Call for Proposals

Concession for the provision of

Canteen Services
(Ref: PR01/2013)

Date Published:

Friday, 29th November 2013

Closing Date:

Friday, 20th December 2013 @ 1000 CET

Free of Charge

Call for Proposals

1. Scope
MEPA is issuing this Call for Proposals to identify bidders interested in providing canteen
services for a period of 3 years, extendible by another 2 years, at St. Francis Ravelin Floriana.
The main objective of this Call for Proposals is to offer staff the best value for money on all the
items sold.

2. Procedure
This Call for Proposals is being issued as an OPEN procedure and will be regulated by the
General Conditions, available in Appendix IV of this document.
MEPA shall determine the award of this Call of Proposals on the basis of the best value for
money proposal, taking into consideration both the menu and the annual rent offered, which is
compliant with specifications.

3. Timeframe
Date

Time

Date of Publication of Call for Proposals

Friday, 29th November 2013

Site visit

Saturday, 7th December 2013

0900

Last Date on which clarifications are received by MEPA

Monday, 9th December 2013

1600

Last Date on which clarifications are issued by MEPA

Thursday, 12th December 2013

1600

Deadline for submission of proposals

Friday, 20th December 2013

1000

4. Background
MEPA has approximately 375 staff members located at St.Francis Ravelin. The normal working
hours are between 07.00 hrs and 17.00 hrs, Monday to Friday in Winter (October to June), and
07.00 hrs to 14.15 hrs, Monday to Friday in Summer (July to September).
A canteen facility measuring approximately 80m2 with a seating capacity of 40 is to be provided
by MEPA. This facility includes a fully-equipped kitchen compliant with hygiene, health and
safety standards together with a seating area and an adjacent storage room.

5. Canteen Services
5.1 Menu
Bidders are to provide a selection of food items and beverages. Different daily meals are to
be provided, including various vegan and vegetarian options. . This is to be indicated by the
bidder in Appendix 1A Menu.
The menu should always clearly display prices, including VAT.

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No alcohol is to be served.
Bidders may opt to prepare meals either at the canteen facility or at own premises. This is
to be indicated by the bidder in Appendix 1A Menu.
During contract implementation, MEPA Management reserves the right to request the
canteen operator to amend the menu as deemed appropriate.

5.2 Obligations of the Canteen Operator

The canteen operator is to fix the opening hours in line with MEPAs working hours, from
Monday to Friday. The canteen is not to open on Saturdays and Sundays and public
holidays. Serving of plated food is only to take place from 11:30 am to 02:00 pm.
The canteen is only to be open for and serve only MEPA employees.
A price list for all items being sold must be clearly visible and placed in a prominent place
in the Canteen. Any major changes in menu selection items and/or any changes in prices,
must be discussed with and approved by MEPA management.
Replacements/repairs to fixed equipment (ex: fridge or hot plate) are to be borne by MEPA
for the first 6 months only, thereafter these costs are to be borne by the canteen operator;
Replacements/repairs to non-fixed equipment (ex: crockery or serving items) are to be
borne by the canteen operator.
Cleaning of premises and immediate surroundings are to be carried out by the canteen
operator.
Utility bills are to be paid by the canteen operator.
The canteen operator should always adhere to Maltese legislation in terms of conducting
business.
The canteen operator is responsible for and shall bare the costs to have a valid license
from the Malta Tourism Authority, and any other licenses which from time to time may be
required for the operation of the canteen.
All staff of the canteen operator is to be uniformed according to hygiene, health and safety
standards, and to also possess a valid Food Handling License.
On a 12-hour pre-advised notification, MEPA can request the canteen operator to provide
light snacks and drinks for any meetings even outside opening hours.

5.3 Duration of service

The contract will be awarded for a period of 3 years, extendible by another 2 years, with a
3-months notice.

5.4 Payment of Rent

The annual rent, as stipulated in the contract agreement, is to be paid in 2 equal payments
every year, 6-months in advance.
Should the canteen operator fail to pay the rent for the following 6 months and at the
same time still continue to operate the canteen, the operator will be liable to a 25 fine
per day that would be added to rent still payable.
Should the canteen operator fail to open the canteen without a valid reason, the operator
will be liable to a 100 fine for every day he/she fails to open.
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5.5 Important Notes

The premises and fixed equipment provided for Canteen operations remain the property of
MEPA during the duration of the contract agreement.
MEPA will not be responsible and cannot be held liable should the canteen operator suffer
any losses through theft or other damages.

5.6 Green Procurement

At least 1% of the food and drinks supplied must be organically produced according to
Regulation (EC) No. 834/2007. Products carrying the European Community organic label will
be deemed to comply. Alternatively, the bidder shall provide the specifications of the
products or other written evidence of conformity to demonstrate that this criterion is met.
Products must be supplied in either of the following means:
In packaging with more than 45% recycled content
In packaging materials based on renewable raw materials.
In order to reduce waste generation, food and beverages must be served using cutlery,
glassware, crockery and tablecloths which are renewable or based on renewable raw
materials. Waste produced in carrying out the service will be collected separately according
to the collecting system of the public administration, which includes the fractions of plastic,
paper, glass and metal.
Bidders are to comply with the above by signing the declaration form in Appendix II.
Please refer to www.gpp.gov.mt for the National Guidelines for Green Public Procurement

6. Site Visit
A site visit will be held on the date and time indicated in Clause 3, at MEPA St. Francis Ravelin,
Floriana to answer any questions on the document which have been forwarded in writing, or
are raised during the same meeting. Minutes will be taken during the meeting, and these
(together with any clarifications in response to written requests which are not addressed during
the meeting) shall be posted online as a clarification note as per Clause 7.
Visits by individual prospective bidders during the proposal period other than this site visit for
all prospective bidders cannot be permitted.

7. Proposal Format
Bidders are to submit their proposal using the format defined in Appendix I of this Call for
Proposals.
Bidders must also include a signed copy of the Bidders Declaration in Appendix II of this Call
for Proposals.
Full specifications of items being offered and illustrated literature are to accompany the
proposal. All documents must be in the English language.

8. Request for Clarifications

Bidders are urged to promptly notify MEPA of any ambiguity in or discrepancy between any of
the documents of this Call for Proposals which may be discovered upon examination of the
documents.
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Bidders may submit any written requests for clarification concerning this Call for Proposals to
e-mail address tenders@mepa.org.mt, until the deadline stipulated in Section 3, specifying the
publication reference and the title of this call. Any requests after this date will not be
accepted.
Any clarifications from MEPA in response to any requests for clarification will be addressed and
sent before the deadline stipulated in Section 3.
Bidders are advised that any interpretations, correction or changes to the Call for Proposals
will be notified via the MEPA website (www.mepa.org.mt/info-proposals). It is the
responsibility of the bidders to visit the website and be aware of the latest information
published on the MEPA website prior to submitting the quotation. Interpretations, corrections
or changes made in any other manner will not be valid, and prospective bidders shall not rely
upon such interpretations, corrections and changes.

9. Submission of Proposals
All proposals must be submitted in full, signed as requested, and sealed in an
envelope/package bearing the reference code PR01/2013 so that the bid can be identified. A
soft copy saved on CD or USB stick should be submitted together with the proposal.
Submissions must be hand-delivered and deposited before the deadline for submission of
proposals stipulated in Section 3 at:
Proposals Box (MEPA Foyer)
Malta Environment and Planning Authority
St Francis Ravelin
Floriana FRN 1230
Malta
Proposals submitted by other means will not be considered for evaluation. Late proposals will
be rejected and will not be considered for evaluation. No liability will be accepted for
rejection of late proposals.
The annual rent shall be quoted in Euro.
In submitting their proposals, bidders will be submitting their best and final offer. Bidders are
deemed to have taken account of all that is required for the submission, including its
correctness and completeness and that they have included all charges in their annual rent.
Proposals having any handwritten correction to the quoted annual rent will not be considered
for evaluation. Proposals must comply with the requirements as stated in this call.

10. Validity of Proposals

Proposals shall remain valid for a period of six months from the closing date for the submission
of the proposals stipulated in Section 3.

11. Cancellation of the Call for Proposals Procedure

MEPA shall have the option to cancel any published Call for Proposals prior to its closing date
stipulated in Section 3.
Bidders are advised that any cancellation to the Call for Proposals will be notified via the MEPA
website (www.mepa.org.mt/info-proposals). It is the responsibility of the bidders to visit the
website and be aware of the latest information published on the MEPA website prior to
submitting the proposal.

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12. Evaluation of Proposals

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.
In the interest of transparency and equal treatment and without being able to modify the
submitted proposal, the bidder may be required, at the sole written request of MEPA to provide
clarifications.
MEPA reserves the right to conduct an interview with the bidder to assess the bidders
experience and approach to the delivery of the requirements.
MEPA shall evaluate this Call for Proposals on the basis of the best value for money proposal,
taking into consideration both the menu and the annual rent offered, which is compliant with
specifications. To this effect, the proposal with the highest annual rent submitted shall not
necessarily be an indicator of best value for money and may be refused.
The following table illustrates the evaluation criteria to be adopted:

Criteria

Percentage

ANNUAL RENT

20%

MENU

80%

- Prices
- Variety

- 50%
- 30%

Note 1: With regards to the Annual Rent, the proposal with the highest rent will obtain a
score of 20, while the other proposals will obtain a proportional score.
Note 2: With regards to Variety, the proposal with the broadest selection of beverages,
sweets, snacks, and hot meals will obtain the highest score. In relation to food items, the
ingredients listed in Appendix I will also be taken into consideration when scoring Variety.
Note 3: With regards to the Prices, the proposal with the cheapest prices for beverages,
sweets, snacks, and hot meals will obtain the highest score. The prices, proposed by bidders,
for similar food and beverage items will be compared. In relation to food items, the ingredients
listed in Appendix I will also be taken into consideration when scoring Prices.

MEPA is not bound to accept any of the submitted proposals and has the right to refuse in part
or in full any or all the submissions, even the most advantageous, without giving reasons to do
so.

13. Award
This Call for Proposals shall be awarded on the basis of the best value for money proposal,
taking into consideration both the menu and the annual rent offered, which is compliant with
specifications.
Notification of award is uploaded on the MEPA website. Upon award the winning bidder will be
expected to abide by the signed Bidders Declaration.

14. Data Protection and Freedom of Information

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Any personal data submitted in the proposals 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 by the Contracting Authority without prejudice to possible
transmission to the bodies charged with a monitoring or inspection task in conformity with
National and/or Community law.
The provisions of this proposal are without prejudice to the obligations of the Contracting
Authority in terms of the Freedom of Information Act (Cap. 496 of the Laws of Malta). The
Contracting Authority, prior to disclosure of any information to a third party in relation to any
provisions of this proposal which have not yet been made public, shall consult the bidder 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.

15. Gender Equality

In carrying out his/her obligations in pursuance of this proposal, the bidder 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. Bidders 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.

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Appendix I (to be filled in by the bidder):

A Menu
Items

Description to include:
1. Ingredients
2. Whether vegan or vegetarian, where applicable;
3. Whether item will be prepared at MEPA canteen or other site.

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Prices to be
charged
including
VAT ()

B Financial Bid
Annual rent for 1 year
()

Qty

3 years

Signature of
the Bidder:

Stamp of the
firm/company:

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Total Rent for 3 years

()

C Details of the Bidder

Full name of the bidder in Block
Letters (individual or organisation):

Address:

Phone Number:

Fax Number:

Organisation Registration
Number or ID Number:

VAT Registration
Number:

E-mail Address:

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Appendix II: Bidders Declaration

(To be completed and signed by the bidder and submitted with the proposal.)
I/We, the undersigned, hereby declare that:
1. I/We have examined and accept in full and in its entirety, the content of this Call for Proposals
PR01/2013 (including subsequent clarifications issued by MEPA). We hereby accept the contents
thereto in their entirety, without reservation or restriction. We also understand that any
disagreement, contradiction, alteration or deviation shall lead to our proposal offer not being
considered any further.
2. I/We offer to execute, in accordance with the terms of the Call for Proposals and the
conditions and time limits laid down, the supplies and/or services as set out in this call within
the time-frames submitted in this Call for Proposals.
3. I/We declare that none of the grounds listed in Regulation 50 of the Public Procurement
Regulations 2010 (L.N. 296 of 2010) apply to us.
4. I/We acknowledge that MEPA may request us to submit signed certification from the competent
authorities that none of the criteria listed in Regulation 50 of the Public Procurement
Regulations (L.N. 296 of 2010) apply to us and where applicable confirm the same for each
member of the joint venture or consortium and/or subcontractor. We will be guided by the
information published by the European Commission specifying the competent authorities within
each Member States which can certify whether a bidder is in line with Regulation 50 and
available through the following link http://ec.europa.eu/markt/ecertis/login.do. I/We accept
that I/we shall be excluded from the award of this call for quotations if the compliance
certificates are not submitted upon the request by MEPA and by the indicated dates.
5. I/We will inform MEPA immediately if there is any change in the above circumstances at any
stage during the delivery of the products and maintenance period. We also fully recognise and
accept that any false, inaccurate or incomplete information deliberately provided in this
application may result in our exclusion from this and other contracts funded by the Malta
Environment and Planning Authority.
6. I/We note that MEPA is not bound to proceed with this Call for Proposals and that it reserves
the right to cancel or award any part of this call. It will incur no liability towards me/us should
it do so.
7. I/We declare to comply with all the Green Procurement measures as per Clause 5.
8. I/We, the undersigned, have availed myself/ourselves of the General Conditions available in
Appendix IV, and have read and accepted in full and without reservation the conditions
outlined therein, and are therefore waiving any standard terms and conditions which may have.

Name and Surname:

______________________________________________________

ID / Passport Number:

______________________________________________________

Signature of bidder:

______________________________________________________

Duly authorised to sign on behalf of:

______________________________________________________

Stamp of the firm / company:

______________________________________________________

Place and Date:

______________________________________________________
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Appendix III: Statement on Conditions of Employment

1. I hereby declare that all employees engaged on this proposal shall enjoy working conditions
such as wages, salaries, vacation and sick leave, maternity and parental leave as provided for
in the relative Employment Legislation. Furthermore, we shall comply with Chapter 424 of the
Laws of Malta (Occupational Health and Safety Authority Act) as well as any other national
legislation, regulations, standards and/or codes of practice or any amendment thereto in effect
during the execution of the contract.
2. I hereby declare that no part of the services to be provided under this proposal shall be subcontracted.
3. I hereby declare that the service being provided under this proposal will not be carried out by
self-employed persons registered with the Maltese Authorities, but will be carried out solely by
my employees.
Self-employed personnel may be engaged as partners in a Joint
Venture/Consortium.
4. I hereby declare that all my employees have a written contract of service and are registered
with the competent authority of my country.
5. I hereby declare that my employees shall be given a detailed payslip containing all relevant
details including the amount paid, normal hours worked, overtime hours, hours worked on
Sundays and Public Holidays, hours availed of as leave or sick leave, a breakdown of
bonuses/allowances as well as deductions made (such as contributions and income tax).
6. I hereby declare that all the wages/salaries of my employees are paid only by direct payment
in the employees bank account.
7. I hereby declare that during the execution of this proposal, if and when requested by the
Contracting Authority or the Director of Industrial and Employment Relations, I shall provide a
copy of the contracts of service, payslips, FS3 forms and bank statement of wages/salaries
deposits of any of my employees irrespective of whether such employees are employed on this
contract for inspection.
8. I hereby declare that I shall submit to the Contracting Authority a list of the employees to be
engaged on the contract after the award of the proposal.
9. I hereby declare that if I am found in breach of any of the above declarations I accept that this
proposal will be terminated and that I will have no right to be compensated for any damage I
may have suffered or will suffer in the future in respect to this termination.
10. I am hereby attaching the minimum hourly workers costs for this proposal and a breakdown of
the employees cost in global sum contracts.

______________________________________
Signature of Bidder

I.D. No. .
Date

.
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Appendix IV: General Conditions

Submission of a proposal indicates the acceptance of the general conditions listed below as well as any
particular conditions listed in the document.
1.

The Contractor shall indemnify the Malta Environment and Planning Authority against all
claims at any time on account of patent rights or royalties, whether for manufacture or for
use in Malta. In the event of any claims being made against the Malta Environment and
Planning Authority 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 there from or any negotiations for settlement.

2.

The Malta Environment and Planning Authority 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.

3.

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
in advance 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 Malta Environment and
Planning Authority shall have certified in writing that the claim is reasonable and proper.

4.

The Malta Environment and Planning Authority shall have the power to order reasonable
additions to, or deductions from, the work specified. In the case of deductions, these shall be
allowed for at the contract rates. If MEPA intends to order extra works, a quote should be
provided for these additional works in advance of such works being ordered. Such variations
shall be sent in the form of written orders to the Contractor.

5.

In the event of additions being made, the Malta Environment and Planning Authority may, if it
thinks it 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.

6.

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
specification.

7.

Before proceeding to execute any work, the Contractor shall obtain the Malta Environment
and Planning Authoritys approval of the manner in which the Contractor proposes to execute
each portion of the work, and shall furnish such information as the Malta Environment and
Planning Authority shall require.

8.

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 Malta Environment and Planning Authority.

9.

The Malta Environment and Planning Authority shall have power throughout the contract 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.

10. 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 Malta Environment and Planning Authority explaining the cause
of the delay.
11. 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 receipt of the said letter.
12. 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 Malta Environment
and Planning Authority thereof, to any person or persons whomsoever, or to sublet the
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contract or any part of it, or to allow any portion of the work to be done otherwise than by
his own establishment, without the written consent of the Malta Environment and Planning
Authority.
13. Should there be any discrepancy between the General Conditions and any special conditions
or specifications of any contract, the special conditions of specifications shall be followed in
preference to the General Conditions.
14. Payment will be made in accordance with the terms named in the letter of acceptance of
tender and may be suspended if, in the opinion of the Malta Environment and Planning
Authority, the work provided does not possess the qualities required under the contract.
Payment will be subject to any deductions to which the Contractor may have become liable
under this contract.
(a) The work shall be delivered to the Malta Environment and Planning Authority, at
Malta, all charges paid, including customs import duty and insurance where
applicable. The Contractor shall be responsible for all damages or loss in transit from
the Contractors work to the specified site and shall replace, free of cost, all
materials that may be broken, damaged or lost in transit as aforesaid.
(b) Customs Import Duty and Levy, if any, shall NOT be refunded.
15. Failure to deliver within the contract time shall, in addition to any other liabilities incurred
by the Contractor under this contract, render the Contractor liable by way of penalty to a
deduction from the contract sum of 200 Euro per day for any work which may be in arrears,
unless the Malta Environment and Planning Authority 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 Malta Environment and Planning Authority shall decide the
extent, if any, to which deduction shall be remitted. 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, the Malta Environment and Planning Authority without
prejudice to its rights under conditions 18 and 19 hereof, shall be entitled to hold the
Contractor responsible for damages incurred by the Malta Environment and Planning Authority
as a result of the delays referred to in these conditions.
16. Should the Contractor fail to effect delivery in whole or in part, within one month from the
expiration of the period stipulated in the contract without the previous permission of the
Malta Environment and Planning Authority, the contract shall be deemed to have been
abandoned in which case the contractor shall be liable to pay a 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.
17. Late delivery or failure to effect delivery shall at any time entitle the Malta Environment and
Planning Authority 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 Malta Environment and Planning
Authoritys decision to terminate the contract.
18. Without prejudice to the Malta Environment and Planning Authoritys right to dissolve ipso
jure the contract in the case of infringement of any condition thereunder and apart from the
deduction established for delay in delivery, any such infringement shall render the contractor,
in each case, liable to a deduction by way of damages of 5 per cent of the value of contract,
unless the Malta Environment and Planning Authority elects, with regard to each particular
infringement, but not necessarily with regard to all infringements, to claim actual damages
incurred.
19. The Malta Environment and Planning Authority is bound to accept the lowest of any
technically compliant tender.
20. The Malta Environment and Planning Authority reserve the right of accepting any tender
wholly or in part, or of dividing the contract among two or more Tenderers.

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21. 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.
22. The Contractor shall, within 7 days (in the case of a local contractor; 15 days in the case of an
overseas contractor), such period to commence from the date of the Letter of Acceptance,
furnish the Bank Guarantee by a local Bank referred to in the form of the tender, amounting
to 10% of the value of the contract.
23. Payment will be made in accordance of the terms of the Bond (Bank Guarantee) referred to at
Clause 24, and within a reasonable time after delivery in Malta to the satisfaction of the Malta
Environment and Planning Authority payment will be subject to any deductions to which the
Contractor may have become liable under this contract.
24. 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, the Bank Guarantee will not be required and the
provisions of all clauses relating to the submission of a Bank Guarantee shall not apply. The
said body shall bind itself to indemnify the Malta Environment and Planning Authority against
any failure on the part of such body to comply with any of the conditions of the tender.
25. 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 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.
26. Any dispute, controversy or claim arising out of or relating to this contract, or the breach,
termination or invalidity thereof, may be settled by arbitration in accordance with the rules
of the Malta Arbitration Centre as at present in force.

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