender, any sub-contract must be awarded according to Article 4 of the General Conditions of the contract, subject to the limit on the total value of the sub-contracted services stated in d) above.

f) Administrative Compliance Requirements

Administrative Compliance Requirements include:

(i) An Original and valid tender guarantee (Bid Bond) that is mandatory and that must be submitted as per section 4.1

(ii) Documentary proof in terms of the requirements of Article 3(g) below

(iii) Proof of Financial and Economic Standing as per Article 3 (h)(i) below

(iv) Proof of Technical Capability as per Article 3 (h)(ii) below

(v) A) A list of works carried out by the contractor and any subcontractor/s identified at

tendering stage, specifically related to the nature of the tasks of this contract accompanied by certificates of satisfactory execution. Either cumulatively or independently, they shall have successfully completed contracts in a primary capacity to cover the full range of tasks specified in this contract (tasks 1 – 8) over the last 7 years in the period immediate prior to the submission of this tender document.

B) In case of a Joint Venture, a list of works carried out by the Partners and any

subcontractor/s identified at tendering stage specifically related to the nature of the tasks of this contract accompanied by certificates of satisfactory execution. Either cumulatively or independently, they shall at least have successfully completed contracts in a primary capacity to cover the full range of tasks specified in this contract (tasks 1 – 8) over the last 7 years in the period immediate prior to the submission of this tender document.

In addition to fulfilling the requirements set out in these sections and articles, to be administratively compliant, tenderers must include in their submissions filled, signed and stamped where necessary the forms in Annex VIII and Annex IX: The details and forms on Part D are to be filled in carefully. The financial offer must only be submitted, in the third package (vide section 4 below).

Offers that are found to be administratively compliant according to the Administrative Compliance Requirements and as per Administrative Compliance Grid in Part C of this dossier will then be assessed using the criteria for adjudication of the technical offers on the Evaluation Grid (for the Organisation and Methodology), also in Part C; and if successful on this account, of the Financial Offer. The evaluation of the financial offers and their weighting in relation to the successful technical offers is explained in Section 17 below.

g) Annex X Declaration -

Natural persons, companies or undertakings for whom the conditions set out in Article 49 of the Public Contracts Regulations 2005, apply, may be excluded from participation in and the award of contracts.

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Tenderers or candidates who have been guilty of making false declarations will also incur financial penalties representing 10% of the total value of the contract being awarded. That rate may be increased to 20% in the event of a repeat offence within five years of the first infringement.

Tenderers are to fill in form at Annex X as per clause 4.2 (e). Failure to fill in this form properly will render the offer non-compliant.

h) Selection Criteria (in accordance with Articles 50 and 51 of Legal Notice of 177/2005)

(i) Financial and Economic Standing

The Tenderer shall have a gross turnover of consultancy services in directly related fields of not less than an average of 2.5 Million Euros per annum estimated for the last three years immediately prior to the submission of tender. In case of Joint Ventures, the minimum amount of turnover of 2.5 Million Euros per annum may be reached jointly.

The tenderer is to give proof of the financial and economic standing by submitting balance sheets and profit and loss accounts for the years 2006, 2007 and 2008; and also details of employees engaged on part-time/permanent basis at present and over same period. These are to be certified by an accredited accountant or auditor, with clear details of the latter. For the years 2006 and 2007 only audited reports are acceptable. In case the reporting schedule for 2008 does not enable the submission of an audited report, the not yet audited report shall not be unreasonably refused. Financial Statements should be submitted in the English Language; otherwise a certified correct translation in the English language must be submitted.

In cases of Joint Ventures, separate financial statements of all parties forming the Joint Venture are to be submitted.

(ii) Technical Capacity

The technical capability must be compliant to the requirements specified in the Terms of Reference, both for the ‘Consultant’ as a whole and also more specifically for the experts that are being proposed. Proposals that do not provide the evidence and proof that their consultants satisfy these requirements shall not be considered further as they shall be deemed to be administratively non-compliant.

The profiles, positions and responsibilities of the key experts required for this contract are as follows:

(i) Team Leader

The Tenderer is to nominate a Team Leader to coordinate the eight tasks specified in these TORs. The Team Leader will be expected to liaise with the Contracting Authority at all times during the execution of all the services offered. The Team Leader shall be responsible to allocate everybody’s tasks, formulate documents and act where and when needed by having a very close watch on the process. The individual should have adequate seniority and project management capability and demonstrable experience of managing similar assignments.

Qualifications and skills

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Professional Engineer with a minimum of ten (10) years of continuous professional experience in the waste management sector. Experience in technical assistance, the EU Cohesion Fund application form and FIDIC or similar form of contracts are considered an asset. Experience in contract management, procurement, tender preparation, and supervision is a must. He shall also possess: Computer literacy (MS office) Skills in the use of CAD; Ability to read and interpret construction plans and specifications; Ability to review construction plans and specifications for feasibility and compliance

with laws and regulations on Local and EU level; Ability to detect discrepancies between approved specifications and actual

construction; Ability to maintain detailed files and records; Ability to assign and direct the work activities of assigned personnel; Good verbal and written communication skills (ordinary level, or equivalent, or higher)

in the language of the tender project which shall be supported by certificates issued by an educational institution;

Leadership skills supported by experience General professional experience 7 years experience in contract management, tendering of works and service contracts related to Municipal waste management and animal husbandry waste (manure). Extensive knowledge of EU procurement procedures. Specific professional experience The Team Leader is required to possess: 7 years experience in project management preferably related to projects for the

construction of waste treatment facilities Experience and expertise shall be understood as certified main consultant in at least one (1) successfully completed waste management project and major involvement in at least two (2) current waste management projects with a state of completion in excess of 50% subject to EU Directives and Regulations as shall be certified by past Employers and Clients by means of Letters of Reference.

(ii) Solid Waste Management Specialist

University degree in a relevant discipline such as environmental engineering, or an equivalent field. No less than 10 years of professional experience in the waste management field with documented experience in animal husbandry waste (manure), solid waste management planning and in the preparation of feasibility studies for solid waste management facilities.

The individual must also possess excellent knowledge of relevant EU Directives within the waste management field, and documented experience in preparation of projects for EU grant financing. The Expert must have the ability to communicate effectively, both orally and in writing. Good verbal and written communication skills in the language of the tender project. Is requested. Computer literacy (MS Office) and proficiency in spoken and written English (ordinary level) are required. The expert is requested to have at least 5 years of continuous experience in solid waste management in the period immediate prior to the submission of this tender document.

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Experience and expertise shall be understood as certified major involvement in at least one (1) successfully completed waste management project and in at least two (2) current waste management projects with a state of completion in excess of 50% subject to EU Directives and Regulations as shall be certified by past Employers and Clients by means of Letters of Reference.

(iii) Economist

University degree in Economics followed by a relevant postgraduate degree or an equivalent qualification/experience. No less than 10 years of experience in financing and economic analysis and experience with financial modelling and project appraisal of projects with a similar value of the proposed project (preferably related to solid waste treatment facilities) for international financing institutions. The expert is requested to have successfully completed at least five (5) Cost Benefit Analysis in the 7 years period immediate prior to the submission of this tender document, which are to be supported by means of copies of Completion Certifications by past clients. Computer literacy (MS Office) and proficiency in spoken and written English (ordinary level) are required. In depth knowledge of EU Cohesion Funding and experience with the EU Cohesion Fund Application Form and relevant EU Directives and Regulations are also considered a must. Completion of at least two (2) applications for EU Cohesion Funding accompanied by references from the clients.

(iv) Mechanical Engineer

University degree in Mechanics, or an equivalent qualification in an Engineering field relevant to waste treatment facilities followed by a relevant postgraduate degree or an equivalent qualification/experience or proven expertise in Mechanical Biological Treatment Plants, Anaerobic Digestion Plants and Biogas generation. No less than 10 years of experience in engineering design, testing, acceptance and operational aspects of solid waste treatment plants.

Computer literacy (MS Office) and proficiency in spoken and written English (ordinary level) are required. The expert is requested to have at least 5 years experience in solid waste management in the past 10 years, three (3) years of which shall be immediately prior to the submission of this tender document. Experience and expertise shall be understood as certified major involvement in at least one (1) successfully completed waste management project and in at least two (2) current waste management projects with a state of completion in excess of 50% preferably subject to EU Directives and Regulations as shall be certified by past Employers and Clients by means of Letters of Reference.

(v) Environmental Impact Assessment Specialist

The services to be performed for this task will require an interdisciplinary team. These include, but are not restricted to, suitably qualified and experienced experts whose skills will need to encompass inter alia EIA, waste management engineering and processes – particularly landfills, soil cover, agricultural quality and produce, geology and geotechnical engineering, hydrology, hydrogeology, transport and traffic assessment, air quality, water quality, ecology, planning, landscape architecture, topography and visual assessment environmental risk assessment and economics etc.

An experienced Environmental Manager and Assessor, should lead the EIA team. The individual should have adequate seniority, strong EIA and project management capability

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and demonstrable experience of managing similar assignments. The EIA Manager shall also possess the following:

a. University degree in Environmental Engineering or related field, preferably followed by a relevant postgraduate qualification or an equivalent qualification/experience.

b. Successfully completed seven (7) studies in environmental impact assessment

related to waste management facilities and traffic studies in the 10 years prior to the submission of this tender document supported by copies of Completion or Acceptance Certificates by past clients or authorities. Computer literacy (MS Office) and proficiency in spoken and written English (ordinary level or equivalent) are required.

Note: The main contributors proposed by the Consultant to undertake the EIA process as well as the various specialist studies should also be described at tendering stage. Their CVs should be provided with the technical bid and they are subject to scrutiny and approval by MEPA. If any expert fails to satisfy MEPA’s requirements, the Consultant is given one chance to substitute the respective expert. If the new experts fails to satisfy MEPA’s requirement the bid will be considered as not compliant in meeting the selection criteria hence not considered further.

(vi) Architect & Civil Engineer

The Architect & Civil Engineer should be able to practice the A&CE profession and to perform the role of an Executive Architect in the Maltese Islands. The individual should possess no less than 10 years of experience in procurement and costing (including preparation of bill of quantities) of civil works for industrial installations and/or waste management facilities. He should also possess:

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

b. Computer literacy (MS Office, MS Project and AutoCAD) and proficiency in spoken and written English (ordinary level or equivalent) are required.

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

4. Content of tenders

Three-Package System

Each tender must comprise an original and valid Tender Guarantee (Bid Bond), a Technical Offer and a Financial Offer, each of which must be sealed and submitted separately in accordance with Part XII of the Public Contracts Regulations 2005 (LN 177/2005), that is:

i) 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; ii) Package Two: Technical specifications including supportive literature, details, designs, samples and any other matter as requested in the tender documents; and

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iii) 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 other pertinent details of a commercial nature.

Each Technical offer and Financial offer must contain one original, clearly marked "Original", and one copy, each clearly marked "Copy". Failure to respect the requirements in clauses 4.1, 4.2, 4.3 and 8 will result in the rejection of the tender.

N.B. Financial proposals are to be submitted ONLY in Package Three.

4.1 Tender Guarantee (Bid Bond)

To be inserted in Package One The tender guarantee is set at Euro 22,500 (Twenty Two Thousand Five Hundred Euros) and

must be an original and valid guarantee presented in the form specified in the annex to the tender dossier. The guarantee must be issued by a local Maltese Bank or a Financial Institution licensed by a recognized Financial Regulator in the country where the company is located and who assumes responsibility for claims and payments to the amount as stated above. It must remain valid up to 9th May 2010. The tender guarantee must be drawn up in the name of the Director General of the Department of Contracts, Notre Dame Ravelin, Floriana, VLT 2000, Malta.

The tender guarantee (Bid Bond) is intended as a pledge that the tenderer will not retract his offer up to the expiry date of the guarantee and, if successful, that he will enter into a contract with the Director General of Contracts on the terms and conditions stated in the tender dossier.

Hence, the guarantee shall be forfeited if the tenderer withdraws his tender before the above-mentioned validity date or if the tenderer fails to provide the Performance Guarantee.

Tender guarantees provided by tenderers who have not been selected shall be released within 30 calendar days from the signing of the contract/Letter of Acceptance. The tender guarantee of the successful tenderer shall be released on the signing of the contract/Letter of Acceptance, and on submission of a valid performance guarantee.

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

4.2 Technical Offer To be inserted in Package Two

The Technical offer must include the following documents:

(1) a) Signed statements of exclusivity and availability (using the template included with the tender submission form), one for each key expert, the purpose of which are as follows:

o The key experts proposed in this tender must not be part of any other tender being submitted for this tender procedure. They must therefore engage themselves exclusively to the tenderer.

o Each key expert must also undertake to be available, able and willing to work for all the period foreseen for his/her input during the implementation of the contract

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as indicated in the Terms of reference and/or in the Organisation and methodology.

Faxed copies or electronic submissions of the statements of exclusivity and availability are accepted. Note that non-key experts must not be asked to sign statements of exclusivity and availability.

Any expert who is engaged on another project, where the input from his/her position in that contract could be required on the same dates as his/her activities under this contract must not be proposed as a key expert for this contract. Consequently, the dates included by a key expert in his/her statement of exclusivity and availability in your tender must not overlap with dates on which he/she is committed to work on any other contract or tender.

If a key expert has been proposed by more than one tenderer with the agreement of the key expert, the corresponding tenders may be rejected. The same applies if the key expert proposed has been involved in the preparation of the project to the extent this engagement constitutes a conflict of interest in accordance with Article 9 of the General Conditions . The expert concerned will be excluded from this tender procedure.

In cases where a key expert will not be available at the expected start of his/her activities, the corresponding tender may be rejected and the expert concerned may be excluded from this tender.

Having selected a firm partly on the basis of an evaluation of the key experts presented in the tender, the Central Government Authority expects the contract to be executed by these specific experts. As the expected date of mobilisation is given in the tender dossier, the Central Government Authority will only consider substitutions after the deadline for the submission of tenders in cases of unexpected delays in the commencement date beyond the control of the Consultant, or exceptionally because of the incapacity of a key expert for health reasons or due to force majeure or other circumstances which may justify a replacement and which would not have any effect on the selection of the most economically advantageous tender. The desire of a tenderer to use an expert on another project or a change of mind on the part of an expert about the contract will not be accepted as a reason for substitution of any of the key experts.

b) A completed Financial Identification form to nominate the bank account into which payments would be made in the event that the tender is successful.

c) Contact Details of the Tenderer/s in the duly signed form provided in Annex IX (Details of Bidder).

d) Information related to the selection criteria as per Articles 3 (h) of the Instructions to Tenderers.

e) A signed declaration from each legal entity (eventually identified in the tender submission form) certifying their eligibility to participate, using the form attached at Annex X.

(2) Organisation and methodology (To become Annex III of the contract), to be drawn up by the tenderer using the format in Annex III of the draft contract. Note: The Tender is to ensure that his Organisation and Methodology statement is exhaustive and addresses all aspects of the Terms of Reference as set out in Annex II.

(3) Key experts (To become Annex IV of the contract). All experts who have a crucial role in implementing the contract are referred to as key experts and they are subject to evaluation according to the evaluation grid in Part C of this tender dossier. The key experts are those whose involvement is considered to be instrumental in the achievement of the contract objectives. The profiles, positions and responsibilities of the key experts required for this contract are defined in Article 3 (h)(ii) of the Instructions to Tenderers.

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Annex IV of the draft contract contains the templates which must be completed by the tenderer, including:

a) a list of the names of the key experts;

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

The qualifications and experience of each key expert must clearly match the profiles indicated in the Instructions to Tenderers. All key experts must have the nationality of one of the EU Member States, candidate countries or any other country in accordance with Article 68 of LN177/2005. Experts who have been involved in the preparation of this project are excluded from participating in the tender as key experts.

(4) The Central Government Authority may request tenderers to provide the following documents in the case of the key experts proposed:

• a copy of the diplomas mentioned in their CVs,

• a copy of the employers' certificates or references proving the professional experience indicated in their CVs.

(5) A diskette or CD-ROM containing the electronic version of the technical offer must be included with the printed version of the same technical offer. In case of any discrepancies between the electronic version and the original, printed version, the latter will prevail.

(6) This tender is not divided into lots. The above must be inserted in Envelope 2

4.3 Financial Offer To be inserted in Package Three ONLY.

Tenders must be presented in Euro. The budget available for this tender is EUR 2,250,000.00 (Two Million Two Hundred and Fifty Thousand Euros) excluding VAT. Offers above the budget will not be considered.

The Financial offer must be presented as an amount in euro and must be submitted using the template for the global-price version of Annex V of part B of this tender dossier. While a global price must be quoted, however, a breakdown of the cost of all deliverables must be included.

The Financial offer should also include the Tender submission form (see Part D of this tender dossier) including a signed declaration from each legal entity identified in the tender submission form, using the format attached to the tender submission form.

For contracts over €932,000, where VAT is not an eligible cost, and whose output VAT is liable to be paid in Malta, such VAT will be paid directly to the VAT Department in Malta by the Final Beneficiary.

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The prices for the contract must include all of the services to be provided. The prices quoted are fixed and not subject to revision or escalation in costs.

VAT and all other taxes are to be quoted separately.

The above must be inserted in Envelope 3. 5. Variant solutions Variant solutions will not be taken into consideration.

6. Period during which tenders are binding Tenderers are bound by their tenders up to the 9th May 2010. In exceptional cases and prior to the expiry of the original tender validity period, the Central Government Authority may ask tenderers in writing to extend this period. Tenderers that agree to do so will not be permitted to modify their tenders. If they refuse, their participation in the tender procedure will be terminated. The selected tenderer must maintain its tender for a further 60 calendar days from the date of notification that its tender has been recommended for the award by the General Contracts Committee.

7. Additional information before the deadline for submission of tenders The tender dossier should be clear enough to avoid candidates invited to tender from having to request additional information during the procedure. If the Central Government Authority, either on its own initiative or in response to the request of a prospective candidate, provides additional information on the tender dossier, it must send such information in writing to all other candidates at the same time.

Tenderers may submit questions in writing to the following address up to 16 calendar days before the deadline for submission of tenders, specifying the publication reference and the contract title: Tender for EPCM Consultancy Services for the design, EIA, contracting and managing a project for the construction of a Mechanical and Biological Treatment plant in the North of Malta

Contact name: Director of Contracts Address: Department of Contracts, Notre Dame Ravelin, Floriana, VLT 2000. Malta. Fax N°: 00356 2124 7681 E-mail: [email protected]

Any prospective tenderers seeking to arrange individual meetings with the Central Government Authority and/or the government of the beneficiary country concerning this contract during the tender period may be excluded from the tender procedure.

Any clarification of the tender dossier will be communicated simultaneously in writing to all the tenderers at the latest 6 calendar days before the deadline for submission of tenders. No further clarifications will be given after this date.

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No clarification meeting is foreseen

No site visit is foreseen.

Visits by individual prospective tenderers during the tender period cannot be permitted other than for this clarification meeting for all prospective tenderers.

8. Submission of tenders Tenders must be submitted in English and received before the deadline specified in Article 2. They must include the Tender submission form in part D of this tender dossier and be submitted:

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

DEPARTMENT OF CONTRACTS,

NOTRE DAME RAVELIN,

FLORIANA VLT 2000.

MALTA

Tenders submitted by any other means will not be considered.

Three-Package System

Each Technical offer and Financial offer must contain one original, clearly marked "Original", and one copy, clearly marked "Copy".

Each tender must comprise an original and valid Tender Guarantee (Bid Bond), a Technical Offer and a Financial Offer, each of which must be sealed and submitted separately in accordance with Part XII of the Public Contracts Regulations 2005 (LN 177/2005), that is:

Separate Packages in Tender Offer Part XII Separate packages in tender offer 82. (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 €600,000 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 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 other pertinent details of a commercial nature.

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(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 subregulation (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, shall have 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 basically compliant. (3) Any decision leading to the discarding of any tender during any stage of the process is to be given publicity at the office of the contracting authority or at the Department of Contracts as the case may be and the affected tenderer is to be informed of the decision within two working days of its publication. (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 Department of Contracts or the contracting authority involved, as the case may be, within four working days from the date of notification of the decision and such complaint shall be accompanied by a deposit of 0.5% of the estimated tender value, which deposit shall only be refundable if the Appeals 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 €580 or more than €58,000. (5) The review is to be effected by the public contracts Appeals 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 complete and detailed re-examination of the reasons brought forward by the adjudication board of any department or contracting authority for the discarding of any particular tender. (7) In fulfilling this obligation the Chairman of the Appeals Board shall have the right to put appropriate questions to the Head of any department or contracting authority as well as the members of the respective adjudication boards and to have recourse to all pertinent documentation. (8) The Chairman of the Appeals Board shall also have the right to seek expert advice from outside the department or contracting authority involved. (9) The decision of the Board shall be final and binding on all parties and the award procedure shall proceed 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 not have the right to have recourse to the procedure for appeals as provided for in Part XIII: Provided that the right of appeal under Part XIII shall be available to those tenderers whose offer reaches the final stage of the award procedure, that is, the opening and the publication of the financial proposals: Provided further that any rights granted to tenderers by virtue of regulation 84(19) shall also apply to appeals decided by the Appeals Board under this Part. Any infringement of these rules (e.g., references to price in the technical offer) is to be considered a breach of the rules, and will lead to rejection of the tender.

The outer package should carry the following information:

a) the address for submission of tenders indicated above;

b) the reference code of the tender procedure to which the tenderer is responding (i.e CT 2577/2009);

c) the words "Not to be opened before the tender-opening session" .

The pages of the Technical and Financial offers must be numbered.

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9. Alteration or withdrawal of tenders Tenderers may alter or withdraw their tenders by written notification prior to the deadline for submission of tenders. No tender may be altered after this deadline.

Any such notification of alteration or withdrawal shall be prepared and submitted in accordance with the Public Contracts Regulations 2005 (L.N.177/2005). The outer envelope (and the relevant inner envelope) must be marked 'Alteration' or 'Withdrawal' as appropriate.

10. Costs for preparing tenders No costs incurred by the tenderer in preparing and submitting the tender shall be reimbursable. All such costs shall be borne by the tenderer. In particular, if proposed experts were interviewed, all cost shall be borne by the tenderer.

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

12. Joint venture or consortium

12.1 If a tenderer is a joint venture or consortium of two or more persons, the tender must be single with the object of securing a single contract, each person must sign the tender and will be jointly and severally liable for the tender and any contract. Those persons must designate one of their number to act as leader with authority to bind the joint venture or consortium. The composition of the joint venture or consortium must not be altered without the prior consent in writing of the Central Government Authority.

12.1 The tender may be signed by the representative of the joint venture or consortium only if he has been expressly so authorised in writing by the members of the joint venture or consortium, and the authorising contract, notarial act or deed must be submitted to the Central Government Authority within the 30 days following the award of the contract. All signatures to the authorising instrument must be certified in accordance with the national laws and regulations of each party comprising the joint venture or consortium together with the powers of attorney establishing, in writing, that the signatories to the tender are empowered to enter into commitments on behalf of the members of the joint venture or consortium. Each member of such joint venture or consortium must provide the proof required under Article 3 as if it, itself, were the tenderer.

13. Opening of Tenders

Two public tender opening sessions are envisaged:

13.1 Tenders, (packages 1 and 2), will be opened in public session on 10 December 2009 at 10.00

a.m. Malta time at the premises of Department of Contracts, Notre Dame Ravelin, FLORIANA VLT 2000, Malta, by the General Contracts Committee and the Evaluation Committee. The Evaluation Committee will draw up minutes of the tender opening session, which shall be available to Tenderers on request.

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At the First Tender Opening Session Package One will be opened. The Chairman of the General Contracts Committee will announce the Tenderers names, the presence of Tender Guarantee and any other information which might be considered as appropriate. Afterwards, package Two will be opened.

13.2 The date of the Second Opening Session will be established by the General Contracts

Committee. All Tenderers will be informed 15 calendar days in advance of the date of the next Tender Opening Session. During the Second Tender Opening Session Package only those tenderers who passed the technical evaluation will be opened. The Chairman of the Contracts Committee will announce the tender prices, discounts (if any) and any other information as might be considered as appropriate.

13.3 Envelopes marked "Withdrawal" of which acceptable notice of withdrawal has been given in

accordance with Article 9 of the Instructions to Tenderers will not be opened but returned to the Tenderer.

13.4 After the public opening of the Tenders, no information about the examination, clarification,

evaluation or comparison of Tenders or decisions about the contract award may be disclosed before the signature of the contract by the Contracting Authority and the successful Tenderer.

14. Secrecy of the Procedure

14.1 Information concerning checking, explanation, opinions and comparison of Tenders, and

recommendations concerning the award of the Contract, may not be disclosed to Tenderers or any other person not officially involved in the process until the name of the successful Tenderer is announced.

14.2 Any attempt by a Tenderer to directly approach any member of the Evaluation

Committee/Contracting Authority during the evaluation period will be considered as legitimate grounds for disqualifying his Tender.

15. Clarification of Tenders 15.1 Tenders which are incomplete, conditional, illegible, obscure or contain unrequested additions or

other irregularities may be rejected. 15.2 When checking and comparing tenders, the Evaluation Committee may, at its own discretion, ask

a Tenderer to clarify any aspect of his Tender. 15.3 Such requests and the responses to them must be made available by letter or fax. They may in

no circumstances alter or try to change the price or content of the Tender, except to correct arithmetical errors discovered by the Evaluation Committee when analysing Tenders.

16. Checking of Tenders and their compliance with the requirements of the Tender Documents

16.1 All offers for this tender shall be assessed and adjudicated through a three–stage process. Offers

will first be assessed to ascertain that they pass the Administrative Compliance Requirements, before being considered further for the second stage. In the second stage the Technical Offer will be adjudicated using the Evaluation Grid and offers must pass with at least an average technical score of 15% or more of the maximum possible score to be considered for the final stage which is the Financial Evaluation.

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16.2 Before beginning a detailed analysis of the Tenders, the Evaluation Committee will check that

each Tender:

i Has been properly signed, and ii Includes the required Tender Guarantee, and iii Substantially complies with the requirements of these Tender documents

iv No references to the price have been made in Envelopes 1 and 2.

16.3 An admissible Tender is one which conforms to the requirements and specifications described in

the Tender documents with no substantial deviations or reservations. Substantial deviations and reservations are those which:

i In any way influence the scope, quality or execution of Service , or ii restricts the rights of the Contracting Authority or the obligations of the Tenderer under the

Contract in a manner inconsistent with the Tender Documents, or

iii Rectification would unfairly affect the competitive position of other Tenderers presenting admissible Tenders.

16.4 If a Tender does not comply with the requirements of the administrative evaluation grid, it will be

rejected by the Evaluation Committee when checking admissibility.

i Tender Guarantee enclosed; ii Tender submission Form duly completed; iii Language as required iv Complete documentation as per Article 4 of the Instructions to Tenderers v Documentary proof in terms of the requirements as per Articles 3 (f) and 3(g)of the

Instructions to Tenderers vi Proof of Financial and Economic Standing as per Article 3(h)((i) of the Instructions to

Tenderers vii Proof of Technical Capacity as per Article 3(h)(ii) of the Instructions to Tenderers

17. Evaluation of tenders 17.1 Evaluation of technical offers

The Evaluation Committee will technically evaluate and compare only those Tenders considered admissible in accordance with the Administrative Compliance Grid.

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

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

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

ScoreIndividualHighest Score Individual

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

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

The evaluation of the technical offers will follow the procedures set out in the Public Contracts Regulations of 2005 (LN 177 of 2005).

17.1.2 Interviews The Evaluation Committee does not expect to conduct any interviews.

17.2 Evaluation of financial offers Three-package system

Upon completion of the technical evaluation, the envelopes containing the financial offers for tenders which were not eliminated during the technical evaluation i.e. those which have achieved an average technical score of 15% or more of the maximum possible score, will be opened and evaluated.

In the case where unit-prices are quoted, any arithmetical errors are corrected without prejudice to the tenderer such that, where there is a discrepancy between a unit rate and the total amount derived from the multiplication of the unit rate by the corresponding number of units, the unit rate as quoted shall prevail, unless in the opinion of the Evaluation Committee there is an obvious error in the unit rate, in which event the total amount as quoted shall prevail and the unit rate shall be corrected. The tenderer concerned will be notified of such proposed correction and given the opportunity to approve the correction of the error.

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

where: individual abatement is the difference between tender budget and tendered price maximum abatement is the difference between tender budget and cheapest compliant tendered price

17.3 Choice of selected tenderer The most economically advantageous tender is established by weighing technical quality against price on a 70/30 basis.

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{Technical Score x Technical Weight} + {Financial Score x Financial Weight}

17.4 Confidentiality The entire evaluation procedure is confidential. The Evaluation Committee's decisions are collective and its deliberations are held in closed session. The members of the Evaluation Committee are bound to secrecy.

The evaluation reports and written records, in particular, are for official use only and may be communicated neither to the tenderers nor to any party other than the Central Government Authority, the Commission, the European Anti-Fraud Office and the European Court of Auditors.

18. Ethics clauses / Corruptive practices a) Any attempt by a tenderer to obtain confidential information, enter into unlawful agreements with

competitors or influence the Evaluation Committee or the Central Government Authority during the process of examining, clarifying, evaluating and comparing tenders will lead to the rejection of its tender and may result in administrative penalties.

b) The tenderer must not be affected by any potential conflict of interest and shall have no particular link with other tenderers or parties involved in the project.

c) The Director of Contracts reserves the right to suspend or cancel project financing if corrupt practices of any kind are discovered at any stage of the award process or during the implementation of a contract. For the purposes of this provision, "corrupt practices" are the offer of a bribe, gift, gratuity or commission to any person as an inducement or reward for performing or refraining from any act relating to the award of a contract or implementation of a contract already concluded with the Central Government Authority.

19. Notification of award, signing of contract(s) and performance guarantee Before the period of validity of tenders expires, the Central Government Authority will notify the successful tenderer in writing that its tender has been successful as well simultaneously in writing informing the unsuccessful tenderers.

The notification to the successful tenderer implies that the validity of its tender is extended for a period of 60 calendar days from the date of notification of award of the contract. Unless there is challenge of the award decision by any of the unsuccessful tenderers within 10 working days from the date of the award notification, the Central Government Authority will send the contract to the tenderer for signature.

Within 15 calendar days of receipt of the contract already signed by the Central Government Authority, the selected tenderer shall sign and date the contract and return it, with the performance guarantee, to the Central Government Authority.

Failure of the selected tenderer to comply with this requirement may constitute grounds for the annulment of the decision to award the contract. In such a case, the Central Government Authority may award the tender to another tenderer or cancel the tender procedure.

The performance guarantee referred to in Article 7.8 of the General Conditions is set at 10% of the amount of the contract and must be presented in the form of a bank guarantee as specified in the annex to the tender dossier. It will be released within 30 days of the issue of the final acceptance certificate by the Contracting Authority following the submission by the contractor of the final report.

The unsuccessful tenderers will be informed in detail on the grounds by which their tenders were not accepted, by means of a standard letter, which includes an indication of the relative weaknesses of their tender by way of a comparative table of the scores for the winning tender and the ones for the unsuccessful tender.

The corresponding contract award notice will be dispatched to the OJEU no later than 48 days after the award decision is made.

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20. Cancellation of the tender procedure In the event of cancellation of the tender procedure, tenderers will be notified of the cancellation by the Central Government Authority. If the tender procedure is cancelled before the outer envelope of any tender has been opened, the unopened and sealed envelopes will be returned to the tenderers.

Cancellation may occur where:

• the tender procedure has been unsuccessful; ie, no suitable tender has been received or there is no response at all;

• the economic or technical data of the project have been fundamentally altered;

• exceptional circumstances or force majeure render normal performance of the contract impossible;

• all technically compliant tenders exceed the financial resources available;

• there have been irregularities in the procedure, in particular where these have prevented fair competition.

In no event shall the Central Government Authority be liable for any damages whatsoever including, without limitation, damages for loss of profits, in any way connected with the cancellation of a tender procedure even if the Central Government Authority has been advised of the possibility of damages. The publication of a procurement notice does not commit the Central Government Authority to implement the programme or project announced.

21. Appeals PART XIII of Legal Notice 177/2005 – Public Contracts Regulations. Procedure for the submission of appeals 83. (1) Any tenderer who feels aggrieved by a proposed award of a contract and any person having or having had an interest in obtaining a particular public supply, public service or public works contract and who has been or risks being harmed by an alleged infringement may, within ten calendar days of the publication of the decision, file a notice of objection at the Department of Contracts or the contracting authority involved as the case may be. Such a notice of objection shall only be valid if accompanied by a deposit equivalent to one per cent of the estimated tender value, provided that in no case shall the deposit be less than €450 or more than €58,000. The Head of a contracting authority shall immediately notify the Director that an objection had been filed with his authority thereby immediately suspending the award procedure. The Department of contracts or the contracting authority involved, as the case may be, shall be precluded from concluding the contract during the period of 10 calendar days allowed for the submission of appeals. The award process shall be completely suspended if an appeal is eventually submitted. (2) The procedure to be followed in submitting and determining complaints as well as the conditions under which 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 by not later than the next working day following its filing. (c) Within three working days of the expiry of the ten-day period allowed for the filing of a notice of objection, any other tenderer and any person having or having had an interest involved in the call for tenders may register an interest in the proceedings. The registration of interest shall only be valid if accompanied by a deposit amounting to the deposit paid under sub-regulation (1). The tenderer who had been indicated in the adjudication decision of the Director or the contracting authority as the one to whom the contract was to be awarded, shall be deemed to have registered an interest but does not need to pay a deposit.

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(d) The names of the tenderers or other person having or having had an interest in obtaining a particular public contract who register an interest shall be made public on the first working day after the lapse of the time limit specified in paragraph (c). (e) (i) Within three working days after the publication of the list of persons who register an interest, the tenderer filing the notice of objection shall send a reasoned letter of objection explaining the objection. (ii) The letter of objection and any accompanying documentation shall be submitted in a number of copies that equals the number of tenderers with a registered interest, plus three. (iii) The letter of objection shall be made public and shall be circulated to all persons with a registered interest. (f) (i) Within five working days from the publication of the letter of objection, any tenderer who had registered an interest may send a reasoned reply to the letter of objection. (ii) The reply and any accompanying documentation shall be submitted in a number of copies that equals the number of tenderers with a registered interest, plus three. (iii) The reply shall be made public and shall be circulated to all tenderers with a registered interest and to all tenderers who have filed an objection. (g) Within ten working days of the publication of the replies the Director or the Head of the contracting authority shall prepare a report (the Analysis Report) analysing the letter of objection and the replies thereto. This report shall be circulated to the persons who file an objection and who have a registered interest. After the preparatory process is duly completed, the Head of the contracting authority shall forward to the Director of Contracts all documentation pertaining to the call for tenders in question including files, tenders submitted, copies of deposit receipts, any motivated letter, analysis report, etc. (h) The Director shall forward all the documentation related to any appeal case to the Chairman of the Appeals Board who shall then proceed as stipulated in Part XIV. (i) The Director or the Head of the contracting authority shall publish a copy of the decision of the Appeals 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 to the complaining tenderer, any persons who had registered or had an implied interest and, by the Director only, to the contracting authority concerned when this is one listed in Schedule 2. (3) Complaints in terms of this Part may only be submitted in respect of public contracts awarded by Authorities listed in Schedule 1 whose value exceeds €47,000. 22. Data Protection The information collected during this tender procedure shall be processed in accordance to the Data Protection Act 2001. The information collected throughout this procedure is confidential and intended solely for the use of the Department of Contracts and will not be disclosed or copied without your consent to anyone outside the Department unless the law permits us to. 23. Gender Equality

In carrying out his/her obligations in pursuance of this contract, the tenderer shall ensure the application of the principle of gender equality and shall thus ’inter alia’ refrain from discriminating on the grounds of gender, marital status or family responsibilities. Tenderers are to ensure that these principles are mainfest in the organigram of the company where the principles aforementioned, including the selection criteria for access to all jobs or posts, at all levels of the occupation hierarchy are amply proven. In this document words importing one gender shall also include the other gender. TENDER P

REVIEW

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CONTRACT FOR:

Engineering, Procurement Construction Management (EPCM) Consultancy Services for the design, EIA, contracting and

managing a project for the construction of a Mechanical and Biological Treatment plant

in the North of Malta

Operational Programme I – Cohesion Policy 2007-2013 Investing in Competitiveness for a Better Quality of Life

Contract part-financed by the European Union Cohesion Fund

Co-financing rate: 85 % EU funds*; 15 % National Funds

Investing in your future

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

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SERVICE CONTRACT The Department of Contracts,

Notre Dame Ravelin,

Floriana

VLT2000 (“the Central Government Authority”),

o.b.o

Wasteserv Malta Ltd.

of the one part,

and

<Name of the Contractor> (acronym) (“the Contractor”)

of the other part,

have agreed as follows:

Special Conditions

Article 1 - Subject

The subject of this Contract is

Contract title: Tender for EPCM Consultancy Services for the design, EIA, contracting and managing a project for the construction of a Mechanical and Biological Treatment plant in the North of Malta

with identification number CT 2577/2009 (“the services”).

Article 2 - Structure of the contract

The Contractor will carry out the services on the terms and conditions set out in this contract, which comprises, in order of precedence, these special conditions ("Special Conditions") and the following annexes:

Annex I: General Conditions for service contracts financed by the European Community

Annex II: Terms of reference

Annex III: Organisation and methodology

Annex IV: Key experts

Annex V: Budget

Annex VI: Forms and other relevant documents In case of any contradiction between the above documents, their provisions shall be applied according to the above order of precedence.

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Article 3 - Contract value This contract, established in Euro is a global price contract. The contract value is <amount> (excluding VAT). Article 4 - Commencement date The date for commencing performance shall be within 3 months of the last signature of this contract by both parties and shall be determined by an administrative order issued by the Final Beneficiary. The Contractor shall be allowed a maximum of ten (10) calendar days to mobilise and set-up all his administrative and logistical requirements and he shall be expected to be fully operational thereafter. Article 5 - Period of execution The period of execution of the tasks identified in Annexes II & III shall be from the Commencement Date until the completion of the services to the satisfaction of the Contracting Authority, which shall not exceed 79 months from the Commencement date. The 79 month period mentioned above includes a 24 months defects notification period during which the Contractor shall be available as and when required. The Contractor shall complete the services within the indicated period of execution, failing which he shall be obliged to do so within the shortest time frames possible and requests for adjustments to the Contract Sums will not be entertained. The Contractor shall be available during the period following Commissioning and Taking Over for a period of 24 months to certify the release of retention moneys to the DBOT Contractor/s. To this effect the Performance Guarantee shall remain valid until the final performance certificate, including the defects notification period, is issued.

Article 6 - Reporting

The Contractor shall submit technical reports as specified in the Terms of reference.

Article 7 - Payments and bank account

7.1 Payments will be made in Euro 7.2 The payments will be made according to the following schedules, subject to the

provisions of Articles 28 to 33 of the General Conditions:

7.2.1 Payment Schedule for Task 1:

Payment Schedule for Task 1: Establishing planning framework:

Deliverables – according to the approved time plan Payments (percentages from the respective task value)

Pre-financing payment upon commencement of the Contract 20% i. Review of existing Solid Waste Management System in Malta (upon completion) 20%

ii. Review of SWM planning framework for the region (upon completion) 20%

iii. Waste flow predictions (upon completion) 20% iv. Demand analysis and determination of design standards (upon completion) 20%

Total Amount for Task 1

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Payment Schedule for Task 2: Feasibility Study:


Pre-financing payment upon commencement of the Contract 20% i. Definition of alternatives (upon completion) 15% ii. Selection of preferred alternative (upon completion) 5% iii. Preliminary designs for selected alternative(upon completion) 20% iv. Revision of the Project Description Statement (PDS) (upon completion) 15%

v. Cost estimate for the selected alternative (upon completion) 25% Total Amount for Task 2


Payment Schedule for Task 3: Cost benefit analysis:


Pre-financing payment upon commencement of the Contract 20% i. Financial Analysis (upon completion) 30% ii. Socio-economic analysis (upon completion) 25% iii. Risk and sensitivity analysis (upon completion) 25%



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


Pre-financing payment upon commencement of the Contract 20% i. Project Implementation plan (upon completion) 10% ii. Financing plan (upon completion) 10% iii. Preparation and Completion of a Working Plan for the Operation of the Plant (upon draft) 20%

iv. Preparation and Completion of a Working Plan for the Operation of the Plant (upon completion) 40%


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Payment Schedule for Task 5: Environmental Impact Assessment:


Pre-financing payment upon commencement of the Contract 20% i. On submission of key baseline studies report 15% ii. On submission of draft final EIS to MEPA 20 % iii. On submission of the final EIS to MEPA 25 % iv. On approval and certification by MEPA of all assessments/studies and EIS and following the public consultation exercise

10 %

v. After decision by MEPA on development application 10 % Total Amount for Task 5


Payment Schedule for Task 6: Cohesion Fund Application:


Pre-financing payment upon commencement of the Contract 20% i. Preparation and completion of the EU Cohesion Funds Application (upon draft) 20%

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

60%

Total Amount for Task 6 7.2.7 Payment Schedule for Task 7:

Payment Schedule for Task 7: Procurement Plan:


Pre-financing payment upon commencement of the Contract 20% i. On submission of the Procurement Plan 5% ii. On Submission of Draft Works Tender Document 15% iii. On submission of Draft Service Tender Document 5% iv. On submission of Draft Supplies Tender Document 5% v. Upon Publication of Works Tender Document 5% vi. Upon Publication of Service Tender Document 5% vii. Upon Publication of Supplies Tender Document 5% viii. Upon Finalisation of the Evaluation and Recommendation for Award Procedure

15%

ix. Upon successful Contracting of the Works Contract 10% x. Upon successful Contracting of the Service Contract 5% xi. Upon successful Contracting of the Supplies Contract 5%


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Payment Schedule for Task 8: Project Management and Supervision:

Deliverables – according to the approved time plan Payments (percentages from the respective contract value)

Pre-financing payment upon commencement of the Contract 20% i. Upon finalisation and approval by the Engineer of the Detailed Design 15%

ii. Upon commencement of works on site 5% iii. Upon 25% of the Works Contract is reached (in terms of disbursed amount) 10%

iv. Upon 50% of the Works Contract is reached (in terms of disbursed amount) 10%

v. Upon 75% of the Works Contract is reached (in terms of disbursed amount) 10%

vi. Upon 100% of the Works Contract is reached (in terms of disbursed amount) 10%

vii. Upon successful testing and Commissioning 20 % viii. Upon elapse of the Defects Notification Period and issue of Final Performance Certificate release of retention guarantee*

Total Amount for Task 8 *Upon the payment of 20% identified in point vii of table 7.2.8 above, the Contractor shall hand over to the Contracting Authority a 5% retention guarantee as per specimen at annex XI. This guarantee shall be released upon the lapse of 24 months of the Defects Notification period and issue of the Final Performance Certificate. 7.3 If necessary the milestones identified in the above payment schedule may be redefined.

This may occur either i) in case that an activity/s within a task or a complete task is deleted by the Contracting Authority from the scope of this contract or ii) if an extra item is identified in Tables 1-8 of the Breakdown of Costs in Annex V following acceptance by the Central Government Authority. In cases of deletion of activities within the tasks, the total amount of the respective task will be revised accordingly, and if the pre-financing payment would have already been paid as per the original payment schedule, the contractor has to repay the difference.

7.4 If the Contractor fails to perform one or more of the activities requested the conditions of

clause 7.3 shall also apply. In addition the Contractor would also be subjected to the penalties as per the Penalty Schedules of Article 7.5.

7.5 The following Penalty Schedules shall be applicable should the Contractor be found that he

failed to meet the pre-established milestones within the stipulated time period and/or lacks the quality expected due to lack of competence/negligence from his part. The approved time plan attached to the contract shall be used as a tool to determine and quantify and deviations and/or delays from the approved programme, and in such events sub clauses of this Article 7.5 shall be applicable.

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7.5.1 Penalty Schedule for Task 1:

Penalty Schedule for Task 1: Establishing planning framework:

Defaults Penalties (percentages from the respective task value)

i. Failure to review the existing Solid Waste Management System in Malta on time 10%

ii. Failure to review the SWM planning framework for the region on time 10%

iii. Failure to undertake and submit waste flow predictions on time 10% iv. Failure to undertake and submit the demand analysis and determination of design standards on time 10%

Value for Task 1


Penalty Schedule for Task 2: Feasibility Study:


i. Failure to undertake the definition of alternatives on time 10% ii. Failure to undertake the selection of preferred alternative on time 3%

iii. Failure to provide the preliminary designs for the selected alternative on time 10%

iv. Failure to undertake the revision of the Project Description Statement (PDS) on time 8%

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

Value for Task 2


Penalty Schedule for Task 3: Cost benefit analysis:


i. Failure to undertake and provide the Financial Analysis on time 10%

ii. Failure to undertake and provide the Socio-Economic analysis on time 12%

iii. Failure to undertake and provide the Risk and sensitivity analysis on time 12%

Value for Task 3

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


i. Failure to develop and submit the Project Implementation Plan on time 5%

ii. Failure to develop and submit the Financing plan on time 5% iii. Failure to develop and submit the Working Plan for the Operation of the Plant on time 30%

Value for Task 4


Penalty Schedule for Task 5: Environmental Impact Assessment:

Defaults Penalties (percentages from the respective task

value) i. Failure to submission the key baseline studies report at the right quality and time 10%

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

10 %

iii. Failure to submit the final EIS to MEPA at the right quality and time

10 %

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

10 %



Penalty Schedule for Task 6: Cohesion Fund Application:


i. Failure to prepare, complete and submit the EU Cohesion Funds Application on time 100%

Value for Task 6

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Penalty Schedule for Task 7: Procurement Plan:


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

20%

iii. Failure to develop and submit the Service Tender Document on time

10%

iv. Failure to develop and submit the Supplies Tender Document on time

10%

viii. Failure to provide assistance to the Evaluation Committee as required

7%

ix. Failure to provide assistance during Contracts Preparation as required

10%

Value for Task 7


Penalty Schedule for Task 8: Project Management and Supervision:


i. The Works specified in the Works Contract are delayed and the Supervision Engineer could have avoided it through his involvement

30%

ii. The quality of the Works are substantially below the Works Contract requirement and the Supervision Engineer could have improved it through his involvement

50%

iii. Defects, deficiencies or non-conformities with the Works Contract requirements are discovered within the Defects Notification Period and they could have been corrected though the involvement of the Supervision Engineer in any manner under the terms of this and/or FIDIC Contract/s.

30%

iv. The Works’ Contract Price/s is/are increased, such that the increase could have been avoided through the involvement of the Supervision Engineer in any manner under the terms of this and/or the FIDIC Contract/s.

30%

v. Serious irregularities imputable to the Supervision Engineer are discovered and such irregularities lead to financial prejudices to either the Contracting Authority or the Central Government Authority, such as a refusal by the European Commission to reimburse expenditure or a claim by the European Commission for recovery of undue expenditures, etc.

100%

vi. Accidents occur on the site due to inappropriate health and safety measures taken by the Contractor/s and such accidents could have been avoided through the involvement of the Supervision Engineer in any manner under the terms of this and/or the FIDIC Contract/s.

100%

Value for Task 8

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7.6 By virtue of clause 7.5 and its sub clauses of these Special Conditions, clause 10.2 of the

General Conditions is superseded. 7.7 In respect of Task 8, The Engineer shall be requested to record his attendance and

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

Article 8 - Contact addresses

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

Article 9 - Law and language of the contract

9.1 The Law of Malta shall govern all matters not covered by the contract.

9.2 The language of the contract and of all written communications between the Contractor and the Contracting Authority, the Central Government Authority and/or the Project Manager shall be English.

Article 10 - Tax and customs arrangements

Contracted prices shall be exclusive of VAT and all other taxes. VAT should be quoted separately.

Article 11 - Dispute settlement

Any dispute between the Parties that may arise during the performance of this contract and that has not been possible to settle otherwise between the Parties shall be submitted to the arbitration of the Malta Arbitration Centre in accordance with the Arbitration Act (Chapter 387) of the Laws of Malta.

This law is based on “Model Law” which is the Model Law on International Commercial Arbitration

adopted on June 21, 1985 by the United Nations Commission on International Trade Law reproduced in the First Schedule of the Arbitration Act.

Article 12 - Dispute settlement

Other specific conditions applying to the contract

The following derogations from the General Conditions shall apply: 12.1 By derogation from Sub-Article 12.2b of the General Conditions, the ceiling on the

Contractor’s liability to the Central Government Authority and the Contracting Authority shall be limited to an amount equal to the project value i.e. Forty Five Million Euros (€ 45,000,000) and such ceiling shall not apply to any losses or damages caused to third parties by the Contractor or by the Contractor’s wilful misconduct.

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

12.3 The liquidated damages mentioned in article 19 of the General Conditions shall become

due, with immediate effect, upon the lapse of the end of the period of execution specified in the Contract. Such damages, to be calculated in terms of article 19.2 of the General Conditions, shall not be challenged in any manner before any court, tribunal or judicial body, including in arbitration proceedings and shall not be subject to scrutiny by any such court, tribunal, judicial body or during such arbitration proceedings.

12.4 Reports and documents to be drawn up and forwarded by the Consultant must be

submitted to the Project Manager and the Contracting Authority, in accordance with clause 7 of the Terms of Reference. The Project Manager shall be responsible for the approval of such reports and documents. The provisions of articles 26 and 27 of the General Conditions shall be inapplicable in so far as they are incompatible with this sub-article and with Clause 7 of the Terms of Reference.

12.5 By derogation from Sub-Article 26.1 (option 2) of the General Conditions, the pre-

financing payment shall be 20% of the contract value. 12.6 By derogation from Sub-Article 27.1 of the General Conditions, the Contractor must

provide a financial guarantee for the full amount of the pre-financing payment irrespective of the value of the pre-financing payment.

12.7 Article 27.6 of the General Conditions for Service Contracts is being deleted and

substituted by the following text:

For global price contracts the financial guarantee will be released in partial amounts equivalent to 20% of the value of each task, progressively upon i) the submission of the first interim report to the Contracting Authority for each respective task as set out in Annex II Terms of Reference or ii) upon completion of the respective task, whichever is the earlier.

12.8 As per Article 7.8 of the General Conditions, there shall be a Performance Guarantee

amounting to 10% of the contract value which will be held against payment to the Central Government Authority for any loss resulting from the Contractor’s failure to perform his contractual obligations fully and properly. The Contractor shall be available during the period following Commissioning and Project Closure for another period of 24 months to certify defects, remediation works, retesting (if any) and the release of retention moneys to the DBOT contractor/s. To this effect the Performance Guarantee shall remain valid until the final performance certificate, including the defects notification period, is issued.

12.9 The possibility of any variation/s and/or modifications to the Contract is envisaged to be

excluded. However, if due to exceptional circumstances any variation/s and/or modifications are required The Consultant must require prior approval in writing from the Contracting Authority. In this case the Consultant must present a Variation Report, which shall include, but not limited to, a description of the circumstances giving rise to the

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

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

For the Contractor For the Central Government Authority

Name: Name:

Function:

Function:

Signature: Signature:

Date:

Date:

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ANNEX I: GENERAL CONDITIONS FOR SERVICE CONTRACTS CONTENTS PRELIMINARY PROVISIONS......................................................................................... ARTICLE 1 DEFINITIONS AND CONVENTIONS .................................................................................. ARTICLE 2 NOTICES AND WRITTEN COMMUNICATIONS....................................................................... ARTICLE 3 ASSIGNMENT.......................................................................................................... ARTICLE 4 SUB-CONTRACTING .................................................................................................. OBLIGATIONS OF THE CONTRACTING AUTHORITY................................................. ARTICLE 5 SUPPLY OF INFORMATION ........................................................................................... ARTICLE 6 ASSISTANCE WITH LOCAL REGULATIONS.......................................................................... OBLIGATIONS OF THE CONTRACTOR........................................................................ ARTICLE 7 GENERAL OBLIGATIONS ............................................................................................. ARTICLE 8 CODE OF CONDUCT .................................................................................................. ARTICLE 9 CONFLICT OF INTEREST ............................................................................................. ARTICLE 10 ADMINISTRATIVE AND FINANCIAL PENALTIES ................................................................... ARTICLE 11 SPECIFICATIONS AND DESIGNS .................................................................................. ARTICLE 12 INDEMNIFICATION................................................................................................... ARTICLE 13 MEDICAL, INSURANCE AND SECURITY ARRANGEMENTS ..................................................... ARTICLE 14 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS........................................................... NATURE OF THE SERVICES......................................................................................... ARTICLE 15 THE SCOPE OF THE SERVICES.................................................................................... ARTICLE 16 PERSONNEL AND EQUIPMENT..................................................................................... ARTICLE 17 REPLACEMENT OF PERSONNEL .................................................................................. ARTICLE 18 TRAINEES............................................................................................................ EXECUTION OF THE CONTRACT ................................................................................ ARTICLE 19 DELAYS IN EXECUTION............................................................................................. ARTICLE 20 AMENDMENT OF THE CONTRACT ................................................................................. ARTICLE 21 WORKING HOURS................................................................................................... ARTICLE 22 INFORMATION........................................................................................................ ARTICLE 23 VERIFICATION AND CHECKS BY EC BODIES................................................................... ARTICLE 24 INTERIM AND FINAL PROGRESS REPORTS....................................................................... ARTICLE 25 APPROVAL OF REPORTS AND DOCUMENTS..................................................................... PAYMENTS & DEBT RECOVERY ................................................................................. ARTICLE 26 PAYMENTS AND INTEREST ON LATE PAYMENT ................................................................. ARTICLE 27 FINANCIAL GUARANTEE ........................................................................................... ARTICLE 28 AUDIT CERTIFICATE................................................................................................. ARTICLE 29 RECOVERY OF DEBTS FROM THE CONTRACTOR............................................................... ARTICLE 30 REVISION OF PRICES............................................................................................... ARTICLE 31 PAYMENT TO THIRD PARTIES....................................................................................., BREACH OF CONTRACT AND TERMINATION............................................................ ARTICLE 32 BREACH OF CONTRACT............................................................................................ ARTICLE 33 SUSPENSION ........................................................................................................ ARTICLE 34 TERMINATION BY THE CENTRAL GOVERNMENT AUTHORITY ................................................. ARTICLE 35 TERMINATION BY THE CONTRACTOR ............................................................................ ARTICLE 36 FORCE MAJEURE.................................................................................................... ARTICLE 37 DECEASE............................................................................................................. SETTLEMENT OF DISPUTES......................................................................................... ARTICLE 38 SETTLEMENT OF DISPUTES .......................................................................................

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PRELIMINARY PROVISIONS Article 1 Definitions and conventions

1.1 If this contract is signed in more than one language, the English version prevails in the

event of inconsistencies between the different language versions.

1.2 The headings and titles in these General Conditions shall not be taken as part thereof

or be taken into consideration in the interpretation of the Contract.

1.3 The following definitions apply to the contract.

Administrative order: any written or oral instruction or order issued by the Project

Manager to the Contractor regarding the performance of the services.

Beneficiary country: The Maltese Islands

Budget breakdown: in a fee-based contract, the schedule which breaks down the

contract value, stating out the fee rates and the provision for incidental expenses.

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 Department of Contracts

Commission: the European Commission.

Contractor: the party which contracts to perform the services.

Contract: the signed agreement entered into by the parties for the performance of the

services, including all attachments thereto and all documents incorporated therein,

including these General Conditions.

Contracting Authority: the Final beneficiary, Implementing Authority, Implementing

Agency or Final recipient of the contract.

Contract value: the amount stated in Article 3 of the Special Conditions.

Day: calendar day.

EC: the European Community.

EU: the European Union.

Euro: the European single currency.

Department of Contracts Web site: http://www.contracts.gov.mt

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Fee-based contract: a contract under which the services are provided on the basis of

fixed fee rates for each day/hour worked by experts/service provider.

General damages: the sum, not stated previously in the contract, which is awarded by a

court or arbitration tribunal, or agreed between the parties, as compensation payable to an

injured party for a breach of the contract by the other party.

Global price contract: a contract under which the services are performed for an all-

inclusive fixed price.

Liquidated damages: the compensation stated in the contract as being payable by one

contracting party to the other for failure to perform the contract or part thereof.

Month: calendar month

National currency: the currency of the beneficiary country.

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 contract on behalf of the Contracting Authority.

Public Service: refers to Ministries and Government Departments

Services: activities to be performed by the Contractor under the contract such as technical

assistance, studies, training and designs.

Terms of reference: the document in Annex II drawn up by the Contracting Authority

giving the definition of its requirements and/or the objectives in respect of the provisions of

services, specifying, where relevant, the methods and resources to be used by the

Contractor and/or the results to be achieved by it.

Time limits: those periods in the contract which shall begin to run from the day following

the act or event which serves as the starting point for those periods. Should the last day of

the period fall upon a non-working day, the period shall expire at the end of the first

working day following the last day of the period.

1.4 Where the context so permits words importing the singular shall be deemed to include

the plural and vice versa and words importing the masculine shall be deemed to include

the feminine and vice versa.

1.5 The word “country” shall be deemed to include State or Territory.

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1.6 Words importing persons or parties shall include firms and companies and any

organization having legal capacity.

Article 2 Notices and written communications

2.1 Whenever there is a deadline for the receipt of a written communication, the sender

should ask for an acknowledgement of receipt of its communication. In any event, the

sender shall take all the necessary measures to ensure timely receipt of the

communication

2.2 Any notice, consent, approval, certificate or decision by any person required under the

contract shall be in writing, unless otherwise specified, and shall not be unreasonably

withheld or delayed.

2.3 Any oral instructions or orders shall take effect at the time of transmission and shall be

confirmed subsequently in writing.

Article 3 Assignment

3.1 An assignment is any agreement by which the Contractor transfers its contract or part

thereof to a third party.

3.2 The Contractor shall not, without the prior written consent of the Central Government

Authority, assign the contract or any part thereof, or any benefit or interest thereunder.

3.3 The approval of an assignment by the Contracting Authority shall not relieve the

Contractor of its obligations for the part of the contract already performed or the part not

assigned.

3.4 Assignees must satisfy the eligibility criteria applicable to the award of the contract.

Article 4 Sub-contracting

4.1 Any agreement by which the Contractor entrusts performance of a part of the services

to a third party is considered to be a sub-contract.

4.2 The Contractor must seek the prior written authorisation of the Contracting Authority

before entering into a sub-contract. This authorization will be based on the services to be

subcontracted and the identity of the intended subcontractor. The Contracting Authority

shall, with due regard to the provisions of Article 2.2, within 30 days of receipt of the

notification, notify the Contractor of its decision, stating reasons, should it withhold such

authorisation.

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4.3 No sub-contract can create contractual relations between any sub-contractor and the

Contracting Authority.

4.4 The Contractor shall be responsible for the acts, defaults and negligence of its sub-

contractors and their experts, agents or employees, as if they were the acts, defaults or

negligence of the Contractor, its experts, agents or employees. The approval by the

Contracting Authority of the sub-contracting of any part of the contract or of the

engagement by the Contractor of subcontractors to perform any part of the services shall

not relieve the Contractor of any of its obligations under the contract.

4.5 If a sub-contractor is found by the Contracting Authority or the Project Manager to be

incompetent in discharging its duties, the Contracting Authority or the Project Manager

may request the Contractor forthwith, either to provide a sub-contractor with qualifications

and experience acceptable to the Contracting Authority as a replacement, or to resume the

performance of the services itself.

4.6 Sub-contractors must satisfy the eligibility criteria applicable to the award of the

contract.

4.7 Those services entrusted to a sub-contractor by the Contractor cannot be entrusted to

third parties by the sub-contractor.

4.8 Any change of sub-contractor without the prior written consent of the Contracting

Authority shall be considered to be a breach of contract.

4.9 The Contracting Authority is to seek written approval from the Central Government

Authority before sanctioning any of the above mentioned clauses relating to Article 4 on

sub-contracting.

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OBLIGATIONS OF THE CONTRACTING AUTHORITY

Article 5 Supply of information

5.1 The Contracting Authority shall supply the Contractor promptly with any information

and/or documentation at its disposal which may be relevant to the performance of the

contract. Such documents shall be returned to the Contracting Authority at the end of the

period of execution of the contract.

5.2 The Contracting Authority shall as far as possible co-operate with the Contractor to

provide information that the latter may reasonably request in order to perform the contract.

Article 6 Assistance with local regulations

6.1 The Contractor may request the assistance of the Contracting Authority of the

beneficiary country to obtain copies of laws, regulations, and information on local customs,

orders or bylaws of the country in which the services are to be performed, which may

affect the Contractor in the performance of its obligations under the contract. The

Contracting Authority may charge the Contractor for such assistance, which would be

provided at the Contractor's own expense.

6.2 Subject to the provisions of the laws and regulations on foreign labour in the country in

which the services are to be performed, the Contracting Authority of the beneficiary

country shall make every effort to facilitate the procurement by the Contractor of all

required visas and permits, including work and residence permits, for the personnel whose

services the Contractor and the Contracting Authority consider necessary as well as

residence permits for their families.

6.3 The Contracting Authority shall issue to its employees, agents and representatives all

such instructions as may be necessary or appropriate to facilitate the prompt and effective

performance of the services.

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OBLIGATIONS OF THE CONTRACTOR

Article 7 General obligations

7.1 The Contractor shall respect and abide by all laws and regulations in force in the

beneficiary country and shall ensure that its personnel, their dependants, and its local

employees also respect and abide by all such laws and regulations. The Contractor shall

indemnify the Contracting Authority against any claims and proceedings arising from any

infringement by the Contractor, its employees and their dependants of such laws and

regulations.

7.2 The Contractor shall perform the services under the contract with due care, efficiency

and diligence, in accordance with the best professional practice.

7.3 The Contractor shall comply with administrative orders given by the Project Manager.

Where the Contractor considers that the requirements of an administrative order go

beyond the authority of the Project Manager or of the scope of the contract, it shall, on

pain of being time-barred, notify the Project Manager, explaining its opinion, within 30 days

after receipt thereof. Execution of the administrative order shall not be suspended because

of this notice.

7.4 The Contractor shall treat all documents and information received in connection with

the contract as private and confidential, and shall not, save in so far as may be necessary

for the purposes of the performance thereof, publish or disclose any particulars of the

contract without the prior consent in writing of the Contracting Authority or the Project

Manager after consultation with the Contracting Authority. If any disagreement arises as to

the necessity for any publication or disclosure for the purpose of the contract, the decision

of the Contracting Authority shall be final.

7.5 If the Contractor is a consortium of two or more persons, all such persons shall be

jointly and severally bound to fulfill the terms of the contract. The person designated by the

consortium to act on its behalf for the purposes of this contract shall have the authority to

bind the consortium.

7.6 Any alteration of the composition of the consortium without the prior written consent of

the Contracting Authority shall be considered to be a breach of contract.

7.7 Unless otherwise requested or agreed by the Contracting Authority, the Contractor

shall take the necessary steps to ensure that the financial contribution of the EU is given

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adequate publicity. These steps must follow the rules applicable to the visibility of external

actions as defined and published by the EC.

7.8 Performance guarantee

The Contractor shall, within 15 calendar days of receipt of the contract already signed by

the Central Government Authority, sign and date the contract and return it with a

guarantee for the full and proper performance of the contract. The amount of the

guarantee shall be specified in the Special Conditions. It shall not exceed 10% of the

amount of the contract price, including any amounts stipulated in addenda to the contract.

In the case that the value of the contract does not exceed €10,000, no performance guarantee is required. The performance guarantee shall be held against payment to the Central Government

Authority for any loss resulting from the Contractor’s failure to perform his contractual

obligations fully and properly.

The performance guarantee shall be in the format given in Annex and must be provided in

the form of a bank guarantee.

The performance guarantee shall be denominated in the currency in which the contract is

payable. No payments shall be made in favour of the Contractor prior to the provision of

the guarantee. The guarantee shall continue to remain valid until the contract has been

fully and properly performed.

During the performance of the contract, if the natural or legal person providing the

guarantee is not able to abide by his commitments, the guarantee shall cease to be valid.

The Central Government Authority shall give formal notice to the Contractor to provide a

new guarantee on the same terms as the previous one. Should the Contractor fail to

provide a new guarantee, the Central Government Authority may terminate the contract.

Before so doing, the Central Government Authority shall send a registered letter with

acknowledgement of receipt, which shall set a new deadline of no less than 15 days from

the day of delivery of the letter.

The Central Government Authority shall demand payment from the guarantee of all sums

for which the guarantor is liable under the guarantee due to the Contractor's default under

the contract, in accordance with the terms of the guarantee and up to the value thereof.

The guarantor shall, without delay, pay those sums upon demand from the Central

Government Authority and may not raise any objection for any reason whatsoever. Before

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making any claim under the performance guarantee, the Central Government Authority

shall notify the Contractor stating the nature of the default in respect of which the claim is

to be made.

Article 8 Code of conduct

8.1 The Contractor shall at all times act loyally and impartially and as a faithful adviser to

the Contracting Authority in accordance with the rules and/or code of conduct of its

profession as well as with appropriate discretion. It shall, in particular, refrain from making

any public statements concerning the project or the services without the prior approval of

the Contracting Authority, and from engaging in any activity which conflicts with its

obligations towards the Contracting Authority under the contract. It shall not commit the

Contracting Authority in any way whatsoever without its prior written consent, and shall,

where appropriate, make this obligation clear to third parties.

8.2 For the period of execution of the contract, the Contractor and its personnel shall

respect human rights and undertake not to offend the political, cultural and religious

practices prevailing in the beneficiary country.

8.3 If the Contractor or any of its sub-contractors, personnel, agents or servants offers to

give or agrees to offer or to give or gives to any person, any bribe, gift, gratuity or

commission as an inducement or reward for doing or forbearing to do any act in relation to

the contract or any other contract with the Central Government Authority, or for showing

favor or disfavor to any person in relation to the contract or any other contract with the

Central Government Authority, then the Central Government Authority may terminate the

contract, without prejudice to any accrued rights of the Contractor under the contract.

8.4 The payments to the Contractor under the contract shall constitute the only income or

benefit it may derive in connection with the contract and neither it nor its personnel shall

accept any commission, discount, allowance, indirect payment or other consideration in

connection with, or in relation to, or in discharge of, its obligations under the contract.

8.5 The Contractor shall not have the benefit, whether directly or indirectly, of any royalty,

gratuity or commission in respect of any patented or protected article or process used in or

for the purposes of the contract or the project, without the prior written approval of the


8.6 The Contractor and its staff shall maintain professional secrecy, for the duration of the

contract and after completion thereof. In this connection, except with the prior written

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consent of the Contracting Authority, neither the Contractor nor the personnel employed or

engaged by it shall at any time communicate to any person or entity any confidential

information disclosed to them or discovered by them, or make public any information as to

the any other contractor, contractor or supplier with whom the Contractor is associated or

affiliated shall be disqualified from the execution of works, supplies or other services for

the project in any capacity, including tendering for any part recommendations formulated in

the course of or as a result of the services. Furthermore, they shall not make any use

prejudicial to the Contracting Authority, of information supplied to them and of the results

of studies, tests and research carried out in the course and for the purpose of performing

the contract.

8.7 The execution of the contract shall not give rise to unusual commercial expenses. If

such unusual commercial expenses emerge, the contract will be terminated. Unusual

commercial expenses are commissions not mentioned in the contract or not stemming

from a properly concluded contract referring to the contract, commissions not paid in return

for any actual and legitimate service, commissions remitted to a tax haven, commissions

paid to a recipient who is not clearly identified or commission paid to a company which has

every appearance of being a front company.

8.8 The Contractor shall supply to the Contracting Authority on request supporting

evidence regarding the conditions in which the contract is being executed. The Contracting

Authority may carry out whatever documentary or on-the-spot checks it deems necessary

to find evidence in case of suspected unusual commercial expenses.

Article 9 Conflict of interest

9.1 The Contractor shall take all necessary measures to prevent or end any situation that

could compromise the impartial and objective performance of the Contract. Such conflict of

interests could arise in particular as a result of economic interest, political or national

affinity, family or emotional ties, or any other relevant connection or shared interest. Any

conflict of interests which could arise during performance of the Contract must be notified

in writing to the Contracting Authority without delay.

9.2 The Contracting Authority reserves the right to verify that such measures are adequate

and may require additional measures to be taken if necessary. The Contractor shall

ensure that its staff, including its management, are not placed in a situation which could

give rise to conflict of interests. Without prejudice to Article 7, the Contractor shall replace,

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immediately and without compensation from the Contracting Authority, any member of its

staff exposed to such a situation.

9.3 The Contractor shall refrain from any contact which would compromise its

independence or that of its personnel. If the Contractor fails to maintain such

independence, the Central Government Authority may, without prejudice to compensation

for any damage which it may have suffered on this account, terminate the contract

forthwith, without giving formal notice thereof.

9.4 The Contractor shall after the conclusion or termination of the contract, limit its role in

connection with the project to the provision of the services. Except with the written

permission of the Central Government Authority, the Contractor and any other contractor,

contractor or supplier with whom the Contractor is associated or affiliated shall be

disqualified from the execution of works, supplies or other services for the project in any

capacity, including tendering for any part of the project.

9.5 Civil servants and other agents of the public service of the beneficiary country,

regardless of their administrative situation, shall not be recruited as experts in contracts in

the beneficiary country.

9.6 The Contractor and anyone working under its authority or control in the performance of

the contract or on any other activity shall be excluded from access to EC financing

available under the same project.

Article 10 Administrative and financial penalties

10.1 Without prejudice to the application of penalties laid down in the contract, if the

Contractor has been guilty of making false declarations or has been found to have

seriously failed to meet its contractual obligations in an earlier procurement procedure, it

shall be excluded from the award of contracts for a maximum of two years from the time

when the infringement is established, to be confirmed after an adversarial procedure with

the Contractor. The Contractor may justify its arguments against the penalty within 30 days

of notification of it by recorded delivery or equivalent. In the absence of a reaction for its

part or of the written withdrawal of the penalty by the Contracting Authority within 30 days

of the above-mentioned arguments, the decision imposing the penalty will become binding.

The period of exclusion may be extended to three years in the event of a repeat offence

within five years of the first infringement.

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10.2 Contractors who have been found to have seriously failed to meet their contractual

obligations shall also be subject to financial penalties representing 10% of the total value

of the Contract. This rate may be increased to 20% in the event of a repeat offence within

five years of the first infringement.

Article 11 Specifications and designs

11.1 The Contractor shall prepare all specifications and designs using accepted and

generally recognised systems acceptable to the Contracting Authority and taking into

account the latest design criteria.

11.2 The Contractor shall ensure that the specifications and designs and all

documentation relating to procurement of goods and services for the project are prepared

on an impartial basis so as to promote competitive tendering.

Article 12 Indemnification

12.1 At its own expense, the Contractor shall indemnify, protect and defend, the Central

Government Authority and the Contracting Authority, their agents and employees, from

and against all actions, claims, losses or damage arising from any act or omission by the

Contractor in the performance of the services, including any violation of any legal

provisions, or rights of third parties, in respect of patents, trade marks and other forms of

intellectual property such as copyrights.

12.2 At its own expense, the Contractor shall indemnify, protect and defend the Central

Government Authority and the Contracting Authority, their agents and employees, from

and against all actions, claims, losses or damages arising out of the Contractor's

performance of the contract provided that:

a) the Contractor is notified of such actions, claims, losses or damages not later than 30

days after the Contracting Authority becomes aware of them;

b) the ceiling on the Contractor's liability to the Central Government Authority and the

Contracting Authority shall be limited to an amount equal to the contract value, and such

ceiling shall not apply to any losses or damages caused to third parties by the Contractor

or by the Contractor's wilful misconduct;

c) the Contractor's liability shall be limited to actions, claims, losses or damages directly

caused by such failure to perform its obligations under the contract and shall not include

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liability arising from unforeseeable occurrences incidental or indirectly consequential to

such failure.

12.3 At its own expense, the Contractor shall, upon request of the Contracting Authority,

remedy any defect in the performance of the services in the event of the Contractor's

failure to perform its obligations under the contract.

12.4 The Contractor shall have no liability whatsoever for actions, claims, losses or

damages occasioned by:

a) the Central Government Authority or the Contracting Authority omitting to act on any

recommendation, or overriding any act, decision or recommendation, of the Contractor, or

requiring the Contractor to implement a decision or recommendation with which the

Contractor disagrees or on which it expresses a serious reservation; or

b) the improper execution of the Contractor's instructions by agents, employees or

independent contractors of the Central Government Authority or the Contracting Authority.

12.5 The Contractor shall remain responsible for any breach of its obligations under the

contract for such period after the services have been performed as may be determined by

the law governing the contract.

Article 13 Medical, insurance and security arrangements

13.1 The Contracting Authority may request the Contractor and/or its personnel performing

the services to undergo a medical examination by a qualified medical practitioner before

leaving their usual place of residence and shall as soon as is practicable furnish the

Contracting Authority with the medical report resulting there from.

13.2 For the period of execution of the contract, the Contractor shall obtain medical

insurance for itself and other persons employed or contracted by it under the contract. The

Contracting Authority shall be under no liability in respect of the medical expenses of the

Contractor.

13.3 Within 20 days of signing the contract, the Contractor shall take out and maintain a

full indemnity insurance policy for a sum up to the higher of the maximum amount foreseen

by the legislation of the country of the Contracting Authority and the amount foreseen by

the legislation of the country in which the Contractor has its headquarters and covering,

during the period of execution of the contract, the following aspects:

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a) the Contractor's liability in respect of sickness or industrial accident affecting its

employees, including the cost of repatriation on health grounds;

b) loss of, or damage to, the Contracting Authority's equipment used to perform the

contract;

c) civil liability in the event of accidents caused to third parties or to the Contracting

Authority and any employee of that Authority arising out of the performance of the contract.

d) accidental death or permanent disability resulting from bodily injury incurred in

connection with the contract; and

13.4 The Contractor shall also insure the personal effects of its employees, experts and

their families located in the beneficiary country against loss or damage.

13.5 The Contractor shall furnish proof of the insurance policy and of regular payment of

premiums without delay whenever required to do so by the Contracting Authority or the

Project Manager.

13.6 The Contractor shall put in place security measures for its employees, experts and

their families located in the beneficiary country commensurate with the physical danger

facing them.

13.7 The Contractor will also be responsible for monitoring the level of physical risk to

which its employees, experts and their families located in the beneficiary country are

exposed and for keeping the Contracting Authority informed of the situation. In the event

that the Contracting Authority or the Contractor shall become aware of an imminent threat

of danger to the life or health of any of its employees, experts or their families, the

Contractor may take immediate action to remove the individuals concerned to safety. If the

Contractor takes such action, this must be communicated immediately to the Project

Manager and may lead to suspension of the contract in accordance with Article 35.

13.8 Without prejudice to the above, the Contractor shall be bound to conform and comply

with Chapter 424 of The Laws of Malta (Occupational Health and Safety Authority Act

2000) and to all regulations/legal notices that form part of this Act, as well as any

other national legislation, regulations, standards, and/or codes of practice, in effect

during the execution of the contract, regarding health and safety issues as they apply for

the Contractor’s particular operating situation and nature of work activities.

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Article 14 Intellectual and industrial property rights

14.1 All reports and data such as maps, diagrams, drawings, specifications, plans,

statistics, calculations, databases, software and supporting records or materials acquired,

compiled or prepared by the Contractor in the performance of the contract shall be the

absolute property of the Contracting Authority. The Contractor shall, upon completion of

the contract, deliver all such documents and data to the Contracting Authority. The

Contractor may not retain copies of such documents and data and shall not use them for

purposes unrelated to the contract without the prior written consent of the Contracting

Authority.

14.2 The Contractor shall not publish articles relating to the services or refer to them when

carrying out any services for others, or divulge information obtained from the Contracting

Authority, without the prior written consent of the Contracting Authority.

14.3 Any results or rights thereon, including copyright and other intellectual or industrial

property rights, obtained in performance of the Contract, shall be the absolute property of

the Contracting Authority, which may use, publish, assign or transfer them as it deems fit,

without geographical or other limitation, except where intellectual or industrial property

rights already exist.

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NATURE OF THE SERVICES

Article 15 The scope of the services

15.1 The scope of the services is specified in Annex II and Annex III

15.2 Where the contract is for .an advisory function for the benefit of the Contracting

Authority and/or Project Manager in respect of all the technical aspects of the project

which may arise out of its execution, the Contractor shall not have decision-making

responsibility.

15.3 Where the contract is for management of the execution of the project, the Contractor

shall assume all the duties of management inherent in supervising the execution of a

project, subject to the Project Manager's authority.

15.4 If the Contractor is required to prepare a tender dossier, the dossier shall contain all

documents necessary for consulting suitable contractors, manufacturers and suppliers,

and for preparing tender procedures with a view to carrying out the works or providing the

supplies or services covered by an invitation to tender. The Contracting Authority shall

provide the Contractor with the information necessary for drawing up the administrative

part of the tender dossier.

Article 16 Personnel and equipment

16.1 The Contractor shall give written notification to the Contracting Authority including the

CVs of all personnel which the Contractor intends to use for the implementation of the

contract, other than the key experts whose CVs are included in Annex IV. Annex II and/or

Annex III shall specify the minimum level of training, qualifications and experience of the

personnel and, where appropriate, the specialization required. The Contracting Authority

may oppose the Contractor's choice of personnel on the basis of the contract.

16.2 All those working on the contract shall commence their duties on the date or within

the period laid down in Annex II and/or Annex III, or, failing this, on the date or within the

periods notified to the Contractor by the Contracting Authority or the Project Manager.

16.3 Save as otherwise provided in the special conditions, those working on the contract

shall reside close to their place of work. Where part of the services is to be performed

outside the beneficiary country, the Contractor shall keep the Project Manager informed of

the names and qualifications of staff assigned to that part of the services.

16.4 The Contractor shall:

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a) Forward to the Project Manager within 30 days of the signature of the contract by both

parties, the timetable proposed for placement of the staff;

b) Inform the Project Manager of the date of arrival and departure of each member of staff;

c) Submit to the Project Manager for his written approval a timely request for the

appointment of any non-key experts.

16.5 The Contractor shall adopt all measures necessary to provide and continue to provide

its staff with the equipment and backup required to enable them to carry out their specified

duties efficiently.

Article 17 Replacement of personnel

17.1 The Contractor shall not make changes in the personnel agreed under the terms of

the contract without notifying the Contracting Authority, which may oppose such a change

on the basis of the contract.

17.2 The Contractor must on its own initiative propose a replacement in the following

cases:

a) In the event of death, in the event of illness or in the event of accident of a member of

staff.

b) If it becomes necessary to replace a member of staff for any other reasons beyond the

Contractor’s control (e.g. resignation, etc.).

17.3 Moreover, in the course of performance, and on the basis of a written and justified

request, the Contracting Authority can ask for a replacement if it considers that a member

of staff is inefficient or does not perform its duties under the contract.

17.4 Where a member of staff must be replaced, the replacement must possess at least

equivalent qualifications and experience, and the remuneration to be paid to the

replacement cannot exceed that received by the member of staff who has been replaced.

Where the Contractor is unable to provide a replacement with equivalent qualifications

and/or experience, the Contracting Authority may either decide to terminate the contract, if

the proper performance of it is jeopardized, or, if it considers that this is not the case,

accept the replacement, provided that the fees of the latter are renegotiated to reflect the

appropriate remuneration level.

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17.5 Additional costs incurred by the replacement of staff are the responsibility of the

Contractor. Where the expert is not replaced immediately and it is some time before the

new expert takes up its functions, the Contracting Authority may ask the Contractor to

assign to the project a temporary expert pending the arrival of the new expert, or to take

other measures to compensate for the temporary absence of the missing expert. Whatever

the case may be, the Contracting Authority makes no payment for the period of the

expert’s or his/her replacement’s absence.

Article 18 Trainees

18.1 If required in the terms of reference, the Contractor shall provide training for the

period of execution of the contract for trainees assigned to it by the Contracting Authority

under the terms of the contract.

18.2 Instruction by the Contractor of such trainees shall not confer on them the status of

employees of the Contractor. However, they must comply with the Contractor's

instructions, and with the provisions of Article 8, as if they were employees of the

Contractor. The Contractor may on reasoned request in writing obtain the replacement of

any trainee whose work or conduct is unsatisfactory.

18.3 Unless otherwise provided in the contract, remuneration for trainees and travel,

accommodation and all other expenses incurred by the trainees, shall be borne by the


18.4 The Contractor shall report at quarterly intervals to the Contracting Authority on the

training assignment. Immediately prior to the end of the period of execution of the contract,

the Contractor shall draw up a report on the result of the training and an assessment of the

qualifications obtained by the trainees with a view to their future employment. The form of

such reports and the procedure for presenting them shall be as laid down in the terms of

reference.

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EXECUTION OF THE CONTRACT

Article 19 Delays in execution

19.1 If the Contractor does not perform the services within the period of execution

specified in the contract, the Contracting Authority shall, without formal notice and without

prejudice to its other remedies under the contract, be entitled to liquidated damages for

every day, or part thereof, which shall elapse between the end of the period of execution

specified in the contract and the actual end of the period of execution.

19.2 The daily rate for liquidated damages is calculated by dividing the contract value by

the number of days of the period of execution.

19.3 If these liquidated damages exceed more than 15% of the contract value, the

Contracting Authority may, after giving notice to the Contractor and having obtained prior

approval of the Central Government Authority:

a) terminate the contract; and

b) complete the services at the Contractor's own expense.

19.4 Besides the penalties for delay envisaged in these conditions and without prejudice to

all his other liabilities arising out of the contract, the contractor shall also become liable to

a penalty if the rate of progress of the work throughout the contract period is not

satisfactory. The contractor shall be considered to in default if he fails to carry out every

month at least 70% of the estimated monthly average progress. For the purpose of

assessing such average progress the value of the contract shall be divided by the number

of months stipulated in the contract period. Within each month the contractor should

complete works whose value is equivalent to the average progress obtained as

above. However, in the case of contracts having a completion period of 6 or more months,

no penalty shall be imposed in respect of the first month from the date of allocation of the

contract. Should the contractor’s progress fall below the minimum percentage progress,

he will become liable to a penalty equivalent to 2% of the value of the contract in respect of

every month during which progress is below standard. If the contractor completes the

whole contract within the stipulated period, the Government may consider the refund of

any penalties the contractor may have incurred for slow monthly progress.

19.5 Without prejudice to the above the Contractor may request an extension to the period

of execution if his performance of the contract is delayed, or expected to be delayed, for

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any of the following reasons:

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

b) exceptional weather conditions in the country of the Contracting Authority which

may affect installation or erection of the supplies;

c) physical obstructions or conditions which may affect execution of the services,

which could not reasonably have been foreseen by a competent contractor;

d) administrative orders affecting the date of completion other than those arising from

the Contractor's default;

e) failure of the Contracting Authority to fulfil its obligations under the contract;

f) any suspension of the execution of the services which is not due to the Contractor's

default;

g) force majeure;

h) any other causes referred to in these General Conditions which are not due to the

Contractor's default.

19.6 Within 15 days of realising that a delay might occur, the Contractor shall notify the

Project Manager of his intention to make a request for extension of the period of

performance to which he considers himself entitled and, save where otherwise agreed

between the Contractor and the Project Manager, within 30 days provide the Project

Manager with comprehensive details so that the request can be examined.

19.7 Within 30 days the Project Manager shall, by written notice to the Contractor after due

consultation with the Contracting Authority and where appropriate, the Contractor and after

having obtained written approval from the Central Government Authority, grant such

extension of the period of performance as may be justified, either prospectively or

retrospectively, or inform the Contractor that he is not entitled to an extension.

Article 20 Amendment of the contract

20.1 Any amendment of the contract must be set out in writing in an addendum, to be

concluded on the same terms as the original contract. If the request for an amendment

comes from the Contractor, the latter must submit such a request to the Contracting

Authority at least 30 days before the amendment is intended to enter into force, except in

cases which are duly substantiated by the Contractor and accepted by the Contracting

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Authority. Addenda are to be submitted to the Central Government Authority for approval

and signing.

20.2 However, where the amendment does not affect the basic purpose of the contract

and, for a fee-based contract, the financial impact is limited to a transfer within the Fees

involving a variation of less than 15% of the original amount for the relevant line in the

Budget breakdown in Annex V, the Project Manager shall have the power to order any

variation to any part of the services necessary for the proper execution of the contract,

without changing the object or scope of the contract. Such variations may include

additions, omissions, substitutions, changes in quality, quantity, specified sequence,

method or timing of performance of the services.

20.3 Prior to any administrative order for variation, the Project Manager shall notify the

Contractor of the nature and form of such variation. As soon as possible, after receiving

such notice, the Contractor shall submit to the Project Manager a written proposal

containing:

a) a description of the service to be performed or the measures to be taken and a

programme for execution; and

b) any necessary modifications to the programme of performance or to any of the

Contractor's obligations under the contract; and

c) For a fee-based contract, any adjustment to the contract value in accordance with the

following principles:

i) where the task is of similar character and executed under similar conditions to an item

priced in the budget breakdown the equivalent numbers of working days shall be valued at

the fee rates contained therein;

ii) where the task is not of a similar character or is not executed under similar conditions,

the fee rates in the contract shall be applied to the estimated numbers of working days so

far as is reasonable, failing which, a fair estimation shall be made by the Project Manager;

iii) where a variation is necessitated by a default or breach of contract by the Contractor,

any additional cost attributable to such variation shall be borne by the Contractor.

20.4 Following the receipt of the Contractor's proposal, the Project Manager shall decide

as soon as possible whether or not the variation shall be carried out. If the Project

Manager decides that the variation shall be carried out he shall issue the administrative

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order stating that the variation shall be carried out, either prospectively or retrospectively,

under the conditions given in the Contractor's proposal or as modified by the Project

Manager in accordance with Article 20.4.

20.5 Without prejudice to the above provisions, in all cases where variation orders

individually or in their totality exceed by more than five per cent the awarded contract

value, the prior approval of the Director of Contracts is to be sought before a commitment

is made by the contracting authority with the contractor.

20.6 On receipt of the administrative order requesting the variation, the Contractor shall

proceed to carry out the variation and be bound by these General Conditions in so doing

as if such variation were stated in the contract.

20.7 The Contracting Authority shall give written notification to the Contractor of the name

and address of the Project Manager. The Contractor shall give written notification to the

Contracting Authority of the name and address of its contact , bank account and auditor for

the contract. The Contractor must use the form in Annex VI for notification or modification

of its bank account. The Contracting Authority shall have the right to oppose the

Contractor's choice of bank account or auditor.

20.8 All payments made by the Contracting Authority into the bank account specified in the

contract will have liberating effect.

20.9 No amendment shall be made retroactively. Any change to the contract which has not

been made in the form of an administrative order or an addendum or in accordance with

Article 20.6 shall be considered null and void.

Article 21 Working hours

The days and hours of work of the Contractor or the Contractor’s personnel in the

beneficiary country shall

be fixed on the basis of the laws, regulations and customs of the beneficiary country and

the requirements of the services.

Article 22 Information

The Contractor shall furnish the Project Manager or any person authorized by the Central

Government Authority, the Contracting Authority, the European Commission or the

European Court of Auditors with such information relating to the services and the project

as they may at any time request.

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Article 23 Verification and checks by EC bodies

23.1 The Contractor will allow the European Commission, the European Anti-Fraud Office

and the European Court of Auditors to verify, by examining the documents or by means of

on the- spot checks, the implementation of the project and conduct a full audit, if

necessary, on the basis of supporting documents for the accounts, accounting documents

and any other document relevant to the financing of the project. These inspections may

take place up to 7 years after the final payment.

23.2 Furthermore, the Contractor will allow the European Anti-Fraud Office to carry out

checks and verification on the spot in accordance with the procedures set out in the

European Community legislation for the protection of the financial interests of the

European Communities against fraud and other irregularities.

23.3 To this end, the Contractor undertakes to give appropriate access to staff or agents of

the European Commission, of the European Anti-Fraud Office and of the European Court

of Auditors to the sites and locations at which the Contract is carried out, including its

information systems, as well as all documents and databases concerning the technical and

financial management of the project and to take all steps to facilitate their work. Access

given to agents of the European Commission, European Anti-Fraud Office and the

European Court of Auditors shall be on the basis of confidentiality with respect to third

parties, without prejudice to the obligations of public law to which they are subject.

Documents must be easily accessible and filed so as to facilitate their examination and the

Contractor must inform the Contracting Authority of their precise location.

23.4 The Contractor guarantees that the rights of the European Commission, of the

European Anti-Fraud Office and of the European Court of Auditors to carry out audits,

checks and verification will be equally applicable, under the same conditions and

according to the same rules as those set out in this Article, to any subcontractor or any

other party benefiting from EC funds.

Article 24 Interim and final progress reports

24.1 The Contractor must prepare progress reports during the period of execution of the

contract. For a fee-based contract, these progress reports must be accompanied by a

financial report. The format of such reports is as specified by a template in Annex VI, if

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any, or, in the absence of a template, as notified to the Contractor by the Project Manager

during the period of execution of the Contract.

24.2 All invoices (not including the request for the pre-financing payment) must be

accompanied by a progress report and the final invoice must be accompanied by a final

progress report. All invoices for a fee-based contract must also be accompanied by a

financial report.

24.3 Immediately prior to the end of the period of execution of the contract, the Contractor

shall draw up a final progress report together which must include, if appropriate, a critical

study of any major problems which may have arisen during the performance of the

contract.

24.4 This final progress report shall be forwarded to the Project Manager not later than 60

days after the end of the period of execution defined in Article 5 of the Special Conditions.

Such report shall not bind the Contracting Authority.

24.5 Where the contract is performed in phases, the execution of each phase shall give

rise to the preparation of a final progress report by the Contractor.

24.6 Interim and final progress reports are covered by the provisions of Article 14.

Article 25 Approval of reports and documents

25.1 The approval by the Contracting Authority of reports and documents drawn up and

forwarded by the Contractor shall certify that they comply with the terms of the contract.

25.2 The Contracting Authority shall, within 45 days of receipt, notify the Contractor of its

decision concerning the documents or reports received by it, giving reasons should it reject

the reports or documents, or request amendments. For the final progress report, the time

limit is extended to 60 days. If the Contracting Authority does not give any comments on

the documents or reports within the time limit, the Contractor may request written

acceptance of them. The documents or reports shall be deemed to have been approved

by the Contracting Authority if it does not expressly inform the Contractor of any comments

within 45 days of the receipt of this written request.

25.3 Where a report or document is approved by the Contracting Authority subject to

amendments to be made by the Contractor, the Contracting Authority shall, prescribe a

period for making the amendments requested.

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25.4 Where the final progress report of a global price contract is not approved, the dispute

settlement procedure is automatically invoked.

25.5 Where the contract is performed in phases, the execution of each phase shall be

subject to the approval, by the Contracting Authority, of the preceding phase except where

the phases are carried out concurrently.

PAYMENTS & DEBT RECOVERY

Article 26 Payments and interest on late payment

26.1 Payments will be made in accordance with one of the two options below, as identified

in Article 3 of the Special Conditions.

Option 1: Fee-based contract The Contracting Authority will make payments to the

Contractor in the following manner: - a pre-financing payment of 60% of the contract value,

within 45 days of receipt by the Contracting Authority of the Contract signed by both

parties, of a request for the pre-financing payment and of a financial guarantee, as defined

in Article 27; - six-monthly interim payments, if any, as indicated in Article 7.2 of the

Special Conditions, within 45 days of the approval by the Contracting Authority in

accordance with Article 25 of the interim progress report which accompanies an invoice

setting out the services actually performed, until the sum of the pre-financing payment and

any interim payments is 90% of the maximum contract value stated in Article 3 of the

Special Conditions; - the balance of the final certified value of the contract, subject to the

maximum contract value stated in Article 3 of the Special Conditions, after deduction of the

amounts already paid, within 45 days of the approval by the Contracting Authority in

accordance with Article 25 and Article 28 of the final progress report and audit certificate

which accompany the final invoice setting out the services actually carried out.

Option 2: Global price contract

The Contracting Authority will make payments to the Contractor in the following manner: a

pre-financing payment of 60% of the contract value stated in Article 3 of the Special

Conditions within 30 days of receipt by the Central Government Authority of the Contract

signed by both parties, of a request for the pre-financing payment and of a financial

guarantee, as defined in Article 27; - the balance of the contract value stated in Article 3 of

the Special Conditions within 30 days of the approval by the Contracting Authority in

accordance with Article 27 of the final progress report which accompanies the final invoice.

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26.2 The payment deadline of 30 calendar days referred to in Article 26.1 shall expire on

the date on which the Contracting Authority’s account is debited. Without prejudice to

Article 34.3, the Contracting Authority may halt the countdown towards this deadline for

any part of the invoiced amount disputed by the Project Manager by notifying the

Contractor that that part of the invoice is inadmissible, either because the amount in

question is not due or because the relevant report cannot be approved and the Contracting

Authority thinks it necessary to conduct further checks. In such cases, the Contracting

Authority must not unreasonably withhold any undisputed part of the invoiced amount but

may request clarification, alteration or additional information, which must be produced

within 30 days of the request. The countdown towards the deadline will resume on the

date on which a correctly formulated invoice is received by the Contracting Authority.

26.3 Once the deadline referred to above has expired, the Contractor may, within two

months of late payment, claim late-payment interest: - at the rediscount rate applied by the

central bank of the beneficiary country on the first day of the month in which the deadline

expired, plus seven percentage points. The late-payment interest shall apply to the time

which elapses between the date of the payment deadline (exclusive), and the date on

which the Contracting Authority’s account is debited (inclusive).

26.4 Payments due from the Contracting Authority shall be made into the bank account

notified by the Contractor in accordance with Article 20.7.

26.5 The Contracting Authority will make payments in euro or in the national currency, in

accordance with Article 7.1 of the Special Conditions.

26.6 Payment of the final balance shall be subject to performance by the Contractor of all

its obligations relating to the execution of all phases or parts of the services and to the

approval by the Contracting Authority of the final phase or part of the services. Final

payment shall be made only after the final progress report and a final statement, identified

as such, shall have been submitted by the Contractor and approved as satisfactory by the


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

written notice to the Contractor, suspend in whole or in part, payments due to the

Contractor under the Contract:

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

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b) any other condition for which the Contractor is responsible under the contract and

which, in the opinion of the Contracting Authority, interferes, or threatens to interfere, with

the successful completion of the project or the contract.

26.8 The payment obligations of the Treasury/Ministry of Finance under this Contract shall

cease at most 18 months after the end of the period of execution of the tasks, unless the

Contract is terminated in accordance with Article 34.1 of the General Conditions.

Article 27 Financial guarantee

27.1 If the pre-financing payment stated in Article 7.2 of the Special Conditions exceeds

EUR150,000, the Contractor must provide a financial guarantee for the full amount of the

pre-financing payment. This financial guarantee must remain valid until it is released by

the Central Government Authority in accordance with Article 27.5 or Article 27.6, as

appropriate.

27.2 The financial guarantee shall be provided on the letterhead of the financial institution

using the template provided in Annex VI.

27.3 Should the financial guarantee cease to be valid and the Contractor fail to re-validate

it, the Central Government Authority may instruct the Contracting Authority to either make

deductions from future payments due to the Contractor under the Contract up to the total

of the payments already made, or terminate the Contract if in the opinion of the

Contracting Authority such deduction is impracticable.

27.4 If the contract is terminated for any reason whatsoever, the financial guarantee may

be invoked forthwith in order to repay any balance still owed to the Contracting Authority

by the Contractor, and the guarantor shall not delay payment or raise objection for any

reason whatever.

27.5 For fee-based contracts, the financial guarantee must remain in force until the final

certified value established in the audit certificate referred to in Article 30 has been

accepted by the Contracting Authority. If the final certified value is greater than the total of

the payments already made to the Contractor by the Contracting Authority under the

Contract, the financial guarantee must be released within 45 days of the acceptance of the

final audit certificate by the Contracting Authority. If not, the financial guarantee may be

reduced to cover the difference between the final certified value and the total of the

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payments already made to the Contractor by the Contracting Authority under the Contract

and the financial guarantee must be released within 45 days of repayment of the

difference by the Contractor.

27.6 For global price contracts, the financial guarantee must remain in force until the

submission by the Contractor and approval by the Contracting Authority of the first interim

report.

Article 28 Audit certificate

28..1 No audit certificate is required for global price contracts.

28.2 Before the final payment is made for a fee-based contract, an independent and

impartial auditor who is a member of an internationally recognized supervisory body for

statutory auditing, notified by the Contractor in accordance with Article 20.7, must examine

the invoices sent by the Contractor to the Contracting Authority.

28.3 The auditor must satisfy himself that relevant, reliable and sufficient evidence exists

that the experts employed by the Contractor for this contract have actually been working

on the contract (as corroborated by independent, third-party evidence, where available) for

the number of days/hours claimed in the Contractor's invoices and in the financial reports

submitted with the interim progress reports;

28.4 On the basis of his examination, the auditor must certify the final value of the contract

using the audit certificate template in Annex VI. The final payment, if any, is the difference

between this final certified value and the total amounts already paid, subject to the

maximum contract value stated in the contract.

Article 29 Recovery of debts from the Contractor

29.1 The Contractor shall repay any amounts paid in excess of the final certified value due

to the Contracting Authority within 45 days of receiving a request to do so.

29.2 Any amount which the Contracting Authority has paid, or caused to be paid, in excess

of the Contractor's entitlement under the contract, shall be repaid by the Contractor to the

Contracting Authority within 45 days after receipt by the Contractor of a request for

repayment.

29.3 Should the Contractor fail to make repayment within the above deadline, the

Contracting Authority may increase the amounts due by adding interest at the rediscount

rate applied by the central bank of the beneficiary country, on the first day of the month in

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which the deadline expired, plus seven percentage points. The late-payment interest shall

apply to the time which elapses between the date of the payment deadline (exclusive), and

the date on which the Contractor’s account is debited (inclusive). Any partial payments

shall cover the interest thus established.

29.4 Should the Contractor fail to repay the original balance within the above deadline and

any interest added in accordance with Article 29.3, the Central Government Authority may

call upon the financial guarantee referred to in Article 27, if any.

29.5 Amounts to be repaid to the Contracting Authority may be offset against amounts of

any kind due to the Contractor. This shall not affect the right of the Contractor and the

Contracting Authority to agree on repayment by installments.

29.6 Bank charges arising from the repayment of amounts due to the Contracting Authority

shall be borne entirely by the Contractor.

Article 30 Revision of prices

Subject to the provisions of Article 20 of the General Conditions, the global price of a

global price contract and the fee rates of a fee-based contract shall not be revised.

Article 31 Payment to third parties

31.1 All orders for payments to third parties may be carried out only after an assignment

made in accordance with Article 3.

31.2 Notification of beneficiaries of assignment shall be the sole responsibility of the

Contractor.

31.3 In the event of a legally binding attachment of the property of the Contractor affecting

payments due to it under the contract and without prejudice to the time limit laid down in

Article 26, the Contracting Authority shall have 60 days, starting from the day when it

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BREACH OF CONTRACT AND TERMINATION

Article 32 Breach of contract

32.1 Either party commits a breach of contract where it fails to discharge any of its

obligations under the contract.

32.2 Where a breach of contract occurs, the party injured by the breach shall be entitled to

the following remedies:

a) damages; and/or

b) termination of the contract.

32.3 Damages may be:

a) general damages; or

b) liquidated damages.

32.4 In any case where the Contracting Authority is entitled to damages, it may deduct

such damages from any sums due to the Contractor or call on the appropriate guarantee.

32.5 The Contracting Authority shall be entitled to compensation for any damage which

comes to light after the contract is completed in accordance with the law governing the

contract.

Article 33 Suspension

33.1 The Contracting Authority with the prior approval of the Central Government Authority

is entitled to suspend the performance of the services or any part thereof for such time and

in such manner as it may consider necessary.

33.2 If the period of suspension exceeds 90 days and the suspension is not due to the

Contractor's default, the Contractor may, by notice to the Project Manager, request

permission to resume execution of the services within 30 days or terminate the contract.

33.3 Where the award procedure or execution of the contract is vitiated by substantial

errors or irregularities or by fraud, the Contracting Authority with the prior approval of the

Central Government Authority shall suspend execution of the contract.

33.4 Where such errors, irregularities or fraud are attributable to the Contractor, the

Contracting Authority may in addition refuse to make payments or may recover amounts

already paid, in proportion to the seriousness of the errors, irregularities or fraud.

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33.5 The suspension of the Contract is intended to allow the Contracting Authority to verify

whether presumed substantial errors or irregularities or fraud have actually occurred. If

they are not confirmed, execution of the contract shall resume as soon as possible.

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Article 34 Termination by the Central Government Authority

34.1 This contract shall terminate automatically if it has not given rise to any payment

within a period of three years after its signature by both parties.

34.2 Termination shall be without prejudice to any other rights or powers under the

contract of the Central Government Authority and the Contractor.

34.3 In addition to the grounds for termination defined in these General Conditions, the

Central Government Authority may terminate the contract after giving 7 days' notice to the

Contractor in any of the following cases:

a) the Contractor fails substantially to carry out its obligations under the contract;

b) the Contractor fails to comply within a reasonable time with the notice given by the

Project Manager requiring it to make good the neglect or failure to perform its obligations

under the contract which seriously affects the proper and timely execution of the services;

c) the Contractor refuses or neglects to carry out administrative orders given by the Project

Manager;

d) the Contractor assigns the contract or subcontracts without the authorization of the

Contracting Authority;

e) the Contractor becomes bankrupt or is being wound up, is having its affairs

administered by the courts, has entered into an arrangement with creditors, has

suspended business activities, is the subject of proceedings concerning those matters, or

is in any analogous situation arising from a similar procedure provided for in national

legislation or regulations;

f) the Contractor has been convicted of an offence concerning its professional conduct by

a judgment which has the force of res judicata;

g) the Contractor has been guilty of grave professional misconduct proven by any means

which the Contracting Authority can justify;

h) the Contractor has been the subject of a judgment which has the force of res judicata

for fraud, corruption, involvement in a criminal organization or any other illegal activity

detrimental to the financial interests of the EC;

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i) following another procurement procedure or grant award procedure financed by the EC

budget, the Contractor has been declared to be in serious breach of contract for failure to

comply with its contractual obligations.

j) any organisational modification occurs involving a change in the legal personality, nature

or control of the Contractor, unless such modification is recorded in an addendum to the

contract;

k) any other legal disability hindering performance of the contract occurs;

l) the Contractor fails to provide the required guarantees or insurance, or the person

providing the underlying guarantee or insurance is not able to abide by its commitments.

34.4 The Contracting Authority may, thereafter, complete the services itself, or conclude

any other contract with a third party, at the Contractor’s own expense. The Contractor's

liability for delay in completion shall immediately cease when the Central Government

Authority terminates the Contracts without prejudice to any liability thereunder that may

have already been incurred.

34.5 Upon termination of the contract or when it has received notice thereof, the

Contractor shall take immediate steps to bring the services to a close in a prompt and

orderly manner and in such a way as to keep costs to a minimum.

34.6 The Project Manager shall, as soon as is possible after termination, certify the value

of the services and all sums due to the Contractor as at the date of termination.

34.7 The Contracting Authority shall not be obliged to make any further payments to the

Contractor until the services are completed, whereupon the Contracting Authority shall be

entitled to recover from the Contractor the extra costs, if any, of completing the services, or

shall pay any balance due to the Contractor.

34.8 If the Central Government Authority terminates the contract, the Contracting Authority

shall be entitled to recover from the Contractor any loss it has suffered up to the maximum

amount stated in the contract. If no maximum amount is stated, the Contracting Authority

shall, without prejudice to its other remedies under the contract, be entitled to recover that

part of the contract value which is attributable to that part of the services which has not, by

reason of the Contractor's failure, been satisfactorily completed.

34.9 The Contractor shall not be entitled to claim, in addition to sums owing to it for work

already performed, compensation for any loss or injury suffered.

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Article 35 Termination by the Contractor

35.1 The Contractor may, after giving 14 days notice to the Central Government Authority

and the Contracting Authority, terminate the contract if the Contracting Authority:

a) fails to pay the Contractor the amounts due under any certificate of the Project Manager

after the expiry of the time limit stated in Article 26; or

b) consistently fails to meet its obligations after repeated reminders; or

c) suspends the progress of the services or any part thereof for more than 90 days for

reasons not specified in the contract, or not due to the Contractor's default.

35.2 Such termination shall be without prejudice to any other rights of the Contracting

Authority or the Contractor acquired under the contract.

35.3 In the event of such termination, the Contracting Authority shall pay the Contractor for

any loss or injury the Contractor may have suffered. Such additional payment may not be

such that the total payments exceed the amount specified in Article 3 of the Special

Conditions.

Article 36 Force majeure

36.1 Neither party shall be considered to be in breach of its obligations under the contract

if the performance of such obligations is prevented by any circumstances of force majeure

which arise after the date of signature of the contract by both parties.

36.2 The term "force majeure", as used herein shall mean acts of God, strikes, lock-outs or

other industrial disturbances, acts of the public enemy, wars, whether declared or not,

blockades, insurrection, riots, epidemics, landslides, earthquakes, storms, lightning, floods,

washouts, civil disturbances, explosions, and any other similar unforeseeable events,

beyond the control of either party and which by the exercise of due diligence neither party

is able to overcome.

36.3 A party affected by an event of force majeure shall take all reasonable measures to

remove such party's inability to fulfil its obligations hereunder with a minimum of delay.

36.4 Notwithstanding the provisions of Article 33, the Contractor shall not be liable for

liquidated damages or termination for default if, and to the extent that, its delay in

performance or other failure to perform its obligations under the contract is the result of an

event of force majeure. The Contracting Authority shall similarly not be liable,

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notwithstanding the provisions of Article 26 and Article 35, to payment of interest on

delayed payments, for non-performance or for termination by the Contractor for default, if,

and to the extent that, the Contracting Authority's delay or other failure to perform its

obligations is the result of force majeure.

36.5 If either party considers that any circumstances of force majeure have occurred which

may affect performance of its obligations it shall notify the other party immediately giving

details of the nature, the probable duration and likely effect of the circumstances. Unless

otherwise directed by the Project Manager in writing, the Contractor shall continue to

perform its obligations under the contract as far as is reasonably practicable, and shall

seek all reasonable alternative means for performance of its obligations which are not

prevented by the force majeure event. The Contractor shall not put into effect such

alternative means unless directed so to do by the Project Manager.

36.6 For a fee-based contract, if the Contractor incurs additional costs in complying with

the Project Manager's directions or using alternative means under Article 36.5 the amount

thereof shall be certified by the Project Manager subject to the maximum contract value.

36.7 If circumstances of force majeure have occurred and persist for a period of 180 days

then, notwithstanding any extension of the period of execution that the Contractor may by

reason thereof have been granted, either party shall be entitled to serve upon the other 30

days' notice to terminate the contract. If at the expiry of the period of 30 days the situation

of force majeure persists, the contract shall be terminated and, in consequence thereof,

the parties shall be released from further performance of the contract.

Article 37 Decease

37.1 If the Contractor is a natural person, the contract shall be automatically terminated if

that person dies. However, the Central Government Authority shall examine any proposal

made by his heirs or beneficiaries if they have notified their wish to continue the contract

within 15 days of the date of decease. The decision of the Central Government Authority

shall be notified to those concerned within 30 days of receipt of such a proposal.

37.2 If the Contractor is a group of natural persons and one or more of them die, a report

shall be agreed between the parties on the progress of the services and the Central

Government Authority shall decide whether to terminate or continue the contract in

accordance with the undertaking given within 15 days of the date of decease by the

survivors and by the heirs or beneficiaries, as the case may be. The decision of the

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Central Government Authority shall be notified to those concerned within 30 days of

receipt of such a proposal.

37.3 Such persons shall be jointly and severally liable for the proper performance of the

contract to the same extent as the Contractor. Continuation of the contract shall be subject

to the rules relating to establishment of any guarantee provided for in the contract.

SETTLEMENT OF DISPUTES

Article 38 Settlement of disputes

38.1 The Central Government Authority, the Contracting Authority and the Contractor shall

make every effort to settle amicably any dispute relating to the contract which may arise

between them, or between the Project Manager and the Contractor.

38.2 Once a dispute has arisen, the parties to this contract shall notify each other in writing

of their positions on the dispute as well as of any solution which they envisage possible. If

either of the parties to this contract deems it useful, the parties shall meet and try to settle

the dispute. Each party shall respond to a request for amicable settlement within 30 days

of such request. The period to reach an amicable settlement shall be 120 days from the

date of the request. Should the attempt to reach an amicable settlement be unsuccessful

or should a party not respond in time to any requests for settlement, each party shall be

free to proceed to the next stage in reaching a settlement by notifying the other party.

38.3 In the absence of an amicable settlement, any dispute between the Parties that may

arise during the performance of this contract and that has not been possible to settle

otherwise between the Parties shall be submitted to the arbitration of the Malta Arbitration

Centre in accordance with the Arbitration Act (Chapter 387) of the Laws of Malta.

This law is based on “Model Law” which is the Model Law on International Commercial

Arbitration adopted on June 21, 1985 by the United Nations Commission on International

Trade Law reproduced in the First Schedule of the Arbitration Act.

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ANNEX II TERMS OF REFERENCE

Terms of Reference for 1) Technical Assistance in the Preparation of a Conceptual Design for Mechanical Biological Treatment Plants with Anaerobic Digestion and Completion of the Associated Cohesion Funds Application Form(s), 2) Preparation of Tender Documents and 3) Project Management and Supervision

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TABLE OF CONTENTS 1. BACKGROUND INFORMATION...........................................................................................74

1.1. Beneficiary country ..................................................................................................74 1.2. Central Government Authority ................................................................................74 1.3. Contracting Authority ...............................................................................................74 1.4. Relevant country background .................................................................................74 1.5 Current state of affairs in the relevant sector ........................................................74 1.6 Related programmes and other donor activities:..................................................75

2. CONTRACT OBJECTIVES & EXPECTED RESULTS..........................................................75 2.1. Overall objectives .....................................................................................................75 2.2. Specific objectives....................................................................................................75 2.3. Results to be achieved by the Consultant .............................................................76

3. ASSUMPTIONS & RISKS .....................................................................................................76 3.1. Assumptions underlying the project intervention: ...............................................76 3.2. Risks: .........................................................................................................................77

4. SCOPE OF THE WORK........................................................................................................77 4.1. General.......................................................................................................................77

4.1.1 Project description .......................................................................................77

4.1.2 Geographical area to be covered ................................................................78

4.1.3 Target groups...............................................................................................78

4.2. Specific activities ......................................................................................................78 4.2.1 Other General Conditions ............................................................................89

4.3. Project management.................................................................................................90 5. LOGISTICS AND TIMING .....................................................................................................91

5.1 Location .....................................................................................................................91 5.2 Commencement date & Period of execution .........................................................91

6. REQUIREMENTS..................................................................................................................91 6.1 Other experts ...............................................................................................91

6.2 Office accommodation .............................................................................................93 6.3 Facilities to be provided by the Consultant ...........................................................93 6.4 Equipment..................................................................................................................94 6.5 Incidental expenditure ..............................................................................................94 6.6 Professional Indemnity Insurance ..........................................................................94 6.7 Consultant's Liability................................................................................................95

7. REPORTS..............................................................................................................................96 7.1 Reporting requirements ...........................................................................................96 7.2 General Reporting.....................................................................................................96

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7.3 Special Reports – Supervision Reports .................................................................97 7.4 Submission & approval of progress reports..........................................................99

8. MONITORING AND EVALUATION.......................................................................................99 8.1 Definition of indicators .............................................................................................99

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1. BACKGROUND INFORMATION 1.1. Beneficiary country

Malta 1.2. Central Government Authority

Department of Contracts Notre Dame Ravelin Floriana VLT2000 Malta

Tel: +356 212 20212 Fax: +356 212 47681 Email: [email protected]

1.3. Contracting Authority

Wasteserv Malta Ltd.

1.4. Relevant country background

The Republic of Malta is a member of the European Union and is an island that lies at

the centre of the Mediterranean Sea, 93km south of Sicily and 288km north of Africa. The area of the country is 316 square kilometres. It consists of an archipelago: Malta, Gozo and Comino and three other smaller uninhabited islets. The climate is Mediterranean with hot, dry summers and mild winters.

In 2008 the Maltese population counted approximately 410,000 inhabitants, thus having

a population density of around 1,300 inhabitants per square kilometre. Moreover, Malta receives around 1.2 million tourists per year, mainly originating from Europe. The vast majority of Maltese are Catholic and able to speak both Maltese and English.

Inadequate past landfilling practices in the Maltese Islands resulted in a number of

uncontrolled dump sites which had to be closed before Malta’s accession in the European Union in 2004. An interim engineered landfill – Ta’ Zwejra, was constructed and received municipal solid waste (MSW) for about two and a half years until the Ghallis engineered landfill was developed. To compliment the new standards in waste management, Wasteserv Malta Ltd. (Wasteserv) is upgrading the Sant’Antnin composting facility into a facility equipped with a digestion / composting facility to treat 35,000 tonnes of biodegradable material and a material recovery facility to treat 36,000 tonnes of recyclable material. Moreover, bring in sites and civic amenity sites were developed amongst other initiatives.

1.5 Current state of affairs in the relevant sector

The Solid Waste Management Strategy for the Maltese Islands, published in 2001, identifies 56 initiatives that are necessary to establish a sufficient legislative and physical infrastructure for the management of solid waste on the Maltese Islands. The Strategy has

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the overall purpose to provide a policy and decision-making framework for the future management of waste and for the preparation of implementation plans. WasteServ has the responsibility, on behalf of the Ministry for Resources and Rural Affairs, to set up the technological infrastructure necessary where private initiative is lacking and to ensure that a sufficient capacity for waste management exists to be able to attain the aim and objectives of the Strategy. A revision to the Solid Waste Management Strategy was issued for consultation in January 2009 and can be viewed at www.wastestrategy.gov.mt. Amongst others, this outlines the fact that landfilling of untreated waste remains the least preferred option and thus other developments are required. A potential scenario is the development of a second Mechanical Biological Treatment (MBT) plant in the north of Malta and another small scale MBT plant in Gozo with the aim of treating agricultural waste (animal husbandry waste and manure) and the organic fraction of Municipal Solid Waste that will not be treated at the Sant’Antnin Mechanical Biological Treatment plant located at the south of Malta.

1.6 Related programmes and other donor activities:

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

2. CONTRACT OBJECTIVES & EXPECTED RESULTS 2.1. Overall objectives

The overall objective of the project of which this contract will be a part is the development of a state of the art mechanical biological treatment plant in the North of Malta which entails the treatment of Municipal Solid Waste that will not be treated at the Sant’Antnin waste treatment plant, possibly combined with the treatment of animal husbandry waste from the same catchment area. The facility will consist of a Mechanical Treatment Plant and a Biological Treatment plant to be situated within the Ghallis engineered landfill which is located in the North of Malta.

2.2. Specific objectives The specific objectives of this consulting assignment, hereafter referred to as the Assignment is to prepare for EU grant financing and implementation a project comprising waste treatment facilities for i) residual Municipal Solid Waste i.e. the mixed waste stream that is collected in a catchment where there is also separate collection of materials and possibly some bio-waste, and possibly also ii) agricultural waste (manure), hereinafter referred to as the Project. The assignment also includes project management and supervision during the implementation stage.

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2.3. Results to be achieved by the Consultant 2.3.1 The expected general results from this contract are:

i Secure EU Funding for the Project

ii A successful procurement process

iii Obtain the necessary building and operation permits

iv A successful Project Management

v The successful construction, commissioning and acceptance of the Mechanical Biological Treatment Plant in the North of Malta.

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

i Planning framework and design basis

ii Feasibility study (FS), including an options analysis, for the waste treatment facilities in the Project

iii Cost Benefit Analysis (CBA) for the waste treatment facilities in the Project

iv Project implementation plans for the waste treatment facilities in the Project

v Environmental Impact Assessment

vi Cohesion fund (CF) application for the waste treatment facilities in the Project

vii Tender documents/designs including specifications for the waste treatment facilities in the Project

viii Documents related to project management and supervision during implementation

3. ASSUMPTIONS & RISKS 3.1. Assumptions underlying the project intervention:

i Securing of the necessary building permits

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

iii Stability of national government

iv Stability of environmental and planning policy

v Stability of the relevant EU standards

vi Sources of finance for the project are available at the appropriate times

vii The tendering, contracting and works processes are executed in time

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

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

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

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

3.2. Risks:

i Delays/problems in securing Cohesion Fund financing and complying with EC requirements and conditions possibly to be set

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

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

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

v Appeals lodged during the permitting and contracting process

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

vii Occurrence of force majeure

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

4. SCOPE OF THE WORK 4.1. General 4.1.1 Project description

The Project consists of the construction of a Mechanical Biological Treatment Plant for the North of Malta. The project will consist of the Design, Construction, Supply, Installation, Commissioning and Testing of a Mechanical Treatment Plant and a Biological Treatment Plant within the Ghallis Engineered Landfill, The aim of this Mechanical Biological Treatment plant (MBT) in the north of Malta is to treat the residual fraction of Municipal Solid Waste that will not be treated at the Sant’Antnin Mechanical

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Biological Treatment plant located at the south of Malta, and possibly also agricultural waste (animal husbandry waste and manure). Within the project the installation, commissioning and operation of the Mechanical Treatment Plant has a higher order of precedence

4.1.2 Geographical area to be covered

The Northern Region of the Island of Malta

4.1.3 Target groups

N/A

4.2. Specific activities

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

Task 1 - Establish planning framework

Task 2 - Feasibility study

Task 3 - Cost benefit analysis

Task 4 - Project implementation plans and documents

Task 5 - Environmental Impact Assessment

Task 6 - Cohesion fund application

Task 7 - Tendering and procurement

Task 8 – Project management and supervision

Task 1 – Establish planning framework This task involves the following activities:

i Review of existing Solid Waste Management (SWM) system on Malta - the existing SWM system on Malta shall be reviewed with a view to determine on one hand the framework within which the new facilities will be implemented and on the other hand the requirement for and role the new facilities will play in the overall system.

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

iii Review and Determination of Waste flow predictions – which involves i) the review and determination of current waste quantities and composition based on

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existing data and information, and ii) making predictions for future changes in waste quantities and composition during the lifetime of the planned facilities. These activities will comprise municipal solid waste and other waste types targeted by the planned facilities, such as agricultural waste (manure). Particular attention is to be dedicated to animal husbandry waste and manure since this will affect the investment costs and operational costs of the facilities. Currently there is a system in place whereby MSW is collected and transported for treatment/disposal, however farmers do not have a similar system in place for manure. The consultant is thus expected to find the right balance between what the farmers will be requested to pay to benefit from such a system, the necessary systems in place for collection and also what the farmers might get in return example compost or fertilizers, together with good standards and practices. In this sense the Consultant is expected to work closely with officials from the Department of Agriculture, to determine the quantities generated, identify the amount that needs to be treated and therefore determine the total amount of input waste streams expected to be delivered in order to size effectively size the plant.

iv Demand analysis and Determination of design standards – This activity includes determining the demand for the planned facilities, i.e. waste types and amounts that could be treated in the Project facilities, considering e.g. waste catchment area, and predicted future waste generation (quantities and composition) during the planning period, and the expected efficiency/capture rate of source separation of recyclables and biowaste. This activity will also include determination of the relevant design standards and criteria for the planned facilities.

Task 2 - Feasibility study The feasibility study involves the following activities:

i Definition of alternatives - considering the outcome of Task 1 the Consultant shall identify at least three different appropriate technical options. This can for example include options targeting additional waste streams than MSW, e.g. agricultural waste (manure) or sewage treatment sludge, or considering different options for biological treatment e.g aerobic or anaerobic. Other technological options are to be considered. The consultant is expected to consider options of treating MSW and manure both separately and combined. The identified options shall be described with regard to e.g. the waste flow, end-products and by-products produced, energy, heat and water balance, emissions to air and water, and approximate investment and O&M costs as a basis for comparison of alternatives. The alternatives have to be well defined and properly analysed within the constraints of the budget of the project ie € 42,750,000.00 (i.e. € 45,000,000 less the €2,250,000 which is the budget available for this tender).

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

iii Preliminary designs for selected alternative – The outputs shall include

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

b. Description of the main plant components

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

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

iv In advance of this tender competition the Contracting Authority shall prepare and submitted to MEPA the Project Description Statement (PDS) as per the guidelines of L.N. 114 of 2007 EIA Regulations, Section 5(3). This document which will be incorporated in the Master Plan Document for the Ghallis waste management Complex (PA 2342/06), will serve as basis for an extension of the existing EIA document (originally limited to the landfill facility at Ghallis) to also incorporate the Mechanical Biological Treatment Plant. Following the selection of the best option for the MBT as per bullets i and ii above, the Consultant is to revise the PDS document by extracting the relevant information from the master plan document and amend the technical description of the process to produce a stand alone PDS document to accompany the PA permit for the MBT project.

v Cost estimate for selected alternative - Based on the preliminary design of the

waste treatment facilities carried out in the preceding activity the Consultant shall prepare an itemised estimate of the capital investment costs and the operation & maintenance costs required during the life time for both Project components based on relevant EU/national standards/criteria and requirements. Also potential revenues/costs from e.g. sale or handling of compost, SRF/RDF, recyclable materials or energy from the waste treatment facilities shall be estimated.

Task 3 - Cost benefit analysis The Cost benefit analysis includes the following activities, which shall be carried out for the selected alternative:

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

sustainability of the Project, calculating the Project’s financial performance indicators and determining the appropriate (maximum) contribution from the EU co-funding, the funding gap. The calculation of the funding gap as well as of the project profitability indicators (i.e.: financial return on the investment or FRR/C and financial return on own capital or FRR/K, and the corresponding financial net present values FNPV) shall be made in accordance to the Working Document 4: Guidance on the methodology for carrying out Cost-Benefit Analysis1, and the EU Guide to Cost-Benefit Analysis of Investment Projects2

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

1 http://ec.europa.eu/regional_policy/sources/docoffic/2007/working/wd4_cost_en.pdf 2 ec.europa.eu/regional_policy/sources/docgener/guides/cost/guide2008_en.pdf

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iii Risk and sensitivity analysis - to take into account and evaluate the impact of the uncertainties that always permeates investment projects. The analysis shall be carried out in two steps,

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

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

Task 4 - Project implementation plans and documents This task involves preparation of the following outputs;

i Project implementation plan – with a time/activity schedule for implementation of the Project, taking into account the disbursement period of the EU 2007-2013 grant programme

ii Financing plan - with clear identification of sources of financing. The financing plan must specify the annual distribution of financing by source (e.g. EU funding, loan, bilateral grants, municipality/municipal company cash, local and state grants) for each of the two components of the Project.

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

a. a description of the facility

b. how the facility is to be commissioned and operated

c. the necessary pollution prevention and control measures

d. detailed drawings and descriptions of the engineering development of the site and its infrastructure

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

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

g. contingency plans for any emergencies such as fires

Note: An example of a typical Terms of Reference for a Working Plan related to an MBT plant is included in Appendix A of these Terms of Reference. These are to be considered as minimum requirements. The final Terms of Reference will be issued by MEPA and may include additional requirements. The Consultant is expected to make an allowance (separately identifiable in the appropriate tab within the BOQs) for any additional requirements over and above those already specified. The Consultant is to describe in his method statements the allowances which he/she is accounting for in

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

Task 5 - Environmental Impact Assessment 1. This task involves evaluation of the environmental impacts associated with

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

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

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

3. The Consultant shall prepare a public consultation and awareness raising program

that must comply with both EU and national EIA requirements.

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

5. The final Terms of Reference which will be eventually prepared by the Malta

Environment & Planning Authority (MEPA) following the submission of the Project Description Statement as per sub clause iv under Task 2 of these Terms of Reference. Note: An example of a typical Terms of Reference for an Environment Impact Statement related to an MBT plant is included in Appendix B of these Terms of Reference. These are to be considered as minimum requirements. The final Terms of Reference will be issued by MEPA and may include additional requirements. The BOQ contains a breakdown of all studies listed, and the Consultant is to price each study accordingly so that in the event that an study/s is/are not required the respective amount will be deducted from the BOQ. Moreover the Consultant is expected to make an allowance (separately identifiable in the appropriate tab within the BOQs) for any additional requirements or studies over and above those already specified. The Consultant is to describe in his method statements the allowances which he/she is accounting for in order to support and justify the relevant cost/s. In the event that no additional requirements/studies are requested this amount will be deducted from the BOQ.

6. The procedures to be followed in the preparation of a full Environmental impact

Assessment Content are established in The Maltese Environmental Impact Assessment Regulations 2007 (LN 114/2007.

7. The various assessments / studies shall be undertaken and presented without bias

for or against any part of the proposed development and the consultants shall ensure the professional integrity, including scientific integrity, of discussions and analyses in the EIA process.

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

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i A detailed method statement on how the baseline studies will be carried

out including areas of influence etc is to be submitted with this bid. ii Each study shall contain a co-ordinated and coherent assessment of the

proposed development on human beings and the natural and man-made environments, taking into account direct, indirect, short, medium and long-term effects of both the construction and operational phases. The analysis of the impacts on the environment shall be presented in summary, chart, and tabular or pictorial format and in a descriptive manner.

iii Where necessary, discussions should take place with the Contracting

Authority and MEPA and other relevant organisations on the confirmation of the key issues of the studies and a review of the designs and supporting information / documentation (e.g. the Project Description Statement – PDS,). Background data from field investigations and existing third party data will be collected and, where necessary, supplemented by original fieldwork. Third party data will be verified with the Contracting Authority and MEPA.

iv Where data is deemed important and does not exist or is not available,

suitable and sufficient data must be collected to enable an assessment of the environmental impacts of the proposed development. In such cases a correction factor applicable to local conditions is to be applied.

v Where the consultants are evaluating reasonably foreseeable significant

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

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

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

vii If the information relevant to reasonably foreseeable significant adverse

impacts cannot be obtained because the overall costs of obtaining it are unacceptable to the Chief Executive Officer of the Contracting Authority (or his representative) or the means to obtain it are not known, the consultants shall include within the EIA:

a statement that such information is incomplete or unavailable; a statement of the relevance of the incomplete or unavailable

information to evaluating reasonably foreseeable significant adverse impacts on the environment;

a summary of existing credible scientific evidence which is relevant to evaluating the reasonably foreseeable significant adverse impacts on the environment; and

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

viii Recommendations should be made in the EIA for any additional data

collection or verification, should this be required. ix Data shall be presented in a form that can be easily understood by the

non-specialist. All external data sources will be acknowledged and

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references provided. A non-technical summary is also to be presented as a separate document. This shall be presented in both Maltese and English and as a digital copy.

x Relevant authorities and statutory consultees (including the Local

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

xi Potential impacts shall be identified and where possible quantified. Where

quantification of the impact is not possible then professional judgement will be applied and all assumptions made identified. The methodology for the assessment of potential impacts shall be stated for each of the components of the proposed development and mitigation measures shall be identified, their likely effectiveness discussed and, where possible, incorporated into the design. Residual impacts shall also be identified in the report.

xii Following the submission of the first draft and depending on comments

from MEPA, subsequent drafts may be necessary to satisfy requirements of MEPA or the Contracting Authority. Provided that these revision are not a result of a radical change either in the technology, and/or waste quantities and composition and/or site location, the consultant is expected to make as many changes as necessary to fulfil and obtain the certification of approval of the EIS. Allocation for costs arising as a result of these changes is assumed to be included in the tendered price.

xiii All the members in the EIA team must be present for all public hearings

that will subsequently be planned by MEPA regarding this project.

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

Task 6 - Cohesion Fund application

The Consultant shall prepare a complete Cohesion Fund Application Form for Major Projects as per Annex XXI of Commission Regulation (EC) NO 1828/2006 and as established under articles 39 to 41 of Regulation (EC) NO 1083/2006.

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

Task 7 - Procurement

The Contracting Authority shall carry out the procurement for the Project Facilities with the support of the Central Government Authority and the Consultant. The Contracts Procedures will follow the Maltese Legal Notice (LN) 177 of 2005 as amended from time to time. The Consultant is required to provide full services for the preparation and

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completion of specifications, tender documents, evaluation and contract award for the contracts financed through the Cohesion Fund (2007-2013). These services expected to result in:

i Procurement plan - evaluate the alternative procurement route approaches in terms of the standard procurement documents, procurement procedure etc (eg. FIDIC3 General Conditions of Contracts), determine the suitable procurement route, the intended distribution in lots, indication of type of tenders and contracts, and distribution of local and foreign investment components over the investment project-planning period.

ii Tender documents – prepared in accordance with the agreed procurement plan, and where necessary complemented with complementary designs. The tender documents shall be drafted according to L.N.177, Public Contracts Regulations of 2005. It is envisaged that the Consultant must prepare the following tender documents:

a) Works Contract for the construction of the proposed Mechanical and Biological Treatment Plant on a Design Build Operate and Transfer (DBOT) model. The consultant is expected to draw up the Prior Indicative Notice (PIN) and Contract Notice, and to compile and complete the tender document which includes 5 volumes namely: Vol 1 Instructions to Tenderers, Vol 2 Special Conditions, Vol 3 Employers Requirements, Vol 4 BOQs, Vol 5 Drawings. The tender document is also to include the operation and maintenance of the facility by the successful works contractor following the period of commissioning and acceptance. The templates may be downloaded from this website: https://secure2.gov.mt/eprocurement/templates

b) Service Contract for the development and implementation of a Publicity Campaign in line with the Commission Decision concerning information and publicity measures concerning the activities of the Cohesion Fund to support the construction of the Mechanical and Biological Treatment Plant. The consultant is expected to draw up the Contract Notice, and to compile and complete the tender document including the Instructions to Tenders, Special Conditions, Terms of References and Evaluation Grids. The templates may be downloaded from this website: https://secure2.gov.mt/eprocurement/templates

c) Supply Contract for the delivery of mobile plant (such as wheel shovels, fork lift trucks, roll on roll of trucks, tele-handlers etc) and equipment (such as open top and press containers, self dumping hoppers etc) to support the operations of the Mechanical and Biological Treatment Plant. The consultant is expected to draw up the Contract Notice, and to compile and complete the tender document including the Instructions to Tenders, Special Conditions, Technical Specifications and Evaluation Grids. The templates may be downloaded from this website: https://secure2.gov.mt/eprocurement/templates

3 Fédération Internationale des Ingénieurs-Conseils.

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iii Tender documents – prepared in accordance with the agreed procurement plan, and where necessary The Consultant, in close liaison with the Contracting Authority and Central Government Authority, shall supervise the whole tendering procedure to ensure:

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

b. The submission of the tender documents in draft for approval by the Contracting Authority and then by the Central Government Authority and make any changes as required for the final version

c. To assist both the Contracting Authority and the Central Government Authority during the pre-tender phase: pre-tender meetings and minutes, site visits, answers to tenderers’ queries by circular letter, and preparation of evaluation and award recommendation reports

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

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

Task 8 – Project management and supervision The Consultant is expected to provide a sound and successful project management and supervision service spanning the whole process from the project preparation up to the sound and successful Implementation of the project for the construction and operations of a state of the art Mechanical and Biological Treatment Plant in the North of the Island of Malta.

These activities are expected to result in a high and efficient Project Management service and a high quality Supervision service in times of quality cost and time. The Consultant shall therefore undertake the roles of:

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

a. Taking into consideration the complexity of the Cohesion Fund project the Project Manager shall ensure an appropriate communication and cooperation between all the relevant actors involved.

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

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

- Monitoring Meetings with a wider participation, including The Contracting

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

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

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

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

(ii) Executive Architect until the necessary building permits are obtained, whereby this responsibility is to be handed over (through a Change of Architect form) to the successful contractor/s winning the DBOT contracts mentioned under Task 8 bullet ii a above. Following the responsibility handover, the Executive Architect is to undertake the role of Design Consultant.

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

(iv) Supervision Engineer (hereinafter referred as “the Engineer”(e.g. FIDIC model)) including the design approval, commissioning, testing and acceptance certification. The following is required from the Supervision Engineer:

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

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

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

ii. Investigate all drawings proposed by the Works Contractors for approval. The Engineer is to certify the final as-built drawings;

iii. Ensure that a design stage and execution stage, the final product is always in compliance with Local and EU Legislation.

iv. Inspects the Contractors’ Work during construction to ensure compliance with approved plans and specifications; perform final inspection of construction and recommend approval for payments, or prepare the list of items to be corrected before approval;

v. Keep and maintain the necessary files and correspondences as required.

vi. If necessary and if approved by the Contracting Authority and/or the Central Government Authority, issue Variation Orders.

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vii. Issue claims whenever the works Contractor is in default of any delays or not compliant to the tenders’ specifications and conditions (including the contract general conditions (e.g. FIDIC model)).

viii. The services will cover the following main phases:

• Land preparation and Pre-construction phase; • Construction phase; • Post-construction phase, including tests upon completion, and

final certification

ix. The Engineer’s authority in the contracts shall be defined by the conditions of the works contract. In his role as the FIDIC Engineer, or similar, the relative duties and authority shall be limited to the extent that the Contractor under this contract shall be obliged to seek the Contracting Authority’s specific approval in respect of, but not necessarily limited to the following:

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

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

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

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

as per FIDIC Red form of Contract, or similar forms of Contract, for the determination and settlement of claims and disputes.

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xi. Defect notification period:

The Contractor shall be available during the period following Commissioning and Project Closure for another period of 24 months to certify defects, remediation works, re-testing (if any) and the release of retention moneys to the DBOT contractor/s. To this effect the Performance Guarantee shall remain valid until the final performance certificate, including the defects notification period, is issued

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

c. Taking into consideration the complexity of this project the Engineer shall ensure that he is available at all times via email and telephone. Moreover he is expected to be present or represented on site on a daily basis for at least 2 hours per day, 5 day week.

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

e. The Engineer shall be requested to record his attendance and presence on site by means of a palm reader. A penalty of one hundred Euros (€ 100) per day which the Engineer is not present on site will be charged and hence deducted from the bill.

f. In cases where the Engineer needs the prior agreement/approval of The Contracting Authority (defined as the Employer in the FIDIC model) before making a decision in the contract (in accordance with these TORs and the Special Conditions of the Works Contracts) all the related contacts between the Engineer and the Employer shall be “in house” and such decisions shall be communicated to the Contractor exclusively by the Engineer.

g. The Contracting Authority will further monitor, co-operate for the supervision and will act on any matter related to the Contracts. Irrespective the involvement of the staff of Contracting Authority in the supervision activities, The Contracting Authority shall not deal directly with the Contractor. The Engineer shall act on behalf of the Employer towards the Contractor in any matter related to the contracts.

4.2.1 General Performance Requirements

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

Authority’s staff

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

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

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

much as possible together with the Consultant’s staff. • Efficiency: The mechanism of co-operation with The Contracting Authority

will be developed in the most efficient manner to ensure a sound implementation of the project. The mechanism shall be particularly designed to avoid any delay or discontinuity in the decision making process and avoid any possible dilution of the Consultant’s responsibility.

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

(iv) Where data is deemed important and does not exist or is not available, the

Consultant is to collect data sufficient to enable completion of the assessment. Any assumptions must be justified. If external or foreign data is used a correction factor applicable to local conditions is to be applied. Research and data collection shall be the responsibility of the Consultant. The Contracting Authority shall not accept delays in submission of deliverables, and/or the incompleteness of such deliverables due to insufficient data available and/or provision of such data.

4.3. Project management 4.3.1 Responsible body

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

4.3.2 Management structure

The Contracting Authority has its own Board of Directors. The Company’s senior management team consists of the Chief Executive Officer (CEO), Chief Financial Officer (CFO), Chief Operations Officer (COO) and the Chief Projects Manager (CPM). The middle management consists of the Operations Executive and the Contracting Executive. Subordinates include technical/expert, administrative, operative and support staff. The basic management structure of this contract and project (eg, planning, and day-to-day decision making processes) will be managed by project team within the Contracting Authority which will directly respond to the Chief Projects Manager (CPM). This unit acts in consultation with the, Chairman, the Chief Executive Officer as well as the Board of Directors.

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5. LOGISTICS AND TIMING

5.1 Location

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

5.2 Commencement date & Period of execution

The intended commencement date is as per the time plan included in Appendix C of these Terms of Reference and the period of execution of the contract shall be seventy nine (79) months from this date. Please refer to Articles 4 and 5 of the Special Conditions for the actual commencement date and period of execution. An indicative time plan of the major milestones and deliverables is included in Appendix C. The Consultant shall propose his binding time schedule meeting all the Requirements of these TORs in his Organisation and Methodology document forming part of his bid. The Consultant’s proposed time plan is part of the evaluation criteria. The Consultant’s Time Plan included in the tender’s offer should clearly identify and match the milestones as per the schedules of payments of Article 7.2 of the Service Contract (Part B of the tender document). The approved time plan will be attached to the contract and will be used as a tool to determine and quantify and deviations and/or delays from the approved programme, and in such events Article 7.5 of the Service Contract shall be applicable.

6. REQUIREMENTS

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

(ii) This Contract shall be carried out by qualified experts with in-depth experience in the area of municipal services, bio waste management and treatment technology, engineering design, project appraisal, procurement, Environmental Impact Assessment, project management and EU Cohesion Funding.

(iii) As the ruling language of the project is English, all team members assigned by the Consultant must possess proficiency in English (passive, speaking and writing).

(iv) The Consultant is encouraged to co-operate with and/or employ national experts and consultants, as appropriate.

6.1 Other experts

CVs for experts other than the key experts are not examined prior to the signature of the contract. They should not have been included in tenders. The Consultant shall select and hire other experts as required according to the profiles identified in the Organisation & Methodology and these Terms of Reference. These profiles must indicate whether they are to be regarded as long-term/short-term, international/local and senior/junior.

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The Consultant is free to propose whatever team falls under this category of “other experts” as long as he considers it appropriate for the provision of the required services in terms of staff expertise. However, as a minimum, the Consultant is expected to have available the following “other experts”:

a. A warranted legal advisor and FIDIC expert to assist the project team during tender preparation, tender clarifications and project implementation particular in interpreting and providing legal advice in relation to the tender document formulation, the Works’ Contractor/s bid/s, and any written correspondence between the Contracting Authority, the Consultant and the Works’ Contractor/s. This legal advisor should also have in depth knowledge and experience of the local procurement regulations in particular LN 177 of 2005. Computer literacy (MS Office) and proficiency in written and spoken English are required. The individual is requested to have at least 5 years of continuous experience in the period immediate prior to the submission of this tender document.

b. A local warranted mechanical/electrical engineer to assist in the M&E and building services specifications during tendering preparation, tender clarification and project implementation eg certification and verification as necessary. Computer literacy (MS Office) and proficiency in written and spoken English are required. The individual is requested to have at least 5 years of continuous experience in the period immediate prior to the submission of this tender document.

c. For the purposes of completing the EU Cohesion Fund Application Form the Consultant shall have available an Environmental Engineer or a professional in a related field to cover the environmental aspects of the Application From. The individual shall have experience in environmental impact assessment and assessment of waste management facilities and traffic studies. Computer literacy (MS Office) and proficiency in written and spoken English are required. Familiarity with EIA for solid waste treatment plants is a requirement. The individual is requested to have at least 5 years of continuous experience in the period immediate prior to the submission of this tender document.

For the purposes of this contract, international experts are considered to be those whose permanent residence is outside the beneficiary country while local experts are considered to be those whose permanent residence is in the beneficiary country.

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

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

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

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6.2 Office accommodation

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

The Consultant shall provide and maintain:

1. all other office facilities such as secretariat, IT equipment, printers/plotters, faxes, telephones, telephone lines, Internet access, photo copiers;

2. transportation, 3. accommodation etc. that he may require for the performance of the contract.

For the purposes of the Construction Activity (Task 8, i.e. Project Management), office accommodation is to be provided on site by the successful Works’ Contactor/s. This shall consist of a temporary/mobile site office for the Consultant and his staff. Specific details of the accommodation and facilities including cleaning services required, if any, should be specified by the Consultant when preparing the Works’ Tender. However the Consultant shall provide and maintain: 1. all other office facilities such as secretariat, IT equipment, printers/plotters, faxes,

telephones, photo copiers; 2. transportation, 3. accommodation etc. that he may require for the performance of the contract. The Consultant is not allowed to include any of these 3 requirements in the Works’ Tender/s. All equipment and/or furniture purchased by the Contracting Authority and/or provided by the Works’ Contractor shall be transferred in good condition to the Contracting Authority at the end of the project.

6.3 Facilities to be provided by the Consultant

The Consultant shall ensure that experts are adequately supported and equipped. In particular it shall ensure that there is sufficient administrative, secretarial and interpreting provision to enable experts to concentrate on their primary responsibilities. It must also transfer funds as necessary to support its activities under the contract and to ensure that its employees are paid regularly and in a timely fashion. The Consultant is responsible for organising the project office space provided by The Implementing Agency, such as to provide:

- a working environment for members of the Consultant’s staff, and - to allow working groups of up to four-six people to operate from time to time, as

necessary.

The Consultant will ensure that all members of the Consultant’s team are equipped with adequate computing, all the necessary IT hardware and ancillary equipment such as printers, document processing, electronic mail facilities, fax machines and mobile phones. Also he must provide appropriate equipment for site recording (photographs/videos). During the project period, the Consultant shall be responsible for: - Provision of related office equipment, office supplies, hardware and software equipment

in order to make the office fully operational - Any communication expenses (fax, e-mail, phone, etc.)

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- Provision of secretariat - Any cost incurred in document reproduction and printing The Consultant will be responsible for his own equipment.

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

The Consultant will be expected to arrange and pay for all local administrative and logistical support services, data acquisition and any other services required in order to perform the Services specified in these Terms of Reference.

6.4 Equipment

Unless requested in writing by the Contracting Authority no equipment is to be purchased on behalf of the Contracting Authority / beneficiary country as part of this service contract or transferred to the Contracting Authority / beneficiary country at the end of this contract. Any equipment related to this contract which is to be acquired by the beneficiary country must be purchased by means of a separate supply tender procedure.

6.5 Incidental expenditure

The total provision for Incidental Expenditures for contingencies is 10% of the value of the works involved for each task specified. The Consultant can only use this provision after prior approval obtained from the Contracting Authority and the Central Government Authority. This provision must be included without modification in the Budget breakdown. The Consultant shall be responsible for his own working equipment and vehicles and the related costs are deemed to be included under the fees. Travelling costs and transport to and in Malta, translation/interpretation, lodging, report production and any other incidental expenditure are to be included as part of the overall budget.

6.6 Professional Indemnity Insurance

The Consultant acts on behalf of the Contracting Authority (the Employer) in any works associated with this contract and any contracts ensuing from this contract. As a result, he is solely, fully and solely responsible towards the Employer for his services and for consequent progress and quality of the works. To guarantee the sound performance of these duties the Consultant shall provide to the Employer evidence of professional indemnity insurance. The Consultant shall take out, maintain and submit to the Contracting Authority proof of Professional Indemnity Insurance covering his liabilities under the Contract within 20 days of signing the contract and shall continue to provide proof as required by Special Conditions under Article 12.

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6.7 Consultant's Liability

The Consultant shall be financially liable against the Contracting Authority in particular for the any of the following circumstances:

(i) The tasks specified in this tender are significantly delayed and such delays

are found to be a result of negligence and/or incompetence from the part of the Consultant in any manner.

(ii) The quality of the service and/or studies is below the requirements of this

Service Contract and is a result of negligence and/or incompetence from the part of the Consultant in any manner.

(iii) The Works specified in Works Contract are significantly delayed and such delays could have been avoided through the involvement of the Supervision Engineer in any manner under the terms of this and/or the FIDIC Contract/s (or similar).

(iv) The quality of the works is substantially below the Works’ Contract

requirements and the Supervision Engineer could have improved it through the involvement of the Supervision Engineer in any manner under the terms of this and/or the FIDIC Contract/s (or similar).

(v) Significant defects, deficiencies or non-conformities with the Works

Contract requirements are discovered within the Defects Notification Period and they could have been corrected though the involvement of the Supervision Engineer in any manner under the terms of this and/or the FIDIC Contract/s (or similar).

(vi) The Works’ Contract Price/s is/are increased, such that the increase could

have been avoided through the involvement of the Supervision Engineer in any manner under the terms of this and/or the FIDIC Contract/s (or similar).

(vii) Serious irregularities imputable to the Supervision Engineer are discovered

and such irregularities lead to financial prejudices to either the Contracting Authority or the Central Government Authority, such as a refusal by the European Commission to reimburse expenditure or a claim by the European Commission for recovery of undue expenditures, etc.

(viii) Accidents occur on the site due to inappropriate health and safety

measures taken by the Contractor/s and such accidents could have been avoided through the involvement of the Supervision Engineer in any manner under the terms of this and/or the FIDIC Contract/s (or similar).

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7. REPORTS

7.1 Reporting requirements

Please refer to Article 24 of the General Conditions. Interim progress reports must be prepared every three months during the period of execution of the contract. There must be a final progress report and final invoice at the end of the period of execution. The draft final progress report must be submitted at least one month before the end of the period of execution of the contract. Note that these interim and final progress reports are additional to any required in Section 4.2 of these Terms of Reference.

7.2 General Reporting

The main outputs are detailed under each main activities required in Chapter 4. The Consultant shall prepare and submit the following reports in both soft and hard copy (twofold) in the English language. All submissions, including annexed maps, drawings, photos, reports, etc., shall be suited for reproduction. The following general reports will cover all the project activities and will point to all the results achieved by the Consultant:

a. Inception Report within 3 weeks from Commencement Date of the services

outlining, in addition to the activities performed: i) detailed work plan and timetable for achieving the Contract objectives; ii) detailed methodology for carrying out Services;

b. Progress Report every month. Progress reports should be short and concise and shall include general information on progress of the works. Payments will be withheld if not supported by Progress Reports.

c. Interim Reports- within two weeks of the end of every 3 (months) after the

Commencement Date. Interim Reports should be mostly in tabular format, should be short and concise and shall include in particular: 1. evidence of the works executed during the reporting period; 2. general information on progress of the works; 3. information on problems encountered and corrective actions undertaken; 4. the work plan for the Consultant’s experts for the next reporting period.

d. Claims Report – In the event of contractual claims raised by any of the parties to the

contract, a Claims Report shall be prepared on a monthly basis and shall include in particular: 1. the circumstances giving rise to the Claim; 2. an assessment of the contractual and financial implications arising out of the

claims; 3. the status of the claims in terms of the exchange of information between the

parties; 4. the projected total value of the Works Contract in consideration of the claims; 5. any other specific requirement of the Contracting Authority;

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e. Working Papers - presenting the outcome of the main tasks of the project:.

- Planning framework - Feasibility study with CBA - Project implementation and financing plan

- Project procurement plan

f. Cohesion Fund Application

g. Final Report - at the end of the services, and not later than 4 weeks from the expiry date of this contract i.e. after issuing of the Defects Liability Certificate or Performance Certificates by the Engineer. The Final Report will contain in particular: 1. the overall development of the project, the critical problems encountered the

achievement of the specific and overall objectives, as well as the recommendations for the future development;

2. full description of the works progress and compilation of outputs of all Interim Reports;

3. financial analysis of the works contract; 4. results relating to review and approvals of as–built documentation; 5. critical analysis of all major problems encountered and corrective actions taken; 6. a financial analysis of this Contract. A draft final report shall be submitted 1 month before completion of this contract.

7.3 Special Reports – Supervision Reports

The Consultant shall prepare the following reports:

a. Weekly Inspections Reports - over the construction period; b. Construction Supervision Quality Plan – To be submitted prior to the Contractor

commencing work on site. The document shall be an integral part of the Consultant’s quality system and shall include sections on:

(i) contract details (ii) organisation and responsibility (iii) scope of work (iv) reference documents (v) project program (vi) checking and approval procedures (vii) off site testing and approval procedures (viii) site visit procedures (ix) on site inspection procedures (x) commissioning procedures (xi) quality system audits (xii) details of system for project site reports (xiii) other applicable procedures and standards

c. Monthly Progress Reports (before the tenth day of the next month), pointing to:

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(i) Summary of the works carried out in each contract including the design review, construction, testing, erection and commissioning of plant and equipment;

(ii) The rate of progress against the Work Programme (bar chart monitoring); (iii) Potential delays and associated time or cost consequences (if any); (iv) The quality of the works- against the contract requirements; (v) Materials approved and/or rejected by the Engineer; (vi) Variation works approved by the Contracting Authority and/or Central

Government Authority; (vii) Outstanding claims from the Contractors; (viii) Summary of the applications for payment received and of the amounts

consequently certified by the Engineer; (ix) Updated cash flow estimation for the forthcoming 6 months; (x) The main decisions taken in the site meetings; (xi) The Minutes of the Site Meetings and the photo registrations shall be

annexed to the reports. These reports will underline any: (xii) Special problems encountered; (xiii) Lack of compliance with the contract requirements from the Contractor; (xiv) Change of the assumptions / conditions /design / works that appeared to

be necessary during the implementation of the works; (xv) Conflict/ disagreement with The Implementing Agency, particularly on the

major decisions where the written agreement of The Implementing Agency is required;

d. Design Review Reports - within 2 months from commencement of the Consultant's

services, after completion of the review of the Contractor’s documents for Works Contracts (according to FIDIC or similar);

e. Payment claim reports providing the information and the supporting documents to

be submitted to the Contracting Authority with the regular payment applications. The reports will be presented and delivered quarterly, within two weeks after each quarter;

f. Comprehensive Annual Reports detailing the development of the works over the

passed year, including but not limited to the following: (i) The overall progress of the works against the contract provisions (ii) The quality of the works and their suitability for the purpose (as defined in

the Contract) (iii) The overall performance of the Contractor/s

g. Variation Reports (IF REQUIRED)- whenever a variation has, according to these TORs, to be approved by the Contracting Authority and/or the Central Government Authority;

h. Taking Over Reports within one month after the issuance of the Taking Over

Certificate, including the certified as-built drawings, outlining the main taking-over findings and pointing to the achievement of the Contract objectives and the Contractor's overall performance;

i. Performance Reports twice a year (after each regular inspection/testing presenting

the Consultant's findings;

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Terms of Reference

Page 99

7.4 Submission & approval of progress reports

Two (2) hard copies and soft copies of the progress reports referred to above must be submitted to the Chief Projects Manager within the Contracting Authority or his assigned representative. The progress reports must be written in English. The Chief Projects Manager or his assigned representative is responsible for approving the progress reports.

8. MONITORING AND EVALUATION 8.1 Definition of indicators

During the period of this service contract, the Contracting Authority and the Consultant must keep an updated view of the progress made in the execution of this tender so that a quantitative comparison with all tasks described in this document can be made. It will be necessary that the Contracting Authority is able to evaluate the qualitative result of the work being carried out. In order to do this, each potential bidder is requested to propose important milestones in different stages of the project against which the Consultant will be assessed by the Contracting Authority. That is the actual progress of the contract will be monitored against the pre-defined and agreed milestones.

Furthermore, the Contracting Authority will utilize the following impact indicators in order to monitor the Consultant:

1. Punctuality in preparing the requested Reports and documents 2. Successful submission on time of the Cohesion Fund Application Form to the EU

Commission in Brussels 3. Successful launching and publication on time of all tender documents required

and related to the implementation of the state of the art MBT in the Island of Malta,

4. Works contracts development and completion assessed in terms of time, quality, costs and suitability for the purpose.

Visible outputs The following outputs will be monitored:

1. The various reports required in the section 7 above 2. Studies, surveys and investigations 3. Minutes of meetings 4. Site records (for controls / inspections / testing), including notifications issued to

the Contractors; 5. Interim Payment Certificates 6. Taking – Over Certificates 7. Performance Certificates 8. Any other relevant documentation

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APPENDIX A

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APPENDIX B

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APPENDIX C

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ID Task Name Duration Start Finish

1 Phase 1: Malta MTP 1254 days? Thu 18/12/08 Tue 17/12/13

2 Prepare PDS & Submit to MEPA 30 days Thu 18/12/08 Fri 30/01/09

3 PDS Approval by MEPA 60 days Mon 02/02/09 Thu 30/04/09

4 MEPA Full Development Application 4 mons Fri 26/11/10 Tue 22/03/11

5

6 Tender for Design Consultant 1 (MTP/MBT) 211 days Mon 03/08/09 Fri 04/06/10

7 Consultant Tender Preparation 1 wk Mon 03/08/09 Fri 07/08/09

8 Tender Vetting 49 days Mon 10/08/09 Mon 19/10/09

9 Tender Publication 37 days Tue 20/10/09 Thu 10/12/09

10 Tender Adjudication 2 mons Fri 11/12/09 Mon 08/02/10

11 Tender Award 1 wk Tue 09/02/10 Tue 16/02/10

12 Appeals Period 3 wks Wed 17/02/10 Tue 09/03/10

13 Contingency eg Appeals 3 mons Wed 10/03/10 Fri 04/06/10

14

15 Consultant Input CF Application 4 mons Tue 08/06/10 Thu 30/09/10

16 CF EU Fund Application Preparation 8 mons Tue 08/06/10 Mon 24/01/11

17 CF Application to EU/ Approval 6 mons Tue 25/01/11 Mon 18/07/11

18

19 Tender for MTP Contractor DBO 512 days Tue 08/06/10 Wed 20/06/12

20 MTP Tender Preparation 8 mons Tue 08/06/10 Mon 24/01/11

21 Tender MTP Vetting 2 mons Tue 25/01/11 Tue 22/03/11

22 Tender MTP Publication 52 days Tue 19/07/11 Mon 03/10/11

23 Tender MTP Adjudication 5 mons Tue 04/10/11 Thu 23/02/12

24 Tender MTP Award 1 wk Fri 24/02/12 Thu 01/03/12

25 Appeals Period 3 wks Fri 02/03/12 Fri 23/03/12

26 Contingency Possible Appeals 3 mons Mon 26/03/12 Wed 20/06/12

27

28 Detailed Design 8 mons Thu 21/06/12 Thu 07/02/13

29 Construction Management Plan 80 days? Wed 21/03/12 Mon 16/07/12

30 Build 14 mons Mon 18/06/12 Fri 26/07/13

31 Commissioning 5 mons Mon 01/07/13 Mon 18/11/13

32 Project Closure 1 mon Tue 19/11/13 Tue 17/12/13

33

34 Strategic Environmental Assessment 280 days Thu 08/01/09 Fri 19/02/10

52

53 Phase 2: Malta MBT 1283 days Wed 25/03/09 Wed 07/05/14

54

55 No site selection required as per 25/3/09 meeting withMEPA

0 days Wed 25/03/09 Wed 25/03/09

56

57 Project Description Statement 29 days Mon 13/04/09 Fri 22/05/09

58 No TOR's as Update EIA 0 wks Fri 22/05/09 Fri 22/05/09

59 MEPA Full Dev Application 1 wk Wed 28/07/10 Tue 03/08/10

60 EIA Update Report 4 mons Wed 04/08/10 Thu 25/11/10

61 EIA & Full Permit Approval 6 mons Fri 26/11/10 Thu 19/05/11

62

63 Consultant Studies: Feasibility, Prel Designs, CBA,EIA Update

8 mons Tue 08/06/10 Mon 24/01/11

64

65 Consultant Input CF Application 5 mons Tue 08/06/10 Thu 28/10/10

66 CF EU Fund Application Preparation 3 mons Fri 29/10/10 Mon 24/01/11

67 CF Application to EU/Approval 6 mons Tue 25/01/11 Mon 18/07/11

68

69 Tender for MBT Contractor 512 days Tue 08/06/10 Wed 20/06/12

70 Prepare Design, Specs, Tender MBT 12 mons Tue 08/06/10 Thu 19/05/11

71 Tender MBT Vetting 3 mons Fri 20/05/11 Tue 16/08/11

72 Tender MBT Publication 52 days Wed 17/08/11 Mon 31/10/11

73 Tender MBT Adjudication 4 mons Tue 01/11/11 Thu 23/02/12

74 Tender MBT Award 1 wk Fri 24/02/12 Thu 01/03/12

75 Appeals Period 3 wks Fri 02/03/12 Fri 23/03/12

76 Contingency eg Appeal 3 mons Mon 26/03/12 Wed 20/06/12

77

78 Detailed Design 8 mons Thu 21/06/12 Thu 07/02/13

79 Construction Management Plan 4 mons Mon 06/08/12 Tue 27/11/12

80 Build 17 mons Wed 31/10/12 Thu 06/03/14

81 Commission 6 mons Mon 14/10/13 Mon 07/04/14

82 Project Closure 1 mon Tue 08/04/14 Wed 07/05/14

Wasteserv

Mepa

Wasteserv[105%]

DOC[114%]

DOC

DOC

DOC

DOC

DOC

Consultant 1

Wasteserv

EU

Consultant 1

DOC

DOC

DOC

DOC

DOC

MTP Contractor

MTP Contractor

MTP Contractor

MTP Contractor

25/03

Wasteserv

22/05

Consultant 1

Mepa

Consultant 1

Consultant 1

Wasteserv

EU

Consultant 1

DOC

DOC

DOC

DOC

DOC

MBT Contractor

MBT Contractor

MBT Contractor

MBT Contractor

MBT Contractor

Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q12009 2010 2011 2012 2013 2014 2015

Task

Split

Progress

Milestone

Summary

Project Summary

External Tasks

External MileTask

Split

Page 1

Project: Malta MTP MBT_Appendix C_Date: Thu 15/10/09

TENDER PREVIEW

Organisation & methodology

Page 133

ANNEX III: ORGANISATION & METHODOLOGY To be completed by the tenderer

Note: The Tender is to ensure that his Organisation and Methodology statement is exhaustive and addresses all aspects of the Terms of Reference as set out in Annex II.

DIRECT COPYING FROM THE TERMS OF REFERENCE WILL NOT BE ACCEPTED

1. METHOD STATEMENT

• A detailed description of the proposed activities considered to be necessary to achieve the contract objectives on a task by task basis.

• The activities shall be described in as minute a detail as possible such as to demonstrate the Tenderer’s knowledge and experience in all areas, as these shall be applied towards achieving the contract objectives.

2. STRATEGY

• An outline of the approach proposed for contract implementation.

• The sequencing of the proposed activities considered to be necessary to achieve the contract objectives

• The related inputs and outputs

• In the case of a tender being submitted by a consortium, a description of the input from each of the consortium partners and the distribution and interaction of tasks and responsibilities between them

• In the case that both local and foreign experts, or foreign experts only, are contracted for the achievement of the contract objectives, details of the time inputs and location (locally or in the home country) for each activity

• A description of sub-contracting arrangements foreseen, if any and within the limit indicated in clause 3 of the Instructions to tenderers, with a clear indication of the tasks that will be entrusted to a sub-contractor and a statement by the tenderer guaranteeing the eligibility of any sub-contractor

3. RATIONALE

• Any comments on the Terms of reference of importance for the successful execution of activities, in particular its objectives and expected results, thus demonstrating the degree of understanding of the contract. Any comments contradicting the Terms of reference or falling outside their scope will not form part of the final contract

• An opinion on the key issues related to the achievement of the contract objectives and expected results

• An explanation of the risks and assumptions affecting the execution of the contract

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4. TIMETABLE OF ACTIVITIES

• The timing, sequence and duration of the proposed activities, taking into account mobilisation time

• The identification and timing of major milestones in execution of the contract, including an indication of how the achievement of these would be reflected in any reports, particularly those stipulated in the Terms of reference

5. RESOURCES

The bidder must demonstrate how through the use of his resources he will achieve timely delivery of the tasks Identified under this tender The bidder must demonstrate how through the use of his resources and expertise he will ensure the quality of the tasks Identified under this tender.

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List of key experts

Page 135

ANNEX IV: KEY EXPERTS

Name of expert Proposed position

Years of experience

Age Nationality Educational background

Specialist areas of

knowledge

Experience in

beneficiary country

Languages and degree of fluency (VG, G, W)

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CURRICULUM VITAE Proposed role in the project: 1. Family name: 2. First names: 3. Date of birth: 4. Nationality: 5. Civil status: 6. Education:

Institution [ Date from - Date to ]

Degree(s) or Diploma(s) obtained:

7. Language skills: Indicate competence on a scale of 1 to 5 (1 - excellent; 5 - basic)

Language Reading Speaking Writing

8. Membership of professional bodies: 9. Other skills: (e.g. Computer literacy, etc.) 10. Present position: 11. Years within the firm: 12. Key qualifications: (Relevant to the project) 13. Specific experience in the region:

Country Date from - Date to

14. Professional experience Date from - Date to

Location Company Position Description

15. Other relevant information (e.g., Publications)

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ANNEX V: BUDGET (Global Price)

TO BE INCLUDED IN PACKAGE 3 ONLY Table of Costs (Global Price) for: Professional fees and related expenses for the various tasks requested in this tender and which is related to the: Tender for EPCM Consultancy Services for the design, EIA, contracting and managing a project for the construction of a Mechanical and Biological Treatment plant in the North of Malta

Description

Amount in EUROS (excluding VAT)

Task 1: Establishing planning framework (carried down from breakdown of costs for task 1)

€

Task 2: Feasibility Study (carried down from breakdown of costs for task 2)

€

Task 3: Cost benefit analysis (carried down from breakdown of costs for task 3)

€

Task 4: Project Implementation plans and documents (carried down from breakdown of costs for task 4)

€

Task 5: Environmental Impact Assessment (carried down from breakdown of costs for task 5)

€

Task 6: Cohesion Fund Application (carried down from breakdown of costs for task 6)

€

Task 7: Tendering and Procurement (carried down from breakdown of costs for task 7)

€

Task 8: Project Management and Supervision (carried down from breakdown of costs for task 8)

€

Total Carried to Form of Tender (Global Price)

€

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Schedule 1 Tables of Breakdown of Costs related to the deliverables as specified in the Tender Document (TO BE INCLUDED IN PACKAGE 3 ONLY) Table 1 Schedule of Breakdown of Costs for Task 1

Deliverables Amount in EUROS (excluding VAT)

Task 1: Establishing planning framework: i. Review of existing Solid Waste Management System in Malta € ii. Review of SWM planning framework for the region € iii. Waste flow predictions € iv. Demand analysis and Determination of design standards € v. Any other item/s and requirements necessary to achieve the tender’s objectives as set out in Annex II Terms of Reference and which is not listed in this section is to be fully described and priced by the Tenderer so as to define the nature and extent of the resources to be used and their costs. If there is no cost or any other item, NIL should be inserted in the adjacent Amount column. Failure to identify any additional related activity would imply that all such activities would be absorbed within the above listed items.

€

Total Amount for Task 1 € Table 2 Schedule of Breakdown of Costs for Task 2

Task 2: Feasibility Study: i. Definition of alternatives € ii. Selection of preferred alternative € iii. Preliminary designs for selected alternative € iv. Revision of the Project Description Statement (PDS) € v. Cost estimate for selected alternatives € vi. Any other item/s and requirements necessary to achieve the tender’s objectives as set out in Annex II Terms of Reference and which is not listed in this section is to be fully described and priced by the Tenderer so as to define the nature and extent of the resources to be used and their costs. If there is no cost or any other item, NIL should be inserted in the adjacent Amount column. Failure to identify any additional related activity would imply that all such activities would be absorbed within the above listed items.

€

Total Amount for Task 2 €

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Table 3 Schedule of Breakdown of Costs for Task 3

Task 3: Cost benefit analysis: i. Financial Analysis € ii. Socio-economic analysis € iii. Risk and sensitivity analysis € iv. Any other item/s and requirements necessary to achieve the tender’s objectives as set out in Annex II Terms of Reference and which is not listed in this section is to be fully described and priced by the Tenderer so as to define the nature and extent of the resources to be used and their costs. If there is no cost or any other item, NIL should be inserted in the adjacent Amount column. Failure to identify any additional related activity would imply that all such activities would be absorbed within the above listed items.

€


Task 4: Project Implementation plans and documents: i. Project Implementation plan € ii. Financing plan € iii. Preparation and Completion of a Working Plan for the Operation of the Plant € iv. Any other item/s and requirements necessary to achieve the tender’s objectives as set out in Annex II Terms of Reference and which is not listed in this section is to be fully described and priced by the Tenderer so as to define the nature and extent of the resources to be used and their costs. If there is no cost or any other item, NIL should be inserted in the adjacent Amount column. Failure to identify any additional related activity would imply that all such activities would be absorbed within the above listed items.

€


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Deliverables Amount in EUROS (excluding VAT)

Task 5: Environment Impact Assessment: i. Baseline Study – Landscape and Visual Impact € ii. Baseline Study – Geomorphology/Hydrogeology/Hydrology/Geology € iii. Baseline Study – Noise and Vibration € iv. Baseline Study – Air Quality, Odour, Dust € v. Baseline Study – Archaeology € vi. Baseline Study – Land Cover/Agriculture quality and produce € vii. Baseline Study – Ecology € viii. Baseline Study – Socio-Economic € xi. Baseline Study – Contamination € x. Baseline Study – Marine € xi. Baseline Study – Geotechnical Site Investigation € xii. Baseline Study – Cultural Heritage € xiii. Baseline Study – Land Use/public traffica access and recreation € xiv. Baseline Study – Public Health € xv. Baseline Study – Any other relevant environmental factors € xvi. Demand & Alternatives – Assessment € xvii. Project Description € xviii. Policies and Legislation € xix. Co-ordinated Assessment – Compilation of EIS including risk assessment & impact assessments. Non-Technical Summaries, Review/ Reponses to MEPA/ Govt/ NGOs/ Public Hearings, Review and Revision of EIS

€

xx. Public Hearings and Appeals € xxi. Printing, binding, packaging, dispatching and postage of official EIA documents (per copy) qty as necessary € (per copy)

xxii. Any other item/s and requirements necessary to achieve the tender’s objectives as set out in Annex II Terms of Reference and which is not listed in this section is to be fully described and priced by the Tenderer so as to define the nature and extent of the resources to be used and their costs. If there is no cost or any other item, NIL should be inserted in the adjacent Amount column. Failure to identify any additional related activity would imply that all such activities would be absorbed within the above listed items.

€


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Task 6: Cohesion Fund Application: i. Preparation and completion of the EU Cohesion Funds Application € ii. Any other item/s and requirements necessary to achieve the tender’s objectives as set out in Annex II Terms of Reference and which is not listed in this section is to be fully described and priced by the Tenderer so as to define the nature and extent of the resources to be used and their costs. If there is no cost or any other item, NIL should be inserted in the adjacent Amount column. Failure to identify any additional related activity would imply that all such activities would be absorbed within the above listed items.

€


Task 7: Procurement Plan: i. Procurement Plan € ii a. Tender Document for Works Contract € ii b. Tender Document for Service Contract € ii c. Tender Document for Supply Contract € iii. Any other item/s and requirements necessary to achieve the tender’s objectives as set out in Annex II Terms of Reference and which is not listed in this section is to be fully described and priced by the Tenderer so as to define the nature and extent of the resources to be used and their costs. If there is no cost or any other item, NIL should be inserted in the adjacent Amount column. Failure to identify any additional related activity would imply that all such activities would be absorbed within the above listed items.

€


Task 8: Project Management and Supervision: .i Project Manager € ii. Executive Architect € iii. Client’s Representative € iv. FIDIC Supervision Engineer € v. Any other item/s and requirements necessary to achieve the tender’s objectives as set out in Annex II Terms of Reference and which is not listed in this section is to be fully described and priced by the Tenderer so as to define the nature and extent of the resources to be used and their costs. If there is no cost or any other item, NIL should be inserted in the adjacent Amount column. Failure to identify any additional related activity would imply that all such activities would be absorbed within the above listed items.

€


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Schedule No. 2: Additional services that may be required. (TO BE INCLUDED IN PACKAGE 3 ONLY)

The tenderer shall list in the following table the rates for undertaking any professional services additional to those specified in order to fulfil the Terms of Reference.

Level / Position Unit Rate per unit €

Per Hour Team Leader

Per Day

Per Hour Solid Waste Management Specialist Per Day

Per Hour Economist

Per Day

Per Hour Mechanical Engineer

Per Day

Per Hour EIA Specialist

Per Day

Per Hour Architect & Civil Engineer Per Day

Per Hour FIDIC legal advisor

Per Day

Per Hour M&E engineer

Per Day

Others (Tenderer to add as appropriate)

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ANNEX VI: FINANCIAL GUARANTEE

To be submitted on the letter headed notepaper of the financial institution providing the guarantee

To: Department of Contracts, Notre Dame Ravelin, Floriana, VLT2000 hereinafter referred to as "the Central Government Authority" Subject: Financial guarantee for the contract Tender for EPCM Consultancy Services for the design, EIA, contracting and managing a project for the construction of a Mechanical and Biological Treatment plant in the North of Malta with identification number CT 2577/ 2009 In accordance with Article 27of the General Conditions of the above Contract, we hereby irrevocably declare that we guarantee as primary obligor, and not merely as a surety, on behalf of <name and address of the Contractor>, hereinafter referred to as “the Contractor”, payment to the Central Government Authority of <amount> euro representing 20% of the value of the above Contract. Payment shall be made into an account to be specified by the Central Government Authority, without objection or legal proceedings of any kind, upon receipt of your first written claim (sent by recorded delivery) stating that the Contractor has not repaid the pre-financing payment on request or that the Contract has been terminated for any reason whatsoever. We shall not delay the payment, nor shall we oppose it for any reason whatsoever. We shall inform you in writing as soon as payment has been made. We note that the guarantee will be released in accordance with Article 27.6 of the General Conditions as amended by Article 12.7 of the Service Contract – Part B. The law applicable to this guarantee shall be that of the Laws of Malta. Any dispute arising out of or in connection with this guarantee shall be referred to the courts of the country of the Central Government Authority. This guarantee will come into force and will take effect on receipt of the pre-financing payment in the account designated by the Contractor to receive payments. …………………….. ………………………… Date Signature

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ANNEX VII BID BOND (to be inserted in Envelope 1) [On the headed notepaper of the financial institutions providing the guarantee] Whereas the Director of Contracts has invited tenders for EPCM Consultancy Services for the design, EIA, contracting and managing a project for the construction of a Mechanical and Biological Treatment plant in the North of Malta with identification number CT 2577 / 2009 and whereas Messrs __________________________________________________ [Name of tenderer] (hereinafter referred to as the Tenderer) is submitting such a tender in accordance with such invitation, we _____________________________ [Name of Bank], hereby guarantee to pay you on your first demand in writing a maximum sum of Twenty Two Thousand and Five Hundred Euros (Euro 22,500) in case the Tenderer withdraws his tender before the expiry date or in the case the Tenderer fails to provide the Performance Bond, if called upon to do so in accordance with the Conditions of Contract. The guarantee becomes payable on your first demand and it shall not be incumbent upon us to verify whether such demand is justified. This guarantee is valid up to and expires on the 9th May 2010 and unless it is extended by us or returned to us for cancellation before that date, any demand made by you for payment must be received at this office in writing not later than the above mentioned expiry date. This document should be returned to us for cancellation or utilisation or expiry or in the event of the guarantee being no longer required. After the expiry date and in the absence of a written demand being received by us before such expiry date, this guarantee shall be null and void, whether returned to us for cancellation or not, and our liability hereunder shall terminate. Yours faithfully, __________________ Bank Manager Date ______________

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ANNEX VIII MODEL PERFORMANCE GUARANTEE

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

Title of contract: Tender for EPCM Consultancy Services for the design, EIA, contracting and managing a project for the construction of a Mechanical and Biological Treatment plant in the North of Malta

Identification number: CT 2577 / 2009 We the undersigned, [name, company name, address], hereby declare that we will guarantee, not merely jointly and severally, but as principal debtor, to the Department of Contracts, Notre Dame Ravelin, Floriana VLT2000 on behalf of [Contractor's name and address], the payment of [amount of the performance guarantee], representing the performance guarantee mentioned in Article 7.8 of the General Conditions without dispute, on receipt of a first written request from the beneficiary. This guarantee shall enter into force and take effect from [indicate the date of entry into force of the contract]. We note that you will release the guarantee and notify us of the fact at the latest within thirty days of the approval by the Contracting Authority in accordance with Article 7.8 of the General Conditions as specified in Article 12.8 of the Service Contract – Part B, following submission of the Final progress report which accompanies the final invoice. Any dispute concerning this guarantee shall be governed by the Laws of Malta. Name: …………………………… Position: ………………… Signature: …………….. Date: <Date>

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Annex IX

Details of Bidder (to be inserted in envelope 2)

Name of Tenderer/Joint Venture/Consortium

Address

E-mail Address Tel. Nos. Fax Nos. Mobile Phone No. VAT Registration No.

Signature

Date

ID. Card No.

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Annex X

(To be inserted in Envelope 2)

EU DECLARATION

STATEMENT ON EXCLUDING CIRCUMSTANCES OF ARTICLE 49 OF PUBLIC CONTRACTS REGULATIONS 2005.

This declaration, duly completed, must be submitted by all tenderers and returned with the tender submission.

Name of Tenderer: __________________________________________________________

Address: __________________________________________________________ __________________________________________________________ __________________________________________________________ Please tick Yes or No as appropriate to the following statements relating to the current status of your organization:

1. The tenderer is bankrupt or is being wound up; or whose affairs are being administered by the court, who has entered into arrangement with creditors or who has suspended business activities or who is in any analogous situation arising from a similar procedure under national law and regulations.

[YES] [NO]

2. The tenderer is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court for an arrangement with creditors or of any other similar proceedings under national laws or regulations.

[YES] [NO]

3. The tenderer has been convicted of an offence concerning professional conduct by a judgment which had the force of res judicata in accordance with the laws of Malta.

[YES] [NO]

4. The tenderer has been declared guilty of grave professional misconduct proven by any means which the contracting authorities can demonstrate.

[YES] [NO]

5. The tenderer has not fulfilled the obligations relating to the payment of social security contributions in accordance with the law of Malta or the country in which he is established.

[YES] [NO]

6. The tenderer has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of Malta or the country in which he is established.

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[YES] [NO]

7. The tenderer is guilty of serious misrepresentation in supplying the information required under these regulations or has not supplied such information.

[YES] [NO]

8. The tenderer is the subject of conviction by final judgment for one or more reasons listed below:

(a) participation in a criminal organization, as defined in Article 2(1) of Council Joint Action 98/733/JHA;

(b) corruption, as defined in Article 3 of the Council Act of 26 May 1997 and Article 3(1) of Council Joint Action 98/742/JHA respectively;

(c) fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities;

(d) money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering.

[YES] [NO] I certify that the information provided above is accurate and complete to the best of my knowledge and belief. I understand that the provision of inaccurate or misleading information in this declaration may lead to my organization being excluded from participation in future tenders. Tenderers who have been guilty of making false declarations will incur financial penalties representing 10% of the total value of the contract being awarded. The rate may increase to 20% in the event of a repeat offence within five years of the first infringement. SIGNATURE: __________________ DATE: _______________ NAME: __________________ TEL: _______________

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Annex XI

SPECIMEN RETENTION GUARANTEE

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

Title of contract: Tender for EPCM Consultancy Services for the design, EIA, contracting and managing a project for the construction of a Mechanical and Biological Treatment plant in the North of Malta

Identification number: CT 2577 / 2009 We, the undersigned, [name, company name, address], hereby declare that we will guarantee, as principal debtor, to [Central Government Authority's name and address] on behalf of [Contractor's name and address], the payment amounting to 5% of the contract value without dispute, on receipt of a first written request from the beneficiary.

We further agree that no change or addition to or other modification of the terms of the contract or of the works to be performed thereunder or of any of the contract documents which may be made between you and the Contractor shall in any way release us from any liability under this guarantee. We hereby waive notice of any such change, addition or modification. The guarantee will enter into force and take effect from the [indicate the date of payment of the sums retained under the contract] and shall be valid until the date of issue of the certificate of final acceptance. We note that you will release the guarantee and notify us of the fact at the latest within thirty days of the date of issue of this certificate. Done at ………….., ../……………/.. Name and first name: …………………………… On behalf of: ………………… Signature: …………….. [stamp of the body providing the guarantee]

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ADMINISTRATIVE COMPLIANCE GRID (to be tailored to the specific project. The criteria indicated are those used by the Evaluation Committee.)

Contract title : Tender for EPCM Consultancy Services for the design, EIA, contracting and managing a project for the construction of a Mechanical and Biological Treatment plant in the North of Malta

Publication reference :

CT: 2577/2009

Tender

envelope number

Name of Tenderer Is language as required?

(Y/N)

Is d

ocum

enta

tion

com

plet

e as

per

Arti

cle

4 of

the

ITT?

(Y/N

)

Documentary proof in terms of the requirements

as per Articles 3(f) and 3(g) of the

ITT

(Y/N)

Proof of Financial and Economic Standing as per

Article 3(h)(i) of the ITT

(Y/N)

Proof of Technical Capacity as per

Article 3(h)(ii) of the ITT

(Y/N)

Other Administrative Requirements

(Y / N / NA)

Overall decision?

(Accept / Reject)

1

2

3

4

5

6

7

Chairman's name

Chairman's signature

Date

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TENDER PREVIEW

EVALUATION GRID (Award criteria: MEAT) Note: The evaluation grid does not contain any scorings, since the technical evaluation will be assessed by means of the “Pairwise Comparison Method”. This is to be read in conjunction with Annex III Organisation and Methodology

Criterion

Description

Tender No 1

Acceptable/ Not Acceptable

Tender No 2

Acceptable/ Not

Acceptable

Tender No 3

Acceptable/ Not

Acceptable

Tender No 4

Acceptable/ Not Acceptable

Remarks

Technical capacity (in order of Priority)

Method Statements Comprehensive Method Statements for major activities (to be read in conjunction with Work Programme)

Strategy The approach proposed by the Tenderer for successful contract implementation and achievement

Rationale Tenderer demonstrates that he has understood the Objectives of the Contract

Work Programme A Work Programme – Bar Chart with brief descriptions of major activities, showing the order of procedure and timing in which the Tenderer proposes to undertake the contract

Resources Tenderer owns or has access to the key items of resources and other key experts necessary for proper implementation of the contract.

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SERVICE TENDER SUBMISSION FORM

THIS IS TO BE INSERTED IN ENVELOPE 3 ONLY Ref: CT 2577 / 2009

Contract title: Tender for EPCM Consultancy Services for the design, EIA, contracting and managing a project for the construction of a Mechanical and Biological Treatment plant in the North of Malta

One signed original of this tender submission form (including original signed statements of exclusivity and availability from all key experts proposed, a completed financial identification form, as well as declarations from the Leader and all Partners in the case of a consortium) must be supplied, together with three copies.

Tenders being submitted by a consortium (ie, either a permanent, legally-established grouping or a grouping which has been constituted informally for a specific tender procedure) must follow the instructions applicable to the consortium leader and its partners.

1. Submitted by [i.e., the identity of the Tenderer]

Name(s) and address(es) of legal entity or entities submitting this tender

Leader*

Partner 2*

Etc … *

*add / delete additional lines for consortium partners as appropriate. Note that a sub-contractor is not considered to be a consortium partner. If this tender is being submitted by an individual legal entity, the name of that legal entity should be entered as 'Leader' (and all other lines should be deleted). Any change in the identity of the Leader and/or any consortium partners between the deadline for receipt of tenders indicated in the Instructions to tenderers and the award of the contract must be communicated to the Central Government Authority as soon as possible.

2 Contact Person (for this tender)

Name

Organisation

Address

Telephone

Fax

e-mail

3 Declaration(s) As part of their tender, each legal entity identified under point 1 of this form, including every consortium partner, must submit a signed declaration using the attached format. [For consortia, the declaration of the Leader must be a signed original but those of other partners may be faxed copies].

4 Statement I, the undersigned, being the authorised signatory of the above tenderer (including all consortium partners, in the case of a consortium), hereby declare that we have examined and accept without reserve or restriction the entire contents of the tender dossier for the tender procedure referred to above. We offer to provide the services requested in the tender dossier on the basis of the following documents, which comprise our Technical offer, Financial offer [and Tender guarantee], [submitted in separate packages]:

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• Organisation & Methodology;

• Key experts (comprising a list of the key experts and their CVs);

• Tenderer's declaration (including one from every consortium partner, in the case of a consortium);

• Statements of exclusivity and availability signed by each of the key experts;

• Completed financial identification form (see Annex VI of the draft contract) providing details of the bank account into which payments under the proposed contract should be made in the event that we are awarded the contract.

[If applicable: We undertake to guarantee the eligibility of the sub-contractor(s) for the parts of the services for which we have stated our intention to sub-contract in the Organisation and Methodology.]

We recognise that our tender may be excluded if we propose key experts who have been involved in preparing this project or engage such personnel as advisers in the preparation of our tender.

We are fully aware that, in the case of a consortium, the composition of the consortium cannot be modified in the course of the tender procedure. We are also aware that the consortium partners would have joint and several liability towards the Central Government Authority concerning participation in both the above tender procedure and any contract awarded to us as a result of it.

This tender is subject to acceptance within the validity period stipulated in clause 6 of the Instructions to tenderers. Signed on behalf of the tenderer

Name

Signature

Date

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FORMAT OF THE DECLARATION REFERRED TO IN POINT 3 OF THE TENDER SUBMISSION FORM

THIS IS TO BE INSERTED IN ENVELOPE 3 ONLY

To be submitted on the headed notepaper of the legal entity concerned

<Date>

<Name and address of the Central Government Authority - see Section 8 of the Instructions to Tenderers >

Your ref: CT 2577/ 2009

Dear Sir/Madam

TENDERER'S DECLARATION

In response to your letter of invitation to tender for the above contract, we hereby declare that we:

• offer to deliver, in accordance with the terms of the tender dossier and the conditions and time limits laid down, without reserve or restriction:

[description of services]

• The price of our tender is:

[…………………………………]

• This tender is valid for a period of […………..] from the final date for submission of tenders, i.e. until [../../..].

• If our tender is accepted, we undertake to provide a performance guarantee of [……….], as required by Sub-Article 7.8 of the General Conditions.

• Our firm/company [and our subcontractors] has/have the following nationality:

[……………………………………………………………………]

• are submitting this tender [ on an individual basis ]* / [ as partner of the consortium led by < name of the leader / ourselves > ]* for this contract. We confirm that we are not participating in any other tender for the same contract, whatever the form of the application (as a partner - including leader - in a consortium or as an individual Candidate);

• reconfirm that we are not in any of the situations excluding us from participating in contracts which are listed in the relevant section of the Public Contracts Regulations 2005 (LN177/2005)

• agree to abide by the ethics clauses in the relevant section of the Public Contracts Regulations 2005 (LN177/2005) and, in particular, have no potential conflict of interests or any relation with other short-listed candidates or other parties in the tender procedure at the time of the submission of this tender;

• [ have attached a current list of the enterprises in the same group or network as ourselves ] / [ are not part of a group or network ]* and have only included data in the application form concerning the resources and experience of our legal entity;

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• will inform the Central Government Authority immediately if there is any change in the above circumstances at any stage during the tender procedure or during the implementation of the contract; and

• fully recognise and accept that any inaccurate or incomplete information deliberately provided in this tender may result in our exclusion from this and other contracts.

• We note that the Central Government Authority is not bound to proceed with this invitation to tender and that it reserves the right to award only part of the contract. It will incur no liability towards us should it do so.

[* Delete as applicable]

In the event that our tender is selected by the Evaluation Committee, we undertake to provide a sworn statement that our situation with regard to the grounds for exclusion listed in the relevant section of the Public Contracts Regulations 2005 (LN177/2005) has not altered in the period which has elapsed since the documentary evidence submitted with our application form was drawn up. We also understand that if we fail to provide this proof, together with copies of the diplomas and employers' certificates or references corresponding to the CVs of the key experts if requested to do so, confirmation of bank account details and a contact address for the contract within 15 calendar days after the date of the letter advising us that our tender has been recommended by the Evaluation Committee, or if the information provided is proved false, the notification will be considered null and void.

Yours faithfully

<Signature of authorised representative of the legal entity >

< Name and position of authorised representative of the legal entity >

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STATEMENT OF EXCLUSIVITY AND AVAILABILITY4

PUBLICATION REF: CT 2577/2009 I, the undersigned, hereby declare that I agree to participate exclusively with the tenderer < tenderer name > in the above-mentioned service tender procedure. I further declare that I am able and willing to work for the period(s) foreseen for the position for which my CV has been included in the event that this tender is successful, namely:

From To

< start of period 1 > < end of period 1 >

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

< 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 other tenderer submitting a tender to this tender procedure. I am fully aware that if I do so, I will be excluded from this tender procedure, the tenders may be rejected, and I may also be subject to exclusion from other tender procedures and contracts.

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

Name

Signature

Date

4 To be completed by all key experts.

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