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REFERENCE NUMBER:

MEDE/MPU27/17

CONCESSION FOR THE LEASE OF TUCKSHOP AT SAN

GORG PRECA COLLEGE HAMRUN SECONDARY

SCHOOL FOR THE SCHOLASTIC YEAR

2017/2018

Date Published: Friday 7th July 2017

Deadline for Submission: Monday 24th July 2017 at 09:30am CEST

Tender Opening: Monday 24th July 2017 at 10:00am CEST

IMPORTANT Clarifications shall be uploaded and will be available to view/download from www.etenders.gov.mt

This e-tender does not require print-outs from this document. Please consider your environmental

responsibility before printing.

MINISTRY FOR EDUCATION AND EMPLOYMENT MINISTERIAL PROCUREMENT UNIT (MPU)

Education Building, Great Siege Road, Floriana, Malta

Tel: (356) 2598 0000

Email: info@mede.gov.mt

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IMPORTANT NOTE

Submission of e-tenders Tenders must be submitted by registered Economic Operators.

EPPS users holding a sole trader account are kindly reminded that their account can only be used to

submit tenders under their sole trader’s name and not on behalf of any other organisation.

In case a tender needs to be submitted by any other type of Economic Operator (e.g. Company/Joint

Venture/Consortium), an account needs to be created either through the ePPS or e-ID as per Terms of

Use for Economic Operators and only this account must be used to submit the tender.

In the case where a person requires to submit a tender on behalf of an entity which may be an

organisation or Joint Venture/Consortium, the submission must be performed through the account of

the entity. The latter must assign the person an account to perform the submission on its behalf, if

the person is not already assigned. The entity will be considered as the economic operator submitting

the tender.

Economic are reminded that ONLY in the case of New Account Registrations, irrespective of the type

and form of the Economic Operators, they have a choice between registering either directly through

the ePPS at www.etenders.gov.mt or through the e-ID Service via the MyGov website at

www.mygov.mt. In the case of the latter, Economic Operators must qualify for e-ID as per the ePPS

Terms of Use for Economic Operators.

Prospective Bidders are reminded that when submitting more than one option for a particular CfT,

they should submit multiple tenders.

Prospective Bidders are reminded to follow the above instructions and other instructions in the Terms

of Use of the e-procurement system (ePPS) and the Manual for Economic Operators available under

the ‘Help’ tab of the epps homepage.

The Ministry for Education and Employment reserves the right to disqualify Economic Operators who

do not abide by the above instructions.

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CONCESSION FOR THE LEASE OF TUCKSHOP AT SAN

GORG PRECA COLLEGE HAMRUN SECONDARY

SCHOOL FOR THE SCHOLASTIC YEAR

2017/2018 Table of Contents

SECTION 1 – INFORMATION TO TENDERERS ............................................... 4

1. General Instructions ..................................................................... 4

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

3. Financing .................................................................................. 5

4. Workshop .................................................................................. 5

5. Selection and Award Requirements .................................................... 6

6. Criteria for Award ........................................................................ 7

7. Contract Signing .......................................................................... 7

8. Performance Guarantee ............................................................. 8

26. No Canvassing and No Collusion ..................................................... 14

SECTION 3 – EXTRACTS FROM THE CONCESSIONS REGULATIONS ................... 23

1.1 The Contract shall run for next scholastic year from date of signature on contract and the Contracting Authority reserves the right to extend the contract for another period of one year that is for the following scholastic year at the same terms, rates and conditions and by mutual agreement of the Contracting Authority and the Contractor. The Contract expires on the last day of the scholastic year.25

SECTION 5 – TERMS OF REFERENCE ...................................................... 27

1. Background Information ................................................................ 27

1.2 - Contracting Authority ..................................................................................... 27

1.3 - Current State of Affairs .................................................................................. 27

1.4 - Related Activities in the Facility ................................................................. 27

2. Contract Objectives and Expected Results .......................................... 27 2.1 - Overall Objectives ........................................................................................... 27

3. Assumptions and Risks .................................................................. 27 3.1 - Assumptions Underlying the Project Intervention ..................................... 27

3.2 – Risks ................................................................................................................... 27

4.2 - Specific Activities ............................................................................................ 28

5. Commencement Date & Period of Execution .................................................. 28

6. Requirements ............................................................................ 28 6.1 – Personnel ........................................................................................................... 28

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

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SECTION 1 – INFORMATION TO TENDERERS

1. General Instructions

1.1

In submitting a tender (unless otherwise indicated, a tender offer above 100MB

will not be accepted by the system (ePPS), the tenderer accepts in full and in

its entirety, the content of this tender document, including subsequent

Clarifications issued by the Contracting Authority (CA), whatever the economic

concessionaire’s own corresponding conditions may be, which through the

submission of the tender is waived. Tenderers are expected to examine

carefully and comply with all instructions, forms, contract provisions and

specifications contained in this tender document.

No account can be taken of any reservation in the tender in respect of the

procurement documents; any disagreement, contradiction, alteration or

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

Prospective tenderers must submit their response to this tender

online, at www.etenders.gov.mt, by completing the prescribed tender

response format using the Tender Preparation Tool (TPT) provided by

the System.

Prospective tenderers take full responsibility to submit their

electronic tender response (offer) well before the tender submission

deadline in order to avoid last minute upload restrictions. Tender

offers must be fully uploaded/accepted by the ePPS prior to the

deadline for submission of offers, that is, tenders in transit upon

tender submission deadline will be rejected.

1.2 The subject of this concession is the Leasing of a Tuck Shop San Gorg

Preca College Hamrun Secondary School.

1.3 The concession period is for ONE (1) year from date of signature of the

contract, unless otherwise terminated earlier by Ministry for Education

and Employment, if found to be in breach of the contractual obligations.

The Contracting Authority reserves the right to extend the contract

for another year by mutual agreement of both parties at the same

rates, terms and conditions.

1.4 The Contracting Authority for this tender is Ministry for Education and

Employment.

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1.5 This Procurement procedure is regulated by LN 353/2016.

2. Timetable

DATE TIME

Workshop (Refer to Clause 6.2) Refer to

6.2 -

Deadline for request for any additional

information from the Contracting Authority:

Clarifications by registered users to be

sent online through www.etenders.gov.mt

17/7/17 23:45 hrs

Last date on which additional information

can be issued by the Contracting Authority 20/7/17 23:45 hrs

Deadline for Submission of tenders

(unless otherwise modified) 24/7/17 09:30 hrs

Tender Opening Session at MEDE

(unless otherwise modified ) 24/7/17 10:00 hrs

* All times Central European Summer Time (CEST)

3. Financing

3.1 The Concessionaire shall finance this contract and no costs whatsoever

shall be borne by the Contracting Authority.

4. Workshop

4.1 Economic Operators may register to attend a workshop that will be

organised in collaboration with the Institute for Public Services (Ex-

CDRT: Centre for Development, Research and Training) at San Salvatore

Bastion, Sa Maison Road, Floriana FRN1610. During this workshop,

Economic Operators will be given the opportunity to familiarise

themselves with Government’s e-Procurement platform.

Economic Operators are to register to attend this workshop by sending

an email on etenders@gov.mt with the name, surname, role within the

organisation, and contact details (telephone and email address) of the

nominated person.

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5. Selection and Award Requirements

In order to be considered eligible for the award of the contract,

Economic Operators must provide evidence that they meet or exceed

certain minimum criteria described hereunder.

(A) Eligibility Criteria

(i) Declare agreement, conformity and compliance with the provisions

of the Statement on Conditions of Employment in Tender Response

Format

(ii)

Power of Attorney (if applicable) (Form 1).

(iii)

(iv)

Data on Joint Venture/Consortium (if applicable) (Form 2).

Details of Bidder (Form 3).

(B) Exclusion (including Blacklisting) and Selection Criteria –

information to be submitted through the tender response format

(available from www.etenders.gov.mt).

(i) Declaration concerning exclusion grounds to be uploaded in the

Tender response format (Form 4)

(ii) Declaration concerning Selection Criteria:

The Declarations specified hereunder are to be submitted online

through the prescribed Tender Response Format and by using the

Tender Preparation Tool provided:

(1) Declaration that the upon signature of contract

Concessionaire and his employees shall be in

possession of (1) the food handling card according to

the requisite of Legal Notice 178/2001 – Food Handlers

(Registration) Regulations, 2001 and (2) a clean police

certificate of conduct.(Note 2)

(C) Technical Specifications

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(1) Tenderer’s Technical Offer to provide a list of food, drinks, etc that are to be sold including the relevant prices to be submitted online through the prescribed Tender Response Format and by using the Tender Preparation Tool provided.(Note 3)

(2) Declaration of agreement to the contractual obligations. (Note 3)

(D) Financial Offer

(i) A financial offer shall consist of a yearly concession fee per

annum.

(ii) A filled-in Financial Bid Form(as per document available to

download online from www.etenders.gov.mt) as per Tender Response

Format.

6. Criteria for Award

The sole award criterion will be the price. The contract will be awarded

to the tenderer who is technically compliant and submitting the highest

price offer.

A contractor cannot be awarded the running of more than one tuckshop in

concessions issued by MEDE thus future offers by of the contractor will be

discarded.

7. Contract Signing

a) The successful bidder shall, within ten (10) calendar days of receipt of the final

Concession Agreement, sign and date the Concession Agreement and provide an

original of the Performance Guarantee.

b) If the successful bidder fails to sign the Concession Agreement, other required

documentation, and the Performance Guarantee within the prescribed fifteen (15)

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calendar days, the Contracting Authority may consider the bid as withdrawn.

c) Only the signed Concession Agreement will constitute an official commitment on the

part of the Contracting Authority, and the Project may not commence until the

Concession Agreement has been signed by the Contracting Authority and the

successful bidder.

d) Should the Contractor abandon the Contract, the Contracting Authority reserves the

right to offer the gestation of the Tuckshop to that individual who had turned in the

second best offer and should this person refuse to take the offer it will be passed on

to the third one etc. till the list will be exhausted. The Contracting Authority

reserves the right to issue another call for offers if an operator is not available.

8. Performance Guarantee

i. The Concessionaire shall be obliged to deliver a performance guarantee (the

“Performance Guarantee”) to the Contracting Authority, simultaneously with the

signature of the Concession Agreement.

ii. The Performance Guarantee must be issued by a local Maltese Bank or a Financial

Institution licensed by a recognized Financial Regulator in the country where the

company is located, with a long-term credit rating no worse than bbb+ (as

determined by Fitch Rating Inc.), or equivalent, and who assumes responsibility for

claims and payments to the amount as stated above. The Performance Guarantee

must be drawn up in the name of the Contracting Authority.

iii. The Performance Guarantee is set at 4% of the total contract value and is to remain

valid throughout the duration of the concession. The performance guarantee is only

applicable if total amount of contract is above ten thousand euros (10,000) excluding

vat.

iv. The Performance Guarantee shall be released within thirty (30) days of expiry of the

duration of the Concession Agreement. 9. Content of Concession Document

Bidders bear sole liability for examining with appropriate care the procurement documents, and

any clarification notes to the procurement documents issued during the tendering period, and

for obtaining reliable information with respect to conditions and obligations that may in any way

affect the amount or nature of the concession. In the event that the bidder is successful, no

claim for alteration of the contract value will be entertained on the grounds of error or

omissions in the obligations described above.

The bidder must provide all information and documents required by the provisions of this

concession document. All such documents, without exception, must comply strictly with the

conditions and provisions and contain no alterations made by the bidder.

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10. Explanations/Clarification Notes concerning procurement documents

Economic operators may submit questions in writing to the Contracting Authority through the

contact details and within the timeframes as detailed in Clause 2 above. The contracting

authority must reply to all Economic Operators’ questions, and apply any necessary corrections

to the procurement documents by publishing clarification notes, as well as issue corrigenda to

the procurement document. Clarifications received by other means will not be taken into

consideration.

Questions and answers, minor alterations and corrigenda to the procurement document will be

published as a clarification note on the Government’s e-Procurement platform

www.etenders.gov.mt within the respective tender’s workspace. Clarification notes will

constitute an integral part of the procurement documentation, and it is the responsibility of

Economic Operators to visit this website and be aware of the latest information published online

prior to submitting their offer.

11. Concession fee and currencies

Before submitting their offer, Economic Operators are to ensure its correctness and completeness and to have taken account of all that is required for the full and proper performance of the contract, and to have taken into consideration all costs. The currency of this concession is the Euro (€). Offers are to be submitted up to two (2) decimal points.

12. Period of Validity of Concessions

Offers must remain valid for a period of 90 days after the deadline for submission of concessions

indicated in the contract notice and in this procurement document. Any economic operator who

quotes a shorter validity period will be rejected.

13. Submitting an offer

Offers must be compiled, packed and uploaded on www.etenders.gov.mt before the deadline

specified in Clause 2 above, or as otherwise modified. An email receipt will acknowledge the

submission of the offers. Offers submitted by any other means will not be considered.

14. Extension of Deadline for Submission of Offers

The Contraction Authority may, at its own discretion, extend the deadline for submission of

offers to give Economic Operators sufficient time to take clarification notes into account when

preparing their offers. Economic Operators will be notified with any such extension through the

issuing of a clarification note. In such cases, all rights and obligations of the Contracting

Authority and the bidders regarding the original date specified in the contract notice will be

subject to the new date.

15. Late offers

Economic Operators will not be able to upload a concession offer once the deadline for

submission of offers has expired.

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No liability can be accepted for delays or technical difficulties (as per Terms of Use and Manual

for Economic Operators of the Government e-Procurement Platform) that preclude concession

offers from being submitted in time.

16. Amendments and Withdrawal of Bids

Bidders may amend/replace or withdraw their bids online from www.etender.gov.mt until the

expiry of the deadline for submission. No bid may be amended or withdrawn after the deadline

for submission.

17. Opening of bids

Bids shall be opened in a public session at the place and on the date and time indicated in the

timetable at Clause 2 above (or as otherwise modified). The Summary of bids received will be

immediately available to view on www.etenders.gov.mt.

At the concession opening session, the bidders’ names, the bid’s ID, and, the concession fee will

be published.

18. Bids Evaluation Process

The evaluation process is to follow the process established hereunder:

18.1 Part 1: Review of Eligibility of bidders

The Evaluation Committee will check the compliance of the concession submissions with the

instructions given in the procurement documents. The Evaluation Committee can request

clarifications and rectifications, in which case the Evaluation Committee shall obtain the prior

approval of the Tendering Committee. Rectification/s must be submitted within five (5) working

days from notification; failure to comply shall result in the concession offer not being considered

any further.

In evaluating the information submitted by the bidders following a request for a rectification,

the Evaluation Committee must ensure that an Economic Concessionaire is eligible to qualify for

a concession and must consequently be in possession of all the requirements stipulated in the

procurement documents by the closing date for the submission of the same.

18.2 Part 2: Review of Exclusion (including Blacklisting) and Section Criteria

Submissions which have been considered as eligible shall be evaluated to ensure compliance with

Clause 7(B) above.

In order for the Evaluation Committee to carry out the evaluation, it may ask bidders during the

procedure to submit all or part of the supporting documents where this is necessary to ensure

the proper evaluation of the criteria listed under Clause 7 (B).

18.3 Part 3: Technical Compliance

Submissions which have qualified under Part 2 shall have their technical offer evaluated to

ensure compliance with Clause 7(C) above. In order to be considered for this evaluation, bidders

must submit a completed Technical Offer.

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Only clarifications on the submitted information in respect of the latter may be requested. No

clarifications shall be allowed where there is no doubt that the submitted technical offer does

not comply to the requested specifications.

18.4 Part 4: Financial Evaluation

Submissions which have qualified under Part 3 shall have their financial offer evaluated to

ensure compliance with Clause 7 (D) above.

The Evaluation Committee will check that the financial offers contain no arithmetical errors.

19. Correction of Arithmetical Errors

19.1 Admissible submissions will be checked for arithmetical errors by the Evaluation

Committee. Without prejudice to other arithmetical errors which may be identified, the

following errors will be corrected as follows:

(a) Concerning discrepancies between amounts in figures and in words, the amount in words will

prevail;

(b) Concerning discrepancies between a unit price and the multiplication derived from the unit

price and the quantity, the unit price as quoted will prevail;

(c) Where only a total has been provided, the rate is to be established by dividing the total

against the quantity published;

(d) Where only a rate or price has been entered, the rate is to be multiplied by the quantity

published to derive the total;

(e) Where no amount is entered against an item in the bill of quantities/financial offer, the

financial offer will be deemed as incomplete and disqualified, unless there is specifically stated

that the item is included in the Grand Total;

(f) Any errors in the Grand Total will be adjusted by the Evaluation Committee.

19.2 The concessionaire will be bound to any adjustments made by the Evaluation Committee to

the amount stated in the concession. If the concessionaire refuses the adjustment, their

concession will be rejected .

19.3 The final concession fee will be determined after adjusting it on the basis of Clause 19.1.

20. Right of the Central Government Authority/Contraction Authority to Accept or Reject

any Concession

20.1 The Contracting Authority reserves the right to accept or reject any bid and/or to cancel

the whole concession procedure before and after the closing established for the submission of

the concession and/or reject all offers. The Contracting Authority reserves the right to initiate a

new invitation to concession.

20.2 In the event of a concession procedure’s cancellation, bidders will be notified by the

Contracting Authority.

20.3 Cancellation may occur where:

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(a) The tendering procedure has been unsuccessful, namely where no qualitatively or financially

worthwhile bid has been received or there has been no response at all;

(b) the economic or technical parameters of the project have been fundamentally altered;

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

impossible;

(d) all technically compliant bids exceed the financial resources available;

(e) there have been irregularities in the procedure, in particular where these have prevented

fair competition;

(f) the duration of the evaluation has exceeded the stipulated time.

In no circumstances will the Contracting Authority be liable for damages, whatever their

nature (in particular damages for loss of profits) or relationship to the cancellation of a

concession, even if the Contracting Authority has been advised of the possibility of damages.

The publication of a contract notice does not commit the Contraction Authority to

implement the programme or project announced.

21. Notification of Award, Contract Clarifications

21.1 Prior to the expiration of the period of validity of concessions, the Contracting Authority

will notify the successful concessionaire in writing, that their concession has been recommended

for award, pending any appeal being lodged in terms of the Concessions Regulations.

21.2 Unsuccessful bidders shall be notified with the outcome of the evaluation process, and will

be provided the following information:

(i) the criteria for award;

(ii) the name of the successful bidder;

(iii) the recommended price of the successful bidder;

(iv) the reasons why the bidder did not meet the technical specifications/notification that the

offer was not the highest.

(vi) the deadline for filing a notice of objection (appeal);

(vii ) the deposit required if lodging an appeal.

22. Contract Signing and Performance Guarantee

22.1 After the lapse of the appeals period, and pending that no objections have been received

and/or upheld, the successful bidder is obliged to accept the contract through Government’s e-

procurement platform within two (2) working days from when they are notified to do so. If the

recommended bidder fails to comply with this obligation the Contracting Authority can revoke

the award and recommend the next bidder. If the bidder fails to accept the offer through

Government’s e-Procurement Platform the Economic Concessionaire shall be liable for the

payment of any difference between their offer and the awarded offer.

22.2 The recommended bidder shall, within ten (10) calendar days of receipt of the contract,

sign and date the contract and return it together with a copy of the Performance Guarantee. He

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is further obliged to forward the original performance guarantee to the Contracting Authority.

The Contracting Authority may award to the second best priced offer if the recommended bidder

fails to submit the performance guarantee.

22.3 If the selected concessionaire fails to sign and return the contract, other required

documentation, and any guarantees required within the prescribed periods, the Contracting

Authority may consider the acceptance of the concession to be cancelled without prejudice to

the Contracting Authority’s right to claim compensation or pursue any other remedy in respect

of such failure, and the successful bidder will have no claim whatsoever on the Contracting

Authority. The Economic Concessionaire may be liable for the payment of damages which shall

be equal to any difference between the price submitted by them and the price submitted by the

awarded offer.

23. Ethics Clauses

23.1 Any attempt by a candidate or concessionaire to obtain confidential information, enter into

unlawful agreements with competitors or influence the outcome of the procurement procedure

during the process of examining, clarifying, evaluating, comparing and the recommendation

leading to the award or cancellation of concessions will result in the rejection of their of their

candidacy or concession and may result in administrative penalties.

23.2 Unless otherwise provided for in the procurement documents, when putting forward a

candidacy of concession, the candidate of concessionaire must declare that he is affected by no

potential conflict of interest, and that he has no particular link with other concessionaires or

parties involved in the project. A false declaration shall lead to the disqualification of the

candidate or Economic Concessionaire or candidate is to be excluded from the award of that

particular concession unless such a conflict of interest cannot be remedied by a less intrusive

manner.

23.3 The concessionaire shall refrain from any relationship likely to compromise his

independence or that of their staff. If the concessionaire ceases to be independent, the

Contracting Authority may, regardless of injury, exclude the concessionaire without further

notice and without the concessionaire having any claim to compensation.

24. Data Protection and Freedom of Information

24.1 Any personal data submitted in the framework of the procurement procedure and/or

subsequently included in the contract shall be processed pursuant to the Data Protection Act

(2001). It shall be processed solely for the purposes of the performance, management and

follow-up of the procurement procedure and/or subsequent contract by the Central Government

Authority without prejudice to possible transmission to the bodies charged with a monitoring or

inspection task in conformity with National and/or Community law.

24.2 The provisions of the concession are without prejudice to the obligations of the Contracting

Authority in terms of the Freedom of Information Act (Cap. 496 of the Laws of Malta). Unless

otherwise provided in the Public Procurement Regulations, the Contracting Authority, prior to

disclosure of any information to a third party in relation to any provisions of this concession

which have not yet been made public, shall consult the concessionaire in accordance with the

provisions of the said Act, pertinent subsidiary legislation and the Code of Practice issued

pursuant to the Act. Such consultation shall in no way prejudice the obligations of the

Contracting Authority in terms of the Act.

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25. Gender Equality

In carrying out his/her obligation in pursuance of this contract, the concessionaire shall ensure

the application of the principle of gender equality and shall thus ‘inter alia’ refrain from

discriminating on the grounds of gender, marital status or family responsibilities.

Concessionaires 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.

26. No Canvassing and No Collusion

Any bidder who directly canvasses any member or official of the Contracting Authority in

connection with the Project shall be disqualified.

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SECTION 2 –OBLIGATIONS BY THE CONTRACTOR

1. Payments

The contractor will be given the opportunity to choose to honour his financial

commitment in two (2) equal payments. The 50% of the first payment should be

effected two (2) days from date of last signature on contract. The second 50%

payment must be paid during the first week of February. Payments may be effected

either by a cheque addressed to the Ministry for Education and Employment or through a bank

transfer.

2. Sub-contracting

The concessionaire may not assign any or part of this agreement or any of the rights and

obligations entered into, to third party without the written consent of the Contracting

Authority.

3. Penalties If the concessionaire is found to have seriously failed to meet his contractual obligations as laid down in this document he shall be subject to financial penalties representing twenty (20) euros per day up to a maximum of one thousand (1000) euros. 4. National Legislation The Contractor shall be bound to conform and comply with Chapter 424 of The Laws of Malta (Occupational Health and Safety Authority Act 2000) and to all regulations/legal notices that form part of this Act, as well as any other national legislation, regulations, standards, and/or codes of practice, in effect during the execution of the contract, regarding health and safety issues as they apply for the Contractor’s particular operating situation and nature of work activities. 5. Insurance 5.1 The concessionaire shall provide for a comprehensive insurance policy, with a reputable firm, for the designated area and the interest of the School and shall be declared with the Insurers. A copy of the insurance policy is to be presented to the Ministry for Education and Employment within one (1) month from the award of tender. Insurance policy is to cover Public Liability, Building and Injury to third party clients. Copy of insurance policy is also to be given to Head of School. If the Contractor fails to submit a valid insurance policy within the time stipulated in this clause, then the Contract shall be terminated.

6. Termination of Concession

6.1 This contract shall terminate automatically if it has not given rise to the concession fee

within a period of one month from the due date.

In addition, the Contracting Authority, may terminate the contract after giving seven (7) days' notice to the Contractor in any of the following cases:

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a) the Contractor fails to carry out its obligations under the contract; b) the Contractor fails to comply within a reasonable time with the notice given by the

Ministry for Education and Employment requiring it to make good the neglect or failure to perform its obligations under the contract which seriously affects the proper and timely execution of the services;

c) the Contractor refuses or neglects to carry out administrative orders given by the Ministry

for Education and Employment;

d) the Contractor has been guilty of grave professional misconduct proven by any means which the Contracting Authority can justify;

7. Staff

The employment of staff shall be the sole responsibility of the concessionaire who shall ensure compliance with employment regulations and the relevant national insurance legislation.

8. Licences & Taxes

The concessionaire shall obtain and renew any licenses required lawfully to operate the designated area. Payments for these licences shall be borne by the concessionaire. VAT and any relevant taxes due for the operation of the designated area will be the sole responsibility of the concessionaire.

9. Health & Safety

The concessionaire shall be responsible to ensure that the premises are to be kept in a good state of repair and all Occupational Health & Safety Regulations observed.

10. Maintenance

The concessionaire is responsible for the cleaning, maintenance and upkeep of the designated area and the relaxation area if applicable.

11. The concessionaire binds himself to adhere to all the obligations imposed upon him by the contract and to follow instructions given to him by the Director General for the Directorate for Educational Services or by those delegated by him.

12. The Days and Times of Opening of the Tuckshop:

a) The contractor has the right to open and run the Tuckshop only on school days.

Sales from the Tuckshop will only be carried out during the breaks applicable to

the particular school where the Tuckshop is operating. However the contractor

may, with the permission of the Head of School, open and run the Tuckshop half

an hour before the start of the morning lessons. The contractor, however, is

obliged to close the Tuckshop exactly when the bell rings for Assembly.It is solely

in the hands of the Head of School whether this permission is given or not and the

decision of the Head is final.

b) The Tuckshop must not open on the days when the school is not open for students, that is to say during the official holidays of the school, on Saturdays and Sundays, and on public holidays.

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c) The use of sales from the Tuckshop is prohibited at other times and on other days

except for those mentioned in the preceding clause. Neither is it permissible for sales from another venue except the one assigned by the Head of School to serve as a Tuckshop for that school.

d) (i) If the need arises, the contractor might be asked to offer the service from the Tuckshop on days and during times other than those mentioned in the preceding clauses. In such a case, however, the contrctor must be obliged to pay an additional contribution beside that of the contract. (ii) the additional contribution will be charged pro rata. e) In the case of service from the Tuckshop which is referred to in Clause 1d (i) and (ii), the other conditions of the contract will remain standing.

13. The Amount of the Contract: The sum offered and duly accepted must be understood as being fixed as for the scholastic year. Whenever the number of students in a school (or in the complex of schools in the case where one Tuckshop serves the needs of more than one school) varies from that published officially in the notice for offers with more or less than twenty five (25%) per cent, the sum will be adjusted proportionally with the contract. 14. What may and What may not be sold from the Tuckshop (a) (i) The contractor is duty bound to help the Directorate for Educational Services in the educational campaign against deseases resulting from lack of a balanced diet. The recommendations emanating from the Ministry for Health urging the Maltese people to consume less calories, sugars, fats and salt, and eat more with a variety of fruit, vegetables, legumes (beans, lentils, peas, chickpeas) and cereals (preferibly wholemeal/wholegrain), must therefore be observed. For this reason, the contractor must offer for sale from the Tuckshop food and drink as described in the published document with this call for tenders. This document is deemed to be an integral part of the concession document. (ii) The contractor may only sell the food and drinks that are permissible according to the list of Permissible Food and Drink. In case of violation of this rule the contractor will receive a letter of warning in the first case and if he is caught again infringing upon this rule for the second time, he will lose the right to continue to run the Tuckshop without any reimbursement of the money that he would have had already paid. The contractor in this case has to return the keys of the Tuckshop to the Head of School without delay but surely by not later than two (2) days. In the addition to the above the contractor is informed that:

(i) Tobacco products, beers, alcoholic beverages, energy drinks and chewing gum must under no circumstances be displayed for sale in the Tuckshop. Neither is it permissible to sell sweets in form of cigarettes.

(ii) The installation of computers like that of Internet Cafè is not permissible in

the Tuckshop.

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(iii) The contractor must exhibit a price list with the cost of each and every product and item that is on sale. Besides, every product or item on sale at the Tuckshop must have the relevant price clearly visible on it or on the box displaying it for sale.

(iv) The Tuckshop forms part of the school premises and so smoking is prohibited

at all times.

(v) The food and drink that are sold from the Tuckshop can be the subject of inspections carried out by Officers of the Directorate for Educational Services and/or by Environmental Health Inspectors, and these are to be carried out without prior notice to the contractor.

(vi) Besides inspections from Officers of the Directorate for Educational Services

and/or by Environmental Health Inspectors, unannounced inspections can be carried out also by Officers of the Division of Price Control of the Department of Commerce and those of the VAT Department. So it is in the interest of the contractor to make sure that he keeps the prices of the products for sale from the Tuckshop in accordance with the established ones and to abide by the laws that regulate this commercial activity. Whosoever is caught infringing upon these regulations can lose the license to continue proividing the service.

A NOTE on VAT: The contractor is bound by obligations 1 of Scheme 13, Article 51, Clause 7 – Fiscal Receipts of the VAT Legislation. This Chapter of the Legislation can be found and perused in this link: http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8872.

(vii) The contractor must not keep any commercial gaming equipment at the Tuckshop or in its vicinity.

(viii) The contractor must put on display all material sent by the Health and

Disease Prevention Directorate in a prominent manner in the Tuckshop.

(ix) No advertising of products that go against the list of prohibited food and drinks as can be seen in the annexed Documents. i.e. The list of prohibited food and drinks required to be put on display.

15. Hygiene, Cleanliness, Health and Conduct: The contractor is duty bound to keep hinmslelf informed and abreast/adjourned about the various regulations related to the security of the food especially those laws that are published with the tender document. The contractor binds himsel to operate the Tuckshop according to these regulations especically with regards to:

a) The contractor is duty bound and responsible for the upkeep of the Tuckshop

and its immediate surroundings and to see that these are kept clean at all

times. Both the contractor himself and every employee in his service must

wear clean clothes and which respect the school environment. The contractor

and all his employees in the Tuckshop must be on their best behaviour with the

students and the school staff and serve all with due gentleness.

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b) Both the contractor and his assistants in the Tuckshop must wear a white

overall (or of a light colour), don a kitchen head cap and must use food tongs

when selling and distributing food.

c) The contractor must make sure that a first aid box with bandages, waterproof

dressings and antiseptics is available.

d) The food which is prepared beforehand such as bread etc. must be displayed for

sale wrapped in transparent material and presented in such a way that it is

protected from all possible contamination. Food that cannot be wrapped must be

kept covered.

e) Under no circumstances food products or drinks are to be sold past their expiry

date.

f) The Director General for Educational Services may object with regards to the

presence of an employee of the contractor at the Tuckshop that does not satisfy

the conditions mentioned in the preceeding clauses. In such a case, the Director

General for Educational Services is authorised to order the contractor to stop this

person from continuing working at the Tuckshop.

g) The contractor, as well as those assisting him in the Tuckshop, may be asked by

the Health Department authorities to submit thermselves for medical

examinations and/or tests to make certain that they are free from all infectious

diseases.

h) No animals of any kind including birds may be kept in the Tuckshop.

i) The contractor is obliged to register the Tuckshop with the Food Safety

Commission, as requested by Legal Noitice 180/2001, by not later than three (3)

days from the first date of operations.

16. Conditions of a General Nature: The contractor:

i. Connot make use of the school premises to prepare food for sale outside the

school premises.

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ii. He must provide all equipment needed for the running of the Tuckshop together

with assuming responsibility to provide all that is needed to deliver efficient and

hygienic service.

iii. He is duty bound to take all necessary precautions needed for Health and Safety

according to the applicable legislation.

iv. He has no right to transfer directly or indirectly, any rights or interests that his

responsibilty according to the contract to any third person/s without first getting

the written permit from the Director General for the Directorate for Educational

Services.

v. He must be responsible for the collection of money for the service delivered at

the Tuckshop.

vi. In no way must he hinder directly or indirectly the school administration or in one

way or another go against any official instructions.

vii. He must feel obliged to make good for any damages that would have resulted

from carelessness to the equipment and/or the place of the Tuckshop during the

period covered by the contract. This obligation applies also to the wear and tear

caused by regular and continuous use.

viii. He must leave the place leased out to him as a Tuckshop before the school closes

for the summer holidays. He must see that that he takes with him equipment,

tools, food objects, etc that are mobile without doing any harm to the place

where the Tuckshop is. Other properties that he would have installed in the

place such as sinks, plucks, doors, shutters etc. must remain installed even when

he leaves the place rented out to him as a Tuckshop. The contractor will be held

responsible personally for any damage and other losses that occur in the Tuckshop

while he is dismantling and moving all his belongings from the place.

ix. The contractor must be conscious of the fact that the place allocated to him by

the Directorate for Educational Services as a Tuckshop is Government property.

Thus the contractor is duty bound to as soon as the scholastic year comes to an

end and consequently the contract expires, he must hand the keys of the

Tuckshop back to the Head of School or to the school authorities delegated by the

Head.

x. If the contractor does not hand in the Tuckshop keys once the scholastic year

expires, the Director General for the Directorate for Educational Services will

exercise the right to take all necessary steps to gain access to the place that

served as a Tuckshop during the scholastic year.

xi. The contractor will have no right for any compensation regarding any changes

that benefited the place that he might have carried out in the Tuckshop if the

change was not previously approved by the Director General for the Directorate

for Educational Services.

17. The Director General for the Directorate for Educational Services:

i. Will not be liable to, or will not be held responsible for, any damage/loss/theft

that the contractor may have suffered but:

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ii. Reserves also the right to end the contract or suspend it for a period of time if

the contractor was reported by the School Council to the College Principal that he

was not abiding by the conditions as laid down in the contract even though he had

already been given a warning.

18. The fact that a contract had been signed does not necessarily in any way exonerate the contractor from acquiring other necessary permits or any permits or licences that the laws of Malta stipulate.

ii. The contractor is obliged to conform with all the provediments of the Legislation and Regulations of the VAT department.

19. How to present Offers:

i. Offers put forward by persons guilty of unbecoming conduct registered in the

police certificate or by persons who are facing criminal proceedings in Court will

not be considered. No permits will be issued with regards to persons nominated

by the contractor to act as assistants if they have been given a bad certificate of

conduct.

20. Extension of Contract:

i. The Contracting Authority has the right to extend the validity of the contract for

another scholastic year, at the same rate of payment of the original contract and

with the same conditions of the original contract in a written agreement with the

contractor.

ii. In case an extension is needed, the concessioniare must be informed beforehand

by a notice in writing.

iii. For reasons regarding this contract, particularly regarding clause 09(i), the

summer recess is not to be taken as the period of time during which an extension can be granted after the end of the scholastic year. The extension starts functioning with the start of the following scholastic year, and for all aims and purposes, this will mean that the contract will not have expired by the end of the scholastic year that it will be referring to.

21. The Contractor has to abide by all the Maltese Employment Legislation and Regulations. 22. The contractors of the Tuckshop should note that, at the end of the scholastic year, the Heads of Schools are asked to report about the conduct of the contractor of the Tuckshop in their school and to what extent he adhered to the regulations of the contract (peruse with attention the preceeding clause).

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23. The Director General for the Directorate for Educational Services can also exercise the right to delegate the School Council, according to the particular case involved, those resposibilities and powers he deems appropriate.

24. The Contractor shall be obliged to keep himself informed and updated and that he

will act in an upright manner according to the laws regulating food security, besides

selling only food and drinks that are permissible, while abstaining from selling the type

of food and drink that is prohibited.

25. The Contractor may not assign or transfer his rights in terms of this agreement to third parties.

26. The Contractor requires monitoring that work is carried out according to laws and regulations governing health and safety, and in accordance to the policies of the Directorate of Education Services.

27. The contractor will have no right to open and run the Tuckshop in the beginning of

any period if he would not have already honoured his financial commitment related to

that particular period beforehand.

28. If, in spite of the dispositions in the preceding clauses, the contractor opens the

Tuckshop on his own initiative and without having paid the rent due, the contractor will

be subject to a fine of €25 per day, that will be added to the sum of the payment of that

same period.

29. With every payment made at the Directorate for the Finances and Administration

the contractor must present his identity card.

30. If a contractor, because of health reasons, asks to be exempted from his obligations to run the Tuckshop, the contractor will be subjected to a medical examination from the Government Chief Medical Officer so that the physical health state of the contractor will be verified and a decision will be taken by the Director General of Operations.

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SECTION 3 – EXTRACTS FROM THE CONCESSIONS REGULATIONS

PART V: Appeals from decisions taken after the closing date for the submissions of an

offer

106. Where the estimated value of the public contract meets or exceeds five thousand

euro (€5,000) any tenderer or candidate concerned, or any person, having or having

had an interest or who has been harmed or risks being harmed by an alleged

infringement or by any decision taken including a proposed award in obtaining a

contract, a rejection of a tender or a cancellation of a call for tender after the lapse

of the publication period, may file an appeal by means of an objection before the

Public Contracts Review Board, which shall contain in a very clear manner the reasons

for their complaints.

107. The objection shall be filed within ten (10) calendar days following the date on

which the contracting authority or the authority responsible for the tendering process

has by fax or other electronic means sent its proposed award decision or the rejection

of a tender or the cancellation of the call for tenders after the lapse of the publication

period.

108. The communication to each tenderer or candidate concerned of the proposed

award or of the cancellation of the call for tenders shall be accompanied by a

summary of the relevant reasons relating to the rejection of the tender as set out in

regulation 242 or the reasons why the call for tenders is being cancelled after the

lapse of the publication period, and by a precise statement of the exact standstill

period.

109. The objection shall only be valid if accompanied by a deposit equivalent to 0.50

per cent of the estimated value set by the contracting authority of the whole tender

or if the tender is divided into lots according to the estimated value of the tender set

by the contracting authority for each lot submitted by the tenderer, provided that in

no case shall the deposit be less than four hundred euro (€400) or more than fifty

thousand euro (€50,000) which may be refunded as the Public Contracts Review Board

may decide in its decision.

110. The Secretary of the Public Contracts Review Board shall immediately notify the

Director, the Ministerial Procurement Unit and, or the contracting authority, as the

case may be, that an objection had been filed with his authority thereby immediately

suspending the award procedure.

111. The Department of Contracts, the Ministerial Procurement Unit or the

contracting authority involved, as the case may be, shall be precluded from concluding

the contract during the period of ten (10) calendar days allowed for the submission of

appeals. The award process shall be completely suspended if an appeal is eventually

submitted.

112. The procedure to be followed in submitting and determining appeals as well as

the conditions under which such appeals may be filed shall be the following:

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(a) any decision by the General Contracts Committee, the Ministerial Procurement

Unit or the Special Contracts Committee or by the contracting authority, shall be

made public by affixing it to the notice-board of the Department of Contracts, the

Ministerial Procurement Unit or of the office of the contracting authority, as the case

may be, or by uploading it on government’s e-procurement platform prior to the

award of the contract if the call for tenders is administered by the Department of

Contracts;

(b) the appeal of the complainant shall also be affixed to the notice-board of the

Public Contracts Review Board and shall be communicated by fax or by other

electronic means to all participating tenderers;

(c) the contracting authority and any interested party may, within ten (10) calendar

days from the day on which the appeal is affixed to the notice board of the Review

Board and uploaded where applicable on the government’s e-procurement platform,

file a written reply to the appeal. These replies shall also be affixed to the notice

board of the Review Board and where applicable they shall also be uploaded on the

government’s eProcurement platform;

(d) the authority responsible for the tendering process shall within ten (10) days

forward to the chairman of the Public Contracts Review Board all documentation

pertaining to the call for tenders in question including files and tenders submitted;

(e) the secretary of the Review Board shall inform all the participants of the call for

tenders, the Department of Contracts, the Ministerial Procurement Unit and the

contracting authority of the date or dates, as the case may be, when the appeal will

be heard;

(f) when the oral hearing is concluded, the Public Contracts Review Board, if it does

not deliver the decision on the same day, shall reserve decision for the earliest

possible date to be fixed for the purpose, but not later than six (6) weeks from the

day of the oral hearing:

Provided that for serious and justified reasons expressed in writing by means of an

order notified to all the parties, the Public Contracts Review Board may postpone the

judgment for a later period;

(g) the secretary of the Review Board shall keep a record of the grounds of each

adjournment and of everything done in each sitting;

(h) after evaluating all the evidence and after considering all submissions put

forward by the parties, the Public Contracts Review Board shall decide whether to

accede or reject the appeal or even cancel the call if it appears to it that this is best

in the circumstances of the case.

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Section 4 - Special Conditions

Article 1: Execution of the Contract

1.0 Contract shall commence for date of last signature on contract by both parties and

the contract is for next scholastic year 2017/2018.

1.1 The Contract shall run for next scholastic year from date of signature on contract

and the Contracting Authority reserves the right to extend the contract for another

period of one year that is for the following scholastic year at the same terms, rates and

conditions and by mutual agreement of the Contracting Authority and the Contractor.

The Contract expires on the last day of the scholastic year.

Article 2: Delays in Execution

2.0 The amount of the flat rate compensation for penalty and the maximum

aggregate amount for such compensation is as specified hereunder and up to a limit

of 20% of the total price.

(a) In case the contractor fails to open the Tuckshop on any school day without a justifiable reason, besides the daily rent money that the contractor had offered the contractor will be subject to a fine of twenty five euro (€25) for each day he fails to open the Tuckshop.

(b) If the contractor fails to open the Tuckshop for five (5) consecutive school days,

it will be deemed that the contractor has abandoned the contract and in this case will be liable to a fine that represents 10% (ten per cent) of the whole amount of the total contract value. This sum will be calculated in this manner:

(c) If the contractor notwithstanding the letter or notification of the acceptance of

the offer, fails to open and run the Tuckshop according to what is expected of him, the fine will be of 10% (ten per cent) of the total sum of the contract.

(d) If the contractor abandons the contract after he already had opened and ran

the Tuckshop, the fine will be 10% (ten per cent) of the sum calculated proportionally for the period of time remaining to the end of the scholastic year. Besides, the contractor loses the right to run the Tuckshop and the Directorate for Educational Services will reserve the right to offer the gestation of the Tuckshop to that individual who had turned in the second best offer and should this person refuse to take the offer it will be passed on to the third one etc. till the list will be exhausted. The Directorate for Educational Services reserves the right to issue another call for offers if an operator is not available.

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(e) If the contractor opens the Tuckshop on his own initiative and without having

paid the rent due, the contractor will be subject to a fine of €25 per day, that

will be added to the sum of the payment of that same period.

Article 3: Payments and Interest on Late Payment

3.1 The contractor will be given the opportunity to choose to honour his financial commitment in two (2) equal payments. The 50% of the first payment should be effected two (2) days from date of last signature on contract. The second 50% payment must be paid during the first week of February.

3.2 The amount offered will be taken as covering the rent of the whole scholastic year. Should the contract for the Tuckshop that was the subject of the offer made be granted after the beginning of the scholastic year, there will be a proportional adjustment to deduct the rent for those schooldays during which the Tuckshop was not be operating. The adjusted amount will thus reflect the actual period covered by the contract.

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SECTION 5 – TERMS OF REFERENCE

1. Background Information

1.2 - Contracting Authority

Ministry for Education and Employment

1.3 - Current State of Affairs

The current Tuck Shop has been in operation for the last twelve (12) years.

1.4 - Related Activities in the Facility

This Tuck Shop forms part of San Gorg Preca College.

2. Contract Objectives and Expected Results

2.1 - Overall Objectives

The main objective of the project is to provide the services of a Tuck Shop providing food and drink. The clients are the students/school staff.

3. Assumptions and Risks

3.1 - Assumptions Underlying the Project Intervention

As this concession is only for the leasing of the area, the concessionaire is to invest adequate capital to equip the Tuck Shop and satisfy the needs of the clients.

3.2 – Risks

(1) The number of students may fluctuate;

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4.2 - Specific Activities

The Concessionaire shall be entrusted to run the Tuck Shop to the satisfaction of the Ministry of

Education and Employment. The clients must be provided with a satisfactory experience when using the services of the Tuck Shop. Moreover the Concessionaire may take measures to optimise the clients’ satisfaction and also his income. He may install vending machines. These additional activities are subject to the approval of the Contracting Authority.

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

Tuck shop area: 4mX5m Equipment: nil Number of students: 450 Number of staff: 100

5. Commencement Date & Period of Execution

The intended commencement date is the last date on the contract and the period of execution of the contract will be for the next scholastic year from date of last signature on contract. The Contracting Authority reserves the right to extend the contract for another scholastic year at the same rates, terms and conditions and by mutual agreement of both parties.

6. Requirements

6.1 – Personnel

A service provider is to be in attendance as during the operative hours of the Tuck Shop.