06354
Transcription
06354
IT-TNAX-IL LEĠIŻLATURA P.L. 6354 Dokument imqiegħed fuq il-Mejda tal-Kamra tad-Deputati fis-Seduta Numru 344 tat-13 ta’ Jannar 2016 mis-Segretarju Parlamentari għall-Ippjanar u Simplifikazzjoni Amministrattiva. _______________________________ Raymond Scicluna Skrivan tal-Kamra 15 Att No. 84 EnfitT. Ins '•. ,.' Vol.1 . ', ~ lt-tlieta (3) t' Oft'-!bru taslsena effejn u tnejn (4Q02). : l~} . -~ . ,, 0~ • J' ,• J Quddieml Dotter Vincent Miceli, Nuta~ Pubbllku Malt! fid-Dipartiment tai-Artijiet deheru person~:~~melj( J:\ekk ', kif ldentifikaw ruhhom bid-dokumentl· tat.t.lmserf'ilnija; . ;·:·~· Albert Mamo, bin Anthony u Rose n~:e' Paci'J.'$leled Sliema u joqghod Swleqi, Karla ta1-1.0~9'tita' 37151(M), Kummissarju ta!-Artljlet, kif awtori;&atbiex jldher fuq dan il-kuntratt flsem U-Gvem ta' Malia 'bissahha ta' minuta li gglb ld-data tas-seba ta' Frar tassena elf disa mija· tnejn u slttfn fuq karti n;~markatl · "Secretariat• numru mitejn wlehed u erbghin tal-lstess sena 1962, kartlretattlvi ghar dan 1-att huma mmarkati Land numru m~~ . tJ:n!enja u lletin zbam:it Uieta u tmenln, hawn tahl ,lmseUah bhala '11-Gvem' kif debltament awtciriuat, . :1 '; \ "''.'}. j J .. .~,( ·' ' Alfred Veil~, president, bin il-meyet Anthnpy u ·li'~aria nee' Vella, ~ieled u joqghod Mellieh;., II gharii:iiJ 1karta tal-lderitita' 386045(M) u Saviour Ab!!l~ub Secretary, bin Anthony u Cal'l,1lelina nee'~al, twieled u joqghod Mellieha u li ghandl,l 1:Ka'n~: talJdentita' 429855(M) li qleghdin jidhru fuq dcih :1-att fisem u ghan-nom ta' "Mellleha Sports Club'', hekkkif debitament awtorizzati skond doktimenf ·hawn annes5 u markat bl-ittra "A" hawn taht imsejha· bhal "il-club" Mlnnl Nutar ldentifikati ufficcjali ~ lndikatl. permezz tad-!iokumenti -,;'· M~lta lt~~d Bis-sahha ta' dan 1-att, ii-Gvem Ia' jaghti b'titofu ta' enfitawsi temporanja :_:;,arpFfl~ij~'· ' disgha u erbghln (49) sena b'effett mil-14,trj:< 111W q jmsemmi "club" li bl-istes~ tllolu qieghed: u jakkwlsta bicca art adjacenti mal-ground.ta,!~~~all fi Triq iJ.Qasam Barranl, 1-Mellleha !lema art hija 'tal-keJI ta' circa ta' elf sebgha mlja u hmistax metri Jti,vadri u tmiss mill-majistral ma' Triq · Qasam Barrani; . millgrigal ma' Triq Viocenzo .ciappara u mill-lbic IT}a' Triq 'H-Modo, jew irjieh verjuri. jacc.a:. , '1 ,J n ''' u ... .. ...,.. L-immobbll hawn fuq deskritta hija murij<!'J~J~ordura hanira u kif identifikata fuq Pjanta u SUiiJl8y Sheet . inserita, immarkata Property Division nurhrtt; mija sitta · u ghoxrin 'underscore' effejn u wiehed (PD1.Z6_2001) u mmarkata dokument ittra ' ... ' ' Din n:koncessjo~i ·enfitewtika qeghda ·sslr u tigi accettata. bil-kondizzjonijiet u pattijiet li gellln ' u cioe' :- 'I. d ·x·. '1 ''- I ... ,. 1. Versu c-cens annwu u temporanju ta' erbgha mitt Ura Maltija (Lm400) li jiltlalla<s kull sena bilquddiem. F'gheloq· kull perljodu-trii ham~s (5) snin dan 1-ammont ta' ,cans jlgl rivedut gh,a\'.ziel;la ta' ghaxra fil-mija (10%) tac-cens ezlstentl' meta ssir ir-revizjoni, blex b'hekk le-<:ens II jithai,ghal kull J T ''' 'J_......... ' ......... h•mu (I) •I'll" Wlll'll 111111 l'llllllUiilnl, ·)J hekk rivedut. 1-n• ' . .,:' ' 2. L-imsemmi. perjodu ta' cans jista'. jlgi-' pprorogat miii-Gvern .favur II-"club" fl..gheluq tteQhu- gha!lperijodl ohra tal-istess durata. ' j., ' """] J J • ) ' " ·"! .J . .' '1 • r. :>1 I J 'it • <' r •' 5. L-enfitewta ghandu 1-obbligu II jzomm ii..Proprjeta' fi stat talleb ta' manutenzjonl u )aghintll· .dawk ixxoghlijiet u t-tiswijiet ordinatii u straoidi~a~i ~ollha necessarji ghal dan· il-ghan, u dana ·minghajr ebda dritt ta' rim~rs jew kumpens. '- Aj i.:;,J . • 4. 11-Gvem, permezz tai-Kunsill Ma~-all-lsport ghandu d-dtnir li jara li 1-kondizzjo · _., ,kollha ta' dan 1-att jigu osservati mill-enfitewta. ·• : I I 3. 11-hlas tac-cens Jitqleghed miii-KummissaJju taiArtijiet ossija Ufflqal govemattiv reSj)onsabbli millgbir tal-hlas tao-ci:ms, fl zmien xa1orejn r:ninn meta dan jjthallas, ffond lmsellah •sp;:,rts F,!,llld" li jkun amminlstrat miii-Kun~lll Matti ghall-lsl?~:: "-c . ' ::-,_,. 6. Kemm-il darba ii-Gvem jezt?~ita · ~-dritt talesproprijazzjoni skond ligijl~t vlg!!l~l~uwa jkun obbligat biss li )hallas kumpens· gnan::_ispeMes II jkunu saru fuq 1-art esproprijata. · .• ~~~·.-:. A'" t,, I - 7. Fl-ghe!uq tal-koncesssjoni enfit~kl(l'., uljew xoljiment/terminazzjoni · ta' 1-enfitel(i'si, 1-istess xoghlijiet jew kwalunkwe benel'ikati . jew miljoramaneti maghmulin isiru "ipso . fa~o·. taiGvem u 1-enfitewta rna ghandu fl-ebda'zmien, dritt ., ,, ,-;t j J ta' nJ 8. n.I kwalunkwe kumpens •• ghal kwaikwe ;;;:;~;~;;;;:~~ til'~l{ef tinfetah gl)all-uzu tat-tfal ta: 1-lskola; bJa ghal servi.Zzi prpvduti ta' tindif u slgurta. \l,ekk ma jkunx hemrri ,qbil dwar dan il-ftehim, _il-kwistjonl trn~r quddiem il-Kunsill Malti ghall-lsport u ddecizjonl tieghu tkon finali . ... 9. 11-Ministru jew . ' ·Segretarju Parlamentari responsabbli miJI-Isport ghandu jibchlit kopja tafkuntratt bil-kondizzjonijiet kollha · miftehma,al"club" liii-Kunsill Lokali fejn tinsab il-prq . ta' t sti rlt ..... responsabbll}:~ 10.1:cl:bs:· huma dlrettarnent iiKunsill Maiti. ghaii-Jsport li jirraprezenta llll~~~tru jew is-Segi:etarjl,l Parlamentari respons~gpl(raill lsport. Ghal dan 11-ghan kLill persuna ln!iarigaia miiJ..Kunsill Malti ghalf-lsport ghandu jithalla jidhol biex jaghmel; rkaz .. ta' bzonn, speZzjoni talfacllltajlet _sportivi ~$Ia 1-proprjeta tras(e1:1ta .. "" . . ' ' ~' ' 11.11-Gvem u 1-Kunsill Lokali ~rrnfo'lz;~ tai-Minlstru responsabbii mil!-lsport· ikollhom d-!-fritt li jaghmlu uzu b'xejn mill-facilitaj(et sportivi' tal-club an.·aallll-perjodu ta' gimgl)atejn b'kollox fis~sena ~ gimghatejn mhux bil-fors li jkunu konsekkuttiy~flrid jinghata pre-_awiz ta' mill-anqas xahar !ill-·~ ·• u d-dati jkunu .fflssati rkonsultazzjon) m.~' b" koncernat Jekk me jkunx hemm qbjf dw~~_cfil"n ilftehim, il-kwisfioni tmur quddiem it-Kunsjll . Malti ghall-lsport u d-decizjoni tieghu tkun finali. ·· · . ::' ·: ... '1 . ·. J ' -· ·, :.:; .,.. •• ' J ·!: 12.FI-uzu tal-fucllitajiet sportjVi tal-"club" m'ghandux ikun hemm diskrlm,inazzjonl minhabba kulur, razza, rellgjon, politik;:l j~w sass. ' n . : "f' ; 13. L-uzu tal-facilitajiet sportivi · ghq_nd u ~un esklussivament ghall-~sport. li jista' jinkludi ini gh~ll-amministrazzjoni sportiva, 'gymnas· . s', 'sport clinics', u .facilltajiet ohra ghal min juz~w jiffrekwenta ·l,iln ·U-prop~eta, izda mux tali .1~ el in-natura principal! tal~kumpless sportiv. .t':~· ·'·"'< ,.. I •' .. '' il'-L• . 'l j 14.'11-"club" ma jistax. icedi, jiGSulloka jew bi . k..yalunkwe · titolu · lehor jitrasferixx)jil-proprjeta enfltewtika Ill terzi persuni jew jid"C,J.:if! shubija dwar it-tmexxija tal-prop~eta' imsemr;91~· jew ta' xi parti. minnu, (hlief ghal xl facil~~~~ l~l;lar jew catering . u servizzi ohra, basta ·; nbf!:Jilx innatura P.riQcipall tal-kumpfess sportiv, ·~lf.~tiP,.!Jiat filklawsola tlettax (13) Ia' dan 1-att} minghajr 1. approvazzjonl tai-Kamra tar-Rapprez13ntanti .. -~-t J ] 1 ;,j ' . ,.' .... '1 11-"dub" ghandu 1-jedd li jigbor mizati · xierqa u ragjonevoll g~al uzu temporanju ta!-~cilitajlet li jinstabu fl-art enfitewtika. 11-K~nsifl· :Malti · ghalllsport ghandu 1-jedd li jara li din il:rxJtZata ·Iii wahda ·· ..•·,' ··· xierqa u ragjonevoli. J '1 J.--- 1 ) ~ "' 'l ' ~J '" ' ' ' • e.n.ttalub~ si'landu jkun aftlljat ma,J-.1;\lts~ Federazzjoni Nazzjonali kif ukoll Kunsill Malti ghal-lspo~. 11-Ciub jghati fiii-Kunsilf ta' 1-lsport kopja tal-membri tal-kumltat u jibghat 11-"club" hiJW(I obbligat ukollli 1-lsport bl kwalunkwe tibdilli jkun sar tHSitBUJ.t. i, '· ' 16. II-"club" ghandu jaghmel polza tas-sigtt!W dwar riskji ghaf terzi persuni u kontni 1-hsarat flimsemmija proprjeta'. , :<" ·, 'l j 17.Jekk il-"club" ixolji )e!N jekk ik"un wa.qa[ rnill-attiVita sportiva tieghu, .it-titolu fucj propljeta' · lura jintemm "Ipso lure" u . U-proprjeta' ghand il-Gvem immedjalament /I· benefikati kollha fi jkunu sehhu stabbilit jekk ."club" xoljlex jew sportiva tieghu · ghandu jl(tiehed n.n.Anr rilir1ghand ii-Kunsill Malti ghaf-lsport, wara koitslliftii:!:zjoni mai-Ghaqda Sportive ikkoncemata. 18.11-Gvem 'ghandu' dritt ·li jhassar u·;ix~iJi :cuna 1enfitewsi temporanja fil-kazijiet li geHin;:. · UZLf-. differe~ti mirin dak stipulat ·· aktar il·fuq; · · ii. jekk 1-enfitewta jokkupa inkluza fdina 1-kcJnces!;jor iii jekk l-enfitewta jtemm i. jekk isir tieght,J ; [ . " . ' /9 iv. jekk 1-enfitewta.jdnqos ll jhal!llll ic-cens ghal .. tlett snin j~w ikUfl morus fi tllas ta' II jammontaw daqs !lett snin cens. ' · ,.., •j '! Li ''if 19.11-Gvem izonim jiniserva hlas) li ·jikkostltwixxi fuq 1-art """"'"'"' tieghu favor ta' terzi, , !i jaghm!'ll · jaY!,. jerigi stallazzjonljiet .: ,; . )sta jinkludi ukoll ~antennas'. . ·'' ;. · . F'l ll :jew u ] . ' ' . . 20. L-immobbll. ·· b'dan 1-att konces~ qieghed jinghata .. bh~la ·· estensjoni ta facilitajiet ezistentl: · ': ·. · · t ••• ! ' ..' '\ 21 .. L-enfitewta huwa responsabt?li·jaghmel !afieb u jzomm lill-(3vem .. hieles minn azzjoni, procieduri u· I!1lb~~t mraalhmrulaJ l-Ist~ •.. Gvem, . u spejjez, hlasijiet u ·obtillgarzzjcJnijiet jsofri 1-G.vem direttament jew. rna' dai;l'.jC.Pims hums ·a kariku u, ·jaghmeJ,.~#~b ghalihom 1:-enfitewta. ..- . : . . ' . 1. 22.Kwalun~(i:l. 1!alba, kontrovereja. Jew· til~m li · l .J johorgu ;fuinn, j~w. II ghandhom x'j~gsml) ma' dan il-kuntratt jew inke.lla ksur, iHmi\':lin jew 1invalidita' ~· 1-istess ~untratt ghanelhom jigu decizi b'arbitragg'·skond ir-regcilf &~' Centru dWar 1-Arbitragg ta' · Malta kif· ·il~un in forza fd:~ ;:::·ikun mahtur arbit~ wiet)j/t\~ · 2. L~arbitragg isir fMalta u 1-proced ' . iru bl-lsien Matti. ;• 3. U-IJgi li.tappflka hila 1-Ligi Ma!tija .. '·!.~ q J 1 J :1~- LJ l •'• Bhala garanzjja tal-hlas tal~imsemml cens . annwu u temporanju 'U ta' J~sekuzzjoni ta' 1-obbligi f.;ohra li johorgu minn dan l~att, 11-"club" qleghe(j jipoteka favur ii-Gvern ta' Mftlla 1-beni kol!hi¥: tieghu in generali prezenti u futuri oltre lpote~-it: ~pecjali u iiPrivilegg Specjali skond il-ligi fuq il-proprjeta bl~an 1-att trasferita. , ·I ' ·· u -'. Dokl!:• . ~ ti. Ghall-flni . tai-Att dwar Taxxa fuq . qleghed jigi dikjarat li l-i!bda taxxa fuq d~L . ~:1,.~ ., .••'1• •: . tt .' ' -.. m'hi dovuta · hekk kif jidher mill-ann!'SS dokument markat bl-ittra •z•: · ld-drittijiet u 1-ispellez ta' dan il-kuntratt g~ndhom jithallsu mill-enfitewta. .li.f, ., .. enfitewti~a /~,.:~~lr Din il-koncessjoni qeda blapprovazzjoni tai-Kamra tar-Rapprez~ • .~ti tasseduta numru mitejn u wlehed u tmenu'i· .,as-sena korrenti. ·: : 1 Dan il-kuntratt in'hu bl-ebda mod jahfer u I jew jippregudika d-drltt tai-Gvem ghal kwalunkew ammont dovut lilu sallum minhabba i-okkupazzjoni · ta' 1-istess proprjeta'. l-lmmobbll b'dan fRegistraion Area. ' . 1-att ·. koncess ........jlnstab,., ·· " w ·~ Dan 1-att gie rnaghmu! moqrt· u ppubbliklM\wara !i jien Nutar hawn taht iffirmat fissirt t"~ fih 1111partijiet skond ii-Ligl fl-ufficju bla , · "ru, fiiBavlera, Saint Sebastian Street, Valletta'l · alta. . .f dl, '1 J I . Ft:- I Alfred Vella Saviour Abela Albert Mama Vincel)t Miceli . Nutar Pubbliku Malti fid-Dipa1timent tai-Artijiet. ,, ,, . ··~:i·i 1 ' . .. " I: ,J I Ii iI i I: I II iI '. '' :L~~~~-·· ;I ,,'r===::c=~ I : ,, L <J 0 Q \-; I I I, /i ji : I,L~ ,...L;r-~ >./ Copy of Original Decision Notice Date: 08 Aug 2011 Our Ref: PN05772J09 Mr Sunny Abela Mellieha Sports Complex Triq Vincenzo Ciappara Mellieha Application Number: Application Type: Date Received: Approved Documents: PN05772/09 Full development permission • 22 December 2009 PA 5772109/45N36N1 D/1 E/1 F; Accessibility Audn Report PA 5772/09/40A Fire Safety and Ventilation, Fumes/Smells Emissions Report PA 5772/09/22A Location: Melfleha Sports Club, Triq II- Modd c/w, Triq Vincenzo Ciappara, Mel/ieha Construction of phase 2 & 3 and alterations to phase 1. Proposal: Environment and Development Planning Act, 2010 Full Development Permission The Malta Environment & Planning Authority hereby grants development permission in accordance with the application and documents described above, subject to the following conditions: 1 ) a) This development permission is valid for a period of FIVE YEARS from the date of this notice but will cease to be valid if the development is not completed by the end of this validity period. b) This permission relates only to the development as specifically Indicated on the approved drawings. This permission does not sanction any other illegal development that may exist on the site. c) Copies of all approved drawings and documents shall be available for inspection on site by MEPA staff at all reasonable times. All works shall be carried out strictly in accordance with the approved drawings, documents and conditions of this permission. Where a matter is not specified, then the conditions of this permission and of Development Control Policy and Design Guidance shall take precedence and shall modify the drawings and documents accordingly. d) Where applicable, all building works shall be erected in accordance with the official aflgnment and official/existing finished road levels as set out on site by MEPA's Land Surveyor. The Setting Out Request Notice must be submitted to the Land Survey Unit of MEPA when the setting out of the alignment and levels is required. PA/05772/09 Print Date: 08/08/2011 MAlTA ENVIRONMENT & PlANNING AUTHORITY L-AWTOf\!TA" TA' MALTA DWAR l·AMBlENT 1,1 L·IPPJANM P.O. BOX 200, MA.RSA MRS 1000, MALiA TEL: (+3$6) 2290 0000• FAX: (+356) 2200 2295 lrttp:!fwww.mep.!.0/9,mt • r:m•il: enqtJiriesCm~tpa.org.mt \ Mr Sunny Abela Mellieha Sports Complex Triq Vincenzo Ciappara Mellieha Date: 29 August 2013 Our Ref: PN05772/09 Dear Sir/Madam Application Number: Application Type: Location: PN05772/09 Request for minor amendments to permission Mellieha Sports Club, Triq II- Modd c/W, Triq Vincenzo Ciappara, Mellieha Minor Amendment to Permission PA/05772109 in terms of regulation 12 of Legal Notice 514 of 2010 Reference is made to the request for minor amendments, to the above quoted development permission, submitted on 3 August 2013. '"' The changes you propose are acceptable as a minor amendment to the development permission. The following drawings/documents are being endorsed: ' PA 5772/09/MN86N86B/86C. This endorsement relates only to the changes described in your application form and specifically indicated on the drawings/documents. Any other changes from the original permission, which may be shown on the drawings/documents but which are not referred to In your application form, are not endorsed or accepted. Consequently, this endorsement (including sanitary approval) is only for the proposed development as specifically Indicated and does not cover any other development or sanctions any illegal development which may exist on site, even if shown on the drawings/documents, Please note that the conditions and amendments in the original permission remain valid and are therefore applicable to the development as amended, including the condition on the validity period of the permission. The other provisions of regulation 12 of Legal Notice 514 of 2010 also apply. Yours faithfully u' Male m Ferriggi B. Plan. for 01rector of Planning cc: Censu Galea [PAMinAmAccApplicant) MALtA ENVJkONMErlT & Pl.ANNING AUTHORITY l·AIHTORITA'TA' MAtTA DWAA l·AMBJEffl' U l·IPI'JANA.R P.O~fi.OX 200, MARSA MRS 1000. MALTA TEL:(+356) 2290 0000 • FAX: (+355) 2290 2295 http:.lfwww.m~pu~rg"mt • l!mJ~It; enql.f!ri&SC"mi!!pa .org .rnt ,, '' '·-' , •. , MELLIEHA SPORTS CLUB \ j' "' Triq Vlncenzo Clappara, Melllaha MLH 1801 Malta. Tel; 2152 3583 ~ \' u email: secretary@metllehasportsclub.org www.melllehasportsclub.org 23 July 2015 ) Request for Proposal -:·· MEDE 369/2015 1hereby declare that the space offered in Request for Proposal mentioned above will be available free and unencumbered from 15 September 2015 to 30 June 2016. i" I Ifred Vella President MELLIEtiA SPORTS CLUB -, Trlq Vlncenzo Clappara, Mellleha MLH 1a01 Malta. Tel: 2152 3583 ll email: aecretary@melllehasportsclub.org www.melllehasportsclub.org = J)oc.. J) Extract of Minutes of Committee meeting At a meeting of the Committee of Mellleha Sports Club held at the Club premises on Wednesday 22 July 2015, the committee unanimously agreed to appoint the President, Alfred Vella, to sign documentation relating to Request for Proposal MEDE 369/2015. . ' i' Sunny Abela Secretary l'-...J II ) MELLIEHA SPORTS CLUB Vlncenzo Ciappara, Meilleha 1801 Malta. 2152 Trfq MLH Tel: 3583 email' socroblry@molllo~asportuclub.org www.molllehasportsclub.org OR!G/1\.JAL ..... Request for Proposals for the Identification of Suitable Premises to serve as Temporary Classrooms in the Mellieha I St Pauls Bay Area for a period of one year Dept Ref: 13 MEDE 369/2015 Content of Request for Proposals Building name and Address Mellieha Sports Complex Locality Mellieha Proof of ownership Copy of Contract attached (Doc A) Total number of areas avall able and their total square meterage 6 rooms total of 160 square meters Building plan certified by warranted Architect To follow if proposal is successful Certification by a warranted architect that the building offered is structurally safe To follow if proposal is successful Certification by the Health Authorities that the space offered 13 fit for habitation '> ~ n u . ' Copy attached- Sanita Approved (Doc B) Declaration that space will be available free and unencumbered from lS September 2015 to 30 June 2016 Declaration attached (Doc C) Copy of MEPA Final Compliance Certificate Unavailable as whole complex is not yet finished Expected rental rate per rentable square metre, fully serviced, per month Eur 9.50 per square metre per month Power of Attorney empowering the signatory of the Request for Proposals and ail related documentation Attached (Doc D) j "] .. •• . . l MEtUEHASPORTS Club - 23rct July 2015 ;_ f . ,, j •' t:. J. " ~" c. ... _. .......... •• • I '· ~.! DEPT. REF: MEDE 369/2015::..,.__ REQUEST FOR PRO(=JOSALS F,OR :THE j - ' [ - '' ', ~ • ,,, - e IDENTIFICATION OF SUITABlE PREMISES TO SERVE AS TEMPORARY CLASSROOMS IN THE MELLIEHA /ST PAULS BAY AREA FOR A PERIOD OF ONE YEAR Closing Date: Friday 24"' July 2015 Date Published: at 10:00am CET Friday 10"' July 2015 This Request for Proposals is free of charge ~· IMPORTANT: Clarifications shall be circulated to al[ fnterested bfdders Department of Operations Mtnlst for Education and Em ~;<nt, Education Build In , Great St e Road Aorlana VLT 2000 ,, Request for Proposals for the lndentification ofsuitable Premisies to serve as temporary Classrooms in the Mellieha I St Pauls Bay Area for a period of 1 year. Table of Contents Table. pf t:pnteb~_!:· ..'....t .. ~ ............... ·''· ......... ~ .... ~· .. -~ ................................................ 2 VOLUME 1 SECTION 1 - INSTRUCTIONS TO BIDDERS .................................................. 4 A. GENERAL PART ........................................................................................... 4 1. GeneraLiristrilctions:............. :..............................................................................::............................ 4 2. TiniEitable ...... :..............:................... ;'................................................................................................... 5 3. Eligibility .............................................................................................................................................. 5 4. Mandatory Criteria ............................................................................................................................. 5 5. Multiple Expressions of lnterest.i.:................................................................................................... 7 5. Request for Proposals Expenses ....................................................................................................... 7 B. REQUEST FOR PROPOSALS DOCUMENTS ..................................... ~ ....................... 7 7. Coritiint of Request for Proposals Docunient ...,....................... 7 8. Explanations/Clarification Notes Concerning Request for Proposals Documents ................... 7 9. Labour Law .......................................................................................................................................... 8 10. Law ......: ..:.·:....:...: ................:..:...............................:.~...............•: ........................................................... 8 C. REQUEST FOR PROPOSALS PREPARATION .......................................................... 8 11. Language of Expressions of Interest .............................................................................................. 8 12. Presentation of Request for Proposals ......................................................................................... 8 13. Content of Request for Proposals .................................................................................................. 9 14. Request for Proposals Prices .......................................................................................................... 9 15. Currencies of Request for Proposals and Payments ................................................................. I 0 15. Period of Validity of Expressions of Interest ............................................................................. 10 17. Request for Proposals Guarantee (Bid Bond) ............................................................................ 10 18. Variant Solutions............................................................................................................................. 10 19. Preparation and Signing of Request for Proposals .................................................................... 10 D. SUBMISSION OF REQUEST FOR PROPOSALS ....................................................... 11 20. Sealing and Marking of Request for Proposals ........................................................................... 11 21. Extension of Deadline for Submission of Request for Proposals ............................................ II 22. Late Request for Proposals ........................................................................................................... 11 23. Alterations and Withdrawal of Request for Proposals ............................................................. II E. OPENING AND EVALUATlON OF OFFERS ........................................................... 12 24. Opening of Request for Proposals ............................................................................................... 12 25. Secrecy of the Procedure .............................................................................................................. 12 26. Clarification of Request for Proposals ........................................................................................ 12 27. Request for Proposals Evaluation Process .................................................................................. l3 28. Right of the Contracting Authority to Accept or Reject Any Request for Proposals .......... 14 29. Notification of Award, Contract Clarifications ... :..................................................................... 14 :.:·.l! ................................................ G. MISCELLANEOUS ...•••..•.•••••..•.•..•..•••.•••••••••••••....•..••......•...••.••••..•.•••.•••••.••..• 15 30. Ethics Clauses .................................................................................................................................. 15 31. Data Protection and Freedom of Information ........................................................................... 15 VOLUME 1 SECTION 2- REQUEST FOR PROPOSALS FORM ......................................... 16 5 ·Power of Attorney (if applicable) ................................................................ 19 6 • Data on Joint Venture/ Consortium (if applicable) ........................................... 20 Page 2 J u 3 8- Declaration Confirming Validity of Offer ....................................................... 21 VOLUME 1 SECTION 5 - GLOSSARY •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••.••• 22 VOLUME 5 .. DRAWINGS .~ .. : •......•.••..•••••••..••••••.••••••..•••••• ~ •••••••••••••...•••••.•••.••••••• 26 ;, . ' Page 3 VOLUME 1 SECTION 1 - INSTRUCTIONS TO BIDDERS A. GENERAL PART 1. General Instructions In submitting a Request for Proposals, the bidder accepts in full and In Its entirety) the content of this document , including subsequent Clarifications issued by the Contracting Authority, whatever his own corresponding conditions may be, which he hereby expressly waives. Bidders are expected to examine carefully and comply with an instructions, forms, contract provisions and spedflcations contained in this Request for Proposals document. No account can be taken of any reservation fn the Request for Proposals. as regards the Request for Proposals document; any disagreement, contradiction, alteration or deviation may lead to the Request for Proposals offer not being considered any further. The Evaluation Committee may after having obtained approval from the Permanent Secretary, Ministry for Education and Employment (MEDE) request clarification/s on the submitted information as outlined in Request for Proposals sub-Clause 13.1of these Instructions to Bidders. Such clariftcatfon/s must be submitted within two working days from notification. No rectfffcatfons will be allowed. The subject of this Request for Proposals is the identification of suitable premises to serve as temporary classrooms for a period of five years in the MelUehaf St Pauls bay are for a period of 1 year With a possiblllty of extending for further periods at the same rates terms and conditions. The candidates were invited to participate through the publication of adverts in the local printed media and the government gazette. Candidates who meet the Mandatory Criteria stipulated in this dossier are invited to submit their offer in terms of the provisions of this dossier. The Contracting Authority shaH verify and check the submission of each candidate for compliance with the Mendatory Criteria. A physical check of the shortllsted premises will be carried out by the contracting Authority 1.3 The bidder will bear all costs associated with the preparation and submission of the Request for Proposals. The Contracting Authority will In no case be responsible or liable for such costs, whatever the conduct or outcome of the proc;:edure. 1.4 The Contracting Authority retains ownership of all the bids received under this Request for Proposals procedure. Consequently, Bidders have no right to have their Request for Proposal returned to them. Page4 U 2. Timetable Deadline for request for any additional Information from the Cont,.,ctlng Authority which additional Information the Contracting Authority DATE TIME' 15"' July 2015 13:00 hrs 20"' July 2015 13:00 hrs 24"' July 2015 10:00 hrs of Expressions 3. Eligibility 3.1 Participation is open on equal terms to all natural and legal persons of the Member States of the European Union, the beneflclary country, any other countries who meet or exceed the Selection Crfteria. 1.2 Natural persons, companies or undertakings who are bankrupt, or under an administration appointed by the Court or under proceedings leading to a declaration of bankruptcy or convicted criminally, or found guilty of professional misconduct or are not up to date in the payme'nt of social security contributions or other taxes, may be excluded frorn participation ln the Request for Proposals and the award. Requests for Proposals submitted by companies forming a joint venture/con5artium must tllso fulfil the following requirements: • One partner must be appointed lead partner and that appointment confirmed by submission of powers of attorney signed by legally empowered signatories representing all the IndiVidual partners. The Request for Proposals must Include a prel!minary agreement or letter of intent stating that all partners assume joint and several liability for the execution of the contract, that the lead partner iS authorised to birl"d, and rer;eive instructions for and on behalf of, all partners, individually and collectively. ' i ) • AU partners fn the joint venture/consortium are bound to remain in the joint venture/consortium until the conclusion of the contracting procedure. The consortium/joint venture winning this contract must indude the same partners for the whole performance period of the contract other than as may be permitted or required by law. 3.4 All materl<ils, equipment and services to be supplied under the contract must originate In an eligible country. For these purposes, "origin" means the place where . the. materials and/or equipment are mined, manufactured and/or from which services are provided. grown~ produced or 4. Mandatory Criteria 4.1 In order to be considered eligible for the initiation of the Negotiated process, Bidders must proVide eVidence that they meet or exceed certain minimum qualification criteria described hereunder. In the case of a joint venture, the joint venture as a whole must satisfy the Page 5 i minimum qualifications required below. 4.1.1 The below Information must be provided: "- :·:¥.,~ - "~.>-t- 1'k: ';.-,t:'"' __;i-- / _- -- - ' . ·. Evidence of Ar:cfivtance of the Requfrements of the RequeSt~- fof -Prooasals Dossier • Building name and address • Locality • Proof of ownership- Copy of contract • Total number of areas available and their total square meterage • BuidlinB plan certified by warranted Architect • cJitific~ii~n bv ~a warrenl~d achitect.that the safe . buui!Ins'offedl~ttructurauy "' " " • Certification by the Health Authorities that the space offered Is fit for habitation • Declaration that space will be available free and unencumbered from 15 September 2015 to 30 June 2016 • Copy of MEPA Final Compliance Certificate • Confirmation of compliance with All mandatory requirements listed above. • Structural layout and dimensions: Expected rental rate per rentable square metre, fully serviced, per month (Price Indicated here Is for indicative purposes only and is not binding in anyway) • being within the confines of the locality of Melllelia/St Pauls Bay, in close proximity to the Primary School ofMelllelia/ St Pauls Bay; • shall offer at least five but not exceeding 6 teaching classes{areas; • shall offer spaces that are compliant with regulations established by law as far as lighting, hygiene and other school-related Issues as per S.L 327.12 amonst othe~s; (vide Appenh( 1} • shall be available for occupancy from the 15th of September 2015 to the 30 June 2016; • shall ha~e Independent entrance from public road; 1!1 sha"ll ha~e inst~!led the! necessarY security features: • shall have adequate electrical, tElecommunication and internet installations; shail'be free from risks of flash:flood. ~omply Building and development certification • shall Safety and accessibility • shall meet the requirements of the "General Provisions for the Health and Safety at Work Places Regulation, 2003" Cap 424; "i with the Malta Environment and Planning Authority (MEPA) I regulations; shall be In accordance with the approved Final Compliance Certificate and plans. Other considerations shall comply with the provisions of the Equal Opportunities (Persons with Disability) Act. • all types of premises which are In accordance with ALL the basic mandatory requirements and which have the necessary MEPA permits may be considered; 1 • premises must be available for inspection by not later than one week of publication of this notice; a period of use of premises for one {1) year; with an option to renew for a further periods is being considered. · Page 6 5 ., l ' 5. Multiple Expressions of Interest 5.1 A Bidder may submit multiple Request for Proposals offers. 5.2 A company may not submit a Request for Proposals for a given contract both individually and as a partner in a joint venture/consortium. 6. Request for Proposals Expenses 6.1 The Bidder will bear all costs associated with the preparation and submission of the Request for Proposals. 6.2 The Contracting Authority will neither be responsible for, nor cover, any expenses or losses incurred by the Bidder through site visits and Inspections or any other aspect of his Request for Proposals. ) B. REQUEST FOR PROPOSALS DOCUMENTS 7. Content of Request for Proposals Document The set of Request for Proposals documents comprises the following documents and should be read in conjunction with any clarification notes issued in accordance with Clause 21: Instructions to Bidders Mandatory Criteria Drawings /plans Bidders bear sole liability for examining with appropriate care the Request for 7.2 Proposals documents, including those design documents available for inspection, and any clarification notes to the Request for Proposals documents issued during the clarification period, and for obtaining reliable Information with respect to conditions and obligations that may in any way affect the amount or nature of the Request for Proposals or the execution of the works. In the event that the Bidder is successful, no claim for alteration of the Request for Proposals amount wilt be entertained on the grounds of errors or omissions in the obligations of the Bidder described above. 7.3 The Bidder must provide all documents required by the provisions of the Request for Proposals document. All such documents, without exception, must comply strictly with these conditions and provisions and contain no alterations made by the Bidder. . . 8. Explanations/Clarification Notes Concerning Request for Proposals Documents 11.1 Bidders may submit questions in writing to the Contracting Authority through: sending an email to as indicated In dates listed In article 2 • Timetable 8.2 Questions and answers. and alterations to the Request for Proposals document will be published as a clarification note and circulated to all bidders. Clarification notes will constitute an integra\ part of the Request for Proposals documentation, and tt is the responsibility of Bidders to be aware of the- latest Page 7 information prior to submitting their Request for Proposals. 8.3 The Contracting Authority may, at Its own discretion, as necessary and In accordance with Clause 22, extend the deadline for submission of Expressions of Interest to give Bidders sufficient time to take clarification notes into account when prepar;ng their Expressions of Interest. 9. Labour Law 9,1 Particular attention Is drawn to the conditions concerning the employment of labour In Malta and the obligation to comply with all regulations, rules or instructions concerning the conditions of employment of any class of employee. 10. Law 10.1 By submitting their Request for Proposals, Bidders are accepting that this procedure Is regulated by Maltese Law, and are deemed to know all relevant laws, acts and regulations of Malta that may in any way affect or govern the operations and activities covered by the Request for Proposals and the resuttfng contract. C. REQUEST FOR PROPOSALS PREPARATION 11. Language of Expressions of Interest 11.; The Request for Proposals and all correspondence and documents related to the Request for Proposals exchanged by the Bidder and the Contracting Authority must be written in English. Supporting documents furnished by the Bidder may be in another language, provided they are accompanied by an accurate translation Into English. For the purposes of Interpretation of the Request for Proposals, the English language will prevail. 12. Presentation of Request for Proposals Requests for Proposals must satisfy the following conditions: (a) AU Requests for Proposals must be submitted in one original, dearly (b) marked "original", and one identical copy (including all documentation as In the original) signed In the same way as the original and clearly marked "copy". Both dotuments are to be separately sealed and placed in another sealed envelope/package so that the Request for Proposals can be identified as one Request for Proposals submission. Following the Request for Proposals opening session, the copy shall be kept, unopened, at the Ministry for Education and Employment, (c) (d) for verification purposes only should the need arise, All Request for Proposals must be received by date and time indicated In the timetable at Clause 2 and deposited in the Tender box at the Procurement section (Rm 266) at the Ministry for Education and Employment Education Building Great Siege Road Valletta VLT 2000. All packages, as per (b) above, must bear only: (I) the above address; (II) the reference of the Invitation to Request for Proposals concerned; (ill) the name of the Bidder. Page 8 13. Content of Request for Proposals 13.1 The Request for Proposals must comprise the following duly completed documents, inserted fn a single, sealed envelope (unless their volume requires a separate submission: (i) Request for Proposals Form Volume 1 section 2 • Building name and address • Locality • Proof of ownership- Copy of contract • Total number of areas avallable and their total square mete rage • Buidling plan certified by warranted Architect • Certification by a warrented achitect that the building offed is structurally safe • Certification by the Health Authorities that the spate offered is nt for habitation • Declaration that space will be available free and unencumbered from 15 September 2015 to 30 June 2016 • Copy of MEPA Final Complinate Certifitate ) • Expected rental rate per rentable square metre, fully serviced, per month (Price indicated here is for Indicative purposes only and Is not binding in anyway) Bidders must indicate where the above documentation is to be found in their offer by using an index. All documentation is to be securely boundffiled. Bidders are NOT required NOR expected to submit, with their offer, any components of the Request for Proposals document except those spedficaUy mentioned in Clause 16. 14. Request for Proposals Prices ) 14.1 Bidders will be deemed to have satisfied themselves, before submitting their Request for Proposals. to tts correctness and completeness,- to have taken account of all that Is required for the full and proper performante of the contract, and to have Included all costs In their rates and prices. 14.2 The Request for Proposals must be submitted in Euro (€). 14.3 Bidders must quote all tomponents of the price inclusive of taxes and any discounts. Bidders not registered with the VAT authority In Malta, must stffl Include in their finandal offer any VAT that the contracting authority may have to pay either in Malta or the country where the Bidder is registered irrespective of the reverse charge mechanism. The financial offer wilt be considered as the total financial cost to tthe Contracting Authority including any VAT that may have to be paid not through the winning Bidder. Except as may otherwise be provided for in the contract, no payment wUL be made for items which have not been casted. Different options are to be clearly Identifiable in the technical and finandal submission; a separate Request for Proposals Form {as per Volume 1, Section 2) marked ~option 1', 'Option 2' etc. for each individual optton clearly outlining the price of the relative option is to be submitted. Page 9 ,, The prices for the contract must include all of the works to be provided. The prices quoted are fixed and not subject to revision or escalation in costs, unless otherwise provided for in the. Special Conditions. 15. Currencies of Request for Proposals and Payments 15.1 The currency of the Request for Proposals is the Eura (£), 16. Period of Validity of Expressions of Interest 16.1 Expressions of Interest must remain valid for a period of 90 days after the deadline for submission of Expressions of Interest indicated in the contract notice, the Request for Proposals document or as modified in accordance with Clauses 11.3 and/or 24. Any Bidder who quotes a shorter validity period will be rejected. 16.2 In exceptional circumstances the Contracting Authority may request that Bidders extend the validity of Request for Proposals for a specific period. Such requests and the responses to them must be made fn writing. 17. Request for Proposals Guarantee (Bid Bond) 17.1 No Request for Proposals guarantee (bid bond) is required. 1B. Variant Solutions No variant solutions will be accepted. Bidders must submit a Request for Proposals in accordance with the requirements of the Request for Proposals document. 19. Preparation and Signing of Request far Proposals 19.1 ·All Requests for Proposals must be submitted in one original, clearly marked "original", and one Identical copy (Including all documentation as In the original) signed In the same way as the original and clearly marked "copy". Requests for Proposals must comprise the documents specified In Clause 13 above. \ f It is the responsibility of the Bidders to ensure that both the original and the copy are an identical representation of one another. < W.l The Bidder's submlosion must be typed in, or handwritten In indelible Ink. Any pages on which entries or corrections to his submission have been made must be initialled by the person or persons signing the Request for Proposals. All pages must be numbered consecutively by hand, machine or in any other way acceptable to the Contracting Authority. 19.3 The Request for Proposals must contain no changes or alterations, other than those made in accordance with Instructions Issued by the Contracting Authority (Issued as clarification notes! or necessitated by errors on the part of the Bidder. In the latter case, corrections must be in.itialled by the person signing the Request for Proposals. 19.4 The Request for Proposals will be rejected If It contains any alteration, tampering, addition or deletion to the Request for Proposals documents not Page 10 ) specified in a clarification note issued by the Contracting Authority. D. SUBMISSION OF REQUEST FOR PROPOSALS 20. Sealing and Marking of Request tar Proposals 20.1 The Requests far Proposal mu5t be submitted in English and deposited In the Ministry's Tender box before the deadline specified In Clause 2 or as otherwi>e specified In accordance With Clause 8.1 and/or 21.1. They must be submitted: EITHER by recorded delivery (official postal/courier service) or hand delivered to: Operations Departm<>nt Procurement Section (Rm266) Education Building Great Siege Road Floriana VLT 2000 Expressions of Interest submitted by any ather means Will not be considered. as 20.2 Bidders mu5t seal the original and the copy of their Request for Proposal< outlined In Clause 12. 20.3 If the outer envelope fs not sealed and marked as required In sub clause 12.1, the Contracting Authority will assume no responsibility for the misplacement or premature opening of the Request for Proposals. 21. Extension of Deadline for Submission of Request tor Proposals 2U The Contracting Authority may, at Its own discretion, extend the d<>adlln<> for submission of Request for Proposals by issuing a clarification note in accordance with Clause 8. In such cases, all rights and obligations of the Contracting Authority and the Bidder regarding the original date specified in the contract notice will be subject to the new date. -l~' !' ~ 22. Late Request tor Proposals All Requests for Proposals received after the deadline for submission specified ,, In the contract notice or these Instructions will be kept by the Contracting Authority .. ') n.1 No liability can be accepted for late delivery of Request for Proposals. Late Request for Proposals will be rejected and will not be evaluated. 23, Alterations and Withdrawal of Request for Proposals Bidders may alter or withdraw their Request far Proposals by written notification prior to th~ deadline for submfssion of Request for Proposals. No Request for Proposals may be altered after the deadline for submission. Zl.l Any notification of alteration or withdrciwal must be prepared! seated 1 marked and submitted In accordance with Clause 20, and the envelope must al•o be marked with "alteration" or "withdrawal". 23.3 The withdrawal of a Request for Proposals in the period between the deadline Page 11 ,, ,, for submission and the date of expiry of the validity of the Request for Proposals will resu\t in forfeiture of the Request for Proposals guarantee provided for In Clause 17. " OF OFFERS E. OPENING AND EVALUATION 24. Opening of Request {or Proposals 24.1 Request for Proposals will be opened In public session on the date and time indicated in the timetable at Clause 2 (or as otherwise specified in accordance with Clause 8.1 and/or 21.1) at the Procurement Section, (Rm 266), Operations Department, Education Building, Great Siege Road, Florlana VLT 2000 Malta by the Department's opening staff. They will draw up a 'Summary of Requests for Proposals Received' which will be published on the nottce board of the Contracting Authority. 24.2 At the Request far Proposals opening~ the Bidders' names, written notification of alterations and withdrawals, and any other information the Contracting Authority may consider appropriate wiU be published 24.3 Envelopes marked "withdrawal" will be read out first and returned to the Bidder. 24.4 Reductions or alterations to Request for Proposals prices made by Bidders after submission will not be taken into consideration during the analysis and evaluation of Request for Proposals. 25. Secrecy of the Procedure After the opening of the Requests for Proposals, no information about the examination, clarification. evaluation or comparison of Request for Proposals or decisions about the contract award may be disclosed before the notification of awards. 25.1 Information concerning checking, explanation,"' opinions and comparison of Request for Proposals and recommendations concerning the award of contract, may not be disclosed to Bidders or any other person not officially Involved In the process unless otherwise permitted or required by law; -i.;J ,~ 25.1 Any attempt by a Bidder to approach any member of the Evaluation Committee/Contracting Authority directly or indirectly during the evaluation period will be considered legitimate grounds for disqualifying his Request for Proposals. '"'~ '- } "" ~""- 26. Clarification of Request for Proposals ' i 26.1 -' When cheeklng and compar1ng Request for Proposals, the evaluation committee may, after obtaining approval from the Permanent Secretary MEOE , ask a Bidder to clarify any aspect of his Request for Proposals. Such requests and the responses to them must be made by e·matl or fax. They may in no cfrcumstances alter or try to change th~;~ price or content of the Request for Proposals, except to correct arithmetical errors discovered by the evaluation committee when analysing Request for Proposals , in accordance with Clause 31. Page 12 27. Request for Proposals Evaluation Process 27.1 The following should be read in conjunction with Clause 24. 27.2 Part 1: Compliance with Mandatory Criteria The Evaluation Committee will check the compliance of Request for Proposals with the Instructions given tn the Request for Proposals document, and in particular the documentation submitted In respect of Clause 4 &. 13. Part 2: Those bids that satisfy the mandatary criteria ll•ted In the document will be contacted by the evaluation Committe to conduct an on site visit of the premises to further asses fts suitability. Part 3: On concluding their evaluation the Evaluation Committee will submit a report of their recommendation to DG Operations:. Part 4: The successful bidder will be informed by DG Operations and invited to enter Into an agreement with MEDE on the basis of the selected bid. The unsuccessful bidders will be informed in writing and the following information will be provided to them. The name of the successful bidder, the price of the successful bid, the reason why their bid was not successful. ~ Page 13 ' 28. Right of the Contracting Authority to Ac;cept or Reject Any Request {or Proposals ZS,1 The Contracting Authority reserves the right to accept or reject any Request for Proposals and lor to cancel the whole Request for Proposals procedure and reject all Request for Proposals. The Contracting Authority reserves the rtght to Initiate a new invitation to Request for Proposals. " 28.2 In the event of a Request for Proposals procedure's canceltation, Bidders will be notified by the Contracting Authority. If the Request for Proposals procedure is cancelled before the outer envelope of any Request for Proposals has been opened, the sealed envelopes will be returned, unopened, to the Bidders .. :zll.3 Cancellation may occur where: (a) the Request for Proposals procedure has been unsuccessful, namely where no qualitatively or financially worthwhile Request for Proposals has been received or there has been no response at al\j (b) the economic or technical parameters of the project have been fundamentally altered; (c) exceptional circumstances or force majeure render normal performance of the project impossible; (d) all technically compliant Expressions of Interest exceed the financial resources available; (e) there have been ;r·regularities in the procedure, in particular where these have prevented fair compet1Uon~ In no drcumstances will the Contracting Authority be liable for damages, whatever their nature (In particular damages for loss of profits) or relationship to the cancellation of a Request for Proposals, even if the Contracting Authority has been advised of the possibility of damages. The publication of a contract notice does not commit the Contracting Authority to implement the programme or project announced. 29. Notification of Award, Contract Clarifications ~.1 Prior to the expiration of the period of validity of Request for Proposals, the Contracting Authority will notify the successful Bidder, in writing, that his Request for Proposals has passed the manadatory criteria and is being considered 29.2 Unsuccessful Bidders shall be notified with the outcome of the evaluation process, and will be provided the following information: (1) the criteria for award; (if) the name/s of the successful Bidder Is (f!i) the reasons why the Bidder did not meet the technical specifications 29.3 ' ,_/ The recommendations shall be published on the Notice Board of the Contracting Authority of the Procurement Section Rm 266. Page 14 ' G. MISCELLANEOUS 30. Ethics Clauses 30.1 30.3 30.10 Any attempt by a Bidder to obtain confidential information, enter into unlawful agreements wfth competitors or influence the committee or the Contracting Authority during the process of examining, clarifying, evaluating and comparing Expressions of Interest wfll lead to the rejection of his Request for Proposals and may result in administrative penalties. -JL_. -"oY . . .. .... -·'""""''' -:~ When putting forward a Request for Proposals, the Bidder must declare that he Is, affected by no potential conflict of interest, and that he has no particular link wfth other Bidders or parties Involved In the project. The Request far Praposals(s) concerned wfll be rejected or the contract terminated If It emerges that the aW'ard or execution of a contract has gfven rise to unusual commercial expenses. Such unusual commercial expenses are commissions not mentioned in the main contract or not stemming from a properly· concluded contract referring to the main contract, commissions not patd in return for any actuat and legitimate service, commissions remftted to a tax haven, commissions paid to a recipient who is not clearly identified or commissions paid to a company which has every appearance of being a front company. 31. Data Protection cind l:reedom of Information 31.1 Any personal data submitted in the framework of the procurement procedure and/or subsequently included In the contract shall be processed pursuant to the Data Protection Act (2001 ). It shall be processed solely for the purposes of the performance, management and follow-up of the procurement procedure and/or subsequent contract by the Contracting Authority/Contracting Authority without prejudice to possible transmission to the bodies charged wfth a monitoring or inspection task In conformity wfth National and/or Community law. 31.2 The provisions of this contract are without prejudice to the obligations of the Contracting Authority In terms of the Freedom of Information Act (Cap. 496 of the Laws of Malta). The Contracting Authority, prior to disclosure of any Information In ,, relation to any provisions of this contract which have not yet been made public, shall consult the contractor In accordance wfth the provisions of the said Act, pertinent subsidiary legislation and the Code of Practice issued pursuant to the Act. Such consultation shall In no way prejudice the obligations of the Contracting Authority In terms of the Act. ' Page 15 i VOLUME 1 SECTION 2 - REQUEST FOR PROPOSALS FORM (A separate, distinct Request for Proposal Form must be submitted for EACH OPTION- if applicable· submitted) Publication reference: MEDE 369/2015 <> r A. REQ~~FOR PROPOSALS (Thb will M SUBMITTED BY: In case of-a Joint VentUre/ onsortfum: Name(s) of leader/Partner(s) Leader lnr:Wd~d !11 tb~ SUmmary Call far Propcncli R~ceived) Nationality ff} l& Uv/161#1 SPofU'"6 Ll..VB fY} .4L:7£$J. Proportion of Resi>onslbllltles2 toc/b Partner Etc·- 1. Addtdclete additiort1.tllfnes for partners as appropriate. Note that & sub<ontractor ts not considered to be a partner for the purpoSeS of this Request for Proposals. If lhls Request for Proposals Is being submftted by an Individual Bidder, the name of the Bidder should be entered as 1eader' (and atl other lines should be deleted) 2. Proposed proportion of responslbllitfes between partners (In %} wtth indication or the type of the works to be perlormed by each partner (the company llcting as the lead partner ill a joint woture/consortiutO, the)l·murt haye the abiltty to 'carry cot at least sal of the contract works by its own mean.s. If a company ts another partner irt a joint ventureJcoosortlum (I.e. not the lead partner) it must have the abttlty to carry out at least 10% af the contract wort<s by Its own m~ans}.. B CONTACT PERSON (for thfs Request for Proposals) Name Surname l__j ____~~---------- Telephone Address .....if). t..M:-:!. If!!:!:!. ......~. f..q_ ~-T.?........~Y. f??.......•...............•.....•.... -rI? 16). Vl ,S, GIS~ 'l.D C...t A PPA- R.A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . >& . . d] f. w.....~ISH--A Page 16 /0 ) C BIDDER'S DECLARATION(S) To be compl~ted and olgned by the Bidder (Including each partner In a consortium). In response to your letter of Invitation to Request for Proposals for the above contract, we, the undersigned, hereby declare that: 1 We have examined, and accept In full and In Its entirety, the content of this Request for Proposals document (including subseg)Jent (iarlflcatlons. Notes ISS_LI!'d by the Contracting Authority) for Invitation to Request for Proposals Nor~ !i.'9 I -'PIS] of [./:.f/I .."T...J.ltiij. We hereby accept the contents thereto In their entirety, without reservation or restriction. We also· understand that any disagreement, contradiction, alteration or deviation shall lead to our Request for Proposals offer not being considered any further. 2 We offer to provide, In accordance with the terms of the Request for Proposals document and the conditions and time limits laid down, without reserve or restriction, the following building: 3 The expected rate per sq meter of rentable area per m~th of our Reque1/tr Proposals (inclusive of duties, VAT, other taxe.s and any discounts) Is ............... '\::..:::j.t..£;0.............. . .........The price Is only requested for Indicative purposes and Is not binding In anyway, 4 This Request for Proposals Is valid for a period of 90 days from the final date for submission of Request for · Proposals. s We are making this application In our own right and [as partner in the consortium led by < nam" of the lead"r I ourselves >] for this Request for Proposals Request for Proposals We confirm that we are not ;( _, - -.. , ; J:, .,~ submitting a bid for the same contract in any other form. (We con{frm, as a partner in the consortium, that all partners are jointly and severally liable by law for the performance of the contract, that the lead partner Is authorised to bind, and receive Instructions for and on behalf of, each member, and that all partners in the joint venture/consortium are bound to remain fn the joint venture/consortium for the entire period of the contract's performance). We are fully aware that, in the case of a consortium, the composition of the cansortfum cannot be modified in the course of the Request for Proposals procedure. 6 We are not bankrupt or under an administration appointed by the Court, or under proceedings leading to a dedaration of bankruptcy. We also declare that we have not been convicted crimina~ly, or found guflty of professional misconduct. Furthermore, we are up·ta·date In the payment of social security contributions and other taxes. 7 We accept that we shaU be excluded from participation In the award of this Request for Proposals if compliance certificates In respect of dcdaratlons made under Clause 7 of this declaration are not submitted by the indicated dates. B We agree to abide by the ethics clauses of the instructions to Bidders and, In particular, have no potential conflict of interests or any relation with other candidates or other parties in the Request for Proposals 9 1o procedure at the time of the submission of this application. We have no interest of any nature whatsoever In any other Request for Proposals In this procedure. We will inform the Contracting Authority Immediately If there Is any change in the above circumstances at any stage during the implementatlon of the contract. We also fully recognise and accept that any falset fnaccurate or incomplete Information deliberately provided in thfs application may result in our exclusion from this and other contracts funded by the Government of Malta and the European Communities. Our Request for Proposals submission has been made In conformity with the Instructions to Bidders, and in this respect we confirm having Included In the appropriate packages as required, the following documentation: Request for Proposals Form Volume 1 section 2 • Building name and address • Locality • Proof of ownership- Copy of contract • Total number of areas available • Buidling plan certified by warranted Architect • Declaration that space will be available free and unencumbered from 15 September 2015 to 30 June 2016 • Copy of MEPA Final Compliance Certificate Page 17 ; F1 '' ' 12 I acknowledge that the Contracting Authority may request clarifications in respect to the documentation listed in Clause 10 of this form. No rectifications will be allowed. 13 We note that the Contracting Authority is not bound to proceed with this Invitation to Request for Proposals and that it reserves the right to cancel or award only part of the contract. It will Incur no liability towards us should It do so. Name and Surname: ' 1.0. I Passport Number: Signature of Bidder: Duly authorised to sign this Request for Proposals on behalf of: Company/Lead Partner VAT No: (if applicable) Stamp of the firm/company: MELLIEHA~ SPORTS. Place and date: Page 18 \ 5 • Power of Attorney (if applicable) Please attach here the power of attorney empowering the signatory of the Request for Proposals and all related documentation. ) ' '' Signature: (the person or persons aut rlsed to slsn on behalf af the Bidder) r:l6· <'-~./s '' oo0000000000to0000000000000/.H000000000o000000000000I000000000000 . . Page 19 '' 6 - Data on Joint Venture/ Consortium (if applicable) Managing Board's Contact Details L Address: .............................................. ,f······ Telephone: ••...•••.•.....•.•..•••• Fax: •. Email: ..•.••.•••..•.•.•.• Cor1tritct11no Authority, If any (In the case of a Joint Address: •..........•..•.•...••••. Venture/Consartfum with a foreign lead partner) Telephone: .•...••••.•.. . •..•• Fax: ....................... . .............................................. ..... % ................................................... % De.rso,rf or oers:ons tliitttariised to sign on behalf of the Bidder) dJ-""f./5 .........................u •••••••••••••••••••••••••••••••••• - Page 20 I'L 8- Declaration Confirming Validity of Offer It is hereby being declared that i/we will bind ourselves to keep this offer valid for a period of 1 year starting from date of Award of Contract. We also bind ourselves to keep the prices fixed for such period. Signature: ·············~··································· (the person or persons authorised to sign on behalf of the bidder) Date: .......... :...... r/?..9. .. :..1..:./?...................... . ) ) ' Page Z1 '' VOLUME 1 SECTION 5 - GLOSSARY De!lnltlons Note: the present definitions are given here for convenience only, In the context of lhe EOI procedure. The defintuons set out In the contract as conr;luded are determining for the relations between the parties to the contract Administrative order: Any instruction or order issued by the Project Manager to the Contractor In writing regarding the execution of the contract. l Breakdown of the overall price for each Individual lot: A heading-by-hea'ding list of the rates and costs making up the price for each Individual lot. L Contracting Authority: means the Ministry for Education and Employment' Conflict of interest: (a) Any event influencing the capacity of a candidate, bidder or supplier to give an objective and impartial professional opinion, or preventing him, at any moment, from giving priori-ty to the Interests of the Contracting Authority. (b) Any consideration relating to possible contracts in the future or conftfct with other commitments, past or present, of a candidate, bidder or supplier, or any conflict with his own interests. These restr1c;:tions also apply to subcontractors and employees of the candidate, bidder or supplier. Contract value: The total value of the contract per lot to be paid by third parties (Parents/Legal Guardians) in terms of the agreed terms and conditions. Contractor: The successful bidder per lot, once all parties have signed the contracts. Day: Calendar day. Dayworks: Varied work Inputs subject to payment on an hourly basis for the Contractor's employees and plant. Defects Notification Period: The period stated In the contract Immediately following the date of provisional acceptance, during which the Contractor fs required to complete the works and to remedy defects or faults as Instructed by the Contracting Authority's representative. Drawings: Drawings provided by the Contracting Authority, and/or drawings provided by the Contractor and approved by the Contracting Authority, for the carrying out of the works. Contracting Authority's representative: Any natural or legal person, designated by the Contracting Authority as such under the contract, and empowered to represent the Contracting Authority in the performance of his functions, and in exercising such rights and/or powers as have been delegated to him. Equipment: Machinery, apparatus, components and any other articles intended for use in the works. Evaluation Committee: a committee made up of an odd number of voting members (at least three) appointed by the Contracting Authority and possessing the technical, linguistic and administrative capacities necessary to give an Informed opinion on the Request for Proposals and conduct the necessary negotiations with the bidders leading to a recommendation/s for the award of the contract/s to the Permanent Secretary on behalf of the Contracting Authority. ~,;.~ Final Beneficiary: Third parties (consumers) Foreign Currency: Any currency permissible under the applicable provisions and regulations other than the Euro, which has been Indicated in the Request for Proposals. General Conditions: The general contractual provisions setting out the administrative, financial, legal and technical clauses governing the e•ecution of contracts. Ge-neral Damages: The sum not stated beforehand In the contract, whfch is awarded by a court or an arbitration tribunal, or agreed between the parties, as compensation payable to an injured party for a breach of the contract by the other party. In Writing: This Includes any hand-written, typed or printed communication, including fax transmissions and electronic mall (e-mail). Page 22 'J /3 Liquidated Damages: The sum stated in the contract as compensation payable by the Contractor to the Contracting Authority for failure to complete the contract or part thereof within the periods under the contract, or as payable by either party to the other for any specific breach Identified In the contract. Modification: An Instruction given by the Contracting Authority which modifies the works. National Currency: The currency of the country of the Contracting Authority, Period: A period begins the day after the act or event chosen as its starting point. Where the last day of a period Is not a working day, the period expires at the end of the next working day. Plant: Appliances and other machinery, and, where applicable under the law and/or practice of the state of the Contracting Authority, the temporary structures on the site required to carry out the works but excluding equipment or other items required to form part of the permanent works. Project Manager: The legat or natural person responsible for monttortns the execution of the contract on behalf of the Contracting Authority. Provisional Sum: A sum Included in the contract and so designated for the execution of works or the supply of goods, materiats, plant or services 1 or for contingencies, which sum may be used in whole or fn part, or not at all, as instructed by the Contracting Authority. Site: The places provided by the Contracting Authority where the works are to be carried out/supplies to be delivered and other places stated In the contract as forming part of the site. Special Conditions: The special conditions laid down by the Contracting Authority as an integral part of the Request for Proposals document, amplifying and supplementing the general conditions, clauses specific to the contract and the terms of reference (for a service contract} or technical specifications (for a suppty or works contract). Supervisor: The tegat or natural person responsible for administering the contract an behalf of the Contracting Authority. Request for Proposal Oocum.,nt/s: The dossier compiled by the Contracting Authority and containing all the documents needed to prepare and submit an EO!, Request for Proposal Price: The sum stated by the bidder In hfs Request for Proposal for carrying out the contract. ,, Works: Works of a permanent or temporary nature executed under the contract. Written Communic:atfons: Certlflcales, notices. orders and Instructions Issued In writing under the contracL . ' Page 23 . ' Page 24 It+ '' Page 25 ; 0 . • tf .- 'l i ~· ' VOLUME 5 - DRAWINGS Design Documents, including Drawings ,. Section 5.1 L Page 26 C0py o.f Advert forthe. PubHcatiort of the Expression of Interest Sunday Times- ,,-, 'S: '' Classified EXPRESSION OF INTEREST Employment, notlfte::: that propo::,uh-; wtll be rece1v€!d from interested part!(;'~ to Identify suitilble prcl'"fli!;;e~ to .serve a!: temporary primary ::;chool cla::::toorn~ in the Mellreha and St Paul'::: Sa~.; area:::, ··r. partie~ are invited to put forward their propo~al~ Baxter Who are we? Baxter International Inc.• through ils subsidiaries, dave!ops, manufactures and markets products that save and sustain the lives of people with hemophilia, immuhe disorders, infectious diseases, kidney disease, trauma, and other chronic and acute !f1edical conditions. With over 61,500 employees worldwide, Baxter IS a f:!lobal. dlVersltied healthcare company that applies a unique c~mbmatlon of expertise in medical devices, pharmaceuticals and biotechnology to creal a products 1hat advance palient care worldwide. The Pormanur.t .Secretary, r-.11ni::try for Education and Interested 31 by colilectlng ~ free copy of the 'Request for Proposal' document from the Prc.curement Section, <:1~ from the ·to!.\\ July ~015, submissions ara to bo reeaivad In a sealed envelope and deposited at Room 266, Procurement Sat::Uon, Operations Department, Ministry for Education and Employment, Florlana, by th.o 24"' July 2015 at: 10:00am. Due to ongoing expansion, the company has vacancies for: 1. LABELLING AND TECHNICAL DOCUMENTATION TECHNICIANS; The-Work: Responsibility of tasks related to artwork, change control and parts des1gn; Co~aboratlon For further enquiries or dariflcation;:;, plea::;e :;end an e,rnaii ::n dg-opr.mede;t:fgov,mt or by caUing 2598 123l wilh other fundionS!teamsfsuppliers lnvolvad in the proJect. Tha Applicants should possess: A~Level Standard of Education in scientific subjects; Fluency in English and Ualian; Knowledge of ACAD and Proficiency in Microsoft Office AppliCations: A good technical aocl administralive background will be considered Mariam AI Batool School Situation Vacant an asset; Willingness to travel on regular basis. PRIMARY TEACHERS and 2. SENIOR ENGINEERS -PROJECT MANAGEMENT TEACHER OF ARABIC Preference will be given to candidates who P'" -~ess a degree in Education and who hold a Pt:,·:;me~* ·:.~arreJ t::=:J The Work: l fv!anagement of Projects assi~ed to the team and interfacing with dlffe~en1teams/lunctlons involved in tha project; lssumg of Design Inputs. Verification and Validation plans, reports and other technlcallasks; c::::::rcom~ubje~ec ~ C~:--:1 - ;:.,,.. c·· r~ th· -··''iginc:::..:.iJcuJ..:;:;;;:ts. '· ·· · Interested persons are invited to send their CV by email to albatool@melita.com or by post to: Tnc Head of School, Mariam AI Batool School, ,u.nic Centre, Corradino Hill, Paola. PLA 9037. date: Monday, 20th July, 2015. 1 ~i~ee~~~:}-,:;;;g~~~:;·;7~;~ ~~ ;;r:; ;)J~,r~f;'~''":1_'"·~ Master Degree in Blomedicaf Engfneering or Biology will be considered an asset; 3 years or more experience to a Manufacturing or R&D environment, preferably in the Biomedical or Pharmaceutical Industry; Project Management experience In the Medical Device Industry will be considered an asset; · Fluency in English and preferably in Italian; Excellent Interpersonal skills including communlt".:t.tion, time management, leadersfllp WUUngness to travel on regular basis. and teamwork; 3. PRINCIPAL R&D ENGINEER eJ.Tt1Ran9P 14 VJ URGENTLY REQUIRED Full-time/port-time experienced MECHANICAL TECHNICIANS and ElECTRONIC TECHNICIANS are required for immediate employment at The Work: Provision of Technical Expertise to and Management of own taam; Active participation ln lhe technk:aJ tasks of the team; Construction of detailed, accurate project schedules and interfacing with lhe different teams/funCtions involved In the project; Devising of new approaches to solve complex problems in a timely manner. The Applicant should po&seos: 8.Eng (Hans) Mechanical or Electrical degree; Masler Degree in a Scientific subject will be considered an asset; 6 years or more experience in a Manufacturing or R&D environment preferably In the Biomedical or Pharmaceutical Industry; Project Management and Resource Management experience will be considered an asset; Excellent interpersonal skills Including communication, time management, leadatship and teamwork. Tip Top Sports. Besides being fluent in the Maltese and English language, skilled in customer service and have a minimum of2 years' experience in the field, the ideal candidates should be able to • identify malfunctions and carry out repairs on sports equipment • repair or replace defective sports equipment parts • carry out sports equipment maintenance. The ideal candidates should be flexible individuals who will work to the business needs; Please send a detailed CV by not later than July 26, 2015 to Ms Svetlana Cordina via e-mail on hr@tiptopsports.co'!' or by post to Tip Top Sports, iabbar Road, Fgura FGR 1605. 4. LABORATORY TESTING SPECIALISTS The Work: Pertorming product verifiCations and validation in the laboratory upon guidance from Study Dlractors and lab Supeuvlsor. Documenting appropriately test results, complying with good documentation practiCf:ts; Managing the material process during and after product testing. The Applicants should possesrs: A-Level Standard of Education preferably In scientific subjects; Fluency In English and preferably in Italian; Knowledge of Microsoft Office Applications; Excellent interpersonal skills including communication and teamwork. To apply, send an email to Jobs_malta@baxter.com by Friday 241h of July, making reference to the position number and title. 0 ; ,-- Request for Proposals for the Identification of Suitable premises to serve as temporary ji, l . (' classrooms in the Mellieha/St Paul's Bay Area for a period of one year.. • '' ' I DEPT. REF: MEDE 36912015 REQUEST FOR PROPOSALS FOR THE IDENTIFICATION OF SUITABLE PREMISES TO SERVE AS TEMPORARY CLASSROOMS f1 IN THE MELLIEHA /ST PAULS BAY AREA iJ FOR A PERIOD OF ONE YEAR l,__) Closing Date: Friday 24'h July 2015 at 1O:OOam CET ,, Date Published: Friday 1oth July 2015 This Request for Proposals is free of charge ~·· jf IMPORTANT: ·~ Clarifications shall be circulated to all interested bidders Department of Operations Ministry for Education and Employment, Education Bul!ding, Great Sie e Road Ftoriana VLT 2000 n u Request for Proposals for the Indentffication of suitable Premises to serve as temporary Classrooms in the Mellieha I St Pauls Bay Area for a period of 1 year. Table of Contents n LJ fl JJ ll iJ Table of Contents .................. ••o o•o. •o o.. o.• o ••• o. o..... ... o......................... 2 VOLUME 1 SECTION 1 -INSTRUCTIONS TO BIDDERS .................................................. 4 A. GENERAL PART ············••••o•••• ...... o•••········· .......•........... ···•·o••··············· . .. ·~ ... 4 1. General Instructions ........................................................................................................................... 4 2. Timetable ............................................................................................................................................. 5 3. Eligibility .............................................................................................................................................. 5 4. Mandatory Criteria ............................................................................................................................. 5 5. Multiple Expressions of Interest. ...................................................................................................... 7 6. Request for Proposals Expenses ....................................................................................................... 7 B. REQUEST FOR PROPOSALS DOCUMENTS ............................................................ 7 7. Content of Request for Proposals Document ................................................................................. 7 8. Explanations/Clarification Notes Concerning Request for Proposals Documents ................... 7 9. Labour Law .......................................................................................................................................... 8 10. Law ...................................................................................................................................................... 8 C. REQUEST FOR PROPOSALS PREPARATION .......................................................... 8 11. Language of Expressions of Interest... ........................................................................................... 8 12. Presentation of Request for Proposals ......................................................................................... 8 13. Content of Request for Proposals ................................................................................................ 98 14. Request for Proposals Prices .......................................................................................................... 9 15. Currencies of Request for Proposals and Payments ................................................................. 10 16. Period of Validity of Expressions of Interest ............................................................................. 10 17. Request for Proposals Guarantee (Bid Bond) ............................................................................ 10 18. Variant Solutions ............................................................................................................................. 1o 19. Preparation and Signing of Request for Proposals .................................................................... lO D. SUBMISSION OF REQUEST FOR PROPOSALS ........................................................ 11 20. Sealing and Marking of Request for Proposals ........................................................................... 11 21. Extension of Deadline for Submission of Request for Proposals ............................................ 11 22. Late Request for Proposals ........................................................................................................... 11 23. Alterations and Withdrawal of Request for Proposals ...........................................................:. 11 E. OPENING AND EVALUATION OF OFFERS ............................................................ 12 24. Opening of Request for Proposals ............................................................................................... 12 25. Secrecy of the Procedure .............................................................................................................. 12 26. Clarification of Request for Proposals ........................................................................................ 12 27. Request for Proposals Evaluation Process .................................................................................. 13 28. Right of the Contracting Authority to Accept or Reject Any Request for Proposals.. ........ 14 29. Notification of Award, Contract Clarifications ......................................................................... 14 G. MISCELLANEOUS ........................................................................................ 15 30. Ethics Clauses .................................................................................................................................. 15 31. Data Protection and Freedom of Information ........................................................................... 15 VOLUME 1 SECTION 2 - REQUEST FOR PROPOSALS FORM .......................................... 16 I. I •••••••••••••• 5- Power of Attorney (if applicable) ........................................................... ...... 19 6- Data on Joint Venture! Consortium (if applicable) .................................. .......... 2.0 Page 2 ,, J ('1 ' t,_. 8- Declaration Confirming Validity of O[[er ........................................................ 21 VOLUME 1 SECTION 5 - GLOSSARY ..................................................................... 22 VOLUME 5- DRAWINGS ................................................................................... 26 --------------n u n l} ( ~ 1 J J Page 3 J ' VOLUME 1 SECTION 1- INSTRUCTIONS TO BIDDERS A. GENERAL PART '"' LI'J'. 1. General Instructions 1.1 jl .J n I' J In submitting a Request for Proposals, the bidder accepts in full and in its entirety, the content of this document , Including subsequent Clarifications Issued by the Contracting Authority, whatever his own corresponding conditions may be, which he hereby expressly waives. Bidders are expected to examine carefully and comply with all instructions, forms, contract provisions and specifications contained in this Request for Proposals document. No account can be taken of any reservation in the Request for Proposals as regards the Request for Proposals document; any disagreement, contradiction, alteration or deviation may lead to the Request for Proposals offer not being considered any further. The Evaluation Committee may after having obtained approval from the Permanent Secretary, Ministry for Education and Employment (MEDE) request clarificatlon/s on the submitted Information as outlined in Request for Proposals sub-Clause 13.1of these Instructions to Bidders. Such clarification/s must be submitted within two working days from notification. No rectifications will be allowed, 1.2 The subject of this Request for Proposals is the identification of suitable premises to serve as temporary classrooms for a period of five years In the Mellieha/ St Paul's bay area far a period of 1 year with a possibility of extending for further periods at the same rates terms and conditions. The candidates were invited to participate through the publication of adverts in the local printed media and the government gazette. Candidates who meet the Mandatory Criteria stipulated in this dossier are invited to submit their offer in terms of the provisions of this dossier. The Contracting Authority shall verify and check the submission of each candidate for compliance with the Mandatory Criteria. A physical check of the shortlisted premises will be carried out by the contracting Authority 1.3 The bidder will bear all costs associated with the preparation and submission of the Request for Proposals. The Contracting Authority will in no case be responsible or liable for such costs, whatever the conduct or outcome of the procedure. The Contracting Authority retains ownership of all the bids received under this Request for Proposals procedure. Consequently, Bidders have no right to have their Request for Proposal returned to them. Page 4 C! '' '! 2. Timetable Deadline for request for any additional information from the Contracting Authority Last date on which additional information are Issued by the Contracting Authority Deadline For submission of Expressions of Interest I Request for Proposals Opening Session lu' \'! .i DATE T!ME* 15'" July 2015 13:00 hrs 20'" July 2015 13:00 hrs 24'" July 2015 10:00 hrs (unless otherwise modified In terms of Clause _, I' *~r · ~~~ ~rns~ fc!!t~! Eu..!~P~~Il T:if-~ JWJ .. ·-- --- ·- - - 3. Eligibility 3.1 Participation is open an equal terms to all natural and legal persons of the Member States of the European Union, the beneficiary country, any other countries who meet or exceed the Selection Criteria. 3.2 Natural persons, companies or undertakings who are bankrupt, or under an administration appointed by the Court or under proceedings leading to a declaration of bankruptcy or convicted criminally, or found guilty of professional misconduct or are not up to date in the payment of social security contributions or other taxes, may be excluded from participation in the Request For Proposals and the award. Requests far Proposals submitted by companies forming venture/consortium must also fulfil the following requirements: • • 3.4 a joint One partner must be appointed lead partner and that appointment confirmed by submission of powers of attorney signed by legally empowered signatories representing all the Individual partners. The Request for Proposals must include a preliminary agreement or letter of intent stating that all partners assume.joint and several liability For-the execution of the contract, that the lead partner is authorised to bind, and receive instructions for and on behalf of, all partners, individually and collectively. ~ ' All partners in the joint venture/consortium are bound to remain in the joint venture/consortium until the conclusion of the contracting procedure. The consortium/ joint venture winning this contract must include the same partners for the whole performance period of the contract other than as may be permitted or required by law. '' All materials, equipment and services to be supplied under the contract must originate in an eligible country. For these purposes, "origin" means the place where the materials and/or equipment are mined, grawn, produced or manufactured and/ or from which services are provided. 4. Mandatory Criteria 4.1 In order to be considered eligible for the initiation of the Negotiated process, Bidders must provide evidence that they meet or exceed certain minimum qualification criteria described hereunder. '' In the case of a joint venture, the joint venture as a whole must satisfy the Page 5 minimum qualifications required below. The below Information must be provided: 4.1. 1 0 'I Evidence of Acceptance of the Requirements of the Request for Proposals Dossier (., • • • • • • Building name and address Locality Proof of ownership- Copy of contract Total number of areas available and their total square meterage Buidllng plan certified by warranted Architect Certification by a warrented achitect that the building offed is structurally safe • Certification by the Health Authorities that the space offered is fit for habitation Declaration that space will be available free and unencumbered from 15 September 2015 to 30 June 2016 • Copy of MEPA Final Compliance Certificate Confirmation of compliance with All mandatory requirements listed above. .-, '' q L.i' • Structural layout and dimensions: • • • • • • Building and development certification jf '1 \...< Expected rental rate per rentable square metre, fully serviced, per month (Price indicated here is for indicative purposes only and is not binding in anyway) being within the confines of the locality of Melliel\a/St Pauls Bay, in close proximity to the Primary School of Melliel\a/ St Pauls Bay; shall offer at least five but not exceeding 6 teaching classes/areas; shall offer spaces that are compliant with regulations established by law as far as lighting, hygiene and other school-related issues as per S.l. 327.12 amonst others; (vide Appenix 1) shall be available for occupancy from the 15th of September 2015 to the 30 June 2016; shall have independent entrance from public road; shall have installed the necessary security features; shall have adequate electrical, telecommunication and internet installations; l'' shall be free from risks of flash-flood. • shall comply with the Malta Environment and Planning Authority (MEPA) regulations; and Safety accessibility shall be in accordance with the approved Final Compliance Certificate and plans. • shall meet the requirements of the "General Provisions for the Health and Safety at Work Places Regulation, 2003" Cap 424; Other considerations shall comply with the provisions of the Equal Opportunities (Persons with Disability) Act. • all types of premises which are in accordance with All the basic mandatory requirements and which have the necessary MEPA permits may be considered; • premises must be available for inspection by not later than one week of publication of this notice; a period of use of premises for one (1) year, with an option to renew for a further periods Is being considered. l' Page 6 rr tJ 5. Multiple Expressions of Interest 5.1 A Bidder may submit multiple Request for Proposals offers. 5.2 A company may not submit a Request for Proposals for a given contract both individually and as a partner In a joint venture/consortium. 0 n ' ! LJ 6. Request for Proposals Expenses 6.1 The Bidder will bear all costs associated with the preparation and submission of the Request for Proposals. 6.2 The Contracting Authority will neither be responsible for, nor cover, any expenses or losses incurred by the Bidder through site visits and inspections or any other aspect of his Request for Proposals. B. REQUEST FOR PROPOSALS DOCUMENTS 7. Content of Request for Proposals Document 7.1 The set of Request for Proposals documents comprises the following documents and should be read In conjunction with any clarification notes issued in accordance with Clause 21: Instructions to Bidders i Mandatory Criteria Drawings /plans 7.2 ' ~ ;.,.,;: 't•" ; "'-,_ 7.3 Bidders bear sole liabHity for examining with appropriate care the Request for Proposals documents, Including those design documents available for inspection, and any clarification notes to the Request for Proposals documents issued during the clarification period, and for obtaining reliable information with respect to conditions and obligations that may in any way affect the amount or nature of the Request for Proposals or the execution of the works. In the event that the Bidder Is successful, no claim for alteration of the Request for Proposals amount will be entertained on the grounds of errors or omissions in the obligations of the Bidder described above. ,, The Bidder must provide all documents required by the provisions of the Request for Proposals document. All such documents, without exception, must comply strictly with these conditions and provisions and contain no alterations made by the Bidder. 8. Explanations/Clarification Notes Concerning Request for Proposals Documents 8.1 8.2 !j u ~I Bidders may submit questions in writing to the Contracting Authority through: sending an email to as indicated in dates listed in article 2 ·Timetable Questions and answers, and alterations to the Request for Proposals document will be published as a clarification note and circulated to all bidders. Clarification notes will constitute an integral part of the Request for Proposals documentation, and it is the responsibility of Bidders to be aware of the latest ,, Page 7 Information prior to submitting their Request for Proposals, 8.3 The Contracting Authority may, at its own discretion, as necessary and in accordance with Clause 22, extend the deadline for submission of Expressions of Interest to give Bidders sufficient time to take clarification notes into accou11t when preparing their Expressions of Interest. 9. Labour Law n u 9.1 n' ' Particular attention Is drawn to the conditions concerning the employment of labour in Malta and the obligation to comply with all regulations, rules or instructions concerning the conditions of employment of any class of employee. ~. n u 10. Law 10.1 By submitting their Request for Proposals, Bidders are accepting that this procedure is regulated by Maltese Law, and are deemed to know all relevant laws, acts and regulations of Malta that may in any way affect or govern the operations and activities covered by the Request for Proposals and the resulting contract. C. REQUEST FOR PROPOSALS PREPARATION 11. Language of Expressions of Interest 11.1 The Request for Proposals and aU correspondence and documents related to the Request for Proposals exchanged by the Bidder and the Contracting Authority must be written In English. Supporting documents furnished by the Bidder may be in another language, provided they are accompanied by an accurate translation into English. For the purposes of interpretation of the Request for Proposals, the English language will prevail. 12. Presentation of Request for Proposals 14.1 c Requests for Proposals must satisfy the following conditions: All Requests for Proposals must be submitted in one original, clearly (a) marked "original", and one identical copy (including all documentation as In the original) signed in the same way as the original and clearly marked "copy". (b) Both documents are to be separately sealed and placed In another sealed envelope/package so that the Request for Proposals can be identified as one Request for Proposals submission. Following the Request for Proposals opening session, the copy shall be kept, unopened, at the Ministry for Education and Employment, for verification purposes only should the need arise. (c) All Request for Proposals must be received by date and time indicated in the timetable at Clause 2 and deposited in the Tender box at the Procurement section (Rm 266) at the Ministry for Education and Employment Education Building Great Siege Road Valletta VLT 2000. (d) All packages, as per (b) above, must bear only: (i) the above address; (ii) the reference of the Invitation to Request for Proposals concerned; (iii) the name of the Bidder. Page 8 13. Content of Request for Proposals 13.1 f1 The Request for Proposals must comprise the following duly completed documents, inserted in a single, sealed envelope (unless their volume requires a separate submission: u' ; (i) • Request for Proposals Form Volume 1 section 2 Building name and address • Locality • Proof of ownership- Copy of contract • Total number of areas available and their total square meterage • Buidling plan certified by warranted Architect n • Certification by a warrented achitect that the building offed is structurally safe J ! . u • Certification by the Health Authorities that the space offered is fit for habita tlon • Declaration that space will be available free and unencumbered from 15 September 2015 to 30 June 2016 • Copy of MEPA Final Complinace Certificate • Expected rental rate per rentable square metre, fully serviced, per month (Price indicated here is for indicative purposes only and is not binding in anyway) nq \..c Bidders must indicate where the above documentation is to be found in their offer by using an index. All documentation is to be securely bound/filed. Bidders are NOT required NOR expected to submit, with their offer, any components of the Request for Proposals document except those specifically mentioned in Clause 16. ,, ; ' 14. Request for Proposals Prices 14.1 Bidders will be deemed to have satisfied themselves, before submitting their Request for Proposals, to Its correctness and completeness, to have taken account of all that is required for the full and proper performance of the contract, and to have included aU casts in their rates and prices. 14.2 The Request for Proposals must be submitted in Euro (€). 14.3 Bidders must quote all components of the price inclusive of taxes and any discounts. Bidders not registered with the VAT authority in Malta, must still include in their financial offer any VAT that the contracting authority may have to pay either In Malta or the country where the Bidder is registered Irrespective of the reverse charge mechanism. The financial offer will be considered as the total financial cost to tthe Contracting Authority including any VAT that may have to be paid not through the winning Bidder. Except as may otherwise be provided for in the contract, no payment will be made for items which have not been casted. 14.4 Different options are to be clearly identifiable in the technical and financial submission; a separate Request for Proposals Form (as per Volume 1, Section 2) marked 'Option 1 ', 'Option 2' etc. for each individual option clearly outlining the price of the relative option is to be submitted. r \_ ,, i,__;i Page 9 14.6 q L n u The prices for the contract must include all of the works to be provided. The prices quoted are fixed and not subject to revision or escalation in costs, unless otherwise provided for in the Special Conditions. 15. Currencies of Request for Proposals and Payments 15.1 The currency of the Request for Proposals is the Euro (€). 16. Period of Validity of Expressions of Interest 16.1 Expressions of Interest must remain valid for a period of 90 days after the deadline for submission of Expressions of Interest indicated in the contract notice, the Request for Proposals document or as modified in accordance with Clauses 11.3 and/or 24. Any Bidder who quotes a shorter validity period will be rejected. 16.2 In exceptional circumstances the Contracting Authority may request that Bidders extend the validity of Request lor Proposals for a specific period. Such requests and the responses to them must be made in writing. 17. Request for Proposals Guarantee (Bid Bond) 17.1 No Request for Proposals guarantee (bid bond) is required. !' '1 18. Variant Solutions 18.1 No variant solutions wm be accepted. Bidders must submit a. Request for Proposals in accordance with the requirements of the Request for Proposals document. 19. Preparation and Signing of Request for Proposals 19.1 AU Requests for Proposals must be submitted in one original, clearly marked "original", and one identical copy (including all documentation as in the original) signed in the same way as the original and clearly marked "copy". Requests for Proposals must comprise the documents specified in Clause 13 above. '' It is the responsibility of the Bidders to ensure that both the original and the copy are an identical representation of one another. 19.2 The Bidder's submission must be typed in, or handwritten in indelible ink. Any pages on which entries or corrections to his submission have been made must be initialled by the person or persons signing the Request for Proposals. All pages must be numbered consecutively by hand, machine or in any other way acceptable to the Contracting Authority. 19.3 The Request for Proposals must contain no changes or alterations, other than those made in accordance with Instructions Issued by the Contracting Authority (issued as clarification notes) or necessitated by errors on the part of the Bidder. In the latter case, corrections must be initialled by the person signing the Request for Proposals. 19.4 The Request for Proposals will be rejected if it contains any alteration, tampering, addition or deletion to the Request for Proposals documents not if :' ;! ~" n "".J :' ,_j Page 10 specified in a clarification note Issued by the Contracting Authority. ,_, i~ L'!' "'j' "i''' D. SUBMISSION OF REQUEST FOR PROPOSALS LJ 20. Sealing and Marking of Request for Proposals [I 40.1 0 ll ·The Requests for Proposal must be submitted In English and deposited In the Ministry's Tender box before the deadline specified in Clause 2 or as otherwise specified In accordance with Clause 8.1 and/or 21. 1. They must be submitted: EITHER by recorded delivery (official postal/courier service) or hand delivered to: Operations Department Procurement Section (Rm266) Education Building Great Siege Road Floriana VLT 2000 . .,.-, '' l' l L} Expressions of Interest submitted by any other means will not be considered. 20.2 Bidders must seal the original and the copy of their Request for Proposals as outlined in Clause 12. 20.3 If the outer envelope Is not sealed and marked as required In Sub clause 12, 1, the Contracting Authority will assume no responsibility for the misplacement or premature opening of the Request for Proposals. 21. Extension of Deadline for Stlbmission of Request for Proposals 21.1 The Contracting Authority may, at Its own discretion, extend the deadline for submission of Request for Proposals by issuing a clarification note in accordance with Clause B. In such cases, all rights and obligations of the Contracting Authority and the Bidder regarding the original date specified in the contract notice will be subject to the new date. 22. Late Request for Proposals 22.1 All Requests for Proposals received after the deadline for submission specified in the contract notice or these instructions will be kept by the Contracting Authority .. 22.2 No liability can be accepted for late delivery of Request for Proposals. late Request for Proposals will be rejected and will not be evaluated. r! tJ 23. Alterations and Withdrawal of Request for Proposals 23.1 Bidders may alter or withdraw their Request for Proposals by written notification prior to the deadline for submission of Request for Proposals. No Request for Proposals may be altered after the deadline for submission. Any notification of alteration or withdrawal must be prepared, sealed, marked and submitted in accordance with Clause 20, and the envelope must also be marked with "alteration" or "withdrawal". 23.3 The withdrawal of a Request for Proposals in the period between the deadline Page 11 for submission and the date of expiry of the validity of the Request for Proposals witt result In forfeiture of the Request for Proposals guarantee provided for in Clause 17. rr u 1 ' E. OPENING AND EVALUATION OF OFFERS 24. Opening of Request for Proposals 24. j Request for Proposals wilt be opened in public session on the date and time indicated in the timetable at Clause 2 (or as otherwise specified in accordance with Clause 8.1 and/or 21.1) at the Procurement Section, (Rm 266), Operations Department, Education Building, Great Siege Road, Ftoriana VLT 2000 Malta by the Department's opening staff. They will draw up a •summary of Requests for Proposals Received' which will be published on the notice board of the Contracting Authority. 24.2 At the Request for Proposals opening, the Bidders· names, written notification of alterations and withdrawals, and any other information the Contracting Authority may consider appropriate will be published 24.3 Envelopes marked "withdrawal"' witt be read out first and returned to the Bidder. 24.4 Reductions or alterations to Request for Proposals prices made by Bidders after submission wiU not be taken into consideration during the analysis and evaluation of Request for Proposals. i'"! .i r' u 25. Secrecy of the Procedure Z5.1 After the opening of the Requests for Proposals, no information about the examination, clarification, evaluation or comparison of Request for Proposals or decisions about the contract award may be disclosed before the notification of awards. ZS.i Information concerning checking, explanation, opinions and comparison of Request for Proposals and recommendations concerning the award of contract, may not be disclosed to Bidders or any other person not officially involved in the process unless otherwise permitted or required by law. 25.3 Any attempt by a Bidder to approach any member of the Evaluation Committee/Contracting Authority directly or indirectly during the evaluation period will be considered legitimate grounds for disqualifying his Request for Proposals. ~ ' 26. Clarification of Request for Proposals Z6. j When checking and comparing Request for Proposals, the evaluation committee may, after obtaining approval from the Permanent Secretary MEDE , ask a Bidder to clarify any aspect of his Request for Proposals. 26.1 Such requests and the responses to them must be made by e·mail or fax. They may In no circumstances alter or try to change the price or content of the Request for Proposals, except to correct arithmetical errors discovered by the evaluation committee when analysing Request for Proposals , In accordance with Clause 31 . Page 12 '' . ' !""A ! }· LJ 0 0 27. Request for Proposals Evaluation Process 27.1 The following should be read In conjunction with Clause 24. 27.2 Part 1: Compliance with Mandatory Criteria The Evaluation Committee will check the compliance of Request for Proposals with the instructions given in the Request For Proposals document, and In particular the docurnentaLion submitted in respect of Clause 4 & 13. f] l : 0 n tuf Part 2: Those bids that satisfy the mandatory criteria listed in the document will be contacted by the evaluation Committe to conduct an on site visit of the premises to further asses Its suitability. Part 3: On concluding their evaluation the Evaluation Committee will submit a report of their recommendation to DG Operations. Part 4: The successful bidder will be informed by DG Operations and invited to enter into an agreement with MEDE on the basis of the selected bid. The unsuccessful bidders will be informed In writing and the following information will be provided to them. The name of the successful bidder, the price of the successful bid, the reason why their bid was not successful. r; w n 'i; Page 13 u ' f u 0 n u 28. Right of the Contracting Authority to Accept or Reject Any Request for Proposals 28.1 The Contracting Authority reserves the right to accept or reject any Request far Proposals and/or to cancel the whole Request for Proposals procedure and reject all Request for Proposals. The Contracting Authority reserves the right to initiate a new invitation to Request for Proposals. 28.! In the event of a Request for Proposals procedure's cancellation, Bidders will be notified by the Contracting Authority. If the Request for Proposals procedure is cancelled before the outer envelope of any Request for Proposals has been opened, the sealed envelopes will be returned, unopened, to the Bidders. 28.3 Cancellation may occur where: (a) the Request for Proposals procedure has been unsuccessful, namely where no qualitatively or financially worthwhile Request for Proposals has been received or there has been no response at all; (b) the economic or technical parameters of the project have been fundamentally altered; (c) exceptional circumstances or force majeure render normal performance of the project Impossible; (d) all technically compliant Expressions of Interest exceed the financial resources available; (e) there have been irregularities in the procedure, in particular where these have prevented fair competition. In no circumstances will the Contracting Authority be liable for damages, whatever their nature (in particular damages for loss of profits) or relationship to the cancellation of a Request for Proposals, even if the Contracting Authority has been advised of the possibility of damages. The publication of a contract notice does nat commit the Contracting Authority to implement the programme or project announced. ~' 29. Notification of Award, Contract Clarifications 29.1 Prior to the expiration of the period of validity of Request for Proposals, the Contracting Authority will notify the successful Bidder, in writing, that his Request for Proposals has passed the manadatory criteria and is being considered 29.2 Unsuccessful Bidders shall be notified with the outcome of the evaluation process, and wfll be provided the following information: (i) the criteria for award; (ii) the name is of the successful Bidder is (iii) the reasons why the Bidder did not meet the technical specifications 29.3 The recommendations shall be published on the Notice Board of the Contracting Authority of the Procurement Section Rm 266. i" 1! .Lf·' J Page 14 G. MISCELLANEOUS ""-' u i '· 0 n l-3 30. Ethics Clauses 30.1 Any attempt by a Bidder to obtain confidential information, enter into unlawful agreements with competitors or influence the committee or the Contracting Authority during the process of examining, clarifying, evaluating and comparing Expressions of Interest will lead to the rejection of his Request for Proposals and may result in administrative penalties. 30.3 When putting forward a Request for Proposals, the Bidder must declare that he is affected by no potential conflict of interest, and that he has no particular link with other Bidders or parties involved in the project. 30.10 The Request for Proposals(s) concerned will be rejected or the contract terminated if it emerges that the award or execution of a contract has given rise to unusual commercial expenses. Such unusual commercial expenses are commissions not mentioned in the main contract or not stemming from a properly concluded contract referring to the main contract, commissions not paid In return for any actual and legitimate service, commissions remitted to a tax haven, commissions paid to a recipient who Is not clearly identified or commissions paid to a company which has every appearance of being a front company. n ~ 1 lJ 31. Data Protection and Freedom of Information n 31.1 Any personal data submitted in the framework of the procurement procedure and/or subsequently included in the contract shall be processed pursuant to the Data Protection Act (2001). It shall be processed solely for the purposes of the performance, management and follow-up of the procurement procedure and/or subsequent contract by the Contracting Authority/Contracting Authority without prejudice to possible transmission to the bodies charged with a monitoring or inspection task In conformity with National and/or Community law. 31.2 The provisions of this contract are without prejudice to the obligations of the Contracting Authority in terms of the Freedom of Information Act (Cap. 496 of the Laws of Malta). The Contracting Authority, prior to disclosure of any Information in relation to any provisions of this contract which have not yet been made public, shall consult the contractor in accordance with the provisions of the said Act, pertinent subsidiary legislation and the Code of Practice issued pursuant to the Act. Such consultation shaH in no way prejudice the obligations of the Contracting Authority in terms of the Act. ' t .' ' ! I r, 0 '' Page 15 VOLUME 1 SECTION 2 - REQUEST FOR PROPOSALS FORM n u 0 (A separate, distinct Request for Proposal Form must be submitted for EACH OPTION- if applicablesubmitted) Publication reference: MEDE 369/2015 <> n L. A. REQUEST FOR PROPOSALS SUBMITTED BY: In case of a Joint Venture/Consortium: Name(s) of Leader/Partner(s) Leader (Tilfs wfll be Included In th!: Summary Call far Proposals Nationality Rec~tfved) Proportion of Responsibilities' >:" Partner Etc ... T. Add!detete additional tines for partners as- appropriate. Note that a sub· contractor Is not considered to be- a partner for the purposes of this Request for Proposats, If this Request for Proposals is being submitted by an individual Bidder, the name of the Bidder should be entered as 'leader' (and aU other tines should be deleted) 2. Proposed proportion of responsfbiUtres between partners (In %) with lndfcation of the type of the works to be performed by each partner (the company acting as the lead partner in a jo{nt venture/consortium, they must have the ability to carry out at \east 50% of the contract works by Its own means. If a company fs another partner fn a Joint venture/consortium (i.e. not the le'id partner) it must have the abftity to .carry out at least 10% of the contract works by its own means). ' B CONTACT PERSON (for this Request ior Proposals) Name _______ ~ Surname )_______ Telephone (__) Address ............................................................................................................... fax <-·~·· E·mail "1 j. ....!. ··~ l Page 16 ' C BIDDER'S DECLARATION(S) To be completed and signed by the Bidder (including each partner in a consortium). In response to your letter of Invitation to Request for Proposals for the above contract, we, the undersigned, hereby declare that: 1 We have examined, and accept In full and in Its entirety, the content of this Request for Proposals document (Including subsequent Clarifications Notes issued by the Contracting Authority) for Invitation to Request for Proposals No [ I ] of[ ....../ ...... / ...... ]. We hereby accept the contents thereto In their entirety, without reservation or restriction. We also understand that any disagreement, contradiction, alteration or deviation shall lead to our Request for Proposals offer not being considered any further. 2 We offer to provide, in accordance with the terms of the Request for Proposals document and the conditions and time limits laid down, without reserve or restriction, the following building: 3 The expected rate per sq meter of rentable area per month of our Request for Proposals (inclusive of duties, YAT, other taxes and ariy discounts) is .....................................................................The price Is only requested for Indicative purposes and is not binding in anyway, 4 This Request for Proposals is valid for a period of 90 days from the final date for submission of Request for Proposals. 5 We are making this application in our own right and [as partner in the consortium led by < name of the leader I ourselves >] for this Request for Proposals Request for Proposals We confirm that we are not submitting a bid for the same contract in any other form. [We confirm, as a partner in the consortium, that all partners are jointly and severally !fable by law for the performance of the contract, that the lead partner Is authorised to bind, and receive instructions for and on behalf of, each member, and that all partners in the joint venture/consortium are bound to remain in the joint venture/consortium for the entire period of the contract's performance]. We are fully aware that, in the case of a consortium, the composition of the consortium cannot be modified in the course of the Request for Proposals procedure. 6 We are not bankrupt or under an administration appointed by the Court, or under proceedings leading to a declaration of bankruptcy. We also dedare that we have not been convicted criminally, or found guilty of professional misconduct. Furthermore, we are up·to·date in the payment of social secl~rity contributions and other taxes. 7 We accept that we shall be excluded from participation in the award of this Requ,.st for Proposals if compliance certificates In respect of declarations made under Clause 7 of this declaration are not submitted by the indicated dates. 8 We agree to abide by the ethics clauses of the instructions to Bidders and, in particular, have no potential conflict of interests or any relation with other candidates or other parties in the Request for Proposals procedure at the time of the submission of this application. We have no interest of any nature whatsoever in any other Request for Proposals in this procedure. We will inform the Contracting Authority Immediately if there is any change in the above circumstances at any stage during the implementation of the contract. We also fully recognise and accept that any false, inaccurate or incomplete information deliberately provided In this application may result in our exclusion from this and other contracts funded by the Government of Malta and the European Communities. f1 u n u [1 r 9 10 Our Request for Proposals submission has been made in conformity with the Instructions to Bidders, and in this respect we confirm having Included in the appropriate packages as required, the following documentation: Request for Proposals Form Volume 1 section 2 • Building name and address • Locality • Proof of ownership- Copy of contract • Total number of areas available • Buidlfng plan certified by warranted Architect • Declaration that space will be available free and unencumbered from 15 September 2015 to 30 June 2016 • Copy of MEPA Final Compliance Certificate Page 17 i '' 12 I acknowledge that the Contracting Authority may request clarifications In respect to the documentation listed In Clause 10 of this form. No rectifications will be allowed. 13 We note that the Contracting Authority is not bound to proceed with this invitation to Request for Proposals and that it reserves the right to cancel or award only part of the contract. It will incur no liabiiity towards us should It do so. Name and Surname: p Ll ~. u \ l I. D. I Passport Number: Signature of Bidder: Duly authorised to sign this Request for Proposals on behalf of: Company/Lead Partner VAT No: (if applicable) Stamp of the firm/company: Place and date: ,, (1 . i! Ut .. \~, ' i I' Page 18 '' 5- Power of Attorney (if applicable) !"'7 I! u f1 L1· Please attach here the power of attorney empowering the signatory of the Request for Proposals and all related documentation. ' f ' i Signature: (thE' person or persons authorised to si9n on behalf of the Bidder) Date: p '' I I "-.! '' Page 19 6 -Data on Joint Venture/ Consortium (if applicable) n Ll 1 Name ..................................................................... 2 Managing Board's Contact Details qu Address: .......................................................... ··························································· ························ Fax: ........................ Emait: ............................................................. Telephone: 3 4 5 6 Agency In the state of the Contracting Authority, if any (In the case of a Joint Venture/Consortium with a foreign lead partner) Address: .......................................................... >>+••······· .. ······ ....................................... Telephone: ........................ Fax: ........................ Email: ............................................................. (I) ....................................................... (II) ....................................................... (Iii) ....................................................... (iv) ······················································· Names of Partners Name of lead Partner I ........................................................ • ................................................... Proposed proportion of responsibilities between partners {In %) with lndicatlon of the type of the works to be performed by eacn• • The company acting as the lead partner In a joint venture/consortium, they must have Ihe ability to cany out al least 50% of the contract works by its own means. if a company Is another partner in a joint venture/consortium (i.e. not the lead partner) it mu,sl have lhe ability lo car~ out at least 10% of the contract works b its own means n ~J ............................................. •••••. % ............................................. ............................................. ...... % ............................................. . .... ,/0 ..... %· ~ Signature: ............................................................ . (the person ar persons authOrised to sign on behalf of the Bidder) Date: ' ... Agreement governing the formation of the Joint Venture/Consortium (Enclose Joint Venture/ Consortium Agreement) Date of Signature: Place of Signature: .................................................. 7 ~ ............................................................. Page 20 8- Dec/a ration Confirming Validity of Offer r''l u It is hereby being declared that 1/we will bind ourselves to keep this offer valid for a period of 1 year starting from date of Award of Contract. We also bind ourselves to keep the prices fixed for such period. n n u Ll Signature: (the person or persons authorised to sign on behalf of the bidder) Date: r, I, !J Page 21 VOLUME 1 SECTION 5 - GLOSSARY il I l u n u Definitions Note: the present definitions are given here for convenience only, in the context of the EO/ procedure. The definitions set out In the contract as concluded are dotermlnlng lor the relations between the parties to the contract. Administrative order: Any instruction or order issued by the Project Manager to the Contractor in writing regarding the execution of the contract. Breakdown of the overall price for each individual lot: A heading-by-heading list of the rates and costs making up the price for each individual lot. Contracting Authority: means the Ministry for Education and Employment Conflict of interest: (a) Any event influencing the capacity of a candidate, bidder or supplier to give an objective and impartial professional- opinion, or preventing him, at any moment, from .giving priority to the 'interests of the Contracting Authority. (b) Any consideration relating to possible contracts in the future or confUct with other commitments, past or present, of a candidate, bidder or supplier, or any conflict with his own interests. These restrictions also apply to subcontractors and employees of the candidate, bidder or supplier. contract value: The total value of the contract per lot to be paid by third parties (Parents/Legal Guardians) In terms of the agreed terms and conditions. Contractor: The successful bidder per lot, once all parties have signed the contracts. Day: Calendar day. Dayworks: Varied work Inputs subject to payment on an hourly basis for the Contractor's employees and plant. Defects Notification Period: The period stated in the contract immediately fallowing the date of provisional acceptance, during which the Contractor is required to complete the works and to remedy defects or faults as instructed by the Contracting Authority's representative. i' Drawings: Drawings provided by the Contracting Authority, and/or drawings provided by the Contractor and approved by the Contracting Authority, for the carrying out of the works. Contracting Authority's representative: Any natural or legal person, designated by the Contracting Authority as such under the contract, and empowered to represent the Contracting Authority in the performance of his functions, and in exercising such rights and/or powers as have been delegated to him. Equipment: Machinery, apparatus, components and any other articles intended for use in the works. Evaluation Committee: a committee made up of an odd number of voting members (at least three) appointed by the Contracting Authority and possessing the technical, linguistic and administrative capacities necessary to give an informed opinion on the Request for Proposals and conduct the necessary negotiations with the bidders leading to a recommendation/s for the award of the contract/s to the Permanent Secretary on behalf of the Contracting Authority. t' . ' '' Final Beneficiary: Third parties (consumers) Foreign Currency: Any currency permissible under the applicable provisions and regulations other than the Euro, which has been indicated in the Request for Proposals. General Conditions: The general contractual provisions setting out the administrative, financial, legal and technical clauses governing the execution of contracts. General Damages: The sum not stated beforehand in the contract, which is awarded by a court or an arbitration tribunal, or agreed between the parties, as compensation payable to an injured party for a breach of the contract by the other party. In Writing: This includes any hand-written, typed or printed communication, including fax transmissions and electronic mail (e-mail). Page 22 J Liquidated Damages: The sum stated in the contract as compensation payable by the Contractor to the Contracting Authority for faffure to complete the contract or part thereof within the periods under the contract, or as payable by either party to the other for any specific breach identified in the contract. Modification: An instruction given by the Contracting Authority which modifies the works. National Currency: The currency of the country of the Contracting Authority. '1 lJ Period: A period begins the day after the act or event chosen as its starting point. Where the last day of a period is not a working day, the period expires at the end of the next working day. Plant: Appliances and other machinery, and, where applicable under the law and/or practice of the state of the Contracting Authority, the temporary structures on the site required to carry out the works but excluding equipment or other Items required to form part of the permanent works. · Project Manager: The legal or natural person responsible for monitoring the execution of the contract on behalf of the Contracting Authority. Provisional Sum: A sum included in the contract and so designated for the execution of works or the supply of goods, materials, plant or services, or for contingencies, which sum may be used in whole or in part, or not at all, as instructed by the Contracting Authority. Site: The places provided by the Contracting Authority where the works are to be carried out/supplies to be delivered and other places stated in the contract as forming part of the site. Special Conditions: The special conditions laid down by the Contracting Authority as an integral part of the Request for Proposals document, amplifying and supplementing the general conditions, clauses specific to the contract and the terms of reference (for a service contract) or technical specifications (for a supply or works contract). Supervisor: The legal or natural person responsible for administering the contract on behalf of the Contracting Authority. Request for Proposal Document/s: The dossier compiled by the Contracting Authority and containing all the documents needed to prepare and submit an EOI. Request for Proposal Price: The sum stated by the bidder in his Request for Proposal for carrying out the contract. '' Works: Works of a permanent or temporary nature executed under the contract. Written Communications: Certificates, notices, orders and Instructions issued in writing under the contract. 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