MICAS/EOI/14/2024:

Call for Expression of Interest (EOI) for the Provision of Mobile Food Truck Service within the Malta International Contemporary Art Space (MICAS).

Background

Malta International Contemporary Art Space (MICAS) is intended to strengthen Malta’s cultural infrastructure by providing a platform for contemporary art and internationalisation. With its launch, Malta is about to take a great step forward and become a proactive player in the contemporary art world.

Scheduled to open in Autumn 2024, MICAS will not only become a showcase for local contemporary artists but will also engage with international institutions to present ground-breaking works by acclaimed artists from all over the world.

MICAS aims to positively energise Malta’s cultural ecology and impact that of the Euro-Mediterranean region it inhabits. The MICAS mission is to be an advocate of contemporary art by raising public awareness to the significance of the visual arts in contemporary life, and by bringing to the forefront the way art and artists help mediate and interpret the world we live in.

MICAS is a Government of Malta infrastructural legacy project for the Culture and the Arts sector.

Scope

To provide a mobile food truck service at MICAS for twelve (12) months.

Description

The mobile food truck shall be operating from the MICAS site at ‘Ospizio Complex’, Bieb il-Pulverista, Triq Joseph J Mangion, Floriana. The service shall be provided for a period of twelve (12) months starting from 27 October 2024, unless otherwise instructed.

The mobile food truck operator shall be completely independent from any supplier or service provider and shall act solely in the interests of the client and in pursuit of MICAS’ documentation objectives.

List of Obligations by the Contractor:

1. Payments

The chosen bidder is not expected to pay any rent to MICAS i.e., the chosen bidder will be occupying the designated area and providing the service rent free BUT MICAS will be asking for a fee every month representing 7% of sales made during the previous month. The chosen bidder must present a monthly report of its sales to MICAS, stating the number and value of sales made during the previous month.

Payments to MICAS may be affected by a cheque or through bank transfer.

2. Subcontracting

1. The chosen bidder may not assign any part of this agreement or any of the rights and obligations entered, to a third party without the written consent of MICAS. In case of subcontracting, the chosen bidder is to present all relevant certificates that shall be requested by MICAS before granting its approval.
2. The chosen bidder must seek the prior written authorisation of MICAS before entering into a subcontract. The authorisation will be based on the services to be subcontracted and the identity of the intended subcontractor. MICAS shall within one (1) week of receipt of the notification, notify the chosen bidder in writing its decision, stating reasons, should it withhold such authorisation.
3. No subcontract can create contractual relations between any subcontractor and MICAS.
4. The chosen bidder shall be responsible for the acts, defaults and negligence of their subcontractors and their experts, agents, or employees, as if they were the acts, defaults, or negligence of itself, their experts, agents, or employees. The approval of MICAS of the subcontracting or any part of the contract or of the engagement by the chosen bidder and subcontractors to perform any part of the services shall not relieve the chosen bidder from any obligations under the contract.
5. If a subcontractor is found by MICAS to be incompetent in discharging their duties, MICAS may request the chosen bidder forthwith, either to provide a subcontractor with qualifications and experience acceptable to MICAS as a replacement, or to resume the performance of the services itself.
6. Before granting the prior approval mentioned under Article 2.2, the Contracting Authority shall ensure that the subcontractor does not fall under any of the exclusion criteria and is not blacklisted in terms of Part VI of the Public Procurement Regulations.
7. In the execution of this contract, a subcontractor must ensure that they comply with applicable obligations in the fields of environmental, social, and labour law established by Union Law, National Law, collective agreement or by the international environmental, social, and labour law provision listed in Schedule 12 of the Public Procurement Regulations.
8. Those services entrusted to a subcontractor by the chosen bidder cannot be entrusted to parties by the subcontractor.
9. MICAS shall not be bound to the subcontractor and the legal relationship shall be solely with the chosen bidder as provided in the Public Procurement Regulations.
10. Any change of subcontractor without the prior written consent of MICAS shall be considered as a breach of contract.

3. National Legislation

The chosen bidder shall be bound to conform and comply with Cap 424 of the Laws of Malta (Occupational Health and Safety Authority Act 2000) and to all regulations/legal notices that form part of this Act, as well as any other national legislation, regulations, standards and/or codes of practice, in effect during the execution of the contract, regarding health and safety issues as they apply for the chosen bidder’s particular operating situation and nature of work activities.

4. Insurance and Indemnity

1. The chosen bidder shall fully indemnify and hold MICAS harmless against all and any claims at any time arising from the execution of this contract. In the event of any claims being made against MICAS, the chosen bidder, at their own expense shall conduct any litigation that may arise there from or any negotiations for settlements.
2. The chosen bidder shall insure against legal liability to third parties, in the joint names of MICAS and the chosen bidder, in respect of death or injury to any person, including the chosen bidder’s employees, staff, MICAS’ employees or visitors or loss of or damage to any property which may arise out of or as a consequence of the service being provided , and against all claim proceedings, damages, costs, charges and expenses whatever in respect thereof or in relation thereto.
3. The chosen bidder must make sure that the truck insurance is fully paid as per National Regulations.
4. The chosen bidder shall provide for a comprehensive insurance policy in respect of the area/s allocated to them. Such insurance shall be procured on an Industrial All Risks (IAR) basis and the subject matter of insurance must include the buildings, inclusive of all fixtures and fittings, any goods in the open, awnings, and/or tents, as well as any equipment owned by the Government of Malta and which the chosen bidder will find on the allocated area.
5. The chosen bidder shall also take out a full Third-party Liability (TPL) insurance cover for a limit of indemnity of not less that €500,000 for each accident. This shall include cross liability clause that such insurance shall apply to the contract and MICAS as separate insured entities. The chosen bidder shall maintain such policy from the commencement date until the expiry of the contract. This shall also cover all the equipment in the areas allocated to the chosen bidder. If the chosen bidder fails to provide such insurance, MICAS may subscribe and/or extend such insurance policies at the chosen bidder’s cost. The chosen bidder must also have a valid Employers Liability Insurance cover for their employees as applicable.

The TPL policy must include the following extensions:

Food and Drink;

Product’s Liability;

Tenant’s Liability;

Cross Liability Clause.

1. The insurance policy needs to be issued in the name of the chosen bidder and MICAS for their respective rights and interests.
2. Within fifteen (15) working days from the signing of the contractual agreement, the chosen bidder is to present policy schedules relating to the insurance covers as requested under this EOI. Furthermore, the chosen bidder must, within five (5) working days from the expiration of each policy period, present renewal endorsements or schedules, whichever applicable, confirming the renewal of the policies undertaken as per this EOI.
3. The chosen bidder shall provide for a comprehensive insurance policy, with an insurance company, for the designated area and the interest of MICAS shall be declared with the insurers. The insurance policy is to also cover public liability, and injury to third party clients. A copy of the insurance policy is to be handed to MICAS within one month from signing the contract.

5. Termination of Contract

1. Without prejudice to the government’s rights to dissolve “ipso jure” the contract in the case of infringement of any condition thereunder and apart from the deduction established for delay in delivery MICAS reserves the right to claim actual damages incurred from the chosen bidder.
2. In addition, MICAS, may terminate the contract after giving seven (7) days’ notice to the chosen bidder in any of the following cases:

• The chosen bidder fails to carry out its obligations under the contract.
• The chosen bidder fails to submit the monthly sales report to MICAS required for the payment of the 7% sales fee.
• The chosen bidder fails to comply within a reasonable time notice given by MICAS requiring them to make good the neglect or failure to perform its obligations under the contract which seriously affect the proper and timely execution of the service provided.
• The chosen bidder refuses or neglects to carry out administrative orders given by MICAS.
• The chosen bidder assigns the contract or subcontracts without the authorisation of MICAS.
• The chosen bidder becomes bankrupt or is being wound up, is having their affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations.
• The chosen bidder has been convicted of an offence concerning its professional conduct by a judgement which has the force of “res judicata”.
• The chosen bidder has been guilty of grave professional misconduct proven by any means.
• The chosen bidder has been the subject of a judgement which has the force of “res judicata” for fraud, corruption, involvement in a criminal organization or any other illegal activities detrimental to the financial interests of the EC.
• The chosen bidder fails to provide the required guarantees or insurance, or the person providing the underlying guarantee or insurance is not able to abide by its commitments.
  1. The chosen bidder or its delegated representative may, following termination based on the points above, complete the services themselves, or conclude any other contract with a third party, at the chosen bidder’s own expense. The chosen bidder’s liability for delay in completion shall immediately cease when the Central Government Authority terminates the contract without prejudice to any liability thereunder that may have already been incurred.
  2. Where termination has been carried out based on the points above, the chosen bidder shall not be compensated for their expense.
  3. Upon termination of the contract or when it has received notice thereof, the chosen bidder shall take immediate steps to bring the services to a close in a prompt and orderly manner and in such a way as to keep costs to a minimum.
  4. MICAS shall, as soon as is possible after termination, certify the amount due by the chosen bidder as at the date of termination.
  5. If termination of the contract is attributable to the chosen bidder, they shall not be entitled to claim compensation for any loss or injury suffered.

6. Staff

The employment of staff shall be the sole responsibility of the chosen bidder who shall ensure compliance with this EOI, with employment regulations and the relevant national insurance legislation. All employees providing a service in the mobile food truck must be successful in any Food & Handling Certificates or any other certificate as stipulated by the Maltese Law.

7. Licenses & Taxes

The chosen bidder shall obtain and renew any licenses required lawfully to operate the designated area. Payments for these licenses shall be borne by the chosen bidder. VAT and any relevant taxes due for the operation of the designated area will be the sole responsibility of the chosen bidder.

8. Health and Safety

1. The chosen bidder shall be responsible to ensure that the designated area is to be kept in a good state and all Occupational Health and Safety Regulations observed.
2. The chosen bidder shall be bound to conform with the Occupational Health and Safety Authority 2000 (Chapter 424 of the Laws of Malta) and to all regulations/legal notices that form part of this Act; as well as any other national and European Union legislation, regulations, standards, and/or codes of practices in effect during the execution of the contract, regarding Health and Safety issues, as they apply for the chosen bidder’s particular operating situation and nature of works activities.
3. The chosen bidder shall provide all health and safety related equipment as required by the Maltese legislation, good practice, as may be required by MICAS and as may be further detailed in this contract.
4. The chosen bidder shall allocate all the necessary resources to safeguard the health and safety of operatives, and of any persons who the services may affect. The chosen bidder shall undertake to perform all necessary risk assessments, health and safety procedures and maintain all relevant supporting records as required by Maltese legislation, good practice and as may be required by MICAS. MICAS reserves the right to carry out inspections in this respect and if the chosen bidder is found non-compliant then MICAS shall ask the chosen bidder to abide with health and safety regulations with immediate effect.

9. Maintenance

The chosen bidder is responsible for the cleaning, maintenance, and upkeep of the designated area.

10. Instructions from MICAS

The chosen bidder binds himself to adhere to all the obligations imposed upon him by the contract and to follow instructions given to him by MICAS or by those delegated to them.

11. Opening Hours of the Mobile Food Truck

1. The chosen bidder has the right to open and run the mobile food truck as per below opening hours:
   • Monday: 08.00 – 20.00;
   • Tuesday: 08.00 – 20.00;
   • Wednesday: 08.00 – 20.00;
   • Thursday: 08.00 – 20.00;
   • Friday: 08.00 – 20.00;
   • Saturday: 08.00 – 20.00;
   • Sunday/Public Holidays: 08.00 – 20.00.

1. The mobile food truck can also open at times not stipulated above.
2. If the need arises, the chosen bidder might be asked to offer the service from the mobile food truck on days and during times other than those mentioned in Clause 11(a). MICAS will inform the chosen bidder directly if the need arises.

12. Food and drink items for sale from the mobile food truck

1. The chosen bidder must offer food and drinks as per the below list:
   • Sandwiches;
   • Wraps;
   • Bread;
   • Pasta;
   • Rice;
   • Pizza;
   • Pies;
   • Burgers;
   • Pastries and cakes;
   • Hot and cold beverages.
2. In terms of cost, whilst prices on the menu are to be reasonable, MICAS requests that a 5% discount is offered to all its employees using the services of the mobile food truck.
3. The chosen bidder must clearly exhibit the menu with prices of each and every product on sale.

A note on VAT

The chosen bidder is bound by the obligations of Scheme 13, Article 51, Clause 7 – Fiscal Receipts of the VAT Legislation. This Chapter of the Legislation can be found and perused in this link:

http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8872.

13. Hygiene, Cleanliness, Health Conduct

1. The chosen bidder shall keep themselves informed and abreast/adjourned about the various regulations related to the security of the food especially regarding those laws that are published within this EOI. The chosen bidder must operate the mobile food truck according to these regulations.
2. The chosen bidder is responsible for the upkeep of the designated area and mobile food truck and to see that these are kept clean at all times. Both the chosen bidder and every employee in their service must wear clean clothes at all times. It is also important that the chosen bidder and their employees use food tongs and gloves when selling and distributing foods.
3. The chosen bidder must make sure that a first aid box and fire extinguisher are available.
4. The food prepared beforehand such as bread, etc. must be displayed for sale wrapped in transparent material and presented in such a way that it is protected from all possible contamination. Food that cannot be wrapped must be kept covered.

The chosen bidder is to ensure that any allergens are addressed and cross-contamination is avoided.

1. Under no circumstances shall food products or drinks be sold past their expiry date.
2. MICAS may object with regards to the presence of an employee of the chosen bidder at the mobile food truck that does not satisfy the conditions mentioned in the preceding clauses of this contract. In such a case, MICAS is authorised to order the chosen bidder to terminate the employment of this person at the mobile food truck.
3. The chosen bidder must register the mobile food truck with the Food Safety Commission as requested by Legal Notice 180/2001, by not later than three (3) days from the first date of operations.

14. Conditions of a General Nature

1. The chosen bidder must provide the mobile food truck and all equipment needed for the running of the mobile food truck and assumes responsibility to provide all that is needed to deliver efficient hygienic services. Water and electricity will be provided by MICAS. The chosen bidder must be equipped with a generator just in case there is a power cut.
2. A security guard will also be provided by MICAS 24/7.
3. The chosen bidder may equip the available designated area with tables and chairs to accommodate their clients. The design of tables and chairs intended to be used by the chosen bidder needs to be approved by MICAS prior to acquiring any permits or place any tables and chairs. The chosen bidder must acquire all permissions needed in order to place tables and chairs as per the Maltese Laws.
4. The chosen bidder shall obtain all the necessary permits or licenses that the Laws of Malta stipulate in order to operate a mobile food truck.
5. The chosen bidder is obliged to conform with all the provision of the legislation and regulations of the VAT Department.
6. The chosen bidder must apply for the permit of a hawker from the Commerce Department.
7. The chosen bidder must make sure that all road licenses of the mobile food truck comply as requested by Transport Malta according to the Maltese Regulations.
8. The chosen bidder must ensure that all their taxes are fully paid and up to date as per Maltese Regulations.

15. Extension of the Contract

MICAS may extend the validity of the contract for at the same fees and conditions. In case an extension is needed, the chosen bidder must be informed beforehand by a notice in writing.

16. Abidance by all applicable Maltese Regulations

1. The chosen bidder must ensure and present to MICAS that all licenses and permits needed to operate a mobile food truck are in place. The chosen bidder must also abide to all Maltese Regulations in place to operate a mobile food truck.
2. The chosen bidder shall keep themselves informed and updated and that they will act in upright manner according to the laws regulating food security.
3. The chosen bidder is to make sure that the services provided is carried out according to laws and regulations governing health and safety.

17. The Chosen Bidder

The chosen bidder may not assign or transfer their rights in terms of this agreement to third parties.

18.Execution of the Contract

The contract shall commence from date of last signature of contract.

Requirements:

All interested bidders must submit the below:

• Photos/Images of the mobile food truck.
• Design of the menu that will be offered clearly showing all prices.
• All licenses required by the Maltese Regulations to operate a food truck.
• A VAT Certificate.
• Insurance of the mobile food truck.
• Proof that all road licenses of the mobile food truck are up to date.

Duration of the Contract

The performance period of the contract shall be of twelve (12) months.

Payments

MICAS will collect the 7% sales fee from the chosen bidder by not later than the 15^th day of the month. A monthly sales report must reach MICAS’ offices every month showing sales made during the previous month. If the chosen bidder does not comply with the above MICAS reserves the right to terminate the contract after giving a written notice.

Clarification requests

The interested bidders may submit any clarification requests to MICAS by sending an email to people@micas.art by not later than Wednesday, 25 September at 12:00 hrs CET.

The interested bidders are advised that clarification notes, interpretations, correction or changes to the EOI will be uploaded on https://micas.art/get-involved/.

The interested bidders are advised that any clarification notes, interpretations, correction or changes to the EOI will constitute an integral part of this EOI and it is the responsibility of the bidders to ensure that the website is reviewed regularly prior to submitting their offer.

Submission of offers

Interested bidders who are eligible to apply are to indicate their interest by sending all the requested documents under requirements by sending an email to people@micas.art  by not later than Wednesday, 2 October 2024 at 12:00hrs CET, indicating the subject and reference of the EOI (MICAS/EOI/14/2024).

Interest submitted by other means will not be considered.

Emails submitted after the closing date for the submission will not be considered. No liability will be accepted for rejection of late quotations.

This EOI does not constitute an offer to enter into any contract with MICAS. MICAS will in no case be responsible or liable for such costs or expenses incurred by prospective bidders, whatever the conduct or outcome of the competitive procedure initiated pursuant to this EOI, including cancellation.

Selection and Award Requirements

In order to be considered eligible for the award of this EOI, interested bidders must provide evidence that they meet or exceed certain minimum criteria described under the Skills and Requirements Section of this EOI.

The contract will be awarded to the interested bidder submitting the most satisfying Skills and Requirements requested in this EOI.

Selection and Evaluation

Each submission will be treated in strict confidence by the selection board and evaluated as per the below evaluation criteria:

Evaluation Criteria Marks

Pass mark: 60; Total marks: 100.

MICAS reserves the right to select and/or reject any or all the submitted offers or to select multiple submissions as necessary to fulfil the needs outlined in this EOI document. Should none of the submissions be considered satisfactory, MICAS reserves the right to assign the contract to another service provider who were not necessarily involved in this EOI. The decision of MICAS in this regard is final and binding.

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