Request for Proposals for the Production of a Cultural Event for the ...

CT Notice__CT 80/2005__________CT File No 2150/05______FA File No ____________Request for Proposals for the Production of a Cultural Event for theCommonwealth Heads of Government Meeting – 2005 Opening CeremonyMarch 2005Contracts DepartmentNotre Dame RavelinFloriana, MaltaTel: 21 220212Fax: 21 247681Ambassador Salv StelliniChairman, CHOGM 05 TaskforceMinistry for Foreign AffairsPalazzo ParisioValletta, MaltaTel: 25968 324Fax: 21 246363 / 21 236604

Production of Cultural Event for the CHOGM 2005 Opening Ceremony01. BackgroundMalta will be hosting the next Commonwealth Heads of Government Meeting (CHOGM) that will be held betweenthe 25 th and 27 th November 2005.As the host government, Malta had to select a particular theme to which the attending heads of Government willallot special attention in their discussions. The theme has to be of concern to all the participating countries and beof special concern to developing countries, as are the majority of the Commonwealth member states. No themecould be more appropriate than that of the bridging of the ‘digital divide’, a necessity if such countries are todevelop and prosper and the driver of investment in Information & Communications Technology (ICT). To reflectthis thrust, the theme chosen for the Malta CHOGM – 2005 is 'Networking the Commonwealth for Development'.The opening ceremony, which is to be held in the Republic Hall of the Mediterranean Conference Centre 1 (MCC)in Valletta, will be attended by 53 Heads of Government, for the most part Presidents and Prime Ministers, ofalmost all Commonwealth countries and many other Maltese and foreign dignitaries. A cultural event 2 , orpresentation, lasting around 35 minutes, is to be staged as part of the opening ceremony that is to be held on themorning of Friday 25 th November 2005.The central theme of the cultural presentation will have a number of aims, namely to:ooooopromote Malta (in its widest possible interpretation), be it through its culture, history, human resources,technological competence and any other asset that is closely associated with the Maltese Islands;portray the widest possible array of local art, music, literature, theatre and dance talents;be creative in the use of diverse forms of media, special effects and display techniques to make such apresentation both spectacular as well as a strong marketing vehicle of the Maltese Islands within the limitsof the conditions for staging productions at the MCC (see section 7);be of the highest possible standard;be multi-thematic, rather than focussed on one particular area (e.g.: Malta’s history); ando provide a balance between being a ‘live’ and a ‘filmed’ performance.It is anticipated that the opening ceremony will be given wide media coverage – locally and internationally, butespecially in Commonwealth countries.With this in mind and in order to maximise Malta’s exposure from this event and to draw upon the foreign interestthat will be generated, the Government of Malta is hereby inviting interested parties to submit to the Department ofContracts detailed proposals for the design and production of the cultural event as part of the CHOGM 2005Opening Ceremony.Tenderers must abide with the General Conditions applicable to Government Contracts (Section 8). Should theprovisions of the General Conditions be inconsistent with the provisions of the Conditions within the prior sectionsof the Request for Proposals, the latter shall apply.12More information can be found at: www.mcc.com.mtThe term ‘Cultural Event’ should be given its widest possible interpretation.Page 1

Production of Cultural Event for the CHOGM 2005 Opening Ceremony02. Call for ProposalsThe Ministry for Foreign Affairs invites individuals and / or professional companies that have the necessary provenability to design, organise, produce and provide the necessary infrastructural equipment and support services forthe staging of such a presentation, to submit to the Department of Contracts in line with the criteria and conditionsas further detailed below.Proposals will be received for the production of a presentation in line with the generic aims detailed in section 1above.It is of paramount importance that the programme is designed to attract maximum interest from the dignitariespresent for the CHOGM opening ceremony and the general public, both locally and foreign. A significant mediapresence is anticipated, particularly covering the opening ceremony of the CHOGM from the countries formingpart of the Commonwealth.Prospective respondents are also advised that after the award of the tender, the Chairman of the CHOGM TaskForce will appoint an officer whose duty would be to liaise with the successful respondent/s in the furtherdevelopment of the programme, its content and performance standards. The appointed officer will keep theChairman of the CHOGM Task Force fully informed of developments and the successful respondent/s shall bebound to obey without fail all instructions given by the appointed officer whose word shall be final.Page 2

Production of Cultural Event for the CHOGM 2005 Opening Ceremony03. The Productiona. SettingThe production is to be performed on a specially constructed stage in the Republic Hall at the MediterraneanConference Centre that will be set up in line with those of previous CHOGM Opening Ceremony Cultural Events.The stage will be constructed as shown in the following diagram:Republic HallThe Heads of Government will be seated on the stage with their respective flags and emblems facing the inviteesto the opening ceremony in the Circle and the Balcony. The Cultural Event Stage will be erected between thestage and circle. It is expected that a rostrum for the speakers also be placed where it can be viewed by theHeads of Government and the Invitees. This rostrum may be required to be removed on the termination of thespeeches to make way for the cultural presentation.b. Cultural Event StageThe Cultural Event Stage will be constructed specifically for the event using a tubular steel pipe base frame with awooden floorboard covering. A linoleum dance floor carpet can be made available if required.The cost of construction of the Cultural Event Stage and the speakers’ rostrum will be borne by the CHOGM TaskForce.Respondents are to give details in their proposal of any special requirements for the stage as to flooring, loadingfor participants or any props, etc.Page 3

Production of Cultural Event for the CHOGM 2005 Opening Ceremonyc. DurationThe opening ceremony is expected to last for about an hour. The first 20 – 25 minutes will be taken up byspeeches and the remaining 35 minutes circa will be dedicated to the cultural event.d. BudgetThe Government of Malta has allocated a maximum of Lm 50,000 (Fifty Thousand Maltese Liri) inclusive of VATand all other charges as may be applicable to the production of the cultural event. Should the prospective bidderrequire Additional funds, these have to be obtained through firm corporate sponsorships by the respondentsthemselves and are to form an integral part of this submission.Any such corporate sponsorships should conform to the following norms:ooono advertising material (banners, posters, slides, graphics, printing on costumes, etc.) can be used duringthe presentation;a credit may be printed in the official CHOGM Opening Ceremony Program at the discretion and with theapproval of the Chairman of the CHOGM Task Force; andit is preferred if reference to sponsorship of the CHOGM Opening Ceremony be done in the CorporateSponsor’s own marketing campaigns.e. SubcontractingIn the event that the respondent intends to subcontract any part of the works to other individuals and / orprofessional companies to stage the production, the bid has to be submitted by one respondent that will beresponsible for the whole production and the other individuals and / or professional companies will be consideredto be subcontractors of the respondent. The details of all subcontractors have to be given in the following format:oooooname, address, company registration number (if applicable) and VAT number;nature of participation in the production;resources to be committed to the production;details of experience and previous productions / participation in previous productions; anddeclaration of participation from the subcontractor.The details of each subcontractor are to be submitted on the Subcontractor Information form attached in section 6.Notwithstanding this, the respondent shall retain overall responsibility for staging and producing the entireproduction,f. Other GuidelinesRespondents are advised that in the production of the Cultural Event, conditions for staging productions as laiddown by the Management of the Mediterranean Conference Centre are to be adhered to in toto. These conditionsare listed in Section 7 of this tender document where the respondent is referred to as the eventual lessee.g. EnquiresInterested respondents who wish to seek further information should contact the Chairman of the CHOGM 2005Task Force on 25968 324.Page 4

Production of Cultural Event for the CHOGM 2005 Opening Ceremony04. Financial and Other Considerations04.1 Respondents are to give a detailed analysis of expenses and revenue pertaining to the production of theevent in the format as shown below, keeping in mind the limitation specified in section 03.d.4.1.1 Expenses:Respondents are required to include in their submissions itemised details of the costs they expect toincur for the operation and management of the following areas:i. design and production of the programme;ii.iii.iv.supply, installation / erection and management of infrastructural and audio visual equipment;professional events’ stage management;hire of all professional / technical personnel and artistic performers required to execute theprogrammes;v. engagement fees, retainers paid and any other fees related to foreign artists;vi.vii.viii.ix.payment of any royalties and/or performance rights;dismantling of the set and all related equipment after the production;provision of appropriate insurance cover for all personnel employed in the execution of theprogramme in accordance with their respective tasks and against equipment failure; andany other expenses that they may deem, or may be, necessary for the successful production andexecution of the programme.4.1.2 Revenue:Respondents are required to include in their submissions itemised details of the revenue they expect toreceive from any:oooadvertising fees linked to these activities;corporate sponsorships; andfrom any other sources of revenue accruing to them.4.1.3 Resultant:oAfter deducting the revenue generated from the expenses to be incurred and any otheradjustments that may be necessary, respondents are to indicate the amount claimed from theGovernment for the holding of the event.Page 5

Production of Cultural Event for the CHOGM 2005 Opening Ceremony4.1.4 Presentation:oThe itemised details requested above are to be submitted in a hard copy format duly signed bythe respondent attesting to their accuracy and a soft copy in personal computer readable format.04.2 It is to be understood that none of the above provisions will absolve the successful respondent/s fromobtaining the necessary permits or the payment of any fees due under the Law for the holding andmanagement of any of the above events or concessions.04.3 It is likewise to be understood that the successful respondent/s will be held jointly and severallyresponsible for the actions, behaviour and contractual obligations of their co-partners and subcontractorsand that any claims for omissions or non deliverance by any parties for whom they areresponsible will devolve primarily on them.04.4 The successful respondent would be required to issue an Insurance Policy to cover the events, the venueand facilities used, the equipment used and to cover third parties and employer liabilities for anyaccidents or liabilities occurring during or as a consequence of the performances and activities.04.5 Respondents are to indicate the alternative financial and organisational arrangements they propose tobecome applicable in the event that on the day in question due to unforeseen circumstances the culturalpresentation is postponed or cancelled by the CHOGM Task Force.04.6 Respondents are to give assurances that, should one or more of the artists or supporting staff becomeunavailable solely due to circumstances of force majeure, suitable alternatives will be in place for theperformance. Any changes made to the agreed programme or cast have to be done in agreement withthe CHOGM Task Force.04.7 Progressive payments may be made by the Chairman of the CHOGM Task Force, at his sole discretion,in the months prior to the staging of the event. Such payments depend on the progress made on thepreparations for the events and on the Chairman of the CHOGM Task Force being satisfied that suchpreparations are progressing to their satisfaction. Final payment will be made soon after the completionof the event, pending any dispute or claims that the Chairman of the CHOGM Task Force may haveagainst the successful respondent/s.04.8 The respondent will allow the filming, taping, recording, photographing, etc. of the cultural eventproduced for transmission or broadcast in the local and international media using live coverage, delayedtransmissions and / or distribution, during the event or after, using recorded (print, audio, video, audio /video, photo, digital, analogue, etc) media without claiming copyright, intellectual property rights, royaltiesor any other rights and not expecting any credits to be given. These rights extend not only to theGovernment of Malta and the Chairman of the CHOGM Task Force but also to the CommonwealthSecretariat and any other body authorised by the Chairman of the CHOGM Task Force.04.9 The Republic Hall of the Mediterranean Conference Centre and the cultural event stage will be madeavailable for at least ten (10) days prior to the event for rehearsals and setting up.Page 6

Production of Cultural Event for the CHOGM 2005 Opening Ceremony05. Other Information05.1 Tender Documents and Forms are exclusively available from the offices of the Department of Contracts,Notre Dame Ravelin, Floriana against a payment of Twenty Malta Liri (Lm20.00). Only Tenderssubmitted in accordance with the conditions contained in these documents, a signed copy of whichsignifying acceptance of such conditions is to be submitted with the Tender proposal, shall be accepted.No claims will be entertained for lack of knowledge of this condition.05.2 Interpretation of Correction of Tender Documentsa) Tenderers shall promptly notify the Director of Contracts of any ambiguity in or discrepancy between anyof the Tender documents which they may discover upon examination of the Tender Documents.b) Tenderers requiring clarification or interpretations of the Tender Documents shall make a written requestto reach the Director of Contracts at least sixteen (16) days prior to the date of receipt of Tenders. Anyrequest after this date will not be accepted.c) Any interpretations, corrections or changes to the Tender Documents by the Director of Contracts will bemade by an official addenda. Interpretations, corrections or changes made in any other manner will notbe valid, and Tenderers shall not rely upon such interpretations, corrections and changes.05.3 Addendaa) Addenda will be telefaxed and confirmed by mail to the Tenderers.b) No addenda will be issued later than six (6) days prior to the date of receipt of Tenders or withdrawingthe request for tenders.c) Each Tenderer shall ascertain, prior to submitting his Tender, that he has received all addenda issuedand shall acknowledge their receipt in his Tender.05.4 Arbitration: Any dispute, controversy or claim arising out of or relating to this contract, or the breach,termination or invalidity thereof, shall be settled by arbitration in accordance with the rules of the MaltaArbitration Centre as at present in force. Any reference in the attached General Conditions to otherarbitration procedures shall not apply.05.5 Proposals with full supporting documentation are to include:i. a signed copy of this Call for Proposals with the Tender Form and all other forms contained inSection 6 (originals only, no copies are allowed) of these documents properly filled in;ii. full details of the person signing the Tender Form, including details of the person/s orcompany/ies on whose behalf the Tender is made;iii. full details of other partner companies or organisations and / or sub-contractors proposed to beengaged on the Contract;iv. a full description of the proposed event programme design and management;v. a story board of the event programme;vi. details on how flexibility can be built into the production in the way of having to adjust the timing ofthe event if the need arises and contingencies on the part of the producer;Page 7

Production of Cultural Event for the CHOGM 2005 Opening Ceremonyvii. if the program involves the participation of renowned artists, event management artist or group forthe opening ceremony programme, a written commitment from such an entity or person isrequired to be submitted with the proposal submissions attesting and confirming such an activeparticipation in the event;viii. A full description of previous experience in the organisation, running and management of similarevents supported by statements and attestations;ix. A fully detailed and itemised schedule and description of each and every item and component ofthe proposal, equipment and services to be provided with their relative cost; andx. Any other additional information and documentation (such as plans, designs, drawings,photographs, CD’s, music / choreography scores) which respondents wish to include in thesubmission, are to be listed in a separate, signed statement including a brief description of eachindividual item;The various documents and attachments are to be submitted individually packed and marked on theoutside as per above listed categories and then re-packed as a whole in one unit. These are to bedeposited in the tender box, in a sealed package clearly marked on the outside with the tender numberand with the envelope containing the Bid-Bond, as further indicated below, attached on the outside atthe:Department of ContractsNotre Dame RavelinFloriana CMR 02by the date and time fixed in the Government Gazette for the submission of tenders.Any entries submitted after this date and time will not be accepted nor entertained.05.6 The Chairman of the CHOGM Task Force will evaluate every submission correctly received from aholistic approach and on its own merit, but reserves the right to accept particular part proposals fromdifferent submissions and prospective respondents are expected to accept to work together with otherrespondents to produce the entire event through their joint effort.05.7 The Chairman of the CHOGM Task Force will consider interviewing individual respondents, if it believesthat any further information is required from the respondents, to enable it to properly conclude itsdeliberations and/or arrive at a decision as to the award of contract.05.8 Within fifteen days of the issue of a Letter of Acceptance the successful respondent/s would be requiredto enter into a Service Contract Agreement with the Chairman of the CHOGM Task Force for the properperformance of the Contract. The Contract would require the successful respondent/s to produce aContract Performance Guarantee as part of the obligations against non-performance or default on anypart of the contractual obligations. Such Contract Performance Guarantee is to be made valid as fromseven days after the issue of the Letter of Acceptance up to December 16, 2005.The form of the Contract Performance Guarantee is attached with this Document in section 6 and theamount of the Guarantee shall be set at Fifteen Thousand Maltese Liri (Lm 15,000).05.9 Besides the production of the Contract Performance Guarantee the Contract will stipulate that thesuccessful respondent/s will also be liable to a non-performance penalty of up to Ten Thousand MalteseLiri (Lm 10,000). In this respect and notwithstanding the withdrawal or surrender of the ContractPerformance Guarantee by the Chairman of the CHOGM Task Force the same CHOGM Task Forceshall reserve the right to impose a non-performance penalty of up to Ten Thousand Maltese Liri (Lm10,000) if the successful respondent fails to deliver in whole or in part through the respondent’s or therespondent’s Agent fault the programme as agreed to or does not in the opinion of the Chairman of theCHOGM Task Force reach the required standards of performance.5.10 Each Proposal submission is to be accompanied by a Bid-Bond, in accordance with and in the form asprescribed in Section 6 hereto. The Bid-Bond amounting to two-thousand Malta Liri (Lm2,000), whichmust be made valid for a period of three (3) months from the final closing date set for the submission ofProposals, is to be enclosed in a sealed envelope clearly marked with the words “BID-BOND” and thetender number on the outside.Page 8

Production of Cultural Event for the CHOGM 2005 Opening CeremonyThe envelope referred to in the preceding paragraph is to be visible and firmly fixed on the outside of theProposal submission package. Any submission not accompanied by a valid Bid-Bond will not beaccepted and will be rejected. The Bid-Bond shall be issued by a locally registered Bank and isprimarily intended as a pledge that the proposer will not during the said three (3) month period withdrawor alter the proposal. Secondly, it is intended as a pledge that the successful proposer shall enter into theContract of Service with the Government on the terms stated and accepted and that the proposer willfurnish a Contract Performance Guarantee in accordance with clause 5.8 above. Should any proposerwithdraw, alter or qualify his/her Proposal during the said three (3) month period, or should thesuccessful proposer/s refuse to enter into the said Contract of Service or fail to furnish the said ContractPerformance Guarantee, the amount of the Bid-Bond shall be forfeited to Government as liquidateddamages, not as penalty.The Government shall have the right to retain the Bid-Bond of all proposers until such time as:i. a Letter of Acceptance has been issued;ii. the specified time of three (3) months has elapsed and the proposals received may be withdrawn;andiii. all Proposals received have been rejected.5.11 Government is not obliged to accept the lowest or any other Tender submitted and is not obliged to givereasons for doing so. Government also reserves the right to award the Tender, in whole or in part,exclusively to one respondent or alternatively to more than one respondent. Government, moreover,reserves the right to accept particular components from the different submissions received in order toachieve a particular programme design and delivery and to award the Tender accordingly. In submittingtheir proposals respondents confirm that they accept this condition and accept to work with otherrespondents to produce the entire event through a joint effort as also stipulated at paragraph 5.6 above.5.12 The Government reserves the right not to proceed with entering into a business relationship at theconclusion of this tender / request for proposals process for any reason whatsoever and with no liabilityto the involved and reserves the right not to award the contract to any of the respondents.5.13 Appeal BoardThis tender is being published and awarded subject to the appeals procedure as set forth in the FinancialAdministration and Audit Act (Cap 174), Legal Notice No. 299, Public Contracts Regulations 2003published in the Government Gazette No. 17484 dated 10 th October 2003. A copy of the relevant PartXIII of these regulations is being attached with this tender document.Page 9

Production of Cultural Event for the CHOGM 2005 Opening Ceremony06. Forms and Respondent’s Information(i)(ii)(iii)(iv)(v)(vi)This part of the Tender Document contains theo Proposal Form – Clause 6.1.o Proposal Guarantee Form (Bid-Bond) – Clause 6.2.o Contract Performance Bond Form – Clause 6.3.o Proposer’s Information Statement – Clause 6.4.o Subcontractor Information Form – Clause 6.5.It is essential that the Proposal Form be duly filled in by respondents before submitting their Proposal asthis represents the respondent’s statement of the offer presented and commitment being made.The Proposal Guarantee Form or Bid-Bond is to be submitted through a local bank, as indicated at clause5.10 and is to be enclosed in the sealed opaque envelope as referred to at clause 5.10.The form of Contract Performance Bond is to be left blank, as this is a requirement of the successfulrespondent.The respondent’s Information Statement is to be filled in by the prospective respondent before submittinghis Proposal and is intended to give all relevant details of the respondent, his associates, consultants,contractors and others having an input in the design, organisation and management of the events.Copies of the Subcontractor Information Form (Clause 6.5) are to be made to submit the details of eachsubcontractor on a separate copy of the form.Page 10

Production of Cultural Event for the CHOGM 2005 Opening Ceremony06.1 Proposal Form1. With reference to your advertisement requesting proposals for the design, organisation, management andproduction of a Cultural Event for the Commonwealth Heads of Government Meeting (CHOGM) 2005Opening Ceremony, and in terms of the relative conditions stipulated in the Request for Proposalsdocuments,We, the undersigned ____________________________________________of ____________________________________________________________and on behalf of __________________________________________________________________________________offer to:Design, organise, manage and produce a Cultural Event for the Commonwealth Heads ofGovernment Meeting (CHOGM) 2005 Opening Ceremonytogether with the provision of infrastructural and audio-visual support and other equipment as necessaryin accordance with this Request for Proposals and as further detailed in the documents enclosed in thesealed envelope marked ‘Production of a Cultural Event for the CHOGM 2005 Opening Ceremony’.2. We further bind ourselves to undertake to assume full responsibility for any of the events, equipment andother services to be provided by others as our sub-contractors and bind ourselves to be fully responsiblefor their actions and will indemnify the Chairman of the CHOGM Task Force for such actions.3. We are also attaching herewith all documents as requested in the Call for Proposals together withadditional information and documentation detailing our proposals together with a detailed description ofthe events and works to be carried out as required by these Contract Documents and undertake to spendas the Amount of Investment the sum of_____________________________________________________ Malta Liri,insert amount in wordsLm ___________________________ out of which we require Government toinsert amount in figuresreimburse us the amount of_____________________________________________________ Malta Liri,insert amount in wordsLm ________________________.insert amount in figuresas itemised and as further detailed in the documents enclosed.4. We declare that this Proposal shall not be retracted or withdrawn for a period of three (3) months fromthe date of expiration of the period fixed for the submission of this Proposal inclusively, but shall remainbinding and may be accepted by Government at any time during the said period of three (3) months,even by a verbal communication.Page 11

Production of Cultural Event for the CHOGM 2005 Opening Ceremony5. We declare that we are fully aware of the conditions of the tender and have duly endorsed same,signifying their acceptance.6. We further declare and undertake that we shall attend on the day at the time and place specified to us inwriting by Government for the purpose of formulating and signing a Contractual Agreement with theChairman of the CHOGM Task Force acting on behalf of Government, provided that we are so notified atleast six days before the appointed date. Should we fail to attend as requested or should we, in anymanner, behave so as to preclude the start of negotiations on the day appointed as aforesaid, we shallforfeit the sum specified in the Bid-Bond and it shall be the option of the Government not to proceed withthe negotiations.7. Should our Proposal be accepted, we undertake to provide within seven calendar days, computed fromthe date of issue of the Letter of Acceptance or the date of signing of the Contract, whichever is theearlier, the Contract Performance Guarantee on the prescribed form, being a Bank Guarantee by a MaltaBank and the value of which shall be computed as stated at para 5.8 of the Call for Tenders. The BankGuarantee is to be made valid up to December 16, 2005 as specified.8. Should our Proposal be accepted, we undertake that we shall accept and observe the commitments laidupon us and that the Contract Performance Guarantee herein referred to shall serve as a guarantee forthese commitments.9. We also accept that in the case of default in the commitments or in any obligations laid upon us by theContractual Agreement, the amount of the Contract Performance Guarantee shall be forfeited andGovernment shall claim the full amount or part thereof as applicable.10. We also accept that in the case of default in the commitments or in any obligations laid upon us by theContractual Agreement, or in the event that in the opinion of the Chairman of the CHOGM Task Forcethe programme does not reach the required standards of performance, besides the forfeiture of theContract Performance Guarantee the Chairman of the CHOGM Task Force may claim from us a nonperformancepenalty up to the maximum amount of Ten Thousand Maltese Liri (Lm 10,000), whichamount may be withheld from any monies still due to us by Government under the Contract or elsewithdrawn directly from the Contract Performance Guarantee.11. We understand that Government is not bound to accept the best or any Tender which may be submittedand shall not be obliged to give reasons for doing so. In this case the Government will not be liable forany expenses, express, implied or otherwise, incurred.12. We also understand that Government reserves the right to accept particular part proposals from differentsubmissions and that in such an eventuality we are expected and hereby accept to work together withother respondents to produce the entire event through our and others joint effort.13. We understand that the Tender and all matters arising and relating thereto shall be construed and dealtwith in accordance with the Laws and regulations of the Republic of Malta.14. The successful bidder shall be bound to conform in all respects with VAT legislation and regulations.15. Occupational Health & SafetyThe contractor shall assume full responsibility and accountability regarding the health and safety ofhis/her employees and/or sub-contractors including any third parties involved in the execution of thiscontract.The contractor shall be bound to conform with Act XXVII of 2000 – (Occupational Health and Safety Act,Cap 424) as well as any other national legislation, regulations, standards, and/or codes of practice, ineffect during the execution of the contract, regarding health and safety issues, as they apply for thecontractor’s particular operating situation and nature of work activities.Page 12

Production of Cultural Event for the CHOGM 2005 Opening Ceremony16. SIGNATURE ______________________________________________in the capacity of ______________________________________________and duly authorised to signtenders for and on behalf of ___________________________________________NAME AND SURNAMEADDRESS______________________________________________IN BLOCK CAPITALS________________________________________________________________________________________________________________________________________________________________________________________I.D. NumberAGEDATECOMPANY / ENTITYADDRESS__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________TEL:MOBILE:FAX:EMAIL:REGISTRATION No:____________________________________________________________________________________________________________________________DATE OF REGISTRATION: ____________________VAT REGISTRATION NO:____________________Page 13

Production of Cultural Event for the CHOGM 2005 Opening Ceremony06.2 SpecimenBID BONDWhereas the Director General of Contracts has invited tenders for__________________________________________________________________________________________________________________________________________________and whereas Messrs _______________________________________(Name of tenderer).(Hereinafter referred to as the Tenderer) is submitting such a tender in accordance with suchinvitation,We _____________________________ (Name of Bank), hereby guarantee to pay you onyour first demand in writing maximum of two thousand Malta liri (Lm2,000) in case theTenderer withdraws his tender before the expiry date or in the case the Tenderer fails toprovide the Performance Bond, if called upon to do so in accordance with the Conditions ofContract.This guarantee becomes payable on your first demand and it shall not be incumbent upon usto verify whether such demands is justified.This guarantee expires within three (3) calendar months starting on the closing date oftender, that is it is valid for three (3) months from the closing date of this tender at the closeof business, and unless it is extended by us or returned to us for cancellation before thatdate, any demand made by you for payment must be received at this office in writing not laterthan the above mentioned expiry date.This document should be returned to us for cancellation on utilisation or expiry or in the eventof the guarantee being no longer required.After the expiry date and in the absence of a written demand being received by us beforesuch expiry date, this guarantee shall be null and avoid, whether returned to us forcancellation or not, and our liability hereunder shall terminate.Yours faithfully__________________Bank ManagerDate: _____________Page 14

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Production of Cultural Event for the CHOGM 2005 Opening Ceremony06.3 Contract Performance GuaranteePRODUCTION OF A CULTURAL EVENT FOR THE CHOGM 2005 OPENING CEREMONYTo:The Director of ContractsDepartment of ContractsFlorianaIn connection with the agreement entered into between yourself on behalf of the Malta Government and_________________________________________________________ referred to as the Contractor, as per_________________________________________ of the___________ ________________________, theContractor undertook or will undertake the production of a cultural event for the CHOGM 2005 openingCeremony as referred to in the Contract Documents annexed to the Letter of Acceptance awarded to or to beawarded to him, We hereby guarantee to pay you upon demand, the maximum sum of Fifteen Thousand Malta Liri(Lm15,000) in case the obligations under any of the above-mentioned agreements are not duly carried out by theContractor.It is understood that the sums under this guarantee will become payable on your first demand and it shall not beincumbent upon us to verify whether such demand is justified.For avoidance of doubt, it is hereby declared that although this instrument gives rise to legal relations between theguarantor and Government, it is hereby specifically declared for all intents and purposes of Law, that thisguarantee does not exempt the above-mentioned Contractor from any obligations, acts, performance orundertakings assumed under the Contract documents.Although it is understood that no monies will devolve to the Contractor from Government under the contract abovereferred to it is hereby requested that if any payments due to the Contractor in respect of the obligations enteredinto under the contract above referred to shall accrue they shall be made through this bank.This guarantee expires on the 16 th December 2005 but upon notice being given two weeks in advance by thePermanent Secretary (Ministry for Foreign Affairs) or this Bank, shall each time be renewed under the sameconditions for a period equivalent to the original period. Unless such guarantee has been so extended or if it hasbeen returned to us for cancellation, any demand made by you for payment must be received in writing not laterthan the aforementioned expiry date.This document should be returned to us for cancellation on utilisation or expiry or in the event of the guarantee nolonger being required.____________________________________ (Local Bank) Manager____________________________________ AccountantI accept in their entirety the conditions set out above.____________________________________ ContractorPage 16

Production of Cultural Event for the CHOGM 2005 Opening Ceremony06.4 Respondent’s Information Statement(i)(ii)Respondents are to submit duly filled in, as a prerequisite to the consideration of their Proposal, thefollowing forms constituting the Respondent’s Information Statement which form part of the ProjectDocuments.Respondents are to note that omission of the Respondent’s Information Statement or the submission ofonly part of the information requested or the submission of inaccurate information might result in thedisqualification of their Proposal.ooooooAll questions must be answered.Supplementary pages may be added if required.Additional or inserted pages are to be numbered in a manner that indicates their location relative toexisting page numbers.Respondents are to retain a copy of their submission.If a Joint Venture or Consortium is being proposed, each constituent company / entity has tocomplete a separate copy of the ‘Respondent’ Information Statement’ forms indicating where andwhy the information required is not applicable.All financial data is to be given in Malta Liri (Lm) unless otherwise specified.(iii)(iv)Although the forms are structured in such a way that the information requested can be filled in the blankspaces provided, respondents may opt and find it more convenient to present the information requested insome other form more appropriate to their requirements. In such an instance respondents are advised toreproduce the questions in the exact form as appearing on the attached pages and to keep the samesequence and numbering.It is considered that the design, organisation and management of the opening ceremony cultural eventprogramme requires a high level input from the successful respondent/s and all respondents are requiredto demonstrate and give guarantees that they possess the resources necessary to control the variousprocesses in the development of the design for the event, its co-ordination and management as well astheir ability to coordinate and manage the procurement of the necessary resources from third parties.Page 17

Production of Cultural Event for the CHOGM 2005 Opening Ceremony1. The undersigned certifies under oath the truth and correctness of all statements and of allanswers to questions made hereinafter.Name:Address:Principal Office:o Companyo Partnershipo Individualo Joint Ventureo Consortiumo Other* Indicate whichever is applicable2. For how many years has your company / entity been in operation in the relevant field subject ofthis tender?3. For how many years has your company / entity been operating under its present business name?4. Under what other formal names has your company / entity operated?Page 18

Production of Cultural Event for the CHOGM 2005 Opening Ceremony5. If a Company, supply the following details:i. Date of incorporation:ii.iii.iv.State of Incorporation:Chairman’s name:Managing Director’s name:v. Company Secretary’s name:vi.Company Treasurer’s name:6. If a partnership, supply the following information:i. Date of formation of the partnership:ii.Name and address of all partners (specify whether general or limited partnership):iii.Enclose a copy of the document constituting the partnership.7. If a Consortium or Joint Venture, supply the following information:i. Date of formation of the consortium or joint venture:ii.Country / State of formation of the consortium or joint venture:iii.Names and addresses of all members of the consortium or joint venture:Page 19

Production of Cultural Event for the CHOGM 2005 Opening Ceremonyiv.Name of person or persons authorised to sign contracts in the name of the consortium or jointventure:Page 20

Production of Cultural Event for the CHOGM 2005 Opening Ceremonyv. Name of Senior Partner of each constituent entity.vi.Name of person or persons authorised to fulfil all the Conditions of Contract in the name of theconsortium or joint venture:8. If other than the types of company / entities described above, describe the company / entity andname principals:9. List the status and categories in which your company / entity is legally qualified to do business.Indicate registration and / or licence numbers where applicable:Page 21

Production of Cultural Event for the CHOGM 2005 Opening Ceremony10. List the major events which your company / entity has in progress, giving the name of the Event,name of the Contracting Authority, Value of the Event, scheduled date of the Event and Venue:Page 22

Production of Cultural Event for the CHOGM 2005 Opening Ceremony11. List the major events which your company / entity has organised and managed in the last five (5)years giving the name of the Event, name of Contracting Authority, Value of the Event and Venue:Page 23

Production of Cultural Event for the CHOGM 2005 Opening Ceremony12. List the experience of the Key Individual or Key Individuals within your company / entity in thedesign, running and management of similar events:Page 24

Production of Cultural Event for the CHOGM 2005 Opening Ceremony13. Attach the details of any local firm/s to be engaged in particular, the following:• Name of Firm:• Address:• If a partnership, names of senior partners or Associates:• Number of persons employed by firm specifying in what capacity:• Number of years in operation:• Previous experience and Track record:• Experience in similar Projects:• Other references:Page 25

Production of Cultural Event for the CHOGM 2005 Opening Ceremony14. Details of Foreign Firm/s if (applicable):• Name of Firm:• Address:• Name of any Local Firm representing:• If a partnership, names of senior partners or Associates:• Number of persons employed by firm specifying in what capacity:• Number of years in operation:• Previous experience and Track record:• Experience in similar Projects:• Other references:Page 26

Production of Cultural Event for the CHOGM 2005 Opening Ceremony15. Attach the details of any other Consultant/s, stating in what capacity they are to be engaged, inparticular, the following:• Name of Consultant:• Name of Consultancy firm (if any):• Address:• Capacity engaged:• If a partnership, names of senior partners or Associates:• Number of persons employed by firm specifying in what capacity:• Number of years in operation:• Previous experience and Track record:• Experience in similar Projects:• Other references:Page 27

Production of Cultural Event for the CHOGM 2005 Opening Ceremony16. Dated at ________________this __________________day of _____________________________.Name of company / entity:_______________________________________________________Signed by:_______________________________________________________Name in block letters:_______________________________________________________Title:_______________________________________________________17. Mr. / Mrs. / Ms. _________________________being duly sworn deposes andsays that he / she is the ______________________________________________for ____________________________________________ (Respondent) and that answers to theforgoing questions and all statements therein are true and correct.Subscribed and sworn before me this ____________________________day of____________________________________ at _______________________.Commissioner for Oath: __________________________________Witness: _______________________________________Page 28

Production of Cultural Event for the CHOGM 2005 Opening Ceremony06.5 Subcontractor Information FormName:Address:Principal Office:o Companyo Partnershipo Individualo Joint Ventureo Consortiumo Other* Indicate whichever is applicableCompany Registration Number (if applicable)VAT Number2. Nature of participation in the production:3. Resources to be committed to each production (give a detailed list using additional sheets ifnecessary):Page 29

Production of Cultural Event for the CHOGM 2005 Opening Ceremony4. Details of experience and previous productions / participation in previous productions (givedetails using additional sheets if necessary):6. Declaration:Dated at ________________this __________________day of _____________________________.Name of company / entity:_______________________________________________________Signed by:_______________________________________________________Name in block letters:_______________________________________________________Capacity:_______________________________________________________hereby declare that the details provided above are true and correctand will be participating as a subcontractor of:_______________________________________________________as a respondent to the request for proposals for the production of acultural event for the Commonwealth Heads of Government Meeting 2005as published by the Department of Contracts of the Government of Maltawith reference: in the eventuality that the contract is awarded to the respondent.Page 30

Production of Cultural Event for the CHOGM 2005 Opening Ceremony07. Conditions for Staging Productions at the MCCConditions for staging productions at the Mediterranean Conference CentreSCENERY AND PROPSThe lessee shall construct and paint scenery, properties and stage furniture on his own premises foreventual set-up on the MCC stage. At no point in time shall the construction and / or painting of sceneryand props be allowed to be carried out on stageINSURANCEAny property brought into the Centre, must be insured by lessee against loss or damage of the propertyin question as well as against all damages to MCC property to a minimum amount that is to be defined.The Centre disclaims any liability for damages to third party property, or injury, or death of any third partyas a result of property being brought in by the client. For the purpose of this clause, employees of orunder the control of the Management and the lessee, shall be deemed to be third parties.Lessee shall provide Management with copies of insurance policies covering third party liability and allrisks on signing of this agreement or by latest 15 working days prior to first performance. Such policiesshould keep the Centre safe and harmless from any claims resulting out of the lessee's employees or hiscontractor's actions. Should the policies not be presented, Management reserves the right to place apolicy and charge the lessee accordingly.DAMAGESLessee shall guarantee that no damage is done to any part of the building or to the facilities, which havebeen provided under this agreement. The lessee shall be held responsible for any such damages andshall indemnify management to the extent of any damage caused.RECORDING AND/OR BROADCASTING OF PERFORMANCELessee must ensure that cameras and other equipment shall not block the view of the audience orinterfere in any way with the smooth running of the performance under the instructions and guidance ofmanagement. Permission for recording must be obtained from management prior to the actualperformance.Page 31

Production of Cultural Event for the CHOGM 2005 Opening CeremonyINTERVALSLessee shall inform management whenever intervals shall take place. Public Bars and any other cateringservices during this theatrical production are to be provided by Island Caterers Limited who are theCentre's official caterers.PROMOTION AND ADVERTISINGNo advertising material shall be allowed in the Republic Hall except on stage within the main curtain.STAGE LIGHTING EQUIPMENTLessee shall not be allowed to install any electrical, sound or other equipment or accessories, which maycause damage to the Management's property. Lessee is to instruct the lights contractors employed byhim to contact Management at least 5 days before moving in with any equipment. It is not permissible todismantle any stage lights unless previously authorised in writing by Management. Minimum additionallights may be installed on separate booms if space and load permit with prior approval fromManagement. The lights contractor shall provide Management with a lighting installation plan showing allequipment brought in duly signed and certified as safe by a qualified electrical engineer before moving inwith the said equipment.P.A. SYSTEMLessee shall provide a public address system and sound engineer at his own expense. Row ‘K’ in thestalls area shall be used for sound mixers and P. A. system. The lessee is to provide adequate stands forany speaker cabinets; however such equipment shall not block any entrance or exit to the hall.SMOKINGThe whole Centre is a smoking free zone as per legal notice no. 244 of 2003. Besides the healthimplications in this legal notice, the safety aspects in sensitive areas such as the auditorium, stage,dressing rooms and backstage areas must also be enforced. The lessee is to ensure that persons underhis responsibility refrain from smoking in any area of the building. In default, a penalty of Lm 10 for everyinfringement shall be levied to and paid by the lessee. Members of the public smoking in the auditoriumor any other prohibited area will be ushered out of the Centre by MCC officials.FIREUnder no circumstances shall fire, open or enclosed, be permitted on stage and back stage. Lessee shallbe entirely responsible for all damages, which may be caused by such fire. An insurance policyindemnifying Management against fire risk shall be required from lessee in the event that agreement isreached between both parties that fire is an integral part of the performance.Page 32

Production of Cultural Event for the CHOGM 2005 Opening CeremonySAFETY PASSAGESAll safety passages, and especially backstage leading to the stage door must be kept clear of allfurniture, props etc. No follow spots are allowed in the balcony and especially in the passageways.Lessee must ensure that these safety precautions are adhered to, and to take into account all thelimitations of the stage, stage equipment and available dressing room space.RESTRICTIONS OF USE BY FIRE AUTHORITIESAs a safety precaution prescribed by the fire authorities, lessee hereby undertakes, under penalty of Lm1,000 in case of default, to contain the production sets, rostrum, scenery, tabs, etc. within the boundariesof the stage of the hall and under no circumstances would it be permissible to extend such sets etc.beyond the safety curtain line, in its descended position. Furthermore, nothing shall be constructed, orbuilt on stage, which impedes in any way the smooth operation of the safety curtain.FIRE ALARMUnder no circumstance, shall it be authorised to use the Republic Hall without the appropriate fire alarmsystem cover. In the event that the fire alarm system is triggered off due to the excessive use of smokemachines or any other stage tool, any expenses in connection with the re-activation of the system will beborne by the Lessee.STAGE HANDSWhenever stage hands are required lessee shall make a request in writing to Management at least threedays in advance, giving dates, time schedule and number of staff required.SUBLETTINGLessee is precluded from subletting whether in whole or in part, any facilities and services forming part ofthis agreement.CLOSING HOURSThe premises shall be vacated within one hour after the end of the rehearsal and/or performance.Page 33

Production of Cultural Event for the CHOGM 2005 Opening CeremonyMOVING IN AND REMOVAL OF EQUIPMENTThe moving in and moving out of scenery, stage properties etc. shall be carried out by arrangement withthe Management. Lessee must move out on the dismantling day/s indicated by the Management. A fineof Lm 100 per day shall be charged for stage property left in the hall beyond the agreed period. Items offurniture or stage property unclaimed after one month from the date of the last performance shallautomatically become the property of Management.SECURITY ARRANGEMENTS I IDENTIFICATION TAGSLessee shall provide Management with a list of all persons involved in the production by not later than 3days before the first preparation day. Management shall provide lessee with the requested number ofidentification tags. Persons without the MCC's identification tags shall not be permitted on the premises.Identification tags should be visibly worn at all times on the premises. All identification tags must bereturned tale quale after the last performance. Any missing or broken tags shall be charged to the lesseeat Lm 0.50 per tag. Management binds itself to provide the names relating to these missing or brokentags.Authorised officials of the Mediterranean Conference Centre shall have the right of search upon allmembers of the cast including back stage staff and other personnel. These officials may examine at anytime, any equipment brought into the Centre for use by the lessee.PERFORMING RIGHTS & CENSORSHIP BOARD APPROVALLessee shall be responsible, whenever applicable, to abide by the copyright legislation under the laws ofMalta. Copies of the Copyright permits are to be provided to Management. Lessee shall also beresponsible to obtain the necessary permits from the Film and Stage Censorship Board and shall forwardsuch permits to Management. A copy of the permit is to be made available in the entrance of the theatre.INTERPRETATION OF CONTRACTThe laws of Malta shall govern this agreement.Page 34

Production of Cultural Event for the CHOGM 2005 Opening Ceremony08. Government General Conditions of Contract08.1 Government General Conditions of Contract for the Supply of Materials and Other Articles01. In these conditions and in any specifications or special conditions annexed hereto:(a)(b)(c)(d)(e)(f)(g)the word "Government" shall mean the Government of Malta;the word "Inspector" shall mean the engineer or other person or persons appointed by Governmentto inspect the work when the Government decides to have inspection;the words "Head of Department" shall mean the Head of the Government Department in Malta - bywhom or on whose behalf the tender is being issued;the word "Accountant General" shall mean the "Accountant General and Director of Contracts” inMalta;the word "contractor" shall mean any person or persons whose tender for the work referred to shallbe accepted by the Government;the word "work" shall mean articles of every description and materials of every kind in every stageof their preparation; andthe word "Malta" shall have the meaning assigned to it by Section 126 of the Constitution.02. Local tenderers, including the accredited local agents of overseas firms, are required to quote pricescovering the total cost delivered to store/site inclusive of Customs Duty. Overseas tenderers who have nolocal agent are required to quote CIF prices on liner terms. All local and overseas tendered, including theaccredited agents of overseas firms, shall have the option of quoting either in Maltese currency or Euroand U.S. Dollars. Quotations in other currencies may be considered.03. The contractor shall indemnify the Government against all claims at any time on account of patent rights ofroyalties, whether for manufacture or for use in Malta. In the event of any claims being made against theGovernment in respect of which the contractor is liable under this condition, the contractor shall be notifiedthereof and may at his own expense conduct any litigation that may arise therefrom, or any negotiations forsettlement.04. The Government shall have the power to require reasonable alterations in the work or any of its details;and, if such alterations do not invoke extra expense, no payment shall be made in respect of them.05. The contractor shall not receive payment beyond the contract sum for any work which he may consider thatpayment should be made as an extra, unless such work shall have been ordered as extra work, or unlessthe contractor, before commencing such work, shall have claimed in writing that it should he paid for as anextra, and the Inspector or the Head of Department shall have certified in writing that the claim isreasonable and proper.06. The Head of Department shall have power to order reasonable additions to, or deductions from, the work,measurements, quantities, or weights specified, and such additions or deductions shall be allowed for atthe contract rates. Such variations shall be sent in the form of written orders to the contractor.07. In the event of additions being made, the Government may, if it thinks it necessary, extend the time fordelivery for such period, as it may consider reasonable and proper. The contractor shall be informed inwriting of any such extension.Page 35

Production of Cultural Event for the CHOGM 2005 Opening Ceremony08. Should there be any discrepancy between the contract drawings and the specifications, or anyinconsistency or omission in either of them, reference must be made to the Inspector or the Head ofDepartment for an explanation and the contractor will be held responsible for any errors that may occur inthe work through neglect of this precaution.09. The contractor shall deliver the whole of the work, complete in all its parts and furnished with everynecessary detail and fitting, notwithstanding any omission or inconsistency in the contract drawings andspecification.10. Before proceeding to execute any work, the contractor shall obtain the Inspector's or the Head ofDepartment’s approval of the manner in which the contractor proposes to execute each portion of the work,and shall furnish such drawings or information as the inspector or the Head of Department shall require.11. The contractor shall take all risks of accident or damage to the work, from whatever cause arising and shallbe responsible for the sufficiency of all means used by him for the fulfilment of the contract, and shall notbe relieved from such responsibility by any approval which may have been given by the Inspector or theHead of Department.12. The materials and fittings of every kind used are to be free from defects and, unless otherwise specified,are to be of the best description of their respective kinds. The workmanship is to be of first class character,and the degree of finish such as the Inspector or the Head of Department shall require.13. The Inspector or the Head of Department may adopt any means he may think fit to satisfy himself that thematerials specified are actually used, and he shall have power throughout the contract, either personally orby deputy, to inspect, without giving previous notice, the entire work, or any part thereof at every stage ofprogress and wherever the work, or any part thereof, may be in progress, to amend or alter anything hemay think fit and to reject any parts of the work of which he may disapprove.14. Should the contractor anticipate at any time during the execution of the contract that he will be unable todeliver the work within the contract time, he must at once give notice accordingly, in writing, to the Head ofDepartment explaining the cause of the delay.15. The contract time for delivery shall be the period or periods named in the letter of acceptance of tender,and shall be reckoned from the date of the receipt of the said letter.16. Any drawings, tracings or descriptions specified must be furnished by the contractor with the firstconsignment of the work to which they refer, and payment will not be made by the Accountant General untilsuch drawings, tracings, or descriptions have been furnished to the satisfaction of the Inspector or theHead of Department.17. It shall not be lawful for the contractor to transfer or assign the contract, directly or indirectly, or any part,share or interest in it or any amount due by the Government therefor, to any person or personswhomsoever, or to sublet the contract or any part of it, or to allow any portion of the work to be doneotherwise than in his own establishment, without the written consent of the Government.18. Should there be any discrepancy between the General Conditions and any special conditions orspecifications of any contract, the special conditions or specifications shall be followed in preference to theGeneral Conditions.19. Payment will be made by the Treasury in accordance with the terms of the Bond (Bank Guarantee)referred to at Clause 31, and within a reasonable time after delivery in Malta to the satisfaction of the Headof Department. Payment will be subject to any deductions to which the contractor may have become liableunder this contract.20. The work shall be delivered to store or site of works, at Malta, all charges paid, including customs importduty and insurance. The contractor shall be responsible for all damages or loss in transit from thecontractor's works to the store or site of works at Malta and shall replace free of cost, all materials that maybe broken, damaged or lost in transit as aforesaid.(a) Delivery to site or store shall not apply in the case of overseas tenderers referred to in condition (2)above.(b)Customs import Duty shall NOT be refunded.Page 36

Production of Cultural Event for the CHOGM 2005 Opening Ceremony21. Failure to deliver within the contract time shall, in addition to any other liabilities incurred by the contractorunder this contract, render the contractor liable by way of penalty to a deduction from the contract sum of 1per cent per week on the value of any work which may be in arrear, unless the Head of Department is ofopinion that such delay has arisen from causes which were unavoidable and could not be foreseen orovercome by the contractor, in which case the Government shall decide the extent, if any, to whichdeduction shall be remitted. Delays in the supply of materials to the contractor will not be admitted as aground for the remission of deductions, except in so far as they may have arisen from strikes or othercauses which could not be foreseen or overcome by the manufacturers or vendors of such materials.Provided that in the latter event, and unless the contractor within six (6) weeks from the due date ofdelivery, resumes supplies as provided for in these conditions, Government without prejudice to its rightsunder conditions 22 and 23 hereof, shall be entitled to hold the contractor responsible for damagesincurred by Government as a result of the delays referred to in this condition.22. Should the contractor fail to effect delivery in whole or in part within one month from the expiration of theperiod stipulated in the contract without the previous permission of the Accountant General the contractshall be deemed to have been abandoned in which case the contractor shall be liable to pay a penalty of10% of the value of the undelivered goods calculated on the basis of the contract sum in addition to anycompensation which may be due for damages.23. Late delivery or failure to effect delivery shall at any time entitle the Government to dissolve 'ipso jure' thecontract and, in case of such dissolution, the liquidated damages which shall never exceed the full value ofthe contract shall be computed up to the date of the communication to the contractor of the Government’sdecision to terminate the contract.24. Besides the penalties for delay envisaged in these conditions and without prejudice to all his liabilitiesarising out of the contract, the contractor shall also become liable to a penalty if the rate of progress of thework throughout the contract period is not satisfactory. The contractor shall be considered to be in defaultit he fails to carry our every month at least 70% of the estimated monthly average progress. For thepurpose of assessing such average progress the value of the contract shall be divided by the number ofmonths stipulated in the contract period. Within each month the contractor should complete works whosevalue is equivalent to the average progress obtained as above. Hence in the case of contracts having acompletion period of 6 or more months, no penalty shall be imposed in respect of the first month from thedate of allocation of the contract. Should the contractor’s progress fall below the minimum percentageprogress, he will become liable to a penalty equivalent to 2% of the value of the contract in respect of everymonth during which progress is below standard. If the contractor completes the whole contract within thestipulated period, the Government may consider the refund of any penalties the contractor may haveincurred for slow monthly progress.25. It shall be lawful for the Head of Department to reject without the necessity of prior legal proceedings anyconsignment or part thereof, which in his opinion does not possess the qualities required under thecontract and to obtain it elsewhere, at any price, and on contractor’s account, should the latter fail toreplace the articles rejected within the time allowed for the purpose by the Head of Department.26. The name and address of the manufacturer and the country where the goods will be manufactured shall befurnished. Failure to give this information may involve non-consideration of the tender. Full specificationsof the product offered shall be submitted.27. Without prejudice to the government right to dissolve ‘ipso jure’ the contract in the case of infringement ofan condition thereunder and apart from the deduction established for delay in delivery, any suchinfringement shall render the contractor, in each case, liable to a deduction by way of damages of 5 percent of the value of contract or the sum of LM10, whichever is the greater, unless the Government elects,with regard to each particular infringement, but not necessarily with regard to all infringements, to claimactual damages incurred.28. The Government is not bound to accept the lower or any tender and shall not give reasons for theacceptance or rejection of a particular tender.29. The Government reserves the right of accepting any tender wholly or in part, or of dividing the contractamong two or more tenderers.30. The award of the contract does not exonerate the contractor from the obligation of obtaining any otherpermit and/or licence that may be required under any law, principal or subsidiary, in force in Malta fromtime to time.Page 37

Production of Cultural Event for the CHOGM 2005 Opening Ceremony31. The contractor shall within 7 days in the case of a local contractor, (15 days in the case of an overseascontractor) – such periods to commence from the date of the Letter of Acceptance – furnish the BankGuarantee by a local Bank referred to in the form of tender amounting to 10% or 15% according to thevalue of the contract.32. This contract shall be, and be deemed to be a Maltese contract and shall be governed by and construedaccording to the Laws of the time being in force in Malta. Notwithstanding any other agreement orcondition to the contrary, in case of any disagreement or claims, the Maltese Courts shall have exclusivejurisdiction to hear and decide on the merits of the matter in dispute.33. Notwithstanding anything contained herein or in the notice for tender or in the form of tender, if a tendererhappens to be a statutory body having a distinct legal personality and if a contract is awarded to such abody, a Bank Guarantee will not be required and the provisions of all clauses relating to the submission ofa Bank Guarantee shall not apply but the said body shall bind itself to indemnify the Government againstany failure on the part of such body to comply with any of the conditions of the tender.Page 38

Production of Cultural Event for the CHOGM 2005 Opening Ceremony08.2 General Conditions Governing the Employment of Labour in Connection with GovernmentContracts01. The following conditions shall apply to all contracts entered into by the Maltese Government, the executionof which involves the employment of workers by the other party to the contract and expenditure of publicfunds of an amount exceeding Lm 500 being contracts for: -(a)(b)(c)the construction, alteration, repair or demolition of public works;the manufacture, assembly, handling or shipment of materials, supplies or equipment; orthe performance or supply of services.02. The wages, hours of work and other conditions of labour of workers employed by a Contractor shall be notless favourable than those established for work of the same character: -(a)(b)(c)by national laws and regulations as modified by collective agreement or other recognised machineryof negotiation between employers and workers representatives respectively of substantialproportions of employers and workers in the trade or industry concerned or by voluntary settlementor arbitration award under the Conciliation and Arbitration Act affecting such employers andworkers; orfailing such modifications described in (a) by laws and regulations as modified by the general levelobserved by the employers in the trade or industry in which the Contractor is engaged; orfailing the applicability of (a) and (b), then by collective agreements, voluntary settlement orarbitration award, or by the general level in the trade or industry.03. On the tendering for Government contracts, the contractor shall certify that to the best of his knowledgeand belief the wages, hours of work and conditions of labour of workers employed by him in the trade orindustry in which he is offering himself as a contractor are fair and reasonable having regard to theprovisions of condition 12.2 above.04. Any difference or dispute arising as to what wages ought to be paid, or what hours or other workingconditions ought to be observed in accordance with the requirements of condition 12.2 shall, if nototherwise disposed of, be referred to the Malta Arbitration Tribunal for settlement by it.05. The Contractor shall keep proper wages books and time sheets showing the wages paid to and the timeworked by the workers in and about the execution of the contract, and he shall be bound, wheneverrequired, to produce such wages books and time sheets for the inspection of any person authorised by theHead of Department concerned or by the Head of the Department of Emigration Labour and SocialWelfare.06. The Contractor shall also when required to do so furnish to the Department concerned or to theDepartment of Emigration, Labour and Social Welfare such further detailed information and evidence asthe Head of the Department may deem necessary in order to be satisfied that these conditions have beencomplied with.07. 1. A Contractor shall not be entitled to payments of any money which would otherwise be payable underthe terms of the contract in respect of the work and labour performed in the execution of the contractunless and until he shall have filed a statement, certified by him to be correct, showing:(i)(ii)(iii)the rates of wages and hours of labour of the various classes of workmen employed in theexecution of the contract,whether any wages in respect of the said work and labour remain in arrears; andthat all the labour conditions of the contract have been complied with.Page 39

Production of Cultural Event for the CHOGM 2005 Opening Ceremony2. Where the works carried out by the Contractor extend over a period of six months or more, theContractor shall file such a statement every six months, even where he shall be entitled to payment onlywhen the works have been completed.08. If any worker employed in the execution of the contract files a claim in the Department of Emigration,Labour and Social Welfare that any payment in respect of wages due to him has not been made, theDirector of Emigration, Labour and Social Welfare may, if the claim is proved to his satisfaction and if theContractor fails to pay, arrange for the payment of such claim out of the monies at any time payable to theContractor under the said contract and the amount so paid shall be deemed a payment under the contract.09. Any Contractor who contravenes these conditions shall not be allowed to tender for Government contractsfor such period as the Government may determine.10. Contractors shall recognise the freedom of their workers to be members of registered trade unions.11. It shall not be lawful for the Contractor to transfer or assign the contract, directly or indirectly, or any part,share or interest in it or any amount due by the Government, therefor, to any person or personswhomsoever, without the written consent of the Government.12. The Contractor shall be held responsible for compliance with these conditions by sub-contractors, or byassignees of contracts on whose behalf application is made by the Contractor in terms of the precedingparagraph of these conditions. The limit of Lm 500 shall not apply to sub-contractors and assignees ofcontracts.13. These conditions shall not apply to employees of Contractors occupying positions of management, or of atechnical, professional or of scientific character who do not ordinarily perform manual work.Page 40

Production of Cultural Event for the CHOGM 2005 Opening Ceremony08.3 General Conditions of Contract for the Execution of Works in Malta01. In these conditions and in any specifications or special conditions annexed hereto:(a)(b)(c)(d)(e)(f)(g)(h)the word ‘Government’ shall mean the Government of Malta;the word ‘Inspector’ shall mean the engineer or other person or persons appointed by Governmentto inspect the work when the Government decides to have inspection;the words ‘Head of Department’ shall mean the Head of Government Department in Malta – bywhom or on whose behalf the tender is being issued – and shall include any officer in thatDepartment duly authorised by him;the word ‘Accountant General’ shall mean the ‘Accountant General and Director of Contracts’ inMalta;the word ‘Contractor’ shall mean any person or persons whose tender for the work referred to shallbe accepted by the Government;the word ‘work’ shall also include articles of every description and materials of every kind in everystage of their preparation – to be supplied under the contract for the execution of the contractworks;the word ‘Malta’ shall have the meaning assigned to it by section 126 of the constitution; andthe word ‘variation’ shall mean any increase or decrease in the quantity of works or any extra workrequired for the completion of the contract.02. The Contractor shall indemnify the Government against all claims at any time on account of patent rights orroyalties, whether for manufacture or for use in Malta. In the event of any claims being made against theGovernment in respect of which the Contractor is liable under this condition, the Contractor shall be notifiedthereof and may at his own expense conduct any litigation that may arise therefrom, or any negotiations forsettlement.03. The Government shall have the power to require reasonable alterations in the work or any of its details;and, if such alterations do not involve extra expense, no payment shall be made in respect of them.04. The Contractor shall not receive payment beyond the contract sum for any work which he may considerthat payment should be made as an extra, unless such work shall have been ordered as extra work, orunless the Contractor, before commencing such work, shall have claimed in writing that it should be paidfor as an extra, and the Inspector or the Head of Department shall have certified in writing the claim isreasonable and proper.05. (i) Subject to what it stated at para 3 above, the Head of Department shall make variations in the form,quality or quantity of the works or any part thereof that may in his opinion be necessary, and for thatpurpose or if for any other reason it shall in his opinion be desirable, shall have power to order theContractor to do, and the Contractor shall do any of the following:(a)(b)(c)(d)(e)increase or decrease the quantity of any work included in the contract;omit any such work;change the character or quality or kind of any such work;change the levels, lines, position and dimensions of any such work; andexecute additional or extra work of any kind necessary for the completion of the works.Page 41

Production of Cultural Event for the CHOGM 2005 Opening Ceremonyand no such variation shall in any way vitiate or invalidate the contract but the value (if any) of allsuch variations shall be taken into account in ascertaining the final amount of the contract sum.Provided however that no such increase, decrease, alteration or omission made under this clause shall besuch as to augment or diminish the entity of the contract by more than 20%.(ii) No such variation shall be made by the Contractor without an order in writing of the Head of Department.Provided that no order in writing shall be required for increase or decrease in the quantity of any workwhere such increase or decrease is not the result of an order given under this clause but is the result ofquantities exceeding or being less than those stated in the Bill of Quantities. Provided also that if for anyreason the Head of Department shall consider it desirable to give any such order verbally, the Contractorshall comply with such order and any confirmation in writing of such verbal order given by the Head ofDepartment whether before or after the carrying out of the works, shall be deemed to be an order inwriting within the meaning of this clause. Provided further that if the Contractor shall confirm in writing tothe Head of Department any verbal order, and such confirmation shall not be contradicted in writing bythe Head of Department, it shall be deemed to be an order in writing by the Head of Department.06. The Government shall determine the amount (if any) which should be added to or deducted from the sumnamed in the Tender in respect of any extra or additional work done or omitted by its order. All such workshall be valued at the rates set out in the contract if the same rates shall be applicable. If the contract shallnot contain any rates applicable to the extra or additional works, then suitable prices shall be agreed uponbetween the Government and the Contractor. In the event of disagreement, the Government shall fix suchprices as shall in its opinion be fair and reasonable.Provided that no such increase of the contract sum shall be made unless as soon as after the date of theorder as is practicable, and in the case of extra or additional work before the commencement of the work oras soon thereafter as is practicable, notice shall have been given in writing.(i)(ii)by the Contractor to the Head of Department of his intention to claim extra payment, orby the Head of Department to the Contractor of Government’s intention to fix a rate or price as thecase may be.07. In the event of additions being made, or for any other valid reason, the Government may, if it thinks itnecessary, extend the time for delivery or completion for such period as it may consider reasonable orproper. The Contractor shall be informed in writing of any such extension.08. Should there be any discrepancy between the contract drawings and the specifications, or anyinconsistency or omission in either of them, reference must be made to the Inspector or the Head ofDepartment for an explanation and the Contractor will be held responsible for any errors that may occur inthe work through neglect of this precaution.09. The Contractor shall deliver the whole of the work, complete in all its parts and furnished with everynecessary detail and fitting, notwithstanding any omission or inconsistency in the contract drawings andspecification.10. Before proceeding to execute any work, the Contractor shall obtain the Inspector’s or the Head orDepartment’s approval of the manner in which the Contractor proposes to execute each portion of thework, and shall furnish such drawings or information as the Inspector or the Head of Department shallrequire.11. The Contractor shall take all risks of accident or damage to the work, from whatever cause arising, andshall be responsible for the sufficiency of all means used by him for the fulfilment of the contract, and shallnot be relieved from such responsibility by any approval which may have been given by the Inspector orthe Head of Department.12. The materials and fittings of every kind used are to be free from defects and, unless otherwise specified,are to be of the best description of their respective kinds. The workmanship is to be of first class character,and the degree of finish such as the Inspector or the Head of Department shall require.13. The Inspector or the Head of Department may adopt any means he may think fit to satisfy himself that thematerials specified are actually used, and he shall have power throughout the contract, either personally orby deputy, to inspect without giving previous notice, the entire work or any part thereof at every stage ofPage 42

Production of Cultural Event for the CHOGM 2005 Opening Ceremonyprogress and whenever the work, or any part thereof, may be in progress, he shall also have power subjectto clauses 3, 4 and 5 above, to amend or alter anything he may think fit and to reject any parts of the workof which he may disapprove.14. Should the Contractor anticipate at any time during the execution of the contract that he will be unable todeliver the work within the contract time, he must at once give notice accordingly, in writing, to the Head ofDepartment explaining the cause of the delay.15. The contract time for delivery shall be the period or periods named in the Letter of Acceptance of tenderand shall be reckoned from the date of the receipt of the said letter or from the date of the order to startwork whichever may be applicable.Provided that any written order to start work shall be issued not later than six (6) weeks from the date ofLetter of Acceptance.16. Any drawings, tracings, descriptions or other literature specified must be furnished by the Contractor withthe first consignment of the work to which they refer, and payment will not be made by the AccountantGeneral until such drawings, tracings, descriptions or other literature have been furnished to thesatisfaction of the Inspector or the Head of Department.17. It shall not be lawful for the Contractor to transfer or assign the contract, directly or indirectly, or any part,share or interest in it or any amount due by the Government therefor, to any person or personswhomsoever, or to sublet the contract or any part of it, or to allow any portion of the work to be doneotherwise than in his own establishment, without the written consent of the Government.18. When any materials to be supplied by the Contractor for the execution of the contract work require to beweighed, the weighing shall be done by a public weigher attached to the Customs Department at theContractor’s expense and at such place or places as shall be fixed by the Head of Department.19. Should there be any discrepancy between the General Conditions and any special conditions orspecifications of any contract, the special conditions or specifications shall be followed in preference to theGeneral Conditions.20. Payment will be made by the Treasury in accordance with the terms of the Bond (Bank Guarantee)referred to at clause 32, within a reasonable time after due completion of the works to the satisfaction ofthe Head of Department. Payment will be subject to any deductions to which the Contractor may havebecome liable under this contract.21. If the work is not completed and delivered within the time specified in the contract, the Contractor shall beliable to a penalty of Lm250 per diem up to the day on which the work is delivered. Provided that theGovernment may remit such penalty, wholly or in part, if it is satisfied that the delay could not have beenavoided. Delays in the supply of materials to the Contractor will not be admitted as a ground for remissionor deduction of penalty, except in so far as they may have arisen from strikes or other causes which couldnot be foreseen or overcome by the manufacturers, suppliers or vendors of such materials.Provided that in the latter event unless the Contractor within six (6) weeks from the due date of delivery ofthe materials to site, resumes supplies of such materials as provided for in these conditions, Governmentwithout prejudice to its rights under clause 21, 23 and 24 hereof, shall be entitled to hold the Contractorresponsible for damages incurred by Government as a result of the delays referred to in these conditions.22. In the event of any difference of opinion between the Head of Department and the Contractor, the disputeshall be referred to a committee composed of the unofficial members of the Contracts Committee, whosedecision shall be final and binding. Provided also that such members of this committee shall in no way,directly or indirectly, have any interest in the contract in question.23. (a) Should the Contractor from any cause whatever, become unable or fail to carry on the contract withefficiency; or should he not progress with the work in the manner intended by the contract, or not have thework ready for delivery in conformity with the terms of the contract; or should his preparations forcommencement and his subsequent rate of progress be so slow, from any cause whatever, that, in theopinion of the Head of Department he will be unable to complete and deliver the work by expiration of thespecified period; or should he refuse or neglect, to comply with the directions given him by the Head ofDepartment or in any other respect act contrary to the terms of the contract, then the Government shallhave the power to declare the contract at an end, and the Contractor shall only be paid for such portion ofPage 43

Production of Cultural Event for the CHOGM 2005 Opening Ceremonythe work as shall have been actually delivered at the date of such declaration of any sum leviable underthe conditions of the contract. When the work is tendered for in a lump sum, the portion of the work thatshall have been actually delivered at the date of such declaration will be valued by the Head of Departmentwhich valuation after being approved by the Government, and subject to any deduction leviable under theconditions of the contract, shall be final.(b) The Contractor shall, in addition, be liable to pay the Government, or the Government shall be entitledto further deduct the value of any expense, loss or damage (including any difference between the contractprice of the work to be done, under the contract. Or of such portion thereof as may not have beendelivered at the date of such declaration as aforesaid, and the price which the Government may have topay for similar work provided in lieu of such portion as may not have been so delivered) which theGovernment may be put to or sustain by reason of, or in connection with the Contractor’s breach ofcontract.24. Should the Contractor abandon the work he will forfeit the Bond (Bank Guarantee). If there is a hypothecas stipulated in clause 33 in the name of the Contractor the amount of the hypothec shall however bereduced to one-fourth of the total value of contract. The work may be considered to have been abandonedif the Contractor fails to commence it within 3 working days from the date of the acceptance of tender orfrom the order to start work or if he stops work for 3 consecutive working days without previously obtainingpermission from the Head of Department.25. Besides the penalties for delay envisaged in these conditions and without prejudice to all his other liabilitiesarising out of the contract, the Contractor shall also become liable to a penalty if the rate of progress of thework throughout the contract period is not satisfactory. The Contractor shall be considered to be in defaultif he fails to carry out every month at least 70% of the estimated average progress. For the purpose ofassessing such average progress the value of the contract shall be divided by the number of monthsstipulated in the contract period. Within each month the Contractor should complete works whose value isequivalent to the average progress obtained as above. Hence in the case of contracts having a completionperiod of 6 or more months, no penalty shall be imposed for the first month from the date of allocation ofthe contract. Should the Contractor’s progress fall below the minimum percentage progress, he willbecome liable to a penalty equivalent to 2% of the value of the contract in respect of every month duringwhich progress is below standard. If the Contractor completes the whole contract within the stipulatedperiod, the Government may consider the refund of any penalties the Contractor may have incurred forslow monthly progress.26. The Contractor shall surround any excavations which may be made in public thoroughfare in connectionwith this contract, with such protection and shall light the same at night in such a manner and with suchlamps, as the Head of Department shall direct. The Contractor shall further fulfil all the obligationsimposed by Art. 19 of the Police Laws.27. It shall be lawful for the Head of Department to reject without the necessity of prior legal proceedings anyconsignment or work or part thereof, which in his opinion does not possess the qualities or does notconform to the standard required under the contract and to obtain it elsewhere, or have it replaced at anyprice, and on Contractor’s account, should the latter fail to replace the articles or the work rejected withinthe time allowed for the purpose by the Head of Department.28. Within prejudice to the Government’s right to dissolve ‘ipso jure’ the contract in the case of infringement ofany condition thereunder and apart from the deduction established for delay in delivery, any suchinfringement shall render the Contractor, in each case, liable to a deduction by way of damages of 5 percent of the value of contract or the sum of Lm 10, whichever is the greater unless the Government elects,with regard to each particular infringement, but not necessarily with regard to all infringements, to claimactual damages incurred.29. The Government is not bound to accept the lowest or any tender and shall not give reasons for theacceptance or rejection of a particular tender.30. The Government reserves the right of accepting any tender wholly or in part, or of dividing the contractamong two or more tenderers.31. The award of the contract does not exonerate the Contractor from the obligation of obtaining any otherpermit and/or licence that may be required under any law, principal or subsidiary, in force in Malta fromtime to time.Page 44

Production of Cultural Event for the CHOGM 2005 Opening Ceremony32. The Contractor shall within seven days in the case of a local Contractor, (fifteen days in the case of anoverseas Contractor) – such periods to commence from the date of the Letter of Acceptance – furnish theBond (Bank Guarantee) by a local Bank referred to in the form of tender amounting to 10% or 15%according to the value of the contract.33. Where contracts for construction works only are involved, the Contractor shall, in addition to the Bond(Bank Guarantee) referred to at clause 32, be required to hypothecate all his property in general for notless than one half (50%) of the value of the contract, subject to the Government being satisfied that theContractor enjoys a legal title over property of a corresponding amount.34. Notwithstanding anything contained herein or in the notice for tender or in the form of tender, if a tendererhappens to be a statutory body having a distinct legal personality and if a contract is awarded to such tosuch a body, a Bank Guarantee will not be required and the provisions of all clauses relating to thesubmission of a Bank Guarantee shall not apply but the said body shall bind itself to indemnify theGovernment against any failure on the part of such body to comply with any of the conditions of the tender.This contract shall be, and be deemed to be a Maltese contract and shall be governed by and construedaccording to the laws for the time being in force in Malta. Notwithstanding any other disagreement or claims, theMaltese Courts shall have exclusive jurisdiction to hear and decide on the merits of the matter in dispute.Page 45