Version 4.

7 – Above Threshold eProcurement Document

REFERENCE NUMBER: SPD8/2024/059

SERVICES
FRAMEWORK CONTRACT IN LOTS FOR
THE SAMPLING, ANALYSIS AND
REPORTING OF LANDFILL GAS, STACK
EMISSIONS AND ODOUR AT THE ECOHIVE
COMPLEX
This project is being financed through local budget.

Sectoral Procurement Directorate

Department of Contracts, Notre Dame Ravelin, Floriana FRN 1600
Email: spd8.mfin@gov.mt; Telephone: +356 23781508

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Contents
SECTION 1 – INSTRUCTIONS TO TENDERERS .............................................. 3
2. Timetable ................................................................................. 4
3. Lots ......................................................................................... 4
4. Clarification Meeting/Site Visit ........................................................ 4
5. Selection and Award Requirements ................................................... 5
6. Criteria for Award ........................................................................ 8
SECTION 2 – SPECIAL CONDITIONS .......................................................... 9
SECTION 3 – TERMS OF REFERENCE (Note 3) .............................................. 16
SECTION 4 – SUPPLEMENTARY DOCUMENTATION ...................................... 26
4.1 – Draft Contract Form ................................................................. 26
4.2 – Specimen Performance Guarantee ................................................ 26
4.6 – Ultimate Beneficiary Owner (UBO) form ......................................... 26
4.7 – General Conditions of Contract .................................................... 26
4.8 – General Rules Governing Tendering ............................................... 26

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SECTION 1 – INSTRUCTIONS TO TENDERERS

1. General Provisions

1.1 The subject of this framework contract is for the sampling, analysis and reporting of
Landfill Gas, Stack Emissions and Odour at the Ecohive Complex, Maghtab, Naxxar. This
framework contract is divided into two (2) Lots:

Lot 1: Sampling, analysis, and reporting of landfill gas & stack emissions.
Lot 2: Sampling, analysis, and reporting of stack emissions and odour.

1.2 The place of acceptance of the services shall be at the Ecohive Complex, Maghtab, Naxxar,
the time-limits for the execution of the contract shall be for thirty-six (36) months from
date of last signature on the contract. If funds are still available, the Contracting
Authority reserves the right to extend the validity of the Contract for a further period,
of up to nine (9) months, at the same terms, rates and conditions. Contract will come
to an end, either by exhaustion of funds or lapse of time period.

The INCOTERM2020 applicable shall be Delivery Duty Paid (DDP)

1.3 The Estimated Procurement Value for this Call for Tenders has been based on
comprehensive research including appropriate financial analysis. In the context of this
procurement, the Estimated Procurement Value, based on market research, is that of
€282,000 excluding VAT. The tender shall be divided into two lots:

Lot 1: Sampling, analysis, and reporting of landfill gas & stack emissions €37,200 excluding
VAT
Lot 2: Sampling, analysis, and reporting of stack emissions and odour €244,800 excluding
VAT

The purpose of this value shall be the guidance of prospective bidders when submitting
their offer and is not to be considered as a binding capping price.

Therefore, the published Estimated Procurement Value is not restrictive and final on the
Contracting Authority. Economic Operators are free to submit financial offers above or
below the Estimated Procurement Value. However, the Contracting Authority reserves the
right to accept or reject Financial Offers exceeding the Estimated Procurement Value.

1.4 The final beneficiary of this tender is WasteServ Malta Ltd.

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2. Timetable

The timetable is as per the dates set through the CfT workspace on the ePPS.

DATE TIME*
As per
Clarification Meeting/Site Visit As per Clause 4
Clause 4
Deadline for request for any additional information from the
Contracting Authority.
10/07/2024 09:30 hrs
Clarifications by registered users to be sent online through
www.etenders.gov.mt
Last date on which additional information can be issued by
15/07/2024 09:30 hrs
the Contracting Authority
Deadline for Submission of Tenders
(unless otherwise modified in terms of Clause 10.1 of the 26/07/2024 09:30 hrs
General Rules Governing Tendering)
Tender Opening Session
(unless otherwise modified in terms of Clause 10.1 of the General 26/07/2024 10:00 hrs
Rules Governing Tendering)
* All times Central European Time (CET)/Central European Summer Time (CEST) as applicable

3. Lots

3.1 This tender is divided into lots. Tenderers may submit a tender for one or more lots.

3.2 The tenderer must offer the whole of the quantity or quantities indicated for each lot.
Under no circumstances will tenders for part of the quantities required be taken into
consideration. Each lot may form a separate contract and the quantities indicated for
different lots will be indivisible.

3.3 Contracts will be awarded lot by lot, in accordance with the award criteria at Article 9.

4. Clarification Meeting/Site Visit

4.1 Lot 1: Sampling, analysis, and reporting of landfill gas & stack emissions

A clarification meeting will be held on 1st July 2024 at 11:00 hrs, at

https://www.wasteservmalta.com/meetings/meetingroom2.aspx to answer any
questions on the tender document which have been forwarded in writing, or are raised
during the same meeting. Minutes will be taken during the meeting, and these (together
with any clarifications in response to written requests which are not addressed during the
meeting) shall be posted online as a clarification note as per Clause 6.1 of the General
Rules Governing Tendering.

Meetings between economic operators and the Contracting Authority, other than that
provided in this clause during the tendering period are not permitted.

Lot 2: Sampling, analysis, and reporting of stack emissions and odour

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A site visit will be held on 2nd July 2024 at 10:00hrs at Ecohive Complex, Maghtab l/o
Naxxar Malta to answer any questions on the tender document which have been forwarded
in writing, or are raised during the same meeting. Minutes will be taken during the
meeting, and these (together with any clarifications in response to written requests which
are not addressed during the meeting) shall be posted online as a clarification note as per
Clause 6.1 of the General Rules Governing Tendering.

Meetings between economic operators and the Contracting Authority, other than that
provided in this clause during the tendering period are not permitted.

5. Selection and Award Requirements

In order to be considered eligible for the award of the contract, economic operators must
provide evidence that they meet or exceed certain minimum criteria described hereunder.

(A) Eligibility Criteria

Economic Operators are to complete the Eligibility Section through the tender response
format (Note 2)

i. If applicable, the necessary forms – such as the Power of Attorney, are to be

uploaded through the tender response format/ePPS/xml structure by the
Economic Operator, as indicated in the relevant fields of the tender structure.
ii. Environmental Health and Safety Requirements form (WS115) (Note 2)

Wasteserv implements a Quality, Environmental, Health and Safety Management System

designed to meet the requirements of ISO9001:2015, ISO14001:2015 and ISO45001:2018
standards or equivalent.

Contractor’ employees on site are expected to be acquainted with the

Environmental, Health and Safety Requirements and site rules which can be accessed
through links provided on Environmental, Health and Safety Requirements form
(WS115).

Through the tender response format the Contractor is to confirm that he/she has read
and understood the content of WS115 EHS Requirements and all documentation referred
in the mentioned sheet, and that such information is cascaded to all employees who
shall be working on this contract, and that he/she shall ensure that his/her employees
are trained to comply with these requirements.

(B) Exclusion (including Blacklisting) and Selection Criteria – information to be

submitted through the European Single Procurement Document (ESPD) in the tender
response format (Note 2)

The Exclusion (including Blacklisting) criteria are to be completed by the

Economic Operator in the ESPD (Tender response format) under Part III titled
‘Exclusion Grounds’ which includes the following:

A. Grounds relating to Criminal Convictions

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B. Grounds relating to the payment of taxes or social security

contributions
C. Grounds relating to insolvency, conflicts of interests or professional
misconduct
D. Purely national exclusion grounds

Kindly note that the ESPD tender response format is pre-populated by the
system. It is the Economic Operator’s responsibility to ensure that the correct
information is reflected in the ESPD tender response format for the above
criteria.

Selection Criteria requirements are to be completed by the Economic Operator

in the ESPD (Tender response format) under Part IV titled ‘Selection Criteria’
which includes the following: (Note 2)

(a) Suitability (Note 2)

Not applicable.

(Note 2)
(b) Economic and Financial Standing
Not applicable.

(Note 2)
(c) Technical and Professional Ability

Subcontracting Proportion

Provide data concerning subcontractors and the percentage of works to be

subcontracted. This information shall be included in the online ESPD form in
Part IV: Selection criteria - Technical and professional ability.

Any subcontractor proposed and disclosed shall be evaluated in line with the
Exclusion and Blacklisting Criteria as per these Instructions to Tenderers.
Furthermore, if the sub-contractor is relied upon by the Contractor to meet the
standards established in the selection criteria, apart from submitting the
relevant commitments in writing, such reliance will be evaluated to verify its
correctness and whether in effect these criteria are satisfied.

It is being understood that if the information being requested regarding sub-

contracting is left empty, it will be assumed that no sub-contracting will take
place (0% subcontracting).

(Note 2)
(d) Quality Assurance Schemes and Environmental Management Standards
Not applicable.

It is the Economic Operator’s responsibility to ensure that the correct

information is reflected in the ESPD tender response format for the above
criteria.

(C) Specifications

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(i) Tenderer’s Technical Offer in response to specifications to be submitted online

through the prescribed Tender Response Format and by using the Tender
Preparation Tool provided. (Note 3)

(ii) Tenderer’s Technical Offer(Note 3)

(iii) Key Experts Form, the Statement of Availability Form, the Self-declaration
form for Key Experts (relating to public employees) and CVs (Note 2)

Lot 1:

Key Expert – A scientist shall be nominated to ensure that the Contractor is

compliant with the Terms of Reference. The scientist must be in possession of
a Qualification from an educational institution, at MQF Level 6 or equivalent or
higher in any of the following subjects: Chemistry, Physics, Monitoring of
Emissions, Environmental Monitoring, Environmental Health and Environmental
Science, or a qualification with the main area of study being subjects already
mentioned.
Through his/her CV, the Key Expert must demonstrate knowledge of relevant
evidence-based research in the respective area of expertise.

Lot 2:

Key Expert - A scientist shall be nominated to ensure that the Contractor is

compliant with the Terms of Reference. The scientist must be in possession of
a Qualification from an educational institution, at MQF Level 6 or equivalent or
higher in any of the following subjects: Chemistry, Physics, Monitoring of
Emissions, Environmental Monitoring, Environmental Health and Environmental
Science, or a qualification with the main area of study being subjects already
mentioned.
Through his/her CV, the Key Expert must demonstrate knowledge of relevant
evidence-based research in the respective area of expertise.

Any expert/s engaged must be able to effectively communicate (by

phone/email etc.) using the English and / or Maltese language.

The personnel involved in the dust and the odour monitoring sampling and
analytic methods must be trained on the methodology as detailed in Clauses
2.2.22 of Section 3 (in-house training is also acceptable) and are competent to
carry out such tasks (or be supervised by someone who has such competence).
A training certificate shall be provided as part of the tendering process.

Any expert/s engaged must be able to effectively communicate (by

phone/email etc.) using the English and/ or Maltese language.

(iv) Literature as per Form marked ‘Literature List’ to be submitted with the
Technical offer at tendering stage. The scope of the literature is to corroborate
a fully compliant technical offer. (Note 2)

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(D) Financial Offer

(i) A financial offer calculated on the basis of Delivered Duty Paid (DDP) (Grand
Total) for the services tendered as per Tender Response Format. Note 3)

(ii) A filled-in Financial Bid Form as per Tender Response Format. (Note 3)

In case of any discrepancy the xml tender structure shall prevail.

The above does not apply in instances wherein the financial bid form
consists of a Bill of Quantities (BoQ) or financial bid forms where the total
can be arithmetically worked out and/or corrected if, as, and when
necessary / applicable.

Notes to Clause 5:

1. Tenderers will be requested to clarify/rectify, within five (5) working days from
notification, the tender guarantee only in the following four circumstances: incorrect
validity date, and/or incorrect value, and/or incorrect addressee and incorrect name of
the bidder. Rectification in respect of the Tender Guarantee (Bid Bond) is free of charge.
(currently Bid Bonds are not applicable)

2. Tenderers will be requested to either clarify/rectify any incorrect and/or incomplete

documentation, and/or submit any missing documents within five (5) working days from
notification.

3. No rectifications shall be allowed. Only clarifications on the submitted information

may be requested. Tenderers will be requested to clarify the submitted information
within five (5) working days from notification.

Requests for Clarifications and/or Rectifications concerning a previous request dealing

with the same shortcoming shall not be entertained.

6. Criteria for Award

6.1 The sole award criterion will be the price. The contract will be awarded to the tenderer
submitting the cheapest priced offer satisfying the administrative and technical criteria.

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SECTION 2 – SPECIAL CONDITIONS

These conditions amplify and supplement, if necessary, the General Conditions

governing the contract. Unless the Special Conditions provide otherwise, those
General Conditions remain fully applicable. The numbering of the Articles of the
Special Conditions is not consecutive but follows the numbering of the Articles of
the General Conditions. Other Special Conditions may be indicated afterwards.

Article 2: Notices and Written Communications

2.4 Upon signing of the Contract, the Contractor shall nominate a “Contact Person” for
communication purposes with the Officer in Charge designated by the Contracting Authority.
This contact person shall be available from Monday to Friday from 7am till 5pm, excluding public
holidays. Should the appointed contact person be unavailable, another responsible person is to
be readily available. The contact details are to be submitted upon the award of the Contract.

Other communications can be done through the following:

Address:
WasteServ Malta Ltd,
EcoHive Complex,
Tuli l-Kosta,
In-Naxxar, NXR 9030
Malta

Address:
WasteServ Malta Ltd,
Multi-Material Recovery Facility
Triq Birżebbuġa
Ħal Far,
Malta

Email: contracts.ws@wsm.com.mt

Telephone No: 23858 000

2.5 The contract is made up of the following documents, in order of precedence:

(a) the signed agreement;
(b) the Special Conditions;
(c) the General Conditions;
(d) the Contracting Authority’s terms of reference;
(e) the Contractor’s technical offer;
(f) the financial bid form (after arithmetical corrections if any)/breakdown;
(g) the tender declarations in the Tender Response Format;
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(h) any other documents forming part of the contract.

Addenda have (including clarifications/rectifications at evaluation stage) the order of

precedence of the document they are modifying.

Article 5: Supply of Information

5.1 As per General Conditions.

Article 6: Assistance with Local Regulations

6.1 As per General Conditions.

Article 7: General Obligations

7.12 The Contractor shall, within 15 calendar days of receipt of the contract, sign and date
the contract and return it together with an original Performance Guarantee. The Contract will
not be endorsed by the Contracting Authority/Central Government Authority until the
performance guarantee is submitted. The amount of the guarantee shall be 4% where the
amount of the total contract value is between €10,000 and €500,000 ex VAT, and 10% where the
amount of the total contract value is €500,000 or above.

Once the above percentages have been determined on the total contract value, and hence 4%
or 10% have been defined, the following shall apply.

Where the contract is a Framework Contract, or when a contract is awarded to one contractor
over a period of years for recurrent services, the Performance Guarantee may cover the
yearly/annual total contract value, which means that the performance guarantee is calculated
on the total contract value, and then divided by the number of years covered by the contract.

If a Procurement Procedure was published with lots and subsequently awarded accordingly, each
lot shall be regarded as a separate contract, even if the same contractor wins more than one (1)
lot. As a result, the amount of the Performance Guarantee shall be calculated per lot.

The Contractor has the possibility to provide the Contracting Authority with a Single Bond
covering two (2) or mote Contract Agreements (that qualify for a performance guarantee) with
the same Contracting Authority. If an additional contract is awarded to a given contractor, which
results in an economic operator’s current cumulative contracts value to go beyond the contract
value range currently covered by the Single Bond, the contractor is to be requested to; either
submit a separate Performance Guarantee for the additional contract; or else submit a new
Single Bond to cover the new total contracts value or submit an amendment to the original Single
Bond specifying the new amount. If a Contractor opts to make use of a Single Bond, one must
submit an endorsed and signed letter from the respective Contracting Authority / Entity
specifying which contracts shall be covered by the said Single Bond. The letter would need to
be resubmitted should a new Contract Agreement be covered by the Single Bond. The same
process shall take place if a Contract Agreement no longer forms part of the Single Bond since
the Contract would have been fully implemented and executed. In addition, if the inclusion of
a new Contract Value does not affect the current amount of the Single Bond because the
applicable Cumulative Contracts Value Range would not have been exceeded, the letter would
need to specify this accordingly. In absence of the said letter, the new Contract Agreement
would not be signed.

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7.15 The performance Guarantee shall be released within thirty (30) days from the issuance of the
Provisional Acceptance Certificate.

Article 13: Medical, Insurance and Security Arrangements

13.2 As per General Conditions.

13.3 As per General Conditions.

Article 14: Intellectual and Industrial Property Rights

14.3 Not applicable.

Article 15: Scope of the Services

15.1 The scope of services is defined in Section 3 (Terms of Reference)

15.5 The Contracting Authority may appoint a representative who may request to be present at any
point of the monitoring and analytical process. The said representative may request the
Contractor to carry out any other monitoring sessions, which may be required, and any repetitive
cost incurred by the Contractor shall be reimbursed by the Contracting Authority at the same
rate/s stipulated in the contract.

Article 16: Personnel and Equipment

16.4 Further to the provisions of the General Conditions, the following Clauses apply to both Lot 1
and Lot 2:

The Contractor shall be required to provide all the necessary equipment, supply of power (where
applicable) and consumables required for the operation of the Contract.

The Contractor shall ensure that where applicable, any equipment used during the execution of
the Contract is duly calibrated. Any calibration certificates (for both the monitoring and
analytical sessions) shall be submitted with every result issued, to ensure that the scientific data
provided is accurate and reliable. Test reports shall NOT be accepted if calibration certificates
are not included. Should the Contracting Authority find that the Contractor is using non-
calibrated equipment the penalties stipulated in the Contract shall be applied. Any
additional work required as a result of this shortcoming shall be redone at the Contractor’s
expense.

Article 18: Execution of the Contract

18.1 The commencement of the contract period shall commence from the day of last signature on
the contract. The services are to commence from the date of issuance of the ‘Commencement

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Order’ by the Officer in Charge of the Contracting Authority. Commencement Order shall be
issued within one (1) week from date of last signature on the contract.

18.2 The period of execution of tasks shall commence on the date fixed in accordance with Article
18.1 and shall be for a period of thirty-six (36) months. If funds are still available, the
Contracting Authority reserves the right to extend the validity of the Contract for a further
period, of up to nine (9) months, at the same terms, rates and conditions. Contract will come
to an end, either by exhaustion of funds or lapse of time period. This applies to both Lot 1 and
Lot 2.

18.3 The earliest mobilisation period, that is the shortest period from date of the instruction to be
issued by the Officer in charge of the Contracting Authority, within which the Contractor shall
be fully operational, which period shall not exceed two (2) weeks for both Lots. The mobilisation
period stated in the contract shall be final and binding and failure to comply shall results in the
infliction of penalties as specified in this tender document.

Lot 1:

The complete Technical Report shall be provided in PDF format and shall be submitted by the
Contractor within six (6) weeks from each sampling session. Failure to meet the stated
deadlines shall result in the infliction of penalties as specified in this tender.

Lot 2:

The complete soft and hard copies of the Technical Report shall be provided in PDF format and
shall be submitted by the Contractor within thirty (30) working days from each sampling session.
Failure to meet the stated deadlines shall result in the infliction of penalties as specified in
this tender.

Article 19: Delays in Execution

19.2 Lot 1: Sampling, analysis, and reporting of landfill gas & stack emissions:

A daily penalty of sixty-two euro (€62.00) exclusive of VAT, shall be applied and charged as
liquidated damages to the Contractor for mere delay and or if he/she fails to satisfactorily
provide the requested services as requested in this Tender Document, and/or the service is found
to be seriously lacking in quantity, quality or efficiency and/or the Contractor breaches any of
the conditions stipulated in this Tender Document. In such cases, the Contracting Authority shall
issue a Notification Warning notifying the Contractor of his/her breach of Contract and the
resulting penalties. In the Notification Warning Letter, the Contractor will be given a timeframe
within which he/she shall remedy the failure. If the Contractor fails to remedy his/her fault
within the timeframe given, the Contracting Authority will reserve the right to apply the daily
penalty as mentioned above. The penalty shall apply for a maximum period of not more than
thirty (30) days or until such earlier time that the Contractor remedies his/her failure prior to
the said thirty (30) days. Furthermore, should the Contractor fail to remedy the said breach
within the said maximum period of thirty (30) days as stipulated, the Contracting Authority will
also reserve the right to terminate the Contract and award the Contract to the next cheapest
Tenderer competing in the same Tender. In such an event, the bank guarantee issued by the
Contractor for the purposes of this Tender, shall be forfeited. Moreover, the Contracting
Authority reserves the right to engage other Tenderers competing in the same Tender, and any
extra expenses incurred, further to the contract rates, shall be borne by the Contractor. The
Contractor is expressly waiving his right to any abatement of the penalty imposed for mere delay
and therefore he shall not benefit from any abatement as provided in Article 1122 of the Civil
Code.
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Lot 2: Sampling, analysis, and reporting of stack emissions and odour:

A daily penalty of four-hundred and eight euro (€408.00) exclusive of VAT, shall be applied and
charged as liquidated damages to the Contractor for mere delay and or if he/she fails to
satisfactorily provide the requested services as requested in this Tender Document, and/or the
service is found to be seriously lacking in quantity, quality or efficiency and/or the Contractor
breaches any of the conditions stipulated in this Tender Document. In such cases, the Contracting
Authority shall issue a Notification Warning notifying the Contractor of his/her breach of
Contract and the resulting penalties. In the Notification Warning Letter, the Contractor will be
given a timeframe within which he/she shall remedy the failure. If the Contractor fails to remedy
his/her fault within the timeframe given, the Contracting Authority will reserve the right to
apply the daily penalty as mentioned above. The penalty shall apply for a maximum period of
not more than thirty (30) days or until such earlier time that the Contractor remedies his/her
failure prior to the said thirty (30) days. Furthermore, should the Contractor fail to remedy the
said breach within the said maximum period of thirty (30) days as stipulated, the Contracting
Authority will also reserve the right to terminate the Contract and award the Contract to the
next cheapest Tenderer competing in the same Tender. In such an event, the bank guarantee
issued by the Contractor for the purposes of this Tender, shall be forfeited. Moreover, the
Contracting Authority reserves the right to engage other Tenderers competing in the same
Tender, and any extra expenses incurred, further to the contract rates, shall be borne by the
Contractor. The Contractor is expressly waiving his right to any abatement of the penalty
imposed for mere delay and therefore he shall not benefit from any abatement as provided in
Article 1122 of the Civil Code.

Article 20: Modification of the Contract

20.1 The time-limits for the execution of the contract shall be thirty-six (36) calendar months, or
until the contract value has been exhausted. In accordance with Article 18.2, the Contracting
Authority reserves the right to extend the validity of the contract for a further period up to a
maximum of nine (9) months, subject that the contract value is not exhausted.

20.5 Subject to what is stated in the Public Procurement Regulations the repetition of services shall
be capped at 30% of the Contract value. Repetition of services may be required in the event
where competent authorities (such as ERA) request for repetition of sampling in particular
monitoring points. The prerogative to order such repetition of services shall vest in the
Contracting Authority and if not used the Contractor shall have no claim against the Contracting
Authority. Repetition of services may be required due to additional analysis which might be
requested by the authorities.

20.6 Not applicable.

Article 24: Interim and Final Progress Reports

24.1 Further to the provisions of the General Conditions, Technical Reports shall be submitted for
each Lot as specified below:

Lot 1 – Landfill Gas and Stack Emissions monitoring from landfills:

Separate Technical Reports shall be submitted by the Contractor for landfill gas and stack
emissions sessions as guided by the Contracting Authority. The following details shall be
included; a map illustrating the monitoring locations, dates of monitoring and analysis,
monitoring location name and coordinates, a brief description of the monitoring process, any
methodology and/or standards used, including a brief description of each analytical technique
used and related detection limits, relevant control limits and calibration certificates.

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An interpretation of the results obtained, taking into account weather conditions during the
sampling sessions and surrounding activities shall also be included for each location. Results shall
be given using the same units as specified in the below table. Where available, any relevant
control limits shall be included, and any non-compliance shall be clearly indicated.

The complete Technical Report shall be provided in PDF format and shall be submitted by the
Contractor within six (6) weeks from each sampling session. Failure to meet the stated
deadlines shall result in the infliction of penalties as specified in the Contract.

Lot 2 – Emissions and Odour Monitoring at the Malta North Waste Treatment Plant

Separate Technical Reports shall be submitted by the Contractor for Part A and Part B for
monitoring and analysis of emission points as guided by the Contracting Authority.

A complete Technical Report (soft and hard copies) for air monitoring and analysis shall be
submitted by the Contractor after each session including the following details:
a. dates of sampling and results obtained by the analysis,
b. sample/location name,
c. a brief description of the sampling process,
d. any methodology and/or standards used including a brief description of each analytical
technique used and related detection limits,
e. calibration certificates of instruments used for the monitoring
f. a map illustrating the sampling locations.

An interpretation of the results obtained, taking into account weather conditions and
surrounding activities shall also be included for each location. These shall include meteorological
parameters such as temperature, pressure, humidity, wind speed and direction and rainfall
patterns. Where available, the results shall be compared to the Control limits specified in Clause
2.2.21 and any non-compliance shall be clearly indicated. Results shall be given using the same
units as specified in the same table.

The complete soft and hard copies of the Technical Report shall be provided in PDF format and
shall be submitted by the Contractor within thirty (30) working days from each sampling session.
Failure to meet the stated deadlines shall result in the infliction of penalties as specified in
the Contract.

Article 26: Payments and Interest on Late Payment

26.1 This is a fee-based contract.

The Contracting Authority is bound to procure 80% of the awarded Contract Value.

i. The payment terms referred to under the relative Clause of the General Conditions particular
to this contract, state that payment shall be effected within a reasonable period of time. This
shall be taken to mean that payment is to be effected within 60 (sixty) days from the
presentation of the bill to the Contracting Authority, provided that invoices are accepted and
certified by the Contracting Authority and that the items the services conducted are carried out
to the satisfaction of the Contracting Authority, or its representative. Any penalties which shall
be incurred by the Contractor shall be deducted from these bills.

ii. The Contractor shall submit VAT invoices in accordance with the Twelfth Schedule of the VAT
Act. Invoices shall only be registered as ‘valid’ if they are in full compliance with this clause and
the Contracting Authority shall not be held liable for any delays in payments due, should the
Contractor have submitted an invalid invoice. Invoices submitted not in accordance with this
requirement shall not be processed for payment and the Contracting Authority reserves the right
to request the Contractor to re-issue the invoice accordingly.

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iii. The invoices submitted by the Contractor shall include the Contract Ref. No.

iv. Payment of bills shall be withheld whenever, in the opinion of the Contracting Authority, the
Contractor is under penalty for breaching any of the conditions of the contract.

v. Payments shall be made to the Contractor upon presentation of a bill to the Contracting
Authority. Any penalties which shall be incurred by the Contractor shall be deducted from these
bills.

vi. Payments shall be affected within 60 days from date of invoice.

Payment deadline shall read 60 calendar days instead of 30 calendar days.

All other clauses under article 26 shall apply.

26.2 As per General Conditions.

Article 27: Financial Guarantee

27.5 As per General Conditions.

Article 30: Revision of Prices

30.1 As per General Conditions.

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SECTION 3 – TERMS OF REFERENCE (Note 3)

Where in this tender document a standard, brand or label is quoted, it is to be understood

that the Contracting Authority will accept equivalent standards, brands or labels. However, it
will be the responsibility of the respective bidders, at tendering stage, to prove that the
standards, brands or labels they quoted are equivalent to the standards requested by the
Contracting Authority.

1. Background Information

1.1 - Beneficiary Country

Malta.

1.2 - Central Government Authority

Department of Contracts.

1.3 - Contracting Authority

Wasteserv Malta Ltd.
WASTESERV EKOCENTRE,
TRIQ WIED IZ-ZIJU,
MARSASKALA
MSK 4613

2. Contract Objectives and Expected Results

2.1 - Overall Objectives

The overall objective of this Framework Contract is the sampling, analysis and reporting of
landfill gas, stack emissions and odour at the Ecohive Complex which is managed and operated
by Wasteserv Malta Ltd.

2.2 - Specific Objectives

2.2.1 This Framework Contract is divided in two lots.

2.2.2 Sampling methods used shall be carried out in accordance with national and/or International
Standards. Where no such standards are available, the Contractor shall use relevant Standard
Operating Procedures, which are prepared in accordance with the most recent laboratory and
analytical standards. This will ensure the provision of valid, accurate, reliable and
representative scientific data.

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2.2.3 Analysis procedures shall be carried out in accordance to the relevant ISO or CEN-standards as
specified in the Technical Specifications, where applicable. Where and only if national and/or
international standards are not available, the Contractor shall use the relevant Standard
Operating Procedures, prepared in accordance with the most recent laboratory and analytical
standards. This will ensure the provision of valid, accurate, reliable and representative scientific
data.

2.2.4 All the parameters listed in both Lot 1 and Lot 2 shall be analysed in an ISO 17025:2017 or
equivalent accredited laboratory. The ISO 17025:2005/2017 or equivalent accreditation
certificate and Schedule of all laboratories to be used throughout the execution of the Contract
shall be submitted with the Technical Offer for both lots.

2.2.5 The Contracting Authority may appoint a representative who may request to be present at any
point of the monitoring and analytical process. The said representative may request the
Contractor to carry out any other monitoring sessions, which may be required, and any repetitive
cost incurred by the Contractor shall be reimbursed by the Contracting Authority at the same
rate/s stipulated in the contract.

Lot 1 – Landfill Gas and Stack Emissions monitoring from landfills:

2.2.6 Monitoring for landfill gas shall be carried out by the Contractor from four (4) monitoring points
located at the CHP/RTO plant. The monitoring points are all equipped with sampling valves and
are all accessible by foot. The monitoring locations shall be further discussed with the successful
Contractor during the mobilisation period.

2.2.7 Monitoring sessions shall be scheduled with the Officer in Charge at least one (1) week in
advance as it is important to ensure that the gas collection system is at or near steady state
conditions prior to monitoring. If this is not possible four random gas collection wells shall be
monitored instead as guided by the Contracting Authority.

2.2.8 The following parameters shall be monitored from the four monitoring locations on an annual
basis:

Detailed Gas Composition Priority Trace Components

Aromatic hydrocarbons:
Methane
Benzene, toluene, xylene, styrene

Sum of dioxins & furans

Carbon monoxide
(PCDD/PCDF) expressed in TEQ
Mercaptans:
Carbon Dioxide Methanethiol, ethanethiol, l-
butanethiol, l-propanethiol
Oxygen Carbon disulphide
Halogenated organic compounds:
1,1-dichloroethane, 1,2-
dichloroethane, 1,1-dichloroethene,
1,2-dichloroethene, chloroethane,
Hydrogen Sulphide
chloroethene (vinyl chloride),
dichloromethane, dimethyl
disulphide, dimethyl sulphide,
tetrachloromethane, trichloroethene

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Aliphatic hydrocarbons:
Hydrogen
1,3-butadiene, 1-pentene

Alcohols:
2-butoxyethanol
Butyric acid
Aldehydes:
Methanal (formaldehyde), Ethanal
(acetaldehyde)
Ethyl butyrate
Furan (1,4-epoxy-1,3-butadiene)
(CAS: 110-00-9)
Metals:
Arsenic, Mercury

2.2.9 Methane shall be checked onsite prior to monitoring. If the methane content is less than 30%
(that is, more than 50% diluted), an alternative point more representative of raw, undiluted gas
shall be found as guided by the Contracting Authority.

2.2.10 Bulk gases and trace components shall be monitored through any of the below methods followed
by laboratory analysis;
- Dual solid sorbent
- Solid sorbent
- Reactive sorbent
- Gresham tube
- Tedlar bag

2.2.11 Bulk gases may also be monitored using a portable infra-red analyser.

2.2.12 The Contractor shall indicate the methods which will be used to analyse the parameters listed
in the above table in the Technical Offer form. Any methods proposed shall be in accordance
with the EU Directives. The offered detection limits shall also be indicated in the same form.
The successful Contractor is bound to follow the proposed methods throughout the execution of
the Contract.

2.2.13 The Contractor shall also monitor stack emissions from two different stacks also located at the
CHP/RTO plant. The monitoring locations shall be further discussed with the successful
Contractor during the mobilisation period.

2.2.14 Monitoring shall be carried out while the stacks are in operation hence the session shall be
scheduled with the Officer in Charge at least one (1) week before.

2.2.15 The following parameters shall be monitored from both locations on an annual basis:

Parameters to be measured Detection limit

Total dust 1 mg/m3
Carbon monoxide 0.01 mg/Nm3
Nitrogen dioxide 0.56 mg/Nm3
Sulfur dioxide 0.56 mg/Nm3
Dioxins and Furans 0.01 µg/Nm3
Total Volatile Organic Carbon 0.1 mg/Nm3
Flow 0.1 Nm3/h
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Oxygen 0.1%
Temperature 0.1 °C
Moisture 0.01 mole fraction

- The limit values listed apply to dry air at a temperature of 273K, a pressure of 101.3kPa
and with an oxygen content of 3%.

- Oxygen, temperature and moisture are monitored to enable normalisation of the results.

2.2.16 The Contractor is bound to follow the detection limits specified in the above tables. These
detection limits shall be confirmed in the table provided in the Technical Offer Form. The
detection limits provided by the Contractor shall be the same or lower than the detection limits
specified above. Failure to comply shall render the Tender Offer null.

2.2.17 The Contractor shall indicate the methods which will be used to analyse the parameters listed
in the above table in the Technical Offer Form. Any methods proposed shall be in accordance
with the EU Directives. The successful Contractor is bound to follow the proposed methods
throughout the execution of the Contract.

Lot 2 – Emissions and Odour Monitoring at the Malta North Waste

Treatment Plant

2.2.18 Monitoring from stack emissions and odour shall be carried out on a monthly basis from six (6)
emission points including CHPs and biofilters located at the Malta North Waste Treatment Plant
(MNWTP).

2.2.19 The monitoring locations shall be further discussed during a site visit which shall be held at the
MNWTP as specified in Section 1. Prospective bidders shall have the opportunity to familiarise
themselves with the monitoring locations and the nature of the site and identify any restrictions
which may affect pricing and the execution of this Contract.

2.2.20 Monitoring shall be carried out while the plant equipment is in operation hence the sessions
shall be scheduled with the Officer in Charge at least one (1) week before. No delays shall be
accepted unless these are duly communicated to and acknowledged in writing by the Officer in
Charge.

2.2.21 The following parameters shall be monitored from the locations specified below on a monthly
basis:

Stack Emission
Part Parameters Control Limits Detection limits Methods of detection
point reference

Flow - 0.1 Nm3/h

Oxygen 0.10%
These parameters
PS 4 CHP1 & Temperature shall be measured to 0.1 oC To be advised by the
A
PS5 CHP2 enable normalisation Contractor
Pressure -
of results
Moisture 0.01 mole fraction
Carbon monoxide - 0.01 mg/Nm3

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Oxides of Nitrogen
489 mg/Nm3 0.56 mg/Nm3
(Nox)
Oxides of Sulfur (SO2) 60 mg/Nm3 0.56 mg/Nm3
Total VOC 10 mg/Nm3 0.1 mg/m3 EN 12619
EN 13284-1: 2017
Total dust 5 mg/Nm3 <1 mg/Nm3 (refer to Clause
2.2.22)
PS7 MT Biofilter EN 13725, using an
& PS8 AD accelerator fumehood
Odour 500 ouE/Nm3 -
Bilofliter (refer to Clause
2.2.22)
Hydrogen sulfide
20 mg/Nm3 0.3 mg/m3 To be advised by the
(H2S)
Contractor
NH3 20 mg/Nm3 0.15 mg/m3
Total VOC - 0.1 mg/m3 EN 12619
EN 13284-1: 2017
Total dust - <1 mg/Nm3 (refer to Clause
2.2.22)
Inlet PS7 MT
EN 13725, using an
Biofilter & Inlet
B accelerator fumehood
PS 8 AD Odour - -
(refer to Clause
Bilofliter
2.2.22)
Hydrogen sulfide
- 0.3 mg/m3 To be advised by the
(H2S)
3
Contractor
NH3 - 0.15 mg/m

- The limit values listed are defined at a temperature of 273.15K, a pressure of 101.3kPa,
after correction for the water vapour content of the waste gases, and a standardised
oxygen content of 15%

2.2.22 Given that the biofilters are open and do not include a stack, a sampling strategy adapted from
EN 13284-1:2017 and EN 13725 shall be used to measure dust emissions and odour concentration
as described below;

1) Each monitoring session shall consist of three phases:

a. Mapping of the air velocity from the top of the biofilter bed;
b. Choice of sampling points;
c. Sampling of the gaseous effluents.

2) Before proceeding with sampling, the presence of flow and the absence of preferential flows
shall be determined by checking the velocity values using an accelerator fumehood (see
point 5 below) and an anemometer (with a resolution of 0.1 m/s); these parameters are to
be checked on suitable areas identified as per to the below-described criteria.

3) The biofilters consist of a single module with an emission surface of 33 x 15 m (PS7) and 16
x 11 m (PS8). The entire surface of the biofilter shall be preliminarily divided into three
equal areas (A, B and C). Each of these three areas shall be divided into four sub-areas (A1,
A2, A3, A4; B1, etc.). The velocity measurement shall be undertaken in the centre of each
sub-area. The value will then be noted for the 12 points. Once the velocity map on the
biofilter bed has been acquired, the sampling points shall be selected according to the
subarea in each area where the highest velocity values have been determined. Therefore,
three samples per session shall be collected for the entire biofilter bed (e.g. at A1, B3, and
C2). Sampling shall be carried out at the centre of the identified subarea. The choice of
sampling in the sub-areas where the maximum velocity is measured represents a
precautionary choice since it theoretically identifies the worst conditions of filtration,
because a higher velocity represents a shorter contact time of the air to be treated with the
biofilter material.
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4) Sampling shall be carried out using an accelerator fumehood at the three points identified
previously (i.e. three points per biofilter). The measurement of flow rate shall be carried
out according to the standard reference method EN ISO 16911-1 or equivalent, which applies
to steady-state flows, i.e. flows characterised by substantially constant velocity, density,
temperature and pressure.

5) A 1m2 square-based fume hood in stainless steel with an accelerator chimney having an outlet
diameter of 150 mm shall be used for the sampling. The pyramid trunk of the hood must
have a height of about 740 mm and an apothem of approximately 856 mm. A metal cylinder
1,650 mm high shall be positioned above the pyramid trunk and at a distance of 1,200 mm
from the base of the cylinder, the sampling point will be created consisting of a standard
flange having a diameter of 10 cm. Each pick-up point must be equipped with a metal screw
closure.

6) The determination of dust shall be carried out in accordance with EN 13284-1 whilst the
odour concentration shall be carried out using the EN 13725. In accordance with the BAT
conclusions, samples of at least 30 minutes each (i.e. per sub-area) are to be taken.

7) The measurement report should provide a comprehensive account of the measurements, a

description of the measurement objective and the measurement plan. It should provide
sufficient detail to enable the results to be traced back through the calculations to the
collected basic data and process operating conditions. Test results should be provided at the
following standard conditions: dry gas at a temperature of 273.15 K and a pressure of 101.3
kPa, without correction for oxygen content, and expressed in mg/Nm3, in accordance with
the BAT conclusions.

8) The results of the three monitoring points from each biofilter are to be expressed as an
average, in accordance with the BAT conclusion.

2.2.23 The Contractor is bound to follow the detection limits specified in the above table. These
detection limits shall be confirmed in the table provided in the Technical Offer Form. The
detection limits provided by the Contractor shall be the same or lower than the detection limits
specified above. Where no detection limits are specified, the Contractor is still bound to provide
the offered detection limits. Failure to comply shall render the Tender Offer null.

2.2.24 The Contractor is bound to follow the methods specified in the above table. These methods shall
be confirmed in the table provided in the Technical Offer Form. Where no methods are
specified, the Contractor is still bound to provide the offered methods. Failure to comply shall
render the Tender Offer null.

2.2.25 With reference to the dust and the odour monitoring sampling and analytic methods, the
personnel involved in the sample collection must be trained on the methodology (in-house
training is also acceptable) and are competent to carry out such tasks (or be supervised by
someone who has such competence). Proof of such training and experience shall be provided
with the Technical Offer.

2.3 - Results to be achieved by the Contractor

Lot 1 – Landfill Gas and Stack Emissions monitoring from landfills:

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2.3.1 Separate Technical Reports shall be submitted by the Contractor for landfill gas and stack
emissions sessions as guided by the Contracting Authority. The following details shall be
included; a map illustrating the monitoring locations, dates of monitoring and analysis,
monitoring location name and coordinates, a brief description of the monitoring process, any
methodology and/or standards used, including a brief description of each analytical technique
used and related detection limits, relevant control limits (where applicable) and calibration
certificates as specified in Clause 6.4.2 below.

2.3.2 An interpretation of the results obtained, taking into account weather conditions during the
sampling sessions and surrounding activities shall also be included for each location. Results
shall be given using the same units as specified in Clause 2.2.15 . Where available, any relevant
control limits shall be included, and any non-compliance shall be clearly indicated.

2.3.3 The complete Technical Report shall be provided in PDF format and shall be submitted by the
Contractor within six (6) weeks from each sampling session. Failure to meet the stated
deadlines shall result in the infliction of penalties as specified in the Contract.

Lot 2 – Emissions and Odour Monitoring at the Malta North Waste

Treatment Plant

2.3.4 Separate Technical Reports shall be submitted by the Contractor for Part A and Part B for
monitoring and analysis of emission points listed in Table 2.2.21 as guided by the Contracting
Authority.

2.3.5 A complete Technical Report (soft and hard copies) for air monitoring and analysis shall be
submitted by the Contractor after each session including the following details:
a. dates of sampling and results obtained by the analysis,
b. sample/location name,
c. a brief description of the sampling process,
d. any methodology and/or standards used including a brief description of each
analytical technique used and related detection limits,
e. calibration certificates of instruments used for the monitoring as per Clause
6.4.2
f. a map illustrating the sampling locations.

2.3.6 An interpretation of the results obtained, taking into account weather conditions and
surrounding activities shall also be included for each location. These shall include
meteorological parameters such as temperature, pressure, humidity, wind speed and direction
and rainfall patterns. Where available, the results shall be compared to the Control limits
specified in Clause 2.2.21 and any non-compliance shall be clearly indicated. Results shall be
given using the same units as specified in the same table.

2.3.7 The complete soft and hard copies of the Technical Report shall be provided in PDF format and
shall be submitted by the Contractor within thirty (30) working days from each sampling session.
Failure to meet the stated deadlines shall result in the infliction of penalties as specified in
the Contract.

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3. Assumptions and Risks

3.1 - Assumptions Underlying the Project Intervention

No assumptions have been made by the Contracting Authority other than those already specified
in the Terms of Reference.

3.2 – Risks

No risks have been foreseen by the Contracting Authority other than those already specified in
the terms of Reference.

4. Scope of the Work

4.1 – General

4.1.2 Geographical Area to be covered

Maltese islands

4.2 - Specific Activities

Specific Activities are detailed under Article 2.2 – Specific Objectives of the Terms of Reference.

4.3 - Project Management

4.3.1 Responsible Body

The final beneficiary which will be responsible for managing the contract / project is the Ministry
for Sustainable Development, the Environment and Climate Change (MSDEC) represented by
WasteServ Malta Ltd (the Contracting Authority / the Employer).

4.3.2 Management Structure

The Contracting Authority has its own Board of Directors. The Company’s Senior Management
team consists of the Chief Executive Officer (CEO), Chief Officer Internal Audit (COIA), Chief
Financial Officer (CFO), Chief Projects Manager (CPM), Chief Operations Officer (COO), Chief
Officer Corporate Services (COCS) and Chief Officer Compliance and Communications (COCC).
Subordinates include contracting, technical/expert, administrative, operative and support staff.

5. Logistics and Timing

5.1 – Location
Maghtab Environmental Complex and its immediate surroundings.

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5.2 - Commencement Date & Period of Execution

The intended commencement date and the period of execution of the contract will be from the
last date from this signature on contract.

Article 18.1 of the Special Conditions will determine the actual commencement date and period
of execution.

6. Requirements

6.1 – Personnel and Key Experts

Lot 1:

Key Expert – A scientist shall be nominated to ensure that the Contractor is compliant with the
Terms of Reference. The scientist must be in possession of a Qualification from an educational
institution, at MQF Level 6 or equivalent or higher in any of the following subjects: Chemistry,
Physics, Monitoring of Emissions, Environmental Monitoring, Environmental Health and
Environmental Science, or a qualification with the main area of study being subjects already
mentioned. .
Through his/her CV, the Key Expert must demonstrate knowledge of relevant evidence-based
research in their area of expertise.

Lot 2:

Key Expert - A scientist shall be nominated to ensure that the Contractor is compliant with the
Terms of Reference. The scientist must be in possession of a Qualification from an educational
institution, at MQF Level 6 or equivalent or higher in any of the following subjects: Chemistry,
Physics, Monitoring of Emissions, Environmental Monitoring, Environmental Health and
Environmental Science, or a qualification with the main area of study being subjects already
mentioned.
Through his/her CV, the Key Expert must demonstrate knowledge of relevant evidence-based
research in their area of expertise.

The personnel involved in the dust and the odour monitoring sampling and analytic methods
must be trained on the methodology (in-house training is also acceptable) and are competent
to carry out such tasks (or be supervised by someone who has such competence).

Any expert/s engaged must be able to effectively communicate (by phone/email etc.) using the
English and / or Maltese language.

6.1.1 Other Experts

Not applicable

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6.4 – Equipment

The following Clauses apply to both Lot 1 and Lot 2:

6.4.1 The Contractor shall be required to provide all the necessary equipment, supply of power (where
applicable) and consumables required for the operation of the Contract.

6.4.2 The Contractor shall ensure that where applicable, any equipment used during the execution of
the Contract is duly calibrated. Any calibration certificates (for both the monitoring and
analytical sessions) shall be submitted with every result issued, to ensure that the scientific
data provided is accurate and reliable. Test reports shall NOT be accepted if calibration
certificates are not included. Should the Contracting Authority find that the Contractor is
using non-calibrated equipment the penalties stipulated in the Contract shall be applied.
Any additional work required as a result of this shortcoming shall be redone at the
Contractor’s expense.

7. Reports

7.1 - Reporting Requirements

Please refer to Section 2.3 above - Results to be achieved by the Contractor

7.2 - Submission & Approval of Progress Reports

Please refer to Section 2.3 - Results to be achieved by the Contractor. The technical report must
be written in English. The Officer in Charge of the Contracting Authority is responsible for
approving the technical report.

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SECTION 4 – SUPPLEMENTARY DOCUMENTATION

4.1 – Draft Contract Form

4.2 – Specimen Performance Guarantee

4.6 – Ultimate Beneficiary Owner (UBO) form

These are available to view and download from the ‘Resources Section’ at: www.etenders.gov.mt.

4.7 – General Conditions of Contract

The full set of General Conditions for Services Contracts (Version 4.7) can be viewed/downloaded from the
‘Resources Section’ at: www.etenders.gov.mt

It is hereby construed that the tenderers have availed themselves of these general conditions and have read
and accepted in full and without reservation the conditions outlined therein, and are therefore waiving any
standard terms and conditions which they may have.

These general conditions will form an integral part of the contract that will be signed with the successful
tenderer/s.

4.8 – General Rules Governing Tendering

The contents of this procurement document complement the latest version of the General Rules Governing
Tenders applicable on the date of the publication of this tender, the Terms of Use and the Manual for
Economic Operators applicable to Government’s e-Procurement Platform (available from the Resources
section of www.etenders.gov.mt).

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