Marsaskala Design Contest by Malta Tourism Authority

DELIVERING A DISTINCTIVE MEDITERRANEAN VISITOR EXPERIENCE

A DESIGN CONTEST FOR THE REGENERATION OF MARSASKALA MAY 2021

1. CONTENTS 1

CONTENTS

Preface

The Ministry for Tourism & Consumer Protection

Malta Tourism Authority (MTA)

Marsaskala Regeneration Project

5.1 Project Overview

5.2 Project Scope

Project Brief

6.1 Purpose of the contest

6.2 Access and target audiences

6.2.1 General principles

6.2.2 Users and target audiences

6.2.3 Physical access, visitor flow and universal accessibility 17

6.3 Specific requirements

Contest Regulations

7.1 Contest organisers and promoters

7.2 Contracting agency and authority

7.3 The aim of the contest

7.4 The type of contest

7.5 Contest language

7.6 Eligibility

7.6.1 Participation

7.7 Selection Criteria

7.7.1 The European Single Procurement Document

7.8 Technical capacity of the contestant

7.8.1 Design Team – Profiles

7.9 Multiple design contest offers

7.10 Costs

7.11 Labour Law

7.12 Law

7.13 Period of Validity of Design Contest Documents

7.14 Schedule

7.15 Prize

7.16 Contestation of rules/results (appeals)

Submission Regulations

8.1 Contest coordinators

8.2 General

8.3 Registration Fee

8.4 Questions and Answers

8.5 Documents to be provided by the Contest Organisers:

8.6 Submission of entries

8.6.1 Package 1: Design Proposal (Note 3)

8.6.2 Package 2: Eligibility and Selection Compliance (Note 2) 37

8.6.3 Package 3: Financial Offer (Note 3)

8.7 Anonymity

8.8 Confidentiality

8.9 Indemnity

8.10 Processing and Evaluation of Contest Entries

8.11 Correction of Arithmetical Errors

8.12 Composition of the Jury

8.13 Tasks and Responsibilities of the Jury

8.14 Evaluation criteria

8.15 Disqualification

8.16 Warranties

8.17 Limitation of liability

8.18 Project Implementation

8.19 Announcement of Results

8.20 Exhibition of entries

8.21 Return of entries

8.22 Commission for the Project

8.23 Notification of Award, Contract Clarifications

8.24 Ethics Clauses

9 Forms

10 Annex

2. PREFACE

“Wied il-Għajn”, or “Marsaskala”, is a picturesque maritime village in the south of Malta, tucked in between two valleys, not far from the towns of Zabbar and Zejtun. The name Marsaskala refers to a Sicilian connection as apparently the word ‘marsa’ means ‘port’ and ‘sqalli’ means ‘Sicilian’. On the other hand, the Maltese name, Wied il-Għajn means valley of the Spring. This quaint fishing village, since the late 80s and 90s has fast developed into a major destination, in the south of the island, for tourists and locals. The 90s were characterised by the first building boom, and ambitious urban regeneration projects, such as the seaside promenade from the Parish Church area to the site of the former Jerma Palace Hotel, followed by other projects, in other promenades in other parts of the village. However, Marsaskala has kept on growing, housing a circa 30,000 community in the peak summer months. Hence, the Malta Tourism Authority is embarking on this ambitious project to develop a masterplan and a vision for the upgrade and urban regeneration of the village, to respond to the needs of the mutli-national and vibrant resident community, the tourists and local visitors to Marsaskala. The urban regeneration of Marsaskala has not kept up with the pace of this fast expansion and hence Government intervention is now required to regenerate the area and projecting it into the future, in view of balancing the various needs of the different stakeholders whilst ensuring a higher quality of life for all residents, tourists and visitors to the area. The Ministry for Tourism and Consumer Protection has been interested in the matters of Marsaskala for a number of years. This area is undoubtedly one of the leading attractions in the Maltese Islands. In 2019, it is estimated that around 270,000 tourists visited Marsaskala (source: MTA Traveller Survey), apart from being one of the meccas of entertainment for locals of all ages.

Figure 1. A comparative analysis of the development of Marsaskala from 1967 [top] to 2020 [bottom] (Source: www.pa.org.mt)

3. THE MINISTRY FOR TOURISM & CONSUMER PROTECTION The mission of the Ministry is to establish and execute a tourism policy which is based on the principles of sustainable tourism development to contribute towards economic growth whilst respecting the heritage and environment of the Maltese islands. The Ministry shall strive to further improve Malta’s competitiveness as an international tourism destination of choice by working with all stakeholders to ensure that product, service and value reach all levels which will enable Malta and Gozo to continue improving the seasonal spread of tourism as well as its economic benefits. To this effect the Ministry has tasked the Malta Tourism Authority with taking the lead in the implementation of a project that allows the village to realise its full potential.

4. MALTA TOURISM AUTHORITY (MTA)

The Malta Tourism Authority (MTA) has a diverse role, but one which in essence is all about creating and fostering relationships. We are Malta’s tourism industry regulator and motivator, its business partner, the country’s brand promoter, and are here to form, maintain and manage meaningful partnerships with all tourism stakeholders. Primarily, this means talking to visitors about the Maltese Islands, but we work closely alongside our private sector partners. More importantly, we help strengthen the industry’s human resources, ensure the highest standards and quality of our tourism product, and foster relations with local and international media. The Authority was formally set up by the Malta Travel and Tourism Service Act (1999). This legislation clearly defines our role - extending it beyond that of international marketing to include a domestic, motivating, directional, co-ordinating and regulatory role. The Act strengthens the public and private partnership in tourism through greater and more direct participation by the private sector in national planning and development of the industry. Our role is: • to promote and advance Malta as a tourism destination; • to advise Government on tourism operations and to issue licences under the Act; • to contribute towards the improvement of the level of human resources in the tourism industry; • and to advise government on the planning and development of the tourism industry as well as on the infrastructure supporting the industry. Therefore, Product Development, although a small part of the MTA, plays a significant role within the local context.

5. MARSASKALA REGENERATION PROJECT 5.1. Project Overview Being one of the leading attractions in the Maltese Islands, in the southern part of the island, attracting over a quarter of a million tourists a year, the Ministry for Tourism and Consumer Protection has been interested in the matters of Marsaskala and via the Malta Tourism Authority has embarked on a regeneration project for the area. Up until the late 1980s and early 90s, Marsaskala was a quaint fishing village, with a small resident community, predominantly consisting of summer villas/houses or ‘villeġġjatura’. However, today it has grown and has become the village [c. 14000 in 2017 in winter; doubles in summer] with one of the fastest rate of population growth in the Maltese Islands [population is just about doubling every ten years or so], that has transformed the tiny fishing port of Marsaskala into the resort that it is today. Today, Marsaskala spans from Zonqor Point to St. Thomas Bay, on the seaward side, whilst on the landward side it is hemmed in by the villages of Xghajra, Zabbar, Zejtun and Marsaxlokk. The rugged coastline around Marsaskala is indeed a delight to see, but it has been the site of several shipwrecks. The most recent one involved the “Angel Gabriel” which was a Greek Tanker that split in half on September 23rd, 1969. The area is also characterised by historic remains. These range from Prehistoric times, including Cart Ruts and other megalithic remains, followed by other features from the Bronze Age, Phoenician and Roman Periods, the latter characterised by Punic Tombs, Roman Remains and Christian Catacombs. Coastal fortifications dating back to the Knights of St. John include several towers, such as the Mamo Tower, and redoubts, but none compare to the imposing St. Thomas Tower built by Grand Master Alof De Wignacourt. Due to the prowess to enemy incursions from the sea, one also finds a number of fortified farm houses. Marsaskala with its restaurants, hotels, bars and clubs, has developed into a tourist hub and an entertainment destination for locals, particularly in weekends. The locals enjoy a stroll along the promenade, stretching all the way around the bay from Żonqor Point around to the site of the former ‘Jerma Palace Hotel’, with stops on the way for drinks and snacks or for an ice-cream in the hot summer nights! Nonetheless, the rhythm and scale of the development of Marsaskala, as well as the divergent priorities of the many different stakeholders, now require a re-design of the infrastructure developed in the late 90s to ensure a better experience and/or functionality for the residential community, the tourist and the local visitor.

This project fulfils a number of national priorities including the National Tourism Policy: The basic principles of the Strategy are “Recover, Rethink, Revitalise”. The Strategy has been set with the objective of strengthening Malta’s improved attractiveness, enhanced competitiveness and maximised socio-economic returns based on the principles of sustainability, the delivery of a higher quality product experience and the fostering of a stronger bond between host population needs and visitor expectations. The Strategy is based on clear objectives and deliverables and its progress will be measured through the formulation of a wide range of KPIs including Sustainability Indicators, Economic Measurements, Social Impact Measurement, Geographic and Motivational segment measurement and forecasting, Product and Service Monitoring, Monitoring of International Trends and Developments, and the introduction of stakeholder involvement and consultation mechanisms amongst others.

Figure 2. A 1950s view of Triq ix-Xatt area of Marsakala

5.2. Project Scope The project aims at addressing the area in a holistic manner, from the macro to the micro, to enhance the experience of visitors to Marsaskala, ensuring the sustainability of the activities of all stakeholders, whilst regenerating the area, inspired from the unique values and setting of this area of the island. The project shall be the forerunner in the use of design elements, to ensure a harmonious co-existence between the different stakeholders, these broadly consisting of the business community and the residents/tourists/visitors. Furthermore, via the macro analysis, the aim is to render a more sustainable and functional urban framework. This vision must cascade to the micro environments, in particular the promenade area along Triq ix-Xatt, which design shall prioritize pedestrians over vehicular traffic, encouraging activities associated with a healthier lifestyle and wellbeing of society at large, whilst introducing/making provision for the use of sustainable elements/initiatives. The overall vision should capitalise on the roots and the spirit of the locality – the quaint fishing village on the Mediterranean Sea which is adorned by unique natural elements such as the White Cliffs of il-Munxar, the rugged rocky seaside of Iz-Zonqor, St Thomas Bay … and the list goes on! This needs to be capitalised upon. The vision needs to be ambitious and daring, proposing initiatives for a truly sustainable urban environment, to the more obvious design of paving, street lights and furniture, etc … all within one cohesive vision. This regeneration project needs to be an example to follow, making tourism driven projects a catalyst in achieving environmental sustainability.

6. PROJECT BRIEF

6.1. Purpose of the Contest The project needs to address/satisfy the requirements of the various operators and stakeholders as well as the particular realities of Marsaskala. Through this project, the Malta Tourism Authority wants to present an enhanced product of Marsaksala, to result in an enhanced environment for tourists/residents/local visitors and an adequate infrastructural backbone for the business community to operate effectively. All the above needs to be done within an environmentally sensitive manner, becoming an example for other regeneration projects to follow!

Figure 3. A mid 20th century view of Triq Ix-Xatt, Marsaskala.

The purpose of the contest is to deliver the following: 1. Macro analysis i ii iii iv v vi

An urban regeneration proposal showing: visitor/traffic flow and management ideas for green urban initiatives ideas for waste management strategy key [priority] urban regeneration projects/areas vision statement for Marsaskala

2. Masterplan a. A masterplan showing movement, connectivity and permeability (visual and physical) of the proposed scheme [of the area/extents indicated in the site plan] and the interface with its immediate surroundings, clearly identifying between vehicular and pedestrian routes, physical accessibility issues, etc. b. These schemes express the core strategies and approaches employed towards the various relationships between the various stakeholders c. These relationships should inform decisions and proposals on transportation, functions, landscaping and open space concept d. This plan should indicate classification of space arrangements, the relationship between these spaces and the surrounding buildings, hardscape and softscape areas, vehicle and pedestrian traffic and service solutions 3. Design proposal of the area from Triq Santa Tereza, the garden along Pjazza Dun Tarcis Agius, and promenade along Triq ix-Xatt, Misrah Mifsud Bonnici and Triq isSalini a. ‘Landscape’ decisions - The upgrading of the area including: i Garden (Triq Santa Tereza c/w Pjazza Dun Tarcis Agius) to the church parvis ii Pjazza Dun Tarcis Agius iii Promenade/pedestrian priority areas along Triq ix-Xatt, Misrah Mifsud Bonnici (including playground) and Triq is-Salini The proposal will include the design for the open public space, the relationship between existing buildings and the open space, the interface at ground floor level, design and material proposals for hardscape, and proposals for green infrastructure including choice of species b. General infrastructural concept and backbone infrastructure including the proposed green incentives (part of the macro vision) and proposed lighting schemes c. Detail Drawings - provide design proposals for the elements of urban identity which are complementary for urban design studies at an appropriate scale d. 3D Artist’s impression - the visuals should depict the general characteristics of the project site in a holistic manner, representing the design ideas

6.2. Access and Target Audiences 6.2.1. General Principles

The proposed regeneration project of the areas of Marsaskala, ranging from Triq Santa Tereza, the garden along Pjazza Dun Tarcis Agius, and the promenade along Triq ix-Xatt, Misrah Mifsud Bonnici and Triq is-Salini, aim at forming the blueprint and principles to be followed in the eventual rehabilitation of other areas Marsaskala. This shall be achieved, by implementing a scheme which balances out the needs of the various stakeholders, whilst resulting in a sustainable environment for a better quality of life for the community at large. A successful regeneration project masterplan can only be effective if the needs and requirements of the users and target audience needs are met, however in a new context of sustainability, improved environmental quality and a healthier quality of life.

6.2.2. Users and target audiences

The users of the site include but not exclusive to: a) Residents b) Locals/Tourists/daily visitors c) Commercial Operators d) Amateur/Professional Boat Owners e) Amateur/Professional Fishermen

6.2.3. Physical access, visitor flow and universal accessibility

One of the main challenges of the detail design of the areas under consideration is to manage the coexistence and needs of the various stakeholders, particularly the vehicular flow, whilst resulting in predominantly a pedestrian area, where pedestrians feel safe and hence can serenely experience the area.

6.3. Specific requirements The following is a list of services and amenities to be provided within the area forming part of this design contest (Chapter 6.1 – Part 3): a. b. c. d. e. f. g. h.

Visitor drop-off and collection points Rest areas and public lavatories Areas for tables and chairs Integration with overall traffic/Parking/transport strategy for Marsaskala established via the macro analysis Hard/Soft Landscaping schemes/areas and opportunities for green infrastructure Enhanced facilities for boatmen Universal accessibility initiatives Site lighting in line with the latest eco-friendly guidelines

7. CONTEST REGULATIONS

7.1. Contest Organisers and Promoters The contest organisers and promoters (also referred to as the Contracting Authority) are the Ministry for Tourism and Consumer Protection and the Malta Tourism Authority.

7.2. Contracting agency and authority. The contracting agency and authority is the Malta Tourism Authority. The Central Government Authority is the Department of Contracts.

7.3. The aim of the contest The aim of the contest is to select a multi-disciplinary Design Team (DT) that will execute the following services (but not exclusive to) throughout the project as described/included in the Draft Contract forming part the documentation issued with this contest : a) Develop the detailed design of the area of Marsaskala, ranging from Triq Santa Tereza, the garden along Pjazza Dun Tarcis Agius, and the promenade along Triq ix-Xatt, Misrah Mifsud Bonnici and Triq is-Salini b) Submit (full) development application/s to the Planning Authority c) Liaise with all authorities/service providers to install/upgrade all servicing and infrastructural considerations d) Draft tenders, including Technical Specifications, Drawings and Bills of Quantities for the implementation of the project e) Assisting the MTA to evaluate and award the works contracts (budget permitting) f) Manage and oversee and certify the implementation (contracts) of the regeneration project g) Acting as a consultant to the MTA during the entire project implementation until issuance of final completion certificates.

7.4. The type of contest The contest is a Design Contest, in accordance with Clause 157 of Subsidiary Legislation 601.03 - Public Procurement Regulations (LEGAL NOTICE 352 of 2016, as amended by Legal Notices 155 of 2017, 233 of 2017, 26 of 2018, 176 of 2018, 263 of 2018 and 195 and 301 of 2019 and Act XXVIII of 2018).

7.5. Contest language The language of the contest is English only. The design contest documentation and all correspondence and documents related to the contest, exchanged by the contestant and the Malta Tourism Authority, must be written in English. Supporting documents and printed literature furnished by the contestant may be in another language, provided they are accompanied by an accurate translation into English. For the purposes of interpretation of the contest document, the English language will prevail.

7.6. Eligibility 1. The Contest is open to Periti, Architectural Firms, Urban Designers, Town Planners, Engineering Firms, etc., having the necessary expertise to fulfil the parameters outlined below. 2. A warranted ‘Perit’ must be nominated as a team leader. In case the proposed key expert is a warranted Architect & Civil Engineer in another country which is not Malta: a. He shall hold an approval of Temporary Service by the “Board tal-Warrant TalPeriti” of Malta for the provision of civil engineering services in Malta. Proof of compliance to this requirement is to be provided in the tender submission; OR b. if the approval of Temporary Service by the “Board tal-Warrant Tal-Periti” is still in process, the correspondence for application with the “Board tal-Warrant talPeriti” must be submitted as part of the tender bid. In this regard the approval of Temporary Service by the “Board tal-Warrant Tal-Periti” must be in place before the signing of the contract. 3. The winning multi-disciplinary Design Team (DT) shall be awarded a service contract (attached) to fulfil the roles and obligations as explained elsewhere in this document.

4. Entries submitted by companies forming a joint venture/consortium must also fulfil the following requirements: a. One partner must be appointed lead partner and that appointment confirmed by submission of powers of attorney signed by legally empowered signatories representing all the individual partners. b. The submission must include a preliminary agreement or letter of intent stating that all partners assume joint and several liability for the execution of the contract, that the lead partner is authorised to bind, and receive instructions for and on behalf of, all partners, individually and collectively. c. All partners in the joint venture/consortium are bound to remain in the joint venture/consortium until the conclusion of the contracting procedure (that is, until the issuance of the final completion of the project). The consortium/joint venture winning this contract must include the same partners for the whole performance period of the contract other than as may be permitted or required by law. d. In the case of a joint venture/consortium/group of Economic Operators, the joint venture/consortium/group of Economic Operators as a whole must satisfy the criteria established in the Instructions to Tenderers. e. An economic operator may, where appropriate and for a particular contract, with regard to criteria relating to economic and financial standing and to criteria relating to technical and professional ability, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. With regard to criteria regarding educational and professional qualifications, or to relevant professional experience, economic operators may however only rely on the capacities of other entities where the latter will perform the works or services for which these capacities are required. Where an economic operator wants to rely on the capacities of other entities, it must in that case prove to the Contest Organisers that it will have at its disposal the resources necessary, for example, by producing an undertaking by those entities to that effect.

7.6.1. Participation a) The following persons will NOT be admitted to take part in the Contest: i) the Evaluation Committee ii) jurors and alternate jurors – no member of the jury shall take part, either directly or indirectly, or be entrusted either directly or indirectly with a commission connected with the carrying out of the object of the competition; iii) employees of the Ministry of Tourism & Consumer Protection and Malta Tourism Authority, nor any person who has been involved in the preparation or organization of the Contest; iv) the immediate family members of the above, as well as persons belonging to any organisation with which the above mentioned are associated as heads, staff or advisors. b) Contestants may not receive direct or indirect assistance related to the Contest from the persons mentioned above. c) Participation is open on equal terms to all natural and legal persons of the Member States of the European Union, the beneficiary country, any other country in accordance with Regulation 39 of the Subsidiary Legislation 601.03 - Public Procurement Regulations. d) Natural persons, companies or undertakings who fall under any of the conditions set out in Regulations 192 to 198 of the Subsidiary Legislation 601.03 - Public Procurement Regulations may be excluded from participation in and the award of contracts. Contestants or candidates who have been guilty of making false declarations will also incur financial penalties representing 10% of the total value of the contract being awarded. e) All materials, equipment and services to be supplied under the contract must originate in an eligible country. For these purposes, “origin” means the place where the materials and/or equipment are mined, grown, produced or manufactured and/or from which services are provided.

7.7. Selection Criteria 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.

7.7.1. The European Single Procurement Document Contestants are to fill in the ESPD questions as indicated in this document in order to be assessed whether or not they comply with the minimum standards and any other requirements established in this document. Any additional documentation should be attached to the ESPD. Contestants are to ensure that all the information requested in this PQQ document is included in the ESPD a) Exclusion (including Blacklisting) and Selection Criteria – information to be submitted through the European Single Procurement Document (ESPD) in the tender response format 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 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 declare conformity with section Part III. Exclusion criteria of the ESPD document. Nonconformity to any of the criteria included therein shall automatically disqualify the Contestant. 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. In case of a consortium all members must submit a separate ESPD response from each member of a consortium to ensure all members meet the exclusion/blacklisting criteria and relevant selection criteria. b) 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 at this stage 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 subcontracting is left empty, it will be assumed that no sub-contracting will take place (0% subcontracting).

7.8. Technical capacity of the contestant The Design Team (DT) is to include the following expertise (minimum requirements) and compile the following matrix included in the appropriate form identifying the member to fulfil the listed role:

Team Team Team Team Member 1 Member 2 Member 3 Member 4 …..

Team Leader

Architectural Design

Urban Design

Landscape Architecture

Sustainable/Environmental design

[Architectural/Landscape/Urban]

Lighting design

Civil/Road Engineer/s MEPs Engineer/s

A warranted ‘Perit’ must be nominated as a team leader. In order to be considered eligible for the award of the contract, contestants must provide evidence that they meet or exceed certain minimum qualification criteria described hereunder.

In the case of a Joint Venture, the Joint Venture as a whole must satisfy the minimum qualifications required below. All team members must be in possession of the relevant warrants and/or license, as applicable, as per current legislation, to fulfil their role within the IDT.

7.8.1. Design Team – Profiles 1. The Team Leader must be a warranted ‘Perit’ and must demonstrate both a. academic qualification at minimum Master degree level (Malta Qualifications Framework (MQF) – Level 7); and b. a minimum of 5 years proven (post-warrant) professional experience in spatial planning, urban design and landscape design. In case the proposed key expert is a warranted Architect & Civil Engineer in another country which is not Malta: a. He shall hold an approval of Temporary Service by the “Board tal-Warrant TalPeriti” of Malta for the provision of civil engineering services in Malta. Proof of compliance to this requirement is to be provided in the tender submission; b. OR c. if the approval of Temporary Service by the “Board tal-Warrant Tal-Periti” is still in process, the correspondence for application with the “Board tal-Warrant talPeriti” must be submitted as part of the tender bid. In this regard the approval of Temporary Service by the “Board tal-Warrant Tal-Periti” must be in place before the signing of the contract. The Team Leader will assume all the responsibility of the legal obligations as arising under Maltese law. This person will be required to have executive powers on site representing the DT, and handle all paperwork and documentation required for the correct execution of the Contract. S/he will serve as liaison between the Contest Organisers’s and the DT. The person selected must show skills as a communicator and facilitator, and expertise in organisational dynamics.

2. The composition of the Design Team (DT), shall include the minimum required number of Key Experts, in order to ensure the fulfilment of the various fields of expertise as outlined/required in the matrix. All members of the team are to have a Masters degree (Malta Qualifications Framework (MQF) – Level 7) as a minimum academic qualification, be in possession of a warrant/licence (as applicable) as per current legislation, and further demonstrate at least five (5) years professional experience in their respective area of expertise. The same person can fulfil more than one role/area of expertise depending on his qualifications and experience. The Design Team (DT) is to show that collectively they have enough expertise to design and implement the project. The Design Team Matrix is to be duly filled in with all the requested information together with CVs of each member of the DT clearly explaining the relevant qualifications and experiences rendering them eligible in their respective area of expertise and Declarations of Availability duly signed.

7.9. Multiple design contest offers. • A contestant may submit multiple design contest offers. • An Economic Operator may not contest for a given contract both individually and as a partner in a joint venture/consortium. • An Economic Operator may not contest both individually/partner in a joint venture/ consortium, and at the same time be nominated as a sub-contractor by any another contestant, or joint venture/consortium. • An Economic Operator may act as a sub-contractor for any number of contestants, and joint ventures/consortia, provided that it does not participate individually or as part of a joint venture/consortium, and that the nominations do not lead to a conflict of interest, collusion, or improper practice. • The Central Government Authority and/or the Contest Organisers shall ask a contestant to replace the sub-contractor within 5 working days, if during the evaluation process it transpires that a sub-contractor is either black-listed or does not satisfy the exclusioncriteria listed under PART VI of the Public Procurement Regulations. • If a Contestant does not comply with the request made by the Central Government Authority and/or the Contest Organisers under clause 3.5 his offer shall be rejected unless he proves that the sub-contractor should not be excluded under PART VI of the Public Procurement Regulations.

7.10. Costs All costs incurred by the Contestant in relation to and/or with respect to the Contest including without limitation postal charges or Internet Service Provider (ISP) charges (if applicable), all transport costs, communication charges, accommodation, meal costs and other related costs incurred by the Contestant as a result of and/or pursuant to his/her participation in the Contests shall be solely borne by the Contestant. The Contest Organisers will neither be responsible for, nor cover, any expenses or losses incurred by the contestant through site visits and inspections or any other aspect of his design contest.

7.11. 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.

7.12. Law By submitting their entries, contestants are accepting that this procedure is regulated by Maltese Law, and are deemed to know all relevant laws, acts and regulations of Malta that may in any way affect or govern the operations and activities covered by the contest and the resulting contract.

7.13. Period of Validity of Design Contest Documents. Submissions must remain valid for a period of 150 days after the deadline for submission indicated. Any contestant who quotes a shorter validity period will be rejected. In exceptional circumstances the Contest Organisers may request that contestants extend the validity of entries for a specific period. Such requests and the responses to them must be made in writing. A contestant may refuse to comply and his submission will no longer be considered for award. If the contestant decides to accede to the extension, he may not modify his submission/offer.

7.14. Schedule The process of the Contest will be carried out following the stages and dates as stipulated in the table below unless otherwise modified by the Contest Organisers. Nonetheless the Contest Organisers reserves the right to extend, suspend, modify or cancel the contest if circumstances so require and cannot be held responsible for such changes. The termination or suspension of the Contest will not give rise to any claim by the Contestants. If the Contest is then resumed by the Contest Organisers, the Contestant shall abide by the Organiser’s decision regarding resumption of the Contest. Contest Period Stage

Date

Contest Launch

25 May 2021

Site visit – familiarization*

15 June 2021

Site visit – clarification meeting*

7 July 2021

Deadline for submission of questions

24 August 2021

Deadline for sending written answers

3 September 2021

Deadline for reception of entries at Contest Secretariat

9 September 2021

Meeting of the Jury

15 September 2021

Announcement of Contest Results

29 September 2021

Exhibition of submitted schemes**

TBA

* A ‘site (familiarisation) visit’, as well as a ‘site visit/clarification meeting’ shall be organised so that prospective Contestants can acquaint themselves better with the project and site conditions. Prospective Contestants must confirm their attendance and participation in the site visits via email to designcontest.mta@visitmalta.com at least three days (end of business) prior to the scheduled event. Additional information or clarifications on the brief will not be given at the site visit, but will be done by the Contest Organisers as indicated above. All costs of visiting the site must be met by the Contestants. Minutes will be taken during the site visit and these will be communicated, together with any clarifications in response to written requests which are not addressed during the meeting, as explained elsewhere in this document. ** Dates and venue of exhibition shall be posted on www.mta.com.mt/designcontest

Meetings/visits between the Contest Organisers and individual prospective contestants during the contest period other than this meeting/site visit for all prospective contestants cannot be permitted. Should it be deemed required, more site visits could be organised.

7.15. Prize The winner shall be awarded a service contract entitled: “Service contract for the engagement of an integrated design team for the urban regeneration of Marsaksala.” The relevant (Draft) Contract, including the Special Conditions, Terms of Reference, etc., is attached to this document. All the specific or special terms and conditions included in the ‘(Draft) Contract’ must be adhered to by the Contestant and/or winner. The Contestant and/or winner shall be responsible for any taxes payable as a result of the awarded contract for services. The estimated procurement value has been based on comprehensive research including appropriate financial analysis. In the context of this design contest, the estimated procurement value, based on market research, is that of €300,000 excluding VAT. The purpose of this value shall be the guidance of prospective contestants when submitting their offer as part of this Design Contest proposal and is not to be considered as a binding capping price. Therefore, the published estimated value is not restrictive and final on the Contracting Authority. Contestants are free to submit financial offers above or below the estimated value. However, the contest organisers reserves the right to accept or reject Financial Offers exceeding the Estimated Procurement Value. Two honourable mentions shall also be chosen and will be awarded a prize of EUR3,000 for the first runner up and EUR2,000 for the second runner up.

7.16. Contestation of rules/results (appeals) The Contest Organisers reserves the right to at any time, change, amend, delete or add to the Brief and other rules and regulations including the mechanism of the Contest, such changes, however, will not result in substantial changes in the scope of this contest. Participation in the contest implies total acceptance of the rules. Any practical difficulties of interpretation or application of these rules will be solved by sovereign decision of the Contest Organisers. Hence, in registering for this Design Contest, the participants accept and agree to respect the above rules as well as the decisions of the Contest Organisers and the Jury. The Contest Organisers reserves the right to accept or reject any submission and/or to cancel the whole procedure and reject all bids. The Contest Organisers reserves the right to initiate a new design contest. Cancellation may occur where: a) the procedure has been unsuccessful, namely where no qualitatively or financially worthwhile submission has been received or there has been no response at all; b) the economic or technical parameters of the project have been fundamentally altered; c) exceptional circumstances or force majeure render normal performance of the project impossible; d) all technically compliant submissions exceed the financial resources available; e) there have been irregularities in the procedure, in particular where these have prevented fair competition Under no circumstances will the Contest Organisers be liable for damages, whatever their nature (in particular damages for loss of profits) or relationship to the cancellation of the procedure, even if the Contest Organisers has been advised of the possibility of damages. The publication of a contract notice does not commit the Contest Organisers to implement the programme or project announced. The procedure for the submission of appeals is stipulated in Part IX of Subsidiary Legislation 601.03 - Public Procurement Regulations.

8. SUBMISSION REGULATIONS

8.1. Contest coordinators The Contest coordinators will ensure that the Contest timetable is respected, and will: • supervise the reception of Contest entries and respect, at all times, the Contestants’ anonymity accordingly • co-ordinate the Contest and guarantee that the Contest runs smoothly and correctly.

8.2. General • The Contest Organisers shall not be liable to perform any of its obligations with respect to the Contest including contest regulations, conditions and rules, should circumstances arise beyond its control impeding it to do so. In such instances, the Contest Organisers shall not be liable to compensate the Contestants in any manner whatsoever. • The Contestants shall not be entitled to assign any of the rights or sub-contract any of the obligations herein if not specifically declared in their submission or without prior approval of the Contest Organisers. • All rights and privileges herein granted to the Contest Organisers are irrevocable and not subjected to rescission, restraint or injunction under any and all circumstances. Under no circumstances shall the Contestants have the right to injunctive relief or to restrain or otherwise interfere with the organisation of the Contest, the production, distribution, exhibition, and/or exploitation of the Contest and/or any product based on and/or derived from the Contest. • The invalidity, illegality or unenforceability of any terms hereunder shall not affect or impair the continuation in force of the remainder of regulations and conditions of the Contests.

8.3. Registration Fee There is no registration fee for this contest.

8.4. Questions and Answers Any competitor wishing to obtain further information or clarifications may send questions via e-mail to designcontest.mta@visitmalta.com in English. All such queries received within the deadlines indicated in the Schedule shall receive answers and will be uploaded on the Contest website www.mta.com.mt/designcontest Contestants may submit questions in writing to the Contest Organisers by sending an email to designcontest.mta@visitmalta.com up to 16 calendar days before the deadline for submission of entries. The Contest Organisers must reply to all contestants’ questions, and amend the tender documents by publishing clarification notes, up to at least 6 calendar days before the deadline for submission of entries. Questions and answers, and alterations to this document will be published as a clarification note on the website www.mta.com.mt/designcontest Clarification notes will constitute an integral part of the brief, and it is the responsibility of contestants to visit this website and be aware of the latest information published online prior to submitting their entry. The Contest Organisers may, at their own discretion, as necessary, extend the deadline for submission of entries to give contestants sufficient time to take clarification notes into account when preparing their entries.

8.5. Documents to be provided by the Contest Organisers: The Contest Organisers will provide: a) A complete Brief (and any subsequent clarifications) b) An ANNEX (downloadable here www.mta.com.mt/designcontestwith: • (Draft) Contract • Policy and Design Guidance 2015 • Access for all – Design Guidelines 2011 • Survey - pdf and dwg format • (Aerial) Footage c) Forms to be compiled by the contestant (Contestant Information) • ESPD • Key Experts □ Key Expert Form □ Design Team Matrix □ Statement of Availability □ Self-declaration form (if applicable) □ CVs of each member of the Design Team • Joint Venture □ Data on Joint Venture/Consortium (if applicable) □ Power of Attorney (in case of a joint venture) • Financial Bid

8.6. Submission of entries The bids must be submitted in English and deposited in the relevant ‘tender’ box (in line with Regulation 48(3)) before the deadline specified or as otherwise specified in subsequent clarifications. They must be submitted EITHER by recorded delivery (official postal/courier service) or hand delivered to: Malta Tourism Authority Building SCM 01, Level 3, SmartCity Malta Ricasoli SCM 1001 The inner packages must bear only package numbers 1, 2 or 3 respectively. Contestants should note that: 1. They should put their identification code (refer to section ‘Anonymity’) on all documents submitted. 2. The “copy” shall be kept, unopened, for verification purposes only should the need arise. 3. All submissions received after the deadline specified in these instructions, or subsequent clarifications, will be kept by the Contest Organisers. 4. Contestants may alter or withdraw their entries by written notification prior to the above deadline. No entry may be altered after the deadline for submission. 5. Any notification of alteration or withdrawal must be prepared, sealed, marked and submitted in an envelope marked “alteration” or “withdrawal”. 6. Contestants must ensure that their entries reach the Malta Tourism Authority within the deadlines. 7. The Malta Tourism Authority/Contest Organisers will not be held responsible for delays in transport when submissions are sent by courier service. Towards this end, Contestants are requested to indicate clearly on the package that the contents are of no commercial value. 8. The Contest Entry must be complete, accurate and sent according to the abovementioned criteria. By submitting the Contest Entry, the Contestant shall be deemed to have read, understood, accepted and agreed to be bound by the regulations and conditions of the Contest. 9. Submission of the Contest Entry does not guarantee the Contestant the opportunity to participate in the Contest. The Contest Organisers shall be entitled to reject or refuse participation by the Contestants for reasons, including (without limitation)

where the Contest Entry is not complete or any provisions in the regulations and conditions is not fulfilled or adhered to by the Contestant. 10. Entries received after the deadline will be disqualified and ineligible for consideration.

8.6.1 Package 1: Design Proposal (Note 3) 1 The submission must comprise the following (inserted in a single sealed envelope/package), both printed and in digital format: 1. An A4 document (referred to as short report) including text and images (word count not to exceed 2000 words accompanied by not more than 20 images) illustrating: 2. the design philosophy behind the project in response to the brief 3. Estimated project cost/budget at feasibility stage 4. Design presentation boards/posters (max ten) to be displayed on five separate panels each with an area of 0.9m width by 2.4m height. Any material provided is to fit within this designated area keeping in mind that the two panels provided may be separated from each other by a physical barrier. Posters must be mounted on a rigid support. a. Macro Analysis (maximum 2 posters/boards) Site plans/drawings/sketches showing the proposed concepts for i visitor/traffic flow and management ii ideas for green urban initiatives iii ideas for waste management strategy iv key [priority] urban regeneration projects/areas v vision statement for Marsaskala b. Masterplan (maximum 2 posters/boards) i Masterplan/drawings/sketches showing movement, connectivity and permeability (visual and physical) of the proposed scheme [of the area/ extents indicated in the site plan] and the interface with its immediate surroundings, clearly identifying between vehicular and pedestrian routes, physical accessibility issues, etc. ii These schemes express the core strategies and approaches employed towards the various relationships between the various stakeholders iii These relationships should inform decisions and proposals on transportation, functions, landscaping and open space concept

1 3. No rectification shall be allowed. Only clarifications on the submitted information may be requested

iv This plan should indicate classification of space arrangements, the relationship between these spaces and the surrounding buildings, hardscape and softscape areas, vehicle and pedestrian traffic and service solutions c. Design proposal of the area from Triq Santa Tereza, the garden along Pjazza Dun Tarcis Agius, and promenade along Triq ix-Xatt, Misrah Mifsud Bonnici and Triq is-Salini (maximum 6 posters/boards) i Landscape decisions □ Garden (Triq Santa Tereza c/w Pjazza Dun Tarcis Agius) to the church parvis □ Pjazza Dun Tarcis Agius □ Promenade/pedestrian priority areas along Triq ix-Xatt, Misrah Mifsud Bonnici (including playground) and Triq is-Salini The drawings will include the proposed design for the open public space, the relationship between existing buildings and the open space, the interface at ground floor level, design and material proposals for hardscape, and proposals for green infrastructure including choice of species. ii

General infrastructural concept and backbone □ The drawings will include the proposed green incentives (part of the macro vision) □ The proposed lighting schemes

iii Detail Drawings □ The participants are expected to provide design proposals for the elements of urban identity which are complementary for urban design studies. These elements should be presented with clear scales and drawing techniques. iv 3D Artist’s impression (maximum 2 posters/boards) □ Visuals - 3D visuals in the amount and dimension of the participants choice, given that one of the visuals depicts the general characteristics of the project site in a holistic manner. □ Drawings, sketches, diagrams and 2D and 3D visuals that represent their design ideas v Audio-visual presentation not longer than 2 mins (optional)

Metric scale should be used throughout. Contestants should submit in digital format the report, panels and (optional) AV presentation.

8.6.2 Package 2: Eligibility and Selection Compliance (Note 2)2 The submission must comprise the following duly completed documents (inserted in a single sealed envelope/ package): 1. General/Administrative Information a. ESPD - Compiled for contestants/all members of JV b. Power of Attorney (applicable to JV) c. Statement of Availability (All Key Experts) d. Self-declaration form (if applicable) 2. Technical Capacity a. Key Expert Form b. Design Team Matrix c. CVs of each member of the Design Team d. Data on Joint Venture/Consortium (if applicable) Contestants will be requested to either clarify/rectify any incorrect and/or incomplete documentation, and/or submit any missing documents within two working days from notification.

8.6.3 Package 3: Financial Offer. (Note 3) 3 The contestants are to submit their Financial Offer in a separate package, and include: 1. The Financial Bid in the form provided.

Tenderers will be requested to either clarify/rectify any incorrect and/or incom plete documentation, and/or submit any missing documents within five (5) working days from notification.

3. No rectification shall be allowed. Only clarifications on the submitted information may be requested

8.7. Anonymity Contest entries are to be presented anonymously. All documents submitted will be identified exclusively by an alphanumeric identification code of the Contestants’ choice, consisting of a six-digit number followed by two letters. This identification code, 1cm high, will be placed at the right-hand upper corner of all documents/pieces submitted. No other identification will appear on panels or documents. The identification envelopes, including all the relevant Annexes and documentation as specified in the (Draft) Contract dossier, as per provided templates, accompanying the entries will not be opened until the Jury has made its decision and forwarded it to the Evaluation Committee. Anonymity will then be lifted.

8.8. Confidentiality The Contestant shall treat all the regulations, conditions and rules of the Contest with strict confidentiality. All information obtained by the Contestant in relation to and/or in connection with the Contest, including without limitation the Contest Organisers business and operational details, the contest mechanics, the judging/ adjudication criteria for the Contest (hereafter collectively known as “Confidential Information”), shall be treated as confidential. The Contestant, shall, during and after the Contest Period, take all reasonable precautions to prevent disclosures of the Confidential Information to unauthorized persons or entities for any reason whatsoever and undertakes to deliver to the Organiser all tangible material embodying the Confidential Information.

8.9. Indemnity The Contestants forever waive, release and discharge the Contest Organisers, from and against, any and all liabilities, costs, loss, damages or expenses which the Contestant, or any party claiming through the Contestant hereafter may have arising out of acceptance of any award or participation in the Contest including (but not limited to) personal injury and damage to property and whether or not direct, consequential or foreseeable. The Contestant shall indemnify the Contest Organisers, from and against all liability, cost, loss or expenses suffered thereby as a result of the Contestant’s breach of the Contestant’s warranties and undertakings and any breach of the regulations and/or conditions and/or rules of the Contest.

8.10. Processing and Evaluation of Contest Entries An Evaluation Committee, consisting of a chairperson, secretary and three voting members, will open the Contest entries, on the date and time indicated in the Schedule. Envelopes marked “withdrawal” will be read out first. During the opening session, Package 1 shall be opened. The Evaluation Committee shall draw up a list of ‘Summary of Entries Received’ with the identification codes of the projects and a progressive order number that must not correspond to the order in which the entries were delivered and published on the notice board at the Malta Tourism Authority and shall also be available to view on: www.mta.com.mt/designcontest At the opening stage, Packages 2 and 3 shall not be opened, but will only be opened by the Evaluation Committee following the conclusions of the Jury. Once the entries have been opened, no information about the examination, clarification, evaluation or decisions about the contract award may be disclosed before the notification of award.

Part 1: Design Evaluation by the Jury The Evaluation Committee will confirm the contents of Package 1 which shall then be forwarded to the Jury. In order to ensure anonymity, the information forwarded to the Jury shall solely include: 1. A short report 2. Design panels 3. Audio visual presentation (optional) The Jury shall evaluate the proposals as per evaluation grid included in Section 8.14. The conclusions of the Jury, including the minutes and respective marks, shall be forwarded to the Evaluation Committee. Any late submissions or submissions non-conformant to the instructions given in the design brief shall not be forwarded to the Jury for consideration. Only entries with an average score of 70 or more shall be taken through the whole evaluation process through to the financial evaluation, however, all entries shall be evaluated for technical compliance. Part 2: Administrative and Technical Compliance On receipt of the information from the Jury, the Evaluation Committee shall then open and process the contents of Package 2 to check the compliance of submissions with the instructions given in this design brief. The Evaluation Committee shall request clarifications/rectifications in respect of incomplete/ non-submitted information pertinent to the documentation as explained in Section 8.6. Only contestants with a technical average score of at least 75 points will qualify for the financial evaluation. Out of the submissions reaching this minimum threshold, the best proposal is awarded 100 points. The others receive points calculated using the following formula: Technical score = final score of submission in question final score of the best technical offer

x 100

The Evaluation Committee will then prepare a report with its recommendations. These shall be published on the notice board at the Malta Tourism Authority and shall also be available to view on www.mta.com.mt/designcontest and following the elapsing of the appeals period/process, the opening of Package 3 shall ensue.

Part 3: Financial Evaluation The financial offers for submissions which were not eliminated, i.e. those which have achieved an average score of 75 points or more from the Jury, will be evaluated. On opening Package 3, the administrative compliance with regards to the contents thereto (Tender Form, Financial Offer, etc.) shall be evaluated. The Evaluation Committee will check that the financial offers contain no arithmetical errors. The tender with the lowest financial offer receives 100 points. The others are awarded points by means of the following formula: Financial score = lowest financial offer ___ x 100 financial offer of the tender being considered Part 4: Award The quality of each technical offer will be evaluated in accordance with the award criteria and the associated weighting as detailed in the evaluation grid of this design brief. No other award criteria will be used. The award criteria will be examined in accordance with the requirements as indicated in this document. The BPQR (Best Price Quality Ratio) is established by weighing technical quality against price on an 80/20 basis respectively. This is done by multiplying: the technical scores awarded to the offers by 0.80 the financial scores awarded to the offers by 0.20 The final ranking of the submissions shall then be calculated and the recommendation for award, results and price (after arithmetic checks) including the identification codes and contestants’ names, shall be published on the notice board at the Malta Tourism Authority and shall also be available to view on www.mta.com.mt/designcontest

8.11. Correction of Arithmetical Errors. Admissible submissions will be checked for arithmetical errors by the Evaluation Committee. Errors will be corrected as follows: a) where there is a discrepancy between amounts in figures and in words, the amount in words will prevail; b) where there is a discrepancy between a unit price and the total amount derived from the multiplication of the unit price and the quantity, the unit price as quoted will prevail. The amount stated in the offer will be adjusted by the Evaluation Committee in the event of error, and the contestant will be bound by that adjusted amount. If the contestant does not accept the adjustment, his submission will be rejected. When analysing the submission, the Evaluation Committee will determine the final price after adjusting it on the basis of this clause.

8.12. Composition of the Jury The Jury will be composed of seven (7) members (including the Chairman) and two (2) deputy members. The Jury shall be composed exclusively of natural persons who are independent of participants in the contest. At least a third of the members of the jury shall have a qualification that is related to the subject of the contest.

8.13. Tasks and Responsibilities of the Jury. The Jury shall evaluate the design submissions, anonymously and solely on the basis of the criteria indicated in the contest notice. The Jury will draw up the ranking of the submissions, based on the average of the marks awarded to each offer by the respective member, and draft the final report with the necessary recommendations, remarks and any clarifications. All members will sign the report. Deputy members will attend all Jury sessions without having the right to vote, unless called upon to replace a voting member. If a Jury member is absent from the first meeting he will be replaced by a deputy for the entire process. In the case of a short absence, a deputy member will replace a titular member. A prolonged absence would lead to the titular member being replaced for the remainder of the meeting.

Anonymity shall be observed throughout the entire process. The Jury may seek any technical and specialist advice as deemed necessary, at any point during the process. Information concerning checking, explanation, opinions and recommendations concerning the award of contract, may not be disclosed to contestants or any other person not officially involved in the process unless otherwise permitted or required by law.

8.14. Evaluation criteria Each member of the Jury shall evaluate the design submissions and mark each entry using the criteria and Evaluation Grid below:

Criterion

Max Score

Presentation

1.1 Clarity of design proposal

Concept/Idea

Reference

The way the design is portrayed, using the media described in the design contest brief, shall ensure that the design intent Section 6.1; is clearly legible, the salient Section 8.6 features of the scheme clearly identifiable, and the overall feel of the project effectively translated in the graphics.

quality of thought and design 2.1 intent - underlying concept for 10 the regeneration proposal 2.2

effectiveness strategies to scope

Notes

of principles/ achieve project 10

Section 5.2

Improvement of the urban 2.3 ‘character’ and promote 5 healthy lifestyle/ well-being

The innovative concept, should be a strong design statement, , proposing out-of-the-box ideas and solutions to the challenges being addressed.

Spaces/Program

functionality - stakeholder 3.1 10 management – balance 3.2

site dynamics prioritisation

3.3

service routes management

Contextual response

4.1

Scheme addresses realities of Marsaskala

4.2

green philosophy/sustainability 5 incentives

4.3

landscaping details/lighting 5 solutions (avoid light pollution)

Design Output – final outcome and solutions

5.1

pedestrian

and

new

Section 6.2

The overarching scope of the design contest is to balance the stakeholders need whilst shifting towards a more sustainable environment and pedestrian prioritisation.

Design addresses new realities/over development of area – the project Section 5.2; aim to balance the Section 6.2 uses/stakeholders whilst promoting green incentives.

quality of design scheme/ 10 materials

The exposure of the site to Section 5.2; the salt-laden environment Section 6.2; presents a challenge in Section 8.6 ensuring the maintenance/ sustainability of the scheme.

The overall budget (at S e c t i o n feasibility stage) vis-à-vis 8.6.1; maintenance/sustainability costs.

Section 5.2; The ‘low-maintenance’ aspect Section 6.2; shall ensure a sustainable Section 8.6 investment.

5.2

Cost effectiveness/budget

5.3

Long term Sustainability investment - maintenance

Total

100

Scale of 5

Scale of 10

0 to 2

3 to 4

5 to 6

7 to 8

9 to 10

Very Poor

Poor

Average

Good

High

2.1 Concept

Very Poor

Poor

Average

Good

High

2.2 Effectiveness’

Very Low

Low

Average

High

Very High

2.3 Attractiveness

Very Low

Low

Average

High

Very High

1.1 Clarity of design

3.1 Functionality

Very Low

Low

Average

High

Very High

3.2 Pedestrianisation

Very Low

Low

Average

High

Very High

3.3 Efficiency

Very Low

Low

Average

High

Very High

4.1 Contextuality

Very Poor

Poor

Average

Good

High

4.2 Sustainability

Very Low

Low

Average

High

Very High

4.3 Avoidance

Very Low

Low

Average

High

Very High

5.1 Quality

Very Poor

Poor

Average

Good

High

5.2 Feasibility

Very Low

Low

Average

High

Very High

5.3 Maintenance

Very High

High

Average

Low

Very Low

When evaluating the design submissions, each member of the Jury will perform a SWOT analysis of each design provided, in terms of the requirements of the design contest document, as outlined in the tables above, and awards each offer a score out of a maximum 100 points in accordance with the criteria outlined in this document. The average technical score is arrived at by adding the individual weighted scores by each jury, divided by the number of members on the jury. Contestants should note that the above-mentioned criteria are not ranked in order of importance.

8.15. Disqualification The Contest Organisers reserves the right to disqualify/exclude Contestants and/or revoke the award (at any stage of the Contest) if: 1. 2. 3. 4.

The Contestant does not meet the eligibility criteria as set out in Section 6.6; The deadlines indicated in these regulations have not been respected; Anonymity is disclosed during Contest phase; In the Contest Organisers’ sole determination, it is believed that the Contestant has attempted to undermine and/or influence the operation of the Contest and influencing the decision of the Jury, by fraud, cheating and/or deception; 5. Any of the conditions, regulations or specifics are breached or disregarded; and 6. Any of the material listed in the submissions section is omitted. In the event of disqualification after award/signing of contract, the procedures as specified in the (Draft) Contract document shall be applied. Any attempt by a contestant to approach any member of the Evaluation Committee/ Contest Organisers directly during the evaluation period will be considered legitimate grounds for disqualification of the submission.

8.16. Warranties 1. The Contestant represents and warrants the Contest Organisers, that: • The Contestant has the right, authority and power to enter into the Contest in accordance with the regulations and conditions and shall provide such proof as the Contest Organisers requires; • The Contestants is not a bankrupt or an un-discharged bankrupt as declared through the submission of the ESPD; • All the statements submitted to the Contest Organisers are true, correct, accurate and complete.

2. In consideration of the Contest Organisers offering the Contestant the opportunity to ` participate in a Contest, the Contestant hereby unconditionally and irrevocably: • Agrees that if so required by the Contest Organisers, the winner shall make himself/herself available (without compensation) for the production, recording and publicity of the Contest during such time and productions schedule as may be notified by the Organiser; • Agrees and consents that the Contest Organisers shall have right and absolute discretion to use the information submitted with the contest entry. All copyright shall belong to the Contest Organisers absolutely; • The Contestant warrants that all intellectual property rights, in the form of (but not limited to) photographs, drawings, etc., does not infringe any third-party intellectual property rights; • Agrees that the Contest Organisers reserves the right, at its sole and absolute discretion, to use and exploit the Intellectual Property via any means or media and in any manner it deems fit without first obtaining any consent nor making any payment whatsoever to the Contestant and/ or Contest Winner (and/or Honourable Mentions) and/or representatives; • Confirms that the Contestant has read and understood the regulations and conditions of the Contest and the Contestant agrees to abide by the said regulations and conditions accordingly and agrees to cooperate and to follow all directions given to the Contestant; • Agrees that award(s) adjudicated in the Contest is contingent upon the accuracy of the information provided and disclosures made by the Contestant and the full and complete performance of the Contestants warranties, undertakings and obligations hereunder; • Agrees that the Contestant shall not by act or omission, directly or indirectly, bring the Contest Organisers into disrepute; • Agrees that the Contestant shall not without prior written consent of the Contest Organisers publish or disclose any information in connection with the Contest and/or award (including without limitation, to any representatives of media in any form whatsoever); • Agrees that the Contestant shall not give any product endorsement, any interviews or be involved in any articles or reports in respect of the Contest or the award with any third party; • Agrees that the Contestant’s participation in the Contest does not entitle the Contestant to wages, salary or any other compensation other than those mentioned in this document.

8.17. Limitation of liability The Contestant acknowledges that his/her participation in the Contest shall be at his/her own risks. The Contest Organisers, its directors, officers and employees, shall not be liable to any Contestant in respect of any failure to win the Contest and/or any other loss, damages, costs, expenses, claims, liabilities, injury, death, accidents suffered by the Contestant during the Contest or arising out of or in connection with the Contest, the participation by the Contestant in the Contest and/or the awarded contract.

8.18. Project Implementation The contestant winning the Contest will be commissioned to carry out the tasks as per conditions and schedule outlined in the attached draft contract throughout the project implementation: “Service contract for the engagement of an integrated design team for the urban regeneration of Marsaksala.”

8.19. Announcement of Results The results of the various stages of the contest will be published on the notice board at the MTA and shall also be available to view on www.mta.com.mt/designcontest

8.20. Exhibition of entries In the weeks following the announcement of the results of the Contest, all designs, including those disqualified by the Evaluation Committee/Jury, shall be publicly exhibited. The dates and place/s of the exhibition will be communicated to all participants.

8.21. Return of entries All submissions shall remain the property of the Contest Organisers.

8.22. Commission for the Project The Contest Organisers shall entrust the author of the winning scheme, with the commission for the project, in the form of a service contract. The relevant Service Contact, the Terms of Reference, etc., are attached to this document. The members of the integrated design team shall not participate, in any way, in any eventual works contract\s ensuing from this contest.

8.23. Notification of Award, Contract Clarifications Prior to the expiration of the period of validity of entries, the Contest Organisers will notify the successful contestant, in writing, that his submission has been recommended for award by the General Contracts Committee, pending any appeal being lodged in terms of Part IX of Subsidiary Legislation 601.03 - III of the Public Procurement Regulations. Unsuccessful contestants shall be notified with the outcome of the evaluation process, and will be provided the following information: a) b) c) d) e)

the criteria for award; the name of the successful contestant; the recommended price of the successful contestant; the strengths and weaknesses of the technical offer against the BPQR points; the score obtained by the unsuccessful contestant, and the score of the successful contestant; f) the deadline for filing a notice of objection (appeal); g) the deposit required if lodging an appeal. The recommendations shall be published on the Notice Board at the Malta Tourism Authority and published online on www.mta.com.mt/designcontest Following the lapse of the appeals period, and pending that no objections have been received and/or upheld, the successful contestant may be invited to clarify certain contractual questions raised therein. Such clarification will be confined to issues that had no direct bearing on the choice of the successful entry. The outcome of any such clarifications will be set out in a Memorandum of Understanding, to be signed by both

parties and incorporated into the contract. Within 15 calendar days of receiving the contract (against acknowledgment of receipt) from the Contest Organisers, the successful contestant will sign and date the contract and return it to the Contest Organisers with the performance guarantee and the Financial Identification Form (if applicable). On signing of the contract by the Contest Organisers, the successful contestant will become the Contractor and the contract will enter into force. Prior to the signing of the contract by the Contest Organisers with the successful contestant, the successful contestant may be requested to provide the documentary proof or statements required to show that it does not fall into any of the exclusion situations listed in the Design Contest Form. The above-mentioned documents must be submitted by every member of a Joint Venture/Consortium (if applicable). The selected contestant shall, within 15 days of receipt of the contract agreement, sign the contract, and return it together with other required documentation, and a performance guarantee of 4% of the contract value to the Contest Organisers. The Contest Organisers will not endorse the contract until the performance guarantee is submitted. In case of failure to comply with such obligations, the Contest Organisers may consider the acceptance of the tender to be cancelled without prejudice to the Contest Organisers’s right to seize the guarantee, claim compensation or pursue any other remedy in respect of such failure, and the successful contestant will have no claim whatsoever on the Contest Organisers. The contestant whose bid has been evaluated at second place may be recommended for award, and so on and so forth. Only the signed contract will constitute an official commitment on the part of the Contest Organisers, and activities may not begin until the contract has been signed by the Contest Organisers and the successful contestant. Following the signing of the contract by both parties, a written notice of commencement of the services shall be issued, in accordance with the General Conditions, as specified by the Special Conditions. The Contractor must inform the Contest Organisers’s representative by return that he has received the notice.

8.24. Ethics Clauses Any attempt by a candidate or contestant to obtain confidential information, enter into unlawful agreements with competitors or influence the committee or the Contest Organisers during the process of examining, clarifying, evaluating and comparing entries will lead to the rejection of his candidacy or tender and may result in administrative penalties. Without the Contest Organisers’s prior written authorisation, the Contractor and his staff or any other company with which the Contractor is associated or linked may not, even on an ancillary or sub-contracting basis, supply other services, carry out works or supply equipment for the project. This prohibition also applies to any other programmes or projects that could, owing to the nature of the contract, give rise to a conflict of interest on the part of the Contractor. When putting forward a candidacy, the candidate or contestant must declare that he is affected by no potential conflict of interest, and that he has no particular link with other contestants or parties involved in the project. The Contractor must at all times act impartially and as a faithful adviser in accordance with the code of conduct of his profession. He must refrain from making public statements about the project or services without the Contest Organisers’s prior approval. He may not commit the Contest Organisers in any way without its prior written consent. For the duration of the contract, the Contractor and his staff must respect human rights and undertake not to offend the political, cultural and religious morals of Malta. The Contractor may accept no payment connected with the contract other than that provided for therein. The Contractor and his staff must not exercise any activity or receive any advantage inconsistent with their obligations to the Contest Organisers. The Contractor and his staff are obliged to maintain professional secrecy for the entire duration of the contract and after its completion. All reports and documents drawn up or received by the Contractor are confidential. The contract governs the Parties’ use of all reports and documents drawn up, received or

presented by them during the execution of the contract. The Contractor shall refrain from any relationship likely to compromise his independence or that of his staff. If the Contractor ceases to be independent, the Contest Organisers, regardless of in Jury, terminate the contract without further notice and without the Contractor having any claim to compensation. The bids concerned will be rejected or the contract terminated if it emerges that the award or execution of a contract has given rise to unusual commercial expenses. Such unusual commercial expenses or commissions not mentioned in the main contract or not stemming from a properly concluded contract referring to the main contract, commissions not paid in return for any actual and legitimate service, commissions remitted to a tax haven, commissions paid to a recipient who is not clearly identified or commissions paid to a company which has every appearance of being a front company. Any personal data submitted in the framework of the procurement procedure and/or subsequently included in the contract shall be processed pursuant to the Data Protection Act (2001). It shall be processed solely for the purposes of the performance, management and follow-up of the procurement procedure and/or subsequent contract by the Contest Organisers without prejudice to possible transmission to the bodies charged with a monitoring or inspection task in conformity with National and/or Community law.

9. FORMS

Forms To be downloaded from the website www.mta.com.mt/designcontest

10. ANNEX

To be downloaded from the website www.mta.com.mt/designcontest • • • • •

(Draft) Contract Policy and Design Guidance 2015 Access for all – Design Guidelines 2011 Survey - pdf and dwg format (Aerial) Footage