03.1 PROJECT SCOPE AND OVERVIEW
This call is for the submission of designs for a figurative bronze monument to be erected in honour of Dr Karmenu Mifsud Bonnici after his passing away on the 5 November, 2022.
The style of the figurative sculpture is the prerogative of the artist. The monument shall be located in Castille Square as indicated in this document. The scope of the works includes the pedestal and ancillary works (including lighting).

04 PROJECT BRIEF

04.1 PURPOSE OF THE CALL FOR PROPOSALS
The purpose of the contest is to deliver the following:
• An artist impression of the monument in the proposed context (Max A2)
• A description of the philosophy and design intent (one-page A4)
All design proposals must clearly address the project scope.

04.2 INDICATIVE BUDGET AND MEDIUM
The indicative budget for the design, supply and installation of the monument (including pedestal and all ancillary works including lighting) is circa €150,000, all inclusive.
The jury evaluating submitted projects will also be reviewing the ‘tentative breakdown of costs’ submitted with the entry, and forwarding recommendations accordingly.

04.3 SITE
The monument shall be located in Castille Square as indicated in the site plan below.
Figure 1. Indicative location of monument in Castille Square, Valletta.

05 REGULATIONS

05.1 PROMOTER

The promoter/organizer of this call for proposals is Heritage Malta.

05.2 SECRETARIAT

Bidders may contact the secretariat and submit questions in writing to the Organiser by sending an email to tenders.heritagemalta@gov.mt up to the deadline stipulated in the timetable.

05.3 TYPE OF CALL

This call for proposals is an open (anonymous) two-stage process, in accordance with the principles outlined in the Public Procurement Regulations.

05.4 LANGUAGE

The recognised languages for this call for proposals are Maltese or English.
The documentation, all correspondence and documents related to this call exchanged by the participant and the Organiser must be written in Maltese or English.

05.5 ELIGIBILITY

The call is open to all interested participants fulfilling the parameters outlined below:

• Works must be original
• Works must be exclusively and specifically prepared/used and for the sole purpose of this call for proposals
• Proposals may be submitted individually or as a group
• Each participant, solo or group, may submit up to two proposals

PARTICIPATION
For the purpose of this call for proposals, the following shall not be involved in any of the submitted proposals, directly and\or indirectly, or entrusted, both directly and\or indirectly, with the development, construction or execution of the proposal submitted:

• Selected jury members and external consultants which the jury may wish to consult
• Employees of the Organiser, nor any person who has been involved in the preparation or organization of this call for proposals
• 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.

Participants may not receive direct or indirect assistance related to the call for proposals from the persons mentioned above.

05.6 COSTS
All costs incurred by the participant in relation to and/or with respect to the call, including but not limited to postal charges or Internet Service Provider (ISP) charges (if applicable), all transport costs, travel, communication charges, accommodation, meal costs and other related costs shall be solely borne by the participant.
The Organiser will neither be responsible for, nor cover, any expenses or losses incurred by the participant/s for any other aspect of this call for proposals.

05.7 EXPLANATIONS/CLARIFICATION NOTES
Participants/registered bidders may submit questions in writing to the Organiser on email tenders.heritagemalta@gov.mt. Emails will be received, acknowledged and answered up to the date specified in the Timetable. The Organiser shall reply to all questions forwarded by participant/s and publish all clarification notes received up to at least 6 calendar days before the deadline for submission of the entries. All published clarifications shall be construed and read as part of the brief. It is the sole responsibility of the participants to consult the project website and acquaint themselves with the latest information published online prior to submitting their entry.
Questions and answers, and alterations to the design brief will be published as a clarification note on the website https://heritagemalta.mt/public-calls/
The Organiser may, at his own discretion and as necessary, extend the deadline for submission of entries to give participants sufficient time to take clarification notes into account when preparing their entries.

05.8 LAW
The regulations and conditions of this call for proposals shall be construed, governed and interpreted in accordance with the Laws of Malta.
By submitting their entries, participants 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 this process.

05.9 CONTENT AND SUBMISSION OF ENTRIES
The proposals must be submitted on the date indicated in the Schedule and hand delivered to:

Heritage Malta
Head Office
35, Dawret Fra Giovanni Bichi
Kalkara KKR1280

Entries submitted by any other means will not be considered.

Submissions must satisfy the following conditions:

a) opaque sealed envelope/package containing:
i. Duly compiled submission/declaration form, including the Contestant’s Declaration, stating that the contestant totally accepts and agrees to respect the ‘Design Contest’ rules, as well as any other decision taken by the Organiser and the Jury during the contest period, and that s/he renounces to the right of appeal, in a separate sealed envelope placed in the main envelope/package.
ii. An artist impression of the monument (and pedestal) in the proposed context (Max A2), mounted on a rigid support
iii. A description of the philosophy and design intent (one-page A4)
iv. Breakdown of costs, all inclusive, including design, manufacture and installation on site (including infrastructural works)
b) The identification code as described in Section 06.4 (Anonymity) will appear on the outside of the envelope/package.
c) Contestants should put their identification code on all documents submitted and on the backside of the sketch.
d) All package/s, as per (a) & (b) above, must bear only:
(i) the above address;
(ii) the reference number of the design contest;

If the outer packaging/envelope is not sealed and marked as required, the Organiser will assume no responsibility for the misplacement or premature opening of the submission.

All submissions received after the deadline specified in these instructions will be rejected.
Contestants must ensure that their entries reach the Organiser on the specified dates. The Organiser will not be held responsible for delays in transport. Towards this end, Contestants are requested to indicate clearly on the package that the contents are of no commercial value.
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.
Submission of the Contest Entry does not guarantee the Contestant the opportunity to participate in the Contest. The Organiser 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.

05.10 SCHEDULE
The process will be carried out following the stages and dates as stipulated in the table below. Nonetheless, the Organiser reserves the right to shorten, extend, modify or cancel the call for proposals if circumstances so require, and cannot be held responsible for such changes.
The termination or suspension of the call for proposals will not give rise to any claim by the Participants. If the call is then resumed by the Organiser, participants shall abide by the Organizer’s decision regarding resumption of the call.

1. Deadline for submitting questions – 31 August 2023
2. Deadline for sending written answers – 1 September 2023
3. Dates for reception of entries at Heritage Malta – 15 September 2023
4. Meeting of the Jury (tentative dates) – 19 September 2023
5. Announcement of short-listed candidates (tentative dates) – 26 September 2023
6. Press Event – TBA

05.11 PRIZE
The eventual winning participant shall be awarded the service contract, including construction/production costs:
Service contract for the design, supply and installation of a monument (including pedestal and all ancillary works) to Dr Karmenu Mifsud Bonnici.
The artist/s shall be responsible for any and all taxes payable as a result of the awarded contract for services.
Heritage Malta shall assist the winning artist with the application for the required permits and statutory approvals for the erection of the monument.
The short-listed participants/entries, the number of which shall be at the discretion of the Jury, shall be awarded prize money of €750 each.

05.12 CONTESTATION OF RULES/RESULTS
The Organiser reserves the right to at any time, change, amend, delete or add to the ‘Project Brief’ and other rules and regulations including the mechanism of the call for proposals at its absolute discretion.
The Organiser also reserves the right to refuse all offers and cancel the call for proposals, or part thereof, at its absolute discretion.
Participation in the call for proposals implies total acceptance of the rules. Any practical difficulties of interpretation or application of these rules will be solved by sovereign decision of the Organiser. Hence, in registering for this call for proposals, the participants accept and agree to respect the above rules as well as the decisions of the Organiser and the Jury.
The Organiser’s, and the Jury’s, decisions on all matters relating to the call for proposals (including without limitation, the selection of Participants, content and/or resolutions made) shall be final and absolute and binding on the participant/s. No discussion, correspondence, enquiry, appeal or challenge in respect of any decision of the Organiser will be entertained.
Participants shall not dispute nor make any oral or written complaints, public announcements or statements on the same whether during or after the call for proposals.

06 ORGANISATION AND CO-ORDINATION OF THE CALL FOR PROPOSALS

06.1 GENERAL

• The Organiser shall not be liable to perform any of its obligations in respect of the call for proposals and the regulations and conditions and rules in respect of the call for proposals where they are unable to do so as a result of circumstances beyond its control and shall not be liable to compensate the Participants in any manner whatsoever in such circumstances.
• Participants shall not be entitled to assign any of the rights or sub-contract any of the obligations herein.
• All rights and privileges herein granted to the Organiser are irrevocable and not subjected to rescission, restraint or injunction under any and all circumstances. Under no circumstances shall the Participants have the right to injunctive relief or to restrain or otherwise interfere with the organisation of the call for proposals, the production, distribution, exhibition, and/or exploitation of the call for proposals and/or any product based on and/or derived from the call for proposals.
• The invalidity, illegality or unenforceability of any terms hereunder shall not affect or impair the continuation in force of the remainder regulations and conditions of the call for proposals.

06.2 REGISTRATION FEE
There is NO registration fee for participation.

06.3 DOCUMENTS TO BE PROVIDED BY THE PROMOTER
The Promoter will provide the design brief and any subsequent clarifications, to be considered as an integral part of this brief.

06.4 ANONYMITY
Entries are to be presented anonymously.
All documents submitted will be identified exclusively by an alphanumeric identification code of the Participant’s choice, consisting of a six-digit number followed by two letters. This identification code, circa 1cm high, will be placed at the right hand upper corner of all documents submitted.
No other identification will appear on panels or documents. The identification envelopes, including all the relevant form/s, as per provided templates, accompanying the entries will not be opened until the jury has made its final selection/decision. Anonymity will then be lifted.

06.5 CONFIDENTIALITY
Participants shall treat all the regulations and conditions and rules of the call for proposals, and all information and knowledge obtained by the participant/sin relation to and/or in connection with the call for proposals, and/or derived as a result of his/her participation in the same, including without limitation the Organiser’s business and operational details, the call for proposals mechanics, the judging/adjudication criteria for the call for proposals (hereafter collectively known as “Confidential Information”), as confidential and the participants shall, during and after the call for proposals 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’ including any documentation, models accounts, reference materials, samples and machines readable media and equipment that is in any way related to the ‘Confidential Information’ including all duplicates and copies thereof.

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

06.7 PROCESSING OF CALL FOR PROPOSALS ENTRIES
The Secretariat receiving the submissions will draw up a list with the identification codes of the projects and a progressive order number that shall not correspond to the order in which the entries were delivered.
The entries will only be available to the secretariat and the jury (until the jury’s final decision). This will ensure a correct comparative judgement by the jury.
The entries received will be examined by the Secretariat, in full compliance with the call for proposals regulations, and the visual materials and explanatory document shall be forwarded to the jury.
All information that might in any way disclose the identity of the participant/s, shall not be forwarded to the jury.
The sealed envelope with the submission form/declaration/proof of registration, shall only be opened once the jury has arrived to its final decision, and forwarded the report to the Secretariat.

06.8 JURY
The appointed jury will be entrusted with the short-listing and eventual selection of the winning proposal to be commissioned.

06.9 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 brief.
• draw up a short-list and draft the final report with the necessary recommendations, remarks and any clarifications. All members will sign the report. Each member of the jury has one vote.
• take decisions by a majority vote, with a separate vote on each entry. In the event of a tie vote, the President shall have the casting vote. Decisions taken by the jury are final. The President shall be appointed in the first meeting of the Jury.
• ensure that anonymity is observed until the jury has reached its opinion or decision.
• may seek any technical and specialist advice as deemed necessary, at any point during the adjudication process.
• not disclose to the contestants or any other person not officially involved in the process unless otherwise permitted or required by law, any information concerning checking, explanation, opinions and comparison of entries and recommendations concerning the award.

After the opening of the entries, no information about the examination, clarification, evaluation or comparison of entries or decisions about the contract award may be disclosed before the publication of the short-listed proposals.
The short-listed candidates shall then be invited by the jury, to answer questions which the jury has recorded in the minutes to clarify any aspects of the proposal, if and as required. Complete minutes of the dialogue between jury members and candidates shall be drawn up.
The shortlisted candidates will then be asked to submit a final maquette, in four weeks following after official communication from the Secretariat.
Any attempt by a participant to approach any member of the Jury directly during the evaluation period will be considered legitimate grounds for disqualifying the respective proposal/s.

06.10 ADJUDICATION CRITERIA
The Jury shall evaluate the proposals based on the following values and criteria:

Criteria – Marks
Expressive quality – 25
Creativity and originality – 25
Artistic significance/quality – 25
Overall composition/impression – 25
Total Marks – 100

Participants should note that the above-mentioned criteria are not ranked in order of importance.

06.11 DISQUALIFICATION
The Organiser reserves the right to disqualify/exclude Participants and/or revoke the award (at any stage of the call for proposals), if:

(1) the participant/s does not meet the eligibility criteria
(2) the deadlines indicated in these regulations have not been respected
(3) anonymity is disclosed during Call for proposals phase
(4) in the Organiser’s sole determination, it believes the participant has attempted to undermine and/or influence the operation of the call for proposals 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
(6) any of the material listed in the submissions section is omitted.

06.12 WARRANTIES
(1) The Participant represents and warrants the Organiser that:

• The Participant has the right, authority and power to enter into the call for proposals in accordance with the regulations and conditions and shall provide such proof as the Organiser requires
• The Participants is not a bankrupt or an un-discharged bankrupt
• All the statements submitted to the Organiser are true, correct, accurate and complete.

(2) In consideration of the Organiser’s offering the Participant the opportunity to participate in a call for proposals, the Participant hereby unconditionally and irrevocably:

• Agrees that if so required by the Organiser, the winner shall make himself/herself available (without compensation) for the production, recording and publicity of the call for proposals during such time and productions schedule as may be notified by the Organiser.
• Agrees and consents that the Organiser shall have right and absolute discretion to use the information submitted with the call for proposals entry. All copyright shall belong to the Organiser absolutely.
• The Participant 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 Organiser 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 Participant and/or call for proposals Winner (and/or Shortlisted Candidates) and/or representatives.
• Confirms that the Participant has read and understood the regulations and conditions of the call for proposals and the Participant agrees to abide by the said regulations and conditions accordingly and agrees to cooperate and to follow all directions given to the Participant.
• Agrees that award(s) adjudicated in the call for proposals is contingent upon the accuracy of the information provided and disclosures made by the Participant and the full and complete performance of the Participants warranties, undertakings and obligations hereunder.
• Agrees that the Participant shall not by act or omission, directly or indirectly, bring the Organiser into disrepute.
• Agrees that the Participant shall not without prior written consent of the Organiser publish or disclose any information in connection with the call for proposals and/or award (including without limitation, to any representatives of media in any form whatsoever).
• Agrees that the Participant shall not give any product endorsement, any interviews or be involved in any articles or reports in respect of the call for proposals or the award with any third party.
• Agrees that the Participant’s participation in the call for proposals does not entitle the Participant to wages, salary or any other compensation.

06.13 LIMITATION OF LIABILITY
The Participant acknowledges that his/her participation in the call for proposals shall be at his/her own risks.
The Organiser, its directors, officers and employees, shall not be liable to any Participant in respect of any failure to win the call for proposals and/or any other loss, damages, costs, expenses, claims, liabilities, injury, death, accidents suffered by the Participant during the call for proposals or arising out of or in connection with the call for proposals, the participation by the Participant in the call for proposals and/or the awarded contract.

06.14 ANNOUNCEMENT OF RESULTS
The results of the call for proposals will be announced on the dates stipulated in the Schedule.
They shall be announced to the press and the schedule fixed to the notice board of the organizer. The Organiser reserves the right to publish all winning entries on https://heritagemalta.mt/public-calls/

06.15 EXHIBITION OF ENTRIES
In the weeks following the announcement of the results of the call for proposals, all entries, including those disqualified by the Evaluation Committee/Jury, may be publicly exhibited.
The exact dates and place/s of the exhibition will be communicated to all participants.

06.16 RETURN OF ENTRIES
All material submitted for this call for proposals shall become the property of Heritage Malta.

06.17 COMMISSION FOR THE PROJECT
The Organiser shall entrust the artist/s of the winning proposal with the commission for the project, in the form of a contract.

06.18 ETHICS CLAUSES
Any attempt by a candidate or participant to obtain confidential information, enter into unlawful agreements with competitors or influence the committee or the Organiser 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 Organiser’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 participant must declare that he is affected by no potential conflict of interest, and that he has no particular link with other participants 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 Contracting Authority’s prior approval. He may not commit the Contracting Authority 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 Contracting Authority.
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 Organiser may, regardless of injury, 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 are 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 Organiser without prejudice to possible transmission to the bodies charged with a monitoring or inspection task in conformity with National and/or Community law.

07 BIDDERS INFORMATION
07.1 PARTICIPANT’S DECLARATION

Publication Reference: HM28.01.2023
Name of Call: Proposals for a monument to Dr Karmenu Mifsud Bonnici

PARTICIPANT’S DETAILS
Name of Participant: _____________________________
Identity Card Number: _____________________________
Address: _____________________________
Postal Code: _____________________________
Locality: _____________________________
Tel (include mobile): _____________________________
E-mail: _____________________________
Website: _____________________________

In the case of a collective proposal:
Name: Identity Card Number

B PARTICIPANT’S DECLARATION(S)
To be completed and signed by the Participants (or leader)

In response to your call for proposals brief, I, the undersigned, hereby declare that:

1. I/We have examined, and accept in full and in its entirety, the content of this brief (including subsequent Clarifications Notes issued by the Organiser).
2. I/We hereby accept the contents thereto in their entirety, without reservation or restriction. We also understand that any disagreement, contradiction, alteration or deviation shall lead to our submission not being considered any further.
3. I/We offer to execute, in accordance with the terms of this design brief and the conditions and time limits laid down, without reserve or restriction.
4. I/We declare that the work presented is mine/ours and original
5. I/We accept that data on the application form (including names, artwork, and the funding component) may appear on public documents
6. I/We accept that my/our submission will become the property of Heritage Malta as per conditions of this call.
7. I/We are not bankrupt or under an administration appointed by the Court, or under proceedings leading to a declaration of bankruptcy. I/We also declare that we have not been convicted criminally, or found guilty of professional misconduct. Furthermore, I/we are up-to-date in the payment of social security contributions and other taxes.
8. I/We accept that we shall be excluded from participation in the award of this call for proposals if compliance certificates in respect of declarations made as part of this are not submitted by the indicated dates and/or incomplete.
9. I/We agree to abide by the ethics clauses and, in particular, have no potential conflict of interests or any relation with other candidates or other parties in the procedure at the time of the submission of this application. I/We have no interest of any nature whatsoever in any other submission in this procedure.
10. I/We will inform the Organiser immediately if there is any change in the above circumstances at any stage during the implementation of the contract.
11. We also fully recognise and accept that any false, inaccurate or incomplete information deliberately provided in this application may result in our exclusion from this, and other, procedures by the Government of Malta and the EU.
12. Our submission has been made in conformity with the requirements set out in this brief, and in this respect we confirm having included in the appropriate packages as required, all the required information.
13. I/we agree that the Jury’s decision if final and cannot be contested and/or disputed, nor make any oral or written complaints, public announcements or statements on the same whether during or after the call for proposals Period.
14. We note that the Organiser is not bound to proceed with this procedure and that it reserves the right to cancel or award only part of the contract. It will incur no liability towards us should it do so.

Name and Surname: _____________________________
I.D. / Passport Number: _____________________________
Signature of participant: _____________________________
Date: _____________________________

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