3d tender final versionjm

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Archaeotur Project

Closing Date:

Date Published:

SUBJECT:

Service Tender for 3D and 3600 Panoramic Documentation at StAugustine’s Catacombs, Triq Hal Bajada, Rabat.

Tender Document:

The cost of this tender dossier is € 50

INTERREG Italia - Malta – Cohesion Policy 2007 - 2013)Strengthening the attractiveness and the competitiveness of the cross-

border area within a framework of environmental sustainabilityAxis 1.3 Contributing to the improvement of the integrated tourist offer

in the cross-border area.This project is part-financed by the European Union

European Regional Development Fund (ERDF)Co-financing rate: 85% EU Funds; 15% National Funds

Investing in your future

IMPORTANT:

• Tenderers are to ensure that the offer is to remain valid up to 150 days after

submission.

MTA / 797 / 2011



Malta Tourism AuthorityAuberge d’Italie, Merchants Street, Valletta.

SERVICE TENDER

Table of Contents

Table of Contents...........................................................................................2

VOLUME 1 SECTION 1 – INSTRUCTIONS TO TENDERERS..............................................5

A. GENERAL PART...........................................................................................5

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

2. Timetable ............................................................................................... 5

3. Lots ......................................................................................................5

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

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

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

Qualifications and Skills of Key expert ................................................................7

...............................................................................Error! Bookmark not defined. General Professional Experience .....................................Error! Bookmark not defined. Specific professional experience .....................................Error! Bookmark not defined.

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

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

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

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

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

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

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

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

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

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

16. Content of Tender (Single-Envelope System) ...................................................10 17. Tender Prices ........................................................................................11

18. Currencies of Tender and Payments..............................................................12

19. Period of Validity of Tenders ......................................................................12

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

21. Variant Solutions ....................................................................................12

22. Preparation and Signing of Tenders ..............................................................12

D. SUBMISSION OF TENDERS ............................................................................ 13

23. Sealing and Marking of Tenders ...................................................................13

24. Extension of Deadline for Submission of Tenders...............................................13

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

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

E. OPENING AND EVALUATION OF OFFERS........................................................... 14

27. Opening of Tenders .................................................................................14



28. Secrecy of the Procedure ..........................................................................14

29. Clarification of Tenders ............................................................................14

30. Tender Evaluation Process .........................................................................14

31. Correction of Arithmetical Errors .................................................................15

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

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

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

34. Notification of Award, Contract Clarifications..................................................16

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

36. Commencement of Services .......................................................................17

G. MISCELLANEOUS ....................................................................................... 17

37. Ethics Clauses........................................................................................17

38. Data Protection and Freedom of Information...................................................18

39. Gender Equality .....................................................................................18

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

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

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

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

3.1 Statement on Exclusivity and Availability .......................................................25 4. Literature/List of Samples ..........................................................................26

VOLUME 1 SECTION 5 – GLOSSARY..................................................................... 27

VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC PROCUREMENT REGULATIONS ....... 29

Part XII - Separate packages in tender offer...................... Error! Bookmark not defined. Part XIII - Appeals........................................................................................29

VOLUME 2 SECTION 1 – DRAFT CONTRACT FORM................................................... 30

VOLUME 2 SECTION 2 – GENERAL CONDITIONS ...................................................... 32

VOLUME 2 SECTION 3 – SPECIAL CONDITIONS........................................................ 33 Article 2: Notices and Written Communications .......................................................................... 33 Article 5: Supply of Information.............................................................................................. 33

Article 6: Assistance with Local Regulations............................................................................... 33 Article 7: Obligations of the Contractor ....................................................................................33 Article 13: Medical, Insurance and Security Arrangements ............................................................. 33 Article 14: Intellectual and Industrial Property Rights...................................................................33 Article 15: Scope of the Services............................................................................................. 33 Article 16: Personnel and Equipment ....................................................................................... 33 Article 18: Execution of the Contract....................................................................................... 34 Article 19: Delays in Execution............................................................................................... 34 Article 20: Amendment of the Contract ....................................................................................34 Article 24: Interim and Final Progress Reports ............................................................................35

The consultant will also submit a yearly report on the works carried out duringthe on-call visits. .........................................................Error! Bookmark not defined.

Article 26: Payments and Interest on Late Payment ..................................................................... 36

Article 27: Financial Guarantee .............................................................................................. 36 Article 28: Audit Certificate .................................................................................................. 37

VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE .................................. 38

VOLUME 2 SECTION 5 – SPECIMEN PREFINANCING PAYMENT GUARANTEE ..................... 39

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

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

2. Contract Objectives and Expected Results .......................................................41 2.1 - Overall Objectives ....................................................................................................... 41 2.2 - Specific Objectives....................................................................................................... 42



2.3 - Results to be Achieved by the Consultant ........................................................................... 42 3. Assumptions and Risks ...............................................................................43

3.1 - Assumptions Underlying the Project Intervention.................................................................. 43 3.2 – Risks ........................................................................................................................ 43

4. Scope of the Work ....................................................................................44 4.1 – General..................................................................................................................... 44 4.2 - Specific Activities ........................................................................................................ 45

The quarterly reports shall also include a section on the works carried out

during the on-call visits. ................................................Error! Bookmark not defined. 4.3 - Project Management..................................................................................................... 60

The Project Leader is supported by a Project Team of technical experts fromHeritage Malta............................................................................................. 61

5. Logistics and Timing..................................................................................61 5.1 – Location.................................................................................................................... 61 5.2 - Commencement Date & Period of Execution........................................................................ 61

6. Requirements..........................................................................................62 6.1 – Personnel .................................................................................................................. 62 6.2 – Accommodation .......................................................................................................... 62 6.3 - Facilities to be provided by the Consultant ......................................................................... 62 6.4 – Equipment ................................................................................................................. 63

7. Reports .................................................................................................63 7.1 - Reporting Requirements ................................................................................................ 63 7.2 - Submission & approval of progress reports .......................................................................... 64

8. Monitoring and Evaluation...........................................................................64 8.1 - Definition of Indicators.................................................................................................. 64 8.2 - Special Requirements ................................................................................................... 64

VOLUME 3 SECTION 2 – TENDERER’S TECHNICAL OFFER (ORGANIZATION &METHODOLOGY)........................................................................................... 65

VOLUME 4 - FINANCIAL BID.............................................................................. 66

VOLUME 5 – DRAWINGS .................................................................................. 67

List of drawings attached ...............................................................................67

List of design documents available....................................................................68

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



VOLUME 1 SECTION 1 – INSTRUCTIONS TO TENDERERS

A. GENERAL PART

1. General Instructions

1.1 In submitting a tender, the tenderer accepts in full and in its entirety, the content of thistender document, including subsequent Clarifications issued by the Contracting Authority,whatever his own corresponding conditions may be, which he hereby waives. Tenderersare expected to examine carefully and comply with all instructions, forms, contractprovisions and specifications contained in this tender document.

No account can be taken of any reservation in the tender as regards the tenderdocument; any disagreement, contradiction, alteration or deviation shall lead to thetender offer not being considered any further.

The Evaluation Committee shall, after having obtained approval by the DepartmentalContracts Committee , request rectifications in respect of incomplete/non-submitted

information pertinent to the documentation as outlined in sub-Clause 16.1(a), 16.1(b),and 16.1(c) of these Instructions to Tenderers. Such rectification/s must be submittedwithin two (2) working days from notification, and will be subject to a non-refundableadministrative penalty of €50: failure to comply shall result in the tender offer not beingconsidered any further.

No rectification shall be allowed in respect of the documentation as outlined in sub-Clause 16.1(d), 16.1(e) and 16.1(f) of these Instructions to Tenderers. Only clarificationson the submitted information in respect of the latter may be eventually requested.

1.2 This is a call for tenders for 3D and 3600 Panoramic Photographic documentation andpresentation of St Augustine’s Catacombs, Rabat. (refer to Terms of reference on pages 44-67)

1.3 This is a global price contract

1.4 The tenderer will bear all costs associated with the preparation and submission of the tender.The Contracting Authority will in no case be responsible or liable for such costs, whatever theconduct or outcome of the procedure.

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

2. Timetable

DATE TIME*

Clarification Meeting/Site Visit(Refer to Clause 9.1)

Wednesday 23rd November 2011(on site at St. Augustines, Triq HalBajjada, Rabat)

09:30

Deadline for request for anyadditional information from the

Contracting Authority

Friday 2nd December 2011 12:00

Last date on which additionalinformation are issued by theContracting Authority

Friday 9th December 2011 17:00

Deadline for submission of tenders /Tender Opening Session(unless otherwise modified in terms of

Clause 11.3)

Thursday 15th December 2011 10:00am

* All times Central European Time (CET)

3. Lots



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

4. Financing

4.1 The project is co-financed by the European Union, in accordance with the rules of theInterreg Italia – Malta Cohesion Policy, Axis 1.3 programme.

4.2 The beneficiary of the financing is Malta Tourism Authority.

5. Eligibility

5.1 Participation in tendering is open on equal terms to all natural and legal persons of theMember States of the European Union, the beneficiary country, any other country inaccordance with Regulation 76 of the Public Procurement Regulations.

5.2 Natural persons, companies or undertakings who fall under any of the conditions set out inRegulation 50 of the Public Procurement Regulations, 2010 (Legal Notice 296 of 2010) may beexcluded from participation in and the award of contracts. Tenderers or candidates who havebeen guilty of making false declarations will also incur financial penalties representing 10% of the total value of the contract being awarded.

5.3 Tenders submitted by companies forming a joint venture/consortium must also fulfil thefollowing 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 tender 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 jointventure/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.

5.4 All materials, equipment and services to be supplied under the contract must originate in aneligible country. For these purposes, "origin" means the place where the materials and/orequipment are mined, grown, produced or manufactured and/or from which services areprovided.

6. Selection Criteria

6.1 In order to be considered eligible for the award of the contract, tenderers must provideevidence that they meet or exceed certain minimum qualification criteria describedhereunder.

In the case of a joint venture, the joint venture as a whole must satisfy the minimumqualifications required below.

6.1.1 No evidence of economic and financial standing is required.

6.1.2 Information about the tenderer's technical capacity.

This information must follow the forms in Volume 1, Section 4 of the tender documents and

include:

• Evidence of relevant experience in carrying out services of a similar nature over thepast 3 years including the nature and value, as well as contracts in hand andcontractually committed. These shall be backed by relevant certificates of



satisfactory competence from the relevant beneficiaries.

The minimum number of projects of a similar scope/nature completed in the last 3years must be at least 3 in number, of which 1 directly related to an above /underground archaeological site.

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

by the tenderer.

• a description of the technical facilities used by the tenderer for ensuring quality and thetenderer’s study and research facilities;

• the educational and professional qualifications of the tenderer and, or those of hismanagerial staff and, in particular, those of the person or persons responsible for providing the services or managing the works.

• a statement of the tools, plant or technical equipment available to the tenderer for carrying out the contract; and

• certificates drawn up by official quality control institutes and agencies of recognised

competence attesting the conformity of products clearly identified by references tospecifications or standards.

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

The expert who has a crucial role in implementing the contract is referred to as the keyexpert. The expert shall select and set up the environmental monitoring devices,operate and maintain them, download and analyse data and compile related reports.

Key Expert 1 – Team Leader Qualifications and Skills of Key expert The Team Leader shall be qualified, to at least a first degree level (Level 6 –Malta Qualifications Council or equivalent), in a surveying related and/or

documentation related subject, capable of successfully undertaking a projectfrom concept to completion.

In view of the nature of the work, reporting and coordination, the expertmust be fully proficient in English.

General professional experienceThe Team Leader must posses no less than ten (10) years professionalexperience in the field of land surveying and/or architectural and/orarchaeological documentation, and has at least three (3) years experience inleading a team of experts in similar projects.

Specific professional experience

• The Team Leader must possess prior experience of underground sitesof historic, archaeological or natural value that require particularattention to conservation issues.

• S/he must show proven experience in undertaking similarprojects/assignments, in the past three (3) years, with particularrelevance to Cultural Heritage Sites, including (at least) oneunderground site.

• Experience should consist of not less than five (5) years experiencespecifically in the field of high-definition 3-D recording, supported bya portfolio of reports, photographs or any other relevantdocumentation in accordance with the template in Annex IV.

Key Expert 2 - Technician

Qualifications and skillsThe Technician shall be qualified to (at least) a diploma level (Level 4 – Malta



Qualifications Council or equivalent) in a surveying related and/ordocumentation and/or archaeology related subject and must have skills inphotogrammetry and/or laser-scanning and/or total-station surveying and/ordocumentation-quality photography.

In view of the nature of the work, reporting and coordination, the expertmust be fully proficient in English.

General professional experience

At least five (5) years hands-on experience in the field of land surveyingand/or architectural and/or archaeological documentation

Specific professional experience

• Experience should consist of not less than three (3) years experiencespecifically in the field of high-definition 3-D recording, supported bya portfolio of reports, photographs or any other relevantdocumentation in accordance with the template provided.

- The Key Expert/s shall be required to submit a curriculum vitae (as perattached template) including past experience, and a company profile,where applicable (refer to Clause 16 below).

- The Key Expert/s shall employ digital means for reporting (includingdrawings, etc.).

- Whenever required, the selected Key Expert/s shall be asked to attend anymeetings, presentations, etc., as requested by the Project Manager, duringthe contract period.

7. Only One Tender Per Tenderer

7.1 Submission or participation by a tenderer in more than one tender for a contract will resultin the disqualification of all those tenders for that contract in which the party is involved.

7.2 A company may not tender for a given contract both individually and as a partner in a jointventure/consortium.

7.3 A company may not tender for a given contract both individually/partner in a jointventure/consortium, and at the same time be nominated as a sub-contractor by any anothertenderer, or joint venture/consortium.

7.4 A company may act as a sub-contractor for any number of tenderers, and jointventures/consortia, provided that it does not participate individually or as part of a jointventure/consortium, and that the nominations do not lead to a conflict of interest, collusion,or improper practice.

7.5 Sub-contracting is only allowed for topographic and photographic surveys, if such aredeemed necessary and approved in the Organisation and Methodology report.

8. Tender Expenses

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

8.2 The Contracting Authority will neither be responsible for, nor cover, any expenses or lossesincurred by the tenderer through site visits and inspections or any other aspect of his tender.

9. Site Inspection

9.1 A clarification meeting/site visit will be held on the date and time indicated in Clause 2, atSt Augustine’s Catacombs, Triq Hal Bajada, Rabat, Malta, to answer any questions on the



tender document which have been forwarded in writing, or are raised during the samemeeting. Minutes will be taken during the meeting, and these (together with anyclarifications in response to written requests which are not addressed during the meeting)shall be posted online as a clarification note as per Clause 11.2.

Meetings/visits by individual prospective tenderers during the tender period other than thismeeting/site visit for all prospective tenderers cannot be permitted.

B. TENDER DOCUMENTS

10. Content of Tender Document

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

• General Conditions (available online fromwww.contracts.gov.mt/conditions)

• Special ConditionsVolume 3 Terms of ReferenceVolume 4 Model Financial Bid

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

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

11. Explanations/Clarification Notes Concerning Tender Documents

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

• sending an email to Patrick Attard on [email protected]

up to 13 calendar days before the deadline for submission of tenders. The ContractingAuthority must reply to all tenderers' questions, and amend the tender documents bypublishing clarification notes, up to at least 6 calendar days before the deadline forsubmission of tenders.

11.2 Questions and answers, and alterations to the tender document will be sent by email to allbidders. Clarification notes will constitute an integral part of the tender documentation, andit is the responsibility of tenderers to check these clarifications and be aware of the latestinformation sent prior to submitting their Tender.

11.3 The Contracting Authority may, at its own discretion, as necessary and in accordance withClause 24, extend the deadline for submission of tenders to give tenderers sufficient time totake clarification notes into account when preparing their tenders.

12. Labour Law

12.1 Particular attention is drawn to the conditions concerning the employment of labour in Maltaand the obligation to comply with all regulations, rules or instructions concerning theconditions of employment of any class of employee.

13. Law

13.1 By submitting their tenders, tenderers are accepting that this procedure is regulated by



Maltese Law, and are deemed to know all relevant laws, acts and regulations of Malta thatmay in any way affect or govern the operations and activities covered by the tender and theresulting contract.

C. TENDER PREPARATION

14. Language of Tenders

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

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

15. Presentation of Tenders

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

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

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

(c) All tenders must be received by date and time indicated in the timetable at Clause 2and deposited in the tender box at the First Floor / Procurement Department, MaltaTourism Authority, Auberge d’Italia, Merchants Street, Valletta.

(d) All package, as per (b) above, must bear only:(i) the above address;(ii) the reference of the invitation to tender concerned;(iii) the name of the tenderer.

16. Content of Tender (Single-Envelope System)

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

(a) No Bid bond is being requested.

(b) General/Administrative Information(Note 2)

(i) n/a(ii) Statement on Conditions of Employment (Volume 1, Section 4)

Selection Criteria

(b) Financial and Economic Standing(Note 2)

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

(c) Technical Capacity (Note 3)

(i) Experience as Contractor (Volume 1, Section 4)

(ii) Personnel (Key Experts) to be employed on contract (Volume 1, Section 4) asper section 6.1.2 of the Selction Criteria. Full CVs of the key experts must beincluded in this tender document. Signed Declarations of Exclusivity and

Availability for each key expert and covering the entire duration of works mustbe submitted with this tender.

(iii) a description of the technical facilities used by the tenderer for ensuring qualityand the tenderer’s study and research facilities;



(iv) the educational and professional qualifications of the tenderer and, or those of his managerial staff and, in particular, those of the person or personsresponsible for providing the services or managing the works.

(v) a statement of the tools, plant or technical equipment available to the tenderer for carrying out the contract; and

(vi) certificates drawn up by official quality control institutes and agencies of

recognised competence attesting the conformity of products clearly identifiedby references to specifications or standards.

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

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

● Rationale● Strategy● Timetable of Activities

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

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

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

(ii) A financial bid in the form provided in Volume 4.

A diskette or CD-ROM containing the electronic version (pdf) of the technical offer mustbe included with the printed version of the same technical offer. In case of anydiscrepancies between the electronic version and the original, printed version, the latterwill prevail.

Notes to Clause 16.1:

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

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

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

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

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

17. Tender Prices

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

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

17.3 Tenderers must quote all components of the price inclusive of taxes, customs and importduties, and any discounts. Except as may otherwise be provided for in the contract, nopayment will be made for items which have not been costed.

17.4 Different options are to be clearly identifiable in the technical and financial submission; aseparate Tender Form (as per Volume 1, Section 2) marked ‘Option 1’, ‘Option 2’ etc.for each individual option clearly outlining the price of the relative option is to be



submitted.

17.5 If the tenderer offers a discount, the discount must be absorbed in the rates of the FinancialStatement.

17.6 For contracts over €500,000, where VAT is not an eligible cost, and whose output VAT isliable to be paid in Malta, such VAT will be paid directly to the VAT Department in Malta bythe Final Beneficiary.

17.7 The prices for the contract, must include all of the works to be provided. The prices quotedare fixed and not subject to revision or escalation in costs, unless otherwise provided for inthe Special Conditions.

18. Currencies of Tender and Payments

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

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

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

19. Period of Validity of Tenders

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

19.2 In exceptional circumstances the Contracting Authority may request that tenderers extend

the validity of tenders for a specific period. Such requests and the responses to them mustbe made in writing. If the tenderer decides to accede to the extension, he may not modifyhis tender.

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

20. Tender Guarantee (Bid Bond)

20.1 No Bid bond is being requested.

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

the requirements of the tender document.

22. Preparation and Signing of Tenders

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

It is the responsibility of the tenderers to ensure that both the original and the copy are anidentical representation of one another.

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



22.3 The tender must contain no changes or alterations, other than those made in accordancewith instructions issued by the Contracting Authority (issued as clarification notes) ornecessitated by errors on the part of the tenderer. In the latter case, corrections must beinitialled by the person signing the tender.

22.4 The tender will be rejected if it contains any alteration, tampering, addition or deletion tothe tender documents not specified in a clarification note issued by the ContractingAuthority.

D. SUBMISSION OF TENDERS

23. Sealing and Marking of Tenders

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

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

First Floor / Procurement Department,Malta Tourism Authority,

Auberge d’Italia, Merchants Street,Valletta.

Tenders submitted by any other means will not be considered.

23.2 Tenderers must seal the original and the copy of their tender as outlined in Clause 15.

23.3 If the outer envelope is not sealed and marked as required in Sub clause 15.1, the ContractingAuthority will assume no responsibility for the misplacement or premature opening of thetender.

23.4 Any variant proposal/s must be submitted in a separate, sealed inner envelope, clearlymarked "variant".

24. Extension of Deadline for Submission of Tenders

24.1 The Contracting Authority may, at its own discretion, extend the deadline for submission of tenders by issuing a clarification note in accordance with Clause 11. In such cases, all rightsand obligations of the Contracting Authority and the tenderer regarding the original datespecified in the contract notice will be subject to the new date.

25. Late Tenders

25.1 All tenders received after the deadline for submission specified in the contract notice orthese instructions will be kept by the Contracting Authority. The associated guarantees willbe returned to the tenderers.

25.2 No liability can be accepted for late delivery of tenders. Late tenders will be rejected andwill not be evaluated.

26. Alterations and Withdrawal of Tenders

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

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

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



E. OPENING AND EVALUATION OF OFFERS

27. Opening of Tenders

27.1 Tenders will be opened in public session on the date and time indicated in the timetableat Clause 2 (or as otherwise specified in accordance with Clause 11.1 and/or 24.1) at theMalta Tourism Authority, Auberge d’Italie, Merchants Street, Valletta. The MTA will drawup a ‘Summary of Tenders Received’ which will be published on the notice board (GroundFloor) and uploaded on the Authority’s website, mta.com.mt

27.2 At the tender opening, the tenderers' names, the tender prices, variants, written notificationof alterations and withdrawals and any other information the Contracting Authority mayconsider appropriate will be published.

27.3 Envelopes marked "withdrawal" will be read out first and returned to the tenderer.

27.4 Reductions or alterations to tender prices made by tenderers after submission will not betaken into consideration during the analysis and evaluation of tenders.

28. Secrecy of the Procedure

28.1 After the opening of the tenders, no information about the examination, clarification,evaluation or comparison of tenders or decisions about the contract award may bedisclosed before the notification of award.

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

28.3 Any attempt by a tenderer to approach any member of the Evaluation Committee/ContractingAuthority directly during the evaluation period will be considered legitimate grounds fordisqualifying his tender.

29. Clarification of Tenders

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

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

30. Tender Evaluation Process

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

30.2 Part 1: Administrative Compliance

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

The Evaluation Committee shall, after having obtained approval by the DepartmentalContracts Committee, request rectifications in respect of incomplete/non-submittedinformation pertinent to the documentation as outlined in sub-Clause 16.1(a), 16.1(b) and16.1(c) of these Instructions to Tenderers. Such rectification/s must be submitted within two

(2) working days from notification, and will be subject to a non-refundable administrativepenalty of €50: failure to comply shall result in the tender offer not being considered anyfurther. No rectification shall be allowed in respect of the documentation as outlined in sub-Clause 16.1(d), 16.1(e), and 16.1(f) of these Instructions to Tenderers. Only clarifications on



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

30.3 Part 2: Eligibility and Selection Compliance

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

(i) Eligibility Criteria

• Tender Form (Volume 1, Section 2)

(ii) Selection Criteria

• Evidence of technical capacity (sub-Clause 6.1.2)

30.4 Part 3: Technical Compliance

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

Tenders who are deemed to be provisionally technically compliant through the evaluation of their technical offer (especially the specifications) shall be corroborated by the EvaluationCommittee.

30.5 Part 4. Financial Evaluation

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

The Evaluation Committee will check that the financial offers contain no arithmetical errorsas outlined in Clause 31. [If the tender procedure contains several lots, financial offers arecompared for each lot.] The financial evaluation will have to identify the best financial offer

[for each lot].

31. Correction of Arithmetical Errors

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

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

(b) where there is a discrepancy between a unit price and the total amount derived fromthe multiplication of the unit price and the quantity, the unit price as quoted willprevail.

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

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

F. CONTRACT AWARD

32. Criteria for Award

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

33. Right of the Contracting Authority to accept or reject any Tender



33.1 The Contracting Authority reserves the right to accept or reject any tender and/or to cancelthe whole tender procedure and reject all tenders. The Contracting Authority reserves theright to initiate a new invitation to tender.

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

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

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

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

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

prevented fair competition.

In no circumstances will the Contracting Authority be liable for damages, whatever theirnature (in particular damages for loss of profits) or relationship to the cancellation of a

tender, 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 toimplement the programme or project announced.

34. Notification of Award, Contract Clarifications

34.1 Prior to the expiration of the period of validity of tenders, the Contracting Authority willnotify the successful tenderer, in writing, that his tender has been recommended for award,pending any appeal being lodged in terms of Part XIII of the Public Procurement Regulations(being reproduced in Volume 1, Section 6).

34.2 Unsuccessful bidders shall be notified with the outcome of the evaluation process, and will beprovided the following information:(i) the criteria for award;(ii) the name of the successful tenderer;(iii) the recommended price of the successful bidder;(iv) the reasons why the tenderer did not meet the technical specifications/notification thatthe offer was not the cheapest (if applicable);(v) the deadline for filing a notice of objection (appeal);(vi) the deposit required if lodging an appeal.

34.3 The recommendations of the Departmental Contracts Committee shall be published on theNotice Board of the Malta Tourism Authority, and published online on the Authority’s website,www.mta.com.mt

35. Contract Signing and Performance Guarantee

35.1 After the lapse of the appeals period, and pending that no objections have been receivedand/or upheld, the successful tenderer may be invited to clarify certain contractual questionsraised therein. Such clarification will be confined to issues that had no direct bearing on thechoice of the successful tender. The outcome of any such clarifications will be set out in aMemorandum of Understanding, to be signed by both parties and incorporated into thecontract.

35.2 Within 15 calendar days of receiving the contract (against acknowledgment of receipt) fromthe Contracting Authority, the successful tenderer will sign and date the contract and returnit to the Contracting Authority with the performance guarantee and the FinancialIdentification Form (if applicable). On signing of the contract by the Contracting Authority,

the successful tenderer will become the Contractor and the contract will enter into force.

35.3 Before the Contracting Authority signs the contract with the successful tenderer, thesuccessful tenderer may be requested to provide the documentary proof or statements



required to show that it does not fall into any of the exclusion situations listed in Clause 7 of the Tender Form (Volume 1, Section 2). The above mentioned documents must be submittedby every member of a Joint Venture/Consortium (if applicable).

35.4 If the selected tenderer fails to sign and return the contract, other required documentation,and any guarantees required within the prescribed 15 calendar days, the ContractingAuthority may consider the acceptance of the tender to be cancelled without prejudice to theContracting Authority's right to seize the guarantee, claim compensation or pursue any otherremedy in respect of such failure, and the successful tenderer will have no claim whatsoever

on the Contracting Authority.

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

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

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

otherwise.

36. Commencement of Services

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

36.2 The Contractor must inform the Contracting Authority's representative by return that he hasreceived the notice.

G. MISCELLANEOUS

37. Ethics Clauses

37.1 Any attempt by a candidate or tenderer to obtain confidential information, enter intounlawful agreements with competitors or influence the committee or the ContractingAuthority during the process of examining, clarifying, evaluating and comparing tenders willlead to the rejection of his candidacy or tender and may result in administrative penalties.

37.2 Without the Contracting Authority's prior written authorisation, the Contractor and his staff or any other company with which the Contractor is associated or linked may not, even on anancillary or sub-contracting basis, supply other services, carry out works or supply equipmentfor the project. This prohibition also applies to any other programmes or projects that could,owing to the nature of the contract, give rise to a conflict of interest on the part of the

Contractor.

37.3 When putting forward a candidacy or tender, the candidate or tenderer must declare that heis affected by no potential conflict of interest, and that he has no particular link with othertenderers or parties involved in the project.

37.4 The Contractor must at all times act impartially and as a faithful adviser in accordance withthe code of conduct of his profession. He must refrain from making public statements aboutthe project or services without the Contracting Authority's prior approval. He may not committhe Contracting Authority in any way without its prior written consent.

37.5 For the duration of the contract, the Contractor and his staff must respect human rights andundertake not to offend the political, cultural and religious morals of Malta.

37.6 The Contractor may accept no payment connected with the contract other than that providedfor therein. The Contractor and his staff must not exercise any activity or receive anyadvantage inconsistent with their obligations to the Contracting Authority.



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

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

37.9 The Contractor shall refrain from any relationship likely to compromise his independence or

that of his staff. If the Contractor ceases to be independent, the Contracting Authority may,regardless of injury, terminate the contract without further notice and without theContractor having any claim to compensation.

37.10 The tender(s) concerned will be rejected or the contract terminated if it emerges that theaward or execution of a contract has given rise to unusual commercial expenses. Such unusualcommercial expenses are commissions not mentioned in the main contract or not stemmingfrom a properly concluded contract referring to the main contract, commissions not paid inreturn for any actual and legitimate service, commissions remitted to a tax haven,commissions paid to a recipient who is not clearly identified or commissions paid to acompany which has every appearance of being a front company.

38. Data Protection and Freedom of Information

38.1 Any personal data submitted in the framework of the procurement procedure and/orsubsequently included in the contract shall be processed pursuant to the Data Protection Act(2001). It shall be processed solely for the purposes of the performance, management andfollow-up of the procurement procedure and/or subsequent contract by the ContractingAuthority without prejudice to possible transmission to the bodies charged with a monitoringor inspection task in conformity with National and/or Community law.

38.2 The provisions of this contract are without prejudice to the obligations of the ContractingAuthority in terms of the Freedom of Information Act (Cap. 496 of the Laws of Malta). TheContracting Authority, prior to disclosure of any information to a third party in relations toany provisions of this contract which have not yet been made public, shall consult thecontractor in accordance with the provisions of the said Act, pertinent subsidiary legislationand the Code of Practice issued pursuant to the Act. Such consultation shall in no wayprejudice the obligations of the Contracting Authority in terms of the Act.

39. Gender Equality

39.1 In carrying out his/her obligations in pursuance of this contract, the tenderer shall ensure theapplication of the principle of gender equality and shall thus ’inter alia’ refrain fromdiscriminating on the grounds of gender, marital status or family responsibilities. Tenderersare to ensure that these principles are mainfest in the organigram of the company where theprinciples aforementioned, including the selection criteria for access to all jobs or posts, atall levels of the occupation hierarchy are amply proven. In this document words importingone gender shall also include the other gender.



VOLUME 1 SECTION 2 – TENDER FORM

Publication reference: MTA / 797 / 2011

Service Tender for 3D and 3600Panoramic Documentation at St Augustine’s Catacombs, Triq Hal Bajada, Rabat.

A TENDER SUBMITTED BY

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

Leader 1

Partner 1

Etc …

1. Add/delete additional lines for partners as appropriate. Note that a sub-contractor is not considered to be a partner for the purposesof this tender procedure. If this tender is being submitted by an individual tenderer, the name of the tenderer should be entered as'leader' (and all other lines should be deleted)2. Proposed proportion of responsibilities between partners (in %) with indication of the type of the works to be performed by eachpartner (the company acting as the lead partner in a joint venture/consortium, they must have the ability to carry out at least 50% of the contract works by its own means. If a company is another partner in a joint venture/consortium (i.e. not the lead partner) it musthave the ability to carry out at least 10% of the contract works by its own means).

Service intended to be sub-contracted

Name and details of sub-contractors

Value of sub-contracting aspercentage of thetotal cost 3

Experience insimilar services(details to bespecified)

1

2

(.)

3. The maximum amount of sub-contracting must not exceed [......%] of the total contract value. The main contractor must have theability to carry out at least [......%] of the contract works by his own means.NOTE TO COMPILER: THIS SECTION IS TO BE REMOVED/MARKED NOT APPLICABLE IF NO SUB-CONTRACTING IS ALLOWED. LIAISE WITH DOC

B CONTACT PERSON (for this tender)

Name Surname

Telephone (____) ________________________ Fax (____) ________________________

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

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

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

E-mail



C TENDERER'S DECLARATION(S)

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

In response to your letter of invitation to tender for the above contract, we, the undersigned, herebydeclare that:

1 We have examined, and accept in full and in its entirety, the content of this tender document(including subsequent Clarifications Notes issued by the Contracting Authority) for invitation to tenderNo [_________/_______] of [……/……/……]. We hereby accept the contents thereto in their entirety,without reservation or restriction. We also understand that any disagreement, contradiction, alteration

or deviation shall lead to our tender offer not being considered any further.

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

Lot No [____]:[………………………………………………………….……] [description of works]

Lot No [____]:[………………………………………………………….……][description of works]

Lot No [____]: [……………………………………………………………….][description of works]

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

Lot No 1: [……………………………………………..]

Lot No 2: [……………………………………………..]

Lot No 3: [……………………………………………..] (etc)

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

5 If our tender is accepted, we undertake to provide a performance guarantee of 10% of the contractvalue as required by the General Conditions.

6 We are making this application in our own right and [as partner in the consortium led by < name of the leader / ourselves > ] for this tender [Lot No]. We confirm that we are not tendering for the samecontract in any other form. [We confirm, 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 tobind, and receive instructions for and on behalf of, each member, and that all partners in the jointventure/consortium are bound to remain in the joint venture/consortium for the entire period of thecontract's performance]. We are fully aware that, in the case of a consortium, the composition of theconsortium cannot be modified in the course of the tender procedure.

7 We are not bankrupt or under an administration appointed by the Court, or under proceedings leadingto a declaration of bankruptcy. We also declare that we have not been convicted criminally, or foundguilty of professional misconduct. Furthermore, we are up-to-date in the payment of social securitycontributions and other taxes.

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

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

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

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



(a) Tender Guarantee (Note 1)

o No Tender guarantee is requested

(b) General Information (Note 2)

o Proof of Purchase (Receipt)

o Statement on Conditions of Employment

Selection Criteria (Note 2)

(c) Financial and Economic Standing (Note 2)

o nil

(d) Technical Capacity (Note 3)

● Experience as Contractor

• Personnel (Key Experts) to be employed on contract, including detailed Cv’s and signeddeclarations of Exclusivity and availability

• Lists of Technical facilities, tools and technical equipment available to bidder

• Professional qualifications of contractor

• Certificates of conformity of the tools and technical equipment

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

● Tenderer’s Technical Offer● Literature /List of Samples

(f) Tender Form, and Financial Offer/Bill of Quantities (Note 3)

Notes:

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

2. Tenderers will be requested to either clarify/rectify any incorrect and/or incompletedocumentation, and/or submit any missing documents within two working days fromnotification. This is indicated by the symbol ○

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

12 I acknowledge that the Contracting Authority and/or Contracting Authority shall request rectificationsin respect of incomplete/non-submitted information pertinent to the documentation listed in Clause11(a), 11(b), and 11(c) of this Tender Form. We understand that such rectification/s must besubmitted within two (2) working days, and will be subject to a non-refundable administrative penaltyof €50, and that failure to comply shall result in our offer not being considered any further.

13 We note that the Contracting Authority is not bound to proceed with this invitation to tender and thatit reserves the right to cancel or award only part of the contract. It will incur no liability towards usshould it do so.

Name and Surname: _________________________________________

I.D. / Passport Number: _________________________________________

Signature of tenderer: _________________________________________

Duly authorised to sign thistender on behalf of: _________________________________________

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

Stamp of the firm/company: _________________________________________

Place and date: _____________________________________



VOLUME 1 SECTION 4 - TENDERER’S STATEMENTS

1. Statement on Conditions of Employment

It is hereby declared that all employees engaged on this contract shall enjoy working conditions such aswages, salaries, vacation and sick leave, maternity and parental leave as provided for in the relativeEmployment Legislation. Furthermore, we shall comply with Chapter 424 of the Laws of Malta (Occupational

Health and Safety Authority Act) as well as any other national legislation, regulations, standards and/orcodes of practice or any amendment thereto in effect during the execution of the contract.

In the event that it is proved otherwise during the execution of the contract it is hereby being consentedthat the contract is terminated with immediate effect and that no claim for damages or compensation beraised by us.

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

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

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



2. Experience as Contractor

List of contracts of similar nature and extent performed during the past 3 years (minimum):

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

Contracting Authority*

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

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



3. Key Experts

CVs and a filled-in Statement of Exclusivity and Availability for each Key Expert shall be submitted with this Ten

Name of Expert Proposed Position Nationality Age Educational

Background

Specialist

Area of Knowledge

Ye

Expe

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


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



3.1 Statement on Exclusivity and Availability

TO BE COMPLETED BY EACH INDIVIDUAL KEY EXPERT

PUBLICATION REF: MTA / 797 / 2011

I, the undersigned, hereby declare that I agree to participate exclusively with the tenderer

............................................................................................................. [name of tenderer]

in the above-mentioned service tender procedure. I further declare that I am able and willing to work for theperiod(s) foreseen for the position for which my CV has been included in the event that this tender issuccessful, namely:

From To

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

< start of period 1 >

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

< end of period 1 >

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

< start of period 2 >

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

< end of period 2 >

< etc > < etc >

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

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

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

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

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

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



4. Literature/List of Samples

1. List of literature to be submitted with the tender:

Item Description Reference in TechnicalSpecifications

1.1

1.2

1.3

1.4

1.5

1.6

1.7

1.8

1.9

2. List of samples to be submitted within [.............] days of being notified to do so:

Item Description Reference in TechnicalSpecifications

2.1

2.2

2.3

2.4

2.5

2.6

2.7

2.8

2.9

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


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



VOLUME 1 SECTION 5 – GLOSSARY

Definitions

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

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

Beneficiary Country: The Maltese Islands.

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

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

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

fee-based contract.

Contracting Authority: Central Government Authority, the Department of contracts.

Commission: The European Commission.

Conflict of interest: Any event influencing the capacity of a candidate, tenderer or supplier to give anobjective and impartial professional opinion, or preventing him, at any moment, from giving priority to theinterests of the Contracting Authority and the Contracting Authority. Any consideration relating to possiblecontracts in the future or conflict with other commitments, past or present, of a candidate, tenderer orsupplier, or any conflict with his own interests. These restrictions also apply to sub-contractors andemployees of the candidate, tenderer or supplier.

Contract: The signed agreement entered into by the parties for the performance of the services, includingall attachments thereto and all documents incorporated therein.

Contract Value: The total value of the contract to be paid by the Contracting Authority in terms of theagreed terms and conditions.

Contracting Authority: means the final beneficiary of the contract.

Contractor : The party which contracts to perform the services.

Day : Calendar day.

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

EC: The European Community.

EU: The European Union.

Evaluation Committee: a committee made up of an odd number of voting members (at least three)appointed by the Contracting Authority and possessing the technical, linguistic and administrative capacitiesnecessary to give an informed opinion on tenders.

Fee-Based Contract: A contract under which the services are provided on the basis of fixed fee rates foreach day/hour worked by experts/service provider.

Final Beneficiary : The Department/Entity or other government body on whose behalf the Department of Contracts has issued this tender.



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

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

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

Global Price Contract: A contract under which the services are performed for an all-inclusive fixed price.

In writing: This includes any hand-written, typed or printed communication, including fax transmissions andelectronic mail (e-mail).

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

Modification: An instruction given by the Project Manager which modifies the works.

Month: Calendar month.

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

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

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

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

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

Public Service: Government Ministries and Departments.

Services: Activities to be performed by the Contractor under the contract such as technical assistance,studies, training and designs.

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

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

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

Terms of Reference: The document in Volume 3, Section 1, drawn up by the Contracting Authority giving thedefinition of its requirements and/or the objectives in respect of the provision of services, specifying, whererelevant, the methods and resources to be used by the Contractor and/or the results to be achieved by it.

Time Limits: Those periods in the contract which shall begin to run from the day following the act or eventwhich serves as the starting point for those periods. Should the last day of the period fall upon a non-workingday, the period shall expire at the end of the first working day following the last day of the period.

Written communications: Certificates, notices, orders and instructions issued in writing under the contract.



VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC PROCUREMENTREGULATIONS

Part XIII – Appeals

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

(1)

(2)

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

The notice shall be filed within ten calendar days following the date on which the contractingauthority has by fax or other electronic means sent its proposed award decision.The communication to each tenderer of the proposed award shall be accompanied by a summary of therelevant reasons relating to the rejection of the tender as set out in regulation 44(3), and by a precisestatement of the exact standstill period.

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

The procedure to be followed in submitting and determining complaints as well as the conditions underwhich such complaints may be filed shall be the following:(a) any decision by the Departmental Contracts Committee (or a Special Contracts Committee)

and by a contracting authority, shall be made public at the Department of Contracts or

at the office of the contracting authority prior to the award of the contract;

(b) the notice of objection duly filed in accordance with sub-regulation (1) shall be made public bythe Review Board not later than the next working day following its filing;

(c) within three working days of the publication of the replies the Secretary of the Review Boardshall prepare a report (the Analysis Report) analysing the letter of objection. This report shallbe circulated to the persons who file an objection and interested parties. After thepreparatory process is duly completed, the Head of the contracting authority shall forward tothe Chairman of the Review Board all documentation pertaining to the call for tenders inquestion including files, tenders submitted, copies of deposit receipts, any motivated letter,who shall then proceed as stipulated in Part XIV;

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

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



VOLUME 2

VOLUME 2 SECTION 1 – DRAFT CONTRACT FORM

Financed by: ................................................. [Specify Source of Financing]

Project: ................................................. [Title and Number]

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

This contract is concluded between:

Malta Tourism Authority,Auberge d’Italia, Merchants Street,Valletta.

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

[Name of Contractor][Address]

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

Whereas the Contracting Authority is desirous that certain services should be executed by the Contractor,viz.:

[Contract Title]

and has accepted a tender by the Contractor for the execution and completion of such services and the remedying

of any defects therein.

It is hereby agreed as follows:

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

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

(a) this Contract,(b) the Special Conditions,(c) the General Conditions,

(d) the Terms of Reference,(e) the Contractor’s technical offer (Organization & Methodology) (including any clarifications made duringadjudication),(f) the Financial Offer (after arithmetical corrections)/breakdown,(g) the Tender Form,(h) any other documents forming part of the contract.

Addenda shall have the order of precedence of the document they are modifying.

3. In consideration of the payments to be made by the Contracting Authority to the Contractor as hereinaftermentioned, the Contractor undertakes to execute and complete the works and remedy defects therein infull compliance with the provisions of the contract.



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

• Contract price (excluding/including VAT/other taxes): €.....................................

• Contract price in words:................................................................. Euro

or such other sum as may become payable under the provisions of the contract at the times and in themanner prescribed by the contract. VAT shall be paid in compliance with National Law (in particular theVAT Act 1998, the Act No X of 2003 and relevant Legal Notices).

5. The Contractor hereby agrees to submit a performance guarantee amounting to €............... equivalent to10% of the contract value together with the signed contract.

6. In witness whereof the parties hereto have signed the contract. This contract shall take effect on the dateon which it is signed by the last party.

Done in English in three originals: one for the Contracting Authority, one for the Contracting Authority, and one forthe Contractor.

Contracting Authority: Contractor:

Signed by:

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

Signed by:

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

In the capacity of:

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

In the capacity of:

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

Being fully authorized by and acting on behalf of

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

Being fully authorized by and acting on behalf of

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

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



VOLUME 2 SECTION 2 – GENERAL CONDITIONS

The full set of General Conditions for Services Contracts (Version 1.02 dated 2 June 2010)can be viewed/downloaded from:

www.contracts.gov.mt/conditions

It is hereby construed that the tenderers have availed themselves of these generalconditions, and have read and accepted in full and without reservation the conditionsoutlined therein, and are therefore waiving any standard terms and conditions which theymay have.

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



VOLUME 2 SECTION 3 – SPECIAL CONDITIONS

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

Article 2: Notices and Written Communications

2.2 Notices and all forms of Written communication at tendering stage shall pass through PatrickAttard on [email protected]

All form of written communication once the tender has been awarded shall pass, at all timesand unless otherwise stated, through the project manager.

Article 5: Supply of Information

5.1 As per General Conditions.

Article 6: Assistance with Local Regulations


Article 7: Obligations of the Contractor


Article 13: Medical, Insurance and Security Arrangements


Article 14: Intellectual and Industrial Property Rights

14.3All reports and data such as maps, diagrams, drawings, specifications, plans, statistics,calculations, databases, software and supporting records or materials acquired, compiled or prepared by the Consultant in the performance of the contract shall be the absolute property of the Contracting Authority. The Consultant shall, upon completion of the contract, deliver all suchdocuments and data to the Contracting Authority. The Consultant may not retain copies of suchdocuments and data and shall not use them for purposes unrelated to the contract without theprior written consent of the Contracting Authority.

The Consultant shall not publish articles relating to the services or refer to them when carryingout any services for others, or divulge information obtained from the Contracting Authority,

without the prior written consent of the Contracting Authority.

Any results or rights thereon, including copyright and other intellectual or industrial propertyrights, obtained in performance of the Contract, shall be the absolute property of the ContractingAuthority, which may use, publish, assign or transfer them as it deems fit, without geographical or other limitation, except where intellectual or industrial property rights already exist.

Article 15: Scope of the Services

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

Article 16: Personnel and Equipment




Article 18: Execution of the Contract

18.1 The Contractor will be expected to start works within 7 (seven) days from signature of contract.

The overall duration of this contract is no more than 8 months from signature of contract.

Article 19: Delays in Execution

19.2 If the Consultant does not perform the services within the period of execution specified in thecontract, the Contracting Authority shall, without formal notice and without prejudice to its other remedies under the contract, be entitled to liquidated damages for every day, or part thereof,which shall elapse between the end of the period of execution specified in the contract and theactual end of the period of execution.

The daily rate for liquidated damages is calculated by dividing the contract value by the number of days of the period of execution.

If these liquidated damages exceed more than 15% of the contract value, the ContractingAuthority may, after giving notice to the Consultant:

a) terminate the contract; and

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

Besides the penalties for delay envisaged in these conditions and without prejudice to all hisother liabilities arising out of the contract, the contractor shall also become liable to a penalty if the rate of progress of the work throughout the contract period is not satisfactory. The contractor shall be considered to in default if he fails to carry out every month at least 70% of the estimatedmonthly average progress. For the purpose of assessing such average progress the value of thecontract shall be divided by the number of months stipulated in the contract period. Within eachmonth the contractor should complete works whose value is equivalent to the average progressobtained as above. However, in the case of contracts having a completion period of 6 or moremonths, no penalty shall be imposed in respect of the first month from the date of allocation of the contract. Should the contractor’s progress fall below the minimum percentage progress, hewill become liable to a penalty equivalent to 2% of the value of the contract in respect of everymonth during which progress is below standard. If the contractor completes the whole contractwithin the stipulated period, the Government may consider the refund of any penalties thecontractor may have incurred for slow monthly progress.

Article 20: Amendment of the Contract

20.2Any amendment of the contract must be set out in writing in an addendum, to be concluded onthe same terms as the original contract. If the request for an amendment comes from theConsultant, the latter must submit such a request to the Contracting Authority at least 30 days

before the amendment is intended to enter into force, except in cases which are dulysubstantiated by the Consultant and accepted by the Contracting Authority.

However, where the amendment does not affect the basic purpose of the contract and, for a fee-based contract, the financial impact is limited to a transfer within the Fees involving a variation of less than 15% of the original amount for the relevant line in the Budget breakdown in Annex V,the Project Manager shall have the power to order any variation to any part of the servicesnecessary for the proper execution of the contract, without changing the object or scope of thecontract. Such variations may include additions, omissions, substitutions, changes in quality,quantity, specified sequence, method or timing of performance of the services.

Prior to any administrative order for variation, the Project Manager shall notify the Consultant of the nature and form of such variation. As soon as possible, after receiving such notice, the

Consultant shall submit to the Project Manager a written proposal containing:

a) a description of the service to be performed or the measures to be taken and a programme for execution; and



b) any necessary modifications to the programme of performance or to any of the Consultant'sobligations under the contract; and

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

i) where the task is of similar character and executed under similar conditions to an item priced inthe budget breakdown the equivalent numbers of working days shall be valued at the fee ratescontained therein;

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

rates in the contract shall be applied to the estimated numbers of working days so far as isreasonable, failing which, a fair estimation shall be made by the Project Manager;

iii) where a variation is necessitated by a default or breach of contract by the Consultant, anyadditional cost attributable to such variation shall be borne by the Consultant.

Following the receipt of the Consultant's proposal, the Project Manager shall decide as soon aspossible whether or not the variation shall be carried out. If the Project Manager decides that thevariation shall be carried out he shall issue the administrative order stating that the variation shallbe carried out under the conditions given in the Consultant's proposal or as modified by theProject Manager in accordance with Article 20.4.

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

in their totality exceed by more than five per cent the awarded contract value, the prior approvalof the Director (Contracts) is to be sought before a commitment is made by the contractingauthority with the contractor.

On receipt of the administrative order requesting the variation, the Consultant shall proceed tocarry out the variation and be bound by these General Conditions in so doing as if such variationwere stated in the contract.

The Contracting Authority shall give written notification to the Consultant of the name andaddress of the Project Manager. The Consultant shall give written notification to the ContractingAuthority of the name and address of its contact and the bank account. The Consultant must use

the form in Annex VI for notification or modification of its bank account. The Contracting Authorityshall have the right to oppose the Consultant's choice of bank account.

All payments made by the Contracting Authority into the bank account specified in the contractwill have liberating effect.

No amendment shall be made retroactively. Any change to the contract which has not beenmade in the form of an administrative order or an addendum or in accordance with Article 20.6shall be considered null and void.

Article 24: Interim and Final Progress Reports

24.1 The consultant and supporting team are to submit:- one (1) written progress report and corresponding invoice along with not less than

20% of the survey after three months from signature of contract

- one (1) interim report and corresponding invoice along with not less than 40% of thesurvey, to be submitted 6 months after signature of contract

- one (1) final report including presentation of results to selected Malta TourismAuthority staff.

These reports shall include details on the progress up to submission of report as well as all

relevant data collected supported by drawings, images, graphs and tubular analysis asnecessary.

The reports shall cover the areas outlined in this document:

• Three (3) hard copies and one (1) electronic copy of the reports in English shall be produced



and presented to the Agency in MS Word format.

• Any drawings submitted are to be in ACAD format, digitally plotted in three dimensions. Anydrawings are to be submitted as digital CAD files in an AutoCAD .DWG format. The files areto include a printable set-up in paper space in relevant scale and paper size, including a titleblock, which should also include clear titles of the drawings on the sheet, the scales, therevision number (if any), the date of issue, etc.

• Any images submitted are to be in jpeg format at 300dpi. General and detailed photographicdocumentation involving colour quantification so as to record and back up all aspects of the

documentary process are to be included in the reports. Photographs, images, graphs andtubular analysis are to be linked to the plans so as to provide a spatial link to the area theyare recording.

• All data plotted within the graphs/report should be accompanied with a full copy of all thedata captured for the purposes of this study for both sites for the entire duration period. Theformat of this data must be agreed upon in advance with Malta Tourism Authority and mustbe compatible to systems utilised by Malta Tourism Authority. Any dedicated softwareutilised for the purposes of this study must be provided to Malta Tourism Authority for useduring and post project at no extra annual cost thereafter.

The draft Final report is to be submitted 1 month before the end of the period of execution of thiscontract with the final report for the 3D and 3600 Panoramic Photographic documentation andpresentation is to be submitted 1 month aftere the end of the eight (8) month period of the

execution of the study. Three (3) digital copies of all the data will be submitted together with thefinal report. (see article 4.2 of the TORs for detailed reporting requirements.)

All correspondence and memoranda will be kept in soft and hard copy and kept for recordspurposes. The reports in English shall be produced and presented in Microsoft Office XP

compatible to the Project Management Team (3 hard copies and 1 electronic copy), who willevaluate and approve these reports.

Designs and other documents prepared by the Contractor for this Project are instruments for use solely with respect to this Project. The Client shall have the right to retain copies and to usethem for the purposes of the Project. All reports, correspondence, photographs, documentation

and related documents are to be finally deposited within Malta Tourism Authority, which shall bethe sole and only owner of these documents.

Article 26: Payments and Interest on Late Payment

26.1 This is a global-price contract.

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

Month Narrative Percentage (%)

Pre-financing Payment 20%

Interim Payment 1 – on approval of interim

report

20%

Interim Payment 4 – on approval of final report 60%

TOTAL 100%

26.2 Payments are to be effected within a maximum of 60 days from approval, failing which theprovisions of the Late Payments Directive will come into effect (30 days as per GeneralConditions).

Article 27: Financial Guarantee

27.2Further to the provisions of the General Conditions, the Consultant must provide a financial

guarantee for the full amount of the pre-financing payment. This financial guarantee must remain



valid until it is released by the Contracting Authority.

The financial guarantee shall be provided on the letterhead of the financial institution using thetemplate provided in Annex VI.

Should the financial guarantee cease to be valid and the Consultant fail to re-validate it, theContracting Authority may either make deductions from future payments due to the Consultantunder the Contract up to the total of the payments already made, or terminate the Contract if inthe opinion of the Contracting Authority such deduction is impracticable.

If the contract is terminated for any reason whatsoever, the financial guarantee may be invoked

forthwith in order to repay any balance still owed to the Contracting Authority by the Consultant,and the guarantor shall not delay payment or raise objection for any reason whatever.

For global price contracts, the financial guarantee must remain in force until the submission bythe Consultant and approval by the Contracting Authority of the first interim report.

Article 28: Audit Certificate

28.4 Not applicable.



VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE

(LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE)

Malta Tourism Authority,Auberge d’Italia, Merchants Street,Valletta.

[Date]

Dear Sir,

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

Account: [Account Holder’s Name]

In connection with the contract entered into between yourself on behalf of the Director of Contracts and[Name and Address of Contractor] hereinafter referred to as “the Contractor” as per the latter’s tender andyour acceptance under [CT File Reference], whereby the contractor undertook the [title of contract] inaccordance with Article 7.8 of the General Conditions for Service Contracts forming part of the contract

documents, we hereby guarantee to pay you on demand a maximum sum of €[amount in works andnumbers] in case the obligations of the above-mentioned contract are not duly performed by the Contractor.

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

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

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

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

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

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

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

Yours Faithfully,

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



VOLUME 2 SECTION 5 – SPECIMEN PREFINANCING PAYMENT GUARANTEE

(LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE)

Malta Tourism Authority,Auberge d’Italia, Merchants Street,

Valletta.

[Date]

[Tender Reference]

Dear Sir,

We the undersigned, [name, company name, address], hereby declare that we will guarantee, as principaldebtor, to [Contracting Authority's name and address] on behalf of [Contractor's name and address],the payment of [indicate the amount], corresponding to the guarantee mentioned in Article 27.2 of theSpecial Conditions without dispute, on receipt of a first written request from the beneficiary.

We further agree that no change or addition to or other modification of the terms of the contract or of theworks to be performed thereunder or of any of the contract documents which may be made between you andthe Contractor shall in any way release us from any liability under this guarantee. We hereby waive notice of any such change, addition or modification.

The guarantee will enter into force and take effect from the [indicate the date of payment of the prefinancing] and shall be valid until full repayment of the same amount by the Contractor.

We note that you will release the guarantee and notify us of the fact at the latest within thirty days of thisdate.

Done at ………….., ../../..

Name and first name: …………………………… On behalf of: …………………

Signature: ……………..

[stamp of the body providing the guarantee]



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

Table of Contents

1. Background Information .............................................................................41

1.1 - Beneficiary Country...................................................................................................... 411.2 - Contracting Authority ................................................................................................... 411.3 - Contracting Authority ................................................................................................... 411.4 - Relevant Country Background.......................................................................................... 411.5 - Current State of Affairs in the Relevant Sector..................................................................... 411.6 - Related Programmes and Donor Activities........................................................................... 41

2. Contract Objectives and Expected Results .......................................................412.1 - Overall Objectives ....................................................................................................... 412.2 - Specific Objectives....................................................................................................... 422.3 - Results to be Achieved by the Consultant ........................................................................... 42

3. Assumptions and Risks ...............................................................................433.1 - Assumptions Underlying the Project Intervention.................................................................. 433.2 – Risks ........................................................................................................................ 43

4. Scope of the Work ....................................................................................444.1 – General..................................................................................................................... 444.2 - Specific Activities ........................................................................................................ 454.3 - Project Management..................................................................................................... 60

5. Logistics and Timing..................................................................................615.1 – Location.................................................................................................................... 615.2 - Commencement Date & Period of Execution........................................................................ 61

6. Requirements..........................................................................................626.1 – Personnel .................................................................................................................. 626.2 – Accommodation .......................................................................................................... 626.3 - Facilities to be provided by the Consultant ......................................................................... 626.4 – Equipment ................................................................................................................. 63

7. Reports .................................................................................................637.1 - Reporting Requirements ................................................................................................ 637.2 - Submission & approval of progress reports .......................................................................... 64

8. Monitoring and Evaluation...........................................................................648.1 - Definition of Indicators.................................................................................................. 648.2 - Special Requirements ................................................................................................... 64



Terms Of Reference

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

1. Background Information

1.1 - Beneficiary Country

Malta

1.2 - Contracting Authority Central Government Authority

Department of Contracts

1.3 - Contracting Authority

Malta Tourism Authority

1.4 - Relevant Country Background

St. Augustine’s Catacombs in Rabat like all the tombs, hypogea and catacombs in the Rabat area,was in the 4th century AD situated just outside the main Roman city of Melite, which incorporatedall of modern-day Mdina and a large part of Rabat. This followed a Roman Law that prohibitedburials within the city walls.

St.Augustine’s Catacombs lie in close proximity to the ones named after St.Paul along Triq HalBajjada. They are reached through a doorway, located amidst third party dwellings, which leadsinto a corridor, an anteroom and subsequently, into the actual rock-hewn underground areas. Thesecatacombs extend beneath third party properties. Originally this complex consisted of 3 small,separate catacombs which were joined together by means of a narrow rock cut passage in the mid1920s.

1.5 - Current State of Affairs in the Relevant Sector

Immediately after reinstatement in the mid 1920s the complex was used by third parties as a storagespace. Thus, the Maltese Government has committed itself to preserving this site on behalf of the

international community. The requested services will aid in the preservation of these sites and willtherefore also have a bearing on the fulfilment of Malta’s responsibilities towards the internationalcommunity.

1.6 - Related Programmes and Donor Activities

This contract forms part of the European Union’s co-funded Interreg Italia – Malta 2007-2013Cohesion Policy, Axis 1.3 programme – Archaeotur Project

2. Contract Objectives and Expected Results

2.1 - Overall Objectives

The overall objective of the project of which this contract will be a part is as follows:

• The detailed study, documentation and renewed understanding of the St. Augustine’s Catacombs



underground complex.

• The conservation and long-term preservation of the St. Augustine’s Catacombs undergroundcomplex.

• Allow the detailed analysis of the surfaces of the scanned underground chambers, without thenecessity to carry out a site inspection due to the limitations of lighting and time in thecatacombs.

• Permit the identification of wall paintings and/or inscriptions and/or discolouration, of thesurfaces

• Enable the identification and recording of graffiti and/or tool marks and/or scratch marks, etc.,on the surfaces.

• Create an accurate and holistic accessibility/presentation tool

2.2 - Specific Objectives

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

3D Documentation

• Record in great detail all areas of the catacombs’ complex. This shall include all the surfaces of the 3D volume.

• Permit accurate and easy measurement of points on the archaeological site in the form of Cartesian co-ordinates and distances between the different points.

• Constitute a holistic 3-D model of the surface of the areas/volumes, where the restitution of information obtained by different techniques will be homogenous, carried out in the form of contours mapped to record points of equal level at intervals of 15mm or less as agreed with theProject Manager. The restitution shall be such as to enable the possibility of drapingphotographic images or other layers of information onto the surface of the 3-D model.

• Permit display and manipulation of the models in all the following forms: point-cloud data,contour data, surface textured model, or as a draped photographic model.

• Produce abstract detailed architectural surveys and CAD (vector) drawings, including plans andsectional elevations of the documented areas of the complex

3600 Panoramic Photographic Documentation

• Record in great detail all areas of the catacombs’ complex in 3600 Photography

• Permit the inclusion of notes, hot spots, documents and other visual imaging.

• Constitute a holistic navigational model of the catacomb complex.

2.3 - Results to be Achieved by the Consultant

3D Documentation

• High-definition 3-dimensional virtual model of the underground catacomb complex.

• Photographic-quality and dimensionally accurate colour surface rendering of the digitalmodels of the underground catacombs, in order to record the texture and chromatic qualityof the complex, and enable the identification of paintings, inscriptions, graffiti, tool marks,etc.

• An eXtensible 3-D (X3D) format of the model should also be provided for immersivenavigation on the web. It is important to strictly adhere to standards published by the



Web3D consortium, http://www.web3d.org

• Low Level of Detail, georeferenced 3-D model of the documented areas and relatedfeatures for integration within a GIS application.

3600 Panoramic Photographic Documentation

• High-definition 3600 panoramic documentation of all the areas of the catacomb complex.

• High-definition 3600 panoramic tour of the catacombs which may also be uploaded onto aninternet platform.

3. Assumptions and Risks

3.1 - Assumptions Underlying the Project Intervention

• It is assumed that the Contractor will provide all necessary equipment and staff, including anyancillary equipment and staff that may be required for the execution of the tender.

• Weeding and clearing of the sites, as well as the removal of modern fittings, if any, during the

data capture, shall be the responsibility of the Project Manager.

• The on-site data gathering operations shall be carried out within the specified timeframes, asapproved in the ‘Methodology & Organisation’ report, notwithstanding the effects of externalfactors such as visitor flow, adverse weather conditions, etc.

3.2 – Risks

Access to the sites is restricted. In addition, unfavourable weather conditions, such as heavy rain, maymake work on the areas above the underground catacombs difficult. When tendering, the contractor should take these difficulties into consideration as no claims or otherwise will afterwards be

entertained.

Any marks or equipment attachments must not be of a permanent nature and will be non-

destructive and non-invasive and all shall be approved beforehand by the site

curators/conservators, its conservators and the Project Manager. NO permanent fixtures can be

fixed to any original surface of the catacombs, mosaics or archaeological surfaces or features, thermalsite it being wall, floor, ceiling unless using existing modern accretions (as approved by the ProjectManager).

The contractor shall take all measures necessary to protect the archaeological sites and adjacentstructures from damage resulting from the studies requested, and shall be held fully liable if any suchdamages are incurred.

Any temporary attachments installed on or within the historic fabric shall be completely reversible innature, and, unless otherwise requested by the Project Manager, shall be carefully removed at theend of works. The reversibility of any such points must be demonstrated by the contractor to thesatisfaction of Malta Tourism Authority. Marks, liable to cause damage, will not be used unlessotherwise approved by Malta Tourism Authority and the project manager. The use of nails, other temporary or permanent attachments etc., are subject to approval of the mark and its location.

Lamps that operate at high temperatures are not normally acceptable within the catacombs andalternative lighting equipment should be used. Where the long-term use of portable halogen lamps, or similar lighting is required, a written ‘Risk Assessment and Method Statement’ should be drawn up for the approval by Malta Tourism Authority and the project manager.

The contractor will NOT be permitted to mark, deface, scratch or fix any markings or otherwise to anypart of the structure considered of archaeological importance unless with prior written approval byMalta Tourism Authority and the Project Manager.

The Contractor must ensure that all relevant safety requirements associated with the provision of the



study on behalf of Malta Tourism Authority, as included in the Health and Safety Plan, are met duringthe duration of the contract period.

Any instrumentation and/or other devices, which may be a health hazard to any persons either working, or visiting the site during the conduction of the study, must be included within the riskassessment of the health and safety plan.

Any certificates or statements from the manufacturers on their inherent safety must be included alongwith any requirement for notification of ‘lasers in operation’ on site. All equipment must also becompliant with international standards.

Any survey instrumentation and/or associated laser pointing devices, which may be a health hazardto any persons either working, or visiting the site during survey, must be included within the riskassessment of the health and safety plan.

The reporting requirements and pre-set deadlines have to be respected since such dates arecommitted in the Implementation and Disbursement schedules approved as part of the Interregfunding program.

4. Scope of the Work

4.1 – General

4.1.1 Project Description

The “3D and 3600 Panoramic documentation and presentation of St Augustine’s catacombs, RABAT”will create a definitive and high-quality base-line record of the present state of parts of theextensive underground catacomb/s complex.

This is required as:

a) A platform for the organisation of spatially correlated data on the structures. Envisaged useincludes the application of the model to the monitoring and study of the site’s deterioration

as well as a navigation tool to promote increased accessibility to the site.

b) A tool to facilitate the study, conservation, and presentation of, and give greateraccessibility to, the underground catacomb complex structures. The data collected duringthe survey will form part of the archive record of the St. Augustine’s Catacombs so it isimperative that the data collected is complete.

4.1.2 Geographical Area to be covered

The 3D and 3600 Panoramic documentation and presentation of St Augustine’s catacombs shall be

conducted in the site commonly known as St Augustine’s catacombs.

The site is located about a 100m further up the road from St Paul’s and St Agatha’s catacombs, and

although they are now separate they were once part of the same burial grounds. This area was, infact, originally outside the walls of the Roman and late Roman town of Melite. Although this burialground started off in the Phoenician, Punic and early roman periods, these three catacombs wereused as of the 4

thcentury until around the 9

thcentury. The catacombs were then abandoned and lost

until they were rediscovered again in the mid 1920s during the laying of foundations for new houses.

Following their discovery, these three hypogea were cleared from their debris and then joined together through a rock-cut narrow passage. Residential houses were still built above the catacombs and anaccess was left through a small entrance in between houses. After this reinstatement, the entrance tothe catacomb was used as a storage space by a local contractor.

4.1.3 Target Groups

The documentation created in this project is necessary to enable an interdisciplinary analysis of thestructure. It shall be used mainly by conservators, curators, archaeologists and other researchers. It



will eventually be presented to visitors and the general public:

• The collected information shall contribute to the generation of three-dimensional models,animations and illustrations for presentation in visitor centres, museums and through the media(enhancing accessibility/engagement and helping to improve understanding)

• Through this greater appreciation of Malta’s heritage by Maltese citizens, an improved impact on

the tourism sector will also be achieved.

4.2 – Specific Activities

3D DOCUMENTATION

Tendering phase

Method and Resource Statement

The contractor shall submit with this tender a detailed Method and Resource Statement based onthe scope of work. This should include:

a) Technical specifications of the scanning system, or systems, to be used

o

Laser scanning systems used must be accompanied with:

A certificate confirming the system is in good working order

[and/or] details of tests, performed in the last 12 months, which show thescanner to be achieving the required geometric precision and geometricaccuracy.

o If more testing of the equipment is deemed necessary, Malta Tourism Authority willdiscuss exact requirements for certification or tests with the winning bidder and theresults will be included in a revised Method and Resource Statement before workbegins.

b) Method and equipment proposed for providing survey control, including type of surveymarkers

c) The proposed point density

d) A description outlining the location and extent of potential data voids and a proposed methodfor data collection in these areas.

e) Proposed output device, resolution and media

f) An estimate of the precision achievable

g) Detailed schedule of works including fieldwork, data processing as well as a delivery

timetable/milestones

h) A list of access equipment to be used on site (including ladders, scaffolding, any mechanicallifters or other vehicles necessary)

i) A list of lighting and electrical equipment to be used on site. Due to the sensitive nature of thesite, full technical specifications should be provided for each of the listed items. The use of heat generating equipment is not allowed within the Catacombs. In the case of light-generating equipment, indicate approximate duration of use.

j) A list of the precautions which will be taken to avoid marking or otherwise damaging thearchaeological surfaces by staff or equipment (e.g. rubber tips on tripods, light-coloured soft-soled shoes).

k) A detailed Health and Safety Plan, according to the present regulations as issued by theOrdinance Health and Safety Authority and any other competent authorities, for approval



l) Data retention and archiving policy of contractor

Project Implementation

The 3-D documentation of the St. Augustine’s Catacombs shall consist in a survey which will:

Document the undergound Catacomb complex

a) Record in great detail and a minimum accuracy of +/- 5mm all sections of the St. Augustine’sCatacombs underground complex. This shall include all paving, structures, and groundsurfaces within the areas indicated on the enclosed plans.

b) Permit accurate and easy measurement of points on the survey of the underground volumesin the form of Cartesian co-ordinates and distances between the different points.

c) Constitute a holistic 3-D model of the surface of the structures, where the restitution of information obtained by different techniques will be homogenous, carried out in the form of contours mapped to record points of equal level at intervals of 15mm or less as agreed withthe Project Manager. The restitution shall be such as to enable the possibility of drapingphotographic images or other layers of information onto the surface of the 3-D model.

d) Permit display and manipulation of the models in all the following forms: point-cloud data,contour data, surface textured model, or as a draped photographic model.

e) Create an eXtensible 3D (X3D) version of the 3-dimensional virtual model, rendered andoptimised for web publishing. The code provided has to be ISO 19775, 19776 and 19777compliant, based on the web 3D consortium. Ideally all profiles should be provided, however core profiles namely, Navigation, Core, Interactive / MPEG-4 Interactive and Immersive profileshould be provided. All profiles provided should include, where appropriate, the followingcomponents Time, Rendering, Texturing, Interpolation, Navigation, Lighting, Geometry 3D,Shape and Networking. The model should also support a variety of encoding formats,including, but not limited to, Extensible Markup Language (XML). It is imperative that HM issupplied with the X3D code that is readable by most X3D developer toolkits for further in-

house development of the 3D model. At least two versions of the final X3D models should besupplied. One version should be ‘lite’ hence comprising only of the Navigation and Texturingprofiles, thus allowing easier deployment of model over web pages and over broadbandinternet. The other should be a fully fletched version of the X3D model. Both models shouldbe compliant to the latest Web 3D consortium standards and best practices, and should beplayable by de facto standard players and plug-ins such as (but not limited to) Cortona,Octaga, Vivaty (formerly Flux), Bitmanagement, among others (refer to Web 3D consortiummembers). Both versions should also be submitted in COLLADA format.

f) Create a Low Level of Detail, low density, georeferenced 3-dimensional model of thecatacombs and related features for integration within a GIS application. GeoVRML formatpreferred. A raw version of the complete mesh in ASCII or .XYZ file format should also beincluded.

General requirements

The successful Contractor shall also ensure that the data described above will:

a) Enable a continuous digital updating of the 3-Dimensional computer generated model toinclude for any modifications to the structure such as, changes resulting from anyarchaeological excavations.

b) Enable accurate and high quality scaled printouts of 3-Dimensional views, orthographic plans(plans, sections and elevations).

c) Permit the 3-Dimensional virtual model to be presented in a digital format which could be usedfor virtual walk-through presentations.

d) Permit the 3-Dimensional virtual model to be used as a base map for a database which maybe developed further by the Project Manager. The file format shall be compatible withMeshlab v 1.3 or earlier, Blender v2.6 or earlier , Autodesk 3DStudio Max and with leading



GIS software including Arc GIS 9.x,

e) The successful contractor shall be free to use any/or combination of, surveying techniquesthat he deems suitable, provided that the end product is as specified in this document, andthat:

a) Any photogrammetric surveys shall be carried out using the most advanced, state of the arttechnology, and all personnel employed, particularly on the restitution shall have adequateexperience on this work.

b) Any laser scanning shall be carried out in such a way as to ensure complete coverage of thestructures. In cases of obstruction or limited space, various scans from different angles shallbe carried out to ensure complete coverage of the structures. Superimposition of the scansshall be carried out such that the margin of error will not exceed +/- 5mm.

c) In cases of an object or groups of objects of significant height, the contractor will beresponsible to provide the necessary equipment, such as a temporary stable elevatedplatform, and staff to allow full coverage of the object or area from all angles, including the topview. The introduction of such equipment on site, its assembly, use and dismantling has to beapproved in advance by the Project Manager. and relevant authorities. A written request needs to be presented at least 10 working days in advance. When tendering, the contractor

should take this difficulty into consideration as no claims or otherwise will afterwards beentertained.

d) Restitution of the underground spaces shall be carried out in the form of contours, mapped torecord points of equal level at intervals of 15mm or as directed by Project Manager. Therestitution of the terrain separating the catacombs shall likewise be carried out in the form of contours mapped to record points of equal level at intervals 500mm or as directed by theProject Manager. Whilst detail and resolution is of utmost importance, care should be taken toensure that files submitted are of such size as to enable ease of handling and access of information.

e) Any triangulation can be carried out using both classical surveying techniques (total stations),and GPS instrumentation, provided that the final outcome of the works will be as specified inthis tender document.

f) Aerial triangulation will not be permitted for the purpose of relating the survey to the Nationalreference system.

Technical Requirements

This survey shall include the following requirements and methodology:

• Accuracy

o The survey is to ensure an accuracy of a minimum of +/- 5mm

• Data voids

o There should be no data voids in the point cloud data.

o If an area cannot be recorded, for any reason, the potential data void must be identifiedand reported in the Method and Resource Statement and approved by the ProjectManager.

• Survey Control

o The methods and networks used for providing survey control are discretionary. However,details of the method and equipment proposed must be included in the Method andResource Statement.

o Local coordinate system (Local Grid)

Since no previous survey coordinate system is installed on site, a metric coordinate



system must be established related to the National Cartographic Grid network

Individual survey control points are to be provided to a geometric precision/accuracyof twice the geometric precision/accuracy required by individual measurements.

The coordinates shall be geo-referenced to the National reference system on theUTM projection as currently set out for the Maltese Islands by the Malta Environmentand Planning Authority (MEPA) All levels should similarly be referenced to the meansea level datum as set out by the same Authority.

All co-ordinates shall be according to internationally established norms, in the formof Eastings, Northings, and height.

All bench marks used shall be of a permanent nature, well defined and marked. Allmarkers have to be made of inert materials to ensure an indefinite lifetime. Type of markers and location shall be subject to prior approval by Malta Tourism Authority.These should be clearly identified on all surveys as described in this tender document and as approved by Project Manager. No permanent markers shall beallowed on original prehistoric surfaces.

Any temporary reference points installed on or within the archaeological remainsshall be completely reversible in nature, and shall be completely removed at the endof the works. The reversibility of any such points must be demonstrated by theContractor to the satisfaction of the Project Manager, prior to their installation.

• Registration procedures

o The residuals of the registration process must be shown to be equal to or better than thegeometric precision required by the end deliverable.

o Irregular features in the scan data caused by cracks or features on the subject that couldbe misinterpreted as errors in the registration must be augmented with illustrativephotography and noted in the final survey report.

o All levels should similarly be referenced to the mean sea level datum as set out by MEPA.

o Targets located in a defined coordinate system will usually be used to transform scandata to a common system:

A description of the targets to be used must be given in the Method and ResourceStatement and the location and naming of targets is to be clearly given on the sitesketches that accompany the survey report. No targets may be affixed using nails,glue or any other means, permanently or temporarily, onto original surfaces.

Targets should not be positioned, or be so large, that they obscure important detailsof the subject

The design of (approved) target types can change between available laser scanning

systems but generally should allow the positioning of the target by an appropriatesurvey method

The use of points of natural detail should generally be avoided

The Contractor is to use any system he/she deems appropriate to provide additionalchecks on the geometric quality of the scan data

• Supporting imagery

o Additional image data to show the location of the scanner and the subject being scannedis required for narrative purposes.

o Details of the quality of this imagery will be included in the Method and ResourceStatement, for approval.

Responsibilities



• Preliminary site inspection and clarification meeting

o The Contractor is requested to attend a site inspection and clarification meeting to be heldwith all tenderers, to verify the requirements of the project, clarify any queries, and to:

identify the existing site conditions and site parameters

identify any areas which cannot be physically surveyed, to be included in the Methodand Resource Statement as potential data voids

• Site operations

o The Contractor shall assume full responsibility for selecting the type of equipment to beemployed in order to complete the survey.

o He/she shall also be responsible for all works, processing of the data gathered,equipment, methodologies and training personnel necessary to carry out the works.

o All responsibilities as regards completeness of the survey, functionality and sufficiencyrest solely with the Contractor.

o As soon as any, or all, of the Contractor’s installation is no longer required for carrying out

the works, the Contractor shall disconnect and remove the same.

o Adhere to the conditions specified in the approved Health and Safety Plan.

Specific site restrictions

• Due to conservation issues, as well as Health and Safety concerns, no more than four (4)

persons (contractor’s staff) can be on site at any one time including the Project Manager who hasto be on site at all times during the execution of the works. These have to be accompanied at alltimes by at least one (1), and more probably two (2), Malta Tourism Authority representatives.Prior to beginning of works, the contractor will have to provide a list of persons, along with their

ID Card number and a description of their core competencies to Malta Tourism Authority. A sitepermit will be issued at the start of on site works detailing the names and I.D card numbers of thepersons indicated by the contractor. A copy of the permit will be on site at all times and themembers of the team will be asked to present their ID Card at the reception desk and/or to thesecurity guard on duty in order to gain access to the site.

• Contact with the original archaeological surfaces should be limited as much as possible.Adequate footwear - light-coloured (white or cream) soft-soled shoes - shall be worn at all timesby any person working within the Catacombs and shall respect conditions (due to conservationissues) set by the Heritage Malta representatives.

• The preservation and conservation of the site are of utmost priority and the contactor shall ensurethe protection of the historic fabric and sites from damage.

o In principle, any (temporary) reference points installed on or within the historic fabricshall be completely reversible in nature, and shall be carefully removed at the end of works, as approved in the Method and Resource Statement. Prior to their

installation, the reversibility of any such points must be demonstrated by thecontractor to the satisfaction of Malta Tourism Authority.

o Marks, likely to cause damage, will not be allowed. The use of nails, permanentstation markers, etc., is not permitted on any of the archaeological surfaces and thechoice of alternative locations is subject to approval of the mark and its location.Should these be approved, the markers installed shall be of inert materials to ensurean indefinite lifetime. Potential positions of fixing permanent bench marks shall be

discussed and identified during the preliminary site inspection.

o The effect of laser scanning on features such as lichens and delicate fabrics is notwell understood. Consideration should be given to the use of lasers in the vicinity of



such features.

o Heat generating equipment is not allowed within the Catacombs.

• Lighting inside the Catacombs

o Lamps that operate at high temperatures are not acceptable and adequate lightingequipment should be used. Working lights, cold-lighting equipment in the form of LEDlighting units or better, should be used when necessary, so as not to encouragealgeal and bacterial growth on the Hypogeum surfaces.

o Where the long-term use of lighting is required, a written ‘Risk Assessment andMethod Statement’, included with the Method and Resource Statement, should be

drawn up for the approval by Malta Tourism Authority and the Project Manager.

o The use of flash lights and/or strong continuous lighting for photographic reasons isprohibited. The lighting system to be used for photography must be included in theMethod & Resource Statement for approval by the Project Manager.

• The Contractor shall be responsible for the safety of all site works and s/he shall provide, ather/his own expense, such signboards, lighting and guard rails and shall ensure that all electricalinstallations required for conducting the surveys shall comply with the relevant National, BS or EU standard.

• The Contractor shall, at all times, bear responsibility for the choice of suitable instrumentation. Assoon as any, or all, of the Contractor’s installation is no longer required for carrying out the works,the Contractor shall disconnect and remove the same.

• The Contractor shall also mitigate any possible inaccuracies in the survey due to the highhumidity levels in the subterranean chambers, the subsequent presence of dark-coloured mouldand lichens and water on the walls.

Health and safety

• Health and Safety Plan

o The Contractor shall be responsible for all occupational Health & Safety risks arisingfrom all hazards generated by the site works and the existing site conditions. TheContractor shall submit a detailed Health and Safety Plan, including a riskassessment and proposed mitigation measures, for approval by Malta TourismAuthority and the Project Manager, compliant with local legislation and regulations,prior to commencement of the works on site.

o The Contractor shall ensure that this plan is adhered to during the duration of thecontract period

• The Contractor is to ensure that best practice is adopted in the safe use of laser products,conforming to IEC 60825. These should mainly include:

o Only qualified and trained persons should be assigned to install, adjust and operatethe laser equipment on site.

The instrument should only be used in accordance with the manufacturer’sinstructions. Any certificates or statements from the manufacturers on their inherent safety must be included

The users are aware of the class of their instrument, and the risks associated

The users must be aware of any need for personal protection; accidentreporting procedures, and bio-effects of the laser upon the eye and skin

The Contractor is to ensure that the correct and updated laser classification system is being used.

• Precautions should be taken to ensure that persons do not look into



the beam (prolonged intrabeam viewing can be hazardous)

• Direct viewing of the beam through optical instruments (theodolites,etc.) may also be hazardous

o The Contractor is to implement hazard control procedures, put up warning signs etc;so that:

Areas where these lasers are used should be posted with an appropriate‘lasers in operation’ warning sign.

Ensures adequate warning to individuals of hazards associated withaccessible radiation from laser products through signs, labels andinstructions.

In addition to the risks associated with lasers, users should be aware that dueto the size and weight of some systems there is a risk of injury to visitors,especially children, if systems are left unaccompanied.

Reduce the possibility of injury by minimizing unnecessary accessibleradiation.

o Laser beam paths should:

be located above or below eye level (where practical)

be as short as possible and avoid crossing walkways and access routes

Precautions should be taken to ensure that the laser beam is notunintentionally directed at mirror-like (specular) surfaces.

o When not in use the laser should be stored in a location where unauthorizedpersonnel cannot gain access.

Provision of temporary notice of survey

• The contractor is to supply and display an information panel including:

o Name of contractor

o Type or survey work being carried out

o Reason for survey

o Anticipated timescale

Training of Malta Tourism Authority / Heritage Malta staff

• The Contractor is to ensure the skills transfer necessary for future use of the results of this surveyby Heritage Malta. One Malta Tourism Authority representative and one Heritage Maltarepresentative, will be allowed to observe and, if possible, participate in, the creation andprocessing of the both 3D survey and 360

0panoramic photographic documentation of the St

Augustine’s Catacombs complex.

• Malta Tourism Authority / Heritage Malta representative/s may / will accompany the Contractor onsite during fieldwork. During the data processing phase, Malta Tourism Authority / Heritage Maltareserves the right to send, at their own expense, representative/s for training at the premises inwhich the data is being processed.

Deliverables



• The Contractor shall ensure that all data submitted is accurate, and that all digital data supplied iseasily accessible. If any discrepancies, faults, or difficulties of any nature are encountered whenutilising/ accessing the information, both digital and physical, requested in this tender, theContractor shall make good these deficiencies at no extra cost to the Contracting Authority.

• Pre-survey deliverables

o Prior to survey, if requested by Malta Tourism Authority, the Contractor is to submit arevised detailed Method and Resource Statement for (final) approval. Once it isapproved, this document will supersede the original document submitted in the tender

bid.

• Survey deliverables

o The aim of this documentation exercise is to constitute a holistic 3-D model of thesurface of the complex, in the form of point cloud, mesh and draped photographicimages (texture mapping), as well as abstracting vector information from the gathereddata. The resulting survey will also enable the possibility of adding other layers of information onto the surface of the 3-D model.

• Metadata

o

Certain standard deliverables are required for every survey performed. Metadata(information relating to the captured information) is required with all raw scan dataand scanning projects. Metadata should be provided in both hardcopy and digitalform. The standard deliverables in digital form, unless otherwise stated, shouldinclude:

o Project metadata

• Details of all benchmark positions.

• Photogram survey layout (where and if photograms are used for thecompilation of this survey).

• UTM spot levels prepared for the main network/ traverse.

o Raw scan data.

Scan metadata. Each file submitted should have the following metadata:

File name of the raw data

Date of capture

Scanning system used (with manufacturers serial number)

Company name

Site name

Site Code

Scan number (unique scan number for this survey)

Total number of points

Point density on the object (with reference range)

The file name of an image, located at the point of collection, showing the

data collected – the filename should be the same as the filename of the rawdata file.

Control information



Registration information for all raw scans to the approved coordinate system

Registered scan data (aligned scan clouds)

o A hard copy survey report is also required containing:

Witness/illustrative diagrams outlining the position of scanning stations and controlpoints.

Details of the traverse/control network used, a list of the three-dimensional positions

of all control points and residuals for the computed XYZ control.

The precision of any parameters derived in the registration process for each scanalong with the residuals of the registration.

A summary outlining the completeness of the point cloud and all known (pre-approved) data voids.

All site sketches/additional field notes.

o The successful contractor shall produce the surveys as described in this document, andshall, under NO circumstances, make use of any existing surveys, photogrammetric surveys,laser scans, digital or physical data for the documentation of the underground complexindicated on the attached drawings unless explicitly instructed in writing to do so by theProject Manager.

o Data shall include all information considered of importance for any future restitution, and/or amendment of the 3-D survey.

o (3-D) Modelling

The Contractor is to submit a complete mesh of the underground complex suitablefor use in several types of analysis.

The Contractor is also to submit a complete texture-mapped model through the use

of image textures.

Analysis, during or after the deliverable generation of data, should always includesupplementary data to support any conclusions made.

o Photographic documentation

All photographic documentation taken during the scanning operation is to besubmitted in TIFF, 24 bit and a resolution to ensure at least 5000 pixels on thelonger side of the image.

A reference plan shall be submitted identifying the location and coverage of theindividual photographs used for the compilation of this survey.

o Data format

To assist in the future management of scan data, all data is required to be deliveredin a pre-specified format with emphasis on the transferability of data betweensoftware systems.

The proposed delivery format of the raw point cloud should be as outlined in theMethod and Resource Statement and approved by Malta Tourism Authority.

Three Dimensional (3D) Coordinates (Eastings, Northings and Height) shall beincluded for all line and polyline vertices for files submitted in DXF format.

A textured model shall be submitted in , OBJ (.OBJ), 3DStudioMax (.3ds), AutodeskFBX (.fbx), or approved equivalents.. For each format, two versions of the modelshould be submitted - a full resolution version and a 'lite' version at 25% or less of



the original polygon count.

In addition to the textured model, the 3d model shall also be delivered in:

an extensible 3D (X3D) format of the 3-dimensional virtual model, renderedand optimised for web publishing. The code provided has to be ISO 19775,19776 and 19777 compliant, based on the web 3D consortium. Ideally allprofiles should be provided, however core profiles namely, Navigation, Core,Interactive / MPEG-4 Interactive and Immersive profile should be provided. Allprofiles provided should include, where appropriate, the following

components: Time, Rendering, Texturing, Interpolation, Navigation, Lighting,Geometry 3D, Shape and Networking. The model should also support avariety of encoding formats, including, but not limited to, Extensible MarkupLanguage (XML). It is imperative that HM is supplied with the X3D code thatis readable by most X3D developer toolkits for further in-house developmentof the 3D model. At least two versions of the final X3D models should besupplied. One version should be ‘lite’ hence comprising only of theNavigation and Texturing profiles, thus allowing easier deployment of modelover web pages and over broadband internet. The other should be a fullyfletched version of the X3D model. Both models should be compliant to thelatest Web 3D consortium standards and best practices, and should beplayable by de facto standard players and plugins such as (but not limited to)Cortona, Octaga, Vivaty (formerly Flux), Bitmanagement, among others (refer

to Web 3D consortium members).

Both models should be submitted in x3D and Collada (.dae) file formats.

A low-resolution, low-level of detail, low density non-texture-mapped,georeferenced 3D model for integration within a GIS application. This shouldbe submitted in GeoVRML format, or approved equivalent.. A raw version inASCII XYZ file format should also be included. Should file size be prohibitive,the model in each of these deliverables may be divided into three files,separating each complex into three tombs.

The file format/s shall be also compatible with the following software, or more recentversion thereof, including:

Autodesk AutoCAD 2000

Meshlab v 1.3.0 or earlier (http://meshlab.sourceforge.net/)

Blender v 2.6 or earlier (http://www.blender.org/)

Adobe 3DStudio Max

ArcGIS 9.2 (ArcView version)

o The Digital product shall be such to enable the user to:

Toggle, display and manipulate the different renders and formats for the wholemodel, i.e. point-cloud data, contour data, surface textured model, or as a drapedphotographic model, without the need of changing files/software platform

Enable simple measurement by the end user for simple interpretation processes,such as the collection of basic dimensions in the form of Cartesian co-ordinates anddistances between different points

Used as a base map for a database which may be developed further by MaltaTourism Authority / Heritage Malta

Will enable a continuous digital updating of the 3-Dimensional computer generatedmodel to include for any modifications to the complex such as, changes resultingfrom any further archaeological investigations.



o File sizes

Whilst detail and resolution is of utmost importance, care should be taken to ensurethat files submitted are of such size as to enable ease of handling and access of information.

The Contractor should seek approval to filter areas of overlapping scan data, toreduce the point density in the final registered point cloud, and hence reduce filesizes and improve software performance/data handling during processing.

o Media

All data files shall be submitted in DVD-ROM format and on a write-protectedexternal hard-drive. Each DVD-ROM shall include a file describing the contents of the DVD-ROM, the date of the survey, restitution and all other relevant metadata. Aminimum of 2 copies of each DVD-ROM shall be submitted.

Data stored in the Contractor’s archive, must have the ability to be accessed after along period of time. Therefore, media must be stable and have long term accesssolutions.

The media are to be labelled, which label is to include the title of the project andtender number, the revision number (if any) and the files/data included.

3600 PANORAMIC PHOTOGRAPHIC SURVEY

Tendering phase

Method and Resource Statement

The contractor shall submit with this tender a detailed Method and Resource Statement based onthe scope of work. This should include:

a) Technical specifications of the photographic system, or systems, to be used

o Photographic systems used must be accompanied with:

A certificate confirming the system is in good working order

b) Method and equipment proposed for providing survey control, including type of surveymarkers

c) The proposed resolution

d) Proposed output device, resolution and media

e) Detailed schedule of works including fieldwork, data processing as well as a deliverytimetable/milestones

f) A list of access equipment to be used on site (including ladders, scaffolding, any mechanicallifters or other vehicles necessary)

g) A list of lighting and electrical equipment to be used on site. Due to the sensitive nature of thesite, full technical specifications should be provided for each of the listed items. The use of heat generating equipment is not allowed within the Catacombs. In the case of light-generating equipment, indicate approximate duration of use.

h) A list of the precautions which will be taken to avoid marking or otherwise damaging thearchaeological surfaces by staff or equipment (e.g. rubber tips on tripods, light-coloured soft-soled shoes).

i) A detailed Health and Safety Plan, according to the present regulations as issued by theOrdinance Health and Safety Authority and any other competent authorities, for approval

j) Data retention and archiving policy of contractor



Project Implementation

The 3600

panoramic photographic documentation of the St. Augustine’s Catacombs shall consist in asurvey which will:

Document the undergound Catacomb complex

a) Record in great detail and a minimum resolution of 10 mega pixels of all sections of the St.Augustine’s Catacombs underground complex. This shall include all paving, structures, andground surfaces within the areas indicated on the enclosed plans.

b) Constitute a holistic 3600

navigable model of the surface of the structures, where therestitution of information such as documents, images and other data may be freely added byconsultants through hotspots or other media.

General requirements

The successful Contractor shall also ensure that the data described above will:

a) Enable a continuous digital updating of information included in the 3600

model.

b) Enable accurate and high quality scaled printouts of separate 360o

views,

c) Permit the model to be presented in a digital format which could be used for virtual walk-through presentations.

The successful contractor shall be free to use any/or combination of, surveying techniques that hedeems suitable, provided that the end product is as specified in this document, and that:

a) Any photogrammetric surveys shall be carried out using the most advanced, state of the arttechnology, and all personnel employed, particularly on the restitution shall have adequateexperience on this work. The use of HDR imagery is required.

b) Any triangulation can be carried out using both classical surveying techniques (total stations),

and GPS instrumentation, provided that the final outcome of the works will be as specified inthis tender document.

c) Aerial triangulation will not be permitted for the purpose of relating the survey to the Nationalreference system.

Technical Requirements

This survey shall include the following requirements and methodology:

• Survey Control

o The methods and networks used for providing survey control are discretionary. However,

details of the method and equipment proposed must be included in the Method andResource Statement.

o Local coordinate system (Local Grid)

Since no previous survey coordinate system is installed on site, a metric coordinatesystem must be established related to the National Cartographic Grid network

Individual survey control points are to be provided to a geometric precision/accuracyof twice the geometric precision/accuracy required by individual measurements.

The coordinates shall be geo-referenced to the National reference system on theUTM projection as currently set out for the Maltese Islands by the Malta Environment

and Planning Authority (MEPA) All levels should similarly be referenced to the meansea level datum as set out by the same Authority.

All co-ordinates shall be according to internationally established norms, in the form



of Eastings, Northings, and height.

All bench marks used shall be of a permanent nature, well defined and marked. Allmarkers have to be made of inert materials to ensure an indefinite lifetime. Type of markers and location shall be subject to prior approval by Malta Tourism Authority.These should be clearly identified on all surveys as described in this tender document and as approved by Project Manager. No permanent markers shall beallowed on original prehistoric surfaces.

Any temporary reference points installed on or within the archaeological remains

shall be completely reversible in nature, and shall be completely removed at the endof the works. The reversibility of any such points must be demonstrated by theContractor to the satisfaction of the Project Manager, prior to their installation.

• Supporting imagery

o Additional image data to show the location of the scanner and the subject being scannedis required for narrative purposes.

o Details of the quality of this imagery will be included in the Method and ResourceStatement, for approval.

Responsibilities

• Preliminary site inspection and clarification meeting

o The Contractor is requested to attend a site inspection and clarification meeting to be heldwith all tenderers, to verify the requirements of the project, clarify any queries, and to:

identify the existing site conditions and site parameters

identify any areas which cannot be physically surveyed, to be included in the Methodand Resource Statement as potential data voids

• Site operations

o The Contractor shall assume full responsibility for selecting the type of equipment to beemployed in order to complete the survey.

o He/she shall also be responsible for all works, processing of the data gathered,equipment, methodologies and training personnel necessary to carry out the works.

o All responsibilities as regards completeness of the survey, functionality and sufficiencyrest solely with the Contractor.

o As soon as any, or all, of the Contractor’s installation is no longer required for carrying outthe works, the Contractor shall disconnect and remove the same.

o Adhere to the conditions specified in the approved Health and Safety Plan.

Specific site restrictions

• Due to conservation issues, as well as Health and Safety concerns, no more than four (4)persons (contractor’s staff) can be on site at any one time including the Project Manager who hasto be on site at all times during the execution of the works. These have to be accompanied at alltimes by at least one (1) representative from the Heritage Malta. Prior to beginning of works, thecontractor will have to provide a list of persons, along with their ID Card number and a descriptionof their core competencies to Heritage Malta. A site permit will be issued at the start of on siteworks detailing the names and I.D card numbers of the persons indicated by the contractor. Acopy of the permit will be on site at all times and the members of the team will be asked topresent their ID Card at the reception desk and/or to the security guard on duty in order to gain

access to the site.

• Contact with the original archaeological surfaces should be limited as much as possible.Adequate footwear - light-coloured (white or cream) soft-soled shoes - shall be worn at all timesby any person working within the Catacombs and shall respect conditions (due to conservation



issues) set by the Heritage Malta representatives.

• The preservation and conservation of the site are of utmost priority and the contactor shall ensurethe protection of the historic fabric and sites from damage.

o In principle, any (temporary) reference points installed on or within the historic fabricshall be completely reversible in nature, and shall be carefully removed at the end of works, as approved in the Method and Resource Statement. Prior to their

installation, the reversibility of any such points must be demonstrated by thecontractor to the satisfaction of Malta Tourism Authority.

o Marks, likely to cause damage, will not be allowed. The use of nails, permanentstation markers, etc., is not permitted on any of the archaeological surfaces and thechoice of alternative locations is subject to approval of the mark and its location.Should these be approved, the markers installed shall be of inert materials to ensurean indefinite lifetime. Potential positions of fixing permanent bench marks shall bediscussed and identified during the preliminary site inspection.

o The effect of laser scanning on features such as lichens and delicate fabrics is notwell understood. Consideration should be given to the use of lasers in the vicinity of such features.

o Heat generating equipment is not allowed within the Catacombs.

• Lighting inside the Catacombs

o Lamps that operate at high temperatures are not acceptable and adequate lightingequipment should be used. Working lights, cold-lighting equipment in the form of LEDlighting units or better, should be used when necessary, so as not to encouragealgeal and bacterial growth on the Hypogeum surfaces.

o Where the long-term use of lighting is required, a written ‘Risk Assessment andMethod Statement’, included with the Method and Resource Statement, should bedrawn up for the approval by Malta Tourism Authority and the Project Manager.

o The use of flash lights and/or strong continuous lighting for photographic reasons isprohibited. The lighting system to be used for photography must be included in theMethod & Resource Statement for approval by the Project Manager.

• The Contractor shall be responsible for the safety of all site works and s/he shall provide, ather/his own expense, such signboards, lighting and guard rails and shall ensure that all electricalinstallations required for conducting the surveys shall comply with the relevant National, BS or EU standard.

• The Contractor shall, at all times, bear responsibility for the choice of suitable instrumentation. Assoon as any, or all, of the Contractor’s installation is no longer required for carrying out the works,the Contractor shall disconnect and remove the same.

• The Contractor shall also mitigate any possible inaccuracies in the survey due to the highhumidity levels in the subterranean chambers, the subsequent presence of dark-coloured mouldand lichens and water on the walls.

Deliverables

• The Contractor shall ensure that all data submitted is accurate, and that all digital data supplied iseasily accessible. If any discrepancies, faults, or difficulties of any nature are encountered whenutilising/ accessing the information, both digital and physical, requested in this tender, theContractor shall make good these deficiencies at no extra cost to the Contracting Authority.

•

Pre-survey deliverables

o Prior to survey, if requested by Malta Tourism Authority, the Contractor is to submit arevised detailed Method and Resource Statement for (final) approval. Once it isapproved, this document will supersede the original document submitted in the tender



bid.

• Survey deliverables

o The aim of this documentation exercise is to constitute a holistic 3600

photographicdocumentation of the catacombs and the use of such documentation into a walk-through model to be used by both visitors and professional teams

• Metadata

o Certain standard deliverables are required for every survey performed. Metadata(information relating to the captured information) is required with all raw data projects.Metadata should be provided in both hardcopy and digital form. The standarddeliverables in digital form, unless otherwise stated, should include:

o Photographic data.

Each file submitted should have the following metadata:

File name of the raw data

Date of capture

documentation system used (with manufacturers serial number)

Company name

Site name

Site Code

Photo number (unique number for this survey)

Resolution

The file name of an image, located at the point of collection, showing thedata collected – the filename should be the same as the filename of the rawdata file.

Control information

Registration information for all raw photos to the approved coordinate system

o A hard copy survey report is also required containing:

Witness/illustrative diagrams outlining the position of Photo stations and controlpoints.

Details of the traverse/control network used,

All site sketches/additional field notes.

o The successful contractor shall produce the surveys as described in this document, andshall, under NO circumstances, make use of any existing surveys, photogrammetric surveys,laser scans, digital or physical data for the documentation of the underground complexindicated on the attached drawings unless explicitly instructed in writing to do so by theProject Manager.

o Data shall include all information considered of importance for any future restitution, and/or amendment of the 360

0photographic survey.

o Photographic documentation

All photographic documentation taken during the survey is to be submitted in, atleast, TIFF, 24 bit and a resolution to ensure at least 10,000 pixels on the longer



side of the image.

A reference plan shall be submitted identifying the location and coverage of theindividual photographs used for the compilation of this survey.

o Data format

To assist in the future management of the data, all data is required to be delivered ina pre-specified format with emphasis on the transferability of data between software

systems..

The 360 degree tour shall be submitted in the original file format (according to thesoftware used by the Contractor) and either Apple Quicktime (QTVR format), AdobeFlash or Java. For each file format two versions of the tour will be submitted - a fullversion which includes all areas of the site and a 'lite' or public version whichincludes only the areas indicated by the Project Manager for public display.

o The Digital product shall be such to enable the user to:

Toggle, display without the need of changing files/software platform

o File sizes

Whilst detail and resolution is of utmost importance, care should be taken to ensurethat files submitted are of such size as to enable ease of handling and access of information.

The Contractor should seek approval to filter areas of overlapping scan data, toreduce the point density in the final registered point cloud, and hence reduce filesizes and improve software performance/data handling during processing.

o Media

All data files shall be submitted in DVD-ROM format and on a write-protected

external hard-drive. Each DVD-ROM shall include a file describing the contents of the DVD-ROM, the date of the survey, restitution and all other relevant metadata. Aminimum of 2 copies of each DVD-ROM shall be submitted.

Data stored in the Contractor’s archive, must have the ability to be accessed after along period of time. Therefore, media must be stable and have long term accesssolutions.

The media are to be labelled, which label is to include the title of the project andtender number, the revision number (if any) and the files/data included.

4.3 - Project Management

4.3.1 Responsible Body

Malta Tourism Authority has the function of Project Leader and Project Manager. The ProjectManager shall give guidance to the contractor on risks of impact on the monuments.



4.3.2 Management Structure

For the purposes of this project one person from the EU Projects Division’s Office with previousexperience in large-scale capital projects, will have the role of overall Project Leader.

The Project Leader is directly responsible for:- the day-to-day management of the project- reporting, record keeping and archiving of project-related documents,- project scheduling and budgeting- the coordination of the tendering process and works (in collaboration with the Project Manager andin liaison with the Department of Contracts, technical advisors from other Malta Tourism Authority /Heritage Malta divisions and external consultants)- liaison with the various governmental authorities

The Project Leader is supported by a Project Team of technical experts from Malta Tourism Authority/ Heritage Malta

In addition, during all phases of the work, regular contact must be maintained with Malta TourismAuthority’s appointed representative who will give guidance to the contractor on the general executionof works, and any questions that may arise on the final beneficiary’s requirements. The ProjectManager may in turn consult the Project Leader and other members of Malta Tourism Authority.

For the purposes of this study Heritage’s Malta Preventive and conservation Unit and DiagnosticScience Laboratories will be liaising with the Project team on this tender.

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

On the two sites there is a basic power supply which may be used by the contractor, however noclaims for delays will be entertained on the grounds of the supply being interrupted or inadequate.

Storage space for equipment, if necessary, shall also be provided. Equipment shall be stored at theselocations at the contractor’s risk.

5. Logistics and Timing

5.1 – Location

All works shall be carried out at the St. Augustine’s Catacombs underground complex, Rabat, Malta

5.2 - Commencement Date & Period of Execution

Project Leader

Project Team

- Technical

Experts

- Project Manager

Heritage Malta

- Finance Office

- Projects Office

Project Supervision

- Project architects

- Architecturalconsultants



The intended commencement date is a month from signing of contract and the period of executionof the contract will be of 8 months from signature of contract. Article 19.1 of the SpecialConditions will determine the actual commencement date and period of execution.

6. Requirements

6.1 – Personnel

6.1.1 Other Experts

CVs for experts other than the key experts are not examined prior to the signature of the contract.

The Consultant shall select and hire other experts as required according to the profiles identified inthe Organisation & Methodology and/or these Terms of Reference. For the purposes of thiscontract, international experts are considered to be those whose permanent residence is outsidethe beneficiary country while local experts are considered to be those whose permanent residenceis in the beneficiary country.

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

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

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

6.1.2 Support Staff and Backstopping

The contractor shall select and hire other support staff as required according to the profiles identifiedin the Organisation and Methodology by the Contractor with the offer.

6.2 – Accommodation

No office facilities are available at any of the two sites.

The Contractor shall make use of his/her own office, office support and equipment. All officeexpenses including stationery and printing are to be covered by the global price quoted. Meetingsmay be held in premises supplied by the Client.

Since the project is concerned with an external site, operations will be conducted from the Contractor own office.

6.3 - Facilities to be provided by the Consultant

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

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



6.4 – Equipment

The Equipment is the responsibility of the contractor for the entire duration of the project andwill be his entire responsibility in virtue of maintenance, damages and replacement.

The Contractor shall provide all equipment necessary for the fulfilment of this contract.

NO equipment is to be purchased on behalf of the Contracting Authority / beneficiary country as partof this service contract or transferred to the Contracting Authority / beneficiary country at the end of this contract. Any equipment related to this contract which is to be acquired by the beneficiary countrymust be purchased by means of a separate supply tender procedure.

7. Reports

7.1 - Reporting Requirements

The consultant and supporting team are to submit:- one (1) written progress report and corresponding invoice along with not less than 20% of

the survey after three months from signature of contract

- one (1) interim report and corresponding invoice along with not less than 40% of thesurvey, to be submitted 6 months after signature of contract

- one (1) final report including presentation of results to selected Malta Tourism Authoritystaff.

These reports shall include details on the progress up to submission of report as well as allrelevant data collected supported by drawings, images, graphs and tubular analysis as necessary.

The reports shall cover the areas outlined in this document:

• Three (3) hard copies and one (1) electronic copy of the reports in English shall be produced andpresented to the Agency in MS Word format.

• Any drawings submitted are to be in ACAD format, digitally plotted in three dimensions. Any

drawings are to be submitted as digital CAD files in an AutoCAD .DWG format. The files are toinclude a printable set-up in paper space in relevant scale and paper size, including a title block,which should also include clear titles of the drawings on the sheet, the scales, the revisionnumber (if any), the date of issue, etc.

• Any images submitted are (unless otherwise specified) to be in jpeg format at 300dpi. Generaland detailed photographic documentation involving colour quantification so as to record and backup all aspects of the documentary process are to be included in the reports. Photographs,images, graphs and tubular analysis are to be linked to the plans so as to provide a spatial link tothe area they are recording.

• All data plotted within the graphs/report should be accompanied with a full copy of all the datacaptured for the purposes of this study for both sites for the entire duration period. The format of

this data must be agreed upon in advance with Malta Tourism Authority and must be compatibleto systems utilised by Malta Tourism Authority. Any dedicated software utilised for the purposesof this study must be provided to Malta Tourism Authority for use during and post project at noextra annual cost thereafter.

The draft Final report is to be submitted 1 month before the end of the period of execution of thiscontract with the final report for the 3D and 3600 Panoramic Photographic documentation andpresentation is to be submitted 1 month after the end of the eight (8) month period of the execution of

the study. Three (3) digital copies of all the data will be submitted together with the final report. (seearticle 4.2 of the TORs for detailed reporting requirements.)

All correspondence and memoranda will be kept in soft and hard copy and kept for recordspurposes. The reports in English shall be produced and presented in Microsoft Office XP

compatible to the Project Management Team (3 hard copies and 1 electronic copy), who will evaluateand approve these reports.

Designs and other documents prepared by the Contractor for this Project are instruments for use



solely with respect to this Project. The Client shall have the right to retain copies and to use them for the purposes of the Project. All reports, correspondence, photographs, documentation and relateddocuments are to be finally deposited within Malta Tourism Authority, which shall be the sole and onlyowner of these documents.

7.2 - Submission & approval of progress reports

3 copies of the progress reports referred to above must be submitted to the Project Manager identified in the contract. The progress reports must be written in English. The Project Manager is

responsible for approving the progress reports.

• 45-day verification period

o Within forty-five (45) working days of receiving the surveys, the Project Manager isbound to make all necessary site verifications to confirm the accuracy and validity of the information prepared by the Contractor.

o During this period, contractor shall make available to the client, free of charge, allmaterial, equipment and personnel necessary to carry out on site verifications.

o The Project Manager shall inform the Contractor of any discrepancies or inaccuraciesnoted, who shall in turn make good any such divergence at his own expense and

without unnecessary delays. This procedure will be repeated until survey iscompleted to the satisfaction of the Project Manager, who may extend the period if the corrections made by the Contractor within the period stipulated are deemedunsatisfactory.

• Notwithstanding, the Contractor shall remain responsible for any errors or inaccuracies for aperiod of twenty-four (24) months from the completion of the survey, during which period he shallremain responsible to correct any discrepancy at his own expense.

• Heritage Mata reserves the right to reject any product that does not comply with the requiredspecifications. The Contractor shall make good these deficiencies at no extra cost.

8. Monitoring and Evaluation

8.1 - Definition of Indicators

The Consultant shall have his/her performance measured and evaluated against milestones andobjectives set out in the project plan and/or its authorised revisions. The following indicators shall beused to monitor the progress of the contract:

• Random checks of the levels of accuracy of the models may be conducted by the ProjectManager at any stage of the contract.

• Approval of reports/submissions as per approved Timetable of Activities

• Approval of the deliverables for the 3D survey and 3600

panoramic photographic documentationof the St. Augustine’s Catacombs Underground Complex as described in the above sections of these Terms of Reference.

The submission of specific deliverables with the progress reports will allow the results to be monitoredand evaluated before the end of the period of the execution of the contract.

8.2 - Special Requirements

Nil



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

To be completed by the tenderer

1. RATIONALE

• Any comments on the Terms of reference of importance for the successful execution of activities, in particular its objectives and expected results, thus demonstrating the degree of understanding of the contract. Any comments contradicting the Terms of reference or fallingoutside their scope will not form part of the final contract

• An opinion on the key issues related to the achievement of the contract objectives and expectedresults

• An explanation of the risks and assumptions affecting the execution of the contract

2. STRATEGY

• An outline of the approach proposed for contract implementation

• A list of the proposed activities considered to be necessary to achieve the contract objectives

• The related inputs and outputs

• In the case of a tender being submitted by a consortium, a description of the input from each of the consortium partners and the distribution and interaction of tasks and responsibilitiesbetween them

• A description of the support facilities (back-stopping) that the team of experts will have fromthe contractor during the execution of the contract

• A description of sub-contracting arrangements foreseen, if any and within the limit indicated inclause 3 of the Instructions to tenderers, with a clear indication of the tasks that will beentrusted to a sub-contractor and a statement by the tenderer guaranteeing the eligibility of any sub-contractor

3. TIMETABLE OF ACTIVITIES

• The timing, sequence and duration of the proposed activities, taking into account mobilisationtime

• The identification and timing of major milestones in execution of the contract, including anindication of how the achievement of these would be reflected in any reports, particularly thosestipulated in the Terms of reference



VOLUME 4 - FINANCIAL BID

Global price for Service Tender for 3D and 3600 Panoramic Documentation at St

Augustine’s Catacombs, Triq Hal Bajada, Rabat as outlined in the Tender Document,

Document Number MTA / 797 / 2011:

Description Price inclusive of alltaxes but excluding

VAT

Amount in Euro (€)

VAT


Total inclusive of VAT


[insertDescription]

€..........................

Amount in Words:

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

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

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

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

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

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

€..........................

Amount in Words:

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

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

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

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

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

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

€..........................

Amount in Words:

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

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

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

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

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

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

(Option 1): The above amount must not be broken down further

OR

(Option 2): FINANCIAL BID BREAKDOWN

Item Description of Service

Price inclusiveof all taxes butexcluding VAT

Amount inEuro (€)

VAT

Amount inEuro (€)

Total inclusiveof VAT

Amount inEuro (€)

A

B

C

GRAND TOTAL



VOLUME 5 – DRAWINGS

Design Documents, including Drawings

Section 5.1

List of drawings attached

No Name Drawing No Design No

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.



Section 5.2

List of design documents available

No Designer Design No Design name Date

1.

2.

3.

4