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Closing Date: 09 June 2009 at 10:00am (Malta Time)

Date Published: 30 April 2009

Operational Programmes for Malta

Cohesion Policy 2007-2013

Investing in your future

Note:

Please note that the mandatory bid-bond of 40,000 euro is to remain valid up to6thNovember 2009

*Following the approval of the Monitoring Committee to shift the project Urban Waste Water Treatment Plant from PriorityAxis 4 to Priority Axis 5 and thus from European Regional Development Fund to Cohesion Fund, the change has now tobe formally accepted by the European Commission.

DIPARTIMENT TAL-KUNTRATTI

Notre Dame Ravelin

Floriana MALTA

www.contracts.gov.mt

DEPARTMENT OF CONTRACTS

Notre Dame Ravelin

Floriana MALTA

Telephone: +356 2122 0212, +356 2122 0313,

+356 2122 3206

Fax: +356 2124 7681

E-mail: [email protected]

SUBJECT: Design and Build OF A SUBMARINE OUTFALL AT TA

BARKAT L/O XGHAJRA

Tender Document: CT 2017/2009

The tender document is free of charge

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 Notice CT2017/2009

CT File No. CT/A/013/2009

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2/167CONSTRUCTION OF A SUBMARINE OUTFALL AT TA BARKAT L/O XGAJRA

CONTENTS

VOLUME 1

SECTION 1 : INSTRUCTIONS TO TENDERERSSECTION 2 : TENDER FORM, APPENDIX TO THE TENDERSECTION 3 : TENDER GUARANTEE FORMSECTION 4 : QUESTIONNAIRESECTION 5 : GLOSSARYSECTION 6 : EVALUATION GRIDS

VOLUME 2

SECTION 1 : CONTRACT FORMSECTION 2 : GENERAL CONDITIONSSECTION 3 : SPECIAL (PARTICULAR) CONDITIONSSECTION 4 : PERFORMANCE GUARANTEESECTION 5 : PRE-FINANCING PAYMENT GUARANTEESECTION 6 : RETENTION GUARANTEE

VOLUME 3

EMPLOYERS REQUIREMENTS (TECHNICAL SPECIFICATIONS)

VOLUME 4

FINANCIAL BID

VOLUME 5

DRAWINGS AND ANNEXES

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VOLUME 1

SECTION 1: INSTRUCTIONS TO TENDERERS

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SECTION I INSTRUCTIONS TO TENDERERS

PUBLICATION REF.: ____C20172009________________

In submitting a tender, the tenderer accepts in full and without restriction the specialand general conditions governing this contract as the sole basis of this tenderingprocedure, whatever his own corresponding conditions may be, which he herebywaives. Tenderers are expected to examine carefully and comply with all instructions,forms, contract provisions and specifications contained in this tender dossier. Failureto submit a tender containing all the required information and documentation withinthe deadline specified may lead to the rejection of the tender. No account can be takenof any reservation in the tender as regards the tender dossier; any reservation set outas a condition for the validity of the tender will result in the immediate rejection of thetender without further evaluation.

Prospective bidders are to register relevant contact details at [email protected] inorder that any communication/clarification be notified in due time, as per tenderdossier. Failure to do this will automatically disqualify any offer. The ContractingAuthority shall not be held responsible for misdemeanour if this condition is notadhered to. Relevant contact details are to include: Name of Contractor / Tel. No. / FaxNo. / E-Mail / Mob. No.An electronic downloadable version of tender dossier is available on websitewww.contracts.gov.mt.underthe heading View tenders Prospective bidders who havedownloaded the tender from the website quoted above are requested to check websitefor any subsequent clarifications posted .

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GENERAL PART1 GENERAL INSTRUCTIONSERROR! BOOKMARK NOT DEFINED.2 FINANCING3 PARTICIPATION4 INFORMATION/DOCUMENTSTO BE SUPPLIED BYTHE TENDERER

5 ONLY ONE TENDER PER TENDERER6 TENDER EXPENSES7 SITE INSPECTION

TENDERS DOCUMENTS8 CONTENT OF TENDER DOCUMENTS9 EXPLANATIONS CONCERNING TENDER DOCUMENTS10 MODIFICATIONS TO TENDER DOCUMENTS11 LABOUR LAW12 LAW

TENDERS PREPARATION13 LANGUAGE OF TENDERS

14 CONTENT AND PRESENTATION OF TENDER15 TENDER PRICES16 CURRENCIES OF TENDER AND PAYMENT17 PERIOD OF VALIDITY OF TENDERS18 TENDERGUARANTEE19 VARIANT SOLUTIONS20 PREPARATION AND SIGNING OFTENDERS

SUBMISSION OF TENDERS21 SEALING ANDMARKING OFTENDERS22 EXTENSION OF THE DEADLINE FOR SUBMISSIONOF TENDERS23 LATETENDERS24 MODIFICATION AND WITHDRAWAL OF TENDERS

OPENING AND EVALUATION OF OFFERS25 OPENING OF TENDERS26 SECRECY OF THE PROCEDURE27 CLARIFICATION OFTENDERS28 CHECKING OF TENDERS AND THEIR COMPLIANCE WITH THE

REQUIREMENTS OF THE TENDER DOCUMENTS29 EVALUATION AND COMPARISON OFTENDERS30 FINANCIAL EVALUATION AND CORRECTION OF ERRORS

CONTRACT AWARD31 CRITERIA FOR AWARD32 RIGHT OF THE CONTRACTING AUTHORITY TO ACCEPT OR REJECT ANY

TENDER33 NOTIFICATION OF AWARD, CONTRACT CLARIFICATIONS34 CONTRACT SIGNING AND PERFORMANCE GUARANTEE35 COMMENCEMENT OF WORKS36 ETHICS CLAUSES37 APPEALS

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GENERAL PART

1 GENERAL INSTRUCTIONS

1.1. Tenderers must tender for the whole of the works required by the dossier.Tenders will not be accepted for incomplete lots.

1.2 The tenderer will bear all costs associated with the preparation andsubmission of the tender. The Central Government Authority will in no casebe responsible or liable for such costs, whatever the conduct or outcome ofthe procedure.

2 FINANCING

2.1 The project is intended for co financing by the European Union, inaccordance with the rules of Cohesion Funds 2007-2013 programme.

2.2 The beneficiary of the financing is the Water Services Corporation, QormiRoad, Luqa LQA 9043, Malta.

2.3 The Central Government Authority is the Department of Contracts, NotreDame Ravelin, Floriana VLT 2000, Malta.

3 ELIGIBILITY

3.1 Participation in tendering is open on equal terms to all natural and legalpersons of the Member States of the European Union, the beneficiary countryor any other country in accordance with Article 68 of LN177/2005.]

3.2 Natural persons, companies or undertakings who fall under any of theconditions set out in Article 49 of the Public Contracts Regulations, 2005(Legal Notice 177 of 2005) may be excluded from participation in and the

award of contracts. Tenderers or candidates who have been guilty of makingfalse declarations will also incur financial penalties representing 10% of thetotal 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 the form in Volume 1 Section IV as per sub-article14.3.2.2.

3.3 The eligibility requirements detailed in Sub clauses 3.1and 3.2 also apply toall partners in a joint venture/consortium, all subcontractors and all suppliersto tenderers. In addition to their own documents and certificates, tenderersmust supply the documents and certificates called for in Sub clause 3.2 inrespect of:

- every partner in a joint venture/consortium,

- every subcontractor providing more than 10% of the works,

- every supplier providing more than 10% of the works.

Subcontractors and suppliers must also satisfy the eligibility requirementsspecified in Sub clause 3.1.

3.4 All materials, equipment and services to be supplied under the contract mustoriginate in an eligible country, as defined in Sub clause 3.1 above. Tenderersmust provide an undertaking signed by their representative certifying theircompliance with this requirement. For these purposes, "origin" means the

place where the materials and/or equipment are mined, grown, produced ormanufactured and/or from which services are provided.

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4 INFORMATION/DOCUMENTS TO BE SUPPLIED BY THE TENDERER

4.1 All tenderers must supply the following information and documents with theirtenders:

4.1.1. copies of the most recent documents showing the organisation chart,legal status and place of registration of the headquarters of the tenderer, apower of attorney empowering the person signing the tender and all relateddocumentation. These documents must correspond to the forms in Volume 1,Section 4 of the tender dossier:

general information about the tenderer (Form 4.1)

organisation chart (Form 4.2)

power of attorney (Form 4.3).

4.1.2. Evidence of financial and economic standing in accordance withArticle 50 of LN177/2005 showing that the liquid assets and access to creditfacilities are adequate for this contract in accordance to section 4.23, confirmedby a financial statement for the years 2006, 2007and 2008 verified by acertified accountant.. This evidence must be provided using Form 4.4, Financialstatement, in Volume 1, Section 4 of the tender.

The financial statements for the last 3 years shall be submitted and mustdemonstrate the soundness of the applicants financial position, showing long-term profitability.

4.1.3. Financial projections for the two years ahead 2010 and 2011. Thisinformation must follow Form 4.4, Financial statement, provided in accordance

with Volume 1, Section 4 of the tender documents.

4.1.4 Financial identification form (Form 4.5, Volume 1).

4.1.5. Information about the tenderer's technical qualifications inaccordance with Article 51 of LN177/2005. This information must follow theform in Volume 1, Section 4 of the tender documents and include:

a presentation of the tenderer's organisation, including the totalnumber of staff employed (Form 4.2),

a list of the staff proposed for the execution of the contract, with theCVs of key staff [Engineer, main foreman, other...] (Forms 4.6.1),

a list of plant for execution of the contract in which the contractormust demonstrate the adequacy of his technical resources incomparison to the works that need to be carried out. The contractormust also state how long it will take him to deploy the necessaryequipment on site.

The tenderer must indicate whether such equipment is owned, hiredor used by a subcontractor. Documents describing the equipmentmust be submitted with the tender (Form 4.6.2);

evidence of relevant experience in execution of works of a similar

nature, including the nature and value of the relevant contracts, aswell as works in hand and contractually committed (Form 4.6.4). The

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contractor must make sure that he compiles with other requirementsestablished in the tender document;

if appropriate, information about tenderers involved in a jointventure/consortium (Form 4.6.5);

4.1.6. Summary information about key elements of the tender and of thetenderers organisation.

a list of materials and any supplies intended for use in the works,stating their origin;

a draft work programme with brief descriptions of major activities(Form 4.6.3), showing the sequence and proposed timetable for theexecution of the works. In particular, the proposal shall detail thetemporary and permanent works to be constructed. The tenderermust take account of the prevailing weather conditions and therequirement to prepare designs and obtain building permits prior to

the execution of construction works. The tenderer must also submita comprehensive method statement, with drawings if necessary,showing the methods by which he proposes to carry out the works.In particular, the tenderer must indicate the numbers, types andcapacities of the plant and personnel he proposes to use on themajor activities of work;

a graphic work schedule (bar chart) showing in outline times andduties allocated for employees for this contract (Form 4.6.3);

data concerning subcontractors and the percentage of works to besubcontracted (Form 4.6.6);

information regarding the proposed site office, if any (Form 4.6.8);

an outline of the quality assurance system(s) to be used (Form4.6.7).

details of the accommodation and facilities to be provided for theEngineer, if any (Form 4.6.8);

Forms 4.6.10 to 4.6.12 duly completed.

any other information (Form 4.6.13).

4.1.7 A Technical Proposal including a Technical solution, presented in theForm of drawings, photographs, diagrams and descriptive literature toallow for an assessment of the design approach, as well as the qualityand quantities of material and equipment offered.

4.2 In order to be considered eligible for the award of the contract, tenderers mustprovide evidence that they meet or exceed certain minimum qualificationcriteria. This evidence must be provided by tenderers in the form of theinformation and documents described in Sub clause 4.1 and in whateveradditional form tenderers may wish to utilise.

The minimum qualification criteria for each tenderer are as follows:

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4.2.1 They must be a registered firm or natural person capable of carryingout the specified works.

NB: In the case of a joint venture, the joint venture as a wholemust satisfy the minimum qualifications required below inaccordance with Art icles 50 and 51 of LN177/2005.

4.2.2 General Experience.

The Tenderer shall meet the following minimum criteria:

a. Annual turnover in respect of the products, works or services towhich the contract relates for the last 3 years of an averageof at least Euro 6 million.

b. Successful experience as prime contractor in the execution ofat least two 0.5 km long submarine pipelines completedwithin the last 5 years.

c. Successful experience as prime designer (himself or anominated design consultant) of at least two submarine 0.5km submarine pipelines completed within the last 5 years.

d. Tenderers must provide a list of the major works undertakenover the years 2004, 2005, 2006, 2007 and 2008, which valueexceed Euro 3,000,000(Form 4.6.4). Each work quoted mustbe accompanied by evidence of successful completion. Thismay be proved inter alia by successful completion certificates.

e. The bidder must present a CV for the following Key personnelemployed on the project to demonstrate that they have theminimum experience required below. The contractor must file a

declaration stating that the key personnel stated in the tenderdocument shall be used in the contract.

Key Positions MinimumExperience (yearsexperience inworks of a similarnature andcomplexity).

Project Manager (ContractorsRepresentative

8

Civil Engineer (Site Manger) 5Dredging Master 2

Construction Barge Master 2

f They must provide an indication of the technicians or technicalbodies involved, whether or not belonging directly to theeconomic operators undertaking, especially those responsiblefor quality control and those upon whom the contractor can callin order to carry out the work

g If appropriate an indication of the environmental managementmeasures that the economic operator will be able to applywhen performing the contract.

4.2.3 They must provide :.

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a. Financial Resources

Evidence of financial and economic standing in accordance with Article50 of LN177/2005 showing that the liquid assets and access to creditfacilities are adequate for this contract, confirmed by a financial

statement for the years 2004 to 2007 verified by a certified accountant.This evidence must be provided using Form 4.4, Financial statement, inVolume 1, Section 4 of the tender documents. The tender shalldemonstrate, by a written statement form his bank addressed to theContracting Authority, that he has available a revolving credit facility ofnot less than Euro 1.5 million. This credit facility must be specificto the project.

b. Financial Position

The financial statements for the last 3 years shall be submitted andmust demonstrate the soundness of the applicants financial position,showing long-term profitability.

4.2.4 The company acting as the lead partner in a joint venture/consortium,must have the ability to carry out at least 50% of the contract works byits own means, as defined in Sub Clause 3.

4.2.5 If the company is another partner in a joint venture/consortium (i.e. notthe lead partner) it must have the ability to carry out at least 10% of the

contract orks by its own means, as defined in Sub Clause 3.

4.3 Tenders submitted by companies forming a joint venture/consortium must alsofulfil the following requirements:

The tender must include all the information required by Subclause 4.1 for each partner of the joint venture/consortium andthe summary data for execution of works by the tenderer.

The tender must be signed in a way that legally binds allpartners. See Form in Volume 1, Section 2 of the tenderdocuments.

One partner must be appointed lead partner and thatappointment confirmed by submission of powers of attorneysigned by legally empowered signatories representing all theindividual partners.

The tender must include a preliminary agreement or letter ofintent stating that all partners assume joint and several liabilityfor the execution of the contract, that the lead partner isauthorised to bind, and receive instructions for and on behalf of,all partners, individually and collectively.

All partners in the joint venture/consortium are bound to remain inthe joint venture/consortium for the whole performance period ofthe contract other than as may be permitted or required by law.

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5 ONLY ONE TENDER PER TENDERER

A company may not tender for a given contract both individually and as apartner in a joint venture/consortium. Submission or participation by a

tenderer in more than one tender for a contract will result in thedisqualification of all those tenders for that contract in which the party isinvolved. The same company may participate as subcontractor in differenttenders.

6 TENDER EXPENSES

6.1 The tenderer will bear all costs associated with the preparation and submissionof the tender.

6.2 The Central Government Authority will neither be responsible for, nor cover,any expenses or losses incurred by the tenderer through site visits and

inspections or any other aspect of his tender.

7 SITE INSPECTION

7.1 A tenderer shall visit the site of the works and its surroundings for the purposeof assessing, at his own responsibility, expense and risk, factors necessary forthe preparation of his tender and the signing of the contract for the works.

7.2 A clarification meeting will be held by the Contracting Authority as follows:

Water Services Corporation, Head Office, Luqa LQA 9043 at 1000hrs localtime, on the --------------------------- . By the time of the clarification meeting it will

be assumed that the prospective bidders would have already familiarisedthemselves with the project site and surroundings in accordance with clause7.1.

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TENDER DOCUMENTS

8 CONTENT OF TENDER DOCUMENTS

8.1 The set of tender documents comprises the following documents and should

be read in conjunction with any modification issued in accordance with Clause10:

VOLUME 1 INSTRUCTIONS TO TENDERERS

VOLUME 2 CONTRACT

VOLUME 3 TECHNICAL SPECIFICATIONS

VOLUME 4 MODEL FINANCIAL BID

BILL OF QUANTITIES/PRICE BREAKDOWN

VOLUME 5 DRAWINGS

8.2 Tenderers bear sole liability for examining with appropriate care the tenderdocuments, including those design documents available for inspection, andany modification to the tender documents issued during the tendering period,and for obtaining reliable information with respect to conditions andobligations that may in any way affect the amount or nature of the tender orthe execution of the works. In the event that the tenderer is successful, noclaim for alteration of the tender amount will be entertained on the grounds oferrors or omissions in the obligations of the tenderer described above.

8.3 The tenderer must provide all documents required by the provisions of thetender dossier. All such documents, without exception, must comply strictlywith these conditions and provisions and contain no alterations made by thetenderer. Tenders which do not comply with the requirements of the tenderdossier will be rejected.

9 EXPLANATIONS CONCERNING TENDER DOCUMENTS

9.1 Tenderers may submit questions in writing up to 16 calendar days before thedeadline for submission of tenders. The Central Government Authority mustreply to all tenderers' questions at least 6 calendar days before the deadlinefor receipt of tenders.

9.2 Copies of written responses will be sent to all known tenderers (including thequery but without identifying the source of the enquiry).

10 MODIFICATIONS TO TENDER DOCUMENTS

10.1 The Central Government Authority may amend the tender documents bypublishing modifications up to 6 calendar days before the deadline forsubmission of tenders.

10.2 Each modification published will constitute a part of the tender documentsand be sent, in writing, to all known tenderers. The tenderers must sign eachpage and attach it to the tender documents.

10.3 The Central Government Authority may, as necessary and in accordance with

Clause 22, extend the deadline for submission of tenders to give tendererssufficient time to take modifications into account when preparing their tenders.

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11 LABOUR LAW

Particular attention is drawn to the conditions concerning the employment oflabour in Malta and the obligation to comply with all regulations, rules orinstructions concerning the conditions of employment of any class ofemployee.

12 LAW

12.1 By submitting their tenders, tenderers are deemed to know all relevant laws,acts and regulations of Malta that may in any way affect or govern theoperations and activities covered by the tender and the resulting contract.

12.2 They must, in particular, comply with the Financial Administration and AuditAct (CAP. 174).

TENDER PREPARATION

13 LANGUAGE OF TENDERS

13.1 The tender and all correspondence and documents related to the tenderexchanged by the tenderer and the Central Government Authority must bewritten in English.

13.2 Supporting documents and printed literature furnished by the tenderer may bein another language, provided they are accompanied by an accuratetranslation into English. For the purposes of interpretation of the tender, theEnglish language will prevail.

14 CONTENT AND PRESENTATION OF TENDER

14.1 Tenders must satisfy the following conditions:

14.1.1 All tenders must be submitted in one original, marked original,and 2 copies signed in the same way as the original and markedcopy.

14.1.2 All tenders must be received by 9thJune 2009 at 10.00am Malta

Time and deposited in the tender box at the entrance of theDepartment of Contracts, Notre Dame Ravelin, Floriana VLT

2000, Malta

14.1.3 All tenders, including annexes and all supporting documents,must be submitted in a sealed envelope/package/s bearing only:

a) the above address;

b) the reference of the invitation to tender concerned;

c) if applicable, the number of the lot(s) to which the tenderrefers;

d) the words Not to be opened before the tender opening

session";

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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 bythe open or restricted procedures with an estimated value of over 600,000 or, at thediscretion of the Director of Contracts, on tenders of a lower estimated value or on tendersawarded through the negotiated or competitive dialogue procedures, the tender conditionsstipulate that tenders shall only qualify for consideration if they are submitted in separatepackages as follows:

(a) Package One: an original and valid tender bond (Bid Bond), duly executed in the form, forthe amount and for the validity period stipulated in the official tender document;(b) Package Two: technical specifications including supportive literature, details, designs,samples and any other matter as requested in the tender documents; and

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

(2) In the process of adjudicating the tender, the packages for all tenderers shall be opened inpublic and in the sequence enumerated in the subregulation (1). When at any stage, anytenderer fails to comply with the tendering procedural requirements and, or with thespecifications, 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 properevaluation of any tender, which, however, would at that stage have already been declared tobe basically compliant.

(3) Any decision leading to the discarding of any tender during any stage of the process is tobe given publicity at the office of the contracting authority or at the Department of Contractsas the case may be and the affected tenderer is to be informed of the decision within twoworking days of its publication.

(4) A complaint by the affected tenderer and any person having or having had an interest inobtaining a particular public contract must reach the Department of Contracts or thecontracting authority involved, as the case may be, within four working days from the date ofnotification of the decision and such complaint shall be accompanied by a deposit of 0.5% ofthe estimated tender value, which deposit shall only be refundable if the Appeals Board findsin the tenderers or other person having or having had an interest in obtaining a particularpublic contracts favour: Provided that the deposit shall in no case be less than 580 or morethan 58,000.

(5) The review is to be effected by the public contracts Appeals Board before the next stageof the adjudication process is commenced.

(6) The procedure to be followed by the Board when carrying out the review shall consist in acomplete and detailed re-examination of the reasons brought forward by the adjudicationboard 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 putappropriate questions to the Head of any department or contracting authority as well as themembers of the respective adjudication boards and to have recourse to all pertinentdocumentation.

(8) The Chairman of the Appeals Board shall also have the right to seek expert advice fromoutside the department or contracting authority involved.

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

(10) Any tenderer or any other person having or having had an interest in obtaining aparticular public contract whose complaint under this Part is not upheld shall not have theright 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 whoseoffer reaches the final stage of the award procedure, that is, the opening and the publicationof the financial proposals:Provided further that any rights granted to tenderers by virtue of regulation 84(19) shall alsoapply to appeals decided by the Appeals Board under this Part.

It has to be emphasised that financial proposals are to be submittedONLY in Package 3.]

14.2 The works are not divided into lots and must be covered by a single tender.

Nevertheless, the Government reserves the right of accepting any tenderwholly or in part, or of dividing the contract among two or more tenderers. ]

14.3 The tender must comprise the following duly completed documents:

14.3.1 An original bid-bond for the amount of 40,000, in the form providedin Volume 1, Section 3;

This is to be inserted in Package 1.

14.3.2 A technical proposal consisting of:

14.3.2.1 Eligibility certificates as required by Sub clauses 3.3 and 3.4;

14.3.2.2 A signed declaration from each legal entity identified in the tenderform certifying their eligibility to participate, using the form 4.6.10in Volume 1 Section IV (refer to Article 3.2 above);

14.3.2.3 Documentation as required in the questionnaire in Volume 1,Section 4, including all forms attached;

14.3.2.4 Modifications (if any);

14.3.2.5 Financial identification form;

14.3.2.6 Cash flow statements;

14.3.2.7 All other documents requested in Clause 4.]

14.3.2.8 Any other technical requirements, requested in the technicalspecifications.

14.3.2.9 A diskette or CD-ROM containing the electronic version of thetechnical offer

All the above information is to be inserted in Package 2.

N.B. Tenderers must indicate where the above documentation is to be

found in their offer by using an index.

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14.3.3 A financial bid calculated on a basis of DDU for the suppliestendered, including if applicable:

14.3.3.1 Tender form and appendix, in accordance with the forms provided inVolume 1, Section 2;

14.3.3.2 Breakdown of the overall price, in the form provided in Volume 4 (Billof Quantities);

All the above information is to be inserted ONLY in Package 3.

14.4 The relevant pages of the documents specified in Sub clauses 14.1.1to 14.3.3.2 must be signed as indicated.

15 TENDER PRICES

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

15.2 The tenderer must provide a breakdown of the overall price in Euro.

15.3 Tenderers must quote all components of the price exclusive of taxes andcustoms and import duties. Except as may otherwise be provided for in thecontract, no payment will be made for items which have not been costed [ifapplicable; such items will be deemed to be covered by other items on the billof quantities].

15.4 Separately, tenderers must quote, in Euro, the taxes, customs and importduties applicable at the time of submission.

15.5 If a discount is offered by the tenderer, it must be clearly specified in the billof quantities/breakdown of the overall price in Volume 4 and indicated in thetender form in Volume 1, Section 1.2. The discount must be quoted for theprice excluding taxes and for the whole of the works.

15.6 If the tenderer offers a discount, the discount must be included on eachinterim statement and calculated on the same basis as in the tender.

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

15.8 The prices for the contract, must include all of the works to beprovided. The prices quoted are fixed and not subject to revision or escalation incosts.

15.9 The budget available for this tender is 7 million (excluding VAT).

VAT and all other taxes are to be quoted separately.

16 CURRENCIES OF TENDER AND PAYMENT

16.1 The currency of the tender is the Euro. All sums in the breakdown of theoverall price, in the questionnaire and in other documents must be expressed

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in Euro, with the exception of originals of bank and annual financialstatements.]

16.2 Payments will be made at the Contractor's request after acceptance by theContracting Authority according to the terms of the contract.

16.3 All correspondence relating to payments, including invoices and interim andfinal statements, must be submitted as required in the contract.

17 PERIOD OF VALIDITY OF TENDERS

17.1 Tenders must remain valid for a period of 150 days after the deadline forsubmission of tenders indicated in the contract notice, the tender document oras modified in accordance with Clauses 10.3 and/or 22 i.e. the 6

thNovember

2009. Any tender valid for a shorter period will be rejected.

17.2 In exceptional circumstances the Central Government Authority may requestthat tenderers extend the validity of tenders for a specific period. Such

requests and the responses to them must be made in writing. A tenderer mayrefuse to comply with such a request without forfeiting his tender guarantee(Bid Bond). However, his tender will no longer be considered for award. If thetenderer decides to accede to the extension, he may not modify his tender.He is, however, bound to extend the validity of his tender guarantee for therevised period of validity of the tender.

17.3 The successful tenderer must maintain his tender for a further 60 days fromthe date of notification of award.

18 TENDER GUARANTEE (Bid Bond)

18.1 The tender guarantee is set at 40,000 and must be an original and validguarantee presented in the form specified in the annex to the tender dossier. Theguarantee must be issued by a local Maltese Bank or a Financial Institution licensedby a recognized Financial Regulator in the country where the company is locatedand who assumes responsibility for claims and payments to the amount as statedabove. It must remain valid up to and including the 6th November 2009. The tenderguarantee must be drawn up in the name of the Director General of the Departmentof Contracts, Notre Dame Ravelin, Floriana, VLT 2000, Malta.

The tender guarantee (Bid Bond) is intended as a pledge that the tenderer will notretract his offer up to the expiry date of the guarantee and, if successful, that he willenter into a contract with the Director General of Contracts on the terms andconditions stated in the tender dossier.

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

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

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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.

19 VARIANT SOLUTIONS (Not applicable if the award criteria is price)No variant Solutions will be taken into consideration

20 PREPARATION AND SIGNING OF TENDERS

20.1 Tenders must comprise the documents specified in Clause 14 above. Eachcomplete tender must be prepared in 1 original and two> copies in theEnglish language, clearly marked "original" or "copy". In the event of anydiscrepancy between them, the original will prevail.

20.2 The original of the tender must be typewritten or written in indelible ink and

signed by a person or persons empowered by the power of attorneysubmitted in accordance with Form 4.3 of Volume 1, Section 4 of the tenderdossier. Any pages on which entries or modifications have been made mustbe initialled by the person or persons signing the tender. All pages must benumbered consecutively by hand, machine or in any other way acceptable tothe Central Government Authority.

20.3 The tender must contain no changes or modifications, other than those madein accordance with instructions issued by the Central Government Authority ornecessitated by errors on the part of the tenderer. In such cases,modifications must be initialled by the person signing the tender.

20.4 The tender will be rejected if it contains any modification, addition or deletion

to the tender documents not specified in a modification issued by the CentralGovernment Authority, or if the tender documents are not filled in properly.

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SUBMISSION OF TENDERS

21 SEALING AND MARKING OF TENDERS

21.1 The tenders must be submitted in English and received before the deadline

specified in Article 25. They must be submitted:

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

Department of Contracts,Notre Dame Ravelin,Floriana, VLT 2000Malta

Tenders submitted by any other means will not be considered

21.2 Tenderers must seal the original and all copies of their tenders in an envelopeor package.

21.3 The envelope must be delivered to the address of the Central GovernmentAuthority as stated in the contract notice.

21.4 If the outer envelope is not sealed and marked as required in Sub clause14.1.3, the Central Government Authority will assume no responsibility for themisplacement or premature opening of the tender.

21.5 No variant solutions will be taken into consideration.

22 EXTENSION OF THE DEADLINE FOR SUBMISSION OF TENDERS

The Central Government Authority may, on its own discretion, extend thedeadline for submission of tenders by issuing a modification in accordancewith Clause 10. In such cases, all rights and obligations of the CentralGovernment Authority and the tenderer regarding the original date specifiedin the contract notice will be subject to the new date.

23 LATE TENDERS

23.1 All tenders received after the deadline for submission specified in the contractnotice or these instructions will be kept by the Central Government Authority.The associated guarantees may be returned to the tenderers on request.

23.2 No liability can be accepted for late delivery of tenders. Late tenders will be23.3 rejected and will not be evaluated.

24 MODIFICATION AND WITHDRAWAL OF TENDERS

24.1 Tenderers may alter or withdraw their tenders by written notification prior tothe above deadline. No tender may be altered after the deadline forsubmission.

24.2 Any notification of modification or withdrawal must be prepared, sealed,marked and submitted in accordance with Clause 21, and the envelope must

also be marked with "modification" or "withdrawal".

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24.3 The withdrawal of a tender in the period between the deadline for submissionand the date of expiry of the validity of the tender will result in forfeiture of thetender guarantee provided for in Clause 18.

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OPENING AND EVALUATION OF OFFERS

25 OPENING OF TENDERS

25.1 Tenders will be opened in public session on the 9th June 2009 at 10.00a.m. local time at Department of Contracts, Notre Dame Ravelin, Floriana,

VLT 2000, Malta by the General Contracts Committee. They will draw up aSummary of Tenders Received which will be published on the noticeboard at the reception area of the Department of Contracts and shall alsobe available for viewing on request.

25.2 At the tender opening, Envelope Number 3 (Price Bid) shall not be opened.Tenders unaccompanied by a valid ORIGINAL bid-bond (Envelope 1), thenecessary documentation (Envelope Number 2) on the closing date and timeof tender shall not be considered for the award of this contract.Prices will be opened following the administrative and technical evaluation,dealing with the acceptability or otherwise of the documents submitted in

Envelopes Number 1 and 2.]

25.3 The General Contracts Committee will open the tenders, including variantsolutions in accordance with Clauses 21 and 24.

25.4 Envelopes marked "withdrawal" will be opened and read out first. Tenders,including any variant solutions, for which acceptable notice of withdrawal hasbeen given in accordance with Clause 24 will not be opened (unless this isrequired by national law) but returned to the tenderer.

25.5 Reductions or modifications to tender prices made by tenderers aftersubmission will not be taken into consideration during the analysis and

evaluation of tenders.

25.6 After the opening of the tenders, no information about the examination,clarification, evaluation or comparison of tenders or decisions about thecontract award may be disclosed before the notification of award.

26 SECRECY OF THE PROCEDURE

26.1 Information concerning checking, explanation, opinions and comparison oftenders and recommendations concerning the award of contract, may not bedisclosed to tenderers or any other person not officially involved in the

process unless otherwise permitted or required by law.

26.2 Any attempt by a tenderer to approach any member of the evaluationcommittee/Central Government Authority directly during the evaluation periodwill be considered legitimate grounds for disqualifying his tender.

27 CLARIFICATION OF TENDERS

27.1 Tenders which are incomplete, conditional, illegible, obscure or containunrequested additions or other irregularities may be rejected.

27.2 When checking and comparing tenders, the evaluation committee may, after

obtaining approval from the General Contracts Committee, ask a tenderer toclarify any aspect of his tender.

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27.3 Such requests and the responses to them must be made by letter or fax.They may in no circumstances alter or try to change the price or content ofthe tender, except to correct arithmetical errors discovered by the evaluationcommittee when analysing tenders, in accordance with Clause 30.

28 CHECKING OF TENDERS AND THEIR COMPLIANCE WITH THE REQUIREMENTSOF THE TENDER DOCUMENTS

28.1 Before beginning a detailed analysis of the tenders, the evaluation committeewill check that each tender:

28.1.1 has been properly signed, and

28.1.2 includes the required tender guarantee (Bid Bond), and

28.1.3 substantially complies with the requirements of these tenderdocuments as per Administrative Compliance Grid.

28.2 An admissible tender is one which conforms to the requirements andspecifications described in the tender documents with no substantialdeviations or reservations. Substantial deviations and reservations are thosewhich:

28.2.1 in any way influence the scope, quality or execution ofworks, or

28.2.2 restrict the rights of the Central Government Authority, theContracting Authority or the obligations of the tenderer underthe contract in a manner inconsistent with the tenderdocuments, or

28.2.3 rectification of which would unfairly affect the competitiveposition of other tenderers presenting admissible tenders.

28.3 If a tender does not comply with the requirements of the evaluation grid, it willbe rejected by the evaluation committee when checking admissibility.

29 EVALUATION AND COMPARISON OF TENDERS

29.1 The evaluation committee must evaluate and compare only those tendersconsidered substantially admissible in accordance with Clause 28.2.. Tendersthat have been found to be overall compliant as per Administrative Compliance,

Evaluation Grid I Documentation, shall be evaluated further. Only thetechnical solution offered by those tenderers who have been found to satisfy theeligibility and qualification criteria and have passed the requirements of theAdministrative Compliance, Evaluation Grid II Qualifications, shall be thenevaluated.

30 FINANCIAL EVALUATION AND CORRECTION OF ERRORS

30.1 Upon completion of the technical evaluation, the financial offers for tenderswhich were not eliminated during the technical evaluation will be opened.

30.2 The evaluation of tenders will take into account the construction costs as faras the price is concerned.

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30.3 Admissible tenders will be checked for arithmetical errors by the EvaluationCommittee. Errors will be corrected as follows:

- where there is a discrepancy between amounts in figures and in words,the amount in words will prevail;

- where there is a discrepancy between a unit price and the total amountderived from the multiplication of the unit price and the quantity, the unitprice as quoted will prevail.

30.4 The amount stated in the tender will be adjusted by the evaluation committeein the event of error, and the tenderer will be bound by that adjusted amount.If the tenderer does not accept the adjustment, his tender will be rejected andhis tender guarantee forfeited.

30.5 When analysing the tender, the evaluation committee will determine the finaltender price after adjusting it on the basis of Clause 30.

CONTRACT AWARD

31 CRITERIA FOR AWARD

The evaluation committee will select the tenderer who has submitted the total lowest bidsatisfying the administrative and technical criteria.

32 RIGHT OF THE CENTRAL GOVERNMENT AUTHORITY TO ACCEPT OR REJECTANY TENDER

32.1 The Central Government Authority reserves the right to accept or reject anytender and/or to cancel the whole tender procedure and reject all tenders.

The Central Government Authority reserves the right to initiate a newinvitation to tender.

32.2 The Central Government Authority reserves the right to conclude the contractwith the successful tenderer within the limits of the funds available. Shouldthe lowest technically admissible tender exceed the available budget, theCentral Government Authority reserves the right to negotiate with the relevanttenderer with a view to reducing the scope of the works or revising otherterms of the contract in order to bring the tender price down to a levelsatisfactory to the Central Government Authority. Such negotiations will befinished within a reasonable amount of days of the receipt by the tenderer ofthe invitation to negotiate a reduction in the works.

32.3 In the event of a tender procedure's cancellation, tenderers will be notified bythe Central Government Authority. If the tender procedure is cancelled beforethe outer envelope of any tender has been opened, the sealed envelopes willbe returned, unopened, to the tenderers.

32.4 Cancellation may occur where:

(a) the tender procedure has been unsuccessful, namely where noqualitatively or financially worthwhile tender has been received or therehas been no response at all;(b) the economic or technical parameters of the project have beenfundamentally altered;(c) exceptional circumstances or force majeure render normal

performance of the project impossible;

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(d) all technically compliant tenders exceed the financial resourcesavailable;(e) there have been irregularities in the procedure, in particular wherethese have prevented fair competition.

In no circumstances will the Central Government Authority be liable for damages,

whatever their nature (in particular damages for loss of profits) or relationship to thecancellation of a tender, even if the Central Government Authority has been advisedof the possibility of damages. The publication of a contract notice does not committhe Central Government Authority to implement the programme or projectannounced.

33 NOTIFICATION OF AWARD, CONTRACT CLARIFICATIONS

33.1 Prior to the expiration of the period of validity of tenders, the CentralGovernment Authority will notify the successful tenderer, in writing, that histender has been selected and draw his attention to any arithmetical errorscorrected during the evaluation process.

33.2 This notification may take the form of an invitation to clarify certain contractualquestions raised therein, to which the tenderer must prepare himself to reply.This clarification will be confined to issues that had no direct bearing on thechoice of the successful tender. The outcome of such clarifications will be setout in a memorandum of clarifications, to be signed by both parties andincorporated into the contract.

This notification may take the form of an invitation to negotiate, in accordancewith Sub clause 32.2.

33.3 Only the signed contract will constitute an official commitment on the part ofthe Central Government Authority, and activities may not begin until thecontract has been signed by the Central Government Authority and thesuccessful tenderer.

33.4 Once the award has been published the Central Government Authority willalso notify the other tenderers that their tenders have not been successfuland release their tender guarantees (Bid Bonds).

34 CONTRACT SIGNING AND PERFORMANCE GUARANTEE

34.1 Within 15 calendar days of receiving the contract signed by the CentralGovernment Authority, the successful tenderer will sign and date the contractand return it to the Central Government Authority with the performanceguarantee. On signing the contract, the successful tenderer will become theContractor and the contract will enter into force.

34.2 If the selected tenderer fails to sign and return the contract and any financialguarantee required within 15 calendar days after receipt of notification, theCentral Government Authority may consider the acceptance of the tender tobe cancelled without prejudice to the Central Government Authority's right tocall the guarantee, claim compensation or pursue any other remedy inrespect of such failure, and the successful tenderer will have no claimwhatsoever on the Central Government Authority.

34.3 Prior to the signing of the contract, he may be required to confirm his financial

statement, as set out in Form 4.4. This statement must show his access tocredit facilities sufficient to ensure his liquidity during the performance of thecontract. Should he fail to provide this statement, his tender will be dismissed

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and the tenderer whose tender has been evaluated as second mostadvantageous may be invited to sign the contract and so on and so forth.

34.4 The performance guarantee referred to in the General Conditions is set at10% of the amount of the contract and must be presented in the formspecified in Volume 2, Section 4, to the tender dossier. It will be released in

accordance with the Special Conditions.

35 COMMENCEMENT OF WORKS

35.1 Following the signing of the contract by both parties, the Engineer will issue awritten notice of commencement of the works in accordance with the GeneralConditions, as specified by the Special Conditions and the Appendix to thetender.

35.2 The Contractor must inform the Central Government Authority'srepresentative by return that he has received the notice.

36 ETHICS CLAUSES

36.1 Any attempt by a candidate or tenderer to obtain confidential information,enter into unlawful agreements with competitors or influence the committee orthe Central Government Authority during the process of examining, clarifying,evaluating and comparing tenders will lead to the rejection of his candidacy ortender and may result in administrative penalties.

36.2 Without the Central Government Authority's prior written authorisation, theContractor and his staff or any other company with which the Contractor isassociated or linked may not, even on an ancillary or subcontracting basis,

supply other services, carry out works or supply equipment for the project.This prohibition also applies to any other programmes or projects that could,owing to the nature of the contract, give rise to a conflict of interest on the partof the Contractor.

36.3 When putting forward a candidacy or tender, the candidate or tenderer mustdeclare that he is affected by no potential conflict of interest, and that he hasno particular link with other tenderers or parties involved in the project. Shouldsuch a situation arise during performance of the contract, the Contractor mustimmediately inform the Central Government Authority.

36.4 The Contractor must at all times act impartially and as a faithful adviser inaccordance with the code of conduct of his profession. He must refrain from

making public statements about the project or services without theContracting Authority's prior approval. He may not commit the ContractingAuthority in any way without its prior written consent.

36.5 For the duration of the contract, the Contractor and his staff must respecthuman rights and undertake not to offend the political, cultural and religiousmorals of Malta.

36.6 The Contractor may accept no payment connected with the contract otherthan that provided for therein. The Contractor and his staff must not exerciseany activity or receive any advantage inconsistent with their obligations to theContracting Authority.

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36.7 The Contractor and his staff are obliged to maintain professional secrecy forthe entire duration of the contract and after its completion. All reports anddocuments drawn up or received by the Contractor are confidential.

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

36.9 The Contractor shall refrain from any relationship likely to compromise hisindependence or that of his staff. If the Contractor ceases to be independent,the Central Government Authority may, regardless of injury, terminate thecontract without further notice and without the Contractor having any claim tocompensation.

36.10 The Commission/Ministry of Finance reserves the right to suspend or cancelproject financing if corrupt practices of any kind are discovered at any stageof the award process and if the Contracting Authority fails to take allappropriate measures to remedy the situation. For the purposes of thisprovision, "corrupt practices" are the offer of a bribe, gift, gratuity orcommission to any person as an inducement or reward for performing or

refraining from any act relating to the award of a contract or implementation ofa contract already concluded with the Central Government Authority.

36.11The tender(s) concerned will be rejected or the contract terminated if itemerges that the award or execution of a contract has given rise to unusualcommercial expenses. Such unusual commercial expenses are commissionsnot mentioned in the main contract or not stemming from a properlyconcluded contract referring to the main contract, commissions not paid inreturn for any actual and legitimate service, commissions remitted to a taxhaven, commissions paid to a recipient who is not clearly identified orcommissions paid to a company which has every appearance of being a frontcompany.

37 APPEALS

Part XIII of Legal Notice 177/2005

Procedure for the submission of appeals

(1) Any tenderer who feels aggrieved by a proposed award of a contract and any personhaving or having had an interest in obtaining a particular public supply, public service orpublic 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 theDepartment of Contracts or the contracting authority involved as the case may be. Such anotice of objection shall only be valid if accompanied by a deposit equivalent to one per centof the estimated tender value, provided that in no case shall the deposit be less than 450 ormore than 58,000. The Head of a contracting authority shall immediately notify the Directorthat an objection had been filed with his authority thereby immediately suspending the awardprocedure.

The Department of contracts or the contracting authority involved, as the case may be, shallbe precluded from concluding the contract during the period of ten calendar days allowed forthe submission of appeals. The award process shall be completely suspended if an appeal iseventually submitted.

(2) The procedure to be followed in submitting and determining complaints as well as theconditions under which such complaints may be filed shall be the following:

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(a) Any decision by the General Contracts Committee (or a Special Contracts Committee) andby a contracting authority, shall be made public at the Department of Contracts or at the officeof 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 madepublic 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 interestinvolved in the call for tenders may register an interest in the proceedings. The registration ofinterest shall only be valid if accompanied by a deposit amounting to the deposit paid undersub regulation (1). The tenderer who had been indicated in the adjudication decision of theDirector or the contracting authority as the one to whom the contract was to be awarded, shallbe deemed to have registered an interest but does not need to pay a deposit.(d) The names of the tenderers or other person having or having had an interest in obtaininga particular public contract who register an interest shall be made public on the first workingday 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 aninterest, the tenderer filing the notice of objection shall send a reasoned letter of objectionexplaining 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 aregistered interest.(f) (i) Within five working days from the publication of the letter of objection, any tenderer whohad 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 copiesthat 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 registeredinterest 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 thecontracting authority shall prepare a report (the Analysis Report) analysing the letter ofobjection and the replies thereto. This report shall be circulated to the persons who file anobjection 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 alldocumentation 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 theChairman 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 ofthe 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 thecontracting 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 contractsawarded by Authorities listed in Schedule 1 whose value exceeds 47,000.

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VOLUME 1

SECTION 2:TENDER FORM

APPENDIX TO THE TENDER

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CONSTRUCTION OF A SUBMARINE OUTFALL AT TA BARKAT L/O XGHAJRA

TENDER FORM

To be inserted in envelope 3

Publication reference: CT 2017/2009

Title of contract: CONSTRUCTION OF A SUBMARINE OUTFALL AT TA BARKAT L/OXGHAJRA

A: .

1 SUBMITTED BY

Name(s) of tenderer(s) Nationality

Leader

Partner 2*

Etc *

* add/delete additional lines for partners as appropriate. Note that a subcontractor isnot considered to be a partner for the purposes of this tender procedure. If this tenderis being submitted by an individual tenderer, the name of the tenderer should beentered as 'leader' (and all other lines should be deleted)

2 CONTACT PERSON (for this tender)

Name

Address

Telephone

Fax

E-mail

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To be inserted in envelope 3

3 TENDERER'S DECLARATION(S)

To be completed and signed by the tenderer (including each partner in a

consortium).

In response to your letter of invitation to tender for the above contract,

we, the undersigned, hereby declare that:

1 We have examined and accept in full the content of the dossier for invitation to tenderNo [.] of [../../..]. We hereby accept its provisions in theirentirety, without reservation or restriction.

2 We offer to execute, in accordance with the terms of the tender dossier and theconditions and time limits laid down, without reserve or restriction, the following works:

[description of works]

3 The price of our tender [excluding the discounts described under point 4] is:

[..]

4 We will grant a discount of [%], or [..]

5 This tender is valid for a period of 150 days from the final date for submission oftenders, i.e. until 6

thNovember 2009].

6 If our tender is accepted, we undertake to provide a performance guarantee of 10% ofthe contract value as required by Article 13 of the General Conditions.

7 Our firm/company [and our subcontractors] has/have the following nationality:[]

8 We are making this application in our own right and [as partner in the consortiumledby < name of the leader / ourselves > ]* for this tender . We confirm that we are nottendering for the same contract in any other form. [We confirm, as a partner in theconsortium, that all partners are jointly and severally liable by law for the performanceof the contract, that the lead partner is authorised to bind, and receive instructions forand on behalf of, each member, and that all partners in the joint venture/consortium are

bound to remain in the joint venture/consortium for the entire period of the contract'sperformance].

9 We are not in any of the situations excluding us from participating in contracts whichare listed in Clause 3 of the instructions to tenderers.

10 We agree to abide by the ethics clauses in Clause 35 of the instructions to tenderersand, in particular, have no potential conflict of interests or any relation with othercandidates or other parties in the tender procedure at the time of the submission of thisapplication. We have no interest of any nature whatsoever in any other tender in thisprocedure.

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11 We will inform the Contracting Authority immediately if there is any change in the abovecircumstances at any stage during the implementation of the contract. We also fullyrecognise and accept that any inaccurate or incomplete information deliberatelyprovided in this application may result in our exclusion from this and other contractsfunded by the Government of Malta and the European Communities.

12 We note that the Contracting Authority is not bound to proceed with this invitation totender and that it reserves the right to award only part of the contract. It will incur noliability towards us should it do so.

Name and first name: []

Duly authorised to sign this tender on behalf of:[ ]

Signature: [..]

Place and date: [..]

Stamp of the firm/company:

This tender includes the following annexes:

[Numbered list of annexes with titles]

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APPENDIX TO TENDER FOR DESIGN AND BUILD CONTRACT

Publication reference: CT2017/2009

Title of contract: CONSTRUCTION OF A SUBMARINE OUTFALL AT TA BARKAT L/OXGHAJRA

(Note: Tenderers are required to fill in the blank spaces in this Appendix. Sub-Clauses as perGeneral Conditions).)

SubClause

Employers name and address 1.1.2.2&

1.3

Chief Executive OfficerWater Services CorporationQormi RoadLuqa, LQA 9043MaltaTel: (00356) 21249851 - 7Fax: (00356) 21223016

Central Government Authority Department of Contracts on behalf of theWater Services CorporationNotre Dame RavelinFloriana VLT 2000MALTATel: (+356) 21220212, 21220313Fax: (+356) 21247681

Contractors name and address 1.1.2.3&

1.3

(to be inserted by tenderer)

Engineers name and address 1.1.2.4&

1.3

Project EngineerWastewater OperationsWater Services Corporation,

Qormi Road, Luqa LQA 9043,Malta

Tel: (00356) 21249851 - 7Fax: (00356) 21223016

Project Management name and address 1.1.2.12 As nominated by the Employer

Time for Completion of the Works 1.1.3.3 160 days

Defects Notification Period 1.1.3.7 365 days

Electronic transmission systems 1.3 Facsimile and E-mail

Governing Law 1.4 Law of Malta

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Ruling language 1.4 English

Language for communications 1.4 English

Time for access to the Site 2.1 the date on which the Contractor signs

the Contract Agreement and returns it tothe Employer, which shall be not laterthan 7 days from the date on which theContractor receives the Contract signedby the Employer

Amount of performance security 4.2 10 % of the Design & Build ContractPrice

Period for notifying unforeseeable errors,faults and defects in the EmployersRequirements 5.1

60 days

Normal working hours 6.5 As permitted by Maltese Law

Delay damages for the Works 8.7 i) 0.02% per day of thecontract amount for a 45days period starting fromthe Milestone 2 date;

ii) 0.05% per day of thecontract amount for a 30day period from themilestone 3 date.

iii) 0.25% per day of thecontract price from the

milestone 4 datethereafter.

Maximum amount of delay damages 8.7 10 % of the final Contract Price

Maximum rate for overhead charges andprofit

Price adjustment formulae

13.5.b.ii

13.8

5%

Not applicable.

Total advance payment 14.2 10%

Number and timing of instalments 14.2 Not Applicable

Currencies and proportions 14.2 Wholly in EURO

Percentage of retention 14.3 5%

Limit of Retention Money 14.3 5 % of the Accepted Contract Price

Minimum amount of Interim PaymentCertificates 14.6 350,000

Periods for submission of insurance:a) evidence of insurance 18.1 14 days

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Signature __________________________________________

Capacity _____________________________________

duly authorised to sign for and on behalf of _______________________________________

b) relevant policies 18.1 28 days

Maximum amount of deductibles forInsurance of the Employers risks 18.2 (d) Not applicable

Minimum amount of third party insurance 18.3 2,500,000per occurrence with number

of occurrences unlimited

Minimum amount of insurance forpersonnel:a) in case of deathb) in case of injuries

18.4

a) 275,000 per occurrence withnumber of occurrences unlimited

b) 250,000 per occurrence withnumber of occurrences unlimited

Arbitration rules 20Chapter 387 of the Laws of Malta MaltaArbitration Centre

Number of arbitrators 20 3

Language of arbitration 20 English

Place of arbitration 20 Valletta, Malta

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BID BOND

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

Whereas the Director of Contracts has invited tenders for

___________________________________________________________________

_________

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 XXXXXXXXXXXXXXXX Euro (Euro XX,XXX) in case the Tenderer

withdraws his tender before the expiry date or in the case the Tenderer fails toprovide 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 ______________________, 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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VOLUME 1

SECTION 4 :QUESTIONNAIRE

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VOLUME 1

SECTION 4

QUESTIONNAIRE

CONTENTS

ADDITIONAL NOTICE TO TENDERERS

FORM 4.1 GENERAL INFORMATION ABOUT THE TENDERER

FORM 4.2 ORGANISATION CHART

FORM 4.3 POWER OF ATTORNEY

FORM 4.4 FINANCIAL STATEMENT

FORM 4.5 FINANCIAL IDENTIFICATION FORM

FORM 4.6 TECHNICAL CAPACITY

4.6.1 PERSONNEL

4.6.2 PLANT

4.6.3 WORKPLAN AND PROGRAMME

4.6.4 EXPERIENCE AS CONTRACTOR

4.6.5 INFORMATION ON JOINT VENTURES

4.6.6 SUB-CONTRACTING

4.6.7 QUALITY ASSURANCE SYSTEM(S)

4.6.8 SITE OFFICE ARRANGEMENTS

4.6.9 LITIGATION HISTORY

4.6.10 DETAILS OF BIDDER

4.6.11 DECLARATION RE- EXCLUSION CRITERIA

4.6.12 ARCHITECT/ ENGINEERS NOMINATION FORM

4.6.13 FURTHER INFORMATION

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SECTION 4

ADDITIONAL NOTICE TO TENDERERS

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

2. Additional sheets may be attached as necessary.

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

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

corner.

5. Financial data and declarations presented by the tenderer must be given in Euro ornational currency. Original bank statements may be also attached for reference.

6. Attached documentation/certificates must always be accompanied by a relevant translationin the language of the procedure.

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

8. Firms applying as a joint venture/consortium must also complete Form 4.5.5 concerningjoint ventures/consortia.

9. The person signing this questionnaire guarantees the truthfulness and accuracy of all thestatements made.

10. The accuracy of the answers to the questionnaire, their completeness and the attacheddocumentation will be taken into account in the tender evaluation. The attention of tenderersis also drawn to the fact that the absence of some data may cause their non-compliance inthe related item of evaluation.

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SECTION 4

FORM 4.1GENERAL INFORMATION ABOUT THE TENDERER

4.1.1. Name of company

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

......................................................................................................................4.1.2. Registered address

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

......................................................................................................................Telephone .............................. Fax...................... Telex .........E-mail............

4.1.3. Names and nationalities of principals/directors andassociates....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

4.1.4. Type of company (natural person, partnership, corporation,etc.).............................................................................................................

4.1.5. Description of company (e.g. general civil engineering contractor)

4.1.6. Company's nationality ...........................................................

4.1.7. Number of years experience as contractor

- in own country.......................

- internationally ......................4.1.8. Registration details

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

.............................................Please attach copy of the registration certificate

4.1.9. Equity in the company

Shares (%)........................................................................................................................................................................................................................

4.1.10. Name(s) and address(es) of companies involved in the project and whetherparent/subsidiary/subcontractor/other:..............................................................................................................................................................................................................................................................................................................................

4.1.11. If the company is a subsidiary, what involvement, if any, will the parent company have

in the project?

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

4.1.12. Foreign companies must state whether they are established in the state of the

Contracting Authority in accordance with applicable regulations (for informationonly)

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

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

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

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SECTION 4

FORM 4.2ORGANISATION CHART

Please give details here below of the organisation chart of your company, showing theposition of directors, key personnel and functions.

Signature ...........................................................


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

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SECTION 4

FORM 4.3POWER OF ATTORNEY

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

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


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

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SECTION 4

FORM 4.4FINANCIAL STATEMENT

Please provide all of the information required by this form in Euro or national currency (NC)equivalent.

4.4.1 Basic capital

Amount.................................... Euro

Currency.................................. Euro

Authorised............................... Euro

Issued...................................... Euro

4.4.2 Annual value of construction work undertaken for each of the last three years,

and projected for the next two years

Euro or NC 2006 2007 2008 Current2009

2010 2011

At home

Abroad

Total

4.4.3 Approximate value of works in hand (at home and abroad)............................................ (Euro or national currency)

4.4.4 Please attach copies of the company's last 3 years of certified statements of account

(with translations into the language of the procedure if necessary) from which thefollowing basic data will be abstracted; and provide the same information projectedforward for the next two years.

Euro or NC 2006 2007 2008 Current2009

2010 2011

1.Total assets

2.Total liabilities

Net Value (1 minus 2)

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

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

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

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

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

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

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

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

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

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

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

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

3.Liquid assets

4.Short-term debts

Working capital (3 minus

4)

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

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

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

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

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

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

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

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

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

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

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

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

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5.Pre-tax profits

6.Losses

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

....

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

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

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

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

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

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

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

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

4.4.5 Name and address of banks (principal/others):

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

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

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

4.4.6 Please enclose a reference/certificate about the financial situation of the company

and its access to credit facilities (maximum amount of credit facility to be stated inEuro or NC equivalent)

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


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

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VOLUME 1

SECTION 4

FORM 4.5FINANCIAL IDENTIFICATION FORM

ACCOUNT HOLDERNAME

ADDRESS

TOWN/CITY

POST CODE CONTACT

TELEPHONE FAX E-MAIL VAT NUMBER

BANKNAME

ADDRESS

TOWN/CITY

POST CODE COUNTRY

BANK ACCOUNT IBAN (optional)

REMARKS:

BANK STAMP+SIGNATURE of BANKREPRESENTATIVE (Both Obligatory)

DATE + SIGNATURE of ACCOUNT HOLDER:(Obligatory)

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SECTION 4

FORMS 4.6.1 TO 4.6.8TECHNICAL CAPACITY

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FORM 4.6.1.1OVERVIEW OF THE TENDERER'S PERSONNEL

i - Overview

a - Directors and management ........................

b - Administrative staff ........................

c - Technical staff

- Engineers ........................

- Surveyors

- Foremen ........................

- Mechanics

- Technicians ........................

- Machine operators

- Drivers ........................

- Other skilled staff

- Labourers and unskilled staff ........................

________________________________________________

Total ===========

ii - Site operatives to be employed on the contract (if relevant)

a - Site management ........................

b - Administrative staff ........................

c - Technical staff

- Engineers ........................

- Surveyors

- Foremen ........................

- Mechanics

- Technicians ........................

- Machine operators- Drivers ........................

- Other skilled staff

- Labourers and unskilled staff ........................

_______________________________________________

Total ===========

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

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

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SECTION 4

FORM 4.6.1.2KEY PERSONNEL TO BE EMPLOYED ON THE CONTRACT

Position/Name Nationality Age Education Years of experience(with the company/in

construction)

Major worksfor which

responsible(project/value)

Project Manager(ContractorsRepresentative) /

Civil Engineer

(Site Manager)/

Dredging Master

/

ConstructionBarge Master

/

Afloat Crew

/

Divers

/

. Perit (Warranted

Architect and Civil

Engineer) /

Other

/

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

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

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FORM 4.6.1.3PROFESSIONAL EXPERIENCE OF KEY PERSONNEL

CURRICULUM VITAE(Maximum 3 pages + 3 pages of annexes)

[Note: This form should only be used in exceptional cases. For works contracts, it is normallynot necessary or appropriate to go into this level of detail.]

Proposed position in the contract:

1. Surname:2. Name:

3. Date and place of birth:4. Nationality:5. Civil status:

Address (phone/fax/e-mail):6. Education:

Institutions:

Date:From (month/year)To (month/year)

Degree:

7. Language skills(On a scale of 1 to 5, with 5 being the highest):

Language Level Passive Spoken Written

Mother tongue

8. Membership of professional bodies:9. Other skills (e.g. computer literacy, etc.):10. Present position:

11. Years of professional experience:12. Key qualifications:13. Specific experience in non-industrialised countries:

Country Date: from (month/year) to(month/year)

Name and brief description of theproject

14. Professional experience:Date: from (month/year) to (month/year)

PlaceCompany/organisationPosition

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Job description

15. Others:15a. Publications and seminars:15b. References:

Signature ......................

CT_A_013_2009 (CT2017_2009) TENDER (2)

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