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Expression of Interest

Malta Air Traffic Services Ltd. (MATS) is interested to lease fifteen (15) brand new vehicles of the following categories:-

– 2 (Two) of Type 1 vehicles to be used by Support Staff at a price not exceeding €5,000 per annum excluding VAT.
– 9 (Nine) of Type 2 vehicles to be used by Senior Heads at a price not exceeding €6,300 per annum excluding VAT.
– 3 (Three) of Type 3 vehicles to be used by Chief Officers at a price not exceeding €7,300 per annum excluding VAT.
– 1 (One) of Type 4 vehicle to be used by Chief Executive Officer at a price not exceeding €8,300 per annum excluding VAT.

All vehicles must have the following minimum specifications:-

Condition:  Brand new

Date of manufacture: 2019 or later

Model: Bidder to specify model and year of manufacture; all vehicles in each category are to be of the same model.

EURO class: Minimum EURO 6

Doors: Minimum 5 doors

Colour: White or silver or black or blue

Engine: The engine must be either Petrol Hybrid or Petrol Plug-in Hybrid

BHP: Minimum 90

CO2 Emissions: Maximum 130 g CO2/km

  • The motor vehicles must be compliant with safety standards as stipulated by EU and Maltese Legislation.
  • All motor vehicles shall be validly licensed and duly certified by Transport Malta.
  • Two sets of keys are to be provided for each motor vehicle.
  • MATS reserves the right to request maintenance/repairs as it deems necessary. A replacement vehicle, of the same category, must be provided on the same day for the duration of the maintenance/repairs, which should not exceed a maximum of twelve (12) weeks. If the maximum period is exceeded, a vehicle of the same category and age of the leased vehicle in question must be provided to MATS.
  • In case of accident breakdowns, the Service Provider is to furnish MATS with a replacement vehicle of the same category on the same day for the duration of the repairs, which should not exceed a maximum of twelve (12) weeks. If the maximum period is exceeded, a motor vehicle of the same category and age of the leased vehicle in question must be provided to MATS.
  • A 24/7 road side assistance service must be provided for the vehicles in both Malta and Gozo
  • Any traffic contravention related to any of the leased vehicles, must be immediately referred to MATS, giving sufficient details of the contravention.
  • Vehicles must be insured fully comprehensive (21 years of age and over). Service Provider will upkeep all types of insurances related to the vehicles.
  • The duration of the leasing contract shall be of five (5) years. The motor vehicles are to be supplied and delivered by not later than 1st April, 2021.
  • Bidders must provide the technical specifications of the vehicles including the technical sheet where the CO2 emissions are stated.

The Service Provider shall present at the end of each calendar month a statement listing the registration numbers of the vehicles leased during that month and the number of days the vehicles were leased. On the basis of this statement, a monthly invoice for leasing charges shall be submitted to MATS.

MATS will pay the Service Provider the monthly invoice within 30 days from submission.

Application

MATS shall have the right, without prejudice to its other rights or remedies, to terminate the leasing agreement immediately by written notice to the Service Provider:-
– If the Service Provider is dissolved or struck off the register of companies or a winding-up order is made against the Service Provider or a meeting is convened, resolution passed or any step was taken by the Service Provider with a view to the winding-up of the Service Provider, except for the purpose of a solvent reconstruction, reorganization, merger or consolidation which is previously notified to MATS;
– If a receiver, administrative receiver, liquidator, insolvency practitioner, or similar officer shall be appointer over the whole or a substantial part of the undertaking, property or assets of the Service Provider;
– If the Service Provider is unable to pay its debts or is insolvent as defined in section 214 of the Companies Act, (Capt. 386 of the laws of Malta);
– If the Service Provider enters into (or proposes to enter into) a composition, scheme of arrangement or voluntary arrangement with any of its creditors or otherwise or a moratorium is agreed, imposed, or declared in respect of or affecting all or material of the debts of the Service Provider;
– If the Service Provider is in material breach of the Lease Agreement and either such breach is not capable of remedy or, if the breach is capable of remedy, the Service Provider has failed to remedy the breach with fifteen (15) days of receiving written notice requiring it to do so;
– If the Service Provider repeatedly commits a non-material breach of the Lease Agreement.

Termination of the Lease Agreement for any reason shall be without prejudice to the accrued rights and liabilities of the parties on the date of such termination or expiry.

The Service Provider shall have the right to terminate the lease Agreement if MATS is in the delay of paying the invoices due or is other in material breach of the Lease Agreement and, following a request in writing to MATS requesting that MATS affect any such outstanding payment or remedy such material breach, MATS fails to effect such payment or remedy such material breach within thirty (30) days from the receipt of the request in writing from the Service Provider.

Note

The parties shall seek to resolve any dispute amicably between them. If, after thirty (30) days from the commencement of such informal negotiations, the Service Provider and MATS have been unable to resolve amicably a dispute, either party may require that the dispute be referred for arbitration under the Malta Arbitration Act.

The number of arbitrators shall be three (3). Each of the parties shall appoint an arbitrator, with the third arbitrator, who shall act as the presiding arbitrator of the tribunal, being appointed by the Chairman of the Arbitration Centre in Malta. The arbitral tribunal may, to the extent legally permitted, determine the rules of procedure to be observed in the proceedings.

The commencement of any arbitral proceeding hereunder shall not of itself excuse either party from performing all its obligations under the leasing Agreement.

The substantive law regulating the Agreement shall be Maltese Law.

In submitting interest for negotiations, the interested party accepts in full and its entirety the content of this document, including subsequent Clarifications that may be issued by MATS.

Submissions must be provided in pdf formats. When links are provided for Technical Specification, these should lead to the website and must not require the downloading of any programs, the creations of accounts or other functions. Other formats will not be considered.

In evaluating the offers, apart from the price, MATS will also give due consideration to the features, technical specifications, and to the fuel consumption of all motor vehicle types.

All Expressions of Interest should be sent by email on tenders@maltats.com by 10.00 am on Wednesday 25th November 2020.

Terms of Reference
All vehicles must have the following minimum specifications:-

Condition:  Brand new

Date of manufacture: 2019 or later

Model: Bidder to specify model and year of manufacture; all vehicles in each category are to be of the same model.

EURO class: Minimum EURO 6

Doors: Minimum 5 doors

Colour: White or silver or black or blue

Engine: The engine must be either Petrol Hybrid or Petrol Plug-in Hybrid

BHP: Minimum 90

CO2 Emissions: Maximum 130 g CO2/km

Conditions

  • The motor vehicles must be compliant with safety standards as stipulated by EU and Maltese Legislation.
  • All motor vehicles shall be validly licensed and duly certified by Transport Malta.
  • Two sets of keys are to be provided for each motor vehicle.
  • MATS reserves the right to request maintenance/repairs as it deems necessary. A replacement vehicle, of the same category, must be provided on the same day for the duration of the maintenance/repairs, which should not exceed a maximum of twelve (12) weeks. If the maximum period is exceeded, a vehicle of the same category and age of the leased vehicle in question must be provided to MATS.
  • In case of accident breakdowns, the Service Provider is to furnish MATS with a replacement vehicle of the same category on the same day for the duration of the repairs, which should not exceed a maximum of twelve (12) weeks. If the maximum period is exceeded, a motor vehicle of the same category and age of the leased vehicle in question must be provided to MATS.
  • A 24/7 road side assistance service must be provided for the vehicles in both Malta and Gozo
  • Any traffic contravention related to any of the leased vehicles, must be immediately referred to MATS, giving sufficient details of the contravention.
  • Vehicles must be insured fully comprehensive (21 years of age and over). Service Provider will upkeep all types of insurances related to the vehicles.
  • The duration of the leasing contract shall be of five (5) years. The motor vehicles are to be supplied and delivered by not later than 1st April, 2021.
  • Bidders must provide the technical specifications of the vehicles including the technical sheet where the CO2 emissions are stated.

Invoicing and payments
The Service Provider shall present at the end of each calendar month a statement listing the registration numbers of the vehicles leased during that month and the number of days the vehicles were leased. On the basis of this statement, a monthly invoice for leasing charges shall be submitted to MATS.

MATS will pay the Service Provider the monthly invoice within 30 days from submission.

Consquences of Termination

Application

MATS shall have the right, without prejudice to its other rights or remedies, to terminate the leasing agreement immediately by written notice to the Service Provider:-
– If the Service Provider is dissolved or struck off the register of companies or a winding-up order is made against the Service Provider or a meeting is convened, resolution passed or any step was taken by the Service Provider with a view to the winding-up of the Service Provider, except for the purpose of a solvent reconstruction, reorganization, merger or consolidation which is previously notified to MATS;
– If a receiver, administrative receiver, liquidator, insolvency practitioner, or similar officer shall be appointer over the whole or a substantial part of the undertaking, property or assets of the Service Provider;
– If the Service Provider is unable to pay its debts or is insolvent as defined in section 214 of the Companies Act, (Capt. 386 of the laws of Malta);
– If the Service Provider enters into (or proposes to enter into) a composition, scheme of arrangement or voluntary arrangement with any of its creditors or otherwise or a moratorium is agreed, imposed, or declared in respect of or affecting all or material of the debts of the Service Provider;
– If the Service Provider is in material breach of the Lease Agreement and either such breach is not capable of remedy or, if the breach is capable of remedy, the Service Provider has failed to remedy the breach with fifteen (15) days of receiving written notice requiring it to do so;
– If the Service Provider repeatedly commits a non-material breach of the Lease Agreement.

Termination of the Lease Agreement for any reason shall be without prejudice to the accrued rights and liabilities of the parties on the date of such termination or expiry.

The Service Provider shall have the right to terminate the lease Agreement if MATS is in the delay of paying the invoices due or is other in material breach of the Lease Agreement and, following a request in writing to MATS requesting that MATS affect any such outstanding payment or remedy such material breach, MATS fails to effect such payment or remedy such material breach within thirty (30) days from the receipt of the request in writing from the Service Provider.

Dispute resolution

Note

The parties shall seek to resolve any dispute amicably between them. If, after thirty (30) days from the commencement of such informal negotiations, the Service Provider and MATS have been unable to resolve amicably a dispute, either party may require that the dispute be referred for arbitration under the Malta Arbitration Act.

The number of arbitrators shall be three (3). Each of the parties shall appoint an arbitrator, with the third arbitrator, who shall act as the presiding arbitrator of the tribunal, being appointed by the Chairman of the Arbitration Centre in Malta. The arbitral tribunal may, to the extent legally permitted, determine the rules of procedure to be observed in the proceedings.

The commencement of any arbitral proceeding hereunder shall not of itself excuse either party from performing all its obligations under the leasing Agreement.

The substantive law regulating the Agreement shall be Maltese Law.

Sumission of Interest
In submitting interest for negotiations, the interested party accepts in full and its entirety the content of this document, including subsequent Clarifications that may be issued by MATS.

Submissions must be provided in pdf formats. When links are provided for Technical Specification, these should lead to the website and must not require the downloading of any programs, the creations of accounts or other functions. Other formats will not be considered.

In evaluating the offers, apart from the price, MATS will also give due consideration to the features, technical specifications, and to the fuel consumption of all motor vehicle types.

All Expressions of Interest should be sent by email on tenders@maltats.com by 10.00 am on Wednesday 25th November 2020.