Tender for Floor & Wall Tiling Works at St Benedict's College

CT Notice CT 086/2009
CT File No. CT 2047/2009

FTS C 05-09
Closing Date: 09 APR 2009 at 10:00a.m (Malta Time)
Date Published: 24 FEB 2009
TENDER FOR FLOOR AND WALL TILING

WORKS, GRANITE AND MARBLE WORKS AT
THE NEW MULTI-PURPOSE HALL AT ST.
BENEDICTS COLLEGE, KIRKOP
IMPORTANT NOTE REGARDING TENDER GUARANTEE (BID BOND):
TENDERERS ARE TO ENSURE THAT THE MANDATORY BID BOND OF 3,500

(THREE THOUSAND FIVE HUNDRED EURO) IS TO REMAIN VALID UP TO
07 SEP 2009.
THE DIRECTOR OF CONTRACTS

FOUNDATION FOR TOMORROWS SCHOOLS
CONTRACTS DEPARTMENT
NOTRE DAME RAVELIN, SIR ADRIAN DINGLISTREET,
FLORIANA, MALTA PEMBROKE
Tel: 0356 21220212 Tel: 0356 21387664

Fax: 0356 21387660
Fax: 0356 21247681
www.contracts.gov.mt e-mail: info.fts@gov.mt
2009
Fee 80
Tender for Floor & Wall Tiling Works, Granite & Marble Works at the New Multi-Purpose Hall at St. Benedicts College, Kirkop
TENDER FORM FOR A WORKS CONTRACT
Publication reference: CT _______ /08
Name of Contract: Floor and Wall Tiling Works, Granite and Marble Works at the New Multi-Purpose
Hall at St. Benedicts College, Kirkop
A: Department of Contracts, Notre Dame Ravelin, Floriana, CMR02 Malta
______________________________________________________________________________________________
1 SUBMITTED BY
Name(s) of tenderer(s) Nationality

Leader
Partner 2*
Etc *
* add/delete additional lines for partners as appropriate. Note that a subcontractor is not considered to be a
partner for the purposes of 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).
1 CONTACT PERSON (for this tender)
Name
Address
Telephone
Fax
E-mail
2 TENDERERS DECLARATION(S)
To be completed and signed by the tenderer (including each partner in a consortium)
In response to your letter of invitation to tender for the above contract, we, the undersigned, hereby
declare that:
1 We have examined and accept in full the content of the dossier for invitation to tender No
() of (././.). We hereby accept its provisions in their entirety, without
reservation or restriction.
@BCL@D00FAA7C
2 We offer to execute, in accordance with the terms of the tender dossier and the conditions and
time limits laid down, without reserve or restriction, the following works:
Tender for Floor & Wall Tiling Works, Granite & Marble Works at the New Multi-Purpose
Hall at St. Benedicts College, Kirkop
3 The price of our tender (excluding the discounts described under point 4) is:
(.)
4 We will grant a discount of (%), or (). (in the event of our being awarded
the works tender).
5 This tender is valid for a period of 5 calendar months from the final date for submission of
tenders.
6 If our tender is accepted, we undertake to provide a performance guarantee of 10% of the

contract value as required by clause 1.15 at Part 1, Instructions to tenderers.
7 Our firm/company (and our subcontractors) has/have the following nationality:

()
8 We are making this application in our own right and (as partner in the consortium led by
<name of the leader/ourselves>)* for this tender. We confirm that we are not tendering for the
same contract 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 to bind, and receive instructions for and on behalf of, each member,
and that all partners in the joint venture/consortium are bound to remain in the joint
venture/consortium for the entire period of the contracts performance).
9 We are not in any of the situations excluding us from participating in contracts which are
listed in Clause 2.62 of Part 2, Special Conditions of Contract.
10 We agree to abide by the ethics clauses in clause 2.63 of the Special Conditions of Contract
and, in particular, have no potential conflict of interests or any relation with other candidates
or other parties in the tender procedure at the time of the submission of this application. We
have no interest of any nature whatsoever in any other tender in this procedure.
11 We will inform the Central Government Authority immediately if there is any change in the
above circumstances at any stage during the implementation of the contract. We also full
recognise and accept that any inaccurate or incomplete information deliberately provided in
this application may result in our exclusion from this and other contracts.
@BCL@D00FAA7C
12 We note that the Central Government Authority is not bound to proceed with this invitation to
tender and that it reserves the right to award only part of the contract. It will incur no liability
towards us should it do so.
Name and first name: (.)
Duly authorised to sign this tender on behalf of:

(..)
Place and date: (..)
Stamp of the firm/company:
This tender includes the following annexes:

(Numbered list of annexes with titles)
I Subcontractors List
II Bar Chart showing Milestone Activities, Duration and Manpower Levels
III Details of Personnel
IV List of Similar Projects
V Occupational Health And Safety Declaration Waiver And Indemnity
VI Procedure for the submission of appeals (Part XIII)
VII Bid-Bond
VIII Performance Bond
IX Non Collusive Tendering Certificate
X Statement On Excluding Circumstances Of Regulation 49 Of Public Contracts Regulations 2005.
XI Financial Identification Form
@BCL@D00FAA7C
Contents
Volume One
Part 1 Tenderers Check list (to be completed by tenderer)

Instructions to Tenderers
Part 2 Special Conditions of Contract and General Conditions
Part 3 Specifications
Volume Two
Part 4 Bill of Quantities
Part 5 Annexes
Part 6 List of Drawings
@BCL@D00FAA7C
PART 1
TENDERERS CHECK LIST
(to be completed by tenderer)
Kindly sign in the boxes provided, to signify that you have delivered Tenderer
the following; Signature
I confirm that I / We have submitted Tender Form For A Works
Contract, duly completed.
Vide 1.13.1 - I / We confirm that no alterations (other than filling in the
blanks intended to be filled in) have been made in the Tender Form and
in the other sections of the Tender Documents which shall be submitted
intact with the items in the Bill of Quantities fully priced and totalled and
a rate or a lump sum (where so indicated) inserted against every item
therein. In addition, only one (1) rate - or one (1) lump sum price, as the
case may be has been inserted per item in the Bills of Quantities.
Vide 1.08.1 - I confirm that I have submitted samples and full technical
literature of the type being proposed in the tender bid, for the following
items:
a) 2 Tiles 450mm x 450mm x 9mm Gres Ceramic floor tiles
(glazed, semi-matt, smaltato);
b) 2 Tiles 200mm x 200mm x 6mm glazed ceramic wall tiles as
per specifications;
c) 2 Skirting tiles 450mm long as per specifications;
d) Proprietary grouting;
e) 1 Tile 200mm x 200mm Terrazzo Tile as per specifications.
Vide 1.08.2 - I confirm that I / We have submitted full technical

specifications and, where possible, relevant certification direct from the
manufacturer, written in the English language to enable specifications
verifications, that confirms the specifications of the proposed samples /
materials to be used in (1.08.1 a to e ) above, confirming conformity with
the tender specifications. Where necessary, I have also quoted whether
any of the materials or components to be used comply with any
recognised standard or official norm (e.g. E.N, BS., DIN, ISO, etc.).
Vide 1.08.3 - I confirm that I / We have submitted relevant supporting

documentation /brochures, as well as the model number and/or type of
the proposed samples/materials should be clearly marked and must be
in the English Language.
Vide 1.08.4 - I confirm that I / We have submitted sufficient evidence

that we have carried out works of a similar nature and magnitude as
those being proposed in order for you to be in a position to assess
whether we are technically and financially capable of carrying out the
proposed works (Annex IV List of Similar Projects).
Vide 1.08.5 - I confirm that I / We have submitted a copy of the ETC

Certificate/s - date not to be earlier than 6 months from the closing date
of the tender.
NAME OF TENDERER_______________________________________________________________
DATE: __________________ SIGNATURE OF TENDERER:___________________________
@BCL@D00FAA7C
TENDERERS CHECK LIST

(to be completed by tenderer)
Kindly sign in the boxes provided, to signify that you have Tenderer
delivered the following; Signature
Vide Annex I - I confirm that I / We have included a Subcontractors

List. (Please insert N/A if this does not apply).
Vide Annex II - I confirm that I / We have submitted a Bar Chart

showing Milestone Activities, Duration and Manpower Levels.
Vide Annex III - I confirm that I / We have submitted Details of

Personnel.
Vide Annex IV - I confirm that I / We have submitted a list showing

similar or larger projects for which I / We were solely responsible.
Vide Annex V - I confirm that I / We have submitted an Occupational

Health And Safety Declaration Waiver And Indemnity.
Vide Annex VII - I confirm that I / We have submitted a Tender

Guarantee (Bid Bond) as per clause 1.14.
Vide Annex IX I confirm that I / We have submitted Non Collusive

Tendering Certificate.
Vide Annex X I confirm that I / We have submitted STATEMENT ON

Excluding Circumstances of Regulation 49 of Public Contracts
Regulations 2005.
Vide Annex XI I confirm that I / We have submitted the Financial

identification Form.
I agree with the instructions and information given in Part Six

Drawings (if any).
NAME OF TENDERER __________________________________________________________
ADDRESS ___________________________________________________________
___________________________________________________________
___________________________________________________________
TELEPHONE NUMBER _________________________________________________
FAX NUMBER _________________________________________________
V.A.T. REG. NO. _________________________________________________
SIGNATURE OF TENDERER _________________________________________________
DATE _________________________________________________
@BCL@D00FAA7C
PART 1
INSTRUCTIONS TO TENDERERS
1.0 Instructions to Tenderers
1.01 The work under this Tender comprises the floor and wall tiling works, granite and
marble works at the new multi-purpose hall at St. Benedicts College, Kirkop in
accordance with the attached Specifications, Drawings, Conditions of Contract and
Bills of Quantities.
Tenderers are requested to note that this call for tenders is being published and
adjudicated in accordance with the Public Contracts Regulations 2005 (Legal Notice
177/2005).
The attention of all tenderers is drawn to the need of ensuring full compliance
with the instructions issued with this tender document.
1.02 Site Visit

Prospective Tenderers will be informed by fax, the date and time, when the site visit
where the works will be carried out will be available for viewing (vide clause 2.07).
1.03 A payment of Eighty Euro (80) is to be effected upon collecting these tender
documents.
1.04 (a) Tenderers must quote the price for each individual item. Prices shall include
all expenses that may be applicable. Since the works are to be completed in
the shortest time possible, tenderers are to include in their rates for overtime
work which would be required to complete the works in the stipulated time.
(b) Tenderers are required to quote their Official VAT Registration Number with
their offer. Moreover, the successful bidder shall be bound to conform in all
respects with VAT and ECO Contribution (if applicable) legislation and
regulation.
1.05 Rates
(a) Unless otherwise required in the tender documentation, rates quoted should
be in EURO () and should include VAT, Eco-contribution and all other charges
/ taxes as may be applicable on the closing date of the tendering period, as
well as any other expenses. The tendered rates shall be fixed and no allowance
will be made for any fluctuation for the increase or decrease in the cost of
labour and / or any other expenses.
(b) However, and unless otherwise specified in the tender documentation, any
tenderer may submit a bid in any other freely convertible currency. In such
cases, the overall price shall, for evaluation purposes, be converted to EURO
() at the rate of exchange established by the European Central Bank as
applicable on the closing date of the tendering period. In the event that the
bidder is awarded the contract, any payments deriving from the award will be
honoured in the currency that is legal tender at the time of payment (the EURO
[]). Payments may also be made in the same currency quoted in the bid,
provided that this is specifically requested at the time of bidding by the
tenderer and that all expenses related to the application of the relevant
exchange rate at the time of payment shall be borne by the successful
tenderer.
1.06 The Contract shall be awarded as one whole and the Contractor shall be responsible
for all the works specified in this Tender Document and Drawings (if any).
1.07 Works shall commence within 5 working days from the date of order issued in
writing to the Contractor and completed within a further twelve (12) calendar weeks.
Penalties for late delay will be charged as per clause 2.36.
1.08 INFORMATION / MATERIALS TO BE SUBMITTED WITH TENDERS.
1.08.1 Prospective bidders shall submit samples and full technical literature for the
following list of materials, showing their compliance with the tender specifications;
a) 2 Tiles 450mm x 450mm x 9mm Gres Ceramic floor tiles (glazed, semi-matt,
smaltato);
b) 2 Tiles 200mm x 200mm x 6mm glazed ceramic wall tiles as per specifications;
c) 2 Skirting tiles 450mm long as per specifications;
d) Proprietary grouting; and
e) 1 Tile 200mm x 200mm Terrazzo Tile as per specifications.
1.08.2 Full technical specifications and, where possible, relevant certification direct from
the manufacturer, written in the English language to enable specifications
verifications, that confirms the specifications of the proposed samples to be used in
1.08.1 a to e above, confirming conformity with the tender specifications. The
tenderer shall quote whether any of the materials or components to be used comply
with any recognised standard or official norm (e.g. E.N, BS., DIN, ISO, etc.)
1.08.3 In any supporting documentation, the model number and/or type of the proposed
samples/materials should be clearly marked and must be in the English Language.
1.08.4 Tenderers should submit with their tender documents, sufficient evidence that they
have carried out works of a similar nature and magnitude as those being proposed,
in order that the Client may be in a position to assess whether they are technically
and financially capable of carrying out the proposed works (Annex IV).
1.08.5 Local tenderers must indicate the number of full time workers tenderers they have
on their payroll (Annex III). Tenderers are required to annexe with their offer a
recent copy of a certificate issued by the Employment and Training Corporation
(ETC) indicating the number and details of employees duly registered with the
Corporation. In case that Tenderers intend to subcontract the works, they are
requested to produce a copy of a certificate from ETC indicating the respective
registration number of the nominated subcontractors.
Any tenderer who fails to provide the required copy of the certificate/s with his offer
or when required to do so, will not be eligible for the award of the Contract.
ETC Certificate date is not to be earlier than 6 months from the closing date
of tender.
1.08.6 Tenderers shall submit samples of the proposed materials (Vide clause 1.08.1 a to
e), properly marked, together with all the necessary manufacturer's specifications
and instructions, when submitting this tender. Samples are to be submitted to the
Foundation for Tomorrows Schools, Sir Adrian Dingli Street, Pembroke (in the
vicinity of Sir Adrian Dingli Girls Junior Lyceum) by the closing time and date fixed
for the submission of Tenders.
1.08.7 In the case of a successful bid, the selected Contractor shall submit full size
samples of the elements to be supplied, and, where appropriate, he shall
demonstrate the fixing system proposed in sample areas. Such sample areas shall
be formally presented for the approval of the Technical Advisor and once approved
shall be used as quality pro-types against which the quality of the work laid shall be
checked. In the case of non-approval, the Contractor at his expense shall be

required to re-submit samples and/or pro-type assemblies, until both are to the
satisfaction of the Technical Advisor.
1.08.8 The right is reserved to reject any tender which is not accompanied with the above
mentioned information or if the tenderer concerned refuses to replace a product
which the Technical Advisor considers not to be in accordance with the Tender
Specifications.
1.09 Tender Documents
1.09.1 The following documents form, inter alia, the basis for the Tender and are
hereinafter referred to as the Tender Documents.
I Form of Tender
Tenderers Check list (to be completed by tenderer)
Instructions to Tenderers
Annexes to Tender
Tender Guarantee (Bid-Bond)
II Special Conditions of Contract and General Conditions
III Specifications
IV Bill of Quantities
V Drawings
VI Addenda (if any)
1.09.2 Tenderers shall use complete sets of Tender Documents in preparing and
submitting their Tender. The Director General (Contracts) shall not assume any
responsibility for errors or misinterpretations or omissions resulting from the use
of incomplete sets of Tender Documents.
1.09.3 The inclusion of a covering letter in order to convey additional information attached
to the Tender Documents shall not be deemed to invalidate the Tender.
1.10 Interpretation or Correction of Tender Documents
1.10.1 Tenderers shall promptly notify the Director General (Contracts) of any ambiguity
in or discrepancy between any of the Tender Documents that may be discovered
upon examination of the Tender Documents.
1.10.2 Tenderers requiring clarification or interpretations of the Tender Documents shall

make a written request that shall reach the Director General (Contracts) at least
sixteen (16) days prior to the closing date of Tenders. Any request after this date
will not be accepted.
1.10.3 Any interpretations, corrections or changes to the Tender Documents by the

Director General (Contracts) will be made by an official addenda. Interpretations,
corrections or changes made in any other manner will not be valid, and Tenderers
shall not rely upon such interpretations, corrections and changes.
1.10.4 Questions during tender period
All tenderers questions shall be submitted in writing to the Director of Contracts.
1.11 Addenda
1.11.1 Addenda will be telefaxed and confirmed by mail to all those Tenderers who have
purchased a set of this document.
1.11.2 No addenda will be issued later than Six (6) days prior to the closing date of Tenders
except an addendum postponing the date for receipt of Tenders or for withdrawing
the request for tenders.
1.11.3 Each Tenderer shall ascertain, prior to submitting his Tender, that he has received
all addenda issued and shall acknowledge their receipt in his Tender.
1.12 Local Conditions and Tender Documents
1.12.1 Each Tenderer by making his Tender confirms that:

a) Tenderer has read and understood all the Tender Documents and that his
Tender is made in strict accordance therewith.
b) Tenderer has satisfied himself with all local conditions, difficulties of access to
the site and working in areas around the site, the supply and sufficiency of
material, plant, labour, fuel, power, transport facilities and the like, as well as
any other conditions under which the works are to be performed; and has
carried out any investigation he deems necessary and has obtained at his own
responsibility and expense all the information necessary for preparing the
Tender and entering into the Contract.
1.12.2 Subsequent claims on the part of the Tenderer resulting from insufficient knowledge
of any local conditions or failure to obtain reliable local information or to clarify
discrepancies and ambiguities in the Tender Documents shall be disregarded.
1.13 Proper Compiling of Tender Document
1.13.1 No alterations (other than filling in the blanks intended to be filled in) are to be
made in the Tender Form and in the other sections of the Tender Documents which
shall be submitted intact with the items in the Bill of Quantities fully priced and
totalled and a rate or a lump sum (where so indicated) inserted against every item
therein.
In addition, only one (1) rate - or one (1) lump sum price, as the case may be is to
be inserted per item in the Bills of Quantities.
1.13.2 Any alteration or erasure to any entry made by the Tenderer in the priced document
must be initialled by the Tenderer prior to the submission of the Tender. Tenderers
are to ensure that any corrections to quoted rates and/or totals are clearly legible
and initialled. Should such corrections leave any doubt about the figures quoted,
the tender will be rejected since no clarifications of quoted prices can be allowed
after the closing date of tender.
1.13.3 All entries shall be made either typed or written manually in blue ink.
1.13.4 Where so indicated by the make up of the Form of Tender for a works contract,
sums shall be expressed in both words and figures and in the case of discrepancy
between the two, the amount written in words shall govern.
1.13.5 The Tenderer shall fill in all spaces in the Bill of Quantities, Summary, Schedule of
technical particulars, Form of a works contract and Annexes to Tender. The
Original Tender Document, when completed, shall be signed in full by the principal
of the Tendering Firm or Company.
1.13.6 The full name, address and fax number of the Tenderer shall be printed in block
letters or typed in the space provided below the signature.
1.13.7 The Tenderer shall not make any additional stipulations or qualifications of any kind
to his Tender. Any Tender which is not completely filled in, or which is incomplete,
conditional or obscure, or which contains any addition not called for, alterations,
qualifications or similar irregularities may be rejected.
1.13.8 Tenderers shall ensure that any explanatory or descriptive matter included with
their Tender does not constitute a qualification to the requirements of the Head of
Department or to the provisions and stipulations of the Tender Documents.
1.14. Tender Guarantee (Bid Bond)
1.14.1. The tender guarantee is set at THREE THOUSAND FIVE HUNDRED EURO
(3,500) and must be an original and valid guarantee presented in the form
specified in the annex to tender dossier. The guarantee must be issued by a local
Maltese Bank or a Financial Institution licensed by a recognised Financial Regulator
in the country where the company is located and who assumes responsibility for
claims and payments to the amount as stated above. It must remain valid for five
(5) calendar months from the closing date of tender. The tender guarantee must be
drawn up in the name of the Director General of the Department of Contracts, Notre
Dame Ravelin, Floriana, VLT 2000, Malta (vide Annex VII specimen).
1.14.2. The tender guarantee (Bid Bond) is intended as pledge that the tenderer will not
retract his offer up to the expiry date of the guarantee and, if successful, that he will
enter into a contract with the Director General of Contracts on the terms and
conditions stated in the dossier.
1.14.3. Hence, the guarantee shall be forfeited if the tenderer withdraws his tender before
the above-mentioned validity date or if the tenderer fails to provide the Performance
Guarantee.
1.14.4. Tender guarantees provided by tenderers who have not been selected shall be
released within 30 calendar days from the signing of the Contract / Letter of
Acceptance. The tender guarantee of the successful tenderer shall be released on
the signing of the Contract / Letter of Acceptance, and on submission of a valid
performance guarantee.
1.14.5. Offers that are not accompanied with the mandatory Tender Guarantee (Bid Bond)
by the Closing Date and Time of the tender will be automatically disqualified.
1.15. Performance Bond
1.15.1. No tender shall be deemed to have been accepted until such acceptance has been
notified to the Tenderer in writing by the Director General of Contracts by means of
a Letter of Acceptance.
1.15.2. The accepted Tenderer shall be required to provide within seven (7) days of the
receipt of the Letter of Acceptance, a Performance Bond as per Specimen attached to
the Conditions of Contract, issued by a local bank for an amount equal to ten per
cent (10%) of the Total Contract Sum for the faithful performance of the Contract
and the fulfilment of all obligations arising hereunder.
1.15.3. The Performance Bond shall be as per the sample attached to the Conditions of
Contract and shall be retained by the Director General of Contracts during the
period of the Contract and shall only be released in accordance with the Conditions
of Contract.
1.16. Binding Period of Tender
Tenderers shall be bound by their Tenders for the period as mentioned in TENDER
FORM FOR A WORKS CONTRACT Clause 2, Sub-Clause 5.
1.17 Consideration of Tenders
1.17.1 Rejection of Tenders
The Director General (Contracts) shall have the right to reject any or all tenders and
to reject a Tender not accompanied by data required by the Tender Documents or to
reject a Tender which is in any way incomplete or irregular. The Director General
(Contracts) is not bound to accept the lowest or any other Tender.
1.18 Tender Evaluation
1.18.1 Tenderers shall be considered irregular and shall be rejected for the following
reasons, interalia:
a) if the Tender has not submitted in time, on the specific Form of Tender
furnished by the Department General (Contracts) and/or if the Form of
Tender is altered
b) if the Form of Tender is not properly signed
c) if the Tenderer changes any of the Conditions of Contract as stated in the
Tender Documents.
d) if the Tenderer adds any provision reserving the right to accept or reject an
award.
e) if there is evidence of collusion between Tenderers.
f) if any schedules are left incomplete and/or if all the technical literature
requested is not attached to the tender offer.
1.18.2 If, after the receipt of the Tender, a discrepancy is found between the total amount
inserted by the Tenderer against any item in the Bill of Quantities, and the amount
that is determined by applying the corresponding rate or price inserted to the
quantity stated for that item in the Bill of Quantities, the Director General
(Contracts) shall alter the total amount to conform to the amount obtained by
applying the rate or price entered to the quantity stated and the total price shall be
adjusted accordingly. Similarly, if an error should be found in the summation of the
various total amounts entered, the total price inserted in the Tender will be
corrected by the Director General (Contracts). The Tender Price so corrected shall
be considered as binding.
1.18.3 The Tenderer should price all items for all sections which he considers to have a
value. If any items are not priced by the Contractor, they will be deemed to have no
monetary value and shall be carried out by the Contractor at no charge to
Government.
1.18.4 During the tender evaluation period, Tenderers may be required to submit detailed
cost analysis to show how rates have been calculated.
1.18.5 The Director General (Contracts) reserves the right to reject in his sole discretion
any or all tenders, to waive technicalities or to advertise for new tenders, or to
proceed to do the works otherwise. In no circumstances shall a Tenderer in these
cases be entitled to any claim for compensation.
1.19 All at Tenderers Expense
1.19.1 All costs and charges in connection with obtaining, preparing and submitting
the Tender shall be borne by the Tenderer.
1.20 Sufficiency of Tenders
1.20.1 The Tenderer must satisfy himself as to the sufficiency of his tender in all respects
including the following points:
a) that he has all Tender Documents as listed under Clause 1.09

b) that he has received all the Tender Drawings and Addenda (if any)
c) that his Tender covers for the complete execution of the Contract whether
any part or aspect is specially described or contained within the Tender
Document or not.
1.21 Submission of Tender
1.21.1 The Tender Document shall be deposited in the appropriate Tender Box at the
Department of Contracts, Notre Dame Ravelin, Floriana by not later than the time
and date specified as published in the Government Gazette.
The Tender Documents shall be addressed to the Director General (Contracts),

Department of Contracts, Floriana and placed in an opaque sealed package. The
package should be marked on the outside with the respective tender number,
closing date, closing time and the following tender title:
TENDER FOR FLOOR & WALL TILING WORKS, GRANITE & MARBLE WORKS AT
THE NEW MULTI-PURPOSE HALL AT ST. BENEDICTS COLLEGE, KIRKOP
1.21.2 TENDERS NOT RECEIVED AT THE STIPULATED TIME AND DATE AT THE
DEPARTMENT OF CONTRACTS, FLORIANA SHALL NOT BE CONSIDERED.
1.22 Modification or Withdrawal of Tender
A Tender may not be modified, withdrawn or cancelled by the Tenderer up to the

validity date of the Bid Bond and each Tenderer so agrees in submitting his Tender.
1.23 The term Architect or Engineer in these Tender Documents shall be construed to
mean the Technical Advisor responsible for the works.
1.24 The term Employer in these Tender Documents shall be construed to mean the
Chairman, Foundation for Tomorrow Schools.
1.25 Wherever in these Tender Documents, the words Accountant General and Director
of Contracts or Accountant General appear, or any reference is made to them,
these should be meant to read Director General of Contracts
1.26 The attached General Conditions Governing the Execution of Works in Malta and
the Conditions Governing the Employment of Labour in connection with
Government Contracts in so far as they are not in conflict with the Special
Conditions of Contract (Part Two) and Instructions to Tenderers (Part One) shall also
apply.
1.27 Tenderers shall list in the spaces provided, in Annex I, the names and addresses of
any subcontractors who will be doing physical work on the Site or supplying /
manufacturing the products mentioned in the tender. If there will be no
subcontractor for a particular category and the work under that Category will be
performed by the Tenderer submitting the Tender, the said Tenderer shall enter the
words Not Applicable in the space for that Category.
1.28 Tenderers shall prepare and submit with the Tender a Schedule in bar chart form
(Annex II) identifying milestone activities, durations and manpower levels necessary
for the completion of the works within the number of calendar weeks specified in the
bid invitation commencing from the date of the written Order to Start Works.
1.29 Tenderers shall allow in their prices for the erection of the necessary sign board and
security fencing to make the site secure.
1.30 All technical literature, documentation and correspondence shall be in the English
Language.
1.31 Due to the nature of the site, Tenderers must allow in their rates for:
a) Keeping the site orderly, clean and in a safe condition at all times and
immediately removing all waste and rubbish.
b) Using methods of installation which create the least inconvenience from noise
and dust to the school.
c) The use of covered chutes, skips and covered trucks for the removal and
transport of materials and debris.
d) Double and manual handling of materials due to site conditions.
1.32 The successful bidder shall be responsible to co-ordinate his works with the
contractors carrying the construction and finishing works. At no time shall he
impede in any way the works of other contractors on site.
1.33 In case of problems occurring which affect the quality and progress of the works,
these shall be referred immediately to the Technical Advisor and a meeting held with
the parties concerned to find a solution. The decision of the Technical Advisor on
such matters shall be final.
1.34 On completion of the works, the Contractor shall hand over to the Foundation for
Tomorrows Schools:
a) one (1) in number full set of As Fitted Drawings covering all scope of
the project.
b) documentation related to materials delivered. The relevant

documentation shall be in the English Language.
1.35 The Director General (Contracts) reserves the right to request any tenderer to
submit the following information:-
(a) the audited accounts of the tenderer s Company or firm for the three years
2004, 2005 and 2006.
(b) a cash flow statement prepared by the auditor of tenderer s Company or firm
to show how tenderer intends to finance the contract.
(c) the tenderers present commitment in terms of contracts whether Government

and/or private. The contract values and the stage of their completion are to be
given.
Failure on the part of any tenderer to comply with such a request may entail non
consideration of the offer concerned.
1.36 Data Protection Clause
The information requested in this tender shall be processed in accordance to the

Data Protection Act 2001. The contents of this document are confidential and
intended solely for the use of this organisation, and will not be disclosed or copied
without your consent to anyone outside the Ministry of Finance and FTS.
1.37 Ownership of tenders
The Contracting Authority retains ownership of all tenders received under this
tendering procedure. Consequently, tenderers have no right to have their tenders
returned to them.
1.38 Confidentiality
The entire evaluation procedure is confidential. The Evaluation Committees

decisions are collective and its deliberations are held in closed session. The
members of the Evaluation Committee are bound to secrecy.
The evaluation reports and written records, in particular, are for official use only and
may be communicated neither to the tenderers nor to any party.
1.39 Award Notification
Tenders are opened and scheduled in public by the General Contracts committee
members within the Contracts Department and the names of the Bidders are
published. Once the recommendations made by the Adjudication Team are
accepted, the awardees name shall be published by the Department of Contracts
every Wednesday and Friday. Bidders can obtain this information by polling fax
number 21226156 or by visiting the department website at: www.contracts.gov.mt
1.40 Extension of the Deadline for Submission of Tenders
The Director of Contracts may, at his own discretion, extend the deadline for
submission of tenders by issuing an addendum. In such cases, all rights and
obligations of the Director of Contracts and the tenderer regarding the original date
specified in the contract notice will be subject to the new date.
1.41 Criteria for award
The evaluation committee will select the tenderer who has submitted the lowest
technically compliant bid.
PART 2
SPECIAL CONDITIONS OF CONTRACT
2.0 Special Conditions of Contract.
2.01 Scope of Works
The Contract covers floor & wall tiling works, granite & marble works at the New
Multi-Purpose Hall at St. Benedicts College, Kirkop, as described in the attached
Specifications, Drawings and Bills of Quantities.
The works will be carried out in such a way as there will be no disruption to the
adjacent school. Entry to the site through the school may be restricted to two
hours per day. No noise/ vibrations which will effect the adjacent school may be
carried out during school hours. The Foundation for Tomorrows Schools
reserves the right to change the Contractors access point to the site at any time.
2.02 General responsibility of the Contractor
The successful tenderer shall be considered and held responsible for all types of
works, materials and work carried out, as described in the Drawings, the
Specifications and Bill of Quantities. All works included in this tender shall be
considered as one whole unit.
2.03 Drawings and Specifications
The extent of the work shall be in accordance with the Drawings and Specifications
or as directed by the Technical Advisor and such further work or direction as may
from time to time be given by the Technical Advisor. If the work indicated is in the
opinion of the Contractor, extra to that described in the Specifications and
Drawings he shall, before proceeding with such work, give notice to this effect to the
Technical Advisor; but if no notice is given to the Technical Advisor before the
execution of the work, the contractor shall have no claim to any extra payment. All
works shall be carried out to the instructions and to the satisfaction of the Technical
Advisor.
2.04 Documents of use by Contractor
A complete set of drawings referred to in the List of Drawings (Part 6) and a copy of
the Tender Document shall be furnished to the Contractor for his own use. The
Technical Advisor shall furnish to the Contractor at his request, any details that, in
the opinion of the Technical Advisor are necessary for the execution of any part of
the work. Such request shall be made only within a reasonable time before it is
necessary to execute such work in order to fulfil the contract.
2.05 Interpretation of the Drawings (if any).
The Contractor shall provide everything necessary for the proper execution of the
works according to the true intent and meaning of the Drawings, General Clauses
and Conditions, and Specifications taken together provided that the same be
reasonably inferred therefrom; and if the Contractor finds any discrepancy in the
Drawings or between the Drawings and the Specifications, he shall immediately
refer the matter to the Technical Advisor who shall decide which shall be followed,
and the Contractor shall be held responsible for any errors that may occur in the
work through the neglect of this precaution. Figured dimensions and particulars are
to be taken in preference to scaled dimensions, and all dimensions and particulars
are to be taken from the actual work. It must be distinctly understood that the
whole Specification is intended to be strictly enforced and that no extra charge in
respect of extra work will be allowed unless they are clearly outside the spirit of this
Specification.
2.06 General Obligations
2.06.1 Contractors Undertaking
The Contractor undertakes that, Installation Documents, the Execution and the
completed works will be in accordance with the following, in order of priority:
(a) the Laws of Malta, and
(b) the documents forming the Contract.
2.06.2 Technical Standards and Regulations
The Installation Documents, the execution and the completed Works shall comply
with any national mandatory standards and guidelines, technical standards,
building, construction and environmental regulations, regulations applicable to the
product being produced from the Works any standards and regulations quoted in
the specifications, and the standards specified in the Employers Requirements,
applicable to the Contractors Proposal and Schedules, or defined by law.
2.06.3 Error by Contractor
If errors are found in the Installation Documents, they and the Works shall be
corrected at the Contractors cost.
2.06.4 Drawings
(a) The Contractor shall at his expense submit a set of drawings showing the
preparation of site prior the commencement of works (if applicable).
(b) The Contractor, shall keep at the Site at all times, a separate set of prints of
the Drawings showing their parts of the Work on which the Contractor, shall
note neatly, accurately and promptly as Work progresses, the exact physical
location and configuration of works completed as actually installed, including
any revisions or deviations from the Contract Drawings.
(c) On the completion of the works, the Contractor shall at his expense (unless
quoted for in the bill of quantities), supply the FTS (Technical Advisor) with
copies of the As-Built Drawings. The Contractor shall revise these copies
neatly and legibly, so as to show clearly the way in which the work was finally
constructed. The Contractor shall provide, in the same format as the original
Drawings, any additional sheets required to record the work.
(e) The As-Built Drawings must be fully detailed and accurately dimensioned.
2.07 Contractor to visit the site
Tenderers are advised to inspect the site of works to ascertain the conditions of the
site and to take the necessary measurements (to be read in conjunction with
Instructions to Tenderers, clause 1.02).
No claims arising from lack of ascertaining the site conditions shall be entertained
after the award of the contract.
2.08 Bill of Quantities
The Tenderer shall fill in the Bill of Quantities attached with the Technical
Specifications of the Conditions of Contract.
The Tenderer shall fill in:
The Rates;
The Amounts.
2.08.01 Notes
The Bills of Quantities are to be read in conjunction with the Conditions of Contract,
Specifications, and Drawings. Insofar, as these Notes on the Bills of Quantities may
affect the execution and pricing of the work they shall be deemed to form part of the
Contract Documents.
All items are to be measured NET in accordance with the Contractors drawings,
and no allowance will be made in measurement for waste. The cost of such waste,
shrinkage and bulking will be deemed to be covered by the Rates and Prices entered
in the Bill. Any special methods of measurement used are to be stated at the head of
the Bills of Quantities concerned. Each item of the Bills of Quantities shall have a
separate Rate or Price. Preliminaries are to be fixed sums and not dependant upon
the quantity and quality of the works.
2.08.02 Tender Evaluation
If after the receipt of the Tenders a discrepancy is found between the total amount
inserted by the Tender against an item in the Bills of Quantities and the amount
that is determined by applying the corresponding Rates or Prices inserted to the
quantity stated for that Item in the Bills of Quantities, the Foundation for
Tomorrows Schools will alter the total amount to conform to the amount obtained by
applying the Rates or prices entered to the quantity stated and the total price
inserted in the Tender shall be adjusted accordingly. Similarly, if any error should be
found in the extensions of the various total amounts entered, the total price inserted
in the Tender will be corrected by the Foundation for Tomorrows Schools. The
Tender price so corrected shall be considered as binding.
2.08.03 Measurement of work
The Methods of Measurement shall be as detailed in the Bills of Quantities.
This method of measurement applies to this Contract and the Bills of Quantities
refer to the drawings, which are contained in these contract Documents. Thus all
quantities will be re-measured but the rates approved by the Architect and agreed
with the Contractor shall apply throughout the Works.
Descriptions are given in outline only and the Contractor is to refer to the Technical
Specifications and Working Drawings for full information. Requirements and
obligations imposed by the Specifications and Drawings which are not measurable
in terms of quantity of labour and materials (e.g. specialist supervision, shop
drawings, samples, tests, guarantees, maintenance materials and the like) and
which are not given as specific items in the Bills of Quantities will be deemed to be
included in the Contractors rates. Interpretation of this clause will be by the FTS.
Unless the word metre used in this document is preceded by the words square or
cubic it shall be deemed to be linear.
2.08.03 Cont
Work shall be measured net as fixed in position and each measurement shall be
taken to the nearest l0cms (i.e. 5cms and over shall be regarded as l0cms and less
than 5cms shall be disregarded). This rule shall not apply to any dimensions stated
in descriptions.
The order of stating dimensions in descriptions shall be generally in the sequence of

length, width and height.
Unless otherwise specifically stated in the Bills of Quantities or herein, the following
shall be deemed to be included with all items:
a) Labour to the detailed specification requirements for the works in question and
all costs in connection therewith.
b) Materials and goods to the detailed specification requirements for the works in
question, and all costs in connection therewith.
c) All shop or factory treatment of materials required by the specification.
d) Use of plant.
e) Waste of materials.
f) Square cuttings, raking or curved cutting, except where specifically stated
hereafter as to be measured.
g) Establishment charges, on-costs, overheads, charges and profit.
h) All small quantities, narrow widths and short lengths.
i) Junctions between straight and curved work.
Notwithstanding the provisions for measurement, made in this document items may
be referenced directly to detail drawings to eliminate detailed descriptions provided
always that such references are not ambiguous with regard to the extant of
measurement and items to be included.
Where the method of measurement calls for works to be described in full or

accessories to be detailed in the description, such requirements shall be deemed to
be satisfied if this work and/or accessories are defined in the Specification and/or in
the drawings.
Where the unit of building is the metre quantities shall be billed to the nearest one
place of decimal.
The costs of all samples, tests, shop drawings and the like shall included in the
rates in the rates of the applicable items except those items specially referred to as
independent testing in the Conditions of Contract and Specifications.
The word shall be deemed to be included have been freely used to indicate that the
item in question is not measurable and shall not be mentioned in the description of
the measured items.
The words extra over used in the Bills of Quantities shall mean the additional cost
of the item of work in question over and above the cost of work already measured.
2.08.04 Contract Price
The total of the Bills of Quantities is to represent the Contractors total Tender price
for carrying out and completing the whole of the Works as described in and under
the terms and Conditions of the Tender documentation.
The Contractor is to check that all pages are properly accounted for and that the
total of all pages are carried to the proper summaries. No addition will be made to
the Tender figure in the event of any page being missed from the pricing or
remaining unpriced.
2.08.05 Tendered Rates
The tendered rates shall be inclusive of all work, as described in the Specifications
and Drawings as well as other works which are of a contingent or indispensable
nature for completing the work in its entirety.
The Rates and Prices in the Bills of Quantities, shall include , but not be limited to,
the following, together with any overhead charges and allowances for profit on the
same:
a) Preparation of site to commence works
b) Preparing material and tools for transport to and from the Site
c) Taking the plant to and bringing it back from the Site, including insurance and
all costs, expenses and charges whatsoever in connection with or arising out of
the transport
d) Hire of tools and equipment during preparation and during transport.
e) Putting the plant into working order on arrival at the Site and dismantling the
same on completion of the Works.
f) Plant shall also include equipment and instruments for surveying and
measurement, tools, scaffolding and other means of access.
g) Costs and expenses in connection with recruiting and sending out Site Staff,
their repatriation, outfit, inoculations and other medical expenses, passports,
passages, salaries or wages, all costs in connection with travelling, pay whilst
sick, insurance, living and all other costs, expenses and allowances
whatsoever.
h) All initial expenditure such as provision and transport of cars for the
Contractors staff, temporary buildings such as offices or stores or huts and all
other costs.
i) Installation of, maintenance of and, on completion of the Works removal of, all
Contractors temporary Works and storage areas.
j) All costs in connection with the procurement, at the proper time, for the
expeditious execution of the Works, of materials including but not limited to,
importation, transport, insurance, taxes, duties and other financial
impositions, storage and protection, distribution about the site, hoisting
and/or lowering into position, losses, waste and any other expenses
whatsoever in the procurement, protection, handling and use of materials.
k) The provision of any samples of materials called for by the Technical Advisor.
l) All costs in connection with testing materials both before and after
incorporation in the Works.
m) The additional cost of working, or loss of productivity in adverse weather

conditions.
n) Protection, Cleaning of the Works and Demobilisation.

o) The Rates and Prices shall cover all Site Costs, Site Supervision and overhead
charges and all costs, charges and expenditure whatsoever together with any
allowances for profit thereon.
p) All expenditure in connection with the provision of all drawings required and
for all instruction manuals unless quoted for in the bill of quantities.
q) All Customs duty and landing charges on all imported goods, taxes, Eco
Contribution and VAT.
2.08.06 Standards
a) All the British Standards quoted in the specifications may be replaced by the
equivalent European Standards.
b) All imported materials (except where otherwise stated) shall conform to the
relevant European Standard as indicated by the Client.
2.08.07 Subcontracted Works
Any rates and prices inserted in the Bill of Quantities by the Contractor in respect of
the works to be undertaken by his subcontractors shall be inclusive of all additions
to cover the Contractors profit, charges for attendance upon and services and
facilities provided by him for use by his own Sub Contractors.
2.08.8 Provisional Items
All items in the Bill of Quantities marked as Provisional shall only be incorporated
in the re-measurement as may be appropriate and as directed by the Technical
Advisor.
2.08.9 Nominated Subcontractors
The Contractor reserves the right to nominate Sub-Contractors for Provisional Sum
Items.
2.09 Variations to the Contract Sum
The right is reserved to increase or decrease the quantity of work included in the
contract or to omit any such work, provided that the total entity of the contract is
not increased or diminished by more than five (5) percent.
Any variations over the above threshold are to be approved by the Director General
of the Contracts Department.
2.10 Payment to the Contractor
(a) The Contractor shall be entitled to be paid from time to time during the progress
of the execution of the works up to 85% (eighty-five percent) of the value of the
works carried out to the satisfaction of the Technical Advisor.
(b) Ten percent (10%) of the value of the works executed installed on site on the
issue of Certificate of Acceptance by the Technical Advisor.
(c) The balance of five percent (5%) shall be paid at the end of the guarantee period
(12 months).
(d) The Contractor shall submit his claim for progress payments to the Technical
Advisor in writing. Such claims are to be supported by evaluation of the works
executed and materials installed on site and show the value of the permanent
works executed by him up to the end of the month. All claims shall be evaluated
by the Technical Advisor in relation to the Bills of Quantities and Contract Rates
and documentation produced by the Contractor and on the basis that such works
have been executed in accordance with the Contract Documents and to the
satisfaction of the Technical Advisor. Provided the Technical Advisor agrees with
the statement, the relevant Payment Certificate will be issued.
(e) The payment terms referred to under the relative Clause of the General
Conditions particular to this tender state that payment is to be effective within a
reasonable period time. This should be taken to mean that payment is to be
effected within 60 days from the date of receipt of the invoice or services rendered
of work / for works carried out to the satisfaction of the FTS Technical Advisor.
In breach of this time limit a Contractor would become entitled to the payment of
interest at 2% over the rate of interest established by the Central Bank of Malta
for the particular period.
2.11 Furnishing of Programme and Dovetailing of Trades
Before proceeding with the execution of the work, the Contractor shall obtain
the approval of the Technical Advisor in charge of the manner in which he
proposes to carry out and phase out the whole of the work. For this purpose,
within two weeks of the issue of the Letter of Acceptance, the Contractor is to
submit an overall Programme of Works, identifying each activity, indicating
the dates when works in their various phases would be undertaken for approval
of the Technical Advisor. The Programme is to be in Microsoft Project format
or approved equivalent.
The Programme shall be updated monthly or whenever required by the Technical

Advisor, to be in line with the progress of the actual Works. The Programme shall be
accompanied by sufficient data and information together with all necessary details
of installation equipment, required labour force etc Should the Technical Advisor
consider any alteration in or addition to the Programme as submitted, the
Contractor shall conform therewith without additional cost to the FTS.
The submission to and approval by the Technical Advisor of such Programme or the
furnishing of such particulars shall not relieve the Contractor of any of his duties or
responsibilities under the Contract.
2.12 Compliance with the Law and Regulations to be observed
The Contractor shall comply with and fulfil all obligations imposed by Art. 19 of the
Police Laws and shall give all notices, obtain all permits, pay all fees that may be
lawfully demanded by Public Officers in respect of works and comply with all
requirements of the law and lawful authority.
2.13 Safety Regulation
The Contractor shall comply with all safety regulations and shall be solely
responsible for the safety of his workmen, the general public, and Education
Division employees. He shall also be responsible for any damage to the Education
Division property, foundation for Tomorrows Schools property or Third Party
property that may be caused by him or his employees.
2.14 Contractor's Representative
The Contractor or his representative shall be on the site of works during all working
hours. The representative shall be empowered to receive and act on the instructions
given by the Technical Advisor, and any such instructions, directions or
explanations given to the Contractor's representative shall be held to have been
given to the Contractor in person. This representative must be competent and
acceptable to the Chairman, Foundation for Tomorrows Schools.
2.15 Access to the site and workshop
The Technical Advisor or any person authorised by him as well as the Chairman,
Foundation for Tomorrows Schools or his representative shall have at all times
access to the works and workshop where fabrication / manufacture is being carried
out.
2.16 Setting out and testing of materials
The Contractor shall set out the works, and shall amend at his own cost any errors
arising for inaccurate setting out. The Contractor shall provide without extra charge
all labour and equipment required by the Technical Advisor for testing and
measuring the works and for weighing, measuring, or testing the efficiency of any
portion or portions of the completed works and shall also at his own cost provide all
planking, gangways, etc. necessary for affording access to every part of the works
and all assistance or attendance required by the Technical Advisor to ascertain the
particulars, and obtain the measurements of the works done.
2.17 Bad workmanship
The Technical Advisor shall, during the progress of the works, have the power to
order the removal within such reasonable time or times as may be specified in the
order, of any materials which in his opinion are not in accordance with the
specifications or his instructions; the substitution of proper materials; and the
removal and proper re-execution of any work executed with materials or
workmanship not in accordance with the Drawings, Specifications or his
instructions, and the Contractor shall forthwith carry out such orders at his own
cost. In case of default on the part of the Contractor to carry out such orders, the
Technical Advisor shall have the power to employ and pay other persons to carry out
such work and all expenses consequent thereon or incidental thereto shall be borne
by the Contractor, and shall be recoverable from him or may be deducted from any
monies due or that may become due to him.
2.18 Sub-contracting
The approval of the Technical Advisor is required before any sub-contractors are
nominated by the Contractor. The Contractor shall be held directly responsible for
any sub-contracted trade. Any works carried out by sub-contractors which have not
been previously approved by the Foundation for Tomorrows Schools, shall not be
accepted and shall be removed by the Contractor at his expense.
2.19 Clearing away all rubbish
All rubbish shall be cleared and carted away as it is accumulated from time to time
during the progress of the works and on completion of the said works.
2.20 Misconduct of workmen
The Contractor shall, at the request of the Technical Advisor, immediately dismiss
from the works any of his employees who, in the opinion of the Technical Advisor, is
incompetent or for misbehaviour. Such persons shall not be deployed again on the
works without permission of the Technical Advisor.
2.21 Scaffolding and plant
The Contractor shall provide the whole of the necessary plant, scaffolding, tackle,
cartage and labour necessary for the prompt and efficient execution of the works,
and remove them at their completion. He shall also provide his own watchmen, and
his own access to the site.
2.22 Water and Electricity Supply
The whole of the water required for the work must be provided by the Contractor
and must be clean fresh water. The Contractor must execute any temporary
plumbing required at his own expense and pay all fees and charges. All temporary
electricity supply required is likewise to be provided by the Contractor at his
expense.
2.23 Sheds and workshops
The Contractor shall provide all necessary sheds and sanitary facilities for the use of
workmen, and the storage of materials and maintain and keep them in order to the
satisfaction of the Technical Advisor and remove them at completion.
2.24 Responsibility
The Contractor shall be responsible for the safety of the works including materials
and plant until they are taken possession of by the Foundation for Tomorrows
Schools and shall stand the risk and be responsible for, and must with all possible
speed make good, all damage caused by accident, weather, storm or any other cause
at his own expense.
All materials and methods of Installation shall be in the form and nature specified
herein and/or as indicated in the Drawings to the satisfaction of the Technical
Advisor.
All materials and methods (except where otherwise stated) shall conform to the
relevant BSS or its European equivalent.
2.25 Employment of Labour
The attached General Conditions Governing the Employment of Labour in

connection with Government Contracts shall also apply.
The company awarded the tender is to make sure that its personnel are all employed
according to the current Maltese Laws on Employment (Chapter 45D of the Laws of
Malta, and any subsidiary legislation, at all times. Failure to do so may invalidate
the contract.
2.26 General Conditions
(a) The attached General Conditions governing the Execution of Works in Malta
and the supply of materials and other articles shall also apply in so far as they
are not inconsistent with the above.
(b) In awarding the contract the time factor will be an important consideration.
When a tenderer does not quote the period to complete the works in their
entirety, it is assumed that the works will be completed within the maximum
completion period mentioned in the contract in para 1.07 (in the instructions
to tenderers).
(c) Before proceeding to execute any work, the Contractor shall obtain the
Technical Advisor approval of the manner in which the contractor proposes to
execute each portion of the work, and programme of works or information as
the Technical Advisor shall require. The Contractor shall take all risks of
accident, from whatever cause arising and shall be responsible for the
sufficiency of all means used by him for the fulfilment of the contract, and shall
not be relieved from such responsibilities by any approval other than a written
approval which may have been given by the Technical Advisor.
2.27 Expedition of works
Possession of the site will be given to the Contractor immediately after the receipt of
the Letter of Acceptance or an order to start work as the case may be. The work
must be carried out with due diligence and expedition, and the whole work must be
completed within the period mentioned in the contract.
2.28 Confines of the work
The Contractor shall limit his work and the storage of materials to the areas that will
be shown to him by the Technical Advisor. Under no circumstances shall works
being carried out by him or storage of materials be allowed to interfere with other
activities being carried out on the site.
2.29 Materials and workmanship
(a) All materials required for the completion of the works specified shall be
provided by the Contractor unless stated otherwise in the drawings and/or the
contract documents.
(b) The work is to be carried out in the best customary practice and the Engineer
in charge is to be satisfied that the quality of the materials conforms so that
specified herein.
(c) The Contractor shall provide without extra charge all labour and equipment
required by the Engineer in charge of the works for testing, measuring or
proving the efficiency of any of the materials used or of any portion or portions
of the completed works.
2.30 Quality Certificate to be submitted
Certification of Compliance with the Contract Documents from approved,

independent Test Laboratories for each and every material to be used is required to
be submitted with the tender. The cost of all such certification shall be borne by the
tenderers.
2.31 Tests
Tests on any materials, may be taken at any time during the course of the works
and the Contractor shall be bound to provide the Technical Advisor with all such
assistance, instruments, machines, labour and materials as are normally required
for examining, measuring and testing any work, and the quality, weight or quantity
of any materials used and shall supply samples of materials before incorporation in
the works for testing as may be required by the Technical Advisor.
2.32 Power of the Technical Advisor
The Technical Advisor shall have the power during the course of the work to order
the Contractor to remove from the site any materials which are considered to be of
an inferior quality. He shall also have the power to order the removal and a proper
re-execution of any work executed with the rejected materials or in a manner
contrary to the spirit of the Specifications. Such orders shall be carried out by the
Contractor at his own expense. In case of default on the part of the contractor to
carry out such orders, the Chairman, Foundation for Tomorrows Schools, shall have
the power to employ and pay other persons to carry out these works at the
contractor's expense; such expenses will be deducted from any monies that may be
due to the Contractor.
2.33 Maintenance and Repair Works
The Contractor shall carry out any necessary repair works resulting due to defective
materials and/or workmanship according to law during the guarantee period (12
months or for further periods as specified in the Specifications.)
In case of default on the part of the Contractor, the Chairman, Foundation for
Tomorrows Schools, may employ any other person or persons to carry out the works
at the Contractor's expense; such expense will be borne by the Contractor or may be
deducted from any monies due to him.
2.34 Payment for permanent work only
1) No advances will be made for materials purchase and availability on site, for
formwork, installation, the hiring or purchase of plant and machinery and
temporary works. Payments will only be effected in respect of actual permanent
works completed.
2) An interim certificate of payment may be issued at intervals of not less than 6 weeks
and not more than 12 weeks. The payment shall be made on 95% of the value of the
works satisfactorily carried out and duly measured less any penalties due as follows:
a) should the contractor fail to achieve the progress indicated in the programme
of works submitted with his offer, a penalty equivalent to the number of days
behind schedule and based on the daily rate indicated in the penalty for
delay clause shall be deducted from the interim payment. Should the
contractor achieve the target completion or reduce the delay by the next
instalment, the afore mentioned penalty shall be waived in part or in whole
by the Technical Advisor.
b) Should workmanship fail to reach the specified standard, penalty equivalent

to the cost of the rectification of the details shall be deducted. Should the
bad workmanship be partly of fully rectified by the next instalment, the
penalty will be waived in part of in whole by the Technical Advisor.
3) Final measurements of all works carried out shall be prepared within a reasonable
time after the works are completed to the satisfaction of the architect.
2.35 General requirements
All works included in this tender shall be considered as one whole unit. The tenderer
who is awarded the contract shall be considered and held fully responsible for all the
types of works, materials and installation employed as herein described.
2.36 Penalty
A penalty of two hundred Euros (200) per calendar day inclusive of Sundays and
Public Holidays will be imposed upon the Contractor if he fails to complete the works
within the completion period as stated in clause 1.07 of the tender document.
2.37 Evidence of capability to perform the work
Tenderers shall submit with their tender documents, sufficient evidence that they
have carried out works of a similar nature and magnitude as those being proposed
in order that the Technical Advisor may be in a position to assess whether they are
technically and financially capable of carrying out the proposed works.
2.38 Tenderers at their own risk
Tenderers shall submit their tender entirely at their own risk and will be solely
responsible for expenses and losses incurred by them in the preparation of their
tender.
2.39 Temporary suspension of works
The Contractor shall, if ordered in writing by the Technical Advisor, suspend the
works or any part thereof for such periods and at such times as so ordered and shall
not, after receiving order, proceed with the work until he receives written authority
from the Technical Advisor to proceed therewith. The Contractor shall not be
entitled to claim compensation for any loss or damage sustained as aforesaid
provided, however, that the Foundation for Tomorrows Schools shall be liable to pay
to the Contractor any cost incurred by him on the site by way of normal running
expenditure resulting from the suspension of the works on the order of the
Technical Advisor as aforesaid unless such suspension is:-
(a) necessary for the proper execution or by reason of weather conditions

threatening to affect the safety, or by reason of some default on the part of the
Contractor, or
(b) necessary for the safety of the works or any part thereof.
The Technical Advisor shall decide the normal running expenditure and the amount
of such expenditure. With some exceptions, an extension of time for completion,
corresponding with the delay caused by suspension of the works as aforesaid, will
be granted to the Contractor should he apply for same.
2.40 Extension of time for completion of contract
Should the amount of extra or additional work of any kind or other special
circumstances of any kind whatsoever which may occur, be such as fairly entitle the
Contractor to an extension of time for the completion of the works, the Director
General Contracts shall determine the amount of such extension. Such approval is
not to be unreasonably withheld.
2.41 Defects after completion
The Contractor shall replace at his expense any work which is proved to be defective
even after completion. For this purpose a sum amounting to 5 percent of the
contract sum will be retained for twelve (12) months after completion and refunded
only if defective work, if any, had been made good to the satisfaction of the Technical
Advisor and the Chairman, Foundation for Tomorrows Schools.
2.42 Approval for Materials used in the Works
The Contractor shall obtain the approval of the Technical Advisor for any materials
before they are used in the works.
2.43 Samples for pre- Installation review
The Contractor shall submit samples as may be requested by the Technical Advisor
and relevant information to the Employer for pre-Installation review:
(a) manufacturers standard samples of Materials,

(b) samples (if any) specified in the Employers Requirements, and
(c) additional samples instructed by the FTS Technical Advisor
Each Sample shall be labelled as to origin and intended use in the Works.
2.44 Special Controls
(a) Dust Control
The Contractor shall, for the duration of the Contract, maintain all roads, plant
sites, waste disposal areas and all other work resulting from installation works.
Dust shall be controlled by the sprinkling of water.
(b) Noise Control
The Contractor shall acquaint himself with the recommendations set out in
BS5228 or its European equivalent - Noise Control on Installation and Open
Sites together with any mandatory specific requirements as may be stipulated
by the Technical Advisor.
(c) Housekeeping
The Contractor shall keep the site orderly, clean and in a safe condition at all
times, immediately removing all waste and rubbish. The Contractor shall
provide on-site containers for the collection of rubbish or dispose of rubbish off
site at frequent and regular intervals during the progress of the works.
During the progress of the Works, the Contractor shall keep the Site free from
all unnecessary installation and shall store or dispose of any equipment,
scaffolding and surplus materials and clear away and remove without delay
any items no longer required.
(d) Clearance of Site on Completion
Prior to the date of Substantial Completion, the Contractor shall clear away
and remove from Site all equipment, surplus materials, rubbish and temporary
works of every kind, and leave the whole of the Site and the works clean and in
a condition to the satisfaction of the Technical Advisor.
(e) Storage of Materials and Equipment
No equipment, materials, vehicles, temporary works or installation equipment

of the Contractor shall at any time be placed or stored other than the Site.
(f) Access to Site
The Contractor shall obtain the approval of the Technical Advisor for the
location of entry and exit points for vehicles and equipment to and from the
Site.
(h) Fencing
The Contractor shall erect suitable fencing around site of works to provide
protection of the works and to ensure that no unauthorised personnel have
access to site.
2.45 Control of Site Work
The Contractor shall ensure that all works are carried out in an orderly and
professional manner that causes the least disturbance to the surroundings and in
particular that create the least possible obstruction to third parties and their
activities in all their possible aspects.
The Site is to be kept clean and well organised to the satisfaction of the Technical
Advisor, who may order any action or steps to be taken, that may have not been
included statutory permits granted for the Project in order to ensure abidance with
the provisions of this Clause. No extra payments or extensions of completion period
shall be considered if these are claimed to arise out of such instructions by the
Technical Advisor.
In the event that such actions or steps as ordered by the Technical Advisor are not
carried out within the specified time required, the Foundation for Tomorrows
Schools, without further notice, appoint others to carry out such instructions at the
Contractors expense.
2.46 Instructions in Writing
Instruction by the Technical Advisor shall be in writing provided that if for any
reason the Technical Advisor considers it necessary to give any such instructions
orally, the Contractor shall comply with such instructions. Confirmation in writing
of such oral instructions given by the Technical Advisor, whether before or after the
carrying out of the instruction, shall be deemed to be instruction within the
meaning of this Sub-Clause. Provided further that if the Contractor, within 7 days
confirms in writing to the Technical Advisor, any oral instruction of the Technical
Advisor and such confirmation is not contradicted in writing within 7 days by the
Technical Advisor, it shall be deemed to be an instruction of the Technical Advisor.
The provisions of this Sub-Clause shall equally apply to instructions given by the
Technical Advisors representative and any of the assistants of the Technical
Advisor.
2.47 Variations
The Technical Advisor shall make any variation of the form, quality or quantity of
the Works or any part thereof that, may in his opinion be necessary and for that
purpose or if for any other reason it shall, in his opinion be appropriate, he shall
have the authority to instruct the Contractor to do and the Contractor shall do any
of the following:
a) increase or decrease the quantity of any work included in the Contract subject to
the condition in Sub-Clause 2.09.
b) omit any such work
c) change the character or quality or kind of any such work

d) change the levels, lines, positions and dimensions of any part of the works
e) execute additional work of any kind necessary for the completion of the Works
f) change any specified sequence or timing of installation of any part of the Works
No such variations shall in any way vitiate or invalidate the Contract. Provided that
where the issue of an instruction to vary the Works is necessitated by some default
of or breach of contract by the Contractor or for which he is responsible, any
additional cost attributable to such default shall be borne by the Contractor.
The Contractor shall not make any such variation without any instruction by the
Technical Advisor. Provided that no instruction shall be required for increase or
decrease in the quantity of any work where such increase or decrease is not the
result of an instruction given under this Clause, but is the result of the quantities
exceeding or being less than those stated in the Contractors Bills of Quantities.
2.48 Daily Reports
a) The Contractor shall submit to the Technical Advisor, on approved forms, Daily
Reports giving the date, weather conditions, the number and classification of
the staff deployed, quantities of material delivered on-site and incorporated
into the Works and the progress of the Works.
b) The Daily Report shall be submitted at the time and in a manner as directed by
the Technical Advisor.
2.49 Performance Bond
(a) For the due performance of the Contractor, the Contractor shall submit an
irrevocable and unconditional Performance Bond from a local bank approved
by the Director General (Contracts). The said performance Bond shall warrant
the Contractors obligations in terms hereof. The Contractor authorises the
Director General (Contracts) who accepts to call upon the Bank issuing the
said Bond for payment of any sum that may become due by the Contractor to
the Chairman, FTS by virtue of this Contract.
(b) The Performance Bond shall represent 10% (ten percent) of the total Contract
Price. Should such total Contract Price be duly increased, the Contractor
undertakes to increase the amount of the performance Bond by 10% (ten
percent) of this increase.
(c) The Performance Bond shall be delivered by hand to the Director General
(Contracts) within 7 (seven) days from the day following the day of receipt of
the Notice of Contract Award.
(d) The Performance Bond shall be retained by the Director General (Contracts)
during the period of the Contract and if not called upon shall be released 1
(one) month after the Works are satisfactorily completed.
(e) The validity of the Performance Bond will be extended to the extent of any
delays in the Works, whether or not an extension of time has been granted,
without affecting any of the rights of the Chairman Foundation for Tomorrows
Schools under this Contract.
(f) The Performance Bond shall be issued, extended or renewed at the sole
expense of the Contractor.
2.50 Testing and Commissioning
(a) The Contractor shall carry out the necessary tests on all the Works covered
under this Contract to ensure correct functioning, freedom from faults and
safety. All systems, equipment, and the whole installation shall be tested in
accordance with approved Regulations and the relevant Standards and Codes
or as specified in Specifications.
(b) The Contractor shall provide all necessary skilled personnel, testing
instruments and other equipment for the proper testing of the systems and
equipment installed under this Contract. The standard reached shall not be
lower than that called for in these Specifications, Regulations and Codes.
(c) All tests shall be carried out in the presence of and to the satisfaction of the
Technical Advisor or his representative.
(d) The test shall be carried out and a record made and submitted to the Technical
Advisor on the completion of the Works before handover or at any time as
requested by the Technical Advisor. All defects which become apparent during
the tests shall be logged and rectified by the Contractor at his own expense
and in accordance with the instructions issued by the Technical Advisor.
2.51 Test Certificates
(a) Whenever a test has been successfully carried out and on completion of the
Works, the Contractor shall issue and submit to the Technical Advisor, tests
certificates together with details of test results upon which the certificates are
based. Test certificates shall bear the date, time of test and relevant technical
parameters as requested by the Technical Advisor.
(b) All fees and expenses in connection with tests and certification including the
rectification of faults and defects arising thereof shall be borne by the
Contractor unless quoted for in the bill of quantities. All approval certificates
shall be submitted to the Technical Advisor before taking over.
(c) The Technical Advisor will only assume and take full responsibility for the
Works after being satisfied that all test certificates and that all Works are in
accordance with the Tender Documents.
2.52 Taking Over Inspection
(a) The Contractor shall advise the Technical Advisor of a suitable date for the
final inspection after the Works have been completed in accordance with the
Specifications, Drawings and any subsequent details provided by the Technical
Advisor.
(b) The Works will not be considered ready for inspection unless the following
items are completed:
All tests have been adequately carried out in accordance with the relevant
Regulations and Codes and records of these tests produced. The Technical
Advisor may also call for any or all tests to be repeated in his presence to verify
the recorded results.
(c) The Technical Advisor shall issue a taking over certificate (Certificate of
Acceptance) confirming that all works have been carried out in accordance with
the Tender Documents and are complete and ready to be used.
2.53 Guarantee and Retention Sum
(a) The Contractor shall guarantee the Works as detailed in the tender document
including materials for a minimum period of twelve (12) calendar months or for
longer periods as stated in the Specifications and Bills of Quantities against
any defects due to faulty workmanship and materials. The guarantee period
shall commence from the date of the Certificate of Acceptance issued by the
Technical Advisor that all Works have been carried out in accordance with the
Tender Documents and are complete ready to be used.
(b) The Tenderer shall guarantee that within a reasonably short time and at his
own expense he makes good, repairs or replaces any defects and defective
parts, imperfections and deficiencies due to faulty materials, design,
workmanship or negligence on his part or the part of his employees during the
progress of work.
(c) Any defects or other faults which may appear within twelve (12) calendar
months or the periods as specified in the Specifications and Bills of Quantities
from the date of issue of the Certificate of Acceptance (guarantee period) and
arising in the opinion of the Technical Advisor from materials and
workmanship not in accordance with the Drawings, Specifications or
instructions of the Technical Advisor, shall within such reasonable time as
specified by the FTS be rectified, replaced, or made good by the Contractor at
his own expense.
(d) Should the Contractor fail to replace, make good or repair defects in the Works
or in case of default, the FTS shall reserve the right to engage Third Parties to
amend and make good such defects, faults or damages or to carry out all
necessary works. All such expenses incurred shall be borne by the Contractor
and shall be deducted from the contracted price.
(e) A sum amounting to 5% (five percent) of the Contract value shall be retained
after taking over and until the guarantee period expires.
2.54 Procedure for Claims
If the Contractor intends to claim any additional payment under any Clause of these
Conditions or otherwise, the Contractor shall give notice first to the Technical Advisor
then to the Contracting Authority (FTS) as soon as possible and in any event within
28 days of the start of the event giving rise to the claim.
The Contractor shall keep such contemporary records as may be necessary to

substantiate any claim, either on the Site or at another location acceptable to the
Technical Advisor. Without admitting Employers liability, the Technical Advisor
shall, on receipt of such notice, inspect such records and may instruct the Contractor
to keep further contemporary records. The Contract shall permit the Technical
Advisor (FTS) to inspect all such records, and shall (if instructed), submit copies to
the Technical Advisor (FTS).
Within 28 days of such notice, or such other time as may be agreed by the Technical
Advisor, the Contractor shall send to the Technical Advisor an account, giving
detailed particulars of the amount and basis of the claim. Where the event giving rise
to the claim has a continuing effect, such account shall be considered as interim.
The Contractor shall then, at such intervals as the Technical Advisor may reasonably
require, sent further interim accounts giving the accumulated amount of the claim
and any further particulars. Where interim accounts are sent to the Foundation for
Tomorrow Schools Technical Advisor, the Contractor shall send a final account within
28 days of the end of the effects resulting from the event.
If the Contractor fails to comply with this Sub-Clause, he shall not be entitled to
additional payment.
2.55 Payment of Claims
The Contractor shall be entitled to have included in any Interim Payment Certificate
such amount for any claim as the Foundation for Tomorrows Schools Technical
Advisor considers due. If the particulars supplied are insufficient to substantiate the
whole of the claim, the Contractor shall be entitled to payment for such part of the
claim as has been substantiated.
2.56 Dispute settlement - Amicable
2.56.1 The Parties shall make every effort to settle amicably any dispute, which may arise
between them. Once a dispute has arisen, the Parties shall notify each other in
writing of their positions on the dispute and any solution, which they consider
possible. If either Party deems it useful, the Parties shall meet and try and settle the
dispute. A Party shall respond to a request for amicable settlement within 30 days of
such a request. The maximum period laid down for reaching such a settlement shall
be 120 days from the commencement of the procedure. Should the attempt to reach
an amicable settlement fail or a Party fail to respond in time to requests for a
settlement, either Party shall be free to proceed to the next stage of the
dispute-settlement procedure by notifying the other.
2.56.2 If the amicable dispute-settlement procedure fails, the Parties may, in the case of
decentralised contracts, agree to try conciliation through the Maltese Conciliation
Procedure. If no settlement is reached within 120 days of the start of the
conciliation procedure, each Party shall be entitled to move on to the next state of
the dispute-settlement procedure.
2.57 Dispute settlement by litigation
2.57.1 If no settlement is reached within 120 days of the start of the amicable
dispute-settlement procedure, each Party may seek:
a) either a ruling from a national court
b) or an arbitration ruling
in accordance with clause 2.57.2 of this contract.
2.57.2 Any dispute between the Parties that may arise during the performance of this
contract and that has not been possible to settle otherwise between the Parties shall
be submitted to the arbitration of the Malta Arbitration Centre in accordance with
the Arbitration Act (Chapter 387) of the Laws of Malta.
This law is based on Model Law which is the Model Law on International
Commercial Arbitration adopted on June 21, 1985 by the United Nations
Commission on International Trade Law reproduced in the First Schedule of the
Arbitration Act.
2.58 Occupational Health and Safety
The Contractor shall assume full responsibility and accountability regarding the
health and safety of his/her employees and/or subcontractors including any third
parties involved in the execution of his contract.
The Contractor shall be bound to conform and comply with Act 2000 (Chapter 424) of
The Laws of Malta (Occupational Health and Safety Authority Act) as well as any
other national legislation, regulations, standards; and/or codes of practice or an
amendment thereto in effect during the execution of the contract, regarding health
and safety issues as they apply for the contractors particular operating situation and
nature of work activities.
2.59 Appeals Board
This Tender is being published and awarded subject to the appeals procedure as set
forth in the Financial Administration and Audit Act (Cap 174), Legal Notice No. 177,
Public Contracts Regulations 2005 published in the Government Gazette No. 17775
dated 3rd January 2005. A copy of the relevant Part XIII of these regulations is being
attached with this tender document (Vide Annex VI).
2.60 Gender Equality
In carrying out his / her obligations in pursuance of this contract, the tenderer shall
ensure the application of the principle of gender equality and shall thus inter alia
refrain from discriminating on the grounds of gender, martial status of family
responsibilities. Tenderers are to ensure that these principles are manifest in the
organigram of the company where the principles aforementioned, including the
selection criteria for access to all jobs or posts, at all levels of the occupation
hierarchy are amply proven. In this document words importing one gender shall also
include the other gender.
2.61 Employment of personnel
The company awarded the tender is to make sure that its personnel are all employed
according to the current Maltese Laws on Employment.
2.62 Participation
2.62.1 Participation in tendering is open on equal terms to all natural and legal persons of
the Member States of the European Union, the beneficiary country and any other
country. All works, supplies and services must originate in one or more of these
countries.
2.62.2 These terms refer to all nationals of the said states and to all legal entities,
companies or partnerships constituted under, and governed by the civil,
commercial or public law of such states and having their statutory office, central
administration or principal place of business there. A legal entity, company or
partnership having only its statutory office there, must be engaged in an activity
which has an effective and continuous link with the economy of the state
concerned. Tenderers must provide evidence of their status.
2.62.3 These rules apply to:

a) tenderers
b) members of a consortium
c) any subcontractors.
2.62.4 Natural persons, companies or undertakings for whom the conditions set out in
Article 49 of the Public Contracts Regulations, 2005 apply, may be excluded from
participation in and the award of contracts. In this regard, tenderers must fully
attach complete and submit with their offer the statement shown at Annex X
Tenderers or candidates who have been guilty of making false declarations will also
incur financial penalties representing 10% of the total value of the contract being
awarded. That rate may be increased to 20% in the event of a repeat offence within
five years of the first infringement.
2.62.5 To be eligible for participation in this tender procedure, tenderers must prove to
the satisfaction of the Contracting Authority that they comply with the necessary
legal, technical and financial requirements and have the wherewithal to carry out
the contract effectively.
2.62.6 In conformity with Legal Notice 177/2005 tenderers must prove to the satisfaction
of the Contracting Authority that they have the technical capacity to carry out the
contract effectively. In this regard tenderers shall compile and provide the
information requested as part of the Contractors technical offer. This information
will serve as a basis for the selection criteria of tenderers eligible to participate in
this tender.
2.63 Ethics Clauses
Any attempt by a candidate or tenderer to obtain confidential information, enter into

unlawful agreements with competitors or influence the committee or the Contracting
Authority during the process of examining, clarifying, evaluating and comparing
tenders shall lead to the rejection of his candidacy or tender.
Without the Contracting Authoritys prior written authorisation, a Contractor and his
staff or any other company with which the Contractor is associated or linked may not,
even on an ancillary or subcontracting basis, supply other services, carry out works
or supply equipment for the project.
This prohibition also applies to any other programmes or projects that could, owing to
the nature of the contract, give rise to a conflict of interest on the part of the
Contractor.
When putting forward a candidacy or tender, the candidate or tenderer shall declare
that he is affected by no potential conflict of interest and has no particular link with
other tenderers or parties involved in the project. Should such a situation arise
during performance of the contract, the Contractor must immediately inform the
Contracting Authority.
The Contractor must all times act impartially and as a faithful adviser in accordance
with the code of conduct of his profession. He shall refrain from making public
statements about the project or services without the Contracting Authoritys prior
approval. He may not commit the Contracting Authority in any way without its prior
written consent.
For the duration of the contract the Contractor and his staff shall respect human
rights and undertake not to offend the political, cultural and religious mores of the
beneficiary state.
The Contractor may accept no payment connected with the contract other than that
provided for therein. The Contractor and his staff must not exercise any activity or
receive any advantage inconsistent with their obligations to the Contracting
Authority.
The Contractor and his staff shall be obliged to maintain professional secrecy for the
entire duration of the contract and after its completion. All reports and documents
drawn up or received by the Contractor shall be confidential.
The Contract shall govern the Parties use of all reports and documents drawn up,
received or presented by them during the execution of the contract.
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 the Contractor having any claim to compensation.
The Commission reserves the right to suspend or cancel project financing if corrupt
practices of any kind are discovered at any stage of the award process and if the
Contracting Authority fails to take all appropriate measures to remedy the situation.
For the purposes of this provision, corrupt practices are the offer of a bribe, gift,
gratuity or commission to any person as an inducement or reward for performing or
refraining from any act relating to the award of a contract or implementation of a
contact already concluded with the Contracting Authority.
Such unusual commercial expenses are commissions not mentioned in the main
contract or not stemming from a properly concluded contract referring to the main
contract, commissions not paid in return for any actual and legitimate service,
commissions remitted to a tax haven, commissions paid or commissions paid to a
company which has every appearance of being a front company.
The contractor undertakes to supply the Commission on request with all supporting
documents relating to the conditions of the contracts execution. The Commission
may carry out whatever documentary or on-the-spot checks it deems necessary to
find evidence in cases of suspected unusual commercial expenses.
General Conditions of Contract for the execution of works in Malta
1. In these conditions and in any specifications or special conditions annexed thereto:
(a) the word Government shall mean the Government of Malta;

(b) the word inspector shall mean the engineer or other person appointed by the Government to inspect the
work when the Government decides to have inspections;
(c) The word Head of Department shall mean the Head of the Government Department in Malta by whom or
on whose behalf the tender is being issued, and shall include any officer in that Department duly
authorised by him.
(d) The word Accountant General shall mean the Director of Contracts in Malta;
(e) The word Contractor shall mean any person or persons whose tender for the work referred to shall be
accepted by the Government.
(f) The word Work shall also include articles of every description and materials of every kind in every stage
of their preparation, to be supplied under the contract for the execution of the contract works;
(g) The word Malta shall have the meaning assigned to it by section 126 of the Constitution;
(h) The word variation shall mean any increase or decrease in the quantity of works or any extra work
required for the completion of the contract.
2. The contractor shall indemnify the Government against all claims at any time on account of patent rights or
royalties, whether for manufacture or use in Malta. In the event of any claims being made against the Government
in respect of which the contractor is liable under this conditions, the contractor shall be notified thereof and may at
his own expense conduct any litigation that may arise therefrom or any negotiations for settlement.
3. The Government has the power to require reasonable alterations in the work or any details and, and if such
alterations do not involve extra expenses, no payment shall be made in respect of them.
4. The contractor shall not receive payment beyond the contract sum of any work which he may consider that payment
should be made as an extra, unless such work shall have been ordered as extra work, or unless the contract before
commencing such work, shall have claimed in writing that it should be paid for as an extra, and the Inspector or the
Head of Department shall have certified in writing that the claim is reasonable and proper.
5. (i) Subject to what is stated at paragraph 3 above, the Head of Department shall make variations in the form,
quality or quantity of the works or any part thereof that may in his opinion be necessary, and for that purpose or if
for any other reason it shall in his opinion be desirable , shall have power to order the contractor to do and the
contractor shall do any of the following:
(a) increase or decrease the quantity of any work included in the contract;
(b) omit any such work;
(c) change the character or quality or kind of any such work;
(d) change the levels , lines, position and dimensions of any such work;
(e) Execute additional or extra work of any kind necessary for the completion of the works; and no such
variations shall in any way vitiate or invalidate the contract but the value (if any) of all such variations shall
be taken into account in ascertaining the final amount of the contract sum. Provide however that no such
increase, decrease, alteration or omission made under this clause shall be such as to augment or diminish
the entity of the contract by more than 20%.
(ii) No such variation shall be made by the contractor without an order in writing of the Head of Department.
Provided that no order in writing shall be required for increase or decrease in the quantity of any work where such
increase or decrease is not the result of an order given under this clause but is the result of quantities exceeding or
being less then those stated in the bill of quantities. Provided also that if for any reason that the Head of Department
shall consider it desirable to give any such order verbally the Contractor shall comply with such order and any
confirmation in writing of such verbal order given by the Head of Department whether before or after the carrying
out of the works, shall be deemed to be an order in writing within the meaning of this clause. Provided further that
if the Contractor shall confirm in writing to the Head of Department.
6. The Government shall determine the amount (if any) which should be added to or deducted from the sum named in
the Tender in respect of any extra or additional work done or omitted by its order. All such work shall be valued at
the rates set out in the contract if the same rates shall be applicable. If the contract shall not contain any rates
applicable to the extra or additional works, then suitable prices shall be agreed upon between the Government and
the Contractor. In the event of disagreement, the Government shall fix such prices as shall in its opinion be fair and
reasonable. Provided that no such increase of the contract sum shall be made unless as soon as after the date of the
order as is practicable, and in the case of extra of additional work before the commencement of the work or as soon
thereafter as is practicable, notice shall be given in writing: (i) by the contractor to the Head of Department of his
intention to claim extra payment or (ii) by the Head of Department to the Contractor of Governments intention to
fix a rate or price as the case may be.
7. In the event of additions being made, the Government may, if it is necessary, extend the time for delivery for such
period, as it may consider reasonable and proper. The Contractor shall be informed in writing of any such
extensions.
8. Should there be any discrepancy between the Contract drawings and specifications, or any inconsistency or
omission in either of them, reference must be made to the Inspector or the Head of Department for an explanation
and the contractor will be held responsible for any errors that may occur in the work through neglect of this
precaution.
9. The Contractor shall deliver the whole of the work, complete in all its parts and furnished with every detail and
fitting, notwithstanding any omissions or inconsistency in the contract drawings and specifications.
10. Before proceeding to execute any work, the contractor shall obtain the Inspectors or the Head of Departments
approval of the manner in which the contract proposes to execute each portion of the work, and shall furnish such
drawings or information as the Inspector or Head of Department shall require.
11. The contractor shall take all risks of accident or damage to the work, from whatever cause arising and shall be
responsible for the sufficiency of all means used by him for the fulfilment of the contract, and shall not be relieved
from such responsibility by any approval which may have been given by the Inspector or the Head of Department.
12. The materials and fitting of every kind used are to be free from defects and, unless otherwise specified, are to be of
the best description of their respective kinds. The workmanship is to be of first class character, and the degree of
finish such as the Inspector or the Head of Department shall require.
13. The Inspector or the Head of Department may adopt any means think fit to satisfy himself that the materials
specified are actually used, and he shall have power throughout the contract, either personally or by deputy, to
inspect, without giving previous notice, the entire work, or any part thereof at every stage of progress and wherever
the work, or any part thereof, may be in progress, to amend or alter anything he may think fit and to reject any parts
of the work of which he may disapprove.
14. Should the Contractor anticipate at any time during the execution of the contract that he will be unable to deliver the
work within the contract time, he must at once give notice accordingly, in writing, to the Head of Department
explaining the cause of delay.
15. The contract time for delivery shall be the period or periods named in the letter of acceptance of tender, and shall be
reckoned from the date of the receipt of the said letter or from the order to start work whichever may be applicable.
16. Any drawings, tracing or descriptions specified must be furnished by the contractor with the first consignment of
the work to which they refer, and payment will not be made by the Accountant General until such drawings,
tracing, or descriptions have been furnished to the satisfaction of the Inspector or the Head of Department.
17. It shall not be lawful for the contractor to transfer or assign the contract, directly or indirectly, or any part, share or
interest in it or any amount due by the Government thereof, to any person or persons whomsoever, or to sublet the
contract or any part of it, or to allow any portion of the work to be done otherwise than in his own establishment,
without the written consent of the Government.
18. When any materials to be supplied by the Contractor for the execution of the contract work require to be weighed,
the weighing shall be done by a public weigher attached to the Customs Department at the contractors expense and
at such place as shall be fixed by the Head of Department.
19. Should there be any discrepancy between the General Conditions and any special conditions or specifications of any
contracts, the special conditions or specifications shall be followed in preference to the general conditions.
20. Payment will be made by the Treasury in accordance with the terms of the Bond (Bank Guarantee) referred to at
Clause 32, and within a reasonable time after delivery in Malta to the satisfaction of the Head of Department.
Payment will be subject to any deductions to which the contractor may have become liable under this contract.
21. If the work is not completed and delivered within the time specified in the contract, the Contractor shall be liable to
a penalty of 200 per day up to the day on which the work is delivered. Provided that the Government may remit
such penalty, wholly or in part, if it is satisfied that the delay could not have been avoided. Delays in the supply of
materials of the contractor will not be foreseen or overcome by the manufacturers, suppliers or vendors of such
materials. Provided that in the latter event and unless the Contractor within six (6) weeks from the due date of
delivery of the materials to site, resumes supplies of such materials as provided for in these conditions, Government
without prejudice to its rights under clause 21, 23 and 24 hereof, shall be entitled to hold the contractor responsible
for damages incurred by Government as a result of the delays referred to these conditions.
22. In the event of any difference of opinion arising between the Head of Department and the Contractor, the dispute
shall be referred to the Contracts Committee, whose decision shall be final and binding. Provided also that such
member of this committee shall in no way, directly or indirectly, have any interest in the contract in question.
23. (i) Should the contractor from any cause whatever, become unable or fail to carry in the contract with
efficiency; or should he not progress with the work in the manner intended by the contract, or not have the work
ready for delivery in conformity with the terms of the contract; or should his preparations for commencement and
his subsequent rate of progress be slow, from any cause whatever, that, in the opinion of the Head of Department he
will be unable to complete and deliver the work by the expiration of the specified period; of should he refuse or
neglect to comply with the directions given by the Head of Department or in any other respect act contrary to the
terms of the contract, then the Government shall have the power to declare the contract at an end, and the
Contractor shall only be paid for such portion of the work as shall have been actually delivered at the date of such
declaration, after deduction of any sum liable under the conditions of such declaration will be valued by the Head of
Department which valuation after being approved by the Government, and subject to any deduction liable under
the conditions of the contract, shall be final.
(ii) The contractor shall, in addition, be liable to pay to the Government shall be entitled to further deduct the
value of any expense, loss or damage (including any difference between the contract price of the work to be done,
under the contract, or of such portion thereof as may, not have been delivered at the date of such declaration as
aforesaid, and the price which the Government may have to pay for similar work provided in lieu of such portion as
may not have been so delivered) which the Government may be put to or sustain by reason of, or in connection with
the Contractors breach of contract.
24. Should the contractor abandon work he will forfeit the Bond (Bank Guarantee). If there is a hypothec as stipulated
in clause 33 in the name of the contractor the amount of the hypothec shall however be reduced to one-fourth of the
work to be done, under the contract. The work may be considered to have been abandoned if the Contractor fails to
commence it within 3 working days from the date of acceptance of tender or from the order to start work or if he
stops work for 3 consecutive working days without previously obtaining permission from the Head of Department.
25. Besides the penalties for delay envisaged in these conditions and without prejudice to all his other liabilities arising
out of the contract, the Contractor shall also become liable to a penalty if the rate of progress of the work throughout
the contract period is not satisfactory. The Contractor shall be considered to be in default if he fails to carry out every
month at least 70% of the estimated monthly average progress. For the purpose of assessing such average progress
the value of the contract shall be divided by the number of months stipulated in the contract period. Within each
month the Contractor should complete works whose value is equivalent to the average progress obtained as above.
Hence in the case of contracts having a completion period of 6 or more months, no penalty shall be imposed in
respect of the first month from the date of allocation of the contract. Should the Contractors progress fall below the
minimum percentage progress, he will become liable to a penalty equivalent to 2% of the value of the contract in
respect of every month during which progress is below standard. If the Contractor completes the whole contract
within the stipulated period, the Government may consider the refund of any penalties the Contractor may have
incurred for slow monthly progress.
26. The contractor shall surround any excavations, which may be made in any public thoroughfare in connection with
this contract, with such protection and shall light the same at night in such a manner and with such lamps, as the
Head of Department shall direct. The Contractor shall further fulfil all the obligations imposed by Art.19 of the
police Laws.
27. It shall be lawful for the Head of Department to reject without the necessity of prior legal proceeding any
consignment or part thereof, which in his opinion does not possess the qualities required under the contract and to
obtain it elsewhere, at any price, and on contractors account, should the latter fail to replace the articles rejected
within the time allowed for the purpose by the Head of Department.
28. Without prejudice to the Governments right to dissolve Ipso Jure the contract in the case of infringement of any
condition thereunder and apart from the deduction established for delay of delivery, any such infringement shall
render the Contractor, in each case, liable to a deduction by way of damages of 5% of the value of contract or the
sum of 23.29, whichever is greater, unless the Government elects, with regard to each particular infringement, but
not necessarily with regard to all infringements, to claim actual damages incurred.
29. The Government is not bound to accept the lower or any tender and shall not give reason for the acceptance or
rejection of a particular tender.
30. The Government reserves the right of accepting any tender wholly or in part, or of dividing the contract among two
or more tenderers.
31. The award of the contract does not exonerate the contract from the obligation of obtaining any other permit and/or
license that may be required under any Law, principal or subsidiary, in force in Malta from time to time.
32. The contractor shall within 7 days in the case of a local contractor, (15 days on the case of overseas contractor) such
periods to commence from the date of the letter of acceptance- furnish the Bank Guarantee by a local Bank referred
to in the form of tender amounting to 10% or 15% according to the value of the contract.
33. Where contracts for construction works only are involved, the Contractor shall, in addition to the Bond (Bank
Guarantee) referred to clause 32, be required to hypothecate all his property in general for not less than one half
(50%) of the value of the contract, subject to the Government being satisfied that the Contractor enjoys a legal title
over property of a corresponding amount.
34. This contract shall be, and deemed to be a Maltese contract and shall be governed by and construed according to the
Laws of the time being in force in Malta. Notwithstanding another agreement or condition to the contrary, in case of
any disagreement or claims, the Maltese Courts shall have exclusive jurisdiction to hear and decide on the merits of
the matter in dispute.
35. Notwithstanding anything contained herein the notice for tender or in the form of tender, if a tenderer happens to
be a statutory body having a distinct legal personality and if a contract is awarded to such a body, a BA not be
required and the provisions of all clauses relating to the submission of a Bank Guarantee shall not apply but the said
body shall bind itself to indemnify the Government against any failure on the part of which such body to comply
with any of the conditions of the tender.
36. This contract shall be, and be deemed to be a Maltese contract and shall be governed and construed according to the
laws for the time being in force in Malta. Notwithstanding any other disagreement or claims, the Maltese Courts
shall have exclusive jurisdiction to bear and decide on the merits of the matter in dispute.
G.S. 126
General Conditions of Contract for the supply of materials and other articles.
1. In these conditions and in any specifications or special conditions annexed hereto:
(a) the word Government shall mean the Government of Malta;

(b) the word Inspector shall mean the engineer or other person or persons appointed by Government to inspect
the work when the Government decides to have inspection;
(c) the words Head of Department shall mean the Head of Government Department in Malta- by whom or on
whose behalf the tender is being issued;
(d) the word Accountant General shall mean the Accountant General and Director of Contracts in Malta;
(e) the word contractor shall mean any person or persons whose tender for the work referred to shall be
accepted by the Government;
(f) the word work shall mean articles of every description and materials of every kind in every stage of their
preparation;
(g) The word Malta shall have the meaning assigned to it by sections 126 of the constitution.
2. Local tenderers, including the accredited local agents of overseas firms, are required to quote prices covering the total
cost delivery to store/site inclusive of customs duty. Overseas tenderers who have no local agent are required to quote
CIF prices on liner terms. All local and overseas tenderers, including the accredited agents of overseas firms, shall have
the option of quoting either in Maltese currency or else in Sterling; Euro currency and U.S. Dollars. Quotations in other
currencies may be considered. Clause 2(a) When local tenders opt to quote in foreign currency they would, when
submitting their offer, specify whether they should prefer to be paid either at the rate of exchange ruling on the date of
delivery or against presentation of the necessary documentary evidence from their bank showing the date and rate at
which they transferred monies in respect of the relative contracts to their principals abroad. If tenderers fail to specify
their preferences beforehand, payment would then be made at the rate of exchange obtaining on delivery date.
3. The Contractor shall indemnify the Government against all claims at any time on account of patent rights of royalties,
whether the manufacture or for use in Malta. In the event of any claims being made against the Government in respect
of which the contractor is liable under this condition, the Contractor shall be notified thereof and may at his own
expense conduct any litigation that may arise therefrom, or any negotiations for settlement.
4. The Government shall have the power to require reasonable alterations in the work or any of its details; and, if such
alterations do not involve extra expense, no payment shall be made in respect of them.
5. The Contractor shall not receive payment beyond the contract sum for any work which he may consider that payment
should be made as an extra, unless such work shall have been ordered as extra work, or unless the Contractor, before
commencing such work, shall have claimed in writing that it should be paid for as an extra, and the Inspector or the
Head of Department shall have certified in writing that the claim is reasonable and proper.
6. The Head of Department shall have power to order reasonable additions to, or deductions from, the work,
measurements quantities, or weights specified, and such additions or deductions shall be allowed for at the contract
rates. Such variations shall be sent in the form of written orders to the Contractor.
7. In the event of additions being made, the Government may, if it thinks necessary, extend the time for delivery for such
period, as it may consider reasonable and proper. The Contractor shall be informed in writing of any such extension.
8. Should there be any discrepancy between the contract drawings and the specifications, or any inconsistency or
omission in either of them, reference must be made to the Inspector or the Head of Department for an explanation and
the Contractor will be held responsible for any errors that may occur in the work through neglect of this precaution.
9. The contractor shall deliver the whole of the work, complete in all its parts and furnished with every necessary detail
and fitting, notwithstanding any omission or inconsistency in the contract drawings and specification.
10. Before proceeding to execute any work, the Contractor shall obtain the Inspectors or the Head of Departments
approval of the manner in which the contractor proposes to execute each portion of the work, and shall furnish such
drawings or information as the Inspector or the Head of Department shall require.
11. The Contractor shall take all risks of accident or damage to the work, from whatever cause arising, and shall be
responsible for the sufficiency of all means used by him for the fulfilment of the contract, and shall not be relieved from
such responsibility by any approval which may have been given by the Inspector or the head of Department.
12. The materials and fittings of every kind used are to be free from defects and, unless otherwise specified, are to be of the
best description of their respective kinds. The workmanship is to be of first class character, and the degree of finish
such as the Inspector or the Head of Department shall require.
13. The Inspector or the Head of Department may adopt any means he may think fit to satisfy himself that the materials
specified are actually used, and he shall have power throughout the contract, either personally or by deputy, to inspect,
without giving previous notice, the entire work, or any part thereof at every stage of progress and wherever the work,
or any part thereof, may be in progress, to amend or alter anything he may think fit and to reject any parts of the work
of which he may disapprove.
14. Should the Contractor anticipate at any time during the execution of the contract that he will be unable to deliver the
work within the contract time, he must at once give notice accordingly, in writing, to the Head of Department
explaining the cause of delay.
15. The contract time for delivery shall be the period or periods named in the letter of acceptance of tender, and shall be
reckoned from the date of the receipt of the said letter.
16. Any drawings, tracings or descriptions specified must be furnished by the Contractor with the first consignment of the
work to which they refer, and payment will not be made by the Accountant General until such drawings, tracings, or
descriptions have been furnished to the satisfaction of the Inspector or the Head of Department.
17. It shall not be lawful for the Contractor to transfer or assign the contract, directly or indirectly, or any part, share or
interest in it or any amount due by the Government thereof, to any person or persons whomsoever, or to sublet the
contract or any part of it, or to allow any portion of the work to be done otherwise than in his own establishment,
without the written consent of the Government.
18. Should there be any discrepancy between the General Conditions and any special conditions or specifications of any
contract, the special conditions or specifications shall be followed in preference to the General Conditions.
19. Payment will be made by the treasury in accordance with the terms of the Bond (Bank Guarantee) referred to at clause
31, and within a reasonable time after delivery in Malta to the satisfaction of the Head of Department. Payment will be
subject to any deductions to which the contractor may have become liable under this contract
20. (a) The work shall be delivered to store or site of works, at Malta, all charges paid; including customs import duty and
insurance. The contractor shall be responsible for all damages or loss in transit from the contractors works to the store
or site of works at Malta, and shall replace, free of cost, all materials that may be broken, damaged or lost in transit as
aforesaid. (b) Delivery to site or store shall not apply in the case of overseas tenderers referred to in condition (2)
above. (c) Customs Import Duty shall NOT be refunded.
21. Failure to deliver within the contract time shall, in addition to any other liabilities incurred by the Contractor under this
contract, render the contract liable by way of penalty to a deduction from the contract sum of 1% per week on the value
of any work which may be in rarer, unless the Head of Department is of the opinion that such delay has arisen from
causes which were unavoidable and could not be foreseen or overcome by the contractor, in which case the
Government shall decide the extent, if any, to which deduction shall be remitted. Delays in the supply of materials to
the contractor will not be admitted as a ground for the remission of deductions, except in so far as they may have arisen
from strikes or other causes which could not be foreseen or overcome by the manufacturers or vendors of such
materials. Provided that in the latter event, and unless the contractor within six (6) weeks from the due date of delivery,
resumes supplies as provided for in these conditions, Government without prejudice to its rights under conditions 22
and 23 hereof, shall be entitled to hold the contractor responsible for damages incurred by Government as a result of
the delays referred to in this condition.
22. Should the contractor fail to effect delivery in whole or in part, with in one month from the expiration of the period
stipulated in the contract without the previous permission of the Accountant General the contract shall be deemed to
have been abandoned in which case the contractor shall be liable to pay the penalty of 10% of the value of the
undelivered goods calculated on the basis of the contract sum in addition to any compensation which may be due for
damages.
23. Late delivery or failure to effect delivery shall at any time entitle the Government to dissolve (ipso jure) the contract
and, in case of such dissolution, the liquidated damages which shall never exceed the full value of the contract shall be
computed up to the date of the communication to the contractor of the Governments decision to terminate the contract.
24. Besides the penalties for delay envisaged in these conditions and without prejudice to all his other liabilities arising out
of the contract, the Contractor shall also become liable to a penalty if the rate of progress of the work throughout the
contract period is not satisfactory. The contractor shall be considered to be in default if he fails to carry out every month
at least 70% of the estimated monthly average progress. For the purpose of assessing such average progress the value
of the contract shall be divided by the number of months stipulated in the contract period. Within each month the
Contractor should complete work whose value is equivalent to the average progress obtained above. Hence in the case
of contracts having a completion period of 6 or more months, no penalty shall be imposed in respect of the first month
from the date of allocation of the contract. Should the contractors progress fall below the minimum percentage
progress, he will become liable to penalty equivalent to 2% of the value of the contract in respect of every month during
which progress is below standard. If the Contractor completes the whole contract within the stipulated period, the
Government may consider the refund of any penalties the contractor may have incurred for slow monthly progress.
25. It shall be lawful for the Head of Department to reject without the necessity of prior legal proceedings any consignment
or part thereof, which in his opinion does not possess the qualities required under the contract and to obtain it
elsewhere, at any price, and on contractors account, should the latter fail to replace the articles rejected within the time
allowed for the purpose by the Head of Department.
26. The Name and Address of the manufacturer and the country where the goods will be manufactured shall be furnished.
Failure to give this information may involve non-consideration of the tender. Full specifications of the product offered
shall be submitted.
27. Without prejudice to the Governments right to dissolve ipso jure the contract in the case of infringement of any
condition thereunder and apart from the deduction established for the delay of delivery, any such infringement shall
render the contractor, in each case, liable to a deduction by way a damage of 5% of the value of contract or the sum of
23.29, whichever is the greater, unless the Government elects, with regard to each particular infringement, but not
necessarily with regard to all infringements, to claim actual damages incurred.
28. The Government is not bound to accept the lowest or any tender and shall not give reason for the acceptance or
rejection of a particular tender.
29. The Government reserves the right of accepting any tender wholly or in part, or of dividing the contract among two or
more tenderers.
30. The award of the contract does not exonerate the contractor from the obligation of obtaining any other permit and/or
license that may be required under any law, principal or subsidiary, in force in Malta from time to time.
31. The Contractor shall within 7 days in the case of a local contractor, (15 days in the case of an overseas contractor)- such
periods to commence from the date of the letter of Acceptance- furnish the Bank Guarantee by a local Bank referred to
in the form of tender amounting to 10% or 15 % according to the value of the contract.
32. This contract shall be, and be deemed to be a Maltese Contract and shall be governed by and construed according to the
laws for the time being in force in Malta. Notwithstanding any other agreement or condition to contrary, in case of any
disagreement or claims, the Maltese courts shall have exclusive jurisdiction to hear and decide on the merits of the
matter in dispute.
33. Notwithstanding anything contained herein or in the notice for tender or in the form of tender, if a tenderer happens to
be a statutory body having a distinct legal personality and if a contract is awarded to such a body, Bank Guarantee will
not be required and the provisions of all clauses relating to the submission of a bank Guarantee shall not apply but the
said body shall bind itself to indemnify the Government against any failure on the part of such body to comply with
any of the conditions of the tender.
General Conditions governing the Employment of Labour in connection with Government Contracts
1. The following conditions shall apply to all contracts entered into by the Maltese Government, the execution of which
involves the employment of workers by the other party to the contract and expenditure of public funds of an
amount exceeding 1,164.69 being contracts for:
(a) the construction, alteration, repair or demolition of public works;
(b) the manufacture, assembly, handling or shipment of material, supplies or equipment; or
(c) the performance or supply of services.
2. The wages, hours of work and other conditions of labour of workers employed by a contractor shall be of not less
than those established for work of the same character:-
(a) by national laws and regulations as modified by collective agreement or other recognised
machinery of negotiation between employers and workers representatives respectively of
substantial proportions of employers and workers in the trade or industry concerned or by
voluntary settlement or arbitration award under the Conciliation and Arbitration Act affecting
such employers and workers; or
(b) failing such modifications described in (a) by the laws and regulations as modified by the general
level observed by the employers in the trade or industry in which the contractor is engaged; or
(c) failing the applicability of (a) and (b), then by collective agreements, voluntary settlement, or
arbitration award, or by the general level in the trade or industry.
3. On tendering for Government contracts, the contractor shall certify that to the best of his knowledge and belief, the
wages, hours of works and conditions of workers employed by him in the trade or industry in which he is offering
himself as a contractor are fair and reasonable, having regard to the provisions of condition 2 above.
4. Any difference or dispute arising so as to what wages ought to be paid, or what hours or other working conditions
ought to be observed in accordance with the requirements of condition 2 shall, of not otherwise disposed of, be
referred to the Malta Arbitration Tribunal for settlement by it.
5. The Contractor shall keep proper wages books and time sheets showing the wages paid and the time worked by the
workers in and about the execution of the contract, and he shall be bound, whenever required, to produce such
wages books and time sheets for the inspection of any person authorised by the Head of Department concerned or
by the Head of the Department of Citizenship and Expatriate Affairs
6. The Contractor shall also, when required to do so, furnish to the Department concerned or to the Department of
Citizenship and Expatriate Affairs such further detailed information and evidence as the Head of the Department
may deem necessary in order to be satisfied that these conditions have been complied with.
7. (1) A contractor shall not be entitled to payments of any money which would otherwise be payable under the
terms of the contract in respect of the work and labour performed in the execution of the contract in respect of the
work and labour performed in the execution of the contract unless and until he shall have filed a statement, certified
by him to be correct, showing:-
(i) the rates of wages and hours of labour of the various classes of workmen employed in the
execution of the contract;
(ii) whether any wages in respect of the said work and labour remain in arrears; and
(iii) that all the labour conditions of the contract have been complied with.
(2) Where the works carried out by the Contractor extend over a period of six months or more, the contractor
shall file such a statement every six months, even where he shall be entitled to payment only when the works have
been completed.
8. If any worker employed in the execution of the contract files a claim to the Department of Citizenship and Expatriate
Affairs that any payment in respect of wages due to him has not been made, the Director of Citizenship and
Expatriate Affairs may, if the claim is proved to his satisfaction and if the contractor fails to pay, arrange for the
payment of such claim out of monies at any time payable to the contractor under the said contract and the amount
so paid shall be deemed a payment under the contract.
9. The contractor shall assume full responsibility and accountability regarding the health and safety of his/her
employees and/or sub-contractors including any third parties involved in the execution of this contract.
10. The contractor shall be bound to confirm with Act VII of 1994 (Promotion of Occupational Health and Safety) as well
as any national legislation, regulations, standards and/or codes of practice, in effect during the execution of the
contract, regarding health and safety issues, as they apply for the contractors particular operating situation and
nature of work activities.
11. Any contractor who contravenes these conditions shall not be allowed to tender for Government contracts for such
period as the Government may determine.
12. Contractors shall recognize the freedom of their workers to be members of registered trade unions.
13. It shall not be lawful for the contractor to transfer to assign the contract directly or indirectly, or any part, share or
interest in it or any amount due by the Government, therefore, to any person or persons whomsoever, without the
written consent of the Government.
14. The contractor shall be held responsible for compliance with these conditions by sub-contractors, or by assignees of
contracts on whose behalf application is made by the contractor in terms of the preceding paragraph of these
conditions. The limit of 1,164.69 shall not apply to sub-contractors and assignees of contracts.
15. These conditions shall not apply to employees of contractors occupying positions of management, or of a technical,
professional or scientific character who do not ordinarily perform manual work.
GLOSSARY
The word Head of Department shall mean the Director General, Contracts Department,
Malta or The Chairman, Foundation for Tomorrows Schools on whose behalf the tender
is being issued, and shall include any officer duly authorised by him.
The word Central Government Authority shall mean the Department of Contracts
The word Contracting Authority: shall mean the Foundation for Tomorrow's Schools.
The word Employer: shall mean the Director General, Contracts Department, Malta or
the Chairman Foundation for Tomorrows Schools.
The word Contractor shall mean any person or persons whose tender for the work
referred to shall be accepted by the Government.
The word Technical Advisor: shall mean the Architect-in-charge or the Engineer in-
charge representing the Foundation for Tomorrow's Schools.
The word Work shall also include articles of every description and materials of every
kind in every stage of their preparation, to be supplied under the contract for the
execution of the contract.
PART 3
SPECIFICATIONS
FTS REF. TITLE

FTS/Specs/19 SPECIFICATION FOR CERAMIC TILING
FTS/Specs/27 SPECIFICATION FOR GRANITE AND MARBLE
FTS/Specs/116 SPECIFICATION FOR TERRAZZO TILES FOR
EXTERNAL USE
NOTE:
ALL THE BRITISH STANDARDS QUOTED IN THE SPECIFICATIONS MAY BE REPLACED BY THE
EQUIVALENT EUROPEAN STANDARD.
Volume Two
Part 4
Bill of Quantities
PART FIVE
Annexes
I Subcontractors List
II Bar Chart showing Milestone Activities, Duration and Manpower Levels
III Details of Personnel
IV List of Similar Projects
V Occupational Health And Safety Declaration Waiver And Indemnity
VI Procedure for the submission of appeals (Part XIII)
VII Bid-Bond
VIII Performance Bond
IX Non Collusive Tendering Certificate
X Statement On Excluding Circumstances Of Regulation 49 Of Public
Contracts Regulations 2005.
XI Financial Identification Form
ANNEX I
SUBCONTRACTORS LIST
DESCRIPTION OF WORKS NAME AND ADDRESS OF VAT

SUBCONTRACTOR REGISTRATION
NUMBER
1
Tenderers are to insert not applicable if NO subcontractors will be engaged

on this project.
Signature of Tenderer: ____________________
Date:___________________
ANNEX II
BAR CHART SHOWING MILESTONE ACTIVITIES, DURATION AND MANPOWER LEVELS
Calendar Weeks 1 3 5 7 9 11
- - - - - -
2 4 6 8 10 12
Description of Works
Procurement of material
Laying of Torba
Laying of Floor Tiles
Laying of Wall Tiles
Laying of Skirting
Laying of External Tiles
The above is a basis for the programme of works. The programme to be submitted is
to be detailed to give confidence to FTS that the Contractor is capable of completing
the works on time. The above schedule is only for guidance.
Signature of Tenderer ___________________________
Date ______________________
ANNEX III
DETAILS OF PERSONNEL
1. SITE SUPERVISOR
Name ____________________________________________________________
Experience _______________________________________________________
_________________________________________________________________
I.D. Number: _______________
SITE MANAGER
Name __________________________________________________________
Experience _______________________________________________________
_________________________________________________________________
I.D. Number: _______________
2. NUMBER OF FULL TIME EMPLOYEES WITH COMPANY OR FIRM
Skilled ______________________________
Unskilled ____________________________
3. NUMBER OF WORKMEN TO BE DEPLOYED ON THE WORKS
Skilled ______________________________
Unskilled ____________________________
Signature of Tenderer: ___________________ Date: ___________________

ANNEX IV
LIST OF SIMILAR OR LARGER PROJECTS FOR WHICH THE TENDERER

OR HIS ORGANISATION WAS SOLELY RESPONSIBLE.
Tenderers are to submit details of works carried out under each project (including
contract value, completion period etc..).
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Signature of Tenderer: ___________________ Date: ___________________

ANNEX V
OCCUPATIONAL HEALTH AND SAFETY DECLARATION WAIVER AND INDEMNITY
The undersigned is duly authorised to represent
__________________________________________________________________________________ .
NAME OF CONTRACTOR COMPANY (the Contractor)
The Contractor acknowledges that he is tendering to perform / performing works on
____________________________________________________________________________________
(SITE DESCRIPTION Schools (the FTS)
as contractors for the Foundation for Tomorrows Schools and that for all intents and
purposes at law the Contractor shall / is responsible to ensure that health and safety
obligations in respect of its employees and any third parties accessing the site described
above shall be / are in full at all times including during the use of machinery and
equipment.
The Contractor shall assume full responsibility and accountability regarding the health and
safety of its employees and/or subcontractors including any third parties involved in the
execution of this contract.
The Contractor shall be bound to conform and 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 /or codes of practice or an amendment thereto in
effect during the execution of the contract.
The Contractor hereby undertakes to indemnify the Foundation for Tomorrows Schools
against any liability including judicial and extra-judicial costs that may be incurred as a
result of any failure on the part of the Contractor to ensure health and safety requirements
as above stated and undertakes to effect payment to the Foundation for Tomorrows Schools
on simple demand in respect of any such liability.
_________________________ ___________________
Signature of Tenderer Date
ANNEX VI
PROCEDURE FOR THE SUBMISSION OF APPEALS - PART XIII
83.(1) Any tenderer who feels aggrieved by a proposed award of a contract and any person having or having had an interest in
obtaining a particular public supply, public service or public works contract and who has been or risks being harmed by an
alleged infringement may, within ten calendar days of the publication of the decision, file a notice of objection at the
Department of Contracts or the contracting authority involved as the case may be. Such a notice of objection shall only be
valid if accompanied by a deposit equivalent to one per cent of the estimated tender value, provided that in no case shall the
deposit be less than 450 or more than 58,000. The Head of a contracting authority shall immediately notify the Director that
an objection had been filed with his authority thereby immediately suspending the award procedure. The Department of
contracts or the contracting authority involved, as the case may be, shall be precluded from concluding the contract during the
period of ten calendar days allowed for the submission of appeals. The award process shall be completely suspended if an
appeal is eventually submitted.
(2) The procedure to be followed in submitting and determining complaints as well as the conditions under which such
complaints may be filed shall be the following:
(a) Any decision by the General Contracts Committee (or a Special Contracts Committee) and by a contracting authority, shall
be made public at the Department of Contracts or at the office of the contracting authority prior to the award of the contract.
(b) The notice of objection duly filed in accordance with sub regulation (1) shall be made public by not later than the next
working day following its filing.
(c) Within three working days of the expiry of the ten-day period allowed for the filing of a notice of objection, any other
tenderer and any person having or having had an interest involved in the call for tenders may register an interest in the
proceedings. The registration of interest shall only be valid if accompanied by a deposit amounting to the deposit paid under
sub regulation (1). The tenderer who had been indicated in the adjudication decision of the Director or the contracting
authority as the one to whom the contract was to be awarded, shall be deemed to have registered an interest but does not need
to pay a deposit.
(d) The names of the tenderers or other person having or having had an interest in obtaining a particular public contract who
register an interest shall be made public on the first working day after the lapse of the time limit specified in paragraph
(c).hereof.
(e) (i) Within three working days after the publication of the list of persons who register an interest, the tenderer filing the
notice of objection shall send a reasoned letter of objection explaining the objection.
(ii) The letter of objection and any accompanying documentation shall be submitted in a number of copies that equals the
number of tenderers with a registered interest, plus three.
(iii) The letter of objection shall be made public and shall be circulated to all persons with a registered interest.
(f) (i) Within five working days from the publication of the letter of objection, any tenderer who had registered an interest may
send a reasoned reply to the letter of objection.
(ii) The reply and any accompanying documentation shall be submitted in a number of copies that equals the number of
tenderers with a registered interest, plus three.
(iii) The reply shall be made public and shall be circulated to all tenderers with a registered interest and to all
tenderers who have filed an objection.
(g) Within ten working days of the publication of the replies the Director or the Head of the contracting authority shall prepare
a report (the Analysis Report) analysing the letter of objection and the replies thereto. This report shall be circulated to the
persons who file an objection and who have a registered interest. After the preparatory process is duly completed, the Head of
the contracting authority shall forward to the Director of Contracts all documentation pertaining to the call for tenders in
question including files, tenders submitted, copies of deposit receipts, any motivated letter, analysis report, etc.
(h) The Director shall forward all the documentation related to any appeal case to the Chairman of the Appeals Board who
shall then proceed as stipulated in Part XIV.
(i) The Director or the Head of the contracting authority shall publish a copy of the decision of the Appeals Board at his
department or at the premises of the relevant contracting authority, as the case may be. Copies of the decision shall be
forwarded to the complaining tenderer, any persons who had registered or had an implied interest and, by the Director only, to
the contracting authority concerned when this is one listed in Schedule 2.
(3) Complaints in terms of this Part may only be submitted in respect of public contracts awarded by Authorities listed in
Schedule 1 whose value exceeds 47,000.
Regulation 33 of the public contracts regulations, 2005
(1) There shall be established a Public Contracts Appeals Board to be known as the Appeals Board which shall be regulated in
terms of Part XIV of these regulations.
(2) It shall be the function of the Board to hear and determine complaints submitted by any person having or having had an interest
in obtaining a particular public supply, public service or public works contract and who has been or risks being harmed by an
alleged infringement by those authorities listed in Schedule 1 and whose value exceeds 47,000, in accordance with the
procedures laid down in Parts XII and XIII.
(3) Every contracting authority listed in Schedule 1 shall indicate in its tender documents that the award of the contract is subject to
the appeals procedure as set forth in these regulations. The document shall include a copy of Parts XII or XIII, as the case may
be, for the guidance of tenderers.
ANNEX VII
TENDER GUARANTEE (BID BOND).
[On the headed notepaper of the financial institutions providing the guarantee]
The Director General

Contracts Department
Notre Dame Ravelin
Floriana
Malta.
Whereas the Director of Contracts has invited tenders for _________________________________

_____________________ and whereas Messrs _______[Name of Tenderer]__(herein after referred
to as the Tenderer) is submitting such a tender in accordance with such invitation, we _____
___________________[Name of Bank], hereby guarantee to pay you on your first demand in
writing maximum sum of 3,500.00 (THREE THOUSAND FIVE HUNDRED EURO) in case
the Tenderer with draws his tender before the expiry date or in the case the Tenderer fails to
provide the Performance Bond, if called upon to do so in accordance with the Conditions of
Contract.
This guarantee becomes payable on your first demand and it shall not be incumbent upon
us to verify whether such demand is justified.
This guarantee is valid up to and expires on the __________________, and unless it is

extended by us or returned to us for cancellation before that date, any demand made by you
for payment must be received at this office in writing not later than the above mentioned
expiry date.
This document should be returned to us for cancellation or utilisation or expiry or in the

event of the guarantee being no longer required.
After the expiry date and in the absence of a written demand being received by us before
such expiry date, this guarantee shall be null and avoid, whether returned to us for
cancellation or not, and our liability hereunder shall terminate.
Yours faithfully
___________________
Bank Manager
Date: ______________
ANNEX VIII
PERFORMANCE BOND
Director of Contracts
In connection with the agreement entered into between yourself on behalf of the Malta Government
and ____________________________________________________________________________________________
(Name and address of contractor)
Referred to as the Contractor as per the latters tender dated________________ and your Acceptance
(Ref_____________________________) of the ___________________
Whereby the contractor undertook to provide, supply, deliver to site/store, erect complete, hand over
in working order and thereafter maintain * in accordance with the terms of clause ___________________
of the General conditions the works/services as mentioned, enumerated or referred to in the
Specifications and/ or bills of Quantities forming part of the tender documents, we hereby guarantee
to pay you on demand a maximum sum of (amount in words and figures)
________________________________________________________________________ (____________) in case the
obligations under the above-mentioned agreement are not duly performed by the contractor.
It is understood that this guarantee will become payable on your first demand and that it shall not be
incumbent upon us to verify whether such demand is justified.
For avoidance of doubt it is hereby declared that although this instrument gives rise to legal
relations between the guarantee and Government 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 undertakings 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
above referred to shall be made through this Bank.
This guarantee expires on the _________________________ and unless it is extended by us or returned to

us for cancellation before that date any demand made by you for payment must be received in writing
not later than the aforementioned expiry date.
This document should be returned to us for cancellation on utilization on expiry or in the event
of the guarantee being no longer required.
___________________________ ___________________________
(Local Bank) Manager Accountant
I accept in the entirety conditions set out above
___________________________
Contractor
*Delete where not applicable GS 128

ANNEX IX
NON COLLUSIVE TENDERING CERTIFICATE
I / We, the undersigned hereby certify that this is a bona fide Tender, and that I /
We have not fixed or adjusted the Tender Sum by or under or in accordance with any
agreement with any other person submitting a Tender.
I / We also certify that I / We have not done and will not do at any time before the
hour and date specified for the closing of submission of Tenders any of the following acts:-
a. Communicating to a person, other than the person calling for Tenders, the amount
or approximate amount of the proposed Tender, except where the disclosure, in
confidence, of this approximate amount of the Tender was necessary to obtain
insurance premium quotations required for the preparation of Tender.
b. Agreeing or making arrangements with any person binding him to refrain from
tendering or fixing the amount of any Tender submitted;
c. Offering to pay or give or agreeing to pay or give, any sum of money or other
consideration directly or indirectly to any person for doing or having done in relation
to any other Tenderer or potential Tenderer any of the acts described above;
d. In this certificate the term agreement or arrangement includes formal or informal
understandings, whether legally binding or not, and the word person includes any
person whether physical or legal.
Signature/s
For and on Behalf of:
Date:
ANNEX X
STATEMENT ON EXCLUDING CIRCUMSTANCES OF REGULATION 49 OF PUBLIC

CONTRACTS REGULATIONS 2005.
This declaration, duly completed, must be submitted by all tenderers and returned
with the tender submission.
_________________________________________________________________________________________
Name of Tenderer: _________________________________________________________
Address: _________________________________________________________
_________________________________________________________
_________________________________________________________
Please tick Yes or No as appropriate to the following statements relating to the current
status of your organisation:
1. The tenderer is bankrupt or is being wound up; or whose affairs are being
administered by the court, who has entered into arrangement with creditors or
who has suspended business activities or who is in any analogous situation
arising from a similar procedure under national law and regulations.
(YES) (NO)
2. The tenderer is the subject of proceedings for a declaration of bankruptcy, for an

order for compulsory winding up or administration by the court for an
arrangement with creditors or of any other similar proceedings under national
laws or regulations.
(YES) (NO)
3. The tenderer has been convicted of an offence concerning professional conduct by

a judgement which had the force or res judicata in accordance with the laws of
Malta.
(YES) (NO)
4. The tenderer has been declared guilty of grave professional misconduct proven by
any means which the contracting authorities can demonstrate.
(YES) (NO)
5. The tenderer has not fulfilled the obligations relating to the payment of social
security contributions in accordance with the law of Malta or the country in which
he is established.
(YES) (NO)
ANNEX X
Cont
6. The tenderer has not fulfilled the obligations relating to the payment of taxes in
accordance with the legal provisions of Malta or the country in which he is
established.
(YES) (NO)
7. The tenderer is guilty of serious misrepresentation in supplying the information

required under these regulations or has not supplied such information.
(YES) (NO)
8. The tenderer is subject of conviction by final judgment for one or more reasons
listed below:
a) participation in a criminal organization, as defined in Article 2(1) of Council

Joint Action 98/733/JHA;
b) corruption, as defined in Article 3 of the Council Act of 26 May 1997 and
Article 3(1) of Council Joint Action 98/742/JHA respectively;
c) fraud within the meaning of Article 1 of the Convention relating to the
protection of the financial interests of the European Communities;
d) money laundering, as defined in Article 1 of Council Directive 91/308/ECC of
10 June 1991 on prevention of the use of the financial system for the purpose
of money laundering.
(YES) (NO)
I certify that the information provided above is accurate and completed to the best
of my knowledge and belief. I understand that the provision of inaccurate or
misleading information in this declaration may lead to my organization being
excluded from participation in future tenders.
Tenderers who have been guilty of making false declarations will incur financial
penalties representing 10% of the total value of the contract being awarded. The
rate may increase to 20% in the event of a repeat offence within five years of the
first infringement.
SIGNATURE: __________________________ DATE: _____________________
NAME: _____________________________ TEL: ________________________

ANNEX XI
FINANCIAL IDENTIFICATION FORM
ACCOUNT HOLDER
NAME:

ADDRESS
TOWN/CITY
POST CODE
CONTACT
TELEPHONE FAX
E-MAIL
VAT NUMBER
BANK
NAME

ADDRESS
TOWN/CITY
POST CODE COUNTRY
BANK ACCOUNT

IBAN (optional)
REMARKS:
BANK STAMP + SIGNATURE of BANK DATE + SIGNATURE of ACCOUNT

REPRESENTATIVE (Both Obligatory) HOLDER: (Obligatory)
PART 6
LIST OF DRAWINGS
FTS REF. DRAWING TITLE
TYPICAL DETAILS OF TILES AND SKIRTING,

DRG.No.148-09-401
DETAILED SECTIONS AND ELEVATION
TYPICAL TOILET FLOOR AND WALL TILES

DRG.No.148-09-402
ARRANGEMENT
DETAILS OF GRANITE STAIRS

DRG.No.148-09-403
TYPICAL PART PLAN AND SECTION.
DRG.No.148-09-404 DETAILS OF EXTERNAL WINDOW MARBLE SILL

FTS/Specs/019/
19 SPECIFICATION FOR CERAMIC TILING
19.1 COMPLIANCE - SAMPLE SIZE AND FREQUENCY OF SAMPLING (WHERE

APPLICABLE)
19.1.1 Where applicable, sample size and frequency of sampling for compliance shall
be established on the basis of standard statistical guidelines.
19.2 COMPLIANCE TESTING AND CERTIFICATION

19.2.1 Compliance shall be demonstrated through testing and/or certification of
products and/or processes as outlined in the ensuing clauses.
19.3 GENERAL
19.3.1 Ceramic tiles shall comply with EU Directive 89/106.
19.4 CLASSIFICATION AND TESTING

19.4.1 The classification of ceramic tiles shall be in accordance with ISO 13006.
19.4.2 The testing of ceramic tiles shall be in accordance with ISO 10545.
19.5 CERAMIC TILES (FLOOR)

19.5.1 Ceramic floor tiles shall be full body, impervious, generally single-pressed,
single fired fine gres (first quality).
19.5.2 Ceramic floor tiles shall either be Glazed or Unglazed as indicated in the Bill of
Quantities and/or the Drawings.
19.5.3 The specific surface texture (and colour) shall be as indicated in the Drawings
or Bills of Quantities and is to be agreed with the Project Manager.
19.5.4 Ceramic floor tiles shall be supplied with all the necessary special pieces, trims
and special connecting pieces so as to eliminate any sharp edges. This shall
include pieces for skirting, inserts, step tiles of various kinds (eg. Tread,
Bullnose and Double Bullnose), L-shaped elements, border tiles, balcony
lipping, flutes, ribbings, jollies, ogees, and sill elements.
19.6 CERAMIC TILES (FLOOR) FOR GENERAL AREAS SIZE AND THICKNESS
19.6.1 The typical floor tile dimensions shall be as indicated in the Drawings or Bills of
Quantities and shall be agreed with the Project Manager.
@BCL@D00F3E77 Part 3 Specifications 1 of 10

FTS/Specs/019/
19.7 CERAMIC TILES (FLOOR) FOR GENERAL AREAS - CHARACTERISTICS

19.7.1 Ceramic floor tiles have the following characteristics.
Table 1 - Floor Tiles for General Areas
Characteristic Standard Limiting Unit

Value
Category ISO 13006 BIa NA
Length and Width ISO 10545-2 +/- 0.6 %
Thickness +/- 5 %
Straightness of Edges +/- 0.5 %
Rectangularity +/- 0.6 %
Flatness +/- 0.5 %
Water Absorption ISO 10545-3 0.5 %
Breaking Strength for tiles ISO 10545-4 700 N

< 7.5mm thick
Breaking Strength for tiles ISO 10545-4 1300 N

> 7.5mm thick
Modulus of Rupture ISO 10545-4 35 N/mm2
Deep Abrasion (Unglazed) ISO 10545-6 175 mm3
Surface Abrasion (Glazed) ISO 10545-7 V PEI

Surface Hardness
EN 101 6 MOHS Scale
(Unglazed)
Surface Hardness (Glazed) 5
Thermal linear Expansion ISO 10545-8 9 MK-1 (200C to

Coefficient 1000C)
Thermal Shock Resistance ISO 10545-9 No Alteration 10 cycles from

1050C to 150C
Resistance to Chemical ISO 10545-13 GA - No Class

Attack Visible Effect
Resistance to Staining ISO 10545-14 3 Class

(Glazed)

FTS/Specs/019/

Value
Resistance to Staining Internal Stains ------------------

(UnGlazed) removable ---
with hot
water
Resistance to Light ISO 10545- No Change NA

(UV) 16
Surface Slip DIN 51130 R9 (low Factor

Resistance (Unglazed) static
friction)
19.8 CERAMIC TILES FOR HIGH GRIP AREAS - CHARACTERISTICS

19.8.1 The limiting values shall be the same as for Ceramic tiles for General Areas
except for the following values exclusively restricted to spaces specifically
indicated in the Drawings or Bills of Quantities as high grip areas (typically
with relief, ribbing or studded):
Table 2 - Tiles for Industrial Floors, High Grip Areas
Characteristic Standard Limiting Value Unit
Slip resistance R value DIN 51130 R12 ( high static Factor

(Unglazed) friction > 270 to
350)
Displacement space V
value (Unglazed) V4 (4cm3/dm2) min
Slip resistance R value DIN 51130 R13 (very high Factor

(Unglazed) static friction > 350)
Displacement space V V10 (10cm3/dm2)

value (Unglazed) min
19.9 CERAMIC TILES HIGH GRIP AREAS DIMENSIONS

19.9.1 The typical floor tile dimensions shall be as indicated in the Drawings or Bills of

FTS/Specs/019/
19.10 CERAMIC TILES - WET BAREFOOT FLOOR AREAS

19.10.1 The limiting values shall be the same as for Ceramic tiles for General Areas
except for the following values exclusively restricted to areas specifically
indicated in the Drawings or Bills of Quantities as high wet barefoot grip floor
areas:
Table 3 - Floor Tiles for Wet Barefoot Areas
Characteristic Standard Limiting Value Unit
Wet barefoot Slip DIN 51097 A + B + C (> 240) Factor

resistance value - High
19.11 CERAMIC TILES (WALL)

19.11.1 The typical ceramic wall tiles shall be dry pressed, single or double fired with a
bisque of fine earthenware majolica.
19.11.2 Ceramic wall tiles shall be Glazed.
19.12 CERAMIC TILES (WALL) SIZE AND THICKNESS

19.12.1 The typical wall tile dimensions shall be as indicated in the Drawings or Bills of
19.13 CERAMIC TILES (WALL) - CHARACTERISTICS

19.13.1 Ceramic wall tiles have the following characteristics.
Table 4 - Wall Tiles

Value
Category ISO 13006 BIII NA
Length and Width ISO 10545-2 +/- 0.5 %
Thickness +/- 10 %
Straightness of Edges +/- 0.3 %
Rectangularity +/- 0.5 %
Flatness +/- 0.5 %
Water Absorption ISO 10545-3 18 %
Modulus of Rupture < ISO 10545-4 12 N/mm2

7.5mm thick

FTS/Specs/019/

Value
Modulus of Rupture > ISO 10545-4 15 N/mm2

7.5mm thick
Breaking Strength for ISO 10545-4 200 N

tiles < 7.5mm thick
Breaking Strength for ISO 10545-4 600 N

tiles > 7.5mm thick
Surface Abrasion ISO 10545-7 II PEI

(Glazed)
Surface Hardness EN 101 3 MOHS Scale
Thermal linear ISO 10545-8 9 MK-1 (200C to

Expansion Coefficient 1000C)
Thermal Shock ISO 10545-9 No 10 cycles from

Resistance Alteration 1050C to 150C
Resistance to ISO 10545- GBmin Class

Chemical Attack 13
Resistance to Staining EN 122 3 Class

(Glazed)
19.14 CERAMIC TILES (FLOOR AND WALL TILES FOR FOOD PREPARATION
AREAS)
19.14.1 The limiting values shall be the same as for ceramic floor and wall tiles for
general areas except for those specific provisions contained in EC Directive
93/43/EEC on the hygiene of foodstuffs and local food and hygiene
regulations.
19.15 SUBMISSIONS
19.15.1 When so instructed, the Contractor shall submit a drawing (including one
electronic copy) showing bedding, bonding, jointing and anchoring details, and
the dimensions and identifying number of any unique elements.

FTS/Specs/019/
19.15.2 The Contractor shall submit actual size samples of the elements to be supplied
and demonstrate the fixing system proposed in sample areas when so
instructed by the Project Manager. Such sample areas shall be formally
presented for the approval of the Project Manager, and once approved, shall be
used as quality prototypes against which the quality of the work laid shall be
checked.
19.16 PREPARATORY WORKS

19.16.1 The Contractor shall check that all preparatory work is sufficient, that the
levels and tolerances required for his work have been achieved, and if not, shall
carry out remedial work to correct such levels or tolerances. In particular, this
remedial work may include concrete rendering to vertical wall surfaces to bring
in line with vertical surfaces before starting tiling works.
19.16.2 All walls which are to receive ceramic tiling are to be properly hacked to achieve
a good key.
19.16.3 All waterproofing works shall be completed before installation of tiling works.
Nevertheless, the Contractor shall check such water-proofing layers where still
exposed, and may be required by the Project Manager to carry out remedial
work prior to installation of tiling. In particular, the Contractor shall check that
all top edges of water-proofing membranes are sealed using proprietary tape, or
equivalent, prior to covering with tiling.
19.16.4 All horizontal surfaces shall be laid to the falls indicated on the Drawings.
19.17 PLACING
19.17.1 Tile patterns shall be as indicated in the Drawings. The Contractor may be
required to submit proposals to indicate tolerances, corner details, detailed
methods of fixing, and patterns, to show how the design intent specified will be
respected.
19.17.2 The laying of the tiling to floors and walls shall conform to Code of Practice BS
5385-1: 1995 (internal walls), BS 5385-3: 1989 (Floors), BS 5385-5:1994
(Design and Installation).
19.17.3 Cement used in mortar bedding shall conform to BS EN 197: 2000, (Type CEM
1/42.5). Sand shall conform to Type A in BS EN 13139: 2002. Coarse aggregate
shall conform to BS EN 12620: 2002. Preparation of mortar bases shall
conform to BS 8204-1:2002. Lime shall conform to BS EN 459-1:2001. Ready-
mix mortars shall conform to BS 4721: 1981.
19.17.4 Where applying tiling to walls, soft joints shall be raked out to a depth of at
least 13mm, in order to provide additional key. Where hacking of a surface is
required for additional key, substrates shall be roughened thoroughly and
evenly, removing a surface to a depth of circa 3mm. Substrates shall be wet
before applying tiling.
19.17.5 Bedding for ceramic tiles shall consist of a cement-sand mix 1:3 by weight,
mixed to a uniform stiff consistency, and laid with a finished bed thickness of
between 15 to 25mm.
19.17.6 The tiles shall be laid with their edges forming a straight unbroken line in each
direction and carefully tapped down to a uniform even surface without ridges or
corrugation. Tiles are to be soaked for a period of 6 hours previous to laying

FTS/Specs/019/
and shall be stacked to drain. All joints shall be finally sealed by proprietary
grouting.
19.17.7 The tiles are to be laid on a bedding of mortar 16-25mm thick consisting of one
part of cement to three/four parts of sand with sufficient water to make the
mixture workable. Slurry of neat cement, mixed with enough water to make it
flow shall be poured over the mortar immediately before laying the tiles.
19.17.8 After the tiles are firmly fixed, but before any dirt or contamination can enter
the joints, all joints shall be grouted with proprietary grouting by sweeping and
rubbing to match the tile colour.
19.18 JOINTS
19.18.1 Joints of tiling shall be true to line, continuous, and without steps.
19.18.2 Proprietary joint spacers shall be provided for floor tiles. The joint spacing
shall be as indicated in the Drawings or as otherwise agreed with the Project
Manager.
19.18.3 Joints on walls shall be aligned around corners, and to vertical and horizontal
lines. Joints on floors shall be aligned to the main axis or to other features in
the floors. Joints in floors and in skirting shall be aligned; similarly, as far as
possible, joints in floors and walls shall be aligned. Setting out around
openings, fittings, movement joints, drainage points, or other features
instructed by the Project Manager, shall be submitted for the approval of the
Project Manager before proceeding.
19.18.4 Tile movement control joints in floors shall be pre-bonded neoprene or nitriflex
insert movement joints. They shall typically consist of aluminium side plates.
The sections shall be suitable for fixing in sand/cement mortar bedding, and
shall be fixed to the base by means of stainless steel screws, washers and plugs
at about 300mm, or as instructed by the manufacturer. The joints shall include
stainless steel tie bars, and flexible foam rubber "tails", as necessary, for fixing
depths greater than 40mm. The joints shall be centred over the joint in the
base, and shall be set to the exact finished level of the floor.
19.19 SKIRTING
19.19.1 Skirting with the same properties of the ceramic floor tiles is generally of the
sit-on type and beveled top, that is, skirting shall be bedded to the walls after
laying floor tiles. Cutting of ceramic tiles to obtain skirting tiles will not be
allowed. Two coats of bitumen should be applied to soft stone surfaces below
the damp proof course before fixing the skirting tile.
19.20 DELIVERY TO THE SITE

19.20.1 Elements delivered on site shall be checked to ensure that they are:
I. Undamaged, and their edges and corners not chipped;
II. Of the specified dimensions and geometry;
III. worked so that the material bedding is normal to applied loading;

FTS/Specs/019/
IV. Worked so that the joints are at right angles to the direction of the
pressure exerted on them in conditions of use in the final position.
19.20.2 Elements delivered on site shall be handled by hand or tackle, crane or other
suitable mechanical aids, in such a way as not to cause any damage, and shall
be stored in a manner that provides adequate protection from humidity,
mechanical damage, distortion, contamination or deterioration. Whenever
possible, materials should be handled on the suppliers' pallets, cases or other
packing. Lifting hooks, slings and forks shall be used only at the places, and in
the manner intended by the manufacturer or supplier. Vulnerable edges shall
be protected by spreaders placed under the load. Materials intended for use as
whole units shall not be tipped or dumped upon delivery to site.
19.20.3 The Contractor shall set out the work and make good defects in the existing
base deemed necessary for the proper execution of the works.
19.21 SETTING OUT

19.21.1 The Works shall be accurately set out in accordance with Section 6 of BS 5606:
1990, Guide for Accuracy in Buildings. Existing benchmarks shall be protected
and all critical co-ordinate points shall be marked in such a manner that they
cannot be removed. Diagonal measurements shall be used to check for
squareness, normally after the first line of tiling, and approval sought from the
Project Manager, prior to the continuation of the work.
19.21.2 The Contractor shall set out the Works:
i. To establish the correct floor datum level.
ii. To control the finished floor levels by a series of spot levels.
iii. To avoid or minimise unsightly cutting.
iv. To ensure cut units present a balanced appearance when laid and are kept
as large as possible.
v. To ensure correct joint location and flooring patterns
vi. To establish the position of movement joints if any.

19.21.3 When setting out of tiling works particularly wall tiling works, the Contractor
shall:
i) Establish a vertical centreline in each plain area,
ii) Obtain truly horizontal joint lines,
iii) Ensure that cut tiles are neatly cut, are kept as large as possible and are
laid to present a balanced appearance.

FTS/Specs/019/
19.22 GRANULAR FILL FOR BRINGING UP LEVELS

19.22.1 Granular fill material for bringing areas up to leveI shall be crusher processed
franka material classified in Table 6/1 of the ADT specification in accordance
with its stated typical utilisation.
19.22.2 Compaction shall be carried out at the material's Optimum Moisture Content in
compacted layers not exceeding 200mm in depth.
19.22.3 The requirements for grading shall comply with Table 6/2 of the ADT
Specification for Roadworks.
19.22.4 The Contractor shall adopt either the Method or End product procedure for
compaction as indicated in the ADT Specification for Roadworks, clause 612.
19.23 GRANULAR SUBBASE MATERIAL TYPES 1, 2 AND 4

19.23.1 Granular Subbase material Type 1 shall comply with ADT (Malta) Specification
for Roadworks, Volume 1, Series 800, clause 803.
19.23.2 Granular Subbase Type 2 material shall comply with ADT (Malta) Specification
19.23.4 The material shall be placed and compacted as indicated in ADT (Malta)
Specification for Roadworks, Volume 1, Series 800, clause 801 with particular
reference to Table 8/1.
19.23.5 Compaction shall be carried out at the optimum moisture content (+/- 2%).
Segregation of material shall be avoided.
19.23.6 The finished surface levels of subbase material shall have a tolerance of +/-
20mm.
19.24 AGGREGATES
19.24.1 Aggregates for unbound and hydraulically bound layers shall comply with EU
Directive 89/106/EEC. The technical characteristics shall comply with EN
13383-1.
19.25 LEVEL SURVEYS

19.25.1 A level survey is mandatory prior to and on completion of excavations and fill
operations. This shall be intended to include any superimposed new layer.
This survey shall be along an adequate grid to be jointly established with the
Project Manager.

FTS/Specs/019/
19.26 SCREEDS
19.26.1 Unless otherwise indicated, leveling screeds shall be unbonded, or floating
cement-sand screeds, conforming to BS EN 13813. Installation shall be as per
Code of Practice BS 8204-1:2002. Leveling screeds to treads, risers and
landings, where required, shall be bonded screeds.
19.26.2 Laying course material shall consist of graded hardstone aggregate passing
nom. size 10mm. This aggregate shall be free from soil, clay and organic
substances. It shall be laid, spread, adequately wetted and compacted to the
required formation thickness and also laid to falls when required.
19.26.3 Conduit sleeves for services shall be haunched up in a 1:4 cement-sand mix on
both sides of the conduit piping.
19.27 ADHESIVES AND GROUTS

19.27.1 Adhesives for tiles shall comply with EU Directive 89/106/EEC. The technical
characteristics shall comply with EN 12004.
19.27.2 Grout for tiles shall comply with EU Directive 89/106/EEC. The technical
19.27.3 Proprietary adhesives shall be used for all tiles. Cementitious adhesives shall
be of Class C1; Polymer-modified adhesives shall be of Class C2 having a water
absorption of 0.5%.
19.27.4 Deformable adhesives shall be Class S1 or S2 to EN 12002.
19.27.5 Proprietary grouts shall be used for all tiles. The colour of grouting shall be
determined by the Project Manager on site. Cementitious grouts shall be of
Class CG1 or CG2; Epoxy grouts shall be of Class RG.
19.27.6 The Contractor shall submit proprietary technical literature for the proposed
grout. This literature should clearly indicate whether the grout conforms to the
appropriate standards of hygiene requirements of specific areas to be tiled.
19.27.7 Grouting shall not commence before bedding mortar or adhesive has set
sufficiently to prevent disturbance of tiles or paving. Joints shall be at least
6mm deep, and shall be free from dust and debris. Joints shall be filled
completely, with the grout tooled to profile, and the surface cleaned off and left
free from blemishes. Grouting shall be polished off with a hard clean cloth
when hard.
19.27.8 The Contractor shall produce proprietary literature for the grout that shall be
used in all remaining areas. This literature should indicate that the grout
conforms to the requirements or the appropriate standards of hygiene that are
determined by the use of the areas to be tiled.
19.27.9 Superfluous grout shall be washed clean off the finished surface after the
grouting has nearly set and the tiling is to be left clean for inspection. All
excess material is to be removed.
19.28 DETERGENTS
19.28.1 The Contractor shall supply to the Project Manager a list of approved
detergents for common stains which are to be readily available from stock
including any recommendations and instructions by the tile manufacturer.

FTS/Specs/027/
27 SPECIFICATION FOR GRANITE AND MARBLE

APPLICABLE)
27.2 COMPLIANCE TESTING AND CERTIFICATION
27.2.1 Compliance shall be demonstrated through testing and/or certification of
products and/or processes as outlined in the ensuing clauses.
27.3 SUBMISSIONS
27.3.1 When so instructed, the Contractor shall submit a drawing (including an
electronic copy) showing bedding, bonding, jointing and anchoring details, and
the dimensions and identifying number of any unique elements.
27.3.2 The Contractor shall submit actual size samples of the elements to be supplied
and demonstrate the fixing system proposed in sample areas when so
instructed by the Project Manager. Such sample areas shall be formally
presented for the approval of the Project Manager, and once approved, shall be
used as quality prototypes against which the quality of the work laid shall be
checked.
27.4 PATTERNS
27.4.1 Patterns shall be as indicated in the Drawings. The Contractor shall be
respected.
27.5 GRANITE
27.5.1 Granite shall be supplied in accordance with the thickness and dimensions
indicated on the Drawings or Bill of Quantities.
27.5.2 Granite slabs shall have the following characteristics:
27.5.3 Apparent density 2560 kg/m3
27.5.4 Uni-axial Compressive Strength 131 Mpa
27.5.5 Water Absorption 0.40%.
27.5.6 All granite is to be approved by the Project Manager before placing.
27.5.7 All granite slabs shall be properly worked, with beveled edges throughout the
whole thickness or as specified in Drawings and are to be laid on lime or
cement mortar.
27.5.8 The surface finish and texture of the granite slabs shall be as indicated in the
Drawings or Bills of Quantities. However, when tested in the wet the BNP
@BCL@D00F0C00 Part 3 Specifications 1 of 6

FTS/Specs/027/
pendulum test (Wet using rubber 4S) shall exceed 40.

27.5.9 The Contractor is responsible for the exact dimensioning of the granite slabs to
be laid on site.
27.5.10 Landings are to be lined as directed by the Project Manager.
27.5.11 Two anti-slip edge strips are to be incorporated at the edge of each granite
tread. These strips shall be a minimum of 12mm wide and spaced 25mm from
each other and from the edge of the tread. These strips are to extend to within
100mm from the side edges of the granite treads.
27.5.12 Laying shall include sealing of joints and cleaning.
27.5.13 Granite strips shall be 20mm thick and shall be supplied in the widths and
lengths indicated in the detail drawings, and shall be laid in the patterns
indicated. Strips shall be laid with their edges forming straight unbroken lines,
with the surrounding tiles, in each direction, to produce even flat surfaces (or
laid to falls where so indicated), without ridges or corrugations.
27.5.14 Chips at the edges or corners may not be patched even if the structural
integrity of the stone is not affected and even if the patch matches the color
and finish of the natural stone so that the patch does not detract from the
appearance.
27.5.15 Granite shall be free of cracks, seams, or starts which may impair its
structural integrity or function. Texture and finish shall be within the range of
samples approved by the Project Manager.
27.5.16 Upon receipt on site the granite shall be stacked on timber or platforms at least
75mm above the ground, and extreme care shall be taken to prevent staining
during storage. If storage is to be for a prolonged period, polyethylene or other
suitable plastic film shall be placed between any wood and finished surfaces,
and shall be used also as an overall protective covering.
27.5.17 Granite shall be shop cleaned at the time of final fabrication. After installation
and pointing or caulking are completed, the contractor shall carefully clean the
granite, removing all dirt, excess mortar weld splatter, stains, and/or other site
incident defacements. Solutions which may cause discoloration is expressly
prohibited.
27.5.18 After the granite is placed, it shall be the responsibility of the Contractor to see
that it is properly protected from damage. Boxing or other suitable protection
shall be provided wherever required, but no lumber which may stain or deface
the granite shall be used. All granite work in progress shall be protected at all
times during construction by use of a suitable strong, impervious film or fabric
securely held in place.
27.6 MARBLE
27.6.1 Marble shall be supplied in accordance with the thickness and dimensions

FTS/Specs/027/
indicated.
27.6.2 The surface finish and texture of the granite slabs shall be as indicated in the
Drawings or Bills of Quantities. However, when tested in the wet the BNP
pendulum test (Wet using rubber 4S) shall exceed 40.
27.6.3 All marble slabs shall be properly worked, edges to be beveled throughout the
whole thickness or as specified in drawings and are to be laid in lime or cement
mortar. All marble shall be polished including all exposed edges.
27.6.4 Laying shall include sealing of joints and cleaning.
27.6.5 Whenever feasible, slabs for window and door sills are to be in one piece.
27.6.6 Marble shall be supplied in the widths and lengths indicated in the Drawings,
and shall be laid in the patterns indicated. Strips shall be laid with their edges
forming straight unbroken lines, with the surrounding tiles, in each direction,
to produce even flat surfaces (or laid to falls where so indicated), without ridges
or corrugations.
27.6.7 Marble shall be shop cleaned at the time of final fabrication. After installation
and pointing or caulking are completed, the contractor shall carefully clean the
marble, removing all dirt, excess mortar weld splatter, stains, and/or other site
incident defacements. Solutions which may cause discoloration is expressly
prohibited.
27.6.8 After the marble work is installed, it shall be the responsibility of the
Contractor to see that it is properly protected from damage. Boxing or other
suitable protection shall be provided wherever required, but no lumber which
may stain or deface the marble shall be used. All marble work in progress shall
be protected at all times during construction by use of a suitable strong,
impervious film or fabric securely held in place.
27.7 CEMENT AND FINE AGGREGATE FOR MORTAR
1/42.5). Sand shall conform to Type A in BS EN 13139: 2002. Coarse
aggregate shall conform to BS EN 12620: 2002. Preparation of mortar bases
shall conform to BS 8204-1:2002.
27.8 DELIVERED ELEMENTS

FTS/Specs/027/
27.9 APPLICATION AND LAYING
27.9.1 Where applying units to walls, soft joints shall be raked out to a depth of at
least 13mm, in order to provide additional key. Where hacking of a surface is
required for additional key, backgrounds shall be roughened thoroughly and
evenly, removing a surface to a depth of circa 3mm. Backgrounds shall be wet
before applying tiling.
27.9.2 Bedding for paving shall be cement-sand beds, 1:3 to 4 by weight, mixed to a
uniform stiff consistency, and laid with a finished bed thickness of 15 to
25mm.
27.9.3 Joints of shall be true to line, continuous, and without steps. Joints on walls
shall be aligned around corners, and to vertical and horizontal lines. Joints on
floors shall be aligned to the main axis or to other features in the floors. Joints
in floors and in skirting shall be aesthetically balanced. Setting out patterns
around openings, fittings, movement joints, drainage points, or other features
as indicated by the Project Manager, shall be submitted for the approval of the
Project Manager before proceeding.
27.9.4 Skirting is generally of the sit-on type and beveled top, that is, skirting shall be
bedded to the walls after laying floor tiles. Cutting to obtain skirting sections
will not be allowed. Two coats of bitumen should be applied to soft stone
surfaces below the damp proof course before fixing the skirting.
27.9.5 Floor movement control joints in floors shall be proprietary metal section
movement joints. They shall normally consist of aluminium side plates. The
joint shall be filled with a polychloroprene (neoprene) rubber insert, in black,
grey, or beige, depending on the colour of the adjacent flooring.
27.9.6 The sections shall be suitable for fixing in a sand/cement mortar bedding, and
shall be fixed to the base by means of stainless steel screws, washers and
plugs as instructed by the manufacturer. The joints shall include stainless
steel tie bars, and flexible foam rubber "tails", as necessary, for fixing depths
greater than 40mm. The joints shall be centred over the joint in the base and
shall be set to the exact finished level of the floor.
27.9.7 All Works shall be accurately set out in accordance with Section 6 of BS 5606:

FTS/Specs/027/

27.9.8 After installation, but before any dirt or contamination can enter the joints, all
joints shall be grouted with proprietary grouting by sweeping and rubbing to
match the material colour.
27.10 SETTING OUT
27.10.1 When setting out the works the Contractor shall:
i) Establish a centreline in each plain area,
ii) Obtain true and straight joint lines,
iii) Ensure that cut lines are neat , kept as large as possible and are laid to
present a balanced appearance.
27.10.2 The Contractor shall submit proprietary literature for the grout that shall be
used in all areas. This literature should indicate that the grout conforms to the
requirements or the appropriate standards of hygiene that are determined by
the use of the areas as specified.
27.11.2 Compaction shall be carried out at the material's Optimum Moisture Content
in compacted layers not exceeding 200mm in depth.
27.11.3 The requirements for grading shall comply with Table 6/2 of the ADT
Specification for Roadworks.
27.11.4 The Contractor shall adopt either the Method or End product procedure for
compaction as indicated in the ADT Specification for Roadworks, clause 612.
27.12 GRANULAR SUBBASE MATERIAL TYPES 1, 2 AND 4
27.12.1 Granular Subbase material Type 1 shall comply with ADT (Malta) Specification

FTS/Specs/027/
27.12.4 The material shall be placed and compacted as indicated in ADT (Malta)
Specification for Roadworks, Volume 1, Series 800, clause 801 with particular
reference to Table 8/1.
27.12.5 Compaction shall be carried out at the optimum moisture content (+/- 2%).
Segregation of material shall be avoided.
27.12.6 The finished surface levels of subbase material shall have a tolerance of +/-
20mm.
27.13 LEVEL SURVEYS
27.13.1 A level survey is mandatory prior to and on completion of any excavations and
fill operations. This shall be intended to include any superimposed new layer.
This survey shall be along an adequate grid to be jointly established with
the Project Manager.
carry out remedial work to correct such levels or tolerances. In particular, this
remedial work may include concrete rendering to vertical wall surfaces to bring
in line with vertical surfaces before starting tiling works.
27.13.3 All walls which are to receive ceramic tiling are to be properly hacked to
achieve a good key.
27.13.4 All waterproofing works shall be completed before installation of granite and
marble elements. Nevertheless, the Contractor shall check such water-proofing
layers where still exposed, and may be required by the Project Manager to
carry out remedial work prior to Installation of tiling. In particular, the
Contractor shall check that all top edges of water-proofing membranes are
sealed using proprietary tape, or equivalent, prior to covering with tiling.
27.13.5 All horizontal surfaces shall be laid to the falls indicated on the Drawings.
27.13.6 The newly laid materials shall be cleaned from all traces of cement, adhesive or
sealant by the use of proprietary detergent materials, as recommended by the
manufacturer, and in accordance with the manufacturer's instructions.
27.13.7 The Contractor shall make good any damage to paintwork, walls etc and shall
be responsible for cleaning up after completion of the work.

FTS/Specs/116/
116 SPECIFICATION FOR TERRAZZO TILES FOR EXTERNAL USE

APPLICABLE)
116.2 TERRAZZO TILES FOR EXTERNAL USE

116.2.1 Terrazzo tiles for external use shall be manufactured in two layers, a face layer
and a backing layer.
116.2.2 The face layer shall be manufactured from a selected hard wearing mixture of
marble, hardstone, granite aggregate and granite dust in conformity with
BS1014 or equivalent standard mixed with a high compression white cement
(525kg/cm2). Plasticizing and anti efflorescence mixtures shall be used in the
face mix. The face layer shall be at least 15mm thick and shall have an average
coverage of 80% aggregate.
116.2.3 The backing layer shall be manufactured from selected crushed rock, sand and
Portland grey cement (425kg/cm2).
116.2.4 Ingredients shall be properly vibrated and hydraulically pressed.
116.2.5 A typical mix for terrazzo tiles for external use shall basically consist of 3 parts
aggregate (mixed granite/marble/hardstone), 2 parts granite dust, 1 part
cement with a maximum cement content pigment of 6%.
116.3 TERRAZZO TILES FOR EXTERNAL USE SIZE AND THICKNESS

116.3.1 The typical floor tile dimensions shall be as indicated below:
Type A : 400mm x 400mm (+/- 1mm)
Type B : 400mm x 200mm (+/- 1mm)
Type C : 200mm x 200mm (+/- 1mm)
Thickness of the terrazzo tiles shall be 33mm (+/-3mm).
@BCL@D00FED76 Part 3 Specifications 1 of 5

FTS/Specs/116/
116.4 TERRAZZO TILES FOR EXTERNAL USE - CHARACTERISTICS

116.4.1 Terrazzo tiles for external use shall have the following characteristics:-
Table 1 Terrazzo tiles for external use
Characteristic Limiting Value
Water Absorption Not less than 8%
Transverse Strength Not less than 4N/mm2
Squareness True 900
Slip resistance 35-40BPN (Pendulum

system wet surface)
116.5 PREPARATORY WORKS

carry out remedial work to correct such levels or tolerances. All horizontal
surfaces shall be laid to the falls indicated on the Drawings.
116.6 PLACING
116.6.1 Tile patterns shall be as indicated in the Drawings. The Contractor may be
respected.
116.6.2 The laying of the tiling to floors and walls shall conform to Code of Practice BS
5385-1: 1995 (internal walls), BS 5385-3: 1989 (Floors), BS 5385-5:1994
(Design and Installation).
1/42.5). Sand shall conform to Type A in BS EN 13139: 2002. Coarse aggregate
shall conform to BS EN 12620: 2002. Preparation of mortar bases shall
conform to BS 8204-1:2002. Lime shall conform to BS EN 459-1:2001. Ready-
mix mortars shall conform to BS 4721: 1981.
116.6.4 Bedding for ceramic tiles shall consist of a cement-sand mix 1:3 by weight,
mixed to a uniform stiff consistency, and laid with a finished bed thickness of
between 15 to 25mm.
116.6.5 The tiles shall be laid with their edges forming a straight unbroken line in each
direction and carefully tapped down to a uniform even surface without ridges or
corrugation. Tiles are to be soaked for a period of 6 hours previous to laying
and shall be stacked to drain. All joints shall be finally sealed by proprietary
grouting.

FTS/Specs/116/
116.6.6 The tiles are to be laid on a bedding of mortar 16-25mm thick consisting of one
part of cement to three/four parts of sand with sufficient water to make the
mixture workable. Slurry of neat cement, mixed with enough water to make it
flow shall be poured over the mortar immediately before laying the tiles.
116.6.7 After the tiles are firmly fixed, but before any dirt or contamination can enter
the joints, all joints shall be grouted with proprietary grouting by sweeping and
rubbing to match the tile colour.
116.7 JOINTS
116.7.1 Joints of tiling shall be true to line, continuous, and without steps.
116.7.2 Proprietary joint spacers shall be provided for floor tiles. The joint spacing
shall be as indicated in the Drawings or as otherwise agreed with the Project
Manager.
116.8 DELIVERY TO THE SITE

116.8.3 The Contractor shall set out the work and make good defects in the existing
base deemed necessary for the proper execution of the works.
116.9 SETTING OUT

116.9.1 The Works shall be accurately set out in accordance with Section 6 of BS 5606:

FTS/Specs/116/
116.9.2 The Contractor shall set out the Works:

i. To establish the correct floor datum level.
ii. To control the finished floor levels by a series of spot levels.
iii. To avoid or minimise unsightly cutting.
iv. To ensure cut units present a balanced appearance when laid and are kept
as large as possible.
v. To ensure correct joint location and flooring patterns
vi. To establish the position of movement joints if any.

116.9.3 When setting out of tiling works particularly wall tiling works, the Contractor
shall:
i) Establish a vertical centreline in each plain area,
ii) Obtain truly horizontal joint lines,
iii) Ensure that cut tiles are neatly cut, are kept as large as possible and are
laid to present a balanced appearance.

116.10.2 Compaction shall be carried out at the material's Optimum Moisture Content in
compacted layers not exceeding 200mm in depth.
116.11 LEVEL SURVEYS

116.11.1 A level survey is mandatory prior to and on completion of excavations and fill
operations. This shall be intended to include any superimposed new layer.
This survey shall be along an adequate grid to be jointly established with the
Project Manager.
116.12 SCREEDS
116.12.1 Unless otherwise indicated, leveling screeds shall be unbonded, or floating
cement-sand screeds, conforming to BS EN 13813. Installation shall be as per
Code of Practice BS 8204-1:2002. Leveling screeds to treads, risers and
landings, where required, shall be bonded screeds.
116.12.2 Laying course material shall consist of graded hardstone aggregate passing
nom. size 10mm. This aggregate shall be free from soil, clay and organic
substances. It shall be laid, spread, adequately wetted and compacted to the
required formation thickness and also laid to falls when required.
116.12.3 Conduit sleeves for services shall be haunched up in a 1:4 cement-sand mix on

FTS/Specs/116/
both sides of the conduit piping.
116.13 GROUTS
116.13.1 Grout for tiles shall comply with EU Directive 89/106/EEC. The technical
116.13.2 Proprietary grouts shall be used for all tiles. The colour of grouting shall be
determined by the Project Manager on site. Cementitious grouts shall be of
Class CG1 or CG2; Epoxy grouts shall be of Class RG.
116.13.3 The Contractor shall submit proprietary technical literature for the proposed
grout. This literature should clearly indicate whether the grout conforms to the
appropriate standards of hygiene requirements of specific areas to be tiled.
116.13.4 Grouting shall not commence before bedding mortar or adhesive has set
sufficiently to prevent disturbance of tiles or paving. Joints shall be at least
6mm deep, and shall be free from dust and debris. Joints shall be filled
completely, with the grout tooled to profile, and the surface cleaned off and left
free from blemishes. Grouting shall be polished off with a hard clean cloth
when hard.
116.13.5 The Contractor shall produce proprietary literature for the grout that shall be
used in all remaining areas. This literature should indicate that the grout
conforms to the requirements or the appropriate standards of hygiene that are
determined by the use of the areas to be tiled.
116.14 DETERGENTS
116.14.1 The Contractor shall supply to the Project Manager a list of approved
detergents for common stains which are to be readily available from stock
including any recommendations and instructions by the tile manufacturer.

BILL OF QUANTITIES FOR FLOOR & WALL TILING WORKS, GRANITE & MARBLE WORKS AT THE NEW MULTI-PURPOSE
HALL AT ST. BENEDICT'S COLLEGE, KIRKOP.
RATE inc.
AMOUNT inc.
V.A.T and all
Item V.A.T and all
Description Qty Unit expenses as
No. expenses as may
may be
be applicable.
applicable.
BILL No. 1 - TILING AND MARBLE WORKS
Preamble
All work shall be measured net as laid. Rates are to include for all waste
and straight or raked cutting. Colour and/or pattern, if any, to be decided
by the Architect-in-Charge.
Granite/marble includes polishing and rounding off arrises.
Screeds
1.01 Supply, transport, lay, wet and compact 10mm sand/chippings, spread and 1,350 cu.m.
levelled to receive floor tiles.
Internal Floor Finishes

1.02 Supply, transport and lay 9mm gres ceramic floor tiles (glazed semi-matt,
'smaltato') in basement, corridors, offices and classrooms at all levels as
instructed by the Architect-in-Charge. Rate is to be inclusive of grouting
as specified.
Size : (450mmx450mmx9mm) - as per Clause 19.5 and 19.7 in 3,475 sq.m.
specifications
1.03 Extra Over Item 1.02 for laying ceramic floor tiles in corridors and foyers 1,500 sq.m.
in a pattern as instructed by the Architect-in-Charge.
1.04 Supply, transport and lay gres ceramic skirting tiles to match floor tiles as 1,660 l.m.
approved by the Architect-in-Charge and as per specifications.
Rate is to include applying two coats of bituminous paint to walls below
dpc level at ground floor level.
a 450mm long
1.05 Supply, transport and lay 20mm granite door sills as approved by the 45 sq.m.
Architect-in-Charge and as per specifications.
Size : (each 1200mmx230mmx20mm approximately)
External Floor Finishes

1.06 Supply, transport and lay waterproof membrane in balcony and open 275 sq.m.
terraces including upturns and primer coat, ready to receive screed
chippings for floor tiles in terraces etc. as instructed by the Architect-in-
Charge.
1.07 Supply, transport and lay 33mm thick terrazzo tiles for external use as
instructed and where indicated by the Architect-in-Charge. Rate is to be
inclusive of grouting as specified.
a Type A: Size 400mmx400mm 660 sq.m.
b Type B: Size 400mmx200mm 220 sq.m.
c Type C: Size 200mmx200mm 165 sq.m.
Subtotal Carried Forward
@BCL@600FC032 1
RATE inc.
AMOUNT inc.
V.A.T and all
Item V.A.T and all
No. expenses as may
may be
be applicable.
applicable.
Brought Forward
1.08 Levelling, compacting and bringing up to levels with suitable backfill 1,050 sq.m.
material approximate depth 150-300mm.
1.09 Supply and lay 100mm C15 concrete bedding under external tiles, laid to 1,050 sq.m.
falls.
1.10 Supply, transport and lay 11-12mm gres ceramic floor tiles (glazed semi-
matt, 'smaltato', non-slip) in external terraces as instructed by the
Architect-in-Charge. Rate is to be inclusive of grouting as specified.
Size : (600mm x 300mm x 12mm) 255 sq.m.
1.11 Supply, transport and lay gres ceramic skirting tiles in terraces to match
floor tiles as approved by the Architect-in-Charge and as per
specifications.
Rate is to include applying two coats of bituminous paint to walls below
dpc level at ground floor level.
a 600mm long 100 l.m.
Wall Finishes
1.12 Supply, lay and grout glazed white or mono colour ceramic wall tiles, 405 sq.m.
200mm x 200mm x 6mm to include for 1 in no. 400mm high base border
and 200mm high upper border having a different colour. Rate to include
for normal cutting and wastage and for working around projections and
pvc jointing at all borders. Refer to Clause 19.11 and 19.13 in
specifications.
1.12 Hacking of soft-stone walls ready to receive tiling. 100 sq.m.
1.13 Supply, transport and lay 20mm thick 'Granite' to lift door dressing. Rate 16 sq.m.
to include grouting.
1.14 Supply, transport and lay 20mm thick 'Granite' (fired finish) to main 215 sq.m.
faade entrance. Rate to include grouting.
Window/Door sills
Rates should include the sealing of joints between the sills and the soft
stone walls with proprietary sealing compound
1.15 Supply, transport and lay 20mm thick marble to marble window sills:
a) Outer sill Travertine 20mm thick 50 sq.m.
b) Inner sill Bianco Carrara 20mm thick. 55 sq.m.
Subtotal Carried Forward
@BCL@600FC032 2
RATE inc.
AMOUNT inc.
V.A.T and all
Item V.A.T and all
No. expenses as may
may be
be applicable.
applicable.
Brought Forward
Staircases
Rates to include for non-slip grooves as per specifications and drawings
1.16 Supply, transport and lay 20mm thick 'Granite' to staircase. Rate to
include grouting.
a) Goings (approx 2.0mx0.30m including non slip linings) 20 sq.m.
b) Risers (approx. 2.0mx0.16m) 13 sq.m.
c) Landings/Quarter landings. 15 sq.m.
d) Skirting (side facing) along walls. 9 sq.m.
e) Top edge (Bastun). 44 l.m.
1.17 Supply, transport and lay 20mm thick 'Bianco Carrara' to staircase. Rate
to include grouting.
c) Landings/Quarter landings. 1 sq.m.
d) Skirting (side facing) along walls. 3 sq.m.
e) Top edge (Bastun). 14 lm
1.18 Supply, transport and lay 20mm thick fired 'Granite' to staircase for
external use. Rate to include grouting.
1.20 Clear site of all rubbish and other waste material. Load and cart away to 1 Lump Lump sum
authorized dumping site. Rate for carting away shall include for any fees Sum
or taxes for the dumping of materials.
Total for Bill No.1 carried forward to Summary of Bills
@BCL@600FC032 3
BILL OF QUANTITIES FOR FLOOR & WALL TILING WORKS, GRANITE & MARBLE WORKS AT THE NEW MULTI-PURPOSE HALL
AT ST. BENEDICT'S COLLEGE, KIRKOP.
Item Description Amount

No.
Inclusive of
VAT and all
other charges
applicable.
Bill No. 2 - Dayworks

Provisional
2.00 Preamble
Dayworks will only be payable when expressly ordered in writing by the
Architect in Charge.
Labour
The rates payable in respect of labour shall be in accordance with the Schedule
of Rates detailed at Appendix 1. Such rates shall include for supervision and
provision of small tools.
Material
The costs payable in respect of materials shall be chargeable at the net price
paid by the Contractor for the materials delivery to site after deduction of all
discounts and before applying the percentage addition of 10% (ten percent) for
Contractors services.
Plant
The rates payable in respect of plant shall be in accordance with the Schedule of
rates detailed at Appendix II. However, a reduction of 20% of the schedule rates
shall be made for electrically operated plant when the supply of electrical energy
is supplied free of charge by the Employer. When the plant used on daywork is
authorised as standing, the schedule rate shall be reduced by 33%.
2.01 Labour
Provide the sum of 4,000 for the cost of labour. These costs shall be charged at
the actual hours worked.
The rate shall cover all other charges of every description, including bonus, 4,000
incentives, superintendent, foremen, administrative staff, timekeeper,
insurances, pensions, holidays with pay, use of small tools (including
sharpening), appliances and plant (not included in plant below), establishment
charges profit and VAT.
2.02 Materials
Provide the sum of 3,000 for the net cost of materials expended on dayworks.
Add to the above cost a percentage of 10% (to be stated and extended) to cover 3,000
the cost of delivery, unloading, unpacking, storing, protecting hoisting,
distributing on site and for all establishment charges and profit and VAT.
2.03 Plant
Provide the sum of 3,000 for the cost of plant used on daywork.
The rate shall cover all costs including driver/attendant, fuel, establishment 3,000
charges, profit in connection with the use of plant on daywork and VAT.
Total for Bill No. 2 carried forward to Summary of Bills 10,000
@BCL@600FC032
APPENDIX 1
SCHEDULE OF RATES FOR
LABOUR EMPLOYED ON DAYWORK
The Contractor shall insert below the category of labour together with the appropriate all inclusive
rates which he considers may be required for use on daywork and that will apply up to the expiration of
the defects liability period.
HOURLY RATE
HOURLY RATE AFTER
NORMAL WORKING
NORMAL WORKING HOURS
HOURS INCLUDING
LABOUR CATEGORY INCLUDING VAT AND ALL
VAT AND ALL
EXPENSES THAT MAY BE
EXPENSES THAT MAY
APPLICABLE.
BE APPLICABLE.
FOREMAN
PLANT DRIVER
HEAVY PLANT DRIVER
SKILLED LABOURER (ANY

TRADE)
UNSKILLED LABOURER
Name of Company : ___________________________________________________
Signature of Tenderer :_____________________ Date: __________________
@BCL@600FC032
APPENDIX 2
EQUIPMENT EMPLOYED ON DAYWORKS
The Contractor shall insert below the category of equipment together with the appropriate all inclusive
rates which he considers may be required for use on daywork and that will apply up to the expiration of
the defects liability period.
HOURLY RATE
HOURLY RATE AFTER
NORMAL WORKING
NORMAL WORKING HOURS
HOURS INCLUDING
Plant Category INCLUDING VAT AND ALL
VAT AND ALL
EXPENSES THAT MAY BE
EXPENSES THAT MAY
APPLICABLE.
BE APPLICABLE.

BOBCAT TYPE SHOVEL
DUMPER CAPACITY 1.0 CU.M
LORRY TIPPER (10 TONNE)
HAND JIGGER
RATE PER SKIP (Incl VAT and all expenses that may
Plant Category
be applicable)

SKIP : INERT CONSTRUCTION
MATERIAL
SKIP : UNSEPARATED
MATERIAL
Name of Company : ___________________________________________________
Signature of Tenderer :______________________ Date: __________________
@BCL@600FC032
APPENDIX 3

MATERIAL EMPLOYED ON DAYWORK
The Contractor shall insert below the category of material the all inclusive rate which might be required for
use on daywork and that will apply up to the expiration of the defects liability period.
SUPPLY ONLY RATE

including VAT and all other
Material Category Unit
expenses as may be
applicable
450mm x 450mm x 9mm GRES

CERAMIC FLOOR TILES sq.m.
200mm x 200mm x 6mm

GLAZED CERAMIC WALL TILES sq.m.
SKIRTING 450 mm LONG l.m.
400mm x 400mm TERRAZZO

TILES sq.m.

TILES sq.m.

TILES sq.m.
10mm SAND/CHIPPINGS cu.m.
Name of Company : ___________________________________________________
Signature of Tenderer :______________________ Date: __________________
@BCL@600FC032
BILL OF QUANTITIES FOR FLOOR & WALL TILING WORKS, GRANITE & MARBLE WORKS AT THE NEW
MULTI-PURPOSE HALL AT ST. BENEDICT'S COLLEGE, KIRKOP.
Amount
Inclusive of VAT and
all other charges
SUMMARY OF BILLS applicable as per
Clause 1.04
Bill No. 1 Tiling and Marble Works
Bill No. 2 Provision for Dayworks 10,000.00
Total of Works inclusive of VAT and other charges as may be

applicable
I / We undertake to complete all works within _____________ calendar weeks from the order to start
works (vide clause 1.07).
Company
Address
Telephone: Fax: Mobile Phone:
e-mail:
Trading Licence No.____________________________________ Valid up to___________________
V.A.T Registration No._______________________________________
Signature of Tenderer: _________________________________ I.D No.________________
Full Name (Block Letters) Date: __________________
@BCL@600FC032

Tender for Floor & Wall Tiling Works at St Benedict's College

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Tender for Floor & Wall Tiling Works at St Benedict's College

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CT Notice CT 086/2009

CT File No. CT 2047/2009

Closing Date: 09 APR 2009 at 10:00a.m (Malta Time)

Date Published: 24 FEB 2009

TENDER FOR FLOOR AND WALL TILING

IMPORTANT NOTE REGARDING TENDER GUARANTEE (BID BOND):

TENDERERS ARE TO ENSURE THAT THE MANDATORY BID BOND OF 3,500

THE DIRECTOR OF CONTRACTS

Tel: 0356 21220212 Tel: 0356 21387664

TENDER FORM FOR A WORKS CONTRACT

Publication reference: CT _______ /08

A: Department of Contracts, Notre Dame Ravelin, Floriana, CMR02 Malta

Name(s) of tenderer(s) Nationality

1 CONTACT PERSON (for this tender)

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

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

7 Our firm/company (and our subcontractors) has/have the following nationality:

Name and first name: (.)

Duly authorised to sign this tender on behalf of:

Place and date: (..)

Stamp of the firm/company:

This tender includes the following annexes:

Part 1 Tenderers Check list (to be completed by tenderer)

Part 2 Special Conditions of Contract and General Conditions

Part 4 Bill of Quantities

Part 6 List of Drawings

e) 1 Tile 200mm x 200mm Terrazzo Tile as per specifications.

Vide 1.08.2 - I confirm that I / We have submitted full technical

Vide 1.08.3 - I confirm that I / We have submitted relevant supporting

Vide 1.08.4 - I confirm that I / We have submitted sufficient evidence

Vide 1.08.5 - I confirm that I / We have submitted a copy of the ETC

DATE: __________________ SIGNATURE OF TENDERER:___________________________

TENDERERS CHECK LIST

Vide Annex I - I confirm that I / We have included a Subcontractors

Vide Annex II - I confirm that I / We have submitted a Bar Chart

Vide Annex III - I confirm that I / We have submitted Details of

Vide Annex IV - I confirm that I / We have submitted a list showing

Vide Annex V - I confirm that I / We have submitted an Occupational

Vide Annex VII - I confirm that I / We have submitted a Tender

Vide Annex IX I confirm that I / We have submitted Non Collusive

Vide Annex X I confirm that I / We have submitted STATEMENT ON

Vide Annex XI I confirm that I / We have submitted the Financial

I agree with the instructions and information given in Part Six

NAME OF TENDERER __________________________________________________________

TELEPHONE NUMBER _________________________________________________

FAX NUMBER _________________________________________________

V.A.T. REG. NO. _________________________________________________

SIGNATURE OF TENDERER _________________________________________________

1.0 Instructions to Tenderers

1.02 Site Visit

1.08 INFORMATION / MATERIALS TO BE SUBMITTED WITH TENDERS.

checked. In the case of non-approval, the Contractor at his expense shall be

1.09 Tender Documents

1.10 Interpretation or Correction of Tender Documents

1.10.2 Tenderers requiring clarification or interpretations of the Tender Documents shall

1.10.3 Any interpretations, corrections or changes to the Tender Documents by the

1.10.4 Questions during tender period

All tenderers questions shall be submitted in writing to the Director of Contracts.

1.12 Local Conditions and Tender Documents

1.12.1 Each Tenderer by making his Tender confirms that:

1.13 Proper Compiling of Tender Document

1.14. Tender Guarantee (Bid Bond)

DATE: SIGNATURE OF TENDERER:_________