SPECIFICATIONS AND SPECIAL CONDITIONS FOR THE ANALYTICAL TESTING OF WATER SAMPLES

Transcription

1 SPECIFICATIONS AND SPECIAL CONDITIONS FOR THE ANALYTICAL TESTING OF WATER SAMPLES 1. The Water Services Corporation intends to perform a thorough quality check on potable water reaching consumer taps. The estimated total number of samples to be tested for all parameters in Schedules A, B and C shall be between 90 and 100, collected in batches. The price shall be fixed for a period of two years. Each batch of samples to be tested shall contain at least 10 samples, each of which shall be tested for all parameters listed in one or more of Schedules A, B or C. Additional samples may be included with each batch for sampling for individual parameters as listed in the same schedules. Results of this exercise will be related to EU directive 98/83/EC and are intended to add information on the current quality status of the water supply. The collection of the samples from source is not within the scope of this tender. WSC will collect the samples from source. 2. The Corporation invites quotations for the testing of parameters as listed in Schedules A, B and C attached. Quotes are to include the price for the testing of samples in batches of 10, for each schedule. The prices per additional sample to be tested for individual parameters are also to be included. However verification of results including re-analysis for that parameter in question if necessary, which are considered dubious by the Corporation must be carried out following a request but at no extra charge. 3. For those parameters specified under the EU Directive 98/83/EC and Legal Notice 17 of 2009 tenderers must confirm that the methods used meet the performance characteristics of % trueness, % precision and limit of detection specified in Schedule III of Legal Notice 17 of A copy of a selection of Schedule III of the said Legal Notice is attached for guidance purposes. Tenderers must confirm their capability of adhering to this condition and consequently their ability to produce reliable results with a high level of accuracy. A written declaration that these performance characteristics are being met for the methods listed in Schedule III must be presented. Without prejudice to the accuracy of the analytical testing, the attention of tenderers is drawn to the fact that the electrical conductivity in the water samples to be tested may exceed the 2500µcm-1. Failure to provide this declaration about the performance characteristics of the methods being used will disqualify the tenderer. Page 1 of 19

2 4. Tenderers shall state the period required to produce final results from day of delivery of samples. 5. Tenderers must not discard of any of the samples prior to the confirmation of the acceptance of results by the Corporation 6. Tenderers will be required to forward sampling bottles, together with instructions on sample preservation, storage, handling and delivery from Malta to the same laboratories. quotation. Freight of sample bottles to and from Malta shall be included in the 7. National accreditation of the laboratory for a testing laboratory (ISO17025) for the analysis of individual parameters listed in the attached schedules for which the lab is quoting is required. For Schedules A and B, this is compulsory and non-accredited tests will not be accepted. For Schedule C (pesticides), in the event that no completely accredited offer is received, then WSC will opt to choose the offer having the most accredited tests. This however is subject that a) the tenderer would have submitted a complete offer for Schedule C (i.e. quoted for all pesticides) and b) the performance characteristics mentioned in Clause 3 above is met. Copies of the relevant certificates of laboratory accreditation are to be forwarded with the quote and results will have to be certified accordingly. Tenderers are requested to fill in Appendices to Schedules A, B and C. In the event that the national accreditation of any of the awarded parameters in the tender is suspended or withdrawn during the execution of the tender, the WSC must be informed immediately in order to decide the way forward. This may include suspension or termination of work. The tenderer would then be liable for any extra costs incurred by the Corporation for the continuation of work. 8. Details regarding methodology being used must be supplied to the Corporation with the quotation and any change in methodology to that which was being used at the acceptance phase of the tender must be passed on to the Corporation prior to the start of any batch of analysis which is to be effected. This includes occasions when new equipment is being used and when there is variance in the performance characteristics that is changed in Limit of Detection, Trueness, Precision and Uncertainty. If the change is considered critical by the Corporation, the work may be suspended or withdrawn but the tenderer would be liable for any extra costs Page 2 of 19

3 incurred by WSC for the continuation of work. 9. The laboratory will be required to name a contact person from within its own organisation and not use any intermediaries for correspondence purposes. 10. The laboratory must be willing to discuss progress of results and/or difficulties/abnormalities encountered during the process of analysis as well as to provide any interpretations of results as requested by the Corporation. 11. The WSC reserves the right to visit and audit the testing laboratory so as to ensure that the ISO17025 and tender criteria are being met for the awarded parameters. A maximum of one audit per year of contract shall take place. If as a result of the audit it transpires that the tender criteria are not being adhered to, the work may be suspended or withdrawn by WSC and the tenderer would be liable for any extra costs incurred by WSC for the continuation of work. 12. It shall not be lawful for the tenderer to transfer or assign the contract directly or indirectly, or any part, share or interest in it or any amount due by the Corporation thereof, to any person or persons whomsoever, or to sublet the contract or any part of it, or to allow any portion of the work to be done otherwise than in his own establishment, without the written consent of the Corporation. In the event that the laboratory subcontracts part, or all of the analysis, the written consent of the Corporation must be obtained prior to such work and shall only be accepted if the new subcontractor proves that it is meeting all the criteria mentioned in this document. 13. Offers are to be submitted in Euro. All tenderers are required to quote prices covering the total cost delivered to store inclusive of Customs import duty, insurance, ECO tax, if any, and any other charges, as applicable. Tenderers must quote all components of the price inclusive of taxes, customs and import duties and any discounts. Tenderers not registered with the VAT authority in Malta, must still include in their financial offer any VAT that the contracting authority may have to pay either in Malta or the country where the tenderer is registered irrespective of the reverse charge mechanism. The financial offer will be considered as the total financial cost to the contracting authority including any VAT that may have to be paid not through the winning tenderer. Except as may otherwise be provided for in the contract, no payment will be made for items which have not been costed. Page 3 of 19

4 Moreover, the successful bidder shall be bound to conform in all respects with VAT legislation and regulations. 14. The tenderer shall not receive payment beyond the contract sum for any work which he may consider that payment should be made as an extra, unless such work shall have been ordered as extra work, or unless the contractor, before commencing such work, shall have claimed in writing that it should be paid for as an extra, and the Corporation s representative shall have certified in writing that the claim is reasonable and proper. 15. The quantities shown on the Schedule are only indicative and where necessary may be exceeded. However WSC reserves the right not to order any of the quantities shown and the WSC would not, by doing so, be held liable to any damages or other costs whatsoever. 16. The Corporation shall determine the amount (if any) which should be added to or deducted from the sum named in the Tender in respect of any extra or additional work done or omitted by its order. All such work shall be valued at the rates set out in the contract if the same rates shall be applicable. If the contract shall not contain any rates applicable to the extra or additional works, then suitable prices shall be agreed upon between the Corporation and the contractor. In the event of disagreement, the Corporation shall fix such prices as shall in its opinion be fair and reasonable. Provided that no such increase of the contract sum shall be made unless as soon as after the date of the order as is practicable, and in the case of extra or additional work before the commencement of the work or as soon thereafter as is practicable, notice shall have been given in writing (i) by the tenderer to the Chief Executive of his intention to claim extra payment, or (ii) by the Chief Executive to the tenderer of Corporation's intention to fix a rate or price as the case may be. 17. In the event of additions being made, or for any other valid reason, the Corporation may, if it thinks it necessary, extend the time for delivery or completion for such Page 4 of 19

5 period as it may consider reasonable and proper. The tenderer shall be informed in writing of any such extension. 18. Should there be any discrepancy between the contract specifications, or any inconsistency or omission, reference must be made to the Corporation s representative for an explanation and the tenderer will be held responsible for any errors that may occur in the work through neglect of this precaution. 19. The tenderer shall take all risks of accident or damage to the work, from whatever cause arising, and shall be responsible for the sufficiency of all means used by him for the fulfillment of the contract, and shall not be relieved from such responsibility by any approval which may have been given by the Corporation s representative. 20. Should the tenderer anticipate at any time during the execution of the contract that he will be unable to deliver the work within the contract time, he must at once give notice accordingly, in writing, to the Chief Executive explaining the cause of the delay. 21. 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. 22. Bank Guarantee The successful contractor shall be required to submit a bank guarantee for 10% of the estimated twelve-month value of the contract within seven days (fifteen days for overseas contractors) from the date of award of contract. The guarantee shall be issued by a local Maltese Bank or a Financial Institution licensed by a recognized Financial Regulator in the country where the company is located and who assumes responsibility for claims and payments to the amount as stated above. The guarantee shall become renewable, two months prior to its expiry, for the second year of the contract. The bank guarantee will be released one month after satisfactory completion of the 2-year contract. 23. Payment 23.1 Payment will be made by the Corporation in accordance with the terms of the Page 5 of 19

6 Bond (Bank Guarantee) referred to in Clause 22, within a reasonable time after due completion of the works to the satisfaction of the Chief Executive. Payment will be subject to any deductions to which the tenderer may have become liable under this contract Payment shall be effected within 90 calendar days on which an admissible payment request is registered In breach of this time limit a contractor would become entitled to the payment of interest at 2% over the rate of interest established by the European Central Bank for the particular period. 24. If the work is not completed and delivered within the time specified in the contract, the contractor shall be liable to a penalty of per diem up to the day on which the work is delivered. Provided that the Corporation may remit such penalty, wholly or in part, if it is satisfied that the delay could not have been avoided. 25. a) Should the tenderer from any cause whatever, become unable or fail to carry on the contract with efficiency; or should he not progress with the work in the manner intended by the contract, or not have the work ready for delivery in conformity with the terms of the contract; or should his preparations for commencement and his subsequent rate of progress be so slow, from any cause whatever, that, in the opinion of the Chief Executive he will be unable to complete and deliver the work by the expiration of the specified period; or should he refuse or neglect to comply with the directions given to him by the Chief Executive or in any other respect act contrary to the terms of the contract, then the Corporation shall have the power to declare the contract at an end, and the tenderer shall only be paid for such portion of the work as shall have been actually delivered at the date of such declaration, after deduction of any sum leviable under the conditions of the contract. b) The tenderer shall, in addition, be liable to pay to the Corporation, or the Corporation shall be entitled to further deduct the value of any expense, loss or damage (including any difference between the contract price of the work to be done, under the contract, or of such portion thereof as may not have been delivered at the date of such declaration as aforesaid, and the price which the Corporation may have to pay for similar work provided in lieu of such portion as may not have been so delivered) which the Corporation may be put to or sustain by reason of, or in connection with the tenderer's breach of contract. Page 6 of 19

7 26. Should the contractor abandon the work he will forfeit the Bond (Bank Guarantee). 27. The Corporation is not bound to accept the lowest or any tender and shall not give reasons for the acceptance or rejection of a particular tender. 28. The award of the contract does not exonerate the tenderer from the obligation of obtaining any other permit and/or license that may be required under any law, principal or subsidiary, in force in Malta from time to time. 29. Lots This contract is for the supply in lots as included for in the attached Financial Bid Forms. The tenderer may submit a tender for one or more lots. Each lot will form a separate contract. If the tenderer is awarded more than one lot, a single contract may be concluded covering all those lots. Contracts will be awarded lot by lot, but the WSC may select the most favourable overall solution. 30. Adjudication Each parameter listed in Schedules A and B shall be adjudicated individually. Parameters in schedule C shall be adjudicated as a group. Clauses 7 and 3, together with price, shall be the main parameters on which the tender will be adjudicated. 31. 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 Malta Arbitration Centre as at present in force. 32. Right of Recourse Page 7 of 19

8 Tenderers are to note that the award of this contract is subject to the right of recourse as set forth in Legal Notice 296/2010 (Public Procurement Regulations, 2010). A copy of Regulation 21 of these regulations is annexed with this document for easy reference. 33. Occupational Health and Safety 36.1 The contractor shall assume full responsibility and accountability regarding the health and safety of his/her employees and/or sub-contractors including any third parties involved in the execution of this contract The contractor shall be bound to conform with Act XXVII of 2000 (Occupational Health and Safety, Authority Act 2000), as well as any other national legislation, regulations, standards, and/or codes of practice in effect during the execution of the contract, regarding health and safety issues, as they apply for the contractor s particular operating situation and nature of work activities. 34. Award Notification Prior to the expiration of the period of validity of tenders, Water Services Corporation will notify the successful tenderer, in writing, that his tender has been recommended for award by the Departmental Contracts Committee, pending any objection being lodged in terms of Regulation 21 of the Public Procurement Regulations. Unsuccessful bidders shall be notified with the outcome of the evaluation process, and will be provided the following information: (i) (ii) (iii) (iv) (v) the name of the successful tenderer; the recommended price of the successful bidder; the reasons why the tenderer did not meet the technical specifications/ notification that the offer was not the cheapest (if applicable); the deadline for filing a notice of objection; the deposit required if lodging a complaint. The recommendations of the Departmental Contracts Committee shall be published on the Notice Board of the Water Services Corporation, and published online on the Corporation s website, Interpretation or Correction of Tender Documents Page 8 of 19

9 36.2 Tenderers shall promptly notify the Chief Executive WSC of any ambiguity in or discrepancy between any of the Tender documents which they may discover upon examination of the Tender documents Tenderers requiring clarification or interpretations of the Tender Documents shall make a written request that shall reach the Procurement Section of WSC (on at procurement@wsc.com.mt or by fax on ) at least eight (8) days prior to the date of receipt of Tenders. Any request after this date will not be accepted Any interpretations, corrections or changes to the Tender Documents by WSC will be made by an official addendum. Interpretations, corrections or changes made in any other manner will not be valid, and Tenderers shall not rely upon such interpretations corrections and changes The Contracting Authority may, at its own discretion, as necessary, extend the deadline for submission of tenders to give tenderers sufficient time to take clarification notes into account when preparing their tenders. 36. Tender preparation costs Applicants shall bear all costs associated with the preparation and submission of the tender documents. The Corporation shall not reimburse any fee associated with the procurement of tender documents in the event that any or all offer/s is/are rejected. 37. Conditions of employment Tenderers are required to annexe with their offer the attached Statement on Conditions of Employment. Any tenderer who fails to provide this statement with his offer, will not be eligible for the award of the contract. 38. Presentation of Tenders (a) All tenders must be submitted in one original. (b) All tenders must be received by date and time indicated and deposited in the tender box at the entrance of the Water Services Corporation, Qormi Road, Luqa LQA 9043, Malta. Page 9 of 19

10 (c) (d) All tenders must bear only: (i) the above address; (ii) the reference of the invitation to tender concerned; (iii) if applicable, the number of the lot(s) to which the tender refers; (iv) the name of the tenderer. A separate Tender Form is to be submitted for each option tendered, each form clearly marked Option 1, Option 2 etc. 39. Labour Law Particular attention is drawn to the conditions concerning the employment of labour in Malta and the obligation to comply with all regulations, rules or instructions concerning the conditions of employment of any class of employee. 40. Documents to be submitted with the tender The following documents shall be submitted with the tender offer: 1. Declaration about the performance characteristics of the methods being used (clause 3 and related Appendices A, B and C) 2. Certificates of national accreditation (clause 7) 3. Statement on Conditions of Employment Page 10 of 19

11 SELECTION OF SCHEDULE III OF LEGAL NOTICE 17 of 2009 Page 11 of 19

12 FINANCIAL BID WSC/T/104/ ANALYTICAL TESTING OF POTABLE WATER SCHEDULE A Lot Parameter 1 Aluminium Price in Euro including door-todoor delivery charges (including VAT*) per additional per 10 samples sample 2 Ammonium 3 Antimony 4 Arsenic 5 Boron 6 Cadmium 7 Chromium 8 Copper 9 Cyanide 10 Fluoride 11 Iron 12 Lead 13 Manganese 14 Mercury 15 Nickel 16 Nitrite 17 Selenium 18 Sodium 19 Sulphate (* For adjudication purposes VAT shall be quoted at 18%) Delivery period (refer to clause 4) Signature of tenderer.. Date. Page 12 of 19

13 APPENDIX TO SCHEDULE A Lot No. Parameter ISO accredited Meets Performance Characteristics ( % Trueness, % Precision, Limit of Detection ) as per Legal Notice 17 of 2009 Yes No Yes No Methodology used 1 Aluminium 2 Ammonium 3 Antimony 4 Arsenic 5 Boron 6 Cadmium 7 Chromium 8 Copper 9 Cyanide 10 Fluoride 11 Iron 12 Lead 13 Manganese 14 Mercury 15 Nickel 16 Nitrite 17 Selenium 18 Sodium 19 Sulphate Signature of tenderer Date Page 13 of 19

14 SCHEDULE B Lot Parameter 1 Acrylamide 2 Benzene 3 Benzo (a) pyrene 4 Bromate 5 1, 2-dichloroethane 6 Epichlorohrydrin Polycyclic Aromatic 7 Hydrocarbons 8 Tetrachlorethene 9 Trichlorethene 10 Trihalomethanes* 11 Vinyl chloride Price in Euro including door-to-door delivery charges (including VAT*) per 10 samples per additional sample * Specific compounds should include choloroform, bromoform, bidromochloromethane and bromodichloromethane. Delivery period (refer to clause 4) Signature of tenderer. Date. Page 14 of 19

15 APPENDIX TO SCHEDULE B Lot Parameter ISO accredited Meets Performance Characteristics ( % Trueness, % Precision, Limit of Detection ) as per Legal Notice 17 of 2009 Yes No Yes No Methodology used 1 Acrylamide 2 Benzene 3 Benzo (a) pyrene 4 Bromate 5 1, 2-dichloroethane 6 Epichlorohrydrin 7 Polycyclic Aromatic Hydrocarbons 8 Tetrachlorethene 9 Trichlorethene 10 Trihalomethanes* 11 Vinyl chloride * Specific compounds should include choloroform, bromoform, bidromochloromethane and bromodichloromethane. Signature of tenderer Date Page 15 of 19

16 SCHEDULE C A B C D E F Organochlorines Organophosphates Carbamates/Dithiocarbamates Triazines Pyrethroids Urea derivatives 1 Chloropicrin 2 Dalapon 3 Tetradifon 4 Malathion 5 Dimethoate 6 Phentoate 7 Phosety - Al 8 Glyphosate 9 Zineb 10 Mancozeb 11 Ethiofencarb 12 Carbaryl 13 Ziram 14 Simazine 15 Atrazine 16 Prometryn 17 Anilazine 18 Tetrabutryn 19 Permethrin 20 Allethrin 21 Linuron 22 Diuron Price in Euro including doorto-door delivery charges (including VAT*) per 10 samples per additional sample G Bipyridilium 23 Diquat dibromide H Chlorophenoxy Acids 24 MCPA I J PHTHALIMIDE BENZIMIDAZOLES 25 Folpet 26 Captan 27 Benomyl 28 Carbendazim Signature of tenderer.date. Page 16 of 19

17 APPENDIX TO SCHEDULE C Parameter ISO accredited Meets Performance Characteristics ( % Trueness, % Precision, Limit of Detection ) as per Legal Notice 17 of 2009 Yes No Yes No Methodology used A Organochlorine s 1 Chloropicrin 2 Dalapon 3 Tetradifon B Organophosphates 4 Malathion 5 Dimethoate 6 Phentoate 7 Phosety - Al 8 Glyphosate C Carbamates/Dithioc arbamates 9 Zineb 10 Mancozeb 11 Ethiofencarb 12 Carbaryl 13 Ziram D Triazines 14 Simazine 15 Atrazine 16 Prometryn 17 Anilazine 18 Tetrabutryn E Pyrethroids 19 Permethrin 20 Allethrin F Urea derivatives 21 Linuron 22 Diuron Diquat G Bipyridilium 23 dibromide Page 17 of 19

18 H Chlorophenoxy 24 MCPA Acids I PHTHALIMIDE 25 Folpet 26 Captan J BENZIMIDAZOLES 27 Benomyl 28 Carbendazim Delivery period (refer to clause 4) Signature of tenderer Date Page 18 of 19

19 CONTACT DETAILS Name of tenderer Please print Address Post Code Telephone no. Fax No. Address Website Acceptance of partial orders (yes/no) Signature of tenderer Date. Page 19 of 19