Get documents about "Itt Contracts - PDF
W
Description
Itt Contracts document sample
Document Sample
Department of Contracts
Ministry of Finance
Government of Malta
Government Property Division – Land and Estate Management Information System
Invitation to Tender
February 2003
Department of Contracts, Notre Dame Ravelin, Floriana, CMR 02, Malta Facsimile: (356) 21247681
TENDER
1. With reference to Notice No. CT 40/2003 published in the Local papers and/or Government
Gazette, and on GPD web site http://www.gpd.gov.mt by the Director General Contracts, Malta, on the
18th February 2003 and in terms and conditions therein mentioned and those thereto attached,
I/WE............................................................................................................................................. offer to:
(Name of individual or firm making the tender to be entered in block letters)
(i) supply and deliver to store or site of works in Malta,*
(ii) erect complete, hand over in working order and thereafter maintain, as
directed by the Director General Contracts, all charges paid including
customs import duty, levy, VAT and insured against all risks, the articles
enumerated on the attached schedule at the prices stated on same,*
(iii) provide services as directed by the Director General Contracts, all charges
paid including VAT and insured against all risks. *
2. I/WE further offer to undertake to perform the above within
...........................................................................................
(period to be stated by Tenderer)
from the date of receipt of the letter of acceptance of my/our tender.
3. I/WE undertake that this tender shall not be retracted or withdrawn for a period of TWELVE (12)
calendar month/s from the date of expiration of the period fixed for its delivery, inclusively, but shall
remain binding and may be accepted by the Government at any time during the said period of TWELVE
(12) calendar month/s even by a verbal communication of acceptance.
4. Should the above tender be accepted, I/WE undertake to provide within the stipulated period (7 days
for local Tenderers, 15 days for overseas Tenderers), computed from the date of the Letter of
Acceptance, the Approved Bank Guarantee by a local Bank to the extent of TEN per centum (10%) of
the value of this contract, and should at any time in the course of such contract, the value be increased
by the allocation of extra/additional orders, then the amount of this guarantee shall, if so required, be
adjusted proportionately by the Bank concerned. (a)
Signature...................................................(b)............................................................
VAT Registration No..................................
Date of Registration..................................
Address.....................................................................................................................
Date......................... Tel No......................... Age.........................
* Delete where not applicable.
(a) Applicable only to tenders for contracts exceeding LM4000 in value (if requested)
(b) In the case of tenders from a company or partnership, the name of the company and the date of registration in conformity with the Companies Act 1995
or analogous legislation of the country where the company is registered is to be indicated, and the person signing the tender should be and is considered to
be fully authorised to act on behalf of the Company or Partnership for all purposes relating to the tender.
AVVIZ TAD-DIPARTIMENT TAL-KUNTRATTI NRU CT 40/2003 DEPARTMENT OF CONTRACTS
DEPARTMENT OF CONTRACTS NOTICE N° NOTRE DAME REVELIN
FLORIANA
OFFERTA GHAL TENDER FOR: Land and Estate Management Information System
Dan l-ufficcju jircievi offerti maghluqin u miktubin fuq formola maghmula ghalhekk u skond kif specifikat fil- formoli u fil-
kundizzjonijiet mehmuza ma' l- istess formola sal- 10 ta' filghodu tal-Hamis 24 ta’ April 2003.
Sealed tenders on the prescribed form and in accordance with the specification and conditions attached thereto will be
th
received at this office up to 10a.m. on Thursday 24 April 2003.
2. Ma titqies ebda offerta jekk:- 2. No tender shall be considered unless:-
a) ma tasalx l-Ufficju tad-Dipartiment tal Kuntratti, a) it is received at the Department of Contracts on
sal gurnata u l-hin imsemmijin hawn fuq; or before the date and time fixed above;
b) ma tkunx miktuba fuq formola maghmula b) it is made on the prescribed form;
ghalhekk;
c) (i) fil-kaz ta' Kumpanija b'responsabbilita' limitata c) (i) in the case of a Limited Liability Company it
ma tkunx iffirmata minn persuna jew persuni is signed by a person of persons duly authorized
awtorizzat/i li jiffirmaw ghan nom tal- Kumpanija to act on behalf of the company;
(ii) fil-kazijiet l-ohra kollha ma jkunx iffirmat (ii) in all other cases it is signed by the party
minn min jaghmel l-offerta: tendering;
d) ma jissemmewx fl-offerta ta l-indirizz postali u l- d) the postal address and age of the tenderer -
eta' min jaghmel l-offerta - fejn ikun applikabbli where applicable - are stated in the tender
3. Min jiehu l-offerta ghandu meta dan ikun rikjest mill- 3. The successful tenderer shall where the conditions of
kundizzjonijiet ta' l-offerta, jigi biex jiffirma l-kuntratt the tender so specify, call to sign the contract where
fejn u meta jkun mitlub jaghmel hekk. Id-drittijiet tal- and when required to do so. The contract fees shall
kuntratt ihallashom min jiehu l-appalt. Min jiehu l- be borne by the successful tenderer. The tenderer
appalt ikollu jhallas piena li tkun daqs il-ghaxra fil-mija whose offer is accepted shall incur a penalty equal to
tal-valur stmat tal-kuntratt, jekk huwa jonqos li jmur ten per cent of the estimated value of the contract
jiffirma personalment jew bi prokura, il-kuntratt ghal should he fail to call either personally or by proxy to
darbtejn wara xulxin meta jkuun mitlub jaghmel dan. sign the contract for two consecutive times when
Barra minn hekk, jekk min jaghmel l-offerta ma jaghtix requested to do so. Moreover, if the said tenderer
xi informazzjoni u/jew dokumenti mehtiega biex jigi fails to furnish information and/or documents
formulat il-kuntratt dan jitqies li ma jridx jiffirma l- necessary for the drawing up of the contract this shall
kuntratt u b'hekk dak li jkun iffirma l-offerta jsir be construed as unwillingness on the part of the
responsabbli personalment u jsir suggett ghall-piena tenderer to sign the contract, and shall render the
msemmija hawn fuq. Ma' dan kollu min jaghmel l- signatory of the tender personally responsible and
offerta jibqa' responsabbli li jwettaq l-obbligi taht il-patt liable to the penalty aforesaid. This notwithstanding
u jista jkun imgieghel iwettaq dawn l-obbligi taht il- the said tenderer shall remain responsible to carry out
kundizzjonijiet li jirregolaw il-kuntratt u jkun suggett his obligations under the agreement, and may be
ghall-pieni li hemm imsemmija f'dawn il- compelled to carry out such obligations under the
kundizzjonijiet ghalkemm il-kuntratt formali jkun conditions governing the contract and shall be
ghadu ma sarx. subjected to the penalties specified in those
conditions although a formal contract was not
executed.
4. Kull min jaghzel offerta ma jistax irreggaghha lura jew 4. Tenderers shall not retract or withdraw their tenders
jirtiraha fiz-zmien imsemmi fil-formola relattiva ta' l- for the period specified in the relative form of tender.
offerta. Matul dan iz-zmien, li jibda jghodd mid-data li During this period, which shall commence from the
fiha jkun ghalaq iz-zmien li jixtehtu l-offerti, dawn l- date of expiration of the time fixed for the
offerti jibqghu jghoddu u jistghuu jintlaqghu f'kull presentation of tenders, the tenders shall remain
zmien. binding and may be accepted at any time.
5. Il-Gvern izomm li jilqa' jew jirrofta kollha kemm huma 5. The Government reserves the right to accept or reject,
jew parti mill-offerti li jaslulu, jew li jaqsam l-appalt wholly or in part, if the tenders received, or to divide
bejn zewg kuntratturi jew izjed. the service among two or more contractors.
6. Il-formoli ta' l-offerta bil-hlas tal-prezz iffissat fejn 6. Forms of tenders against payment where applicable
applikabli u kull taghrif iehor dwar il-kundizzjonijiet of the prescribed fee and any further information
tal-kuntratt jistghu jinkisbuminn dan l-Ufficju, f'kull regarding the conditions of the contract may be
gurnata tax- xoghol bejn it 8.30 ta' fil-ghodu u nofs in- obtained on application at this office, on any working
nhar. day between 8:30am and noon.
7. Il-konferma ta' l-accettazzjoni tista' l-ewwel tigi 7. Confirmation of acceptance may in the first instance
moghtija lil min ikun ha l-offertta bil fomm jew b'telex, be communicated to the tenderer verbally or by telex,
telegrammi, telefax jew l-ittra ta' accettazzjoni tigi cable, telefex, letter or other available means and in
mibghuta fi zmien ghaxart ijiem (10) granet tax-xoghol any such case the formal letter of acceptance will be
mid-data ta' din il-konferma. despatched within a further ten (10) working days
from such confirmation.
Direttur Generali tal-Kuntratti Director General Contracts
Table of Contents
1. INTRODUCTION......................................................................................................................1
2. GOVERNMENT PROPERTY DIVISION ..................................................................................3
2.1 GPD – Purpose and Mission ............................................................................................................... 3
2.2 GPD – Organisational Setup ............................................................................................................... 3
2.3 GPD – Property Portfolio ..................................................................................................................... 4
2.4 GPD – Legislative Framework ............................................................................................................. 4
2.5 GPD – Objectives ................................................................................................................................ 5
2.6 GPD – Supporting Best Practices........................................................................................................ 6
2.7 GPD – Business Processes................................................................................................................. 7
2.8 GPD – Business Focus Areas ............................................................................................................. 8
2.9 GPD – Services ................................................................................................................................... 9
2.10 Current Usage of Information Technology......................................................................................... 27
2.11 Current Infrastructure......................................................................................................................... 29
3. LAND AND ESTATE MANAGEMENT INFORMATION SYSTEM PROJECT .......................31
3.1 Project Objectives.............................................................................................................................. 31
3.2 LEMIS – Guiding Vision..................................................................................................................... 31
3.3 Project Board ..................................................................................................................................... 32
3.4 Terms of Reference ........................................................................................................................... 32
3.5 Deliverables ....................................................................................................................................... 36
3.6 ITT Time-scales ................................................................................................................................. 37
4. FUNCTIONAL REQUIREMENTS ..........................................................................................39
4.1 Property Management ....................................................................................................................... 39
4.2 Acquisition and Disposal.................................................................................................................... 40
4.3 Accounts Receivable ......................................................................................................................... 40
4.4 Accounts Payable .............................................................................................................................. 41
4.5 Event Diary ........................................................................................................................................ 42
4.6 Image & Document Management ...................................................................................................... 42
4.7 GIS Mapping Interface....................................................................................................................... 42
4.8 Additional GIS Mapping ..................................................................................................................... 43
4.9 Valuations .......................................................................................................................................... 44
4.10 Property Maintenance........................................................................................................................ 44
4.11 Workflow ............................................................................................................................................ 44
4.12 Best Practice Approaches ................................................................................................................. 45
4.13 Property Performance Measurements............................................................................................... 45
4.14 Bidder Response to Customisation and Work-Around Solutions For Functional Requirements ....... 46
5. TECHNICAL AND NON FUNCTIONAL REQUIREMENTS ...................................................47
5.1 General Design / Architecture............................................................................................................ 47
5.2 Interoperability ................................................................................................................................... 47
5.3 Security.............................................................................................................................................. 48
5.4 Operations and Computing Performance .......................................................................................... 48
5.5 Year 2000 Compliance ...................................................................................................................... 48
5.6 Infrastructure...................................................................................................................................... 48
5.7 User Interfaces .................................................................................................................................. 48
5.8 Internet Access .................................................................................................................................. 48
5.9 Reporting Function ............................................................................................................................ 49
5.10 User-End Customisation.................................................................................................................... 49
GPD Land & Estate Management Information System ITT Page v
5.11 Bidder Response to Customisation and Work-Around Solutions For Technical & Non-Functional
Requirements .................................................................................................................................... 49
6. GENERAL REQUIREMENTS ................................................................................................51
6.1 Implementation Strategy.................................................................................................................... 51
6.2 Training for the proposed solution ..................................................................................................... 52
6.3 Data Conversion & Migration............................................................................................................. 52
6.4 Pilot Runs/Parallel Runs .................................................................................................................... 52
6.5 Quality Plan ....................................................................................................................................... 52
6.6 Project Team ..................................................................................................................................... 54
6.7 Vendor’s Personnel ........................................................................................................................... 54
6.8 Vendor Questionnaire........................................................................................................................ 54
6.9 Warranty ............................................................................................................................................ 54
6.10 Maintenance ...................................................................................................................................... 55
6.11 Post-Implementation Support ............................................................................................................ 55
6.12 Supplier Guarantee............................................................................................................................ 56
6.13 Site Visits ........................................................................................................................................... 56
6.14 Reference Sites ................................................................................................................................. 56
6.15 System User Group ........................................................................................................................... 56
6.16 Number of End-Users ........................................................................................................................ 57
6.17 Volumes............................................................................................................................................. 58
7. CONTRACTUAL REQUIREMENTS ......................................................................................61
8. EVALUATION PROCESS......................................................................................................63
8.1 Methodology ...................................................................................................................................... 63
8.2 Evaluation Criteria ............................................................................................................................. 64
8.3 Credibility of Response...................................................................................................................... 66
8.4 Joint bids............................................................................................................................................ 66
8.5 Right for Non-selection ...................................................................................................................... 66
8.6 ITT Award .......................................................................................................................................... 67
9. COST SCHEDULE.................................................................................................................69
10. TENDER RESPONSE FORMAT ...........................................................................................75
11. TENDER RESPONSE CONDITIONS ....................................................................................79
12. GENERAL CONDITIONS GOVERNING THE EMPLOYMENT OF LABOUR IN
CONNECTION WITH GOVERNMENT CONTRACTS ...........................................................81
13. GENERAL CONDITIONS OF CONTRACT FOR THE EXECUTION OF WORKS IN
MALTA IN CONNECTION WITH GOVERNMENT CONTRACTS .........................................83
APPENDIX 1 – STANDARD PLATFORM .......................................................................................89
APPENDIX 2 – VENDOR ASSESSMENT QUESTIONNAIRE.........................................................91
A2.1 Introduction ........................................................................................................................................ 91
A2.2 General Vendor Information .............................................................................................................. 91
A2.3 Commercial/Financial Considerations ............................................................................................... 93
A2.4 Product Considerations ..................................................................................................................... 94
A2.5 Quality Considerations....................................................................................................................... 95
A2.6 Support Considerations ..................................................................................................................... 98
APPENDIX 3 – CONFLICT OF INTEREST....................................................................................100
APPENDIX 4 – SUPPLIER’S WARRANTY ...................................................................................102
APPENDIX 5 – BOND....................................................................................................................104
GPD Land & Estate Management Information System ITT Page vi
APPENDIX 6 – FUNCTIONAL, NON-FUNCTIONAL & TECHNICAL REQUIREMENTS ..............106
A6.1 Bidder’s Response........................................................................................................................... 106
A6.2 Functional Requirements................................................................................................................. 107
A6.3 Technical and Non Functional Requirements.................................................................................. 145
APPENDIX 7 – GPD BUSINESS PROCESSES ............................................................................166
A7.1 Bidder’s Response for GPD Business Processes ........................................................................... 166
A7.2 Acquisition ....................................................................................................................................... 168
A7.3 Disposals ......................................................................................................................................... 184
A7.4 Business Development / Marketing ................................................................................................. 203
A7.5 Record keeping................................................................................................................................ 205
A7.6 Property Registration ....................................................................................................................... 208
A7.7 Enforcement .................................................................................................................................... 209
APPENDIX 8 – GPD LAND ACQUISITION ...................................................................................216
APPENDIX 9 – GPD MANUAL FILE SYSTEM..............................................................................222
A9.1 File Organisation.............................................................................................................................. 222
A9.2 Quantity of Files............................................................................................................................... 223
A9.3 File Classifications ........................................................................................................................... 223
A9.4 File Contents.................................................................................................................................... 224
A9.5 Backup Facility................................................................................................................................. 226
A9.6 Document Management/Workflow................................................................................................... 227
APPENDIX 10 – GPD PROPERTY INFORMATION RESOURCES ..............................................228
A10.1 Introduction ...................................................................................................................................... 228
A10.2 Property Records............................................................................................................................. 228
A10.3 Property Reference Numbers .......................................................................................................... 229
A10.4 Maps & Plans................................................................................................................................... 231
APPENDIX 11 – GPD LEGISLATIVE FRAMEWORK ...................................................................234
APPENDIX 12 – MITTS LTD. QUALITY POLICY..........................................................................240
APPENDIX 13 – ACRONYMS .......................................................................................................242
APPENDIX 14 – GLOSSARY ........................................................................................................244
APPENDIX 15 – STANDARD CONTRACTUAL DOCUMENTS ....................................................248
GPD Land & Estate Management Information System ITT Page vii
GPD Land & Estate Management Information System ITT Page viii
1. Introduction
The Government Property Division (GPD) in the Ministry for Home Affairs & the Evironment (MHAE), on
behalf of the Government of Malta wishes to purchase a comprehensive property management system,
referred to as the Land & Estate Management Information System (LEMIS), (software package/s,
server hardware), and associated implementation and post-implementation services from an
established contractor. For this purpose this Invitation to Tender (ITT) is being published with the aim
of presenting the requirements that such system is expected to satisfy.
The Government Property Division will appoint the Malta Information Technology and Training Services
(MITTS) Ltd. to act as its representative. As a client representative, MITTS will perform programme
management, project management, and consultancy activities for this project.
MITTS is a limited company wholly owned by the Government of Malta. It is responsible for the
provision of Information Systems Services and Business Solutions of the highest standard to
Government and other major organisations. A copy of the MITTS Quality Policy can be found in
Appendix 12.
Responses for this ITT are to be addressed to:
The Director General Contracts
Department of Contracts
Notre Dame Ravelin
Floriana, CMR 02
Malta
Any correspondence, questions or queries arising from this tender document may be forwarded, to the
above address. Such queries are to be submitted in writing to the Director General Contracts on Fax
No. 21247681 prior to ten (10) days from the closing time of the tender.
Any addenda will be faxed, mailed or delivered to all who are known by the Director General Contracts
to have received a complete set of the Tender Documents. No addenda will be issued later than one
week prior to the date for receipt of Tenders except an addendum withdrawing the request for bids or
one which denotes postponement of the closing date for the receipt of Bids.
Tenderers are to submit FOUR (4) printed copies and ONE (1) soft copy of their ITT response in
English, clearly marked:
GPD Land & Estate Management Information System
and are to be deposited in the tender box at the Department of Contracts, Notre Dame Ravelin,
Floriana, Malta by not later than 10:00 AM Malta time on Thursday 24th April 2003. One copy should
be clearly marked as the ‘MASTER’ copy which should contain the signed Schedule of Prices. Late
submissions will not be considered. Tenderers must designate one contact person to provide all
clarification. Such clarification shall be considered binding on the tender. All materials provided by the
tenderer are non-returnable.
A vendor briefing will be held on the Thursday 6th March 2003 at 10:00 AM, at the Malta Information
Technology & Training Services Ltd., Gattard House, National Road, Blata l-Bajda, Malta.
GPD Land & Estate Management Information System ITT Page 1
GPD Land & Estate Management Information System ITT Page 2
2. Government Property Division
2.1 GPD – Purpose and Mission
The Government Property Division is the estate manager for government immovable property in Malta.
The purpose of the GPD is to:
• Manage government lands and immovables in an efficient and effective way and in consonance
with the provisions of the Disposal of Government Land Act and the Church/State Agreement of
1991.
• Acquire, under the provisions of the Land Acquisition Ordinance, property that may be required by
government for a public purpose, and ensure that owners of acquired property are adequately and
fairly compensated in terms of law.
• Do this at the least cost to the public and in a way that warrants the highest degree of confidence in
GPD’s integrity, efficiency and fairness.
GPD's mission statement is "to promote and maintain the highest and best use of Government's
immovable estate and to ensure an equitable process for the acquisition of property that may be
required for a public purpose."
2.2 GPD – Organisational Setup
The GPD is made up of a number of departments, each responsible for different aspects of the
property management process as follows:
• Estate Management Department – responsible for the overall management of government
property, including the maintenance of an up-to-date property terrier, property research and
investigations, property application process and the determination of best use for government
property.
• Land Department – responsible for the acquisition of private property for a public purpose and also
for the legal aspects of government property management including the tendering process,
contracting of leases/emphyteusis, property control inspections, revenue collection and
enforcement.
• Joint Office – set up to take over the administration of ex-church property transferred to the state
by virtue of the Church/State Agreement of 1991. The Joint Office's primary responsibility is to
reconcile the actual transfer of property with the relative property lists, register the property under
the Land Registration Act, issue bonds in favour of the Church equivalent to the property's declared
values, and refund the Church with any excess amount realised on any subsequent property
disposal. Once property is accepted it is 'transferred' to the Estate Management Department for
management purposes. Ex-Church property is however kept distinct in view of obligations imposed
by the Church in the transfer agreement.
GPD Land & Estate Management Information System ITT Page 3
• Finance and Administration Branch – provides administrative and tactical support to the other
three departments, including accounts, personnel, filing registry, messengers and data centre. This
branch is also responsible for a set of watchmen to guard specific government property.
This organisational structure of the GPD is largely built around existing processes and procedures. It is
acknowledged that the use of an integrated property management system will facilitate organisational
restructuring. However, given the scarce human resources currently available at GPD, and the risks
involved in attempting to introduce wide-ranging organisational changes, any new LEMIS software will
initially be implemented on the basis of the current structures. Implementation will however need to be
flexible enough to enable future restructuring and continued systems operability.
2.3 GPD – Property Portfolio
The GPD is responsible for a considerable portfolio of government-owned immovable property that
ranges in nature from rural land and wastelands to building sites, farmhouses, commercial premises
such as offices and shops, stores and garages, historical buidlings such as Auberges of the Knights of
Malta, fortresses and towers and also a considerable number of residential premises such as terraced
houses, maisonnettes and flats.
Excluding ex-Church property, the GPD currently holds a considerable portfolio of property units that
are leased or otherwise granted on emphyteusis. This comprises about 5,500 agricultural land parcels,
8,000 residential units (mainly flats), 1,800 commercial premises (mainly shops), 4,000 non-residential
units (mainly garages and stores), 900 perpetual emphyteusis (mainly sites that are now built up),
1,700 property units of various types that are leased to Government departments (as offices, stores
etc.), and about another 800 properties that are granted on encroachment terms. There are also
considerable tracts of land (mainly wastelands and residual sites) that are not revenue-producing but
represent high potential asset value. To this one must then add the considerable number of properties
that have been transferred to the State by the Church Authorities, which properties are still being
checked and verified. It is calculated that this latter portfolio is as large as the other Government
property administered by the GPD. The GPD also acts as the agent of the Housing Authority in the
collection of ground rents due on some 4,500 residential parcels/units that are granted on perpetual
emphyteusis..
Overall it is calculated that the GPD owns (on behalf of Government) over 50% of the country’s real
estate to a value which potentially runs into the hundreds of millions of Malta liri. The yearly income
received from these properties in terms of rents and sales is about 8 million Malta liri.
GPD also manages the compulsory acquisition process in relation to privately-owned property that may
be required for a public purpose by other Government departments and agencies – purpose may
include such factors as infrastructure and housing projects. There are currently about 6,000 pending
acquisition cases for a total debt that is very conservatively calculated to exceed Lm20 million.
2.4 GPD – Legislative Framework
The GPD operates within a legislative framework that tightly regulates the operational processes of the
Division. In particular the disposal of Government immovable property is regulated by the Disposal of
Government Land Act whilst the compulsory acquisition of private property for a public purpose is
regulated by the Land Acquisition Ordinance. On the other hand the administration of ex-Church
property that was transferred to the Government by virtue of the Church/State Agreement of 1991 is
GPD Land & Estate Management Information System ITT Page 4
regulated by the Ecclesiastical Entities Properties Act. Appendix 11 provides a list of legislation that
affects the operations of the GPD. Direct links to the text of such legislation may be obtained from the
GPD’s website at http://www.gpd.gov.mt.
2.5 GPD – Objectives
The GPD’s objectives may be broadly defined as:
A) GPD as Custodian of Government Property
• Preservation of original maps, documents of title etc.;
• Conversion of paper documents and maps into electronic form;
• Implementation of electronic document management system;
• Creation of GIS database to map properties;
• Identification of property;
• Registration of property under the Land Registration Act;
• Establishment of dedicated site inspection teams.
B) GPD as Generator of Revenue from Property
• Creation of relational database of properties, contracts and persons;
• Business planning;
• Marketing;
• Automation of revenue collection;
• Enhancement & development of GPD management and staff;
• Routine procedures.
C) GPD as Supporter of Government Policies
• Adoption of political goals;
• Promotion of political goals;
• Support eGovernment initiative.
D) GPD as Provider of Property for other Departments & Agencies
• Forceful expropriation of third party property;
• Amicable acquisition of third party property;
• Payment of compensation for private property that is compulsorily acquired;
• Provision of storage and office premises.
E) GPD as Administrator of ex-Church Property
• Verification and correction of property lists of ex-Church property transferred to the State;
• Registration of such property under the Land Registration Act;
GPD Land & Estate Management Information System ITT Page 5
• Adjustments of property-related stocks issued to the Church;
• Insertion of ex-Church property into GPD’s general estate management process.
2.6 GPD – Supporting Best Practices
The following are best practices that have been identified as being required to support the roles and
objectives of the GPD:
1. A suitable physical location for physical archives is identified, prepared and utilised.
2. The best conservation and librarianship practices for physical storage and indexing of documents
by qualified staff are adopted.
3. Electronic images of important documents are created and indexed.
4. Electronic document images are made available to authorised users over a computer network.
5. A GIS database layer is created to record geographical location and other characteristics of
property.
6. The GPD property GIS layer is associated with other GIS database layers (e.g. physical terrain,
PA zoning, water mains etc).
7. A GIS interface to the collective (MEPA, Land Registry etc.) GIS database and the structured
business database will enable quick and flexible interrogation of the databases to identify
properties in an area identified by the user.
8. A structured business database to record acquisition, distribution, consolidation and disposal of
property is created and maintained.
9. The structured business database is associated with the GIS database, the document
management system and the Government common database.
10. A business plan and policies to maximise revenue from property is prepared, approved and
followed.
11. Quality standards for GPD services are set and observed.
12. Revenue generation, collection, bookkeeping and credit control functions are automated as far as
possible.
13. Revenue is consolidated and classified by tenant type, contract type and / or property type for
management reporting and analysis.
14. Notification of other date driven contractual obligations and commitments are automatically
reported and tracked until they are satisfied.
15. The structure of the organisation is revised to include high-level policy and quality control
functions, and, at operational level, professional support, internal services and independent estate
management functions.
16. The estate management responsibilities may be assigned in manageable quantities to small
teams. Assignment may be by property type (e.g. rural property), by estate (e.g. Papaffi estate) or
by contract type (e.g. commercial rents).
17. An in-house estate-management training centre is established to develop the necessary skills
required for estate management team members and other GPD staff.
GPD Land & Estate Management Information System ITT Page 6
18. Workflow software in conjunction with good policies and procedures and suitably trained staff can
be adopted successfully for many routine tasks that occur within the GPD. These include external
service provide management (professional and trades), processing of property disposal by
different title and dealing with date driven events that occur during the course and at the end of a
contract (e.g. revision of rent).
19. The impact of the political goals on the division’s results is assessed and reported to the ministry.
20. Political goals are related to GPD goals. Political goals that would be beneficial to the GPD are
identified, promoted and justified with the ministry.
21. Create website to advertise property for sale, enable simple enquiries and broadcast departmental
information available on website.
22. The use of workflow management software is excellent for standard practices established by law.
23. The establishment of property performance measurements to enable a more strategic approach to
the management of Government’s immovable estate.
2.7 GPD – Business Processes
The current processes at GPD are in principle an enhancement of a manually based model. Physical
files are mostly manually created, moved, maintained, searched, updated, organised, transmitted, put
away and archived. Processing is mostly through creating additional files to collect the information that
is required by the processes.
The GPD is largely run on a manual filing system in terms of which files are opened for each property
unit and for each service-request received by the Division. All business process correspondence at
GPD is inserted in a physical file the movement of which is tracked via a computerised Document
Registry System that stores the file number, file description and location. Files may relate to a
particular property or may be generic in nature relating to miscellaneous correspondence of various
types. A property unit may therefore have more than one related file and a file may relate to more than
one property. Service requests typically include requests for the temporary use of government
property, general property information requests and miscellaneous correspondence. In the majority of
cases file numbers may represent a property’s history and relative data fields are therefore duplicated
in the Document Registry System and the Land Management System. Until such time as a fully
computerized workflow system is implemented, it is envisaged that such duplication will continue to
exist for some time into the future. The same approach to file creation is generally taken by the Joint
Office in relation to ex-Church property except that a separate Document Registry System is
maintained due to the different location. Appendix 9 provides further details about the organisation and
content of files at GPD.
As to the property recording system in use this is largely based on a number of datasets that
independently convey information on the various sets of properties managed by the GPD as further
explained in Appendix 10 to this document.
A number of computer based information systems (IS) are in place; these are used as supporting tools
and although they provide substantial functionality this is mainly used for getting to the available
information or to undertake restricted processing such as in the area of revenue collection. The
information residing in the computer based systems and the manual files are used mainly for
operational purposes and there is limited functionality for tactical planning or strategic management of
the property entrusted to GPD. The IT systems in use at the GPD are further explained in Section 2.10.
GPD Land & Estate Management Information System ITT Page 7
In general, when a request for a service is acknowledged, this is followed by the creation of a file to
capture the request. This file is then landed into the operational system, which moves it serially
between one workstation to the next until the prescribed sequence is completed. As can be
appreciated the hundreds of files that move around daily require a substantial effort for just the logistics
of the operation. There is no mechanism other than to track the file location via the Document Registry
System and then to read the actual file in order to determine the status of a request for a service. The
controlling mechanisms that are in place need to be improved since performance monitoring metrics
have not yet been put in place. As can be readily realised this is an unacceptable situation which GPD
has embarked on changing. LEMIS is intended to provide the capabilities and tools to change all this
and provide a more strategic orientation to the business.
2.8 GPD – Business Focus Areas
The key business processes of the GPD may be grouped into a number of Business Focus Areas as
follows:
1. Customer Care – the first point of client contact for GPD’s external services, ensures correctness of
service applications and channels them into the GPD’s business systems (whether into the current
manual system or into a new workflow-based system);
2. Request Registry – rechecks application entrance into the business system and directs to the next
business function as appropriate;
3. Business Development (Disposal & Marketing) – responsible for the identification of the best use
for government property and deciding the best market time for disposal – works closely with the
Estate Management Acquisition & Disposal Teams;
4. Estate Management Acquisitions Team – responsible for technical clearance of requests for the
acquisition (compulsory or otherwise) of property by GPD, in terms of vetting of acquisition plans,
checking against govt property records and submitting property acquisition proposals to the
Commissioner of Land;
5. Valuation Office – manages the property valuation process (that may be farmed out to private
valuers);
6. Estate Management Disposal Teams – responsible for proposing property management responses
to client requests for property, such as extent of property to dispose of and under what title (sale,
lease, temporary/perpetual emphyteusis, temporary permit, structural alterations etc; - works under
tight coordination with the Business Development focus area;
7. Expropriation – responsible for the management of the land expropriation process including
management of expropriation funds, owner identification and verification, acquisition database, and
eventual payment authorisation. Works closely with the Contracts business function;
8. Contracts – responsible for the legal aspects of property acquisition/disposal including publication
of tenders for the leasing/sale of govt property and the finalisation of property contracts (including
leases, emphyteusis, sales, acquisitions etc.) Works closely with the Expropriation function;
9. Enforcement – responsible for the enforcement of contractual obligations of clients including
inspections, issuing of warnings, legal letters, court action and special eviction powers;
10. Accounts – responsible for the GPD’s accounting function including financial control, budgeting,
payments to creditors etc.;
11. Revenue Management – responsible for the recovery of revenues due on government immovable
property via the rent collection process and other property-related fees and charges and
GPD Land & Estate Management Information System ITT Page 8
subsequent input into the financial system – works closely with the Enforcement and Accounts
functions;
12. Legal & Recognition Office – responsible for the legal validation of property-related documentary
evidence, legal letters etc and for the vetting of claims for lease and other property rights;
13. Property Terrier Management – this is an internal business focus area in that as a function it
provides support to all the other systems via the maintenance and upkeep of an accurate and
accessible property inventory that is fundamental for decision making. This function is responsible
for maintaining both the textual and map terrier, creation and maintenance of bi-directional dynamic
links between the two, investigation and research into property extent and boundary, property
inspection and identification of property attributes, updating of data and research into property
ownership claims and disputes including examination and keeping of contractual documents and
papers. In the long-run most of the functions performed by this section may be streamlined into
any future workflow implemented by GPD. Until such time, however, Property Terrier Management
will continue to provide the indicated support services;
14. Verification and Reconciliation – this function is carried out at the GPD’s Joint Office and relates to
the process whereby property transferred to the Malta Government by virtue of the 1991
Church/State Agreement is classified and valued according to pre-set criteria established in the
said agreement.
15. IT Services – this is an internal business function geared to providing IT support services to the
other functions, including access to computer systems, network and systems security, back-ups,
first line of support to IT issues etc.;
16. Human Resources – responsible for HR matters including training;
17. Office Services – responsible for premises maintenance and provision of administrative supplies;
18. Strategy & Development – this is a senior management function comprising the development of
business strategies, policy decisions, etc.
2.9 GPD – Services
Within the operational context of the above business functions the GPD offers a range of property
related services to its various clients. These services may (i) be a by-product of an existing relationship
between GPD and a client (e.g. requests to purchase a property, for an extension of lease, for a lease
recognition, for property repairs etc.), (ii) represent a request from new clients (such as request by non-
tenants for the lease/sale of a property, for the temporary use of public spaces etc.) or (iii) constitute an
internal GPD initiative as part of its business development process. The services may be categorised
in terms of a number of service areas being:
1. Acquisition Services – being services provided by GPD under the powers of compulsory
acquisition it enjoys under the terms of the Land Acquisition (Public Purpose) Ordinance (LAO)–
Chapter 88 of the Laws of Malta. See Appendix 8 for a synopsis of the LAO provisions, as
summary of GPD acquisition process and the related LEMIS expectations.
2. Disposal Services – being client-triggered services provided by the GPD under the Disposal of
Government Land Act.
3. Business Development/Marketing Services – being internally-triggered services that identify the
best market time for the disposal of specific GPD property, and processes related to the actual
disposal of such property.
GPD Land & Estate Management Information System ITT Page 9
4. Record Keeping Services – services related to the provision of information of government-owned
property and the actual keeping of property records at GPD.
5. Property Registration Services – related to the registration of government property ownership
under the Land Registration Act.
6. Enforcement Services – relate to the enforcement (including judicial proceedings) of property
contractual conditions and protection of GPD’s rights in relation to govt property whether leased or
vacant – includes the revenue collection process.
The following is an extensive (but not necessarily comprehensive) list of the various services offered by
GPD to external clients. (Appendix 7 provides a description of the service delivery process for most of
the services listed hereunder).
Table 2.9.1 – List of GPD Services
Service Area
Code Service Name Service Description
Acquisitions
A01 Amicable purchase of GPD may purchase private property on behalf of other
private property Government departments. The purchase is by agreement.
Negotiations and funds are carried out/provided by the
sponsoring department. GPD provides a fair market value
certificate before property can be purchased.
A02 Statutory purchase of Under Article 11(2) of the Housing Decontrol Ordinance (Chapter
dilapidated private property 158 of the Laws of Malta), the lessor of a dwelling-house which
that is granted on lease has not been registered as a decontrolled dwelling-house may
free himself from the obligation to carry out repairs in the said
house by means of an outright sale of the house in favour of the
Government for a price equal to the capitalization of the fair rent
of the house at six per cent.
A03 Acquisition at the expense Enables GPD to forcefully acquire by absolute purchase property
of government department required for a public purpose by other govt. departments/
corporations. The sponsoring department normally provides
funds but GPD maintains the ownership.
A04 Acquisition at the expense Enables GPD to compulsorily acquire, under absolute purchase
of third party terms, private property that is schemed as access road, so as to
provide access to other private developable property, where
amicable settlement is not possible. Property is acquired by GPD
in its own (Govt’s) name but at the expense of third parties.
GPD Land & Estate Management Information System ITT Page 10
A05 Acquisition on possession A type of compulsory acquisition under which private property is
and use acquired on a possession and use title – very similar to a simple
lease. GPD pays an annual sum as compensation for loss of
rent. Where property has been held under such terms for a
period of 10 years the owner is entitled to request the
transformation of the acquisition into one of public tenure and
thus have the annual amount converted into an annual
recognition rent and multiplied by 1.4.
A06 Acquisition on public tenure A type of compulsory acquisition under which private property is
acquired under a title similar to a perpetual land lease.
A07 Creation of Sub-soil rights Relates to GPD’s power to carry out underground works without
paying compensation and without becoming an owner - e.g.
tunnels, trenches etc. Such right is acquired by GPD on the
request of other Government Departments and Agencies. Under
Maltese law sub-soil rights do not convey real rights over
property. A President’s Proclamation is required under the LAO.
A08 Creation of Easement Relates to GPD’s power to create an easement right over private
property. A President’s Declaration required.
A09 Creation of right to survey In the absence of amicable arrangements, empowers
Government to forcefully enter into private property for surveying
purposes. This service is generally provided to other Govt Depts
principally in relation to infrastructure projects.
A10 Freezing of private property Empowers GPD to freeze private property thereby withholding
any rights to develop it – except for existing cases, very rarely
used.
A11 Release to owners of Where Govt has not made use of compulsorily acquired property
property that is still in and the contract of acquisition has not been finalised, it may, on
process of acquisition request, be released back to its original owners via a fresh
Declaration of the President of Malta releasing the property from
compulsory acquisition procedures. Procedure requires
Ministerial approval.
A12 Sale back to owners of paid Even where the contract of acquisition has been finalised GPD
expropriated property may sell it back to original owners (at acquisition price plus
interest). Procedure very similar to A11, except that a public
deed of transfer is required rather than a President’s Declaration.
Requires Ministerial approval.
A13 Release of property held on Releases property from acquisition under the indicated terms.
possession and use Requires President’s Declaration but no subsequent contracts
with owners – payment of acquisition rent stopped with effect
from date of President’s Declaration. Similar to A11.
GPD Land & Estate Management Information System ITT Page 11
A14 Release of property held on Releases property from acquisition under the indicated terms.
public tenure Requires President’s Declaration and a contract to transfer back
the property to original owners. Similar to A11.
A15 Conversion from Property held under possession and use terms for a period of 10
possession and use to years entitles the original owners to request the transformation of
public tenure the acquisition into one of public tenure and thus have the annual
amount converted into an annual recognition rent and multiplied
by 1.4. This requires a certificate by GPD’s architects that the
property is permanently required and a public deed is then
entered into.
A16 Purchase of property held GPD may obtain full ownership of property that is held under
under public tenure or public tenure or possession and use by capitalising the annual
possession and use recognition/acquisition rent payable by 1.4% and 1% respectively.
A17 Request for compensation Under the Building Development Areas Act (now repealed)
(BDA) Government had obtained direct immediate (ex-lege) ownership
of specified areas but original owners retained the right for
compensation. This service is intended to provide such
compensation. The Land Arbitration Board following an
application by the GPD determines the fair compensation.
A18 Release of property in terms Land acquired under the Building Development Areas (BDA) Act
of the Reversion of Certain and left unutilised by Government may be returned back to its
Lands Act original owners. The Reversion of Certain Lands Act (RCLA)
enabled such type of property transfer to be made via a simple
Legal Notice, issued by the Minister responsible for land, and
eliminated the need to enter a public deed of transfer. This legal
notice technically reverts the property’s legal position to that
pertaining before the property was declared as Government
property under the BDA Act. Original owners retain the right to
claim damages from Government. There are instances where
the GPD may already have paid the compensation due on BDA
property that subsequently is released back to the owners. In
such instances GPD needs to track the compensation process
and obtain a refund of the compensation paid plus interest.
GPD Land & Estate Management Information System ITT Page 12
A19 Issue of Notice to Treat A notice to treat is a judicial letter that is issued under the Land
Acquisition (Public Purposes) Ordinance (LAO) for the purpose of
informing owners of expropriated property of the actual price Govt
is prepared to pay for such property. It has the effect of freezing
the valuation date of expropriated property – in other words
property is valued as at the date of the Notice to Treat, even if
payment is made years later. Requires identification of owners.
Under the 2002 amendments to LAO a notice to treat shall no
longer be required as the property value is communicated directly
within the President’s Declaration that declares the property as
expropriated. Under the said amendments the property becomes
Government property on the date of issue of the President’s
Declaration. Notice to treat records will still need to be kept in
view of past expropriations.
A20 Re-imbursement of Relates to the refund of expenses incurred by private owners
expenses whose property has been expropriated being expenses incurred
for the purposes of proving their ownership and may include
lawyer fees, legal fees etc. GPD needs to track the claims for
such expenses and itemise them against the relative acquisition.
Disposals
D01 Request for the Relates to the sale/lease/emphyteusis of government-owned
sale/lease/emphyteusis of vacant property. This is normally carried out via the tender
vacant Government procedure. There are instances where a direct lease can be
property made. A direct sale is also possible where government land is
offered in exchange of private property that has been
compulsorily acquired.
D02 Request for the use of Government property may, following a written request, be granted
property under to third parties under encroachment terms, i.e. property is held by
encroachment terms encroachee at the pleasure of Government. Usually used in
connection with the temporary use of Government property such
as the placing of tables and chairs on a public space. May recur
from year to year on the acceptance of an annual fee.
Encroachment rights may also be granted in relation to the
opening of windows abutting Government property in cases
where the granting of servitude rights (see D04) is not deemed
expedient by the GPD.
D03 Request for one time permit Permits to use government property for one off occasions at a fee
– short stay luna park, beach-volley etc.
D04 Request for servitude over GPD may grant servitude rights over government property, such
Government property as the opening of apertures overlooking such property. May be
granted at a fee (lump sum or yearly payment) on a
temporary/permanent basis and requires the publication of a
public deed.
GPD Land & Estate Management Information System ITT Page 13
D05 Request for alternative Whenever Government projects affect third party property
accommodation (whether privately owned/leased or leased from Government) the
owner/sitting tenant may request Government to provide
alternative accommodation. Where the affected property is
residential, GPD is legally bound to provide an alternative. For
other property types GPD is not legally obliged to do so but may
still provide an alternative.
D06 Contract finalisation Refers to the preparation and finalisation of property contracts –
leases, emphyteutical grants, sales, acquisitions (all types),
permits etc.
D07 Request for repairs to Repairs in government-owned leased residential premises are
leased residential property carried out by the Housing Construction & Maintenance
Department (HC&MD) - not within GPD’s portfolio. Any requests
received by the GPD are forwarded to the HC&MD who inspects
property and carries out repairs in terms of its own policies. GPD
may require to track what expenditure has been made on repairs
for purposes of revising the rental value of the property.
D08 Request for repairs to GPD confirms govt-ownership and authorises the Construction &
leased non-residential Maintenance Department (not within GPD’s portfolio) to carry out
property the repairs. GPD tracks the completion of repairs but not the
expenses involved.
D09 Request for structural Leaseholders are not entitled to unilaterally undertake structural
alterations to property alterations to the property but must instead request GPD
permission to do so. This requires an examination of lease
conditions to determine whether such alterations are permissible
and if so under what circumstances. Prior development
permission from the Malta Environment & Planning Authority may
be needed.
D10 Direct recognition of heirs in The heirs of a residential tenant are entitled to the lease on
a residential lease condition that they lived in the premises prior to the tenant’s
demise at the same rate of rent. Inheritance proof required in the
form of a written advice from a private lawyer/notary engaged by
the client certifying who the inheritors – copies of research
documents, such as wills, Court certificates etc. must be
submitted to GPD. Documentary evidence of inheritance may be
subjected to GPD vetting and clearance. Recognition request is
also forwarded to the external Department of Social Housing to
verify residency.
D11 Direct recognition of heirs in The heirs of a commercial tenant/emphyteuata are entitled to the
a commercial lease / lease on the tenant’s demise at the same rate of rent.
emphyteusis Inheritance proof required in the form of a written advice by a
private lawyer/notary certifying who the inheritors are – copies of
research documents, such as wills, Court certificates etc. must be
submitted to GPD. Documentary evidence of inheritance may be
subjected to GPD vetting and clearance.
GPD Land & Estate Management Information System ITT Page 14
D12 Direct recognition of The heirs of a non-residential (boathouses and garages but not
heirs/legatees in a non- stores) tenant are entitled to the lease on the tenant’s demise
residential lease subject to an increase in rent. Inheritance proof required in the
(Boathouses and garages) form of a written advice by a private lawyer/notary certifying who
the inheritors are – copies of research documents, such as wills,
Court certificates etc. must be submitted to GPD. Documentary
evidence of inheritance may be subjected to GPD vetting and
clearance.
D13 Direct recognition of heirs in The heirs of an agricultural lease are entitled to the lease on the
an agricultural lease tenant’s demise at the same rate of rent. The Agricultural Lease
(Reletting) Act stipulates the order of preference for recognition –
i.e. a member of the family (defined as lineal ascendants or
descendants) who (1) is the assignee of the lease, or (2) has
been living with the tenant, or (3) has been working the field with
him or (4) for him, or (5) is the tenant’s heir. Inheritance proof
required in the form of a written advice from a private
lawyer/notary engaged by the client certifying who the inheritors
are in the order of preference as stipulated in the law – copies of
research documents, such as wills, Court certificates etc. must be
submitted to GPD. Documentary evidence of inheritance may be
subjected to GPD vetting and clearance.
D14 Direct transfer of agricultural In terms of the Agricultural Leases (Reletting) Act, tenants of
lease in terms of law agricultural land are only allowed to transfer the lease to lineal
descendants or ascendants. This requires the submission by
tenant/s of a letter of transfer of lease rights accompanied by a
plan showing the property being transferred. The proposed
transferees must formally accept the responsibility for the lease.
D15 Request for a new property Under GPD policy, holders of an existing non-
title by holders of a running residential/commercial lease may request a different form of title
non-residential/commercial to the property (e.g. emphyteusis or sale). Such new title can
lease only be granted following a tender procedure in which the holders
are granted a right of first refusal. Leaseholder must sign a lease
renouncement subjected to his right for a first refusal.
D16 Request for an Under GPD policy, leaseholders who wish to invest in the
emphyteutical grant by property leased may request an emphyteutical grant. The period
holders of a non-residential of the emphyteutical grant varies with the intended investment
/ commercial lease on the amount. This requires the tender procedure. Leaseholder will
basis of property investment have to renounce to his existing tenancy rights but will be granted
a right of first refusal in the tender process. The tenders may, at
tenants request, specify a goodwill amount payable to the tenant
(just in case he is out-bid beyond his means) but GPD will be
entitled (in all cases) to 10 per cent of such goodwill.
GPD Land & Estate Management Information System ITT Page 15
D17 Request for a new Under GPD policy, an emphyteuta of non-residential property
emphyteutical grant by an who wishes to invest in the property may request a fresh
existing emphyteuta of non- emphyteutical grant. The period of the emphyteutical grant varies
residential property on the with the intended investment amount. This requires the tender
basis of property investment procedure. Emphyteuta is required to enter into an agreement to
renounce to his existing rights just in case he is not the
successful tenderer - but he will be granted a right of first refusal.
The tenders may, at emphyteuta’s request, specify a sum of
money (representing goodwill and/or furniture/fittings to be left in
the property) that the successful tenderer will be expected to pay
in part to the emphyteuta and in part to the GPD. The portion
payable to the GPD varies with the number of years left until
expiration of the original emphyteutical grant.
D18 Disposal in favour of original When an emphyteutical grant expires and the property is still
emphyteuta of non- occupied by the original grantee, property is issued on tender and
residential property the emphyteuta is granted a right of first refusal with such right
following expiry of an being reflected in the tender procedure. In the eventual call for
emphyteutical grant tenders ex-emphyteuta will have the option to specify a sum of
money reflecting furniture and fittings that are intended to be left
in the premises following the new disposal. This sum of money
will then be paid by the successful tenderer as follows - 90% to
the ex-emphyteuta and 10% to the GPD.
D19 Direct recognition of the A person who holds non-residential/commercial property on sub-
sitting tenant following the lease from the GPD’s emphyteuta is, on expiry of the
expiry of a non-residential emphyteusis, entitled to a new lease on the same conditions
emphyteusis enjoyed from the emphyteuta but at a new rent as revalued by
GPD. The prospective tenant must have held the lease for at
least ten years prior to the expiry of the emphyteusis and must
not be parentally related to the emphyteuta. Otherwise tenders
would be required.
D20 Re-letting of non-residential Where a lease has expired, the tenant is granted a new lease for
property originally the same term, under the same conditions, but at a new rent
contracted for more than 1 established by GPD.
year
D21 Direct recognition as Purchasers of existing emphyteutical rights over government
emphyteuta following property are entitled for recognition as long as the original
purchase of emphyteutical contract of emphyteusis allowed such transfer of rights. Copy of
rights (whole-transfer of deed of purchase must be provided together with the payment of
property) a recognition fee (laudemium) equivalent to a year’s ground rent.
A penalty is usually chargeable for delay in submitting a copy of
the transfer deed to the GPD and for delay in the payment of the
laudemium. Depending on the emphyteutical conditions, an
emphyteutical property may be transferred in whole or in part.
GPD Land & Estate Management Information System ITT Page 16
D22 Direct recognition as As in D21, except that only part of the emphyteutical grant is
emphyteuta following legal being transferred. In such case the recognition fee is calculated
purchase of part of the pro rata to the area being transferred.
emphyteutical grant (part-
transfer of property)
D23 Transfer of commercial Tenants of commercial Govt property are allowed to directly
lease on the basis of old transfer the lease to one or more of their children on attaining the
age age of 61 years – subject to a rent increase of 10% for every
period of 10 years, or part thereof, that would have passed since
the original rental was established. Prior to such age transfer
requires the tender procedure.
D24 Transfer of commercial Leaseholders of commercial premises are entitled to transfer the
lease through the goodwill lease of their shop to third parties if they enter into a goodwill
procedure transfer agreement with such third parties. This involves the
tender procedure and GPD is entitled to receive 10% of the
declared goodwill value.
D25 Change in use of leased Tenants of commercial property require GPD’s approval to
commercial property change the nature of the business activity carried out. This is
granted subject to an increase in the yearly rent.
D26 Transfer to Housing In Malta the Housing Authority carries out the sale of govt-owned
Authority – request for residential premises. GPD transfers, via an apposite Legal
clearance Notice, the ownership of such property to the Housing Authority
so that it could then enter into a contract of sale/emphyteusis with
the tenant. Before the sale process is initiated GPD clearance is
sought – clearance may be withheld for a number of reasons
including such factors as property not being fully govt-owned (e.g.
held in trust), historic property, estate management
disadvantages.
D27 Transfer to Housing Following GPD’s clearance for the Housing Authority to proceed
Authority – request for with a property sale, Housing Authority requests GPD to confirm
extent & boundary on plan the exact extent of the property that may be transferred.
Such extent may include additional garden areas that were not
part of the original residential lease.
D28 Transfer to Housing Once extent is clearly identified and Housing Authority is ready to
Authority – Legal Notice finalise a deed of sale, property is formally transferred in
advice ownership to the Housing Authority via an ad hoc legal notice.
GPD keeps collecting the relative rents on behalf of the Authority
until the final sale.
D29 Transfer of property from There may be instances where property that has been transferred
Housing Authority to GPD to the Housing Authority may require to be transferred back to
Government. This is carried out via a public deed of donation.
GPD Land & Estate Management Information System ITT Page 17
D30 Transfer to Housing When the sale is affected by the Housing Authority, GPD is
Authority – property sale informed so that records can be updated, relative rent accounts
closed, and collected balances paid to the Housing Authority.
D31 Transfer to Housing Even before the Housing Authority is given the property in
Authority – property promise ownership, it may still enter into a promise of sale with the tenant.
of sale This requires adjustments within GPD’s records to enable status
and commitment tracking.
D32 Transfer of property Industrial Estates in Malta are managed by the Malta
administration rights to Development Corporation as the promoter of direct investment in
Malta Development the country. To enable this the MDC is vested with the same
Corporation – request powers as are vested in the GPD in relation to specific property
as may appear in an ad hoc legal notice. A prior request to GPD
needs to be made who evaluates the proposition before agreeing
to the transfer of administration rights over the property.
D33 Transfer of property to See D32 comments. The actual transfer of administration rights
Malta Development to MDC is carried out via an apposite Legal Notice.
Corporation – Legal Notice
advice
D34 Transfer of property There may be instances where property that has been transferred
administration rights from to the Malta Development Corporation may require to be
Malta Development transferred back to Government. This is carried out via an
Corporation to GPD apposite Legal Notice.
D35 Direct allocation There are a number of instances where GPD directly allocates
property to beneficiaries. Typically this is done when property is
being provided as alternative accommodation, or otherwise
property consists of a building that is granted for a specific
commercial purpose that requires a specific and ad hoc licence
granted by Government under a special law. The allocation may
take the form of an encroachment permit, lease or emphyteutical
grant.
D36 Transfer through House of In those cases where it is not considered desirable to issue
Representatives resolution tenders for the allocation of certain properties, Govt may opt to
have the allocation directly approved by the House of
Representatives that then approves the allocation and relative
conditions. GPD will then need to enter into the formal property
transfer arrangements.
D37 Direct lease of non- In terms of the Disposal of Government Land Act, GPD may
residential property to a directly lease property to a Body Corporate established by law.
Body Corporate
D38 Amicable termination of Notwithstanding the provisions of D39, GPD may reach an
agricultural lease amicable agreement regarding the termination of an agricultural
lease. This requires the tenant to sign a letter (plus plan) of
renouncement to the lease.
GPD Land & Estate Management Information System ITT Page 18
D39 Forceful termination of Under the Agricultural Leases (Reletting) Act, Govt is empowered
agricultural lease to forcefully terminate an agricultural lease, or part thereof, for a
public purpose. Requires a President’s Declaration that must be
issued by the 15 of July to enable Govt to take possession of the
property after the 15 of August.
D40 Transfer of property to In terms of Article 8 of the Church/State agreement of 1991, all
Ecclesiastical Entities in property, as listed in Annex 9 of the said agreement, expropriated
terms of the Church/State from Ecclesiastical Entities by Government, and not made use of
agreement of 1991 by Government, was transferred back to the said Ecclesiastical
Entities.
In terms of Article 9 of the Church/State agreement of 1991,
Government’s directum dominium over the property listed in
Annex 10 of the said agreement, being property held by
Ecclesiastical Entities under temporary or perpetual emphyteusis,
was transferred by way of direct ownership in favour of such
Ecclesiastical Entities. The amount due by these Ecclesiastical
Entities for the acquisition of this directum dominium is to be
calculated in terms of law (normally capitalisation of the ground
rent at 5%) or in the absence of a provision of law (as with
temporary emphyteusis) in terms of the valuation principles
established in Annex 7 of the Church/State agreement.
In terms of Article 10 of the Church/State agreement of 1991, the
properties listed in Annex 11 thereto were transferred in
ownership to the Church. The compensation payable by the
Church is to take the form of exchange with other Church
property of equal value as established by mutual agreement, or in
the absence of such agreement, by the payment of an amount as
established in terms of the valuation principles set out in Annex 8
of the Church/State agreement.
In terms of Article 11 of the Church/State agreement of 1991, in
designating land areas for residential premises, the Government
shall agree with the diocesan Bishop concerned about the
allocation to the Church of an adequate site suitable for pastoral
services. The amount payable by the Church for such allocation
shall be determined as follows. If the property is ex-church
property transferred to the state by virtue of the mentioned
agreement, the value shall be that paid by the Government to the
Church. If the property is other government-owned property the
value shall be established in terms of the Land Acquisition
Ordinance in like manner as private property expropriated for a
public purpose. If the property is private property Government
shall expropriate it for a public purpose and the Church shall pay
the relative expropriation price.
GPD Land & Estate Management Information System ITT Page 19
D41 Property valuation for The GPD carries property valuations for a number of purposes
property transfers to which including the assessment of a fair market rent during lease
Ecclesiastical Entities are tenders, fair market value during sales tenders and for the
not party assessment of compensation due for expropriated property. In
the latter case the value is established in terms of the parameters
laid down in the Land Acquisition Ordinance (that establishes that
property value must be determined in terms of a building site or
agricultural land as defined in the Ordinance). The GPD farms
out the majority of such valuations to private architects.
D42 Property valuation for In valuing properties being transferred to the Government from
property transfers to which Ecclesiastical Entities (whether by way of expropriation or
Ecclesiastical Entities are otherwise) or vice-versa, the valuation carried out by GPD must
party be made on the basis of the relevant articles of the Church/State
agreement of 1991 – see for instance E18, E19 and E20. In the
case of property being expropriated from Ecclesiastical Entities
the valuation shall primarily be determined by an arbitrator
appointed by common consent between the two parties (See
Article 13 of the Church/State agreement of 1991).
D43 Sale of ex-Church The GPD offers an open scheme whereby ex-Church property
residential property used for residential purposes is sold to the tenants at prices that
are calculated on the basis of rent paid, type of lease enjoyed
and remaining period of lease. Applications to the scheme are
made via a simple letter. Joint Office then carries out research to
determine whether property forms part of the list transferred to
the State and whether applicant is entitled to purchase the
property. Once a decision is taken, applicant is informed of the
sale price, and if this is acceptable to him/her a deed of sale is
eventually entered into.
Business Development / Marketing
M01 Identification and offering of This service is intended to identify specific property that may be
property for disposal leased/sold etc. This may be both a pro-active task initiated by
the GPD via investigation of property records as well as re-active
response to client requests. Involves the development,
examination and evaluation of proposals, the collection of market
data, liaison with the Malta Environment & Planning Authority (to
explore development – building zones etc. -opportunities), and
preparation of assessment reports and recommendations by the
GPD’s architects.
M02 Tenders This service is intended to enable GPD to conform to legal
requirements for the disposal of govt-property that dictate that
property should normally be disposed via a competitive tender
procedure. Tenders usually specify both the disposal type being
sought (e.g. sale, lease, emphyteusis), the end purpose of such
disposal (e.g. lease of property for commercial purposes) and the
conditions of the disposal.
GPD Land & Estate Management Information System ITT Page 20
M03 Tenders ‘to state purpose’ Same as M02, except that tenders do not specify the end
purpose leaving it to the bidders to state what use they propose
to make of the property.
Record Keeping
R01 Request for property This service is intended for those who wish to enquire whether a
information particular property is government-owned or not, and if it is
whether it can be leased. This service is supplied both to
external (third parties enquiring about the status of specific
property – govt-owned? leased? available for lease/sale?) and
internal clients (internal GPD staff enquiring about property status
as part of the daily decision-making process).
R02 Request for document/plan This service is intended to provide clients with copies of property
copies plans and other documents such as lease agreements. A fee is
charged for each copy.
R03 Property Number Relates to GPD’s internal process whereby property is given a
Registration coded registration number that may vary according to the title
under which it is held by Government (freehold, leasehold,
expropriation) and also according to the type of disposal made of
such property (granted on lease as an urban tenement,
agricultural, perpetual lease, encroachment etc.). To the extent
that there are variations between the extent of the property parcel
as originating in favour of Government (e.g. via a compulsory
acquisition) and the extent as subsequently allocated (e.g.
residual site from an acquisition that is granted under an
agricultural lease) the property parcel may have a dual
registration (e.g. an Acquisition Registration Number to track the
acquisition process and a Tenement Registration Number to track
the subsequent lease). Overlaps are identified via
superimposition of relative plans. In any case the Property
Number serves as a primary source of identification for the
property in question and is replicated on the graphical map of the
property, enabling the further examination of map-based queries.
R04 Property dismemberment Involves the updating of property records when property is
physically and legally sub-divided, apportioned or otherwise
Property amalgamation amalgamated - an internal process that is triggered by a variety
of events including sale of property, acquisition of property,
apportionment of leased property amongst tenancy heirs, part
termination/surrender of leases, infrastructure projects that pass
through a parcel of land etc.
R05 Request for the reservation Relates to the earmarking of Government property for near-future
of Government property for projects. Request may originate from other Government
specific projects Departments (e.g. afforestation projects) or may otherwise be a
Business Development initiative by the GPD. Under this
procedure affected property is flagged to prohibit any disposals
that could prejudice the project.
GPD Land & Estate Management Information System ITT Page 21
R06 Request for rights over Relates to GPD’s ability to determine the existence of any
property (by way of pending applications for rights over property. Currently GPD
lease/sale/encroachment/te tracks such applications by opening a new file for each
mporary use/servitude etc.) application, and using the file numbering sequence to determine
the applications related to a property.
R07 Reconciliation of ex-Church Relates to the GPD’s role to reconcile the properties transferred
property lists to the Government by virtue of the Church/State Agreement of
1991 and as appearing on the various property lists attached as
Annexes to the agreement. A property form for each property
listed in the annexes to the agreement is gradually submitted to
GPD by the Church Authorities, together with other property
contracts and documents. This property form contains details
regarding the property description, details of any leases/grants
made to third parties (e.g. yearly rent, payment frequency, date
due etc.), the property value declared for the purposes of the
Church/State agreement (this value is calculated by capitalising
the declared yearly income/rent at specified capitalisation rates
that vary with the property classification and is paid to the Church
by way of interest-bearing tradable stocks), property classification
(commercial premises, residential premises or agricultural land -
used as a basis for determining the capitalisation rates) etc. The
property form details are verified against the contractual and
other documents and then cross-checked against the details
appearing on the property lists annexed to the Agreement – any
adjustments are made on an apposite Correction Sheet by the
GPD. A Control Committee, set up jointly between Government
and the Church, then confirms or corrects the form as
appropriate. Any adjustments made will need to be
communicated back to the Church who has the right to make a
counter-claim. A copy of all corrections and additions made to
the property lists has to be laid on the Table of the House of
Representatives every three months. If the property value is
changed, then such change will need to be reflected by way of an
adjustment in the total value of stocks issued to the Church,
necessitating tracking of related funds, interests accrued,
adjustments etc.
Government is bound to use ex-Church property to promote the
safeguarding of the environment and the development of
agriculture, and to meet the Country's most pressing social
requirements, such as social housing and public utilities, as well
as for humanitarian, educational and cultural purposes.
GPD Land & Estate Management Information System ITT Page 22
Property registration
P01 Property Registration This is a GPD internal process whereby govt immovable property
rights are registered under the Land Registration Act to ensure
safeguard against usurpation. This involves the laborious
examination of the various property data-sets kept by the GPD so
as to properly identify the exact extent, location and rights over
specific property units/parcels and the drawing up and
submission to Land Registry of the necessary land registration
plans and application forms. The GPD also uses a mass
registration system to capture land parcels on a GIS layer and
then electronically transfer such layer to the Land Registry’s
computerised system – the procedure still requires the
submission of hard copy applications and plans (plans are
however printed from the mass registration system). Property
registration may take the form of a possessory or absolute title
depending on the ownership proof held by Government. In the
case of ex-Church property the registration shall have a
possessory nature with respect to third parties but an absolute
title with respect to Government and ecclesiastical entities.
P02 Land Registration Caution This is a GPD internal process whereby each application for
registration received by the Land Registry Dept. is checked (via
access to the Land Registry’s computerised system) against GPD
property records to ensure that no third party is claiming property
rights over Govt property. Where conflict arises a note of caution
(accompanied by necessary documentation and plans) is
required under the Land Registration Act.
Enforcement
E01. Enforcement inspections Involves the inspection of property (whether leased or otherwise)
to determine whether it is being illegally usurped/used or whether
conditions of grant are being respected/flouted. This may be
triggered by internal processes (e.g. diarised tracking of planned
events) or in reaction to third party reports.
E02. Payment of recognition / Involves the payment of acquisition/recognition rent (where
acquisition rent property has been acquired under terms of possession & use or
public tenure – see also A05 and A06 above). GPD maintains a
Land Cheque Printing System to effect payments of such
obligations. Involves also the process of recognising heirs as
payment recipients.
E03. Payment of burthens Involves the payment of burthens. GPD maintains a manual list
of such obligations and utilises DAS to effect payments. Involves
also the process of recognising heirs as payment recipients.
GPD Land & Estate Management Information System ITT Page 23
E04. Compensation for loss of Involves the compensation for loss of rent (ex-gratia payments to
rent owners of war-demolished property). GPD maintains a MS Excel
list of such obligations and utilises DAS to effect payments.
Involves also the process of recognising heirs as payment
recipients.
E05. Invoicing of Rent/Dues Involves the invoicing of amounts due to GPD mainly being rents
accruing on leased property and includes the user-triggered
updating of rent accounts (incorporating pre-update reporting to
verify and confirm updating transactions), and printing and
mailing of invoices. LEMIS plans include the capability to
electronically invoice amounts due. Invoices bear a computer
generated number that becomes the official receipt number as
soon as payment is accepted.
E06. Calculation of Retrospective Involves the calculation of rent arrears due when a back-dated
Rent/Compensation for lease is being entered into, backward revision of rent or where
occupation backward compensation for occupation is to be claimed.
E07. Rent Account Adjustments Involves user adjustment of rent accounts to reflect changing
circumstances such as initial creation of rent account upon a new
lease, a revision of rent, charges etc.
E08. Rent/Dues Payment Involves the issuing of receipts for payment of rent and other
Receipts charges. Rent to GPD can be paid (a) directly to GPD via GPD’s
cash office or cheque sent by mail, (b) via online payment over
the Internet and (c) via a cash payment at Local Councils and
onward electronic transmission to GPD for issue of formal rent
receipt. The latter two payment methods are made possible
through an ad hoc non-GPD, Local Councils Rent Payment
System (LCRPS) that (i) reads electronic reports manually
exported from GPD’s dataflex-based Land Management System
(LMS), (ii) permits receipt of payments by Local Councils, (iii)
permits bank deposits reconciliation procedures, (iv) printing of
hard-copy invoice-based receipts at GPD. The actual rent
invoice is however issued by GPD and entered separately into
the GPD’s LMS so as to update the relative rent accounts within
LMS. The LCRPS merely acts as an independent enabling
system.
E09. Rent Payment at Local See E08.
Councils
E10. Rent Reminders These take the form of letter reminders for rent defaulters rather
than invoices. These are user-triggered and may be individual or
batch processed.
GPD Land & Estate Management Information System ITT Page 24
E11. Interest on Late Payments GPD does not presently charge interest on late payments. This
is a required option for LEMIS but must not take a mandatory or
automatic form. Maltese law requires the issue of a judicial letter
before interest can be charged unless this is stipulated in the
contract.
E12. Instalment Arrangements Involves the arrangement of repayment agreements with
defaulters – may also include interest charging. Requires the
diarised follow-up of instalment payments as well as the separate
payment of newly accruing amounts.
E13. Legal Proceedings Involves the initiation of legal proceedings against client
defaulters – e.g. non-payment of rent, non-fulfilment of lease
obligations, illegal usurpation/occupation of Govt property,
fulfilment of statutory requirements. Incorporates GPD’s special
powers to evict occupiers of govt property under the Land
(Compulsory Eviction) Act.
E14. One Time Payments Involves the acceptance of payments for such items as one-off
events – e.g. a film shooting activity, provision of document
copies etc.
E15. Refunds of Overpaid Refers to the payment to clients of any dues that were overpaid.
Amounts Involves rent accounting adjustments, payment tracking facilities
etc.
E16. Diary Tracking of Events Diary system to enable the tracking of property events such as
fulfilment of contractual obligations, rent revisions, periodical
property inspections, Court proceedings, time-limits etc.
E17. Rent revisions GPD leases/emphyteutical grants often make provision for rent
revisions either on pre-agreed fixed amount basis, on a
percentage amount or pro rata on the basis of the increase in the
index of inflation. Typically index based revisions are based on
the index for the year of revision as compared to the index of the
year of grant/last revision. However, as from 2002, in view that
the index for a particular year is only officially published the year
after, contractual rent revisions are being based on the index of
inflation as rolled-back by one year, that is the indexes used are
that for the year preceding the year of grant and that for the year
preceding the year of revision. Some weeks before a revision is
due a notice is sent to the tenant informing him about it. The
actual revision is subsequently also communicated to the tenant.
GPD Land & Estate Management Information System ITT Page 25
E18. Payment for ex-Church In compensation for the property transferred to it by the
property transferred to the Church/Ecclesiastical Entities, the Government issues Local
State Registered Stock and delivers to the Church bonds of the
nominal value of one hundred Maltese liri and multiples thereof,
free of duty on documents, maturing after ten years, at a 7%
annual rate of interest payable every six months, negotiable, and
made out in the name of the ecclesiastical entities transferring the
property.
The annual rate of interest of such bonds shall be revised upon
the lapse of every period of two years, starting from the date of
emission of the same bonds, in such a way as to maintain it at
one percentage point lower than the normal maximum lending
rate of interest allowed by law, provided it does not fall below 7%.
On the date of maturity, the same bonds shall be redeemed by
the Government at a premium of 10% over their nominal value.
The bonds may be freely sold to the public with the prior
authorization of the Maltese Episcopal Conference, up to a total
nominal value of not more than five million Maltese liri per annum.
Beyond this amount, these bonds may be transferred only with
the authorization of the Ministry of Finance.
E19. Payment/Refund of On completion of the procedures required for the transfer of all
deficient/excess funds the property to the State, any difference that might result between
transferred to the Church the total nominal value of the bonds issued to the Church and the
value of the property actually transferred to the State is to be
made good (including interest from the effective date of the
Church/State agreement) by the respective party. Any sums due
by Government shall be paid by means of bonds as per E18.
E20. Payment to the Church of For a period of 30 years from the effective date of the
excess sums realised on Church/State agreement, Government is bound to pay back to
the sale by Government of the Church (via bonds issued in favour of the Foundation for
ex-Church property. Church Schools) the excess amount realised in the eventual sale
of ex-Church property. The excess value is calculated by
deducting from the sum realised on the sale the declared
property value (as appearing in the agreement or as
subsequently adjusted) as adjusted for inflation and as further
increased by 30% - i.e. [Sale Value – (Declared/Adjusted Value x
1.3 x Increase in Inflation)].
The GPD (Land Department) is bound to provide, by the 31
March of each year, the Maltese Episcopal Conference with a list
of the transfer of ex-church property to third parties made during
the preceding year. Any amounts due to the Foundation for
Church Schools are payable by the 30 June.
GPD Land & Estate Management Information System ITT Page 26
2.10 Current Usage of Information Technology
The IT resources at GPD can be broadly divided into two types:
Office Productivity Applications; and
Business Applications
2.10.1 Office Productivity Applications
Approximately 100 administrative, executive and clerical staff make use of office productivity
applications mainly for correspondence and publishing. Teamware is used for email and there is a
limited use of Internet. Some personnel use spreadsheets for statistical purposes. Use of other types
of productivity applications is not frequent. The office productivity applications consist of the Microsoft
Office suite, of which MS Word is the most used application. Document imaging software (mainly
Kodak imaging) is also used by a number of officers mainly to store scanned images of property photos
and plans for desktop use.
2.10.2 Business Applications
GPD makes use of a number of custom-built applications that cater for the specific needs of various
business functions. These applications serve a more particular process and are regarded as tools to
the business function. The major specific tools are:
Document Registry System (DocReg). This is a Government of Malta corporate application that is
used to register and track paper file movements within GPD’s Estate Management Department and
Land Department that are housed in Valletta. The system also enables registration and tracking of
incoming mail. The Registry business function is responsible for the upkeep of its information and the
browsing application is a network resource. The system is Dataflex-based and runs on Novell Netware.
New Document Registry System (New DocReg). This is a similar application as the DocReg except
that it was recently developed and is more versatile in functionality. The New DocReg, which has a
PowerBuilder front-end and an Informix back-end and runs on a Unix server, is used by the GPD’s Joint
Office to track file movements.
Cheque Printing System (CPS). This is a bespoke application used to print acquisition and
recognition rent cheques. This system is used to produce about 4,000 cheque payments yearly to a
value of Lm60,000.
The Land Management System (LMS) is a networked property inventory system designed to capture
information on property that is (or has, at some point, been) leased. LMS is a bespoke application that
initially was intended to cover the whole GPD functions related to text-based property terrier
management and revenue collection. It is currently used to receive all revenue due to government from
rents, temporary/perpetual emphyteusis, one time permits and encroachments. The system also
provides revenue management capabilities in terms of enabling the generation of recurring rent
accounts, relative billing and invoicing, cash book listings, revenue type coding and arrears reporting.
There is an end-of-day process to forward the daily balance as journal entries in the government
Department Accounting System (DAS). The LMS also enables the generation of various types of
rent and property reports by type of property, type of lease, locality, rent quantum etc. The system is
written in Dataflex and runs on Novell Netware. The system is 10 years old and is envisaged to be
completely replaced by the LEMIS. LMS also interacts with the Local Councils Rent Payment
System (LCRPS), via the generation of rent invoicing reports that are uploaded to LCRPS. LMS holds
GPD Land & Estate Management Information System ITT Page 27
details of approximately 29,000 property units with respective tenancies. Approximately 50,000
invoices are produced annually together with another 15,000 rent reminders in order to collect around
Lm6 million in rent.
The Local Councils Rent Payment System (LCRPS). This is a third party system that is however
accessed by the GPD. The LCRPS uploads rent invoicing information generated by LMS and thereby
allows the payment of the relative amounts at any Local Council in Malta. The GPD then logs daily on
the LCRPS and makes a printout of the payments received plus a hard copy of the relative rent receipt.
Each receipt is re-entered into the LMS and thereby becomes the formal GPD rent receipt that is sent
to the tenants.
The Internet Payment of Rent System (IPRS). This is actually an extension to the LCRPS enabling
the payment of invoiced rent dues over the Internet (denominated as e-Rent) in very much the same
way as the payments made at Local Councils. Both the LCRPS and IPRS access the same SQL
Server 7 database.
The Property Drawing System (PDS) was developed by MITTS as a temporary solution to facilitate
the electronic preparation, drawing and archiving of scaled property drawings and maps. The
application also facilitates the import and export of data to and from the digital map of Malta. The
source of the map is the 1988 digital base map issued and maintained by the Mapping Unit of the Malta
Environment & Planning Authority, in 1/2500 scale. The PDS core engine is MapInfo Professional
Version 6.5, which has been customised using MapBasic 6.0. The base-map scale of 1/2500 is
suitable for projects with a relatively large area, - that is, having features longer than 30 metres, - in
order to justify error tolerance in drawing. In cases where individual properties are involved the most
suitable scale is 1/50 that was not intended for GIS. In this case GPD make use of AutoCAD 2000LTi.
AutoCAD is used as a drafting tool, simply replacing the traditional draughtboard. There are no third
party applications running on AutoCAD.
Property Digitisation & Registration System (PDRS). This is also a MapInfo based GIS networked
on Windows NT and is used to enable the digitisation of government-owned land parcels include parcel
attributes identifying the type of ownership enjoyed. The system interfaces with the Land Registry’s
cadastral system for the purpose of electronic transfer of land parcels to enable the properties’
registration in the name of the Government of Malta.
Mass Digitising System (MDS). This is also a MapInfo based GIS networked on Windows NT. The
system is separate from the other GIS system and is used to enable the mass digitization of land
parcels applied for under the Agricultural Land Scheme including details of applicants.
Public Screening System (PSS). This is a bespoke application based on a geographic information
system used by the Records Section to query and print Agricultural Leases Scheme application details.
MDS and PSS were developed by MITTS as a temporary solution to capture the Agricultural Leases
Scheme application details. The MDS/PSS core engine is MapInfo Professional Version 6.5, which has
been customised using MapBasic 6.0. MDS and PSS are the first two sub-systems of the Agricultural
Lease Processing System.
Agricultural Lease Processing System (ALPS). This is a Mapinfo based GIS system that captures
geographic parcels representing agricultural land and also stores data on individual applicants for such
land. The system also facilitates the processing of such applications via plan production and
automated lease agreement preparation. The system is networked to a number of users using a
Windows NT platform. Data from this system will need to be integrated into the new Property
Management System and with the new GIS module.
GPD Land & Estate Management Information System ITT Page 28
The Land Registry Computerised System (LRCS). This is a third party system installed at the Land
Registry Department and accessed by GPD for querying purposes via Government’s wide area network
system. The LRCS is a land registration GIS that maintains property ownership details regarding
specific properties in a number of localities.
The Common Database (CdB). This is a Government corporate system that maintains information
regarding Maltese citizens including their Identity Card Number (every person in Malta is given a unique
Identity Number at birth – this number serves as the principal means of identification across the whole
spectrum of services in a person’s life from banking to social security, income tax, VAT etc.), and
residential address. The Identity Card number is the primary key field for tenants appearing on the
GPD’s LMS. Data from the CdB may be extracted and imported into GPD’s bespoke systems including
LMS and ALPS.
The Joint Office Database (JOdB). This is a MS Access database that is kept by the GPD’s Joint
Office to store data related to ex-Church property, including description of property, tenant, lease
details, Church reference number (to enable back tracking to the information systems held by the
Church), the property’s valuation as appearing in the relative Annex to the Church/State agreement or
as subsequently amended, capitalisation rate for the purpose of valuation and other pertinent
information including the last rent period that has been paid. The JOdB does not produce rent invoices
nor does it account for rent payments which are undertaken manually – total rents collected annually
amount to Lm400,000. The information from the JOdB will have to be extracted and exported to the
new LEMIS system for purposes of managing the relative properties under the same policies and
procedures applicable for other GPD property except for the particular burthens imposed on such
property that will still require to be tracked and maintained. These include such matters as the use to
be made thereof being limited to social purposes, and ensuring the refund of any excess amounts
realised on the sale of such ex-Church property. This point is further expanded in the relative
description for Services D40, D42 and E18 to E20 in Table 2.9.1.
2.11 Current Infrastructure
There are currently 2 different network locations throughout the GPD with some 100 total users for the
various systems in use, although not all systems are used by all users. The users are spread across
the two business locations of the GPD, one being in Floriana (housing the Joint Office) and the other in
Valletta (housing the other GPD departments).
There is currently an installed base of approximately 100 PCs on the network, the vast majority running
Windows 98 and use Microsoft Office 97 suite of programs. The desktop PCs vary from Pentium IV to
486 machines.
The Valletta premises runs a 10BaseT network based on a category 5, structured network using
unshielded twisted pair cables. There are two file servers on the network running different operating
systems:
• Novell Server using IPX/SPX protocol which hosts the DocReg and LMS; and a
• Windows NT Server which hosts the GPD’s GIS applications such as PDS, ALPS and MDS.
Windows NT uses the TCP/IP protocol suite.
GPD Land & Estate Management Information System ITT Page 29
The GPD is currently in the process of upgrading the Valletta premises network infrastructure as part of
the gradual refurbishment of the offices.
With regard to the Floriana premises the same kind of network as in Valletta is used. There are three
servers on the network running different operating systems:
• Windows NT Server which hosts the JOdB. Windows NT uses the TCP/IP protocol suite;
• UNIX Server using TCP/IP protocol which hosts the New DocReg; and a
• Novell Server using IPX/SPX protocol which hosts an old Dataflex application currently used for
query purposes only;
GPD envisages that the main usage of the new LEMIS software will be from the Valletta offices with the
Floriana Offices having querying but not updating access – although this may be altered. This is
because property hitherto being separately administered by the Joint Office will be integrated into the
LEMIS software and managed by the Estate Management Department as like other government
property thereby enabling a more holistic estate management process. Given the specific
encumbrances obtainable on ex-Church property (see services D40, D42, E18 to E20 in Table 2.9.1), it
has to be separately identifiable not just in terms of status but also in terms of collectables, revenue
itemisation into the budgetary statements and tracking of any amounts due/paid to the Church. Joint
Office will however remain responsible for reconciling the property lists and raising additional stocks
and bonds in favour of the respective Ecclesiastical Entities whenever the circumstances require so –
including also the question of funds tracking.
The GPD’s two locations have access, through an ATM connection (Valletta at 10Mbps and Floriana at
155Mbps), to Government’s wide area network (MAGNET) that provides the Maltese Public Service
with access to e-mail facilities (using Teamware), Internet as well as connection to corporate
applications such as DAS and CdB. All GPD network users have access to e-mail facilities whilst
senior officers and section managers also have access to the Internet facilities.
The GPD is currently in the process of upgrading the Valletta premises network infrastructure as part of
the gradual refurbishment of the offices. The local area network within GPD will be a switched network
on a 100Mbit bandwith. The computer room will connect the backbones at 1Gbit bandwith, and any
server within the Computer Room will be able to connect to the LAN utilising 100Mbit or 1Gbit bandwith.
GPD Land & Estate Management Information System ITT Page 30
3. Land and Estate Management Information System Project
3.1 Project Objectives
One of the key business initiatives, established by the GPD in 1998 was the development of the Land &
Estate Management Information System (LEMIS). This project was directed towards establishing the
disciplines, tools, processes and culture required to enhance the GPD’s effectiveness in public service
delivery.
The LEMIS is seen to incorporate both the selection, procurement and implementation of an integrated
property management information system, as well as the re-design and/or creation of business
processes and the introduction of best practices as may be facilitated by the new information system.
3.2 LEMIS – Guiding Vision
1. The GPD envisions a dynamic system that will grow, change, and remain current with available
technology, changing philosophy, changing regulations, and reporting requirements.
2. All service requests information should be accessible to all authorised employees and the
information should be as current as possible.
3. As much as possible move the authority to service a customer as close as possible the point of
customer contact. Support the employees with the tools to make informed, competent decisions
and appropriate responses to customer requirements.
4. Make it as easy/flexible as possible for the customer/client to have their needs met (e.g. on-line,
internet access to information). Ensure that customer feedback possibilities are built into the
process.
5. The LEMIS will provide real-time capture, validation, processing and recording of real property
data.
6. The LEMIS will be user-friendly, provide flexible processing, easy to change, and readily
accommodate the addition and deletion of users.
7. The LEMIS will comprise all stages of the immovable property management process from
registration, administration, disposal (lease, sale, grant of rights etc.), compulsory/amicable
acquisition, settlement of acquisition dues, property administration and reporting.
8. Ultimately the LEMIS will be a fully web-based system that may be integrated with other GPD
systems using an SQL database.
9. The LEMIS will comprise a geographic information system enabling the geographic viewing of
property and land together with concomitant GIS-enabled analysis and reporting.
10. The LEMIS may be required to interface with the Government of Malta’s Departmental Accounting
System for the validation of revenue and expenditure flows.
11. The GPD may require changes to the software, or other work around options, but it must be
ensured that any modifications will not adversely impact on the rest of the system.
GPD Land & Estate Management Information System ITT Page 31
12. The LEMIS will incorporate service and performance standards into the process and ensure that
measurement, assessment, reporting and continuing improvement are integral component (built in
feedback channels) of the system.
13. Paper should be eliminated wherever possible.
14. Accuracy of data input is acknowledged as of paramount importance and LEMIS will therefore
incorporate a mechanism of data validation and edits throughout the software to ensure such
accuracy. The cost savings realized through reduced data reconciliation and error correction is an
expected benefit of an integrated system. The ultimate objective is towards a system that will
ensure a one-time capture of data.
15. Up-to-date property information will be available for on-line query and reporting based on user
security level. Property information will be maintained as close to the source as possible, and data
integrity will be enhanced by the elimination of data entry redundancy and extensive data
reconciliation.
16. LEMIS will:
• Ensure that the business processes will be easy to use;
• Provide dependable, reliable and timely management information;
• Automates time consuming manual tasks;
• Places emphasis on quality and value;
• Increase discretion and flexibility coupled with accountability for results;
• Streamline paperwork and processes;
• Result in a service-oriented approach with a focus on customer care.
3.3 Project Board
Control of the project is vested in a Project Board nominated by the GPD in conjunction with MITTS as
the client representative. The Project Board is composed of:
Executive
Senior User
Senior Technical
Client Representative
The Executive role on the Project Board is to provide overall project guidance at a management level;
to continually assess the project from the business, financial and senior management point of view; and
to resolve issues escalated by the project team, whilst taking appropriate actions as necessary. The
Senior User represents the users of the system, and is supported by a user group drawn from the GPD.
The Senior Technical member represents those who are responsible for the technical implementation of
the system. The Client Representative will report on project issues, progress and provide consultation
services to the Project Board.
3.4 Terms of Reference
The GPD is proposing to replace the Division’s current Land Management System since apart from
being outdated, the system does not provide a number of functionalities that are presently seen as a
GPD Land & Estate Management Information System ITT Page 32
must for effective property management and also since support for it will cease in the next couple of
years. It is vital that the new system is able to provide for all property management functionalities that
are industry standard without the need to use/purchase extra software for specific functionalities – even
though it is envisaged that GPD may not initially purchase all related functionalities.
It is vital that the new system is able to import data from existing computer systems at GPD including
GIS-based systems, as well as interface with the Local Councils Rent Payment System.
The GPD seeks a system with comprehensive functional and data security features. It is important that
the new system is simple to operate with a user-friendly interface, makes full use of web technology,
and has powerful retrieval and reporting tools. The GPD is seeking to develop a good working
relationship with a supplier whose products are based upon up-to-date industry standards. The
supplier must be committed to the continued development and enhancements of its products, and must
be willing to accommodate the e-government initiatives espoused by the Maltese Government for
electronic delivery of public services (http://www.gov.mt).
GPD, through this Invitation to Tender (ITT), aims to identify a vendor that provides the following:
• Software package/s covering property management in adherance with the functional, non-
functional and technical requirements defined in Sections 4 and 5; and the GPD business
processes defined in Appendix 7.
• Services to implement the software package/s. This will include assistance during user acceptance
testing; assistance during process re-design brought about by computerisation; conversion and
migration of data from existing systems; assistance during data collation, preparation and entry;
project management; interfacing/integrating new package to existing information systems;
installation; training of the end-user community; implementation of work-arounds; assistance during
end-user customisation; configuration and parameterisation; assistance during pilot/parallel runs.
• GPD’s preference is to avoid any form of vendor customisation and would prefer a system that is
flexibly built to allow for user customisation. Notwithstanding this, GPD would like the bidders to
identify those areas that require vendor customisation in order to satisfy GPD’s requirements, and a
statement indicating their intention or otherwise to include these enhancements in forthcoming
upgrades.
• Detailed specifications of hardware required in order to support the software solution.
• Hardware (excluding PCs and printers), third-party software (operating system, DBMS, etc) and
middleware (if applicable) to support the software solution.
• Maintenance and post-implementation second-line support for a period of three (3) years, with
further one year extensions as requested by GPD, under the same terms and conditions as agreed
upon by both parties and as defined in the Maintenance Contract.
The following table summarises the roles and responsibilities of the successful bidder and that of GPD
during the life cycle of this project.
Responsibility
Deliverables Successful GPD MITTS
Bidder
1. Provision of software package/s P N N
GPD Land & Estate Management Information System ITT Page 33
2. Project management P1 S P2
3. Implementation Strategy & Detailed P S S
Implementation Plan
4. Process re-design brought about through S P S
computerisation
5. Installation on servers and PCs (if P N S
applicable)
6. Configuration & Parameterisation P S S
7. Vendor Customisation P N N
8. End-User Customisation S P S
9. User acceptance testing S P S
10. Data migration P S S
11. Data collation, preparation & entry S P S
12. Interfacing/Integration P S S
13. Training of end-user community P S S
14. Implementation of work-arounds P S S
15. Pilot runs/Parallel runs S P S
16. If selected bid includes the provision of P N S
hardware, third-party software and
middleware
17. If selected bid excludes the provision of S S P
hardware, third-party software and
middleware
18. Post implementation maintenance P S S
19. Post implementation support Second Line First Line First Line
LEGEND: P: Primary responsibility
S: Supporting/Assistance responsibility
P1: Project management from the contractor’s end.
P2: Overall project management, supplier management and contract management from the client’s end.
N: No responsibility
In this ITT the bidder is expected to provide evidence and documentation on the following:
1. The provision of a project team with:
• Experience and track record in the provision of the services requested.
• Experience and good knowledge of the software package/s provided.
• Experience and good technical knowledge of the hardware, third-party software and
middleware provided.
• Good business knowledge in the areas of property and financial management.
GPD Land & Estate Management Information System ITT Page 34
• The ability to provide good quality implementation assistance.
• The ability to provide good quality training to the end-user community.
2. The provision of proven software package/s with:
• The ability to satisfy the functional, non-functional and technical requirements and the GPD
business processes.
• Functional richness and extensive features.
• Flexible and simple integration/interfacing capabilities.
• The ability to migrate data from existing systems to the new system.
• The ability to provide flexible and easy-to-use user-end customisation, parameterisation and
configuration facilities.
3. The provision of an implementation strategy and plan that:
• Offers a sound and realistic overall approach that is client focused.
• Offers an approach that seriously takes into account client readiness and time constraints
during implementation.
• Offers a sound quality plan.
• Offers a high quality training strategy that addresses all levels of management and operations.
• Offers a sound and easy data migration strategy.
• Offers a flexible and sound approach to pilot runs and parallel runs.
4. The provision of detailed specifications of hardware required in order to support the software
solution.
5. The provision of the necessary hardware, third-party software and middleware required to support
their proposed software solution.
6. Their financial statements, customer base and local participation in the provision of their solution.
7. The provision of maintenance and efficient post-implementation second-line support.
In addition, the bidder is expected to provide a complete and comprehensive response to this ITT and
to strictly adhere to the response format.
Bidders are requested to quote for the above-mentioned terms of reference. In their
submission, bidders shall provide the way forward and propose a solution that would clearly
establish concrete proposals on how this working relationship can be of benefit to both GPD
and the successful bidder.
Accordingly, this document has been compiled with a view to provide bidders with the necessary
information relating to the business requirements of GPD’s Land & Estate Management Information
System and the possible target environment for the implementation of such a system.
Based on the contents of this ITT document, bidders are requested to assess the level of fit of their
products and services and provide the requested information.
GPD Land & Estate Management Information System ITT Page 35
Any information supplied by the bidders in response to this ITT will be treated as confidential.
3.5 Deliverables
The following list indicates the mandatory and non-mandatory deliverables required in this ITT. Bids
that do not or cannot satisfy the mandatory deliverables will be eliminated during the adjudication
process. Bids that do not or cannot satisfy the non-mandatory deliverables will still be considered in
the adjudication process.
MANDATORY
1. Software package with the following functional areas:
Property Management
Acquisition and Disposal
Accounts Receivable
Accounts Payable
Event Diary
Image and Document Management
GIS Mapping Interface
Report Generator (See Section 5.9)
2. Detailed specifications of hardware required in order to support the software solution. The
hardware offered should cater for the present system configuration taking into consideration the
current and future volumes (including scanned images) as detailed in Section 6.17, Appendix 9
and Appendix 10.
3. All implementation services (i.e. installation, training, data migration, etc);
4. Maintenance and post-implementation second-line support.
NON-MANDATORY
1. Software package with the following functional areas (over and above the mandatory functional
areas):
Additional GIS Mapping
Valuations
Property Maintenance
Workflow
2. Hardware, third-party software and middleware.
GPD Land & Estate Management Information System ITT Page 36
3.6 ITT Time-scales
The following activities are the key events and tentative target dates leading to tender award:
Activity Who Date
1. Publication of ITT Government of Malta 18th February 2003
2. Vendor Briefing Government of Malta 6th March 2003
3. Final date for tender submission Government of Malta 24th April 2003
4. Issue of Letter of Intent Government of Malta July/August 2003
5. Hands-On Evaluation Government of Malta August/September 2003
6. Start of Contract Negotiation Government of Malta / October/November 2003
Bidder
7. Contract Award Government of Malta November 2003
GPD Land & Estate Management Information System ITT Page 37
GPD Land & Estate Management Information System ITT Page 38
4. Functional Requirements
This chapter provides an overview of Land and Estate Management Information System functional
requirements, explains the principal objectives of the system, and outlines its main functions. GPD-
wide implementation of LEMIS will be pursued in phases, requiring the acquisition of required and
optional software, and the related training and technical/implementation support services.
4.1 Property Management
4.1.1 Business overview
The Property Management is the central function of the Land and Estate Management Information
System. The Property Management function will provide GPD with the information required to promote
and maintain the highest and best use of Government's immovable estate. The principal objectives of
this function are to:
• Enable the creation, modification and maintenance of a central, consolidated terrier of
Government's immovable estate (including history of transactions);
• Provide accurate record of owner, property, tenant and lease relationships;
• Provide details of Government's property title (provenance) and tenure - including the recording of
property acquired through donations, ex-services property, gratuitous agreement, operation of law,
seized/forfeited property, easement, etc, amicably and compulsorily purchased property, property
leased from private parties etc.;
• Provide details and tracking of encumbrances on property;
• Provide details regarding extent and condition of property;
• Assist in the protection of government property through ownership registration under the Land
Registration Act;
• Assist in the investigation of nature and extent of immovable property, including usurpation or illegal
encroachment;
• Assist the GPD in the process of classifying and valuing property;
• Assist the GPD in the measurement and monitoring of performance.
4.1.2 System functions
The bidder is requested to complete their response in the requirements table attached in Appendix 6.
GPD Land & Estate Management Information System ITT Page 39
4.2 Acquisition and Disposal
4.2.1 Business overview
The Acquisition and Disposal function will enable GPD to generally administer the purchase, sale/lease
of properties and also acquisition/disposal of various forms of property rights (including for instance the
transfer of administrative rights over property to/from other agents - e.g. the transfer of property to the
Malta Development Corporation). The Acquisition and Disposal function will provide GPD with the
information required to provide the best possible service to customers within the ambit of the laws and
policies regulating the disposable of Government-owned immovable property, the acquisition of private
property required for a public purpose, and the 1991 Church/State Agreement regarding the transfer of
ex-Church property to the State. The principal objectives of this function are to:
• Enable GPD to control and track the operations involved with full/partial compulsory/amicable
acquisitions of land and property;
• Enable GPD to manage and track property (or rights over property) assigned by/to it to/from third
parties/agents via operation of law or corporate strategy decisions;
• Assist the GPD in planning, implementing and monitoring of an equitable process for the acquisition
of property that may required for a public purpose (compulsory acquisition);
• Assist in the identification of what property should be offered for sale/lease or other disposal;
• Provide accurate record of vacant property;
• Enable GPD to control and track the operations involved with full/partial disposals of land and
property;
• Assist in the management of tenant and lease relationships;
• Assist in the tracking and monitoring of lease terms, rent reviews, lease renewals, lease break
options and assignment processes;
• Integrates with other property management modules to provide a full picture of property status.
4.2.2 System functions
The bidder is requested to complete their response in the requirements table attached in Appendix 6.
4.3 Accounts Receivable
4.3.1 Business overview
The Accounts Receivable function will provide GPD with the information required to administer the
business processes relating to the collection of all revenue generated during the property management
process including sales, rents, fees, charges etc. The principal objectives of this function are to:
• Maintain a comprehensive receivables/sales (including rents, legal and miscellaneous fees, interest
and other charges) ledger;
GPD Land & Estate Management Information System ITT Page 40
• Maintain a timely, accurate record and enable the generation of rent demands, reminders, interest
calculation and charging, recovery of costs (legal fees, service charge/expense apportionment),
and bank reconciliation;
• Supports both cash and accrual based accounting;
• Optimise cash flow by identifying outstanding arrears and facilitating credit control by providing
information to assist in the collection of arrears and producing statements and credit control letters;
• Analyse outstanding arrears (arrears ageing profile, defaulters by type/premises/letting etc.);
• Assist in the administration of all property related cash transactions;
• Assist in budgetary control and forecasting;
• Interfaces with existing GPD computer systems to enable the payment of rent at Local Councils
and on the Internet.
4.3.2 System functions
The bidder is requested to complete their response in the requirements table attached in Appendix 6.
4.4 Accounts Payable
4.4.1 Business overview
The Accounts Payable function will provide GPD with the information required to administer the
business processes relating to the payments of monies due by it mainly for property acquisition
(amicable or compulsory), including payments of rents, compensation for loss of crops etc. The
principal objectives of this function are to:
• Maintain a payables/purchases (including rents payable, legal fees, interests, damages etc.) ledger;
• Maintain a timely, accurate record of various types of expenditure (rent, rates, insurance,
maintenance, service charges) and assist in the generation of recurring rent and rates payable;
• Enable the tracking of commitments (particularly regarding expropriated property that has not yet
been compensated for);
• Supports both cash and accrual based accounting;
• Assist in the administration of all property related cash transactions;
• Assist in budgetary control and forecasting;
• Optimise cash flow by identifying outstanding creditors and facilitating debit control by providing
information to assist in the prioritisation of payments due on compulsory acquisitions;
• Analyse outstanding creditors (ageing profile, profiling by creditor type/premises/land/possession &
use, loss of crops etc.);
• Assist in the administration of all property related cash transactions;
• Enables the issuing of cheques for the payment of creditors either via direct cheque printing or else
via interfaces with existing GPD computer systems.
GPD Land & Estate Management Information System ITT Page 41
4.4.2 System functions
The bidder is requested to complete their response in the requirements table attached in Appendix 6.
4.5 Event Diary
4.5.1 Business overview
The Event Diary function will provide GPD with a comprehensive diary, listing details of important
events and future actions. The principal objectives of this function are to:
• Advice users of date-sensitive events – such as rent reviews, inspections and personal
appointments;
• Provide the facility to monitor and report on diary events;
• Generally assist in the property management process.
4.5.2 System functions
The bidder is requested to complete their response in the requirements table attached in Appendix 6.
4.6 Image & Document Management
4.6.1 Business overview
The Image & Document Management function will provide GPD with a comprehensive document and
image collection, storage, and retrieval system. The principal objectives of this function are to:
• Reduce the volume of paper documents;
• Maximise document security and reduce risks;
• Manage documents and images efficiently and safely;
• Shorten process turnaround time by enabling fast and simultaneous retrieval of documents and
images.
4.6.2 System functions
The bidder is requested to complete their response in the requirements table attached in Appendix 6.
4.7 GIS Mapping Interface
4.7.1 Business overview
The GIS Mapping Interface is a core requirement and will enable GPD to interface its textual property
information with the digital maps existing in the GPD’s current GIS systems as well as with any new
GPD Land & Estate Management Information System ITT Page 42
ones that may be independently procured or developed. This function would enable GPD to procure
GIS mapping systems independently of the LEMIS tender. The principal objectives of the GIS interface
would be to:
• Enable the integration of property information with GIS products;
• Provide a bi-directional link between textual and spatial information;
• Enable the spatial representation of property queries.
4.7.2 System functions
The bidder is requested to complete their response in the requirements table attached in Appendix 6.
4.8 Additional GIS Mapping
4.8.1 Business overview
This function is intended to provide GPD with the ability to electronically capture and maintain map
records of all government-owned immovable property in its various forms (land, buildings, rights of way,
servitudes, easements etc.). The Additional GIS Mapping will assist GPD in the better planning and
coordination of various property management processes. The principal objectives of this module are to:
• Maintain a central, consolidated record of Government's immovable estate on maps;
• Provide a bi-directional link between textual and spatial information;
• Enable the spatial representation of property queries;
• Assist in the better planning and coordination of property use and disposal;
• Assist in the maximisation of returns via the overlaying of development planning data;
• Assist in the protection of government property through ownership registration under the Land
Registration Act;
• Enable the immediate graphical representation of land tenure types (owned property, expropriated
property, ex-church property etc.);
• Assist in the investigation of the nature and extent of government immovable property, including
illegal usurpation.
4.8.2 System functions
The bidder is requested to complete their response in the requirements table attached in Appendix 6.
GPD Land & Estate Management Information System ITT Page 43
4.9 Valuations
4.9.1 Business overview
The Valuations function will assist GPD to produce property valuations using various methods from
information stored within the system. The principal objectives of this function are to:
• Provide accurate and secure valuations using various property valuations methods;
• Enable ‘what-if’ type valuations for comparison;
• Enable GPD to analyse and compare property returns.
4.9.2 System functions
The bidder is requested to complete their response in the requirements table attached in Appendix 6.
4.10 Property Maintenance
4.10.1 Business overview
The Property Maintenance function will enable GPD to organise the maintenance of the property by
recording schedules of planned maintenance and the logging of requests for reactive maintenance.
This function is not currently carried out by GPD but is rather an option for the longer term. The
principal objectives of this function would be to:
• Pro-actively and reactively manage property maintenance;
• Monitor and report on maintenance jobs;
• Enable GPD to analyse and compare maintenance costs.
4.10.2 System functions
The bidder is requested to complete their response in the requirements table attached in Appendix 6.
4.11 Workflow
4.11.1 Business overview
The Workflow function should provide GPD with a system that automatically manages document
processing and notifies GPD’s staff of pending work (e.g. review/approval of pending acquisition
request). The principal objectives of this function are to:
• Reduce complexity of processes;
• Shorten process turnaround time by speeding process referrals and enabling delegation of decision
making.
GPD Land & Estate Management Information System ITT Page 44
4.11.2 System functions
The bidder is requested to complete their response in the requirements table attached in Appendix 6.
4.12 Best Practice Approaches
Appendix 6 provides a detailed, but not necessarily comprehensive list of requirements in the indicated
property management areas. The requirements are largely based on GPD’s current operations but also
include other requirements that are intended to provide GPD with new opportunities for efficiency and
effectiveness in the strategic property management process. Vendors shall be expected to illustrate (in
Table 4.12.1) how their software system may be used by GPD to generally cater for the different
functional areas (already listed in Table 4.12.1) as well as to suggest relative best practice approaches
based on their expertise in the area.
Table 4.12.1 – Bidder response to best practice approaches
Functional area Bidder explanation
Property Management
Acquisition and Disposal
Accounts Receivable
Accounts Payable
Event Diary
Image and Document
Management
GIS Mapping
Valuations
Property Maintenance
Workflow
4.13 Property Performance Measurements
Vendors are also expected to explain the property performance measurements that can be extracted
from their proposed system to assess efficiency and effectiveness on the property management
process.
Table 4.13.1 – Bidder response to property performance measurements
Property Performance Bidder explanation
Measurement
GPD Land & Estate Management Information System ITT Page 45
4.14 Bidder Response to Customisation and Work-Around Solutions For
Functional Requirements
This section provides a table that will need to be completed by the bidder in order to further specify their
solution in case of Vendor CustoMisation (VCM), User-end CustoMisation (UCM) and Work-Arounds
(WA).
In so doing, the bidder must:
1. Specify the requirement reference;
2. Provide a brief description of their solution;
3. Categorise the solution or part thereof by type (i.e. VCM, UCM or WA). In the case of a VCM
solution, the bidder is requested to state their intention or otherwise of including the enhancement
in their forthcoming upgrades;
4. Specify the expected degree of difficulty to provide the solution [i.e. high (H), medium (M) or
low(L)].
Functional Requirements
Requirement Solution Description VCM Expected
Reference Degree of
UCM
Difficulty
WA
(H / M / L)
GPD Land & Estate Management Information System ITT Page 46
5. Technical and Non Functional Requirements
Technical requirements have been established in order to help assure that the LEMIS (1) is capable of
meeting a wide variety of workload processing demands; (2) provides transaction processing integrity
and general operating reliability; (3) is easy to install, configure and operate and (4) does not conflict
with other administrative/program systems or other IT standards established by the Government of
Malta.
The systems subject to GPD qualification should meet the technical requirements specified in this
section. The requirements are categorised as follows:
• General Design/Architecture
• Interoperability
• Security
• Operations and Computing Performance
• Year 2000 Compliance
• Infrastructure
• User Interfaces
• Internet Access
• Reporting
• User-end Customisation
5.1 General Design / Architecture
This category includes technical requirements relating to an application’s design, internal data
management, documentation and general ease of use.
The bidder is requested to complete their response in the requirements table attached in Appendix 6.
5.2 Interoperability
The bidder’s proposed system should be capable of two-way interfacing with other systems in use by
the GPD as listed in Section 2. The system should be able to process transactions from other systems
and record and track such transactions and related information to provide the basis for central control.
System interfaces may be manual or automated.
To ensure that data can move effectively between the system and other existing applications operated
by GPD, the system should satisfy the requirements defined in Appendix 6. The bidder is therefore
requested to complete their response in the requirements table attached in the Appendix.
GPD Land & Estate Management Information System ITT Page 47
5.3 Security
This technical category defines internal and external access controls. A qualified system must be
designed to protect GPD’s data from unauthorised access or alteration. Adequate data protection
includes the requirements defined in Appendix 6. The bidder is therefore requested to complete their
response in the requirements table attached in the Appendix.
5.4 Operations and Computing Performance
Technical computing performance requirements define batch transaction loads; concurrent users and
GPD’s determined processing time constraints.
To meet GPD’s Operations and Computing Performance needs, the system should satisfy the
requirements listed in Appendix 6. The bidder is therefore requested to complete their response in the
requirements table attached in the Appendix.
5.5 Year 2000 Compliance
Year 2000 compliance needs ensure that the system is not impacted by date based calculations. To be
year 2000 compliant the system should satisfy the requirements in Appendix 6. The bidder is therefore
requested to complete their response in the requirements table attached in the Appendix.
5.6 Infrastructure
This requirement category identifies computing platforms and operating system environments where a
GPD system could be installed. To meet GPD’s infrastructure related needs, the system should satisfy
the requirements in Appendix 6. The bidder is therefore requested to complete their response in the
requirements table attached in the Appendix.
5.7 User Interfaces
Technical user interface requirements specify how GPD users and operators interact with the system.
To enable users to effectively configure the package, enter transactions, query processing results, or
start/stop internal processes the system interfaces should should satisfy the requirements in Appendix
6. The bidder is therefore requested to complete their response in the requirements table attached in
the Appendix.
5.8 Internet Access
Technical requirements relating to internet access represent a specialised infrastructure subset. These
requirements generally define user connectivity options. To meet GPD’s connectivity options , the
system should satisfy the requirements in Appendix 6. The bidder is therefore requested to complete
their response in the requirements table attached in the Appendix.
GPD Land & Estate Management Information System ITT Page 48
5.9 Reporting Function
The system must be able to flexibly provide timely and useful property-related information and also
other financial and non-financial information to support: (1) the property management role in relation to
all Government immovable property (purchased, expropriated, inherited, ex-Church property, etc.); (2)
lease analyis; (3) legal and financial status of compulsory property acquisitions; (4) budget formulation
and execution functions; (5) management of service delivery and decision making; (6) internal and
external reporting requirements; (7) retrieval of data for analytical purposes; (8) arrears analysis; (9)
billing and invoicing requirements; (10) 'what if' reporting; and (11) any ad-hoc reports and queries.
Reporting requirements can be satisfied by (1) pre-defined reports within the application; (2) report
generation software that is part of the system; (3) generalised reporting/inquiry software that works with
a variety of applications (e.g. Crystal Reports); or (4) a combination of the above.
To effectively support the reporting and ad hoc query function, the system should should satisfy the
requirements in Appendix 6. The bidder is therefore requested to complete their response in the
requirements table attached in the Appendix.
5.10 User-End Customisation
To effectively support GPD’s current and future functional requirements and eliminate any dependency
on the winning bidder, the system should provide GPD with the ability to modify the product to their
particular needs in an easy-to-use manner. It is important that these modifications are retained on
upgrade to newer versions of the product. These needs are listed in the requirements table in
Appendix 6. The bidder is therefore requested to complete their response in the requirements table
attached in the Appendix.
5.11 Bidder Response to Customisation and Work-Around Solutions For
Technical & Non-Functional Requirements
This section provides a table that will need to be completed by the bidder in order to further specify their
solution in case of Vendor CustoMisation (VCM), User-end CustoMisation (UCM) and Work-Arounds
(WA).
In so doing, the bidder must:
1. Specify the requirement reference;
2. Provide a brief description of their solution;
3. Categorise the solution or part thereof by type (i.e. VCM, UCM or WA). In the case of a VCM
solution, the bidder is requested to state their intention or otherwise of including the enhancement
in their forthcoming upgrades;
4. Specify the expected degree of difficulty to provide the solution [i.e. high (H), medium (M) or low
(L)].
GPD Land & Estate Management Information System ITT Page 49
Technical & Non-Functional Requirements
Requirement Solution Description VCM Expected
Reference Degree of
UCM
Difficulty
WA
(H / M / L)
GPD Land & Estate Management Information System ITT Page 50
6. General Requirements
6.1 Implementation Strategy
GPD’s interest is in having as fast an implementation as possible but this does not necessarily entail
that all desired functions are implemented simultaneously or even within the terms of this tender. GPD
is aware that due to human resource constraints the implementation of the listed functionalities will
need to take a phased approach that takes cognisance of its business priorities. The GPD would like to
tentatively complete the implementation of the new software system within a two (2) year period from
the award of the contract. Consideration must be given to possible delays that may be caused by
limited human resources and possible changes in administration.
Bidders are requested to provide an implementation strategy and a high-level plan that will tentativly
achieve the implemetation within the indicated timescales and to specify the amount and type of
assitance that would typically be required from GPD staff to ensure the success of such implementation
strategy. The objective is to enable the adjudication team to evaluate the quality of the bidder’s
approach in terms of:
• Overall approach to implementation
• Realistic time scales taking into consideration the client’s constraints and readiness
• Bidder’s flexibility
• Gap analysis
• Package and process configuration
• Vendor customisation, parameterisation and interface development (nil vendor customisation
preferred)
• User-end customisation
• Training
• Integration
• Data conversion & migration
• Pilot runs/parallel runs
• Cut-over & rollout
• Hardware deployment
• Third-party software and middleware deployment
The bidder must adopt a gradual and phased approach taking into consideration the constraints
imposed by GPD’s availability and the continuity required in terms of the division’s day-to-day
operations. In addition, the bidder must take into consideration the approach to be adopted during the
cut-over period, that is, an interim procedure to be used when putting the new system in production and
retiring the legacy system.
The successful bidder, with the assistance of GPD, will be expected to produce a detailed
implementation plan during contract negotiations. Once agreement has been reached, all parties will
GPD Land & Estate Management Information System ITT Page 51
commit the necessary resources to achieve the successful implementation of the Land & Estate
Management Information System within the agreed time scales.
6.2 Training for the proposed solution
The tenderer must be able to provide good quality local and, if appropriate, overseas training to the
customers requirements and satisfaction. The provision of good quality training is deemed to be critical
for the success of this project and will therefore hold an appropriate amount of weighting during
adjudication.
The bidder must therefore provide a detailed training strategy that will describe their approach in terms
of delivery, training aids, training facilities, trainee types and material. The Bidder's proposal should
describe their approach towards specific training courses to management, operational staff, system
administrators, trainers, implementors and help desk officers. For each type of course state the content
and likely time scale of this training.
6.3 Data Conversion & Migration
GPD currently use a number of information systems. A number of these systems will be replaced by
the successful bidder’s software package. In certain cases the data existing in these legacy systems
must be converted and migrated to the new system. This requirement is specified in detail in Appendix
6.
The bidder is therefore requested to provide a data migration strategy that will transfer data from
existing systems to the new system. One must point out that data migration, which is considered to be
the successful bidder’s responsibility to develop and execute, could be carried out an unspecified
number of times - during user acceptance testing of each module; prior to each module’s pilot run (if
applicable); prior to each module’s parallel run (if applicable); prior to each module’s going live.
6.4 Pilot Runs/Parallel Runs
Bidders are requested to recommend modules that would require a pilot and/or parallel run prior to
going live. They should also provide their proposed approach during this stage of the project life-cycle.
6.5 Quality Plan
Bidders are requested to submit a Quality Plan to address:
1. Project Management: This section should define the vendor’s approach to project management.
2. Quality Management: The table below defines the quality criteria and mechanisms to be used by
GPD in order to assess the quality of the products and services provided by the winning bidder.
This will ensure that the project is technically sound and adheres to established standards.
Bidders are hereby requested to confirm their willingness or otherwise to adhere to the
quality criteria and processes mentioned below if their bid is successful.
GPD Land & Estate Management Information System ITT Page 52
Deliverable Quality Criteria Process
1. Software Software satisfies the 1. User acceptance testing of each
functional, non-functional and module.
technical requirements 2. Integration testing of all modules
specified on the ITT and working together.
bidder’s response.
3. Pilot Run of selected modules.
4. Parallel Run of selected modules.
5. One month of live run.
2. Vendor Customised software, interface 1. User acceptance testing of each
Customisation development, parameterisation module.
(if any) and configuration satisfies the 2. Integration testing of all modules
functional, non-functional and working together.
technical requirements
specified on the ITT and 3. Pilot Run of selected modules.
bidder’s response. 4. Parallel Run of selected modules.
5. One month of live run.
3. Installation on Software package and third Verification processes to ensure that
server/s and party software is successfully software package and third party
PCs installed on server/s and all software are installed successfully on
target PCs. server/s and target PCs.
4. Data Data from existing applications, Verification process to ensure that
conversion & spreadsheets, etc, are data is converted and migrated
migration successfully converted and properly.
migrated to the new system.
5. Training Quality of training delivery, Evaluation carried out by each trainee
material and facilities is at the end of each course. The
classified as satisfactory or average result of all trainees must
higher. score a satisfactory or higher result.
6. Hardware and Hardware, third party software 1. User acceptance testing of each
third-party and software package function module in hardware environment
software in the live environment with provided by bidder.
deployment acceptable performance. 2. Integration testing of all modules
working together in hardware
environment provided by bidder.
3. Pilot Run of selected modules in
hardware environment provided
by bidder.
4. Parallel Run of selected modules
in hardware environment
provided by bidder.
5. One month of live run in hardware
environment provided by bidder.
GPD Land & Estate Management Information System ITT Page 53
3. Configuration Management: This section should describe their approach to change control
practices and sign off, version control and document control.
6.6 Project Team
The vendor shall propose a project organisation which shows the names of the vendor personnel, their
role on the team and their reporting relationships within the team and also the relationship with the GPD
and Client Representative (MITTS Ltd) personnel.
6.7 Vendor’s Personnel
The bidders must include a curriculum vitae of all personnel that would be assigned to the project. This
information should be related to the service being provided.
The Adjudication team will use this information in order to establish the winning bidder’s ability to
execute the implementation. This must therefore include evidence of the following:
• Experience and track record in the implementation of Property Management systems, locally and
abroad;
• Quality and experience of the winning bidder’s personnel assigned to the project;
• Knowledge of property, project, service and financial management;
• Ability to provide good quality implementation assistance;
• Ability to provide good quality training;
• Bidders are further invited to make further citations and/or inclusions that the bidder thinks relevant
to complement and/or explicate the above.
6.8 Vendor Questionnaire
Bidders are requested to complete the Vendor Questionnaire attached in Appendix 2.
6.9 Warranty
The bidder shall unconditionally guarantee that the products provided meet the functional, non-
functional, technical requirements of GPD and published specifications. The Bidder shall bear all costs
necessary to make good for any defects in the software that are discovered during the warranty period.
This would extend from live operation of the first module up to a minimum of twelve months from live
operation of the last module. A software defect shall be considered to be where any program, or
program function, does not correctly perform the function it is intended to perform. It will also include
instances whereby the program or program function does not meet the requirement agreed to between
GPD and the successful bidder.
The bidder shall warrant any hardware products against defects in materials and workmanship for a
minimum period of one year from the date of going live at the client’s site. The bidder is to enclose the
options and remedies that are offered to make good for any existing defects.
GPD Land & Estate Management Information System ITT Page 54
The bidder must make a clear statement to detail the warranty being provided both in terms of the
service level provided and the response times the bidder intends to adopt to these requests. Should
these levels change after the elapse of the warranty period then the bidder is asked to disclose each
variation.
6.10 Maintenance
Bidders are requested to provide maintenance facilities for a minimum period of three (3) years after
expiry of the warranty period. GPD retains the right to extend the maintenance contract for further
periods of one year, retaining the same terms and conditions as negotiated in the contractual
maintenance agreement signed between GPD and the prospective bidder.
Bidders are also requested to describe their company's policy on maintenance of the proposed
package and hardware. This description should cover initial tailoring or future enhancements that will
affect software and hardware maintenance.
The bidder should describe their policy on software amendments and upgrades (to include whether
bidder charges for upgrades and whether upgrades are supplied automatically or on request).
The fixed costs and conditions for carrying out maintenance outside any warranty must also be clearly
stated.
Responses for maintenanace support shall be regulated by the Service Levels as defined in the sample
contracts within this ITT. GPD shall define the priority level of the fault to which the prospective bidder
has to respond within the agreed service level time frames.
Considering the Services Levels defined in the attached sample contracts, it is highly recommendable
that the prospective bidder shall have and provide local support to meet the requested time-frames.
6.11 Post-Implementation Support
Bidders are requested to supply details of their software, hardware and related services support
facilities, stating specifically their policy and their related prices against each of the following:
• Help desk/ Response centre operation;
• The operational hours of the support centre, whether office hours (7:30 to 17:00) or 24 hours and
seven days a week;
• Statement of availability of a rapid on-site support service and the relevant costs;
• Availability of an on-line download of patches and upgrade service;
• Procedure of logging and responding to software calls i.e. Incident Recording system;
• Categorisation of problems and escalation procedure in the event of a serious problem;
• Support out of normal working hours;
• Charging policy (VAT exclusive).
As part of their response bidders must detail their proposed approach to support the system in Malta.
GPD Land & Estate Management Information System ITT Page 55
6.12 Supplier Guarantee
Successful bidders shall be expected to sign a Supplier’s Guarantee regarding “Conflict of Interest” as
per Appendix 3. This declaration is to be signed immediately prior to the issue of the Letter of
Acceptance.
6.13 Site Visits
Should the bidder wish to visit the site prior to tendering, appointments may be made with the Estate
Management Department Secretariat (+356 21232203). Such visit will be conducted following the
vendor briefing session.
6.14 Reference Sites
The bidder is requested to provide at least three potential reference sites. In addition to the possible
site visits contemplated in stage 2 of the evaluation process at Section 8.1 hereof, the successful bidder
may, as part of the implementation phase be asked to make the necessary arrangements for a site visit
by GPD personnel in order to get a detailed view of how the bidder solution has been implemented and
acquire a better understanding of the related issues.
It is important that the sites identified:
• Are similar organisations to GPD in Malta or abroad;
• Are organisations having a size similar to GPD;
• Have similar property portfolio to GPD;
• Have been operational with the proposed systems for at least 18 months;
• Operate the system both over a wide area network and over a number of local area networks;
• Have a similar architectural environment to that outlined in later sections of this document.
6.15 System User Group
The bidder is requested to provide evidence of an active system User Group for the proposed property
management software. Evidence should include details of User Group Committee, Committee
meetings, Annual General meetings, sample newsletters, Feedback meetings agenda and discussions,
Meetings programme for 2003, etc.
GPD Land & Estate Management Information System ITT Page 56
6.16 Number of End-Users
The following lists out the number of end-users that would be using the functional areas mentioned
below. These numbers MUST be used as a basis to calculate the cost of software modules in terms of
licences:
Functional Areas No. of End-Users
Property Management 50
Acquisition and Disposal 50
Accounts Receivable 15
Accounts Payable 15
Event Diary 50
Image and Document Management 50
Report Generator 15
GIS Mapping Interface 30
Additional GIS Mapping 15
Valuations 5
Property Maintenance 1
Workflow 50
GPD Land & Estate Management Information System ITT Page 57
6.17 Volumes
The following is a list of approximate volumetrics that could aid the bidder in evaluating the size and
complexity of the organisation:
Description Volume
Property
Property information requests 1,500
Agricultural land parcels 5,500
Residential units (mainly flats) 8,000
Commercial premises (mainly shops) 1,800
Non-residential units (mainly garages and stores) 4,000
Perpetual leases 900
Property leased to Government departments 1,700
Encroachments 800
Residential units (GPD as the agent of the Housing 4,500
Authority in the collection of ground rents due)
Ex-Church property (various) circa 25,000
Disposals (excluding ex-Church property)
Tenders 140
New lease agreements 150
Use permits 250
Works permits 100
Encroachment permits 400
Sales 30
Lease / rent management (excluding ex-Church
property)
Tenants circa 25,000
Invoices 50,000 p/a
Rent reminders 15,000 p/a
Individual demand letters 2,000
Judicial letters 240
Lease termination warnings 60
Repayment agreements 120
Yearly income (rents / sales) Lm8 million p/a
Acquisition
Pending acquisition cases Circa 6,000
GPD Land & Estate Management Information System ITT Page 58
Acquisition debt > Lm20 million
Compulsory acquisition contracts value (in 2001) Lm3.9 million
Acquisition / recognition rent cheque payments 4,000 p/a
Acquisition / recognition rent cheque payments value Lm60,000 p/a
Employees
Managerial 9
Professionals (Lawyers, Notaries, Legal Procurators & 7
Architects)
Technical 19
Administrative 67
Users
No. of users 50
Estimate no. of concurrent users 45
Estimated annual growth of users for the first three 30%
years of operations
Maps & Plans (see Appendix 10 – GPD Property
Information Resources)
Maps (A1 – TIFF 200 dpi, 24 bit) 1200
Maps (A1 – JPEG 200 dpi, 24 bit) 1750
Master plans (various sizes listed in A10.4.2 – JPEG 970
200 dpi, 24 bit)
Land/Property drawings (various sizes listed in A10.4.4 15900
– JPEG 200 dpi, 24 bit)
GPD Land & Estate Management Information System ITT Page 59
GPD Land & Estate Management Information System ITT Page 60
7. Contractual Requirements
The selected bidder will be expected to enter into the following agreements upon conclusion of
negotiations:
1. Contract for the Supply and Installation of a System
2. Contract for the Software Maintenance and Support
3. Contract for the Hardware Maintenance and Support (if selected bid includes the provision of
hardware)
4. Escrow Agreement
A sample of the Contract for the Supply and Installation of a System, Contract for the Software
Maintenance and Support, Contract for the Hardware Maintenance and Support and Escrow
Agreement are attached in Appendix 15.
GPD Land & Estate Management Information System ITT Page 61
GPD Land & Estate Management Information System ITT Page 62
8. Evaluation Process
8.1 Methodology
This section provides a high-level overview of the evaluation process that will be broken down into the
following stages:
Stage 1: During this stage, bids are evaluated against a set of requirements. Bids that do not satisfy
the mandatory requirements will not be considered any further. The mandatory requirements include
the following:
1. The provision of the following mandatory software modules or functions (See also Section 3.5 –
Deliverables):
Property Management
Acquisition and Disposal
Accounts Receivable
Accounts Payable
Event Diary
GIS Mapping Interface
Image and Document Management
Report Generator (See section 5.9)
2. The provision of implementation services.
3. The provision of maintenance and post-implementation support.
4. The provision of detailed specifications of hardware required in order to support the software
solution.
5. Local implementation capability with the appropriate experience to provide good quality services.
6. An acceptable ITT response that adheres to the expected format.
Stage 2: The bids that have passed the first stage will be evaluated in detail against a set of pre-
established evaluation criteria, as outlined in Section 8.2. The bidders will be requested to conduct a
detailed presentation of their solution and may also be requested to organise site visits to one or many
of their reference sites. At the end of this stage, the adjudication board will draw up and recommend to
Director General Contracts a report in which the bidders are ranked.
Stage 3: On approving the recommendation the Department of Contracts will issue a Letter of Intent to
the best-ranked bidder. As a minimum, the letter of intent will be subject to the successful completion
of this stage.
During this stage, the selected bidder must provide and make available to GPD, at bidder’s cost, an
evaluation environment (i.e. PCs, server and software) of their proposed solution, for a detailed, hands-
on evaluation that could last for a minimum of thirty (30) days and a maximum of sixty (60) days.
During this stage, the bidder will be requested to provide assistance that could include:
• Installation on 2 to 4 PCs and server (if required);
GPD Land & Estate Management Information System ITT Page 63
• The configured package for evaluation purposes;
• Short training to kick-off the evaluation; and
• Support during evaluation.
If the evaluation is successful, the adjudication board will prepare and forward a recommendation to the
Department of Contracts. Acceptance of the recommendation will be followed by contract negotiations
with the selected bidder. Should the evaluation/negoatiations prove to be unsuccessful within the
agreed ITT Time-scales (see Section 3.6), the Department of Contracts reserves the right to repeat
stage 3 with the next best-ranked bidder in accordance with the results of stage 2.
Upon successful completion of the negotiation with the selected bidder, the Department of Contracts
may, at this stage, issue a Letter of Acceptance to the successful bidder and inform the unsuccessful
bidders accordingly.
The Director General Contracts reserves the right to alter any date in the ITT Time-scales (see Section
3.6) without penalty or cost to Government.
8.2 Evaluation Criteria
The selection of a preferred bidder will be determined by an evaluation that will be based on all the
mandatory and non-mandatory modules included in the bid.
Grouping Parent Sub Criteria
A Commercial and • Total acquisition cost of all components over a period of
Contractual three (3) years;
• A sensible, reasonable and fair payments terms that are
linked to acceptance of deliverables;
• The extent of acceptance of the proposed contracts.
B Contractor ability • Bidder’s experience and track record in the provision of
to execute similar systems;
• The quality and experience of the bidder’s personnel
appointed to work on the project;
• Ability of bidder’s personnel to provide implementation
assistance;
• Ability of bidder’s personnel to provide quality training;
• Provision of a range of complimentary software modules for
consideration in the future;
• Availability of reference sites locally and abroad;
• The extent of user group participation in the product
development;
• Ability to provide good quality and timely support services in
adherence to established service level agreements.
GPD Land & Estate Management Information System ITT Page 64
C Product • Ability to satisfy the functional requirements;
Functionality
• Ability to satisfy the non-functional requirements;
• Ability to satisfy the technical requirements;
• Ability to cater for the GPD business processes;
• Ability to cater for property management best practices;
• Ability to provide property performance measurements;
• The functional richness and other features offered by the
proposed systems;
• Ability to provide evidence of flexible and simple integration
capabilities with other GPD systems as identified in this ITT;
• Ability to provide evidence of flexible and simple interface
capabilities with other GPD systems as identified in this ITT;
• Ability to provide evidence in the migration of data from
existing systems to the new systems;
• Degree of flexibility and ease-of-use to customise,
parameterise and configure the systems without requiring
contractor intervention;
• Degree of vendor customisation required to meet
specifications (nil vendor customisation preferred);
• Degree of user-end customisation required to meet
specifications;
• Acceptability of proposed hardware.
D Implementation • Acceptability of proposed overall approach to
Strategy implementation;
• Acceptability of proposed approach to training;
• Acceptability of proposed approach to integrate and interface
with GPD existing systems;
• Acceptability of proposed approach to data migration;
• Acceptability of proposed approach to pilot and parallel runs;
• The extent of acceptance of the proposed quality criteria and
processes.
E Contractor • The financial viability of the bidder;
• The contractor’s customer base;
• The extent of local participation.
F ITT response • Completeness and comprehensiveness of response;
format
• Adherence to the ITT requirements response format.
Bidders are advised that the above mentioned criteria are not listed in order of importance.
GPD Land & Estate Management Information System ITT Page 65
8.3 Credibility of Response
The Bidder's claims for the delivery and performance of the proposed services must be substantiated.
References to similar contracts supporting the performance claimed by the firm will be made.
In addition, the mandate and capability of the Bidder to undertake the necessary commitments will be
verified and assessed. This may include an inspection of the bidder's facility prior to award of the
Tender. Interviews may be conducted during the inspection with key supplier’s management staff.
8.4 Joint bids
The Director General Contracts will consider joint bids as long as these conform to the following:
8.4.1 Joint Ventures
• In a joint bid, all parties will be responsible jointly and in solidum for the proposal submitted
and, if selected for the proper and full execution of the contract in all its requirements;
• The joint bid will be endorsed by all parties forming part of the joint bid;
• All parties forming part of the joint bid shall nominate one spokesperson to assume full
responsibility on behalf of all parties forming part of the joint bid in all communications at all
times;
• The response will clearly explain the reasons for the joint bidding, and advantages to GPD,
offered by the joint bid;
• All parties forming part of the joint bid shall contractually be bound by all conditions imposed by
this ITT;
• The joint bid shall clearly identify the full details of each party in the joint bid;
• Evidence of any previous joint work by the joint bidders will facilitate adjudication.
8.4.2 Sub-Contracting
Whenever a bidder intends to sub-contract works, full details about the sub-contractors are to be
submitted with the tender submissions.
8.5 Right for Non-selection
The Director General Contracts reserves the right to cancel this tender without any penalty or cost to
the Government.
The Director General Contracts does not bind himself to procure the same or similar products and
services solely from the awarded Contractor.
GPD Land & Estate Management Information System ITT Page 66
The Director General Contracts may, at his own discretion, decide not to select any proposal or
not to award any Contract even the most advantageous one.
The Director General Contracts reserves the right to award the Tender in whole or in part to
separate bidders as it deems fit. A holistic approach to a packaged solution will be preferred.
The Director General Contracts also reserves the right not to consider offers that have missing
mandatory deliverables.
The Director General Contracts will consider joint bids as long as these are presented in the
form of a Consortium.
8.6 ITT Award
The chosen Bidder will enter into a contract with the Government of Malta for the provision of
products/services.
A valid Contract does not in any way imply that the holder is an exclusive supplier to Government of the
products or services listed within it, neither does it restrict in anyway the Government to procure the
same or similar products and services whatsoever from other suppliers.
GPD Land & Estate Management Information System ITT Page 67
GPD Land & Estate Management Information System ITT Page 68
9. Cost Schedule
BIDDERS MUST COMPLETE THE SCHEDULE OF PRICES AS SHOWN BELOW AND RETURN IT
WITH THEIR PROPOSAL. FAILURE TO COMPLY WITH THE ABOVE SHALL LEAD TO THE
OUTRIGHT DISQUALIFICATION OF THE TENDER.
A) SOFTWARE MODULES & IMPLEMENTATION SERVICES (See Sections 3.4 & 6.16)
THE COST PROVIDED PER MODULE MUST BE BASED ON THE NUMBER OF END-USERS
SPECIFIED IN SECTION 6.16.
Module & Implementation Services
Product/Service Total Cost (in Lm)
(inclusive of delivery, Value Added Tax, Customs Import
duty, Levy and any other charges as applicable)
Module 1 Module 2 Module n Total
Software
Documentation
Vendor Customisation:
(itemise cost by requirement):
• Requirement (Ref)
• Requirement (Ref)
• Requirement (Ref)
Interface Development
Installation on server and clients
Parameterisation/Configuration
Data Conversion/Migration
Training:
• Training of all end-users
• Train-the-Trainer course
• Specialised training
Implementation Assistance
(Includes gap analysis, assistance
during testing, process re-design,
pilot runs, parallel runs, cut-over
and roll-out)
Project Management
Other
Total
GPD Land & Estate Management Information System ITT Page 69
B) HARDWARE & THIRD PARTY SOFTWARE
Hardware & Third Party Software
Product/Services Total Cost (in Lm)
(inclusive of delivery, Value Added Tax, Customs Import duty,
Levy and any other charges as applicable)
OPTION 1 OPTION 2
ALL MODULES / FUNCTIONS MANDATORY MODULES /
FUNCTIONS ONLY
(See Section 3.4): (See Section 3.4):
Hardware & Third Party Software Hardware & Third Party
assuming ALL modules are Software for MANDATORY
purchased & implemented modules only are purchased &
implemented
Server/s
Database Licences
Operating System Licences
Middleware (if applicable)
Third Party Software Licences
Other Licences
Installation/Configuration
Total
GPD Land & Estate Management Information System ITT Page 70
C) SOFTWARE ANNUAL MAINTENANCE & SUPPORT
Annual Maintenance & Support
Product/Services Annual Cost (in Lm)
(inclusive of delivery, Value Added Tax, Customs Import duty, Levy and any
other charges as applicable)
Module 1 Module 2 Module n Total
Maintenance
Second-Line
Support (During
Office Hours)
Second-Line
Support (After Office
Hours)
Upgrade
Other
Total
Annual
Cost
GPD Land & Estate Management Information System ITT Page 71
D) HARDWARE & THIRD-PARTY SOFTWARE ANNUAL MAINTENANCE & SUPPORT (OPTION 1 –
ALL MODULES)
Annual Maintenance & Support
Product/Services Annual Cost (in Lm)
(inclusive of delivery, Value Added Tax, Customs Import duty, Levy and any
other charges as applicable)
Hardware Database Operating Middleware Third- Other Total
System Party
Software
Maintenance
(including
upgrades)
Second-Line
Support (During
Office Hours)
Second-Line
Support (After
Office Hours)
Other
Total
Annual
Cost
GPD Land & Estate Management Information System ITT Page 72
E) HARDWARE & THIRD-PARTY SOFTWARE ANNUAL MAINTENANCE & SUPPORT (OPTION 2 –
MANDATORY MODULES ONLY)
Annual Maintenance & Support
Product/Services Annual Cost (in Lm)
(inclusive of delivery, Value Added Tax, Customs Import duty, Levy and any
other charges as applicable)
Hardware Database Operating Middleware Third- Other Total
System Party
Software
Maintenance
(including
upgrades)
Second-Line
Support (During
Office Hours)
Second-Line
Support (After
Office Hours)
Other
Total
Annual
Cost
GPD Land & Estate Management Information System ITT Page 73
Item Role Person Day Rate
(Lm)
(Inclusive of Value Added
Tax and any other charges
as applicable)
1 Consultant
2 Project Manager
3 Project Leader
4 Systems Analyst/Designer
5 Programmer
6 Trainer
7 Implementor
8 Other (Specify)
Bidders are requested to ensure that costs submitted are clearly identified and presented without any
ambiguity. Bidders are also to note that during the adjudication process under no circumstances will it
be possible to query or discuss the costs or their representation in any manner.
Prices quoted shall be firm and inclusive of customs duty, levy, and VAT if applicable. All costs
pertaining to duty, levy and VAT should be exclusively stated. They shall be deemed to include and
cover all costs related to licenses, royalties and fees for articles and processes protected by patent or
otherwise incorporated in or used in connection with this proposal.
GPD Land & Estate Management Information System ITT Page 74
10. Tender Response Format
Bidders should provide five (5) copies of the tender document. Four printed copies shall be marked as
Master, Copy 1, Copy 2, Copy 3 and a soft copy . The following section is a guide for Bidders in
preparing and presenting their proposals. (The Bidder shall endeavour to allow the same number
reference and sequence as the tender document).
Section 1: Shall introduce the Bidder and shall include a management summary of the Bidder's
understanding of the assignment.
Section 2: The Bidder is requested to complete the Vendor Assessment Questionnaire,
attached in Appendix 2 and attach it in this section.
Section 3: Shall contain a detailed response to Section 4 of the ITT, i.e. Functional
Requirements.
Bidders should respond to each requirement as outlined in Appendix 6 by strictly
adhering to the format provided.
Bidders should also respond to Section 4.12 – Best Practice Approaches and
Section 4.13 – Property Performance Measurements by strictly adhering to the
format provided.
In addition, this section must include:
Product Overview
The bidder is expected to provide an overview of the solution which is being
proposed for implementation within the target environment. This overview is
expected to cover the following aspects:
• Functionality;
• Architecture;
• Required operating environment;
• Product development plans;
• Whether the product is part of an integrated suite of programmes and whether
other modules are available.
Software Licensing
The bidder is expected to define clearly and comprehensively the required software
licenses for the implementation of the proposed solution in the given scenario.
This definition is to include any third party components that would be required, such
as:
• Database management system software;
• Operating system software on database servers and client personal computers;
GPD Land & Estate Management Information System ITT Page 75
• Connectivity products and networking software;
• Third party products;
• Middleware;
• Workflow / Groupware engines;
• E-mail or messaging engines;
• Development tools.
All run-time royalties or licensing fees must also be clearly specified.
Hardware
The Bidder is expected to define the hardware required in order to support the
software solution. This should include detailed specifications on the type of
Hardware being offered, including the Operating System, CPU, memory, disk
storage system and storage capacity, network protocols and other peripherals
including but not limited to tape backup devices and relative software. The
Hardware offered should cater for the present system configuration taking into
consideration the current and future volumes (including scanned images) as
detailed in Section 6.17, Appendix 9 and Appendix 10. The Bidder should also
specify the upgradability of the hardware offered.
This should exclude personal computers and printers.
Licensing Policies
The Bidder is expected to define licensing policies in this section. This should
include a clear definition of whether there are royalties or charges on runtime
licenses, whether the Contractor provides for bulk license discounts and/or
corporate site licensing. In addition, the bidder shall specify whether licensing is
charged against a concurrent usage basis or a per seat basis.
A specification of maintenance cost structures is also expected for all options of
licensing offered by the bidder.
Section 4: Shall contain a detailed response to the Technical and Non Functional
Requirements identified in Section 5 of the ITT and detailed in Appendix 6. Bidders
should respond to each requirement outlined in Appendix 6 by strictly adhering to
the format provided.
Section 5: Shall contain a detailed response to Appendix 7 of the ITT, i.e. GPD Business
Processes.
Bidders should respond to each Business Processes as outlined in Appendix 7 by
strictly adhering to the format provided.
Section 6: Shall contain a detailed response to the General Requirements identified in Section
6 of the ITT.
Section 7: Shall contain a response to Section 7 of this ITT and of the contractor’s willingness
to use the Government standard contractual agreements (Appendix 15).
GPD Land & Estate Management Information System ITT Page 76
Section 8: Shall contain a detailed response to the cost schedule, Section 9, of the ITT.
Bidders must provide its costs by strictly adhering to the format provided in Section
9.
Section 9: Shall contain any business and technical risks which, in the Bidder’s opinion and
experience, may have an adverse impact on the implementation of the system.
Section 10: Shall contain any additional information that the Bidder may feel will be of benefit to
its response.
Section 11: Shall describe that tender response condition(s) (see ITT Section 11) with which the
Bidder is unable to comply.
Section 12: Shall disclose bidder’s partnership or alliances with any other supplier.
GPD Land & Estate Management Information System ITT Page 77
GPD Land & Estate Management Information System ITT Page 78
11. Tender Response Conditions
11.1 The Bidder's offer shall be valid for a period of 12 months from the tender closing date. The
Government of Malta may request the extension of this validity period.
11.2 All documentation and information obtained by the Bidder in connection with this ITT are the
property of the Government of Malta and may not be used for any purpose other than for
replying to this ITT. Similarly, all information obtained by the Government in connection with
this ITT shall be treated as confidential by the Government of Malta and it’s agents and will be
retained by the Government for disclosure in accordance with established Government
procedures.
11.3 Any soliciting will render the Bidder'(s) proposal invalid. If evidence of canvassing is
discovered after award of tender, the Government shall be entitled to cancel any agreement or
contract with the offending bidder. The Bidder will also be liable for any damages incurred by
the Government directly arising from such a cancellation.
11.4 Bidders shall quote on a delivery to store/site basis INCLUSIVE of Value Added Tax, Customs
Import Duty, Levy and any other charges, as applicable. Moreover the successful bidder shall
be bound to conform in all respects with VAT legislation and regulations.
11.5 The assignment will be undertaken in Malta by the successful Bidder who will be working in
collaboration with the Government of Malta and it’s agents.
11.6 For evaluation purposes the exchange rates at the closing date of the tender as published by
the Central Bank of Malta will be applied.
11.7 The tender will be conducted in English, and all documentation and correspondence will be in
ENGLISH ONLY.
11.8 Skills transfer and training for the assigned GPD personnel are a high priority and must be
undertaken as a specific initiative within the assignment. GPD objective is to be as self-
sufficient as possible in the operation and on-going support and maintenance of the system.
11.9 During the tender evaluation, the Bidder may be asked to supply further clarification to his
proposal and any additional documentation relating to his solution.
11.10 The successful Bidder shall designate a Project Manager who will be primarily responsible for
all work and services, which are to be provided under the conditions of the contract. The
successful bidder shall designate a Commercial/Contractual Manager or equivalent who shall
be deemed the contractor's agent in all dealings with the Client.
11.11 Short listed Bidders may, at their own expense, be required during the conduct of the tender
adjudication, to present in Malta, a synopsis of their proposal and respond to additional items
for clarification or information.
11.12 The preferred Bidder shall be expected, at his own expense, to provide an evaluation
environment (hardware and software) that will enable the adjudication board to evaluate the
solution over a period of 20 to 40 days.
GPD Land & Estate Management Information System ITT Page 79
11.13 The Bidder must designate one business spokesperson who can speak on behalf of the Bidder
during the period of the tender.
11.14 The Bidder should provide a Fax number and email address for the timely communication
during the ITT process.
11.15 Failure by the Bidder to provide technical literature may disqualify the Bidder.
11.16 The Bidder is to provide the Supplier's Warranty (Appendix 4) signed with the response to the
ITT. Remaining value of the bond = (50% of Original Value of the Bond) + (Remaining Percentage Value
of Deliverables * 50% of Original Value of the Bond) - IBS Qstn 17
11.17 The Bidder should provide a Bond (Appendix 5) on signing of the Contract.
11.18 Bidders are required to provide upon request a certificate issued by the Employment and
Training Corporation, indicating the number and details of employees duly registered with the
Corporation. In those cases where bidders intend to sub-contract part of the works, they shall,
upon request, produce an authentic certificate from ETC indicating the respective Registration
number of the nominated sub-contractors. Any Bidder or sub-contractor who fails to provide
the required certificate when requested to do so, will not be eligible for the award of the
contract.
With regard to supply contracts the Director General Contracts reserves the right to request the
submission of the ETC Certificate, prior to the award of the contract, in respect of that part of
the contract which may involve local labour (for example, installation, commissioning or
maintenance). This will apply also in those cases where the bidder is a foreign firm that intends
to utilise local sub-contracting for the elements of the contract just mentioned. The proviso in
the last sentence of the preceding paragraph shall also apply in such cases.
11.19 Any dispute, controversy or claim arising out of or relating to this contract, or the breach,
termination or invalidity thereof shall be settled by arbitration in accordance with the rules of the
Malta Arbitration Centre as at present in force.
11.20 The bidder shall assume full responsibility and accountability regarding the safety of his/her
employees and/or sub-contractors including any third parties involved in the execution of this
contract.
The contractor shall be bound to conform with ACT II of 1994 (promotion of Occupational
Health and Safety) as well as any other 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 contractor’s particular operating situation and nature of works activities.
GPD Land & Estate Management Information System ITT Page 80
12. General Conditions governing the Employment of Labour in
connection with Government Contracts
12.1 The following conditions shall apply to all contracts entered into by the Maltese Government,
the execution of which involves the employment of workers by the other party to the contract
and expenditure of public funds of an amount exceeding Lm500 being contracts for: -
(a) the construction, alteration, repair or demolition of public works;
(b) the manufacture, assembly, handling or shipment of materials, supplies or equipment; or
(c) the performance or supply of services.
12.2 The wages, hours of work and other conditions of labour or workers employed by a Contractor
shall be not less favourable than those established for work of the same character: -
(a) by national laws and regulations as modified by collective agreement or other recognised
machinery of negotiation between employers and workers representatives respectively of
substantial proportions of employers and workers in the trade or industry concerned or by
voluntary settlement or arbitration award under the Industrial Relations Act affecting such
employers and workers; or
(b) failing such modifications described in (a) by the laws and regulations as modified by the
general level observed by the employers in the trade or industry in which the Contractor is
engaged; or
(c) failing the applicability of (a) and (b), then by collective agreements, voluntary settlements
or arbitration award, or by the general level in the trade or industry.
12.3 On the tendering for Government contracts, the Contractor shall certify that to the best of his
knowledge and belief, the wages, hours of work and conditions of labour of workers employed
by him in the trade or industry in which he is offering himself as a Contractor are fair and
reasonable having regard to the provisions of condition 12.2 above.
12.4 Any difference or dispute arising as to what wages ought to be paid, or what hours or other
working conditions ought to be observed in accordance with the requirements of condition 12.2
shall, if not otherwise disposed of, be referred to the Industrial Tribunal for settlement by it.
12.5 The Contractor shall keep proper wages books and time sheets showing the wages paid to and
the time worked by the workers in and about the execution of the contract, and he shall be
bound, whenever required, to produce such wages books and time sheets for the inspection of
any person authorised by the Head of Department concerned or by the Head of the Department
of Labour and Emigration. (applicable only to Local employees)
12.6 The Contractor shall also, when required to do so furnish to the Department concerned or to
the Department of Labour and Emigration such further detailed information and evidence as the
Head of the Department may deem necessary in order to be satisfied that these conditions
have been complied with.
GPD Land & Estate Management Information System ITT Page 81
12.7 (1) A Contractor shall not be entitled to payments of any money which would otherwise be
payable under the terms of the contract in respect of the work and labour performed in the
execution of the contract unless and until he shall have filed a statement, certified by him to be
correct, showing: -
(i) the rates of wages and hours of labour of the various classes of workmen employed in the
execution of the contract;
(ii) whether any wages in respect of the said work and labour remain in arrears; and
(iii) that all the labour conditions of the contract have been complied with.
(2) Where the works carried out by the Contractor extend over a period of six months or more,
the Contractor shall file such a statement every six months, even where he shall be entitled to
payment only when the works have been completed.
12.8 If any worker employed in the execution of the contract files a claim in the Department of
Labour and Emigration that any payment in respect of wages due to him has not been made,
the Director of Labour and Emigration may, if the claim is proved to his satisfaction and if the
Contractor fails to pay, arrange for the payment of such claim out of the moneys at any time
payable to the Contractor under the said contract and the amount so paid shall be deemed a
payment under the contract.
12.9 Any Contractor who contravenes these conditions shall not be allowed to tender for
Government contracts for such period as the Government may determine.
12.10 Contractors shall recognise the freedom of their workers to be members of registered trade
unions.
12.11 It shall not be lawful for the Contractor to transfer or assign the contract, directly or indirectly, or
any part, share or interest in it or any amount due by the Government, therefor, to any person
or persons whomsoever, without the written consent of the Government.
12.12 The Contractor shall be held responsible for compliance with these conditions by sub-
Contractors, or by assignees of contracts on whose behalf application is made by the
Contractor in terms of the preceding paragraph of these conditions. The limit of Lm 500 shall
not apply to sub-Contractors and assignees of contracts.
12.13 These conditions shall not apply to employees of Contractors occupying positions of
management, or of a technical, professional or scientific character who do not ordinarily
perform manual work.
GPD Land & Estate Management Information System ITT Page 82
13. General Conditions of Contract for the Execution of Works in
Malta in connection with Government Contracts
13.1. In these conditions and in any specifications or special conditions annexed hereto:
(a) the word ‘Government’ shall mean the Government of Malta;
(b) the word ‘Inspector’ shall mean the engineer or other person or persons appointed
by Government to inspect the work when the Government decides to have
inspection;
(c) the words ‘Head of Department’ shall mean the Head of Government Department
in Malta – by whom or on whose behalf the tender is being issued – and shall
include any officer in that Department duly authorised by him;
(d) the word ‘Accountant General’ shall mean the ‘Accountant General and Director
General Contracts’ in Malta;
(e) the word ‘Contractor’ shall mean any person or persons whose tender for the work
referred to shall be accepted by the Government;
(f) the word ‘work’ shall also include articles of every description and materials of
every kind in every stage of their preparation – to be supplied under the contract
for the execution of the contract works;
(g) the word ‘Malta’ shall have the meaning assigned to it by section 126 of the
constitution;
(h) the word ‘variation’ shall mean any increase or decrease in the quantity of works or
any extra work required for the completion of the contract.
13.2. The Contractor shall indemnify the Government against all claims at any time on account of
patent rights or royalties, whether for manufacture or for use in Malta. In the event of any
claims being made against the Government in respect of which the Contractor is liable under
this condition, the Contractor shall be notified thereof and may at his own expense conduct any
litigation that may arise there from, or any negotiations for settlement.
13.3. The Government shall have the power to require reasonable alterations in the work or any of its
details; and, if such alterations do not involve extra expense, no payment shall be made in
respect of them.
13.4. The Contractor shall not receive payment beyond the contract sum for any work which he may
consider that payment should be made as an extra, unless such work shall have been ordered
as extra work, or unless the Contractor, before commencing such work, shall have claimed in
writing that it should be paid for as an extra, and the Inspector or the Head of Department shall
have certified in writing the claim is reasonable and proper.
13.5. (i) Subject to what it stated at para 13.3 above, the Head of Department shall make variations
in the form, quality or quantity of the works or any part thereof that may in his opinion be
necessary, and for that purpose or if for any other reason it shall in his opinion be desirable,
shall have power to order the Contractor to do, and the Contractor shall do any of the following:
(a) increase or decrease the quantity of any work included in the contract;
(b) omit any such work;
(c) change the character or quality or kind of any such work;
(d) change the levels, lines, position and dimensions of any such work;
(e) execute additional or extra work of any kind necessary for the completion of the
works; and no such variation shall in any way vitiate or invalidate the contract but
GPD Land & Estate Management Information System ITT Page 83
the value (if any) of all such variations shall be taken into account in ascertaining
the final amount of the contract sum.
Provided however that no such increase, decrease, alteration or omission made
under this clause shall be such as to augment or diminish the entity of the contract
by more than 20%.
(ii) No such variation shall be made by the Contractor without an order in writing of the Head of
Department. Provided that no order in writing shall be required for increase or decrease in the
quantity of any work where such increase or decrease is not the result of an order given under
this clause but is the result of quantities exceeding or being less than those stated in the Bill of
Quantities. Provided also that if for any reason the Head of Department shall consider it
desirable to give any such order verbally, the Contractor shall comply with such order and any
confirmation in writing of such verbal order given by the Head of Department whether before or
after the carrying out of the works, shall be deemed to be an order in writing within the meaning
of this clause. Provided further that if the Contractor shall confirm in writing to the Head of
Department any verbal order, and such confirmation shall not be contradicted in writing by the
Head of Department, it shall be deemed to be an order in writing by the Head of Department.
13.6. The Government shall determine the amount (if any) which should be added to or deducted
from the sum named in the Tender in respect of any extra or additional work done or omitted by
its order. All such work shall be valued at the rates set out in the contract if the same rates
shall be applicable. If the contract shall not contain any rates applicable to the extra or
additional works, then suitable prices shall be agreed upon between the Government and the
Contractor. In the event of disagreement, the Government shall fix such prices as shall in its
opinion be fair and reasonable.
Provided that no such increase of the contract sum shall be made unless as soon as after the
date of the order as is practicable, and in the case of extra or additional work before the
commencement of the work or as soon thereafter as is practicable, notice shall have been
given in writing.
i. by the Contractor to the Head of Department of his intention to claim extra payment, or
ii. by the Head of Department to the Contractor of Government’s intention to fix a rate or
price as the case may be.
13.7. In the event of additions being made, or for any other valid reason, the Government may, if it
thinks it necessary, extend the time for delivery or completion for such period as it may
consider reasonable or proper. The Contractor shall be informed in writing of any such
extension.
13.8. Should there be any discrepancy between the contract drawings and the specifications, or any
inconsistency or omission in either of them, reference must be made to the Inspector or the
Head of Department for an explanation and the Contractor will be held responsible for any
errors that may occur in the work through neglect of this precaution.
13.9. The Contractor shall deliver the whole of the work, complete in all its parts and furnished with
every necessary detail and fitting, notwithstanding any omission or inconsistency in the contract
drawings and specification.
13.10. Before proceeding to execute any work, the Contractor shall obtain the Inspector’s or the Head
or Department’s approval of the manner in which the Contractor proposes to execute each
portion of the work, and shall furnish such drawings or information as the Inspector or the Head
of Department shall require.
GPD Land & Estate Management Information System ITT Page 84
13.11. The Contractor shall take all risks of accident or damage to the work, from whatever cause
arising, and shall be responsible for the sufficiency of all means used by him for the fulfilment of
the contract, and shall not be relieved from such responsibility by any approval which may have
been given by the Inspector or the Head of Department.
13.12. The materials and fittings of every kind used are to be free from defects and, unless otherwise
specified, are to be of the best description of their respective kinds. The workmanship is to be
of first class character, and the degree of finish such as the Inspector or the Head of
Department shall require.
13.13. The Inspector or the Head of Department may adopt any means he may think fit to satisfy
himself that the materials specified are actually used, and he shall have power throughout the
contract, either personally or by deputy, to inspect without giving previous notice, the entire
work or any part thereof at every stage of progress and whenever the work, or any part thereof,
may be in progress, he shall also have power subject to clauses 13.3, 13.4 and 13.5 above, to
amend or alter anything he may think fit and to reject any parts of the work of which he may
disapprove.
13.14. Should the Contractor anticipate at any time during the execution of the contract that he will be
unable to deliver the work within the contract time, he must at once give notice accordingly, in
writing, to the Head of Department explaining the cause of the delay.
13.15. The contract time for delivery shall be the period or periods named in the Letter of Acceptance
of tender and shall be reckoned from the date of the receipt of the said letter or from the date of
the order to start work whichever may be applicable.
Provided that any written order to start work shall be issued not later than six (6) weeks from
the date of Letter of Acceptance.
13.16. Any drawings, tracings, descriptions or other literature specified must be furnished by the
Contractor with the first consignment of the work to which they refer, and payment will not be
made by the Accountant General until such drawings, tracings, descriptions or other literature
have been furnished to the satisfaction of the Inspector or the Head of Department.
13.17. It shall not be lawful for the Contractor to transfer or assign the contract, directly or indirectly, or
any part, share or interest in it or any amount due by the Government therefore, to any person
or persons whomsoever, or to sublet the contract or any part of it, or to allow any portion of the
work to be done otherwise than in his own establishment, without the written consent of the
Government.
13.18. When any materials to be supplied by the Contractor for the execution of the contract work
require to be weighed, the weighing shall be done by a public weigher attached to the Customs
Department at the Contractor’s expense and at such place or places as shall be fixed by the
Head of Department.
13.19. Should there be any discrepancy between the General Conditions and any special conditions
or specifications of any contract, the special conditions or specifications shall be followed in
preference to the General Conditions.
13.20. Payment will be made by the Treasury in accordance with the terms of the Bond (Bank
Guarantee) referred to at clause 13.32, within a reasonable time after due completion of the
GPD Land & Estate Management Information System ITT Page 85
works to the satisfaction of the Head of Department. Payment will be subject to any deductions
to which the Contractor may have become liable under this contract.
13.21. If the work is not completed and delivered within the time specified in the contract, the
Contractor shall be liable to a penalty of one per cent up to the day on which the work is
delivered. Provided that the Government may remit such penalty, wholly or in part, if it is
satisfied that the delay could not have been avoided. Delays in the supply of materials to the
Contractor will not be admitted as a ground for remission or deduction of penalty, except in so
far as they may have arisen from strikes or other causes which could not be foreseen or
overcome by the manufacturers, suppliers or vendors of such materials.
Provided that in the latter event unless the Contractor within six (6) weeks from the due date of
delivery of the materials to site, resumes supplies of such materials as provided for in these
conditions, Government without prejudice to its rights under clause 13.21, 13.23 and 13.24
hereof, shall be entitled to hold the Contractor responsible for damages incurred by
Government as a result of the delays referred to in these conditions.
13.22. In the event of any difference of opinion between the Head of Department and the Contractor,
the dispute shall be referred to a committee composed of the unofficial members of the
Contracts Committee, whose decision shall be final and binding. Provided also that such
members of this committee shall in no way, directly or indirectly, have any interest in the
contract in question.
13.23. (a) Should the Contractor from any cause whatever, become unable or fail to carry on the
contract with efficiency; or should he not progress with the work in the manner intended by the
contract, or not have the work ready for delivery in conformity with the terms of the contract; or
should his preparations for commencement and his subsequent rate of progress be so slow,
from any cause whatever, that, in the opinion of the Head of Department he will be unable to
complete and deliver the work by expiration of the specified period; or should he refuse or
neglect, to comply with the directions given him by the Head of Department or in any other
respect act contrary to the terms of the contract, then the Government shall have the power to
declare the contract at an end, and the Contractor shall only be paid for such portion of the
work as shall have been actually delivered at the date of such declaration of any sum leviable
under the conditions of the contract. When the work is tendered for in a lump sum, the portion
of the work that shall have been actually delivered at the date of such declaration will be valued
by the Head of Department which valuation after being approved by the Government, and
subject to any deduction leviable under the conditions of the contract, shall be final.
(b) The Contractor shall, in addition, be liable to pay the Government, or the Government shall
be entitled to further deduct the value of any expense, loss or damage (including any difference
between the contract price of the work to be done, under the contract. or of such portion
thereof as may not have been delivered at the date of such declaration as aforesaid, and the
price which the Government may have to pay for similar work provided in lieu of such portion as
may not have been so delivered) which the Government may be put to or sustain by reason of,
or in connection with the Contractor’s breach of contract.
13.24. Should the Contractor abandon the work he will forfeit the Bond (Bank Guarantee). If there is a
hypothec as stipulated in clause 13.33 in the name of the Contractor the amount of the
hypothec shall however be reduced to one-fourth of the total value of contract. The work may
be considered to have been abandoned if the Contractor fails to commence it within 3 working
days from the date of the acceptance of tender or from the order to start work or if he stops
GPD Land & Estate Management Information System ITT Page 86
work for 3 consecutive working days without previously obtaining permission from the Head of
Department.
13.25. Besides the penalties for delay envisaged in these conditions and without prejudice to all his
other liabilities arising out of the contract, the Contractor shall also become liable to a penalty if
the rate of progress of the work throughout the contract period is not satisfactory. The
Contractor shall be considered to be in default if he fails to carry out every month at least 70%
of the estimated average progress. For the purpose of assessing such average progress the
value of the contract shall be divided by the number of months stipulated in the contract period.
Within each month the Contractor should complete works whose value is equivalent to the
average progress obtained as above. Hence in the case of contracts having a completion
period of 6 or more months, no penalty shall be imposed for the first month from the date of
allocation of the contract. Should the Contractor’s progress fall below the minimum percentage
progress, he will become liable to a penalty equivalent to 2% of the value of the contract in
respect of every month during which progress is below standard. If the Contractor completes
the whole contract within the stipulated period, the Government may consider the refund of any
penalties the Contractor may have incurred for slow monthly progress.
13.26. The Contractor shall surround any excavations which may be made in public thoroughfare in
connection with this contract, with such protection and shall light the same at night in such a
manner and with such lamps, as the Head of Department shall direct. The Contractor shall
further fulfil all the obligations imposed by Art. 19 of the Police Laws.
13.27. It shall be lawful for the Head of Department to reject without the necessity of prior legal
proceedings any consignment or work or part thereof, which in his opinion does not possess
the qualities or does not conform to the standard required under the contract and to obtain it
elsewhere, or have it replaced at any price, and on Contractor’s account, should the latter fail to
replace the articles or the work rejected within the time allowed for the purpose by the Head of
Department.
13.28. Within prejudice to the Government’s right 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, any such infringement shall render the Contractor, in each case, liable to a deduction
by way of damages of 5 per cent of the value of contract or the sum of Lm 10, whichever is the
greater unless the Government elects, with regard to each particular infringement, but not
necessarily with regard to all infringements, to claim actual damages incurred.
13.29. The Government is not bound to accept the lowest or any tender and shall not give reasons for
the acceptance or rejection of a particular tender.
13.30. The Government reserves the right of accepting any tender wholly or in part, or of dividing the
contract among two or more tenderers.
13.31. The award of the contract does not exonerate the Contractor from the obligation of obtaining
any other permit and/or licence that may be required under any law, principal or subsidiary, in
force in Malta from time to time.
13.32. The Contractor shall within seven days in the case of a local Contractor, (fifteen days in the
case of an overseas Contractor) – such periods to commence from the date of the Letter of
Acceptance – furnish the Bond (Bank Guarantee) by a local Bank referred to in the form of
tender amounting to 10% or 15% according to the value of the contract.
GPD Land & Estate Management Information System ITT Page 87
13.33. Where contracts for construction works only are involved, the Contractor shall, in addition to the
Bond (Bank Guarantee) referred to at clause 13.32, be required to hypothecate all his property
in general for not less than one half (50%) of the value of the contract, subject to the
Government being satisfied that the Contractor enjoys a legal title over property of a
corresponding amount.
13.34. Notwithstanding anything contained herein or in the notice for tender or in the form of tender, if
a tenderer happens to be a statutory body having a distinct legal personality and if a contract is
awarded to such to such a body, a Bank Guarantee will not be required and the provisions of all
clauses relating to the submission of a Bank Guarantee shall not apply but the said body shall
bind itself to indemnify the Government against any failure on the part of such body to comply
with any of the conditions of the tender.
13.35. This contract shall be, and be deemed to be a Maltese contract and shall be governed by and
construed according to the laws for the time being in force in Malta. Notwithstanding any other
disagreement or claims, the Maltese Courts shall have exclusive jurisdiction to hear and decide
on the merits of the matter in dispute.
GPD Land & Estate Management Information System ITT Page 88
Appendix 1 – Standard Platform
MITTS Ltd. has installed and supports a Government data network, allowing it to distribute processing
power, data storage and user access as appropriate. The network also facilitates the sharing of
information between systems. Through its single corporate network consisting of a large number of
integrated sub-networks, MITTS Ltd. provides the architecture with the potential for any two users to
communicate.
The Government network is being implemented using open, reliable and expandable standards and
protocols. The current standards are listed below:
File Server Operating System UNIX NCR Unix SVR4 ver.3.02.01
Red Hat Linux Advanced
Server 2.1
Windows Windows NT
Windows 2000
LAN Transmission Method IEEE 802.3 Ethernet
Fast Ethernet
Routing Protocol TCP/IP
Data Base Management System Informix (Unix) CV 7.31.UC4X3
Microsoft SQL Server Version 7.0 (NT)
Microsoft SQL Server 2000
Desktop Operating System Microsoft Windows Windows 95, Windows 98,
Windows NT and Windows
2000 or higher
Terminal Standard or Emulation Mode VT220
Office Automation Software Microsoft Office Office 98 and Windows 2000
or higher
E-Mail Server TeamWare Teamware Server 5.4 or
higher
E-Mail Client TeamWare TeamWare Client 5.4 or
higher
Web browser Internet Explorer IE 5.0 or higher
The Government of Malta is deeply committed to Open Systems and Open Systems Interconnect
(OSI). It is imperative that the Government of Malta protects its investment by building a system and
network architecture which will be OSI compliant and interoperable with the European Union (EU) as
soon as technically possible. Therefore, it is in the interests of Contractors to comment on the extent to
which their product is OSI compliant and how they plan to evolve with OSI, in particular the system
proposed adherence to X.400.
GPD Land & Estate Management Information System ITT Page 89
GPD Land & Estate Management Information System ITT Page 90
Appendix 2 – Vendor Assessment Questionnaire
A2.1 Introduction
The objective of this Questionnaire is to provide the client with the information necessary to assess the
Bidder’s ability to undertake the assignment, together with the Bidder’s ability to Supply and Support the
products and services being offered.
The bidder is obliged to fill in this questionnaire wherever applicable and submit as part of the tender as
detailed in Tender Response Format, Section 10.
Distributors or agents should forward copies of this questionnaire to the manufacturer(s) of all products
included in their response to ITT. The distributor or agent must ensure that questions related to the
manufacturer(s) are complete and are included in the response to IT.
A2.2 General Vendor Information
To be completed by Manufacturers, distributors and agents.
1. Short Company Profile
(Please include company introduction
including whether the company is owned
by a parent company or whether it has a
partner company)
2. Bidder’s Experience in the IT field and the
Credentials for undertaking this
assignment (Property Management
System)
3. Registered Name of Company
Place of Registration
4. Date company was founded
GPD Land & Estate Management Information System ITT Page 91
5. MANUFACTURER ❏ DISTRIBUTOR ❏ AGENT ❏
In case of Distributor/Agent, please specify manufacturer of Application Software
6. Local Address: Head Office Address:
7. Telephone Number: Telephone Number:
8. Fax Number: Fax Number:
9. Sales Contact name, position, location: Product Manager's name and location:
10. Banker’s Name and address:
11. Please supply copy of the Organisation
Structure
12. Main business activities
13. Number of personnel employed (full-time Total personnel Working on Property
and/or part-time) in the following Management System
categories:
• Software Development;
• Quality and Testing;
• Customer/Technical support;
• Research & Development;
• Implementation Services;
• Training.
14. Personnel Turnover Rate
GPD Land & Estate Management Information System ITT Page 92
A2.3 Commercial/Financial Considerations
To be completed by Manufacturers, Distributors and Agents.
15. Company Ownership: (Private, Public, Subsidiary, Holding etc.)
16. What was the past and projected financial growth rate of the company?
17. What were the total company turnover and Property Management System turnover for the
past 3 years (including year to date of current fiscal year)?
Total Turnover Property Management System
Turnover
2002
2001
2000
18. Please supply copies of your last three years Audited Annual Reports.
19. Has there been any major trading position changes in the past 3 years?
20. Please state your Property Management System market share globally, in the USA and
Europe.
21. What percentage of your company turnover is spent on research & development?
22. For how long do you anticipate the proposed product(s) remaining in full production?
GPD Land & Estate Management Information System ITT Page 93
23. Please provide a list of reference sites including contact names, e-mail addresses,
telephone and fax numbers of your clients who can be:
a. Visited by Client.
b. Contacted for references.
A2.4 Product Considerations
To be completed by Manufacturers, Distributors and Agents.
24. Outline briefly the PRODUCT EVOLUTION of the past releases of the Application,
specifying the progression from one release to the next.
25. Please provide “product road map” indicating the strategic plan for the ongoing
development and support of the product(s).
Response is to include: (1) current release number; (2) next major release date; (3)
additional functionality / benefits that will be included in the next release; (4) frequency of
major releases made (on average); and (5) for how long are previous releases supported.
26. Is the application currently in use by any uniformed/military force?
Yes ❏ No ❏
Optionally supply documentation in support of this claim to strengthen your bid.
GPD Land & Estate Management Information System ITT Page 94
A2.5 Quality Considerations
To be completed by Manufacturers, Distributors and Agents.
Please forward any Documentary evidence you hold related to the following Test Requirements and
Procedures of the proposed product(s). If the documentary evidence is NOT currently available, please
indicate when it will be delivered to GPD.
27. Is there an IS0 9000 certification covering the software development group
developing/maintaining the application? Does it cover the software design activity?
Yes ❏ No ❏
If not, is there a publicly available commitment by the company to go for ISO 9001 (or ISO
9002) in specified time scales?
Yes ❏ No ❏
In either case, supply documentation in support of this claim to strengthen your bid.
28. Has the application been in use by at least two organisations/clients for the past two years
during which time those organisations were ISO 9000 certified (ISO 9001 or ISO 9002
acceptable)?
Yes ❏ No ❏
If Yes, supply documentation in support of this claim to strengthen your bid.
29. For the past two years, has the application been in use by at least two organisations/clients
during which time those organisations were operating :
Under a FDA regime? Yes ❏ No
❏
Under an HACCP regime? Yes ❏ No
❏
Under an ISO 25 regime? Yes ❏ No
❏
Under both ISO 25 and ISO 9001? Yes ❏ No
❏
Under both a FDA and an ISO 9001 regime (ISO 9001 or ISO 9002 Yes ❏ No
acceptable)? ❏
Under both a FDA and an ISO 9000 regime (ISO 9001 or ISO 9002 Yes ❏ No
acceptable)? ❏
Other state which?
GPD Land & Estate Management Information System ITT Page 95
Optionally supply documentation in support of each claim to strengthen your bid.
30. Has the application been certified under a Security Authority?
Yes ❏ No ❏
If Yes, state details and supply supporting documentation.
31. Testing Strategy and Results.
During Product Development and testing, GPD expects the contractor to have completed
the tests indicated below. Please indicate against each item if the procedure was carried
out. If yes, can a copy of the report be made available for examination by GPD?
Testing Strategy Yes ❏ No ❏
Functional Test Report Yes ❏ No ❏
In-built Diagnostic Test Verification Yes ❏ No ❏
32. Do you have a Change Control Procedure in Place?
Yes ❏ No ❏
Do you employ the following, if not please indicate how you deal with each item.
Build history data enabling traceability to module level? Yes ❏
No ❏
System to deal with Systematic Quality Control? Yes ❏
No ❏
GPD Land & Estate Management Information System ITT Page 96
Formal Test procedure, with tabulation of results to demonstrate Yes ❏
conformance with Design requirements? No ❏
GPD Land & Estate Management Information System ITT Page 97
A2.6 Support Considerations
To be completed by Manufacturers, Distributors and Agents.
A2.6.1 Software Support
33. Are you able to provide support round the clock?
Yes ❏ No ❏
34. How will the client be notified of changes to the product(s) and its documentation?
35. Do you provide for client requested enhancements and custom sales?
Yes ❏ No ❏
A2.6.2 Hardware Support
36. What spares stocks are held on site?
37. What is the normal lead time for spares?
38. Is there an emergency spares supply service? If yes what response time does it offer?
GPD Land & Estate Management Information System ITT Page 98
GPD Land & Estate Management Information System ITT Page 99
Appendix 3 – Conflict of Interest
Conflict of Interest
We
..........................
(supplier’s name)
..........................
(address)
warrant, under our sole responsibility, that:
1. at the time of entering into any contract of supply with the Government Property Division, throughout
the duration of any such contract, and for three (3) months thereafter, neither the contracting
company nor any of its associated companies or their directors is or shall be in business, or has or
shall have commercial interest, or, has or shall have employer / employee, relations with any
employee or consultant of the Government Property Division or MITTS Ltd., whether directly or
indirectly, full or part-time, paid or unpaid, in a consultancy or in any other role or form whatsoever
without the Government Property Division’s prior written consent;
2. we understand and accept that this warranty may be made public by the Director General if, in his
considered opinion, circumstances arise which warrant such publicity.
3. we understand and accept that any infringement of this warranty may, at the discretion of the
Government Property Division, result in severance of any or all contracts of supply between an
offending supplier and the Government Property Division. This shall not prejudice any rights
pertaining to the Government Property Division which rights shall have arisen prior to any severance
of contract as above stated.
…………………………. ………………………………………………
Place and date of issue Name and signature of company director
GPD Land & Estate Management Information System ITT Page 100
GPD Land & Estate Management Information System ITT Page 101
Appendix 4 – Supplier’s Warranty
Confidentiality Agreement
1. The undersigned undertakes to treat all the information with which s/he comes across in relation to
this assignment with confidentially.
2. The confidentially understood in (1) shall be commensurate with the highest standards practised in
Government and Financial institutions certified to BS 7799.
3. It is understood and accepted that the provisions of the Official Secrets Act of Malta shall apply.
4. In case of any conflicting requirement or interpretation between BS 7799 and its implementations,
and the Official Secrets Act of Malta, the latter shall in all cases prevail.
…………………………. ………………………………………………
Place and date of issue Name and signature of company director
GPD Land & Estate Management Information System ITT Page 102
GPD Land & Estate Management Information System ITT Page 103
Appendix 5 – Bond
The Director General Contracts
In connection with the agreement entered into between yourself on behalf of the Government of Malta
and
...........................................................................................................................
...........................................................................................................................
(Name and Address of Contractor)
referred to as "the Contractor" as per the latter's tender dated ........................... and your acceptance
(Ref....................................) of the........................................ whereby the Contractor undertook to
provide, supply, deliver to site/store, erect complete, hand over in working order and thereafter maintain
* in accordance with the terms of Clause ...................... of the Contract the works/services as
mentioned, enumerated or referred to in the Specifications and / or Bills of Quantities forming part of the
tender document, we hereby guarantee to pay you on demand a maximum sum of (amount in words
and figures) ......................................... (Lm..........................) in case the obligations under the above-
mentioned agreement are not duly performed by the Contractor.
It is understood that this guarantee will become payable on your first demand and that it shall not be
incumbent on us to verify whether such demand is justified.
For avoidance of doubt it is hereby declared that although this instrument gives rise to legal relations
between the guarantor and the Government of Malta, it is hereby specifically declared for all intents and
purposes of law that this guarantee does not exempt the above-mentioned Contractor from any
obligations, acts of performance or undertakings assumed under the tender documents as ratified in the
Contract.
Any payments due to the Contractor in respect of the obligations entered into under the contract above
referred to shall be made through this Bank.
This guarantee expires on the .............................. and unless it is extended by us or returned to us for
cancellation before that date any demand made by you for payment must be received in writing not
later than the aforementioned expire date.
This document should be returned to us for cancellation on utilisation or expire or in the event of the
guarantee being no longer required.
........................................ ........................................
(Local Bank) Manager Accountant
I accept in their entirety the conditions set out above ........................................
Contractor
*Delete where not applicable.
GPD Land & Estate Management Information System ITT Page 104
GPD Land & Estate Management Information System ITT Page 105
Appendix 6 – Functional, Non-Functional & Technical Requirements
A6.1 Bidder’s Response
The requirements tables below includes:
1. A unique requirement reference.
2. Weighting set by GPD that signifies the importance and criticality of the requirement. These are:
3. R – Signifies that the requirement is important and REQUIRED.
4. N – Signifies that the requirement is considered to be NICE TO HAVE.
5. Please note that requirements marked as ‘R’ carry a higher mark than an ‘N’.
6. A description of the requirement.
7. The bidder’s response to the requirement:
• Column 1: The bidder is here requested to state ONE of the following ONLY:
• The requirement is (F)ully met by the software – mark column with an ‘F’;
• The requirement is (P)artially met by the software – mark column with a ‘P’;
• The requirement is (N)ot met by the software – mark column with an ‘N’.
• In cases where the requirement is (F)ully met by the software the bidder must not mark
columns 2, 3 and 4.
• In cases where the requirement is (P)artially met or (N)ot met by the software, the bidder must
mark one or a combination of columns 2, 3 and / or 4.
• Column 2 – (V)endor (C)usto(M)isation (VCM): The bidder is requested to tick this column if
the software needs to be customised by the successful bidder in order to satisfy the
requirement. In this case the bidder is also requested to provide a description of the
customisation required by using the unique requirement reference (See tables in Sections 4.14
& 5.11) and their intention or otherwise of including the enhancement in forthcoming upgrades.
The cost for vendor customisation required must be detailed and itemised in the cost schedule.
• Column 3 – (U)ser-End (C)usto(M)isation (UCM): The bidder is requested to tick this column if
the software can be customised by GPD’s system administration personnel by using the user-
end customisation facilities (See tables in Sections 4.14 & 5.11) provided by the software in
order to satisfy the requirement. In this case the bidder is also requested to provide a
description of the customisation required by using the unique requirement reference (See table
below).
• Column 4 - (W)ork-(A)round (WA): The bidder is requested to tick this column if they can
provide an acceptable work-around in order to satisfy the requirement. In this case the bidder is
also requested to provide a description of the work around required by using the unique
requirement reference (See tables in Sections 4.14 & 5.11).
GPD Land & Estate Management Information System ITT Page 106
A6.2 Functional Requirements
A6.2.1 Property Management
Ref. Weight Requirements Bidder Response
(F)ully Met VCM UCM WA
(P)artially Met
(N)ot Met
General Requirements
The system shall maintain standing data
pertaining to unlimited properties/property units
including but not limited to:
PM1. R • Property description/address
PM2. R • Property type (building or land)
PM3. R • Ownership status (e.g. owned by the
Government, held by Government under
temporary/perpetual emphyteusis, leased
to the Government, loaned to the
Government, held by Government as
trustee/steward, in process of
expropriation by outright purchase etc.)
PM4. R • Root of title / provenance – e.g. ex-British
Services property, ex-Knights, deed of
donation, operation of law, etc.
PM5. R • Automatic occupancy status
(vacant/occupied)
PM6. R • Cost of acquisition
PM7. R • Property value (market / replacement /
current use value etc.) plus relative date of
valuation
PM8. R • Commercial rental value plus effective
date
PM9. R • Subsidised/payable rent plus effective
date
PM10. R • Area (gross, net, open space, used space)
PM11. R • Age of property (e.g. pre-war, post war
etc.)
PM12. R • Condition of property (as may be linked to
periodical condition reports)
GPD Land & Estate Management Information System ITT Page 107
PM13. R • Number of floors
PM14. R • Development zoning
PM15. R • Scheduling level under the Development
Planning Act (also to identify heritage
property)
PM16. R • Property category (e.g. operational
purposes, non-operational etc.)
PM17. R • Property classification (e.g. rural, waste
land, foreshore, non-residential,
commercial)
PM18. R • Property use by classification (e.g. non-
residential - garage, store, boathouse)
PM19. R • Survey sheet and map references
PM20. R • Property administration status (what entity
is administering the property – GPD,
MDC, Malta Sports Council etc.)
PM21. R • Plan/Document references (including
access to same)
PM22. R • GPD registration number (tenement
number)
PM23. R • GPD file number
PM24. R • Church Entity reference
PM25. R • Land Registration reference
PM26. R • Known health and safety issues
PM27. R • Conformance with property access
requirements of the People with
Disabilities Act (particularly with regard to
operational property used for service
delivery)
PM28. R • Notes/remarks
PM29. R In setting up the property portfolio, the system
must support a multi-layered hierarchical
structure (i.e. one property – multiple property
units).
The system shall provide the capability to:
PM30. R • transfer properties between different
hierarchical levels (e.g. property unit
promoted to property level and vice versa).
GPD Land & Estate Management Information System ITT Page 108
PM31. R • assign / transfer property units across
properties (e.g. transfer property unit A
from parent property X to parent property
Y).
PM32. R The system shall provide the capability to
perform all property management functions to
all property hierarchical levels (e.g. lease a
property, lease a property unit etc.).
PM33. R The system shall maintain details of property
inspections and status/condition reports.
PM34. R The system shall maintain details of
encumbrances (e.g. servitudes etc.) that affect
the property, with review dates if required.
PM35. R The system shall keep track of changes to the
property extent details.
PM36. R The system shall keep track of property
amalgamation and/or dismemberment.
PM37. R The system shall provide the facility to analyse
past performance in terms of growth in market
value, rental income etc.
PM38. R The system must enable the identification of
excess property or property held for disposal.
PM39. R The system must be able to capture the type of
disposal action (e.g. exchange, sale, donation)
as well as the status of the disposal (e.g. once
a disposal transaction is entered the relative
disposal status is automativally altered).
PM40. N The system must be able to calculate gain or
loss at time of disposal (sale, exchange or
donation) based on the original acquisition
value or estimated value plus any adjustments.
PM41. N The system must be able to capture space
utilisation information.
PM42. N The system is PISCES compliant.
PM43. R The system must support the production of
standard and ad hoc letters.
PM44. N The system must support the allocation of
property responsibility to a specific property
manager – by property unit, property type,
locality.
PM45. N The system must enable the transfer of
responsibility for property from one authorised
manager to another.
GPD Land & Estate Management Information System ITT Page 109
Reports
The system shall facilitate the generation of the
following reports, which should be available in
detailed and summarised versions.
PM46. R • property details by property number,
location, type, acquisition mode, ownership
type, disposal mode, value, rent, etc. (see
PM1 – PM28)
PM47. R • property amalgamation / dismemberment
details.
PM48. R • property inspection / status/condition
details details.
Data Migration
PM49. R Details of properties which are currently stored
in the LMS, JOdB and CPS must be migrated
to the system.
Integration / Interfacing
PM50. R The Property Management must be fully
integrated with all other areas within LEMIS.
GPD Land & Estate Management Information System ITT Page 110
A6.2.2 Acquisition and Disposal
Ref. Weight Requirements Bidder Response
(F)ully Met VCM UCM WA
(P)artially Met
(N)ot Met
General Requirements
AD1. R The system shall maintain standing data
pertaining to vendor / purchaser, acquisition /
disposal, charges associated with a transaction.
Acquisition
AD2. R The system must provide the ability to track
single or multiple owners of property being
acquired including Identity Card number,
mailing address, as well as home, work and
emergency telephone numbers, ownership
share, notes etc.
The system must provide the facility to
administer the acquisition process through each
stage from initiation to completion of the
transaction – in particular, the system must
provide the facility to track and monitor:
AD3. R • Method of acquisition:
Amicable – purchase of private property;
purchase of dilapidated private property
that is granted on lease; leasing of private
property; administrative transfer; donation
etc.
Compulsory – at the expense of the third
parties; at the expense of Government
department; possession and use; public
tenure; creation of right to survey; freezing
of property; BDA; etc.
Operation of law – property that is legally
without ownership, public domain, Enemy
Property Act, etc.
AD4. R • Proof of attempt for amicable agreement (in
case of acquisition at the expense of the
third parties)
AD5. R • List of apparent owners
AD6. R • Valuation of property
GPD Land & Estate Management Information System ITT Page 111
AD7. R • Publishing of President’s Declaration /
President’s Proclamation / Minister’s
Declaration
AD8. R • Compensation for Loss of Crops
AD9. R • Client fund transfer (to track the provision
of acquisition funds when a property is
compulsorily acquired for other
departments / third parties)
AD10. R • Deposit and tracking of funds at local Bank
AD11. R • Apportionment of funds
AD12. R • Release of funds from local Bank
AD13. R • Cedola (where GPD deposits acquisition
compensation at the Court of Justice)
AD14. R • Notice to treat
AD15. R • LAB decisions
AD16. R • Acquisition contract
AD17. R • Payment of acquisition method (e.g. cash,
exchange)
AD18. R • Administration fees
AD19. R • Acquisition rent / recognition rent accounts
AD20. R • Transfer to third parties (e.g. heirs) of the
right to receive acquisition rent / recognition
rent
AD21. R • Conversion from possession and use to
public tenure
AD22. R • Release to owners of property that is still in
process of acquisition
AD23. R • Purchase of property held under public
tenure
AD24. R • Compensation for land acquired under the
BDA Act
Disposal
AD25. R The system shall maintain standing data
pertaining to tenant including mailing and billing
address, home, work and emergency telephone
numbers for tenants and occupants.
GPD Land & Estate Management Information System ITT Page 112
AD26. R The system shall maintain standing data
pertaining to lease including lease terms, move-
in dates, rent start dates, lease expiration
dates, renewal dates, yearly commercial rent,
payable rent, payment mode (in advance/in
arrears), payment frequency (tri-annual, bi-
annual, yearly, half yearly, quarterly, monthly,
days), revenue code, any service charge
details, reviews, stepped rents – including
relative effective dates.
AD27. R The system shall be capable of ensuring that
the total rent recoverable from a number of
leases tallies with the head lease rent (e.g.
where a number of tenants share an in solidum
lease but pay their rent individually).
AD28. R The system shall enable tracking of date
triggered lease actions – e.g. rent review
notice.
The system shall provide the capability to hold:
AD29. R • multiple tenants per lease, including
individual rent accounts and rent invoices
(in solidum leases);
AD30. R • multiple properties per lease.
AD31. R The system must provide the facility to
administer the disposal process through each
stage from initiation to completion of the
transaction, in particular the system must
provide the facility to track and monitor:
AD32. R • Publishing of tender and subsequent
processing of the respones
AD33. R • Lease agreement
AD34. R • Emphyteusis contract
AD35. R • Administrative transfer
AD36. R • Encroachments
AD37. R • Sales
AD38. R • One time permits
AD39. R • Servitudes
AD40. R • Legal / administrative fees
AD41. R • Lease / emphyteusis revision
AD42. R • Lease / emphyteusis extension
AD43. R • Lease / emphyteusis renewal
GPD Land & Estate Management Information System ITT Page 113
AD44. R • Lease / emphyteusis break options
AD45. R • Conversion of temporary emphyteusis to
perpetual
AD46. R • Emphyteusis redemption
AD47. R • Rent review
AD48. R • Change in use of leased commercial
property
AD49. R • Stop rent
AD50. R • Recognition of new tenant
AD51. R • Renounciation by existing tenant
AD52. R • Lease / emphyteusis termination
AD53. R • Specific lease conditions relating to
maintenance and renewal of bank
guarantees and insurance as applicable
AD54. R The system must provide the facility to
administer the disposal process of property
acquired through compulsory acquisition, in
particular the system must provide the facility to
track and monitor:
AD55. R • Recording, tracking and reporting of
President’s Declarations for the
expropriation of property under the Land
Acquisition Ordinance
AD56. R • The process of land acquisition under the
Land Acquisition Ordinance
AD57. R • Sale back to owners of paid expropriated
property
AD58. R • Release of property held on possession
and use
AD59. R • Release of property held on public tenure
AD60. R • Release of property in terms of the
Reversion of Certain Lands Act
AD61. R The system must provide the ability to track
back releases of acquired property to the
original acquisition including questions of
compensation paid that may need to be
claimed back.
Reports
GPD Land & Estate Management Information System ITT Page 114
The system shall facilitate the generation of the
following reports, which should be available in
detailed and summarised versions.
AD62. R • List of pending acquisition cases by single
or group of localities, by owner/s, by
compensation due, age of the acquisition,
development zoning - the output showing
all relevant detail including property
description, owners, President’s
Declaration,all compensation amounts due,
interest payable, period payable etc.
AD63. R • Amicable purchases of private property
listing – file number, date of request by
department, on whose behalf (name of
department/government entity) property is
being purchased, Finance authority & date,
date of contract.
AD64. R • Statutory purchases of dilapidated private
property that is granted on lease listing –
file number, date of request by owners to
sell, description of property to be
purchased, date of contract (when
published), price, tenement number (when
property is registered as a tenement
following purchase).
AD65. R • Properties in process of acquisition
analysed by type (at the expense of third
parties, government department), location,
value, damages due, acquisition process
start date, date of taking over, etc.
AD66. R • Properties compulsorily acquired analysed
by type (at the expense of third parties,
government department), location, price,
damages.
AD67. R • Acquisitions at the expense of third parties
listing – file number, description of property,
contract of obligation (date of publication
and amount received), President’s
Declaration (notice number and date of
gazette), contract of purchase (date of
publication, price paid and damages paid).
GPD Land & Estate Management Information System ITT Page 115
AD68. R • Acquisitions at the expense of government
departments listing – file number,
description of property, President’s
Declaration (notice number and date of
gazette), estimate and date of last
estimate, funds forwarded by department,
Notice to Treat (date and price offered),
whether owner has proceeded to L.A.B.
(date of application), contract of purchase
(date of publication, price paid and
damages paid).
AD69. R • Acquisitions at the expense of government
departments (processed according to the
2002 amendments to LAO) listing – file
number, description of property, estimate,
funds forwarded by department, President’s
Declaration (notice number, date of gazette
and price), date of price deposited in bank,
period of interest (from/to) and amount of
interest deposited, whether owner has
proceeded to L.A.B. (date of application,
date of L.A.B. decision and amount fixed,
difference in price and additional interest
paid).
AD70. R • Acquisitions at the expense of government
departments (initiated prior to 2003 and
converted according to the 2002
amendments to LAO) listing – file number,
description of property, former President’s
Declaration showing notice number and
date of gazette, funds forwarded by
department (amount forwarded), Notice to
Treat (date, price offered), whether owner
has proceeded to L.A.B. (date of
application, date of L.A.B. decision and
amount fixed) New President’s Declaration
(notice number, date of gazette and price),
date of price deposited in bank, period of
damages (from/to) and amount of damages
deposited, period of interest (from/to) and
amount of interest deposited.
AD71. R • L.A.B. cases listing – file number,
description of property, date of application,
price fixed by department, date of L.A.B.
decision (when decided) price fixed by
L.A.B. (when decision is taken) indicator
(Yes) on either contract or deposit in bank
(when matter is concluded)
GPD Land & Estate Management Information System ITT Page 116
AD72. R • Loss of Crops listing – file number,
description of plot, assessment, date of
payment and name of person/s to whom
payment has been made.
AD73. R • Subsoil rights / easements listing – file
number, service to be laid, locality, date of
President’s Declaration (if published), loss
of crops compensation.
AD74. R • Right to survey listing – file number,
description of property and date of
President’s Declaration (if published).
AD75. R • Frozen properties listing – file number,
description of property and date of
President’s Declaration (if published).
AD76. R • Releases to owners of property that is still
in process of acquisition listing – file
number, date of request to release,
description of property to be released and
date of President’s Declaration.
AD77. R • Sales back to owners of paid expropriated
property listing – file number, date of
request, description of property, date of
contract, price and interest.
AD78. R • Releases of property held on possession
and use listing – file number, date of
request to release, description of property
to be released and date of President’s
Declaration.
AD79. R • Releases of property held on public tenure
listing – file number, date of request,
description of property, date of contract and
price.
AD80. R • Conversions from possession and use to
public tenure listing – file number, date of
request by client, new rent to be paid and
date of contract.
AD81. R • Purchases of property held under public
tenure listing – file number, description of
property, price (capitalization), President’s
Declaration (notice number and date of
gazette), date of deposit in bank and date
of letter authorizing owner/s to collect.
GPD Land & Estate Management Information System ITT Page 117
AD82. R • Requests for compensation (BDA) listing –
file number, description of property, date of
application, L.A.B. decision (date, price)
and date of contract
AD83. R • Releases of property in terms of the
Reversion of Certain Lands Act listing – file
number, description of property, Legal
Notice number and date of gazette.
AD84. R • Direct recognitions of heirs in a residential
lease and commercial lease / emphyteusis
listing – file number, tenement number,
description of tenement, date of request by
client, date of letter of recognition, the
name of the new tenant/s and indicator
showing whether property is held on lease
or emphyteusis.
AD85. R • Direct recognitions as emphyteuta following
purchase of emphyteutical rights (whole-
transfer of property) listing – file number,
tenement number, description of tenement,
date of request by client, date of letter of
recognition, the name of the new
emphyteuta/e.
AD86. R • Direct recognition as emphyteuta following
legal purchase of part of the emphyteutical
grant (part-transfer of property) listing – file
number, tenement number, description of
tenement, date of request by client, date of
letter of recognition, the name of the new
emphyteuta/e, new tenement number and
P.D. number.
AD87. R • Forceful terminations of agricultural lease
listing – file number, tenement number,
description of tenement, date of request,
purpose, P.D. number, legal notice number
and date of gazette, date of Judicial letter
to cultivator, Loss of crops assessment
date, date of payment or date of contract.
AD88. R • Direct transfers of agricultural lease in
terms of law listing – file number, tenement
number, description of tenement, date of
request by client, date of letter of
recognition, the name of the previous / new
cultivator/s, area of part of tenement for
which transfer has been made unless the
whole tenement is involved.
GPD Land & Estate Management Information System ITT Page 118
AD89. R • Tenders for the lease/sale of property – list
of all adverts issued in sequence by week
indicating the advert number, description of
property, date of issue of tender and
closing date of tender.
AD90. R • Tenders for the lease/sale of property – list
of awarded tenders ordered by date
indicating – file number, date of award,
date of lease agreement or contract and
type of disposal (lease, emphyteusis or
sale), price (annual rent, ground rent or
sale price)
AD91. R • List of property sales/leases by period,
locality, value, beneficiary (includes those
not carried under the tender process),
property type, lease type
AD92. R • Permits – list of permits granted in date
order, indicating – file number, permit
number, period, purpose and fee.
AD93. R • Lease recognitions/transfers by period,
lease type, property type, locality.
AD94. R • List of transfers of ex-Church property
indicating relative Church references,
valuation as agreed with the Church,
excess amounts due to the Church.
AD95. R • Vacant property
AD96. R • Occupancy report
AD97. R • Current rent report
AD98. R • Current leases
AD99. R • Lease/emphyteutical grant expiry
AD100. R • Rent increase
AD101. R • Rent review
AD102. R • Estimated property income
AD103. R • Rental income flow
AD104. R • Loss of income due to unoccupied property
Data Migration
AD105. R Details of tenants and leases which are
currently stored in the LMS and JOdB must be
migrated to the system.
GPD Land & Estate Management Information System ITT Page 119
AD106. R Details of owners of property over which GPD
has obligations –acquisition/recognition rent –
and that are currently stored in the Cheque
Printing System must be migrated to LEMIS.
Integration / Interfacing
AD107. R The Acquisition and Disposal must be fully
integrated with all other areas within LEMIS.
GPD Land & Estate Management Information System ITT Page 120
A6.2.3 Accounts Receivable
Ref. Weight Requirements Bidder Response
(F)ully Met VCM UCM WA
(P)artially Met
(N)ot Met
General Requirements
AR1. R The system shall maintain a complete billing
and cash receipts system for both current and
history leases and other transactions.
AR2. R The system shall maintain standing data
pertaining to Debtors, Ledger, Invoice, Interest
Rates, Interest, Receipt, Cheque, Bank,
Payment Method, Deposit, Revenue Head.
AR3. R The system shall allow for manual adjustment.
AR4. R The system shall allow for user defined billing
frequencies and modes (e.g. monthly, quarterly,
half-yearly, yearly, bi-annually, in advance /
arrears, etc.).
AR5. R The system shall identify accounts of
associated clients and provide consolidated
views of these accounts when required by the
user.
AR6. R The system must have fully-integrated cash
and accrual accounting – both for reporting and
accounting as required.
AR7. R The system must support the production of
standard texts (on invoices), letters and
statements.
Transaction processing
AR8. R Provide the ability to maintain accounts for
rents/fees due on each occupied Government
property.
AR9. R Provide the ability to track expenses incurred
including legal and professional fees and to
optionally charge them to relevant debtor
accounts as appropriate.
AR10. R The system shall allow for the consolidation of
rents with other demand items – e.g. service
charge apportionment, legal fees).
AR11. R Provide the capability of periodically generating
the controlled individual/total/batched updating
GPD Land & Estate Management Information System ITT Page 121
of accounts to capture newly accruing
rents/other dues as determinable via the
tenancy details – to include the ability of pre-
update reports.
AR12. R Provide the capability of consolidated
billing/collection of multiple leases/rents.
AR13. R Provide the capability of generating numerated
invoices either as a general process for all
outstanding amounts or otherwise for specific
cases such as by type of property, lease,
tenant, locality, amount due and date due.
AR14. R Provide the ability to stop the issue of invoices
automatically or via ad hoc indicators such as
where a temporary emphyteusis has expired.
AR15. R Provide the ability to manually adjust rent
accounts and include related comments.
AR16. R Provide the ability to reverse transactions
individually or in batch (for e.g. via flagging).
AR17. R Provide the capability of user-tailoring of rent
demand and other notices.
AR18. R Provide the capability to withhold rent demands
where necessary (e.g. in cases of tenant
default prior to eviction), or issued ‘without
prejudice’.
AR19. R Provide the capability to automatically generate
and produce demand letters individually or in
batch.
AR20. R Provide the capability for interest charging on
late payment of rent or retrospective rent
reviews as applicable.
AR21. R Provide the ability of posting ad hoc charges to
tenant accounts.
AR22. R Provide the capability for service
charge/expense apportionment.
AR23. R Provide the capability to set multiple transaction
types that can be demanded to include
additional items such as insurance or service
charge.
AR24. R Provide the capability for periodic charging in
advance or arrears.
AR25. R The system must handle flexible rent periods
(e.g. days, weekly, monthly, quarterly, yearly,
bi-annually, tri-annually etc).
AR26. R The system must calculate the effects of rent
GPD Land & Estate Management Information System ITT Page 122
reviews and fixed increases even where these
fall within a demand period.
AR27. R The system must accommodate stepped
rentals and rent free periods.
AR28. R The system shall produce a report prior to,
demands being issued, which shows the
amounts due from each tenant. Warnings and
errors are flagged against individual demands
where appropriate. The report should also
identifies rent reviews and fixed increases
falling within the next demand period, providing
a further degree of advance notice.
AR29. R The system shall allow demands to be printed
on multi-part stationary or letterheads.
In addition the system shall support:
AR30. R • Processing (including tracking and
reporting) of ad hoc transactions entered
directly to cater for adjustments, write-offs,
etc.
AR31. R • Inter-account transfers.
AR32. R • Set-offs against creditor accounts.
AR33. R The system shall provide the means to post
refunds to debtors.
Credit control
In order to assist GPD in managing customer
indebtedness, the system shall support:
AR34. R • the ageing of debts over predefined aged
analysis periods according to invoice date
and/or due date at the option of the user,
AR35. R • the identification of invoices for which
payments are overdue,
AR36. R • the identification and flagging of accounts
with a credit control issue,
AR37. R • the identification of debtor accounts for
which dishonoured payments are pending,
AR38. N • the calculation and accrual of interest on
outstanding amounts as well as on overdue
amounts,
AR39. R • the flagging of doubtful debts,
AR40. R • blocking of invoices in dispute to disable
auto receipt matching against such
invoices,
GPD Land & Estate Management Information System ITT Page 123
AR41. R • flagging of accounts in dispute for which
service has been suspended,
AR42. R • reporting of post dated payments not yet
effective,
AR43. N • maintaining cash collection targets per
debtor account by cash collector, on a user
defined periodic basis with target effectivity
dates,
AR44. N • maintenance of payment plans.
AR45. R The system should flag debtor accounts for
which payments have been reversed due to
dishonoured cheques, etc. On receipt reversal,
the cash allocation to the invoice should also be
reversed.
AR46. R The system shall maintain a history of all
activities related to the cash collection of
outstanding invoices.
The user shall have the facility to evaluate a
customer's performance by:
AR47. N • Comparing credit terms with credit taken as
measured by the actual payment dates,
AR48. N • Expressing credit actually given in terms of
the average number of calendar and selling
days per customer or customer category,
per month and over a rolling 12 month
period with previous year's comparisons,
AR49. N • Maintaining a history of bounced cheques /
reversed payments.
Cash management
The system should provide the capability of
capturing and reporting on daily cash
transactions such as rent receipts. In
processing cash receipts, the system shall
provide support for:
AR50. R • identification of cash to be matched by the
cashier to debit (invoice) transactions,
AR51. R • the recording of the payment details (e.g.
cheque number, etc.) and any comments
AR52. R • prepayments
AR53. R • part payments
AR54. R • acceptance and tracking of temporary/’one-
time’income with no associate lease
GPD Land & Estate Management Information System ITT Page 124
AR55. R • unallocated receipts and subsequent
allocations
AR56. R • automatic or manual allocation of receipts
clearly indicating if the account is in dispute
AR57. R • stop cashier from accepting payments
where Stop Rent Indicator is true
AR58. N The system shall allow batch processing of
receipts.
AR59. R The system shall allow reversal of dishonoured
cheques and payments in a controlled manner.
AR60. R The system shall be able to upload payments
received instructions from electronic data files
prepared with such information.
AR61. R The system shall be able to track temporary /
“one-time” income with no associated lease.
Whenever receipts are processed, the system
shall:
AR62. R • bring up unallocated bills for allocation,
AR63. N • calculate any settlement discounts,
AR64. N • calculate any interest accrued,
AR65. R • print the relative receipt document,
AR66. R • enable the subsequent retrieval and
printing of an appropriately marked copy of
the receipt document
AR67. R • enable receipt matching to outstanding
debit transactions in the debtor account.
AR68. R The system shall process bank statement
details, and shall generate a bank reconciliation
statement highlighting any mismatched
transactions.
In facilitating bank statement reconciliation, the
system shall:
AR69. N • be able to upload the bank statement in
electronic form directly from an electronic
data file,
AR70. N • And/or, enable the user to match bank
statement lines with bank account
transactions,
AR71. N • or, enable the user to key in bank
statements.
AR72. R The system shall process bank statement
GPD Land & Estate Management Information System ITT Page 125
details, and shall generate a bank reconciliation
statement highlighting any mismatched
transactions.
Budgetary control and forecasting
AR73. R The system shall provide the facility to hold
budgets on an integrated basis against property
and leases.
AR74. R The system shall provide the facility to generate
forecasts.
AR75. R The system shall provide the ability to generate
variance reports – e.g. compare dues against
collections
Reports
The system shall facilitate the generation of the
following reports, which should be available in
detailed and summarised versions.
AR76. R • Pre-update reports showing what would
happen if a rent account update is
undertaken – report to show summary or
detailed information on property, tenant,
tenancy and dues
AR77. R • Rent update report showing the actual
account updates that have been made
following the generation of an update
process - report to show summary or
detailed information on property, tenant,
tenancy and dues
AR78. R • Pre-invoicing report showing what would
happen if an invoicing exercise is
undertaken - report to show summary or
detailed information on property, tenant,
tenancy and dues
AR79. R • Pre-Invoice report identifies rent reviews
and fixed increases falling within the
demand period
AR80. R • Invoicing report showing the details of
invoices issued following an invoicing
exercise - report to show summary or
detailed information on property, tenant,
tenancy and dues
AR81. R • Debtors list showing all relevant customer
details analysed by credit category codes
and/or currency for individual accounts and
debtor group consolidated accounts,
GPD Land & Estate Management Information System ITT Page 126
AR82. R • Detailed sales ledger account for any given
date range,
AR83. R • Aged debtors analysis report showing
amounts by due date or activity date, for all
debtors,
AR84. R • Report showing debtors due on a specific
date. Report to be able of being generated
by tenant type, lease type, locality, amount
due and both on a cash and accrual basis
approach.
AR85. R • Exception report highlighting debtors with
overdue invoices, bad debt status and other
related credit control features,
AR86. R • Statements showing outstanding invoices
as well as money owed in total for a client,
AR87. R • Credit control letters,
AR88. R • Debtor payment plan details,
AR89. R • Forward income projection report based
upon outstanding invoice values and
individual customer payment terms,
AR90. R • List of debtors with a negative balance and
/or unallocated cash balances,
AR91. R • List of debtors with dishonoured payments
reversed, showing frequency over time,
AR92. R • List of bank, cash and other monetary
accounts,
AR93. R • Standard transaction types list,
AR94. R • Cash receipts by date, cashier, revenue
type, locality etc.
AR95. R • list of payments by cash, cheque, credit
card etc.,
AR96. R • Remittance advice notes,
AR97. R • The Cashbook, showing individual account
movements and balances at any point in
time,
AR98. R • Individual account enquiry showing the
account balance with the analysed
transactions,
AR99. R • Cash collection control reports,
AR100. R • Period and/or year-to-date transaction
details by account code showing the
GPD Land & Estate Management Information System ITT Page 127
opening and closing balances,
AR101. R • Bank reconciliation reports,
AR102. R • List of dishonoured cheques by
customer/debtor,
AR103. R • Deposit list including cheques received and
future dated cheques previously received
that are now due,
AR104. R • Prepayments reports,
AR105. R • Ability to distinguish between active leases
and non-active ones when generating
reports.
Data Migration
AR106. R Details of Account Receivables which are
currently stored in the LMS must be migrated to
the system.
Integration / Interfacing
AR107. R The Accounts Receivable must be fully
integrated with all other areas within LEMIS.
The Accounts Receivable must interface to the
following:
AR108. R • Local Councils Rent Payment
AR109. R • eRent – Rent Payment over the Internet
GPD Land & Estate Management Information System ITT Page 128
A6.2.4 Accounts Payable
Ref. Weight Requirements Bidder Response
(F)ully Met VCM UCM WA
(P)artially Met
(N)ot Met
General Requirements
AP1. R The system shall maintain standing data
pertaining to Creditors, Ledger, Rents Payable,
Legal fees, Interests, Damages, Cheque, Bank,
Expenditure Head.
AP2. R The system shall clearly identify and analyse
outstanding credit and creditor performance for
various types of expenditure (rent, rates,
insurance, maintenance, service charge, etc.)
pertaining to each creditor.
AP3. R The system shall allow for manual adjustment.
AP4. R The system shall allow for user defined
payment frequencies and modes (e.g. monthly,
quarterly, half-yearly, yearly, bi-annually in
advance/arrears, etc.).
AP5. R The system shall identify accounts of
associated clients and provide consolidated
views of these accounts when required by the
user.
AP6. R The system must have fully-integrated cash
and accrual accounting – both for reporting and
accounting as required.
AP7. R The system must support the production of
standard texts, letters and statements.
Transaction processing
AP8. R Provide the ability to maintain accounts for
rents/fees due on properties leased by
Government or otherwise held under
possession and use / public tenure.
AP9. R Provide the ability to track expenses incurred
including legal and professional fees and to
optionally charge them to relevant
debtor/creditor accounts as appropriate.
GPD Land & Estate Management Information System ITT Page 129
AP10. R Provide the capability to generate and produce
recurring rent payable and automatically
updating of relevant ledgers – to include the
capability of pre-update reporting.
AP11. R Provide the capability to track payment of rent
by GPD including details of payment.
AP12. R Provide the capability to track commitments
(particularly regarding expropriated property
that has not yet been compensated for).
AP13. R Provide the capability of maintaining an
accounts payable ledger for each expropriation
process (whether active or inactive), including
the subdivision of accounts into various owner
creditors (parent-children relationship), the
debiting/crediting of accruing/paid amounts.
AP14. R Tracking of compensation payments, including
any part payments and interest accruing.
AP15. R Capability to track the depositing of
compensation due in a bank deposit and
relating the creditor’s account to the relative
bank account.
AP16. R Recalculation of interest on compensation and
balances due upon a fresh revaluation of the
compensation due.
AP17. R Ability to post adhoc charges payable by GPD
in the acquisition ledger account.
AP18. R Provide the capability to enter invoices and/or
credit notes pertaining to the compensation due
by GPD for loss of crops
AP19. R Provide the capability for calculating interests
due on compulsory acquisition as applicable.
AP20. R The system shall process all payments and
refunds made to or received from creditors.
AP21. R The system shall handle flexible rent payable
periods (monthly, quarterly, half-yearly, yearly
etc.)
In addition the system shall support:
AP22. R • Processing of ad hoc transactions entered
directly to cater for adjustments, etc.
AP23. R • Inter-account transfers.
AP24. R • Set-offs against debtors accounts.
GPD Land & Estate Management Information System ITT Page 130
AP25. R The module shall maintain and report a
payment history against an invoice such that all
payments and payment reversals against such
invoice are displayed.
Debit control
In order to assist GPD in managing its
indebtedness, the module shall support:
AP26. R • The highlighting of debit balance accounts
AP27. R • The ageing of debts over predefined aged
analysis periods according to activity or due
date
AP28. R • The identification of invoices for which
payments are overdue
AP29. R • The flagging of disputed invoices in order to
prevent any automatic payments. The
flagging process shall be controlled by the
system in order to ensure user
authorisation,
AP30. R The system shall maintain user defined codes
and narration as reasons for the analysis of
account blocking and / or disputed invoice
flagging.
AP31. R Flagging / unflagging of disputed invoices and
blocking / unblocking of creditor accounts shall
generate transactions so that such events are
recorded and analysed.
Cash management
In processing payments, the module shall
provide support for:
AP32. R • pre-payments, part payments as well as
payments on account
AP33. R • stop payments
AP34. R • subsequent allocation of unallocated
payments
AP35. R • payments effected from multiple bank
accounts
AP36. R • payment of multiple invoices through a
single payment transaction
AP37. R • remittance advice production and
information retention as a transaction
AP38. R • cheque printing
GPD Land & Estate Management Information System ITT Page 131
Budgetary control and forecasting
AP39. R The system shall provide the facility to hold
budgets on an integrated basis against property
and leases.
AP40. R The system shall provide the facility to generate
forecasts of amounts payable.
Reporting
The system shall facilitate the generation of the
following reports, which should be available in
detailed and summarised versions.
AP41. R • Pre-update reports showing what would
happen if a rent payable account update is
undertaken – report to show summary or
detailed information on property, tenant,
tenancy and dues
AP42. R • Rent payable update report showing the
actual account updates that have been
made following the generation of an update
process - report to show summary or
detailed information on property, tenant,
tenancy and dues
AP43. R • Pre-cheque printing (to settle rent payable)
report showing what would happen if a
cheque printing exercise is undertaken -
report to show summary or detailed
information on property, landlord, tenancy
and dues
AP44. R • Pre-cheque report identifies rent reviews
and fixed increases falling within the
accruing period
AP45. R • Cheque printing report showing the details
of cheques issued following a cheque
printing exercise - report to show summary
or detailed information on property,
landlord, tenancy and dues
AP46. R • Creditors list showing all relevant customer
details analysed by credit category codes
and/or currency for individual accounts and
creditor group consolidated accounts,
GPD Land & Estate Management Information System ITT Page 132
AP47. R • Report showing creditors due on a specific
date (e.g. rent, compensation for
acquisition, including interests and other
charges payable). Report to be able of
being generated by landlord, lease type,
locality, amount due and both on a cash
and accrual basis approach.
AP48. R List of rent payable by GPD, by locality, age of
dues, amount due, date due etc.
AP49. R List of payments made as compensation,
interest, damages, rents by locality, acquisition
case, payment method (cash, cheque, credit
card etc.) period paid, date paid and showing
name of beneficiary, date of payment, amounts
paid and other acquisition details.
AP50. R List of bank deposits by relative acquisition
details including indication whether deposit
withdrawal has been authorised and when.
AP51. R Prepayments reports.
AP52. R Ability to distinguish between active leases and
non-active ones when generating reports.
Data Migration
AP53. R Details of Account Payable which are currently
stored in the Cheque Printing System must be
migrated to the system.
Integration / Interfacing
AP54. R The Accounts Payable must be fully integrated
with all other areas within LEMIS.
GPD Land & Estate Management Information System ITT Page 133
A6.2.5 Event Diary
Ref. Weight Requirements Bidder Response
(F)ully Met VCM UCM WA
(P)artially Met
(N)ot Met
General Requirements
ED1. R The system should capture details of important
events and future actions – each rent review,
lease renewal and other important events
should be automatically entered into the diary
as soon as the database is changed.
ED2. R Any data field should be able to be used to
trigger a diary entry via a user-defined
transaction (e.g. a special lease condition that
needs to be checked by a stated time).
ED3. R Provide the facility for individual entries to be
made to the user’s own diary or other users’
diary.
ED4. R Provide the facility to use any data field to
trigger a diary entry via a user-defined
transaction that specifies whose diary (or
diaries) should be updated.
Reporting
GD1. R Provide the facility to monitor and report on
diary events (e.g. lease expiry, lease expiry
reminder, rent review, rent review reminder,
insurance renewal, inspections due etc.) from
multiple perspectives (e.g. a complete list of all
diary events relating to a property over a
period, a complete list of all rent revisions that
will become due within a user-defined future
period and against a user defined output list –
by property type, lease type, locality etc.).
Integration / Interfacing
ED5. R The Event Diary must be fully integrated with all
other areas within LEMIS.
GPD Land & Estate Management Information System ITT Page 134
A6.2.6 Image & Document Management
Ref. Weight Requirements Bidder Response
(F)ully Met VCM UCM WA
(P)artially Met
(N)ot Met
General Requirements
IDM1. R Provide the capability to scan, store and
retrieve scanned multiple document originals
(e.g. lease agreements, emphyteutical
contracts, President’s declarations, property
site-photos, plans and drawings etc.) without
any limitation to the size and type of document
and on the amount of them that can be
contained in the system.
IDM2. R Provides the capability to scan and store
images individually or in bulk.
IDM3. R Provide the capability to link, store and retrieve
multiple documents produced by Microsoft
Office (e.g. MS Word, MS Excel etc.).
IDM4. R Provide the capability to link, store and retrieve
multiple graphical images (e.g. digital
photographs, video-clips, CAD drawings etc.).
IDM5. R Provide the capability to link, store and retrieve
documents in other file formats (e.g. PDF files,
HTML files, Zipped files etc.).
IDM6. R Provide the capability to attach images /
documents to relevant information on the
system (e.g. property, lease, account, diary
event etc.)
IDM7. R Provide the capability to attach
images/documents to individual transactions
within the system (a cheque’s image attached
to a payment transaction).
IDM8. R Provide the capability to seamlessly scan and
directly link documents/images to any field
(without having to manouvre through different
menus etc.).
IDM9. R Provide the capability to notify the user of the
presence of an associated electronic file and
allow an on-screen display.
GPD Land & Estate Management Information System ITT Page 135
IDM10. R Provide the capability of interfacing with third
party software (e.g. e-mail for purposes of
sending copies of scanned images to clients).
IDM11. N Provide the capability to support Document
Management Alliance (DMA).
IDM12. N Provide the capability to support Open
Document Management Architecture (ODMA).
IDM13. N Provide the capability to support Open
Document Architecture/Open Document
Interface Format (ODA/ODIF).
Integration / Interfacing
IDM14. R The Image & Document Management must be
fully integrated with all other areas within
LEMIS.
GPD is retaining as a long term option the implementation of a full electronic
document management system that involves the scanning of existing paper
documents - in this context the proposed system must accommodate such
capability. (IBS Qstn 22)
GPD Land & Estate Management Information System ITT Page 136
A6.2.7 GIS Mapping Interface
Ref. Weight Requirements Bidder Response
(F)ully Met VCM UCM WA
(P)artially Met
(N)ot Met
General Requirements
GIS1. R The system shall provide the facility to link to
MapInfo Professional.
GIS2. R The system shall provide the facility to link to
MapInfo Runtime Viewer.
GIS3. N The system shall provide the facility to link to
AutoCAD.
GIS4. R The system shall provide bi-directional links
between the textual and spatial information.
GIS5. R The system shall allow for the possibility of
textual property records not being linked to a
corresponding map record and vice-versa.
GIS6. R The system shall provide the facility to interlink
multiple properties in the textual database to
single parcels on the GIS and vice-versa (e.g. 4
flats on four floors on the same footprint).
Integration / Interfacing
GIS7. R The GIS must be fully integrated with all other
areas within LEMIS.
GPD Land & Estate Management Information System ITT Page 137
A6.2.8 Additional GIS Mapping
Ref. Weight Requirements Bidder Response
(F)ully Met VCM UCM WA
(P)artially Met
(N)ot Met
General Requirements
AGM1. R The system shall provide the facility to digitise
and maintain spatial data types including
property extents (parcels/polygons).
AGM2. R The system shall provide the facility to maintain
multiple properties per parcel.
AGM3. R The system shall provide the facility to split /
amalgamate property parcels.
AGM4. R The system shall provide a bi-directional link
between textual and spatial information –
(including multiple properties in the textual
database to single parcels on the GIS and vice-
versa e.g. 4 flats on four floors on the same
footprint).
AGM5. R The system shall provide the capability of
maintaining spatial information without the
necessity of entering the textual information
(and vice-versa) – i.e. allows for the creation of
a property parcel on GIS without having to
create the relative property record in the textual
part of the database. (See Appendix 10
Section A10.3)
AGM6. R The system shall provide the facility to view
spatial information (e.g. centroid, area,
perimeter etc.) of parcels/points/lines.
AGM7. N The system shall provide the facility to digitise
parcels using a digitiser.
AGM8. R The system shall provide the facility to pan and
zoom.
AGM9. R The system shall provide the facility to refresh
the display.
AGM10. R The system shall provide the facility of
snapping to any item.
AGM11. R The system shall provide the facility to find a
location based on MEPA street / location data.
GPD Land & Estate Management Information System ITT Page 138
AGM12. R The system shall provide the facility to manage
different parcel layers – (MEPA Base map,
property in process of acquisition layer,
Government property holdings layer, property
on temporary disposal layer, permanently
disposed property layer etc.).
AGM13. R The system shall provide the capability to
maintain GIS parcels for property requests as
distinct from parcels forming a property unit.
AGM14. R The system shall provide the facility to manage
different geo-referenced raster map layers –
(ortho-photos, Government acquisitions,
Government tenements etc.).
AGM15. R The system shall provide the facility to view
additional geo-referenced raster map layers.
AGM16. R The system shall provide the facility to manage
background images – displaying parcel layers
in the foreground and geo-referenced raster
maps in the background.
AGM17. R The system shall maintain history of any
changes to the spatial data.
AGM18. R The system shall provide the facility to store the
spatial data in a relational database.
Reporting
AGM19. R The system shall provide a flexible reporting
facility based on spatial information.
AGM20. R The system shall provide the facility to list those
properties which have spatial information but
not the relative textual information.
AGM21. R The system shall provide spatial representation
of properties resulting from queries based on
both spatial and textual selection criteria.
AGM22. R The system shall provide the facility to include
raster maps in the report output.
AGM23. R The system shall provide the facility to produce
thematic maps.
Data Migration
AGM24. R Details of Government-owned land parcels
which are currently stored in the PDRS must be
migrated to the system.
AGM25. R Details of Agricultural Lease parcels which are
currently stored in the ALPS must be migrated
to the system.
GPD Land & Estate Management Information System ITT Page 139
AGM26. R Details of Acquisition, Tenement, and
Wasteland parcels which will result from the
map scanning exercise (See Appendix 10
Section A10.4.5) must be migrated to the
system.
Integration / Interfacing
AGM27. R The system shall provide the facility to view (via
access to the GIS layer being updated by PDS)
whether PDs were generated.
AGM28. R The GIS must be fully integrated with all other
areas within LEMIS.
GPD Land & Estate Management Information System ITT Page 140
A6.2.9 Valuations
Ref. Weight Requirements Bidder Response
(F)ully Met VCM UCM WA
(P)artially Met
(N)ot Met
General Requirements
V1. R Provide the capability to create, modify and
store property valuations using various
valuation methods (Discounted Cash Flow,
equivalent yield etc.).
V2. R Allow user to add other valuation methods.
V3. R Provide the capability to maintain valuation
history, valuer details, and valuation criteria.
V4. R Allow user to refine the valuation by altering
valuation criteria.
V5. R Provide the capability to compare valuations
using ‘what-if’ type valuations.
V6. R Allow user to generate adhoc valuations based
on user defined criteria (e.g. property zone).
V7. R Ability to limit access to valuation records to
authorised users only.
V8. N Provide the capability to store and retrieve
market valuations.
Reporting
V9. R Provide the capability to report on property
valuations.
Integration / Interfacing
V10. R The Valuations must be fully integrated with all
other areas within LEMIS.
GPD Land & Estate Management Information System ITT Page 141
A6.2.10 Property Maintenance
The GPD does not presently carry out maintenance on property. Property is the responsibility of two
other Government Departments – the Construction & Maintenance Department for non-
residential/commercial property and the Housing Construction & Maintanace Department for residential
premises. The GPD however authorises the carrying out of repairs where these are considered to be
Government’s responsibility.
Ref. Weight Requirements Bidder Response
(F)ully Met VCM UCM WA
(P)artially Met
(N)ot Met
General Requirements
MN1. R Provide the capability to log maintenance calls
from tenants and inspectors.
MN2. R Provide the capability to automatically generate
letters authorising the relative department to
carry out the repairs.
MN3. R Provide the capability to record repairs carried
out.
MN4. R Provide the capability to track the completion of
repair/maintenance jobs.
MN5. R Provide the capability of recording property
expenses.
Reporting
MN6. R Provide the capability to report on
maintenance/repairs requests and maintenance
jobs and contracts.
Integration / Interfacing
MN7. R The Property Maintenance must be fully
integrated with all other areas within LEMIS.
GPD Land & Estate Management Information System ITT Page 142
A6.2.11 Workflow
Ref. Weight Requirements Bidder Response
(F)ully Met VCM UCM WA
(P)artially Met
(N)ot Met
General Requirements
W1. R Provide an integrated workflow management
capability, including generation and routing of
internal forms, reports, and other financial
documents for on-line approval or subsequent
processing based on user-defined and
modifiable business rules via a graphical
definition facility.
W2. R Provide a graphical facility to enable authorised
users to define workflow processes and
business rules, including approval levels and to
modify workflow.
W3. R Provide the capability to establish multiple
levels of document approvals based on user-
defined criteria.
W4. R Provide an internal calendar or user-defined
routing tables to generate rule-based or
exception reports to support the generation of
work flow messages.
W5. R Provide the ability to track the approval event,
including the time/date and approving party.
W6. R Provide the capability to automatically generate
electronic routing and status messages to
individuals or groups.
W7. R Provide an interface to the GPD’s electronic
mail system to distribute application generated
documents and messages electronically (i.e. to
intranet/Internet connected users).
W8. R Provide on-line query capability and
customizable queries to track the status of
transactions through the workflow process.
W9. N Provide the capability to support Workflow
Management Coalition (WFMC).
W10. N Provide capability to support Messaging API-
Workflow (MAPI-WF).
GPD Land & Estate Management Information System ITT Page 143
W11. N Provide capability to support Vendor
Independent Messaging (VIM).
Reporting
W12. R Provide the capability to report on users
workload, transactions and their status.
Integration / Interfacing
W13. R The Workflow must be fully integrated with all
other areas within LEMIS.
GPD Land & Estate Management Information System ITT Page 144
A6.3 Technical and Non Functional Requirements
A6.3.1 General Design / Architecture
Ref. Weight Requirements Bidder Response
(F)ully Met VCM UCM WA
(P)artially Met
(N)ot Met
GD1. R Be modular in design and upgradeable (at
user’s choice) to accommodate regular
changes in laws, regulations, best practices
and new technology.
GD2. R Design accommodates all kinds of property
(e.g. offices, retail, commercial, residential,
agricultural, industrial, mixed developments)
and from any perspective (e.g. owner, landlord,
tenant).
GD3. R Incorporate a standard relational database
product into the application design. Data
maintained in this database must be accessible
through an SQL-compliant API.
The application design must include internal
transaction processing controls, including the
capability in the event of a system failure to
automatically:
GD4. R • back out incompletely processed
transactions,
GD5. R • restore the system to its last consistent
state before the crash (e.g., database
checkpoint), and
GD6. R • re-apply all incomplete transactions
previously posted by the user community.
GD7. R Ensure internal database consistency during
update operations, including distributed
databases, if applicable.
GD8. R Control access and updates to the same record
by concurrent users.
GD9. R Support cascading record updates and
deletions in a controlled environment.
GD10. R Have fully documented restart capabilities for
GPD Land & Estate Management Information System ITT Page 145
the application on-line and batch processing
components. Batch jobs must be segmented to
facilitate their recovery in the event of a system
failure.
Software documentation will be current and
complete to allow GPD-wide end-users,
administrators and operators to readily identify,
understand and effectively maintain all aspects
of the system. This includes vendor-provided,
services for complete installation, operating and
system maintenance documentation covering:
GD11. R • Extensive on-line, context sensitive HELP
facility which provides valid data values,
error codes, data element definitions, and
the addition of examples, policy and
general guidance.
GD12. N • Interactive support during data entry
GD13. R • User guide documentation (hardcopy)
GD14. R • Computer-based tutorials
GD15. R • Product installation and configuration steps
GD16. R • Application access procedures
GD17. R • User screen layout and content
GD18. R • Transaction entry procedures
GD19. R • Recovery/re-start procedures
GD20. R • Batch job set-up, processing and
recovery/re-start procedures
GD21. R • Error codes with full descriptions and
recovery steps
GD22. R • Standard report layout and content
GD23. R • Internal processing controls
GD24. R • Application security
GD25. R • Operating specifications and system
flowcharts
GD26. R • Database entity relationships
GD27. N • Comprehensive, on-line data dictionary,
which an end user may query without
exiting the current application screen, and
which as a minimum contains a glossary of
data elements, their definitions and
relationships to screens, data fields, system
prompts and edits
GPD Land & Estate Management Information System ITT Page 146
GD28. R • Table formats and data element
descriptions, and
GD29. R • Program module descriptions.
GD30. R Include revised documentation provided by the
vendor concurrent with the distribution of new
software releases.
GD31. R Employ common error-handling routines across
functional modules and present error messages
that allow the user or system operator to
respond to reported problems (e.g. required
data elements have not been entered, data
element content requirements have not been
met i.e. validity checks, user doesn’t have
proper security authorisation to proceed,
improper or unrecognisable key has been
pressed, etc.). Common error message text
must be customisable by GPD.
GD32. R The systems shall support Maltese VAT rules.
GD33. R The system shall support the production of
accounts under International Accounting
Standards (IAS).
GD34. R The system shall support both accruals and
cash based accounting requirements.
GD35. R The accounts held shall accept transactions in
multiple currencies, including the Euro.
GD36. R The base currency held within the system shall
be in Maltese Lira which is denominated to
three decimal places.
GD37. R The system must be capable of supporting a
dual base currency for Maltese Lira and the
Euro.
GD38. R The system must be capable of converting from
Maltese Lira base currency to the Euro base
currency should it be required.
GD39. R The solution should possess a clear and viable
growth path for application software and
underlying databases which will allow the
system to meet changes in business volumes.
GD40. R The system shall support multiple concurrent
users throughout all modules requested.
The system shall provide the following analysis
capability, but not be limited to:
GD41. R • Simple aggregation (count, sum,
percentages, etc.);
GPD Land & Estate Management Information System ITT Page 147
GD42. R • Financial analysis (NPV, IRR, etc.);
GD43. N • Statistical analysis (Standard deviation,
averages, etc.);
GD44. N • Conditional logic (If / then, and / or, etc.).
GPD Land & Estate Management Information System ITT Page 148
A6.3.2 Interoperability
Ref Weight Requirements Bidder Response
(F)ully Met VCM UCM WA
(P)artially Met
(N)ot Met
INT1. R Include an application program interface (API)
to accept transaction activity generated by
external applications.
INT2. R Process API submitted transactions using the
same program logic, table entries and business
rules as are used by the application in editing
transactions submitted on-line (e.g., via user
interface). The system must maintain the
erroneous transactions until either corrected
and posted or deleted.
INT3. R Provide internal controls with the API (e.g.,
control totals, record counts) to ensure the
integrity of received and processed
transactions.
INT4. R Systems are to be able to upload data directly
or indirectly from other databases / system files
for use by any of the modules within the
proposed application.
INT5. R For the API, include the ability to automatically
re-process suspended transactions.
Existing systems include the following:
• Local Councils Rent Payment System
(ASP, SQL Server 7, NT4)
• Internet Payment of Rent System (ASP,
SQL Server 7, NT4)
The system should provide an integrated
solution whereby:
INT6. R • Integration is achieved across all business
areas and between different parts of the
same business area;
INT7. R • Static details that are common to various
modules and will be maintained through
one central module / database and used by
all other modules requiring such data;
GPD Land & Estate Management Information System ITT Page 149
INT8. R • Data transferred between modules is
validated and blocked and highlighted for
user clearance if insufficient or invalid data
is generated.
The system shall be able to connect to and to
upload and download data through the
following formats / systems, but not be limited
to:
INT9. R • ODBC compliant databases;
INT10. R • ANSI SQL compliant databases;
INT11. R • Delimited ASCII;
INT12. R • Fixed length field and record ASCII;
INT13. R • Informix;
INT14. R • Microsoft SQL Server;
INT15. R • Microsoft Access;
INT16. R • Dataflex;
INT17. R • Visual FoxPro DBF;
INT18. R • MapInfo;
INT19. R • AutoCAD.
INT20. R The system should be able to easily import and
export information from/to PC-based word-
processing, spreadsheet and database
software applications.
The system shall be able to upload and
download data to/from the database on:
INT21. R • user request;
INT22. R • timed triggers;
INT23. R • event triggers.
GPD Land & Estate Management Information System ITT Page 150
A6.3.3 Security
Ref. Weight Requirements Bidder Response
(F)ully Met VCM UCM WA
(P)artially Met
(N)ot Met
SEC1. R Have integrated security features that are
configurable by the system administrator to
control access to the application, functional
modules, transactions, and data.
SEC2. R Ensure that the GPD’s access policies are
consistently enforced against all attempts made
by users or other integrated system resources
including software used to submit ad-hoc data
query requests or to generate standard reports.
SEC3. R Require the use of unique user identifications
and passwords for authentication purposes.
Passwords must be non-printing and non-
displaying. The application must allow the
enforcement of password standards, (e.g.,
minimum length and use of alpha, numeric and
special characters.) The application must also
allow for the establishment of a specified period
for password expiration and accommodate
prohibiting the user from reusing at least the
most recent 3 passwords.
SEC4. R Enable the user to change his/her own
password.
SEC5. R Enable the system administrator to define
functional access rights (e.g., to modules,
documents, transactions, approval authorities)
and data access rights (e.g., record / field
create, read, update and delete) by assigned
user ID, functional role (e.g., revenue officer)
and owner organisation.
SEC6. R Provide the ability to encrypt sensitive data
elements such as property value in conjunction
with tenders.
SEC7. R Allow the system administrator to restrict
access to sensitive data elements such as
property value by named user, groups of users
or functional role.
Maintain an audit logging capability to record
access activity including:
GPD Land & Estate Management Information System ITT Page 151
SEC8. R • all log-in/log-out attempts by user and
workstation,
SEC9. R • user submitted transactions,
SEC10. R • initiated processes (e.g., rent demand
process),
SEC11. R • system override events (e.g., a removal of
a system inserted stop rent in an expired
lease), and
SEC12. R • direct additions, changes or deletions to
application maintained data.
SEC13. R Allow the system administrator to restrict
access to the audit log.
SEC14. R Provide the ability to query the audit log by type
of access, event date time stamp range, user
identification, or terminal id.
SEC15. R Be compliant with local information practices
and legislation (http://www.cimu.gov.mt).
SEC16. R Support encryption and authentication services,
such as Secure Socket Layers (SSL) and
Secure Electronic Transaction (SET) for secure
transmission of sensitive data.
GPD Land & Estate Management Information System ITT Page 152
A6.3.4 Operations and Computing Performance
Ref. Weight Requirements Bidder Response
(F)ully Met VCM UCM WA
(P)artially Met
(N)ot Met
Include vendor provided computing
performance metrics, for platforms and systems
environments that the application is certified to
run. Performance metrics provided by the
vendor must describe:
OCP1. R • transaction processing throughput capacity,
OCP2. R • expected workstation client response time
by transaction type,
OCP3. R • data storage capacity, and limitations in
concurrent user connectivity.
OCP4. R Be capable of storing, updating and retrieving
data with minimal or no degradation to on-line
or batch processing performance.
OCP5. R Support concurrent access by GPD’s user
community with no negative impact on standard
response time.
OCP6. R Be designed to include a flexible scheduling
capability to enable the operator to initiate,
monitor and stop scheduled processing (e.g.,
on-line availability, batch jobs and system
maintenance).
OCP7. R Provide online status messages indicating
when requested processing starts, completes
and system errors.
OCP8. R Include automated system assurance routines
(e.g., data integrity verification reports) that can
be regularly run and used to detect systemic
posting problems.
OCP9. R Allow reports to be produced in the background
while other system processing takes place.
OCP10. R Provide the capability to process batched
transactions from interfacing systems with no
on-line performance degradation. (e.g. transfer
of payments made in the Local Council Rent
Payment System to GPD’s LEMIS.
GPD Land & Estate Management Information System ITT Page 153
OCP11. R Provide the system administrator the ability to
determine whether records are to be archived
or purged. The system must include the
capability to establish and maintain user-
defined archival criteria, such as date, period,
closed items. The system must allow selective
action on those records that meet the criteria.
OCP12. R Provide the ability to selectively retrieve
archived records.
OCP13. R Maintain and report on productivity statistics
about application usage.
GPD Land & Estate Management Information System ITT Page 154
A6.3.5 Year 2000 Compliance
Ref. Weight Requirements Bidder Response
(F)ully Met VCM UCM WA
(P)artially Met
(N)ot Met
Y2K1. R Be warranted for fault-free performance in the
processing of date and date-related data
(including, but not limited to calculating,
comparing and sequencing) by all hardware
and software products delivered under this
contract, individually and in combination, upon
installation.
Y2K2. R Include fault-free performance during the
manipulation of any data with dates prior to,
through, and beyond January 1, 2000 and shall
be transparent to the user.
Y2K3. R Provide correct results when moving forward
and backward in time across the year 2000.
GPD Land & Estate Management Information System ITT Page 155
A6.3.6 Infrastructure
Ref. Weight Requirements Bidder Response
(F)ully Met VCM UCM WA
(P)artially Met
(N)ot Met
INF1. R Supports the preferred standard platform
defined in Appendix 1.
INF2. R Be database independent. Specify databases
which are supported by the proposed system
_____________________________________.
INF3. R Operate in an environment running under
Windows 2000, Windows NT, NCR Unix SVR4
ver.3.02.01 or Red Hat Linux Advanced Server
2.1. Other platforms will however not be
considered.
INF4. R Currently, the desktop standard is Windows 95
and 98. The system must therefore operate on
Windows 95 and 98 desktop environment.
INF5. R In the near future, the desktop standard might
be upgraded to a Windows 2000 or higher
version. The system must therefore be able to
operate on Windows 2000 or higher version.
INF6. R Operate on TCP/IP network to support
application, database and workstation
connectivity.
INF7. R Support application client operation on a 32-bit,
Microsoft Windows compatible operating
system.
GPD Land & Estate Management Information System ITT Page 156
A6.3.7 User Interfaces
Ref. Weight Requirements Bidder Response
(F)ully Met VCM UCM WA
(P)artially Met
(N)ot Met
Provide a consistent Windows-based, graphical
user interface (GUI) across all modules and
integrated subsystems. Interface consistency
includes:
UI1. R • Use of common command syntax
UI2. R • Dialog window styles
UI3. R • Data entry structures
UI4. R • Information presentation (both hard-copy
and on-line).
Desired GUI characteristics include mouse
activated:
UI5. R • Icons,
UI6. R • Buttons,
UI7. R • Scroll bars,
UI8. R • Drop-down lists,
UI9. R • Check boxes,
UI10. R • Menu bars,
UI11. N • Text boxes,
UI12. N • Tool tips,
UI13. N • Resizable windows,
UI14. R • Cut, copy, and paste functions.
UI15. R Incorporate features designed to reduce the
amount of direct keying required to initiate
processing. Data entry efficiency features
include the use of default values, look-up tables
and automatic data recall.
Other desirable features include:
UI16. R • The use of single function windows (e.g.,
one input screen per transaction),
UI17. R • The ability to pass common data from
screen to screen,
GPD Land & Estate Management Information System ITT Page 157
UI18. N • Highlighting of required fields,
UI19. R • The use of auto tabs,
UI20. N • The use of function keys (e.g., retrieve
previous data, invoke help facility, suspend
transaction, clear screen, etc.),
UI21. N • Disabling of non-supported function keys,
UI22. N • A menu mode and an expert mode of
screen navigation,
UI23. R • Transaction entry undo/redo,
UI24. R • Context-sensitive on-line help, and
UI25. R • The ability to select records from a list by
scrolling or by typing in only part of an
entry.
UI26. R Support desktop integration with other common
workstation applications, such as, MS Word,
MS Excel, etc.
UI27. R All screens and other output shall be in the
English language.
GPD Land & Estate Management Information System ITT Page 158
A6.3.8 Internet Access
Ref. Weight Requirements Bidder Response
(F)ully Met VCM UCM WA
(P)artially Met
(N)ot Met
IA1. R Support secure web-browser access to its
integrated ad hoc data query facility.
IA2. R Provide the capability to receive payment
collections via the Internet.
IA3. R Support the use of Public Key Infrastructure
(PKI) technology using digital signatures (digital
ID for authentication using certificates) to
control access to sensitive data over the
Internet.
GPD Land & Estate Management Information System ITT Page 159
A6.3.9 Reporting Function
Ref. Weight Requirements Bidder Response
(F)ully Met VCM U WA
C
(P)artially Met M
(N)ot Met
RF1. R Be capable of generating reporting output using
computer screen displays; to data file; and
hardcopy reports. Where not otherwise
specified by a functional requirement,
requested information must be viewable using
the application’s on-line user interface. Where
the term report is used, the application must be
capable of generating a formatted, hardcopy
report containing the specified information.
RF2. R When reports are displayed online, the system
should allow drill down from the various line
items to link to related database records.
RF3. R Provides the capability of adding relevant
amounts in a column to provide totals of sums
and units.
RF4. R Provides the capability of date sensitive
processing and reporting such that a reporting
period can start and end on any day of the
period, with the ability to define the beginning
and end date for each entity – e.g. the ability to
generate a report on rent accrued in any one
period but not paid within another defined
period. As transactions process, the
transaction date determines what reporting
period is affected – if the period is closed the
transaction rolls into the next open period.
RF5. R Provide a data query facility that will enable ad
hoc access to information and
analytical/reporting tools. Utilisation of this
facility must not impact normal on-line and
batch processing system performance.
RF6. R Include a user interface that allows users to
create/edit parameter-based query scripts and
to submit them for immediate execution and/or
store them in a common library for future use.
RF7. R Allow users to run selected queries
automatically in batch mode and to stage the
“report” output for later access by users.
GPD Land & Estate Management Information System ITT Page 160
RF8. R Include on-line tools to help optimise query
scripts and identify potential resource-intensive
submissions and provide run-time controls to
limit "run-away" queries and large data
download requests.
RF9. R Support simultaneous access to multiple data
sources using standard query language (SQL)
or a functionally similar query mechanism.
RF10. R Support output display on the desktop. The
facility must also support dynamic report
reformatting, regrouping and drill-down to detail
records from summary report lines.
RF11. R Allow authorised users to download selected
data to their PC desktop. This download
capability must be able to automatically
reformat downloaded information for direct
access by common desktop applications (e.g.,
Microsoft Excel, Word and ASCII formatted).
RF12. R Provide the ability to preview a report, form or
other query result before printing.
RF13. R Support access to current and historical
information (i.e., prior-year data).
RF14. N Provide the ability to perform document cross-
referencing in which a user can query on any
document and receive information on
associated documents in the processing "chain"
(e.g., querying on a lease contract would
provide any amendments to the lease, including
rent revisions made, permits for structural
alterations granted).
RF15. R Include a graphical display of data sources and
allow users to point and click on selectable
table, data, and link objects for inclusion in a
custom query.
RF16. R Include an active data dictionary to provide
users with object definitions.
RF17. R Allow users to transmit copies of report/query
results electronically via e-mail to multiple pre-
identified individuals.
Allow the provision of information in a variety of
formats to users according to their needs.
Methods include:
RF18. R • On-line enquiries
RF19. R • Data files
GPD Land & Estate Management Information System ITT Page 161
RF20. R • Hard-copy format
RF21. N • E-Mail
RF22. R Allow easy-to-use functionality that is
understandable to users with varying levels of
technical knowledge. Users with relatively
limited knowledge of the system should be able
to access and retrieve data with minimal
training on the system.
RF23. R Provides reports with a maximum of 256
columns.
RF24. R Allows the creation of calculations such as
average rental income by property type.
RF25. R Handles complex calculations such as
conditional if-then statements.
RF26. R Prepares and distributes presentation-quality
reports using customized fonts, colours and
other formatting options.
RF27. R Must be able to extract data from different
modules.
RF28. N The system must provide automatic processing,
collation and printing, or e-mail distribution of
predefined report sets (e.g. quarterly report of
revenue budgeted/collected automatically sent
to the Directors).
RF29. N Supports built-in performance indicators with a
flash report function – e.g. one flash report
showing a summary of selected performance
indicators.
RF30. R Provides graphical representation of numerical
data by using pie, line and area charts.
RF31. R Provides what-if analysis features through pivot
tables.
RF32. N Provides event triggered reporting (alarms).
For example, the system automatically alerts
the Revenue Manager if rent collected is below
75% of budgeted revenue.
RF33. R The system shall enable the creation of letters
and document templates to print leases and
other forms using data from the LEMIS
database.
The system shall enable output in the following
styles, but not be limited to:
RF34. R • Tabular;
GPD Land & Estate Management Information System ITT Page 162
RF35. R • Form;
RF36. R • Letter (free flow text format);
RF37. N • Mailing label;
RF38. N • Matrix (simple and nested);
RF39. N • Any combination of the above.
The system shall enable the user to search and
select any data item or range of data items /
records that the user is authorised to read,
using any of the following facilities, but not
limited to:
RF40. R • Comparison operators (=, <>, >,<, etc.);
RF41. R • Numeric, character, date and null
comparisons;
RF42. R • Selection conditions combined with AND /
OR / NOT operators;
RF43. R • Wild cards (begins with, ends with,
contains, sounds like);
RF44. R • Nested searches.
The system shall enable data sorting for
reporting and analysis purposes by any data
element / type, including but not limited to:
RF45. R • Numeric;
RF46. R • Character;
RF47. R • Date / time;
RF48. R • Multiple data elements
RF49. R • Multiple data types
RF50. R • Ascending and descending.
RF51. R It should be possible to apply formulae in
reports, such as ratios and percentages.
GPD Land & Estate Management Information System ITT Page 163
A6.3.10 User-End Customisation
Ref. Weight Requirements Bidder Response
(F)ully Met VCM UCM WA
(P)artially Met
(N)ot Met
Provide the facility to carry out the following:
UC1. R • Create new and edit existing report formats
UC2. R • Customise forms
UC3. R • Customise menus
UC4. R • Provide user-definable fields
UC5. R • Customise default values
UC6. R • Customise field validation –
mandatory/optional attribute
UC7. R • Customise field validation - others
UC8. R • Creation of error messages for user-
customised/created fields
UC9. R • Customise input screens
UC10. N • Modify source code
UC11. R • Provide custom functions
UC12. R • Customise labels
UC13. N • Customise on-line HELP file including the
ability to add examples, policy and general
guidance
UC14. R Retain modifications carried out by end-users
on upgrade to newer versions of the product.
Provide users the facility to change report
formats as follows:
UC15. R • Change fonts
UC16. R • Add lines, rows and columns as
appropriate
UC17. R • Insert organisation logo
Provide users the facility to change forms as
follows:
UC18. R • Tailor a form’s format
UC19. R • Add and re-arrange information in order to
GPD Land & Estate Management Information System ITT Page 164
fit an old design (e.g. cheques, invoices,
etc).
Provide users the facility to customise input
screens as follows:
UC20. R • Add additional fields
UC21. R • Rename fields
UC22. R • Rearrange fields
UC23. R • Hide existing fields
UC24. R • Set tab order of user fields
UC25. R • Insert drop-down boxes
UC26. N • Support an unlimited additional fields /
drop-down boxes. If not specify number of
additional fields / drop-down boxes:
• Number of fields / drop-down boxes: ___
GPD Land & Estate Management Information System ITT Page 165
Appendix 7 – GPD Business Processes
This Appendix provides a general description of the process flow relating to the business processes
perfomed by the GPD. Each business process described in Table 2.9.1 of the Invitation To Tender is
represented here in terms of a flow between the different business focus areas of the GPD. The flow
described is not to be regarded as a rigid and static one and GPD envisages that changes/re-
engineering of the flow content and sequence are possible and may be desirable in the light of the
capabilities offered by the new software. Bidders are required to consider carefully the process
descriptions provided at Sections A7.2, A7.3, A7.4, A7.5, A7.6 and A7.7 of this appendix, together with
the related service description in Table 2.9.1, and indicate how their proposed solution can be used by
GPD to flexibly cater for the indicated business processes. Bidders are expected to demonstrate the
flexibility of their proposed system to cater for varied business processes and the system’s capability for
adaptability to changing business processes.
A7.1 Bidder’s Response for GPD Business Processes
This section provides the table (A7.1.1) that will need to be completed by the bidder in order to further
specify how the system can be used by GPD to perform its business processes.
Table A7.1.1 – Bidder’s Response for GPD Business Processes
Proposed Solution Codes
Business
Process Proposed Solution Description (F)ully VCM UCM WA
Code (P)artially
(N)ot
Column 1 – Business Process Code – The bidder is here requested to cite the unique business
process code used both in Table 2.9.1 and in the detailed GPD Business Process descriptions
below.
Column 2 – Proposed Solution Description – The bidder is here requested to give a detailed
description of which system modules are required and how the system can be used to perform
the business process.
Column 3 – The bidder is here requested to state ONE of the following ONLY:
• The business process is (F)ully catered for by the software – mark column with an ‘F’;
• The business process is (P)artially catered for by the software – mark column with a ‘P’;
• The business process is (N)ot catered for by the software – mark column with an ‘N’.
In cases where the business process is (F)ully catered for by the software the bidder must not
mark columns 4, 5 and 6.
GPD Land & Estate Management Information System ITT Page 166
In cases where the business process is (P)artially catered for or (N)ot met by the software, the
bidder must mark one or a combination of columns 4, 5 and / or 6.
Column 4 – (V)endor (C)usto(M)isation (VCM): The bidder is requested to tick this column if the
software needs to be customised by the successful bidder in order to satisfy the business
requirement. In this case the bidder is also requested to provide a description (in Column 2 –
Proposed Solution Description of Table A7.1.1) of the customisation required and their intention
or otherwise of including the enhancement in forthcoming upgrades. The cost for vendor
customisation required must be detailed and itemised in the cost schedule.
Column 5 – (U)ser-End (C)usto(M)isation (UCM): The bidder is requested to tick this column if the
software can be customised by GPD’s system administration personnel by using the user-end
customisation facilities provided by the software in order to satisfy the requirement. In this case
the bidder is also requested to provide a description of the customisation required in Column 2
– Proposed Solution Description of Table A7.1.1.
Column 6 – (W)ork-(A)round (WA): The bidder is requested to tick this column if they can provide an
acceptable work-around in order to satisfy the requirement. In this case the bidder is also
requested to provide a description (in Column 2 – Proposed Solution Description of Table
A7.1.1) of the work around required.
GPD Land & Estate Management Information System ITT Page 167
A7.2 Acquisition
A01 – Amicable purchase of private property
Business Function Service Output
Customer Care & Receives and registers request and checks whether all formalities have been complied with. Acknowledgement
Request Registry
Estate Management The request is read from the system and checked to ensure all authorisations have been provided,
Acquisition Team the property is inspected and the inspection status report is captured.
A property drawing (PD) is drafted and captured.
A Land Registration plan is prepared.
The case is noted for valuation by the Valuation Office.
Valuation Office Valuation (See D41, D42). Where a Notice to Treat has already been issued, the valuation as Valuation report
appearing thereon is to be applied for the purposes of any new President’s Declaration being issued
under the 2002 amendments to LAO.
Expropriation Section ES vets request on the system.
ES subcontracts the establishment of ownership to private lawyers. (Info to be captured - index of
research, scan legal advice, owner details).
Contracts Section CS initiates Contract process (See D06).
Property Terrier PTM updates property records.
Management
A02 – Statutory purchase of dilapidated private property that is granted on lease
Business Function Service Output
Customer Care & Receives and registers request and checks whether all formalities have been complied with. Acknowledgement
Request Registry
GPD Land & Estate Management Information System ITT Page 168
Estate Management The request is read from the system and checked to ensure all authorisations have been provided ,
Acquisition Team the property is inspected; the inspection status report is captured and a property drawing (PD) is
drafted and captured.
A Land Registration plan is prepared.
The case is noted for drawing up contract by Expropriation Section.
Expropriation Section ES vets request on the system.
ES subcontracts the establishment of ownership to private lawyers. (Info to be captured - index of
research, scan legal advice, owner details)
Value of property is the annual rent (as certified by LVO) capitalised at 6%.
ES initiates Contract process.
Property Terrier PTM updates property records.
Management
Estate Management Maintenance of property.
Disposal Team
Contracts Section Sign new lease agreement.
A03 – Acquisition at the expense of government department
Business Function Service Output
Customer Care & Receives and registers request and checks whether all formalities have been complied with. Acknowledgement
Request Registry
GPD Land & Estate Management Information System ITT Page 169
Estate Management The request is checked on the system for giving ‘authorisation to proceed’ and the outcome is noted. Status reminder
Acquisition Team
If the case in not authorised, a letter to inform the client is generated, the date it is sent is noted and Fields: Date, reference, type of
the case is closed (but can be re-opened). request, requesting
department, contact details,
If the case is authorised, the property is inspected; the inspection status report is captured and
Property Drawing is generated. PD includes agriculture / building area and data sheet. At this point reminder notes, status.
the GIS information is transferred to the Acquisition GIS layer.
Land Registration plan is prepared. Property Drawing
History office note is generated and the case is noted for valuation by the Valuation Office. Data Sheet
Valuation Office Valuation (See D41, D42). Where a Notice to Treat has already been issued, the valuation as Valuation report
appearing thereon is to be applied for the purposes of any new President’s Declaration being issued
under the 2002 amendments to LAO.
Expropriation Section ES vets request on the system. Letter requesting Department
ES requests Department for fund transfer. If Department does not accept valuation the process is to transfer funds
stopped.
ES drafts President’s Declaration and declaration is sent to CoL, Minister, President for sanction. ES President’s declaration
scans signed declaration and sends copy to DOI. DOI publishes declaration. (includes Valuation Report and
Within 15 working days from President’s declaration, ES deposits valuation amount (plus 5% p/a from Property Drawing (where
available))
date of President’s declaration till date of deposit) in bank.
ES scans Government Gazette page where declaration is published and sends copy to Local Council
and requesting department.
ES, with the assistance of PTM, registers property under the Land Registration Act. The law provides
a three month limit for the registration.
ES scans Government Gazette endorsed by Local Council and keeps Newspaper details.
GPD Land & Estate Management Information System ITT Page 170
Expropriation Section Within 14 working days from President’s declaration, ES initiates Loss of Crops assessment: Loss of crops assessment
ES sends letter (together with 2 PDs) to Agricultural Department requesting Estimation of Loss of
Crops. If payment is less than Lm200 ES pays by cheque, otherwise by Contract of Payment. ES
scans Contract of Payment and sends a copy to Agricultural Dept.
Property Terrier PTM updates the property terrier records.
Management
Expropriation Section If property is not already registered with absolute title at Land Registry Department, owner provides Acceptance / Rejection
legal advice to prove ownership. ES signifies acceptance / rejection (in the case of acceptance - by
means of a judicial letter) of proof within 2 months from receipt of evidence.
Release of Acquisition money
If ES accepts evidence authorises Bank to release of the money.
Legal and LRO sends a Judicial Act to owner signifying acceptance of proof. Judicial Act
Recognition Office Owner can withdraw deposit / interest without prejudice to request for a better price through LAB.
If owner does not accept value he has to open LAB Case.
LAB establishes value. LAB decision
LAB decision can be contested (within 20 days) on a point of law.
Expropriation Section ES updates system with LAB decision. If LAB increases price, difference in price has to be paid
within 3 months plus interests (5% p/a) from President’s Declaration date.
A04 – Acquisition at the expense of third party
Business Function Service Output
Customer Care & Receives and registers request and checks whether all formalities have been complied with. Acknowledgement
Request Registry
GPD Land & Estate Management Information System ITT Page 171
Estate Management The request is checked on the system for giving ‘authorisation to proceed’ and the outcome is noted. Decision Letter (Negative
Acquisition Team response)
If the case does not include evidence by the client of his attempt for an amicable agreement, a letter
to inform the client is generated, the date it is sent is noted and the case is put on hold until client Property Drawing
gets proof to settle in an amicable agreement. Data Sheet
If the case in not authorised, a letter to inform the client is generated, the date it is sent is noted and
the case is closed (but can be re-opened).
If the case is authorised, the property is inspected; the inspection status report is captured and
Property Drawing is generated. PD includes agriculture / building area and data sheet. At this point
the GIS information is transferred to the Acquisition GIS layer.
History office note is generated and the case is noted for valuation by the Valuation Office.
Valuation Office Valuation (See D41, D42). Where a Notice to Treat has already been issued, the valuation as Valuation Report
appearing thereon is to be applied for the purposes of any new President’s Declaration being issued
under the 2002 amendments to LAO.
Expropriation Section ES vets request on the system. ES sends letter indicating value and sample of contract to requesting Contract of Obligation
individual. If individual accepts value, ES drafts Contract of Obligation (includes value, administration
charges, notary charges). Individual signs Contract of Obligation and provides a guarantee to pay
twice the estimated value (ipoteka). ES registers Ipoteka (hypotech) at Public Registry. If individual
does not accept value, case is put away.
ES drafts President’s Declaration and declaration is sent to CoL, Minister, President for sanction. ES
scans signed declaration and sends copy to DOI. DOI publishes declaration.
Within 15 working days from President’s declaration, ES deposits valuation amount (plus 5% p/a from
date of President’s declaration till date of deposit) in bank. President’s declaration
(includes Valuation Report and
ES scans Government Gazette page where declaration is published and sends copy to Local Council Property Drawing (where
and requesting department. available))
ES scans Government Gazette endorsed by Local Council and keeps Newspaper details.
GPD Land & Estate Management Information System ITT Page 172
Expropriation Section Within 14 working days from President’s declaration, ES initiates Loss of Crops assessment: Loss of crops assessment
ES sends letter (together with 2 PDs) to Agricultural Department requesting Estimation of Loss of
Crops. If payment is less than Lm200 ES pays by cheque, otherwise by Contract of Payment. ES
scans Contract of Payment and sends a copy to Agricultural Dept.
Property Terrier PTM updates property records. Within 3 months from President’s declaration, PTM registers property
Management at the Land Registry Department.
Expropriation Section If property is not already registered with absolute title at Land Registry Department, owner provides Acceptance / Rejection
legal advice to prove ownership. ES signifies acceptance / rejection of proof within 2 months from
receipt of evidence.
If ES accepts evidence authorises Bank to release of the money.
Release of Acquisition money
Legal and LRO sends a Judicial Act to owner signifying acceptance of proof. Judicial Act
Recognition Office Owner can withdraw deposit / interest without prejudice to request for a better price through LAB.
If owner does not accept value he has to open LAB Case.
LAB establishes value. LAB decision
LAB decision can be contested (within 20 days) on a point of law.
Expropriation Section ES updates system with LAB decision. If LAB increases price, difference in price has to be paid
within 3 months plus interests (5% p/a) from President’s Declaration date.
A05 – Acquisition on possession and use
A06 – Acquisition on public tenure
Business Function Service Output
Customer Care & Receives and registers request and checks whether all formalities have been complied with. Acknowledgement
Request Registry
Estate Management As in A03 - Acquisition at the expense of government department
Acquisition Team
GPD Land & Estate Management Information System ITT Page 173
Valuation Office Valuation (See D41, D42). Where a Notice to Treat has already been issued, the valuation as Valuation report
appearing thereon is to be applied for the purposes of any new President’s Declaration being issued
under the 2002 amendments to LAO.
Expropriation Section ES vets request on the system. President’s declaration
(includes Valuation Report and
ES drafts President’s Declaration and declaration is sent to CoL, Minister, President for sanction. ES
Property Drawing (where
scans signed declaration and sends copy to DOI. DOI publishes declaration.
available))
ES scans Government Gazette page where declaration is published and sends copy to Local Council
and requesting department.
ES scans Government Gazette endorsed by Local Council and keeps Newspaper details.
Property Terrier PTM updates the property terrier records.
Management
Expropriation Section Within 14 working days from President’s declaration, ES initiates Loss of Crops assessment: Loss of crops assessment
ES sends letter (together with 2 PDs) to Agricultural Department requesting Estimation of Loss of
Crops. If payment is less than Lm200 ES pays by cheque, otherwise by Contract of Payment. ES
scans Contract of Payment and sends a copy to Agricultural Dept.
Contracts Section Owner provides legal advice to prove ownership. CS signifies acceptance of proof within 2 months Acceptance / Rejection
from receipt of satisfactory evidence.
Legal and LRO sends a Judicial Act to owner. Judicial Act
Recognition Office If owner does not accept value he has to open LAB Case.
LAB establishes value.
LAB decision can be contested (within 20 days) on a point of law. LAB decision
Contracts Section Contract (See D06)
GPD Land & Estate Management Information System ITT Page 174
A07 – Creation of subsoil rights
Business Function Service Output
Customer Care & Receives and registers request and checks whether all formalities have been complied with. Acknowledgement
Request Registry
Estate Management The request is read from the system, the property is inspected and the inspection status report is
Acquisition Team captured.
A property drawing (PD) is drafted and captured.
The case is noted for publication of President’s Proclamation by Expropriation Section.
Expropriation Section ES vets request on the system.
ES publishes President’s Proclamation.
ES initiates Loss of Crops Assessment process.
ES refers to PTM for update of property records..
Property Terrier PTM updates the property terrier records.
Management
A08 – Creation of easement
Business Function Service Output
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
GPD Land & Estate Management Information System ITT Page 175
Estate Management The request is checked on the system for giving ‘authorisation to proceed’ and the outcome is noted. Status reminder
Acquisition Team
If the case in not authorised, a letter to inform the client is generated, the date it is sent is noted and Fields: Date, reference, type of
the case is closed (but can be re-opened). request, requesting
department, contact details,
If the case is authorised, the property is inspected; the inspection status report is captured and
reminder notes, status.
Property Drawing is generated. PD includes agriculture / building area and data sheet. At this point
the GIS information is transferred to the Acquisition GIS layer.
History office note is generated and the case is noted for valuation by the Valuation Office. Property Drawing
Data Sheet
Valuation Office Valuation (See D41, D42) Valuation report
Expropriation Section ES vets request on the system. Letter requesting Department
to transfer funds
ES requests Department for fund transfer. If Department does not accept valuation the process is
stopped.
ES drafts President’s Declaration and declaration is sent to CoL, Minister, President for sanction. ES President’s declaration
scans signed declaration and sends copy to DOI. DOI publishes declaration. (includes Valuation Report and
Property Drawing (where
Within 15 working days from President’s declaration, ES deposits valuation amount (plus 5% p/a from
available))
date of President’s declaration till date of deposit) in bank.
ES scans Government Gazette page where declaration is published and sends copy to Local Council
and requesting department.
ES scans Government Gazette endorsed by Local Council and keeps Newspaper details.
Property Terrier PTM updates the property terrier records and registers property under the Land Registration Act
Management (within 3 months from the Presdient’s Declaration).
Expropriation Section Within 14 working days from President’s declaration, ES initiates Loss of Crops assessment: Loss of crops assessment
ES sends letter (together with 2 PDs) to Agricultural Department requesting Estimation of Loss of
Crops. If payment is less than Lm200 ES pays by cheque, otherwise by Contract of Payment. ES
scans Contract of Payment and sends a copy to Agricultural Dept.
GPD Land & Estate Management Information System ITT Page 176
Expropriation Section If property is not already registered with absolute title at Land Registry Department, owner provides Acceptance / Rejection
legal advice to prove ownership. ES signifies acceptance / rejection of proof within 2 months from
receipt of evidence.
If ES accepts evidence authorises Bank to release of the money.
Release of Acquisition money
Legal and LRO sends a Judicial Act to owner. Judicial Act
Recognition Office Owner can withdraw deposit / interest without prejudice to request for a better price through LAB.
If owner does not accept value he has to open LAB Case.
LAB establishes value. LAB decision
LAB decision can be contested (within 20 days) on a point of law.
Expropriation Section ES updates system with LAB decision. If LAB increases price, difference in price has to be paid
within 3 months plus interests (5% p/a) from President’s Declaration date.
A09 – Creation of right to survey
Business Function Service Output
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Estate Management The request is read from the system and a property drawing (PD) is drafted and captured. An outline
Acquisition Team status report is generated.
The case is noted for publication of President’s declaration by Expropriation Section.
Expropriation Section ES vets request on the system.
ES publishes President’s Declaration.
A10 – Freezing of private property
Business Function Service Output
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
GPD Land & Estate Management Information System ITT Page 177
Estate Management The request is read from the system and a property drawing (PD) is drafted and captured.
Acquisition Team
Expropriation Section ES vets request on the system.
ES publishes Minister’s Declaration.
A11 – Release to owners of property that is still in process of acquisition
Business Function Service Output
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Estate Management The request is read from the system, the property is inspected and the inspection status report is Decision Letter (Negative
Acquisition Team captured. response)
If the request is in response to a reminder from GPD, this is noted.
A property drawing (PD) is drafted and captured.
Release report is drawn up and captured.
If GPD is releasing part of the property case is noted for apportionment by VO otherwise the case is
noted for signing of indemnity declaration by Expropriation Section.
Valuation Office Valuation (See D41, D42) – Apportionment report to apportion value of site being released and Apportionment report
retained.
Expropriation Section ES vets request on the system. Indemnity Declaration
ES issues Indemnity Declaration and owner signs it. ES scans signed declaration. President’s Declaration
ES publishes President’s Declaration.
ES sends letter (together with a copy of Government Gazette) to owner / requesting department.
GPD Land & Estate Management Information System ITT Page 178
A12 – Sale back to owners of paid expropriated property
Business Function Service Output
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Estate Management The request is read from the system, a letter and site plan is sent to requesting department to confirm Decision Letter (Negative
Acquisition Team if property is still required. response)
If requesting department gives ‘authorisation to release’ a property drawing (PD) is drafted and
captured.
If GPD is releasing part of the property case is noted for apportionment by Valuation Office otherwise
the case is noted for signing of indemnity declaration by Expropriation Section.
Valuation Office Valuation (See D41, D42) – Apportionment report to apportion value of site being released and Apportionment report
retained.
Expropriation Section ES vets request on the system.
ES issues Indemnity Declaration and owner signs it. ES scans signed declaration.
Contract (See D06)
Property Terrier PTM updates property records.
Management
A13 – Release of property held on possession and use
Business Function Service Output
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
GPD Land & Estate Management Information System ITT Page 179
Estate Management The request is checked on the system for giving ‘authorisation to release’ and the outcome is noted. Decision Letter (Negative
Acquisition Team If the case in not released, a letter to inform the client is generated, the date it is sent is noted and the response)
case is closed.
If the case is authorised, the property is inspected; the inspection status report is captured and a
property drawing (PD) is drafted and captured.
If GPD is releasing part of the property case is noted for apportionment by VO otherwise the case is
noted to Expropriation Section.
Valuation Office Valuation (See D41, D42) – Apportionment report to apportion value of site being released and Apportionment report
retained.
Expropriation Section ES vets request on the system. President’s Declaration
ES issues Indemnity Declaration and owner signs it. ES scans signed declaration.
ES publishes President’s Declaration.
Property Terrier PTM updates property records.
Management
A14 – Release of property held on public tenure
Business Function Service Output
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Estate Management The request is checked on the system for giving ‘authorisation to release’ and the outcome is noted. Decision Letter (Negative
Acquisition Team If the case in not released, a letter to inform the client is generated, the date it is sent is noted and the response)
case is closed.
If the case is authorised, the property is inspected; the inspection status report is captured and a
property drawing (PD) is drafted and captured.
If GPD is releasing part of the property case is noted for apportionment by VO otherwise the case is
noted for action by Expropriation Section.
Valuation Office Valuation (See D41, D42) Valuation report
GPD Land & Estate Management Information System ITT Page 180
Expropriation Section ES vets request on the system.
ES issues Indemnity Declaration and owner signs it. ES scans signed declaration.
ES publishes President’s Declaration.
Contract (See D06)
Property Terrier PTM updates property records.
Management
A15 – Conversion from possession and use to public tenure
Business Function Service Output
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Estate Management The request is read from the system, the property is inspected and the inspection status report is
Acquisition Team captured.
If GPD Architect certifies that property is permanently required case is noted to Expropriation Section.
Contracts Section Contract (See D06). (Value of recognition rent is the value of acquisition rent plus 40%)
Property Terrier PTM updates property records.
Management
A16 – Purchase of property held under public tenure
Business Function Service Output
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
GPD Land & Estate Management Information System ITT Page 181
Expropriation Section ES vets request on the system. President’s declaration
(includes Valuation Report and
ES drafts President’s Declaration and declaration is sent to CoL, Minister, President for sanction. ES
Property Drawing (where
scans signed declaration and sends copy to DOI. DOI publishes declaration.
available))
Within 15 working days from President’s declaration, ES deposits valuation amount (plus 5% p/a from
date of President’s declaration till date of deposit) in bank.
ES scans Government Gazette page where declaration is published and sends copy to Local Council Possession and use capitalised
at 1%
and requesting department.
Public tenure capitalised at
ES scans Government Gazette endorsed by Local Council and keeps Newspaper details.
1.4%
Property Terrier Within 3 months from President’s declaration, PMT registers property at the Land Registry
Management Department.
Expropriation Section Owner provides legal advice to prove ownership. ES signifies acceptance of proof within 2 months Acceptance / Rejection
from receipt of satisfactory evidence.
Legal and LRO sends a Judicial Act to owner. Judicial Act
Recognition Office
A17 – Request for compensation (BDA)
Business Function Service Output
Legal and PL attends LAB court case. LAB decides value and contract date.
Recognition Office
Estate Management EMT prepares Property Drawing.
Contracts Section CS vets request on the system. CS initiates Contract process for payment of compensation rights
(See D06).
A18 – Release of property in terms of the Reversion of Certain Lands Act (BDA)
Business Function Service Output
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
GPD Land & Estate Management Information System ITT Page 182
Expropriation Section ES vets request on the system.
Estate Management EMT prepares Property Drawing.
Expropriation Section ES publishes Ministerial Legal Notice.
Property Terrier PTM updates property records.
Management
A19 – Issue of Notice to Treat
Business Function Service
GPD A notice to treat is a judicial letter that is issued under the Land Acquisition (Public Purposes) Ordinance (LAO) for the purpose of
informing owners of expropriated property of the actual price Govt is prepared to pay for such property. It has the effect of freezing the
valuation date of expropriated property – in other words property is valued as at the date of the Notice to Treat, even if payment is made
years later. Requires identification of owners. Under the 2002 amendments to LAO a notice to treat shall no longer be required as the
property value is communicated directly within the President’s Declaration that declares the property as expropriated. Under the said
amendments the property becomes Government property on the date of issue of the President’s Declaration. Notice to treat records
will still need to be kept in view of past expropriations.
A20 – Re-imbursement of expenses
Business Function Service
GPD Relates to the refund of expenses incurred by private owners whose property has been expropriated being expenses incurred for the
purposes of proving their ownership and may include lawyer fees, legal fees etc. GPD needs to track the claims for such expenses and
itemise them against the relative acquisition.
GPD Land & Estate Management Information System ITT Page 183
A7.3 Disposals
D01 – Request for the lease/sale of vacant Government property
Business Service
Function
GPD Relates to the sale/lease/emphyteusis of government-owned vacant property. This is normally carried out via the tender procedure.
There are instances where a direct lease can be made. A direct sale is also possible where government land is offered in exchange of
private property that has been compulsorily acquired.
D02 – Request for the use of property under encroachment terms
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Estate EMDT vets request on the system for: Rejection Letter
Management Property is government owned or ex-church property Property Drawing
Disposal Team
Property is not allocated
If property is already allocated to requesting client check account details
Case is noted as vetted for Architect’s advice. Architect’s inspects site and inputs advice in the system,
and case is then authorised by Manager and decision is noted on the system.
If request is rejected, EMDT generates Rejection Letter from the system and updates system with date
when letter is sent. If request is approved, EMDT inspects site in question and updates system with
inspection details. EMDT generates Property Drawing.
Valuation Office Valuation (See D41, D42) Valuation report
Contracts Section Issue Permit Permit
GPD Land & Estate Management Information System ITT Page 184
Property Terrier PTM updates property records.
Management
Revenue Accept fees
Management
D03 – Request for one time permit
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Estate EMDT vets request on the system for: Rejection / Approval Letter
Management - Property is government owned
Disposal Team
- Property is not allocated
- Activity does not clash with other requests
Case is noted as vetted for Manager’s advice on permit fee and approval. Decision is noted in the
system.
If request is rejected / approved, EMDT generates Rejection Letter / Approval note from the system
and updates system with date when letter is sent.
Contracts Section Issue Permit Permit
Revenue Accept fees
Management
D04 – Request for servitude over Government property
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
GPD Land & Estate Management Information System ITT Page 185
Estate EMDT vets request on the system for: Rejection Letter
Management
Property is government owned or ex-church property Property Drawing
Disposal Team
Property is not allocated
If property is already allocated to requesting client check account details
Case is noted as vetted for Architect’s advice. Architect’s inspects site and inputs advice in the system,
and case is then authorised by Manager and decision is noted on the system.
If request is rejected, EMDT generates Rejection Letter from the system and updates system with date
when letter is sent. If request is approved, EMDT inspects site in question and updates system with
inspection details. EMDT generates Property Drawing.
Valuation Office Valuation (See D41, D42) Valuation report
Contracts Section ES vets request on the system. ES initiates Contract process. Contract
Property Terrier PTM updates property records.
Management
D05 – Request for alternative accommodation
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry Process may be internally triggered
Estate EMDT vets request on the system.
Management If property is already identified by requesting client, check if available, otherwise search for vacant
Disposal Team property. If no vacant property is available EMDT generates letter from the system and updates
system with date when letter is sent.
Contracts Section Issue Lease Agreement Lease Agreement
Property Terrier PTM updates property records.
Management
GPD Land & Estate Management Information System ITT Page 186
Revenue Update rent records.
Management
D06 – Contract finalisation
Business Service Output
Function
Contracts Section CS vets request on the system and drafts contract. Notary vets contract.
CS sends letter to client to confirm the contract signing appointment date.
Contract is signed and CS registers contract at Public Registry.
CS informs Accounts of payments received / done.
If payment is done by instalments CS registers Note of Privilege at Public Registry.
CS scans contract and sends original to Notary to Government. If GPD is selling ex-Church property,
CS sends a copy of the contract to Joint Office Department.
If GPD is
• acquiring property (full ownership), request is referred to PTM to register property.
• selling property (within a registration area), request is referred to PTM to register property.
• granting of property on emphyteusis.
• exchange of government property with expropriated property.
• acquiring property via donation by Housing Authority.
• acquiring on public tenure, request is referred to Accounts for the creation of Recognition rent
account.
• acquiring on possession and use, request is referred to Accounts for the creation of Acquisition
rent account.
Property Terrier Update property/lease records.
Management
GPD Land & Estate Management Information System ITT Page 187
Accounts Create Acquisition rent account / Recognition rent account
Revenue Update records
Management
D07 – Request for maintenance of residential property
D08 – Request for repairs to leased non-residential property
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Estate EMDT vets request on the system. Letter informing client of the
Management If property is Residential, EMDT generates letter requesting Housing Construction and Maintenance decision
Disposal Team Department (HCMD) to inspect and quote for repair works. If property is Commercial, EMDT generates Letter to HMCD / MCD
letter requesting Construction and Maintenance Department (CMD) to inspect and quote for repair Issue Follow-up Letter to
works. EMDT updates system with date when letter is sent. HMCD / MCD
EMDT notes HMCD / CMD report for Manager’s decision. Decision is noted in the system. Updated Property maintenance
If property requires non-major repairs, EMDT generates letter requesting client to carry out the records
necessary repairs provided client gets necessary permits. If property requires major structural repairs,
EMDT generates letter requesting HCMD / CMD to carry out the necessary repairs. Copy of letter is
sent to client. EMDT updates system with date when letter is sent.
EMDT generates Follow up letters using the system and keeps track of date when letter is sent. Follow
up is stopped when repairs are completed.
There are cases where EMDT immediately instructs to remove danger and repair.
A rent revision may be made following structural repairs.
GPD Land & Estate Management Information System ITT Page 188
D09 – Request for structural alterations to property
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Estate EMDT vets request on the system. Rejection / Approval Letter
Management Case is noted as vetted for Architect’s advice. Architect’s inputs advice in the system, and case is then
Disposal Team authorised by Manager and decision is noted on the system.
If request is rejected / approved, EMDT generates Rejection / Approval Letter (Permit) from the system
and updates system with date when letter is sent.
D10 – Direct recognition of heirs in a residential lease
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Legal and LRO vets request on the system and seeks Legal Advice if necessary. Rejection / Recognition Letter
Recognition Office Case is noted as vetted for Manager’s approval. Decision is noted in the system.
If request is rejected LRO generates Rejection Letter from the system and updates system with date
when letter is sent.
If case is Wife to Husband (or vice-versa), LRO generates Recognition Letter from the system and
updates system with date when letter is sent. Otherwise case is sent to Housing Department for
processing.
The case is sent for noting.
Revenue Update records
Management
GPD Land & Estate Management Information System ITT Page 189
D11 – Direct recognition of heirs in a commercial lease / emphyteusis
D12 – Direct recognition of heirs/legatees in a non-residential lease (Boathouses and garages)
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Legal and LRO vets request on the system and seeks Legal Advice if necessary. Rejection / Recognition Letter
Recognition Office Case is noted as vetted for Manager’s approval. Decision is noted in the system.
If request is rejected / approved, LRO generates Rejection / Recognition Letter from the system and
updates system with date when letter is sent.
The case is sent for noting.
Property Terrier PTM updates property/lease records.
Management
Revenue Update rent records.
Management
D13 – Direct recognition of heirs in an agricultural lease
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Legal and LRO vets request on the system and seeks Legal Advice if necessary. Rejection / Recognition Letter
Recognition Office Case is noted as vetted for Manager’s approval. Decision is noted in the system.
If request is rejected / approved, LRO generates Rejection / Recognition Letter from the system and
updates system with date when letter is sent.
GPD Land & Estate Management Information System ITT Page 190
Property Terrier PTM updates property/lease records.
Management
Revenue Update rent records.
Management
D14 – Transfer of agricultural lease according to law
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Legal and LRO vets request on the system and seeks Legal Advice if necessary. Rejection / Renunciation Letter
Recognition Office Case is noted as vetted for Manager’s approval. Decision is noted in the system.
If request is rejected / approved, LRO generates Rejection / Renunciation Letter from the system and
updates system with date when letter is sent.
Tenant & spouse and prospective tenant & spouse sign the Renunciation / Declaration Letter. LRO
scans Renunciation Letter.
The case is sent for noting.
Property Terrier PTM updates property/lease records.
Management
Revenue Update rent records.
Management
D15 – Request for a new property title by holders of a running non-residential/commercial lease
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
GPD Land & Estate Management Information System ITT Page 191
Estate EMDT vets request on the system.
Management
EMDT informs requesting client of policy.
Disposal Team
If client accepts conditions, case is noted for Architect’s advice. Architect’s inputs advice in the system,
and case is then authorised by Manager and decision is noted on the system.
If request is approved, EMDT generates Renunciation Letter from the system and client signs it. EMDT
inspects site. Inspection Status Report is entered into the system, and Property Drawing is generated.
The case is noted for compilation of Tender. Requesting client is given the right of first refusal.
Contracts Section Issue Tender (See M02, M03) Tender
D16 – Request for an emphyteutical grant by holders of a non-residential / commercial lease on the basis of property investment
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Estate EMDT vets request on the system.
Management Case is noted as vetted for Architect’s advice. Architect’s inspects site and inputs advice in the system,
Disposal Team and case is then authorised by Manager and decision is noted on the system.
If request is rejected, EMDT generates Rejection Letter from the system and updates system with date
when letter is sent.
If request is approved, EMDT generates Renunciation Letter from the system and client signs it. EMDT
inspects site. Inspection Status Report is entered into the system, and Property Drawing is generated.
The case is noted for compilation of Tender. Requesting client is given the right of first refusal.
Contracts Section Issue Tender (See M02, M03) Tender
GPD Land & Estate Management Information System ITT Page 192
D17 – Request for a new emphyteutical grant by an existing emphyteuta of non-residential property on the basis of property investment
D18 – Disposal in favour of original emphyteuta of non-residential property following expiry of an emphyteutical grant
D19 – Direct recognition of the sitting tenant following the expiry of a non-residential emphyteusis
D20 – Re-letting of non-residential property originally contracted for more than 1 year
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry Process may be internally triggered
Estate EMDT vets request on the system.
Management Case is noted as vetted for Architect’s advice. Architect’s inspects site and inputs advice in the system,
Disposal Team
and case is then authorised by Manager and decision is noted on the system.
If request is rejected, EMDT generates Rejection Letter from the system and updates system with date
when letter is sent.
If request is approved, EMDT inspects site in question and updates system with inspection details.
EMDT generates Property Drawing.
The case is noted for compilation of Tender. Requesting client is given the right of first refusal.
Contracts Section Issue Tender (See M02, M03) Tender
D21 – Direct recognition as emphyteuta following purchase of emphyteutical rights (whole-transfer of property)
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
GPD Land & Estate Management Information System ITT Page 193
Legal and LRO vets request on the system and seeks Legal Advice if necessary. Rejection / Recognition Letter
Recognition Office
Case is noted as vetted for Manager’s approval. Decision is noted in the system.
If request is rejected LRO generates Rejection Letter from the system and updates system with date
when letter is sent.
If request is approved, and laudemium is due, client pays recognition fee. LRO generates Recognition
Letter from the system and updates system with date when letter is sent.
The case is sent for noting.
Revenue Update records
Management
D22 – Direct recognition as emphyteuta following legal purchase of part of the emphyteutical grant (part-transfer of property)
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Legal and LRO vets request on the system and seeks Legal Advice if necessary. Rejection Letter
Recognition Office Case is noted as vetted for Manager’s approval. Decision is noted in the system.
If request is rejected LRO generates Rejection Letter from the system and updates system with date
when letter is sent.
If request is approved, case is referred to EMDT for dismemberment.
Estate Property Dismemberment / Amalgamation (See R04)
Management
Disposal Team
Legal and LRO generates Letter from the system to inform original tenement of changes and updates system with Recognition Letter
Recognition Office date when letter is sent. LRO generates Recognition Letter from the system and updates system with
date when letter is sent.
The case is sent to Revenue Management Section for noting.
GPD Land & Estate Management Information System ITT Page 194
Revenue Update records and, where this is due, charges the pro rata laudemium to the client’s rent account.
Management
D23 – Transfer of commercial lease on the basis of old age
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Legal and LRO vets request on the system and seeks Legal Advice if necessary. Rejection / Renunciation Letter
Recognition Office If request is rejected / approved, LRO generates Rejection / Renunciation Letter from the system and
updates system with date when letter is sent.
Tenant & spouse and prospective tenant & spouse sign the Renunciation / Declaration Letter. LRO
scans Renunciation Letter. If tenant / prospective tenant is separated, s/he would supply a copy of
deed of separation.
Case is noted as vetted for Manager’s approval. Decision is noted in the system.
The case is noted for issuing of Lease Agreement.
Contracts Section Issue Lease Agreement at an increased rent Lease Agreement
D24 – Transfer of commercial lease through the goodwill procedure
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry Issue draft Goodwill Agreement and Declaration. Third party and tenant sign Agreement and Goodwill Agreement and
declaration. Scan documents. Declaration
Contracts Section Vets request on the system. Tender
Case is then authorised by Manager and decision is noted on the system.
If request is approved, issue Tender (See M02, M03).
GPD Land & Estate Management Information System ITT Page 195
D25 – Change in use
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Estate EMDT vets request on the system. Letter informing client of the
Management decision
In certain cases, client must get MEPA approval beforehand.
Disposal Team
Case is noted as vetted for Manager’s approval. Decision is noted in the system.
If request is rejected / approved, EMDT generates Rejection / Approval Letter from the system and
updates system with date when letter is sent.
Contracts Section CS calculates new rent, and informs client. If client accepts value, issue Lease Agreement.
D26 – Transfer to Housing Authority – request for clearance
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Estate EMDT vets request on the system. Letter
Management Case is noted as vetted for Manager’s approval. Decision is noted in the system.
Disposal Team
If request is rejected / approved, EMDT generates Rejection / Clearance / Pending (in process of
Acquisition) Letter from the system and updates system with date when letter is sent.
D27 – Transfer to Housing Authority – request for extent & boundary
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
GPD Land & Estate Management Information System ITT Page 196
Estate EMDT vets request on the system and inspect site. Inspection Status Report is entered into the Inspection report
Management system, and Property Drawing is generated. EMDT generates the Boundary Report from the system.
Property Drawing
Disposal Team
Boundary Report
D28 – Transfer to Housing Authority – Legal notice advice
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Estate EMDT vets Legal Notice on the system. If property is already in the Property Register, mark property
Management as transferred else create new Property and mark property as transferred.
Disposal Team
D30 – Transfer to Housing Authority – property sale
D31 – Transfer to Housing Authority – property promise of sale
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Estate EMDT vets request on the system.
Management Update Property alienation details in system.
Disposal Team
D32 – Transfer of property administration to MDC – request
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
GPD Land & Estate Management Information System ITT Page 197
Estate EMDT vets request on the system and inspect site. Inspection Status Report is entered into the
Management system, and Property Drawing is generated.
Disposal Team
D33 – Transfer of property administration to MDC – Legal Notice advice
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Estate EMDT vets Legal Notice on the system. If property is already in the Property Register, mark property
Management as transferred else create new Property and mark property as transferred.
Disposal Team
D34 – Transfer of property administration from Malta Development Corporation to GPD
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Estate Prepare Property Drawing.
Management EMDT sends letter to MDC informing them to proceed for the issue Legal Notice.
Disposal Team
MDC sends copy of Legal Notice when issued and area is noted on GIS as transferred back.
D35 – Direct allocation
Business Service Output
Function
Contracts Section Vets request on the system. Lease Agreement
Draft Lease Agreement/Contract of Emphyteusis. CoL discusses Lease Agreement/Contract of
Emphyteusis details with Entity established by Law.
Issue Lease Agreement/Contract of Emphyteusis.
GPD Land & Estate Management Information System ITT Page 198
D36 – Transfer through House of Representatives resolution
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Estate EMDT vets request on the system. Discussions are held and minutes noted. EMDT inspect site.
Management Inspection Status Report is entered into the system, and Property Drawing is generated.
Disposal Team
Contracts Prepares Parliamentary Resolution under Director’s guidance. Contract of grant must then be
published within one year of the Parliamentary Resolution.
D37 – Non-residential Lease to entities established by law – Policy (Para. 6).
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Estate EMDT vets request on the system.
Management If property is already identified by requesting client, check if available, otherwise search for vacant
Disposal Team property. If no vacant property is available EMDT generates letter from the system and updates
system with date when letter is sent.
Case is noted as vetted for Manager’s approval. Decision is noted in the system.
If request is approved, EMDT inspects site. Inspection Status Report is entered into the system, and
Property Drawing is generated.
Valuation Office Valuation (See D41, D42) Valuation report
Contracts Section Issue Lease Agreement Lease Agreement
GPD Land & Estate Management Information System ITT Page 199
D38 – Amicable termination of agricultural lease
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Estate Update records
Management
Disposal Team
Revenue Update records
Management
D39 – Forceful termination of agricultural lease
Business Service Output
Function
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Estate EMDT vets request on the system. Letter informing client of the
Management decision
Case is noted as vetted for Manager’s approval. Decision is noted in the system.
Disposal Team
If request is rejected / approved, EMDT generates Rejection Letter / Approval note from the system
and updates system with date when letter is sent.
Seek amicable settlement with tenant.
Expropriation ES vets request on the system. President’s declaration
Section ES publishes President’s Declaration. Letter informing client when
land can be taken over
ES initiates Loss of Crops Assessment process.
Legal and LRO sends judicial letter to tenant.
Recognition Office The case is sent for noting.
GPD Land & Estate Management Information System ITT Page 200
Estate Update records
Management
Disposal Team
Revenue Update records
Management
D40 – Transfer of property to Ecclesiastical Entities in terms of the Church/State agreement of 1991
Business Service
Function
GPD In terms of Article 8 of the Church/State agreement of 1991, all property, as listed in Annex 9 of the said agreement, expropriated from
Ecclesiastical Entities by Government, and not made use of by Government, was transferred back to the said Ecclesiastical Entities.
In terms of Article 9 of the Church/State agreement of 1991, Government’s directum dominium over the property listed in Annex 10 of the
said agreement, being property held by Ecclesiastical Entities under temporary or perpetual emphyteusis, was transferred by way of
direct ownership in favour of such Ecclesiastical Entities. The amount due by these Ecclesiastical Entities for the acquisition of this
directum dominium is to be calculated in terms of law (normally capitalisation of the ground rent at 5%) or in the absence of a provision of
law (as with temporary emphyteusis) in terms of the valuation principles established in Annex 7 of the Church/State agreement.
In terms of Article 10 of the Church/State agreement of 1991, the properties listed in Annex 11 thereto were transferred in ownership to
the Church. The compensation payable by the Church is to take the form of exchange with other Church property of equal value as
established by mutual agreement, or in the absence of such agreement, by the payment of an amount as established in terms of the
valuation principles set out in Annex 8 of the Church/State agreement.
In terms of Article 11 of the Church/State agreement of 1991, in designating land areas for residential premises, the Government shall
agree with the diocesan Bishop concerned about the allocation to the Church of an adequate site suitable for pastoral services. The
amount payable by the Church for such allocation shall be determined as follows. If the property is ex-church property transferred to the
state by virtue of the mentioned agreement, the value shall be that paid by the Government to the Church. If the property is other
government-owned property the value shall be established in terms of the Land Acquisition Ordinance in like manner as private property
expropriated for a public purpose. If the property is private property Government shall expropriate it for a public purpose and the Church
shall pay the relative expropriation price.
GPD Land & Estate Management Information System ITT Page 201
D41 – Property valuation for property transfers to which Ecclesiastical Entities are not party
Business Service
Function
GPD The GPD carries property valuations for a number of purposes including the assessment of a fair market rent during lease tenders, fair
market value during sales tenders and for the assessment of compensation due for expropriated property. In the latter case the value is
established in terms of the parameters laid down in the Land Acquisition Ordinance (that establishes that property value must be
determined in terms of a building site or agricultural land as defined in the Ordinance). The GPD farms out the majority of such
valuations to private architects.
D42 – Property valuation for property transfers to which Ecclesiastical Entities are party
Business Service
Function
GPD In valuing properties being transferred to the Government from Ecclesiastical Entities (whether by way of expropriation or otherwise) or
vice-versa, the valuation carried out by GPD must be made on the basis of the relevant articles of the Church/State agreement of 1991 –
see for instance E18, E19 and E20. In the case of property being expropriated from Ecclesiastical Entities the valuation shall primarily be
determined by an arbitrator appointed by common consent between the two parties (See Article 13 of the Church/State agreement of
1991).
D43 – Sale of ex-Church residential property
Business Service
Function
GPD The GPD offers an open scheme whereby ex-Church property used for residential purposes is sold to the tenants at prices that are
calculated on the basis of rent paid, type of lease enjoyed and remaining period of lease. Applications to the scheme are made via a
simple letter. Joint Office then carries out research to determine whether property forms part of the list transferred to the State and
whether applicant is entitled to purchase the property. Once a decision is taken, applicant is informed of the sale price, and if this is
acceptable to him/her a deed of sale is eventually entered into.
GPD Land & Estate Management Information System ITT Page 202
A7.4 Business Development / Marketing
M01 – Identification and offering of property for disposal
Business Function Service Output
Customer Care & Receives and registers request and confirms that all formalities have been complied with. Acknowledgement
Request Registry
Business Development BD vets request on the system.
Case is noted as vetted for Architect’s advice. Architect’s inputs advice in the system, and case
is then authorised by Manager and decision is noted on the system.
If request is approved, EMDT inspects site in question and updates system with inspection
details. EMDT generates Property Drawing.
Register property.
Architect prepares estimate.
The case is noted for compilation of Tender. Requesting client may be given the right of first
refusal (according to GPD Disposal Policy).
Contracts Section Issue Tender (See M02, M03) Tender
GPD Land & Estate Management Information System ITT Page 203
M02 – Tenders
M03 – Tenders ‘to state purpose’
Business Function Service Output
Contracts Section Vets request on the system. Tender
Draft conditions and publish tender.
Open tender box and evaluate responses.
If a response matches estimate - adjudicate. In case of sales and leases (over Lm 500) –
Contracts Department and Minister approval required.
Issue Acceptance / Rejection letter. Acceptance / Rejection Letter
Issue Bid bond release letter. Bid bond release Letter
In case of sales, refer to PMT to register property and Expropriation Section to publish contract.
In case of leases, issue Lease Agreement. Lease Agreement
If the responses do not match the estimate re-issue the tender. If tender is not adjudicated for 3
times, Architect revisits the original estimate.
Property Terrier Register property
Management
Contracts Section Contract (See D06) Contract
GPD Land & Estate Management Information System ITT Page 204
A7.5 Record keeping
R01 – Request for property information
Business Function Service
Property Terrier This service is intended for those who wish to enquire whether a particular property is government-owned or not, and if it is whether
Management it can be leased. This service is supplied both to external (third parties enquiring about the status of specific property – govt-
owned? leased? available for lease/sale?) and internal clients (internal GPD staff enquiring about property status as part of the daily
decision-making process).
R02 – Request for document/plan copies
Business Function Service
Property Terrier This service is intended to provide clients with copies of property plans and other documents such as lease agreements. A fee is
Management charged for each copy.
R03 – Property Number Registration
Business Function Service
Property Terrier Relates to GPD’s internal process whereby property is given a coded registration number that may vary according to the title under
Management which it is held by Government (freehold, leasehold, expropriation) and also according to the type of disposal made of such property
(granted on lease as an urban tenement, agricultural, perpetual lease, encroachment etc.). To the extent that there are variations
between the extent of the property parcel as originating in favour of Government (e.g. via a compulsory acquisition) and the extent
as subsequently allocated (e.g. residual site from an acquisition that is granted under an agricultural lease) the property parcel may
have a dual registration (e.g. an Acquisition Registration Number to track the acquisition process and a Tenement Registration
Number to track the subsequent lease). Overlaps are identified via superimposition of relative plans. In any case the Property
Number serves as a primary source of identification for the property in question and is replicated on the graphical map of the
property, enabling the further examination of map-based queries.
GPD Land & Estate Management Information System ITT Page 205
R04 – Property Dismemberment / Amalgamation
Business Function Service Output
Estate Management EMDT vets request on the system and inspect site. Inspection Status Report is entered into the Inspection Status Report
Disposal Team system, and Property Drawing is generated. Property Drawing
Update Property details in system.
Calculate pro-rata ground rent / rent.
R05 – Request for the reservation of Government property for specific projects
Business Function Service
GPD Relates to the earmarking of Government property for near-future projects. Request may originate from other Government
Departments (e.g. afforestation projects) or may otherwise be a Business Development initiative by the GPD. Under this procedure
affected property is flagged to prohibit any disposals that could prejudice the project.
R06 – Request for rights over property (by way of lease/sale/encroachment/temporary use/servitude etc.)
Business Function Service
GPD Relates to GPD’s ability to determine the existence of any pending applications for rights over property. Currently GPD tracks such
applications by opening a new file for each application, and using the file numbering sequence to determine the applications related
to a property.
GPD Land & Estate Management Information System ITT Page 206
R07 – Reconciliation of ex-Church property lists
Business Function Service
GPD Relates to the GPD’s role to reconcile the properties transferred to the Government by virtue of the Church/State Agreement of 1991
and as appearing on the various property lists attached as Annexes to the agreement. A property form for each property listed in
the annexes to the agreement is gradually submitted to GPD by the Church Authorities, together with other property contracts and
documents. This property form contains details regarding the property description, details of any leases/grants made to third parties
(e.g. yearly rent, payment frequency, date due etc.), the property value declared for the purposes of the Church/State agreement
(this value is calculated by capitalising the declared yearly income/rent at specified capitalisation rates that vary with the property
classification and is paid to the Church by way of interest-bearing tradable stocks), property classification (commercial premises,
residential premises or agricultural land - used as a basis for determining the capitalisation rates) etc. The property form details are
verified against the contractual and other documents and then cross-checked against the details appearing on the property lists
annexed to the Agreement – any adjustments are made on an apposite Correction Sheet by the GPD. A Control Committee, set up
jointly between Government and the Church, then confirms or corrects the form as appropriate. Any adjustments made will need to
be communicated back to the Church who has the right to make a counter-claim. A copy of all corrections and additions made to
the property lists has to be laid on the Table of the House of Representatives every three months. If the property value is changed,
then such change will need to be reflected by way of an adjustment in the total value of stocks issued to the Church, necessitating
tracking of related funds, interests accrued, adjustments etc.
Government is bound to use ex-Church property to promote the safeguarding of the environment and the development of
agriculture, and to meet the Country's most pressing social requirements, such as social housing and public utilities, as well as for
humanitarian, educational and cultural purposes.
GPD Land & Estate Management Information System ITT Page 207
A7.6 Property Registration
P01 – Register Property
Business Function Service Output
Property Terrier PMT vets request on the system. PMT draws parcel on Land Registry System and compiles Land Registry Form
Management Land Registry Form.
P02 – Raise Caution
Business Function Service Output
Property Terrier PMT vets Land Registry Applications and captures details of applications on Government Land Registry Caution Form
Management Property on the system. PMT investigates LR applications, case is sent for Manager’s approval.
Decision is noted in the system.
If case is approved, PMT compiles LR Map and LR Caution Form.
GPD Land & Estate Management Information System ITT Page 208
A7.7 Enforcement
E01 – Enforcement Inspections
Business Function Service
Enforcement Whenever an enforcement inspection is requested as part on another service or is required as per schedule or contractual requirement,
the inspectors are assigned to the particular inspection. The inspection details such as the property and contact details are obtained
from the system. The inspectors then inspect the property and file a report on the system. The report would include all the necessary
information to produce the property drawing and information about boundaries and dimensions as applicable. If a follow-up inspection is
found to be required this is scheduled on the system.
E02 – Payment of acquisition / recognition rent
E03 – Payment of burthens
E04 – Compensation for loss of rent
Business Function Service
Accounts Payments for: Compensation for loss of rent, burthen; Payment of Acquisition Rent / Recognition Rent / Cheque Printing are first
captured on the system. For each customer, government department or legal entity an account is opened and the relative payment
transition is posted, with a reference to the contract, request or property as applicable. Authority for payment is then sought through the
system as per financial regulation. For authorised payments the relevant payment voucher is then transmitted to the Treasury or a
cheque is printed as per policy relative to the amount due.
GPD Land & Estate Management Information System ITT Page 209
E05 – Invoicing of Rent / Dues
Business Function Service
Revenue An invoice (bill) can be raised on a periodic basis or ‘ad hoc’. Before rent invoices are issued the relevant rent accounts are updated and
Management debited with the relative new accruals. The accruals are generated by the system via user instruction on the basis of dues accruing in
any one period (in terms of tenancy conditions), for any particular locality, property type, lease type etc. The amount due is calculated in
terms of the payment mode (in advance/arrears), the payment frequency (quarterly, half-yearly etc.) and the yearly rent. Before the rent
accounts are actually updated a pre-update report is generated that is manually scanned for possible errors and on confirmation
regenerated in terms of an actual update accompanied by the related detailed report showing what has been updated and how. Each
update within an account bears a computer generated transaction number that subsequently serves as the invoice number.
Once the rent accounts are updated, a pre-invoice report is generated by the system via user instruction on the basis of such selective
criteria as locality, amount due (range), date on which the amount accrues as per tenancy conditions (range), amount due, property type,
lease type etc. The pre-invoicing report is checked for errors and then re-run as true thereby printing (single or in batch) the actual
invoices to be mailed to clients. The invoice number is identical to the update number as appearing in the rent account.
Account periodic invoices such as rent invoices or part payments are scheduled as per contractual obligations and conditions. Invoices
are then authorised as per financial regulations through the system. The authorised invoices are then printed and the relative account is
updated with the relative transaction number reference. The invoices would include VAT and other tax details when applicable.
E06 – Calculation of Retrospective Rent
Business Function Service
Revenue Retrospective rent invoices are raised in the same way as other invoices except that the rent has to be calculated as a one-time invoice.
Management Invoices are then authorised as per financial regulations through the system. The authorised invoices are then printed and the relative
account is updated with the relative transaction number reference.
E07 – Rent Account Adjustments
Business Function Service
Revenue Authorised adjustments are captured as normal accounting transactions cross-referenced to notes or documents indicating reason and
Management authority of the adjustment.
GPD Land & Estate Management Information System ITT Page 210
E08 – Rent/Dues Payment Receipts
Business Function Service
Revenue Receipts are captured as transitions against a specific account or a general account, receipts are printed as proof of payment.
Management Reference to receipt number is recorded.
E09 – Rent Payment at Local Councils
Business Function Service
Revenue As E08.
Management
E10 – Rent Reminders
Business Function Service
Revenue Reminder invoices are issued on a periodic basis for amounts due that have not been paid as per credit terms. These invoices would
Management indicate that they are ‘overdue’ and include legal action warning text as well. The system will keep track of all the invoices issued as a
correspondence history. Well overdue account amounts are then flagged to legal action, authority for such action is sought and the legal
action is initiated.
E11 – Interest on Late Payments
Business Function Service
Revenue Interest payments are calculated on outstanding amounts for accounts that are flagged for such calculations. The interest amount is
Management added to the total amount as a transaction on the account. These are then issued in the next invoice with the appropriate description.
E12 – Instalment Arrangements
Business Function Service
Revenue Payment by instalments may be possible as per contract or re-scheduling of outstanding amounts. A schedule of payments is drawn up
Management and agreed with the client. This is recorded on the system and checked on the due date of each part payment.
GPD Land & Estate Management Information System ITT Page 211
E13 – Legal Proceedings
Business Function Service
Revenue Clients with accounts that are in default and which have be initiated for legal proceedings are informed through the official legal
Management procedure. A legal letter is sent to the client and a copy is retained on the system. This is a ‘special’ invoice reminder and in addition the
legal fees are recorded as transactions to the account with the appropriate reference and description.
E14 – One Time Payment
Business Function Service
Revenue Requests that generate one time payments are checked the information in the system such as the diary and then are authorised. The
Management relative payment is then receipted and a permit is issued when applicable, giving details of the property and a description of the rights
granted.
E15 – Refunds of Overpaid Amounts
Business Function Service
Revenue Request for refunds that are approved are accounted for on the appropriate specific account and then a payment voucher is generated
Management and passed on electronically to the Departmental Account System for subsequent cheque printing from the Treasury Department.
E16 – Diary Tracking of Events
Business Function Service
GPD The user may save on the system date triggered events. This will allow the system to remind the user to take an action say an
inspection or a follow-up on some request.
GPD Land & Estate Management Information System ITT Page 212
E17 – Rent revisions
Business Function Service
GPD GPD leases/emphyteutical grants often make provision for rent revisions either on pre-agreed fixed amount basis, on a percentage
amount or pro rata on the basis of the increase in the index of inflation. Typically index based revisions are based on the index for the
year of revision as compared to the index of the year of grant/last revision. However, as from 2002, in view that the index for a particular
year is only officially published the year after, contractual rent revisions are being based on the index of inflation as rolled-back by one
year, that is the indexes used are that for the year preceding the year of grant and that for the year preceding the year of revision. Some
weeks before a revision is due a notice is sent to the tenant informing him about it. The actual revision is subsequently also
communicated to the tenant.
E18 – Payment for ex-Church property transferred to the State
Business Function Service
GPD In compensation for the property transferred to it by the Church/Ecclesiastical Entities, the Government issues Local Registered Stock
and delivers to the Church bonds of the nominal value of one hundred Maltese liri and multiples thereof, free of duty on documents,
maturing after ten years, at a 7% annual rate of interest payable every six months, negotiable, and made out in the name of the
ecclesiastical entities transferring the property.
The annual rate of interest of such bonds shall be revised upon the lapse of every period of two years, starting from the date of emission
of the same bonds, in such a way as to maintain it at one percentage point lower than the normal maximum lending rate of interest
allowed by law, provided it does not fall below 7%.
On the date of maturity, the same bonds shall be redeemed by the Government at a premium of 10% over their nominal value. The
bonds may be freely sold to the public with the prior authorization of the Maltese Episcopal Conference, up to a total nominal value of not
more than five million Maltese liri per annum. Beyond this amount, these bonds may be transferred only with the authorization of the
Ministry of Finance.
GPD Land & Estate Management Information System ITT Page 213
E19 – Payment/Refund of deficient/excess funds transferred to the Church
Business Function Service
GPD On completion of the procedures required for the transfer of all the property to the State, any difference that might result between the
total nominal value of the bonds issued to the Church and the value of the property actually transferred to the State is to be made good
(including interest from the effective date of the Church/State agreement) by the respective party. Any sums due by Government shall
be paid by means of bonds as per E18.
E20 – Payment to the Church of excess sums realised on the sale by Government of ex-Church property.
Business Function Service
GPD For a period of 30 years from the effective date of the Church/State agreement, Government is bound to pay back to the Church (via
bonds issued in favour of the Foundation for Church Schools) the excess amount realised in the eventual sale of ex-Church property.
The excess value is calculated by deducting from the sum realised on the sale the declared property value (as appearing in the
agreement or as subsequently adjusted) as adjusted for inflation and as further increased by 30% - i.e. [Sale Value – (Declared/Adjusted
Value x 1.3 x Increase in Inflation)].
The GPD (Land Department) is bound to provide, by the 31 March of each year, the Maltese Episcopal Conference with a list of the
transfer of ex-church property to third parties made during the preceding year. Any amounts due to the Foundation for Church Schools
are payable by the 30 June.
GPD Land & Estate Management Information System ITT Page 214
GPD Land & Estate Management Information System ITT Page 215
Appendix 8 – GPD Land Acquisition
A8.1 Introduction
‘Land Acquisition’ is one of the major functions of the GPD and involves all those processes through
which private immovable property is compulsorily acquired in ownership by government under the
specific provisions of the Land Acquisition Ordinance.
It is normal that, when government undertakes infrastructural and other projects, private immovable
property may be effected. The Land Acquisition Ordinance was enacted so as to ensure that in these
and other similar cases, projects are not forestalled because of ownership problems. The law
specifically empowers the Commissioner of Land (Director, Land Department) to forcefully acquire
immovable property for ‘public purposes’, and lays down the procedures to be adopted in connection
with the acquisition of immovable property for public purposes and also what redress is available to
effected parties. The Ordinance also empowers government to declare land to be subject to clearance
rights or subsoil rights. The former restricts an owner’s ability to erect structures on land situated
within, for example, radar paths and the latter empowers government to, for instance, pass pipelines
under private land. In 2002 a number of amendments were made to the LAO that were intended to
smoothen the acquisition process and sort out a number of operational issues particularly those related
to the date when Government actually obtains ownership of the property.
Given the vast infrastructural developments of the last thirty years, it is understandable that a large
number of properties have been acquired by government from private individuals. Due to the
complicated nature of acquisition cases and the continual inadequacy of resources, the GPD has never
been able to finalise acquisition proceedings (pay compensation) at the same rate as that at which
private property is physically taken over by government. The result is a huge number of pending cases
that increase in complexity with the passage of time thus creating a spiral effect that if remaining
unchecked, could blow government’s acquisition debt out of all proportions. The book value of such
debt is presently shown at around Lm20 million, but this is based on land value estimates as at the date
of acquisition. This value makes no consideration for market re-valuations of acquired property or of
damages (at 5% yearly) payable on such amounts. It also does not include the cost of substantial
areas that have never been valued.
As part of the strategy to address this problem the GPD is proposing to computerise the acquisition
processing system through the LEMIS. Given that the 2002 LAO amendments introduced procedures
that differ substantially from those obtaining hitherto, LEMIS will need to have the capability to track
both land acquisition cases initiated before the amendments as well as those initiated after the
amendments.
A8.2 General Provisions of the Land Acquisition Ordinance (LAO)
The LAO provides that the President of Malta may declare, through an apposite
declaration/proclamation published in the Government Gazette, land to be:
i) Required for a public purpose, and/or
ii) Subject to clearance or subsoil rights.
GPD Land & Estate Management Information System ITT Page 216
Land may be acquired for any public purpose, either
i) by absolute purchase in which case the market value of the property calculated in terms of the
LAO is paid to the owners – under the 2002 amendments to LAO, relative property becomes owned
by the Government on the date of the President’s Declaration; or
ii) on possession and use terms (for a stated time or as long as the public interest requires it) in
which case a yearly acquisition rent is paid to the owners; or
iii) on public tenure (a kind of perpetual emphyteusis in favour of government) - a yearly recognition
rent is paid to the owners in perpetuity.
The President’s Declaration provides a description of the property and includes reference to a GPD
plan showing its extent and whereabouts. The Declaration is published in the Government Gazette, in
two local newspapers and also on the notice board of the relative Local Council. Following the
President’s Declaration, government may, after the expiry of specified time periods, (and, in the case of
residential premises, subject to the provision of adequate alternative accommodation – normally in the
form of a lease), enter upon property in question.
Land acquired on possession and use terms may, by application to the Land Arbitration Board (LAB)
but after the expiration of ten years, be converted into a public tenure – the annual acquisition rent is
converted into a recognition rent by being multiplied by 1.4. It is departmental policy to automatically
make such conversions when the ‘owner’ makes a request for it with the department. Under the 2002
LAO amendments Government may purchase the relative property by capitalising the acquisition rent
by 1%.
Where land is held on public tenure, government may, ‘redeem’ the recognition rent payable thus
acquiring full ownership. ‘Redemption’ is presently made by capitalising the rent payable by 1.4% (as
altered via the 2002 LAO amendments).
Prior to the 2002 LAO amendments the compensation GPD (on behalf of Government) would be willing
to pay for the expropriated property would be communicated to the owners by means of a judicial act
(known as the ’Notice to Treat’) filed at the LAB, together with a ‘valuation report’ indicating this
compensation. A contract of purchase would subsequently be entered with the owners. Under the
2002 amendments the compensation amount and the valuation report are part of the President’s
Declaration. Moreover the President’s Declaration has the effect of conferring ownership to
Government with the owners’ retaining their right for compensation.
The compensation offered by government (whether acquisition/recognition rent or purchase price) can,
within specified time-limits, be challenged. In this case the institution of a case in front of the LAB is
required for the establishment of the fair compensation due. The LAO also establishes specific
parameters to be considered in establishing the value of a property (e.g. how to distinguish between a
building site and an agricultural site) and also lays down certain limitations on government such as that
relating to the obligatory acquisition by government of any residual sites. The value of the land is the
market value as obtainable (a) on the date the President’s Declaration is issued if the case was initiated
after the 2002 LAO amendments and, (b) on the day the ‘notice to treat’ is served for cases preceding
the 2002 amendments (if such notice had in fact been issued).
Under the 2002 LAO amendments, where the land is to be acquired by absolute purchase, the GPD
must, within 15 days of the President’s Declaration, deposit in an interest bearing bank account, a sum
equal to the amount of compensation offered. The GPD shall allow the intended beneficiary to
withdraw such amount upon satisfactory provision of ownership evidence. GPD must communicate its
GPD Land & Estate Management Information System ITT Page 217
acceptance of such evidence by means of a judicial act. The fact that such sum is withdrawn from the
bank account does not prejudice beneficiary’s right to contest the amount in front of the LAB.
Where the property is being acquired by outright purchase, simple interest shall accrue daily on the
amount of compensation at a rate of 5% yearly. The interest is payable from the date of the Declaration
by the President and continues to accrue until it is paid or deposited in a bank. Once the amount is
deposited in a bank account the rate of interest is that normally paid by the bank. However, should a
higher amount of compensation be subsequently established, the rate of interest on the difference shall
be 5% from the date of President’s Declaration to date of payment.
In the case of cultivated land additional compensation must be paid for any ‘recent’ agricultural
improvements made (in the last eight years) and also for loss of crops (four years’ worth of crops). This
compensation is paid only to the tenant of such land and is therefore not paid where the cultivator is the
owner.
Where a property is taken over under possession and use terms or else held under public tenure, the
acquisition or recognition rent payable to the ‘owners’ is determined by the LAB according to pre-
specified criteria laid down in the LAO. On the other hand where only a part of a building is taken under
possession and use then the rent payable is established by the Rent Regulation Board.
Where a property is declared as being subject to clearance or subsoil rights then no developments can
be undertaken without the prior permission of the department.
In a general way the LAO is quite detailed as to what procedures are to be followed and under what
circumstances.
A8.3 GPD Process
An expropriation proceeding is usually initiated by other government departments who would require
property in connection with some project (e.g. a road formation project by the Roads Directorate within
the Malta Transport Authority). Requests for property expropriation must be endorsed by the Minister
responsible for the sponsoring department. Plans submitted are checked on site by the department’s
technical officers (Estate Management Acquisition Team) who also establish (through site investigation)
apparent owners, apportion the site being acquired into building or agricultural site, and gather other
useful information such as vicinity to existing building zones. The relative plans are also redrawn to
departmental standards. This information is then passed to a designated architect in private practice on
piecemeal contract with the GPD, who prepares a valuation report on the property to be acquired,
distinguishing between the various sites in terms of apparent ownership. (Prior to the 2002 LAO
amendments a simpler descriptive report - that just provides a brief description of the property -) would
be prepared in urgent cases). The present practice is that an acquisition is not processed any further
before the department originating the request provides the necessary funds to cover the assessed
value.
As soon as plans are prepared by the Estate Management Acquisition Team the intended acquisition is
given a registration number (acquisition number) by the Property Terrier Section who also opens an
Acquisition Records Folder that bears this number. This folder is used for keeping the original copies of
acquisition related documents such as the President’s Declaration, valuation reports, etc. The
Acquisition number is also used in conjunction with the graphical registration of the property to be
expropriated on the department’s survey sheets. LEMIS should provide the capability to electronically
GPD Land & Estate Management Information System ITT Page 218
capture the records (documents, plans) and processes (e.g. stage of the process) involved in the
acquisition process – including the GIS representation of such property.
At this stage the matter is taken up by the Expropriation Section that carries out all work connected with
the publication of the President’s Declaration (including submission of minutes to the President and
publication in the Government Gazette and newspapers). The Expropriation Section then ensures that
within 15 days of the President’s Declaration the compensation amount is deposited together with
interest at 5% from the date of the President’s Declaration to the date of deposit in a bank account.
The section would subsequently correspond with owners regarding ownership evidence. On
verification of such evidence the section informs the owners that the evidence is acceptable and that
the deposited amounts may be withdrawn.
In the meantime the Expropriation Section would establish the date of taking over by government and
also, with the assistance of the Department of Agriculture, the compensation due for loss of crops. For
the purpose of loss of crops assessment a copy of the President’s Declaration is sent to the
Department of Agriculture as soon as this is published. Loss of crops compensation is subsequently
paid to beneficiary – where the amount due exceeds Lm200 a public deed is entered into to give full
formality to the payment of compensation and acceptance thereof by the creditor.
In cases where a property is acquired on possession and use terms (or on public tenure), the matter is
referred to the Accounts Section, who maintain a respective manual account of the
acquisition/recognition rent payments. The Records Section also keeps a track record by keeping a
copy of deeds and making apposite notations in the Acquisitions Folder.
A more detailed description of the operational processes involved in the various types of land
acquisition is given in Appendix 7 of the LEMIS ITT.
A8.4 Complexities
A number of factors render the land acquisition process quite complicated, the most important of which
are:
i) A particular area to be expropriated may involve different types of land including building sites,
rural areas and structures. Accurate site measurements are required to determine the extent of
each type since each is valued differently.
ii) An expropriation area may involve a number of sites/plots belonging to different individuals. This
complicates matters by the very fact that it may involve tens of owners to be established. If one
just imagines the almost complete absence of property ownership records in Malta, the
complexities involved will be apparent.
iii) A particular site/plot may itself belong to a number of persons indivisibly.
iv) A particular plot may have different levels of ownership involved. The original owner may have
granted the plot on emphyteusis to a second party who may in turn have granted it on lease. Thus
the original owner has rights as the ‘directum dominium’, the second party has rights as the ‘utile
dominium’, whilst the third party may have rights for compensation for loss of crops or for
agricultural improvements. Matters could get even more complicated since there may be various
levels of ‘sub-directum dominium’ owners.
v) A particular ‘owner’ may not have clear proof of ownership.
vi) Ownership may be in dispute between a number of persons.
GPD Land & Estate Management Information System ITT Page 219
vii) The expected compensation may be so low that ‘owners’ are not bothered to get forward proof of
ownership.
viii) The passage of time proves a major handicap since across time ‘owners’ may die, and the heirs
will again have to proof their title. The number of possible owners then makes the whole process
cumbersome and complicated.
ix) Ownership may be transferred ‘inter vivos’ during the acquisition process.
x) Owners may contest, before the LAB, the compensation offered. This opens up complicated
judicial procedures.
xi) Different parts of a particular site could be acquired under different terms, e.g. a part on absolute
purchase and another on ‘possession and use’ terms.
xii) The terms of expropriation may be changed from one of ‘possession and use’ to outright
purchase. In this case the process will have to be restarted.
xiii) Owners themselves may delay providing proof of title to the land, precisely because they know
that in doing so the notice to treat cannot be issued and they would thus benefit from ever
increasing property market values.
xiv) The land required may already be government-owned but is held on lease by third parties. In this
case lengthy lease-termination proceedings are required.
A8.5 The Scope Of Computerising
The complexities indicated above are a direct consequence of the legal intricacies of the Land
Acquisition Ordinance in particular and property ownership laws in general. There is much scope for
the LEMIS project to satisfy various improvement possibilities and thereby enhance the GPD’s
effectiveness in relation to the acquisitions problem. In this regard LEMIS is envisaged as involving:
i) A Comprehensive Acquisitions Inventory. The history of expropriation cases is presently spread
out in departmental files, such that the exact number of cases awaiting compensation is not known.
Computerisation will provide a readily available inventory.
ii) Status-Tracking/Prioritisation Capabilities. The present system forbids any sort of coherent and
planned solution to pending cases. LEMIS should provide the tools to develop a congruous and
integrated project plan to tackle outstanding cases. Levels of priority could be established
according to pre-specified criteria. For instance it would allow easy identification of those areas
that qualify as building sites. These could then be given priority in view of the ever increasing
market values that government would otherwise have to pay for them.
iii) Enhanced Information Retrieval Capabilities. Due to the complicated nature of the whole process,
information is today very hard to gather; in some cases even impossible. Provided that LEMIS is
developed as a comprehensive system, most information could be collected at short notice.
iv) Greater Information Spread. Information would, through network infrastructure, be available on line
and contemporaneously to different individuals.
v) Reduced File Handling. Process turnaround time would thus be reduced and efficiency increased.
vi) Better Acquisition-Debt Accounting. Presently, only the department’s original valuation for an
acquisition is kept within the apposite Acquisition Account Book. No accounting of the continually
accruing damages (at a yearly 5% of the principal amount) is kept. Computerisation will allow for
GPD Land & Estate Management Information System ITT Page 220
such accounting thus providing a better (though not absolutely correct, because market re-
valuations cannot be accounted) picture of the department’s debt state.
vii) Computerised Recognition/Acquisition Rent Accounts. In this regard, rent payable and the
recording of the periodical payments made are still manually kept (although the cheque payments
themselves are computerised). This has obvious repercussions that can be avoided with LEMIS.
viii) Process Re-engineering. The LEMIS should provide the opportunity to tackle process issues and
to identify any possible re-engineering exercises.
GPD Land & Estate Management Information System ITT Page 221
Appendix 9 – GPD Manual File System
A9.1 File Organisation
To a great extent the organisation of files at the GPD is similar to that in other departments in that it is
mainly based on the "Manual On Registry Services" prepared by the Efficiency Development Unit,
Establishments Division, Office of the Prime Minister way back in the late 60's. In short:
a) File Jackets – papers relating to a particular subject are grouped and kept in a file jacket which
shows on the front cover certain basic details such as File Number, Subject and Movement. File
jackets do not distinguish between file categories.
b) Split Filing – papers within files are arranged on the "split filing" system. On the left hand side of
the file are kept the minute sheets which are used for internal communications and listing of
correspondence. Incoming and outgoing correspondence is placed on the right hand side of the
file.
c) File Number – this is split into five parts e.g. L/128/1994/II/100 – (maximum characters for each
part respectively being 3/3/4/5/3 – where this is exceeded file tracking with the Document Registry
System is not possible and is carried out using a manual card index system). The first part is
usually a letter code that may reflect the departmental or some other specific use for the file. The
second part of the file structure is the file number and this is simply a consecutive number showing
the different subject files opened in the year. The third part of the file number refers to the year in
which the file was created (although any part files created subsequently retain the year of origin).
The fourth part is the volume number represented in Roman numerals, with subsequent volumes
opened as the file gets thicker. The fifth part refers to the part files relating to the same main
subject and contains numeric characters (if alphanumeric characters are required manual tracking
will have to be resorted to). There is one category of files in which the above file numbering system
is not used. This is the case of files concerning Home Ownership Scheme plots granted on
perpetual emphyteusis by the Housing Authority. In this case the file number is the same as the
property registration number (Tenement number) originated by the department and consists of a 6
digit number prefixed by the letter X.
d) Document Registry System – this is a corporate computerised system to capture and track file
number, file description and file location. Where the structure at (c) above is not followed file
tracking is carried out via a manual card index system. A new corporate system has been
developed by Government that is more flexible in the type of file structures accepted. GPD has till
now only implemented this new system at the Joint Office.
e) "Bring Up" Files – files required at a later date are stored separately by day of the month order.
Every day files required for that day are sorted, movement marked, and then distributed to the
appropriate officers.
f) File Storage – the storing of files is organised along four main lines:
i. "Archived" – these are files which are stored off-site after being diagnosed as of practically
no further use to the department.
ii. "Put Away" – files that are not in use are placed "put away" and stored in an apposite area
of the file storage rooms. These files are stored in numerical order by year with no
distinction made as to file category except for files of Housing Authority Plots which are
stored separately in simple numerical order.
GPD Land & Estate Management Information System ITT Page 222
iii. "Bring Up" – files of this sort are stored in a separate area by day of the month order.
iv. Files In Use – these are 'stored' on the desk, or any other apposite area within the
actioning officer's office. When any such file is required it is retrieved by messenger and
then sent to the requiring officer after notation of movement by Registry.
A9.2 Quantity of Files
The total number of files existing at the GPD has been calculated as an impressive 85,000 apportioned
as follows:
Type Government Property-Related Ex-Church Property-Related
Archived 2,000 0
Put Away 59,000 14,000
Bring Up 9,500 5,000
In Use 14,500 12,000
Totals 85,000 31,000
The "Bring Up" and "In Use" files are actioned upon at the average replacement rate ( i.e. for every file
going out of the GPD’s offices another is coming in) of 500 per day.
A9.3 File Classifications
The file classifications that are immediately discernible are the following six:
a) Government Property Files – these are files which basically deal with the lease of different units
of government property. File numbers in this category are typically prefixed by the letter L.
b) Housing Authority Property Files – these are files relating to Housing Authority plots granted on
perpetual emphyteusis. Relative file numbers are typically prefixed by the letter X, except that
where an L file already existed this is retained.
c) Acquisition Files – these deal with the acquisition of property for public purposes. File numbers
typically prefixed by the letters l or LA.
d) Request Files – these concern requests made by third parties to the Land Department ranging
from simple requests for a fair permit to more complicated requests for accommodation, leases of
property, etc. File numbers prefixed also by the letter L.
e) Miscellaneous Files – these range from staff personal files to policy files, surrender files1,
insurance files, bank guarantee files, report files and all other cases which wouldn't readily fall
under any of the other four categories. File numbers prefixed by the letter L.
f) Joint Office Files – these are files created by the Joint Office to cater for the transfer of ex-Church
property to the Government of Malta in terms of the Church/State Agreement of 1991. These files
are recorded in computer system that is independent of the other GPD files. In practice this
category is very similar to the Government Property Files category. File numbers may be prefixed
1
These files concern the formal transfer to the Maltese government of property formerly held by the British
Military Services under the same title held by the latter. These files are non-active ones but are kept for
reference purposes.
GPD Land & Estate Management Information System ITT Page 223
with the letter/s JOP (denoting files dealing with ex-Church property – this code was used up to
1997 when it was decided that more categories be established as explained hereafter), A (denoting
agricultural land), P (denoting property granted on perpetual emphyteusis, T (denoting property
granted on temporary emphyteusis), R (denoting property granted on lease/rent), D (denoting files
dealing with deletion of properties from the list shown on Annex 8 to the Church/State Agreement –
i.e. properties that should not be transferred to the state), L (used to temporarily insert property
documentation and correspondence until the proper category can be identified – upon identification
file is re-registered with the proper category), X (used to denote properties that the Joint Office is to
register under the Land Registration Act in favour of specific Ecclesiastical Entities and are
therefore to be removed form the transfer list in Annex 8 of the Church/State Agreement – no new
files of this type will be opened as from 2003), JOG (denoting files used for general
correspondence and administrative matters).. The Joint Office does not create a unique
registration number for each property but rather utilises the file number relating to that property.
GPD however intends to allocate a registration number to each property in a similar fashion and
approach as adopted in relation to other Government property.
A9.4 File Contents
The contents of files varies between as well as within the different categories.
A9.4.1 Government Property
Some file contents under this category can be of the same nature under all the sub-categories listed
hereunder. These would be such things as general correspondence from tenants or third parties,
copies of departmental plans, minutes involving case considerations, and legal action for the recovery
of rent arrears. Arrears recovery action contemplates claim letters, repayment agreements, judicial
letters, warrant of seizures, court notices, applications and court sentences.
a) Rural Property – File originates from a request for the lease of a piece of unregistered government
land that is eventually leased to the cultivator/s. Files may also originate following the splitting up of
one large stretch of land into several leases whereby the sitting tenants are given a formal title to the
land. Typical contents would be request-letters/application forms, declarations required from
cultivators, lease agreements, recognition requests, cession letters, recognition notices, etc. Files
created to cater for applications made under the Agricultural Land Scheme also fall under this category.
b) Perpetual Leases – Most of this type of files have been opened long ago in that it is no longer
government policy to grant perpetual emphyteutical grants except where existing tenants are
specifically entitled to one by law. Files may refer to plots of land or built-up property. Files usually
contain a copy of the emphyteutical deed, deeds of transfer, requests for recognition, recognition
notices, etc.
c) Residential Property – File originates following the registration of the property as a government
tenement. Lease agreements are in this case drawn up by the Department of Social Housing. Typical
contents would include lease agreements, recognition requests and notices, rent revision notices,
request for repairs or alterations, etc.
d) Non-Residential Property – This includes garages, stores and boathouses. Contents would more
or less be similar to files for residential property except that lease agreements are drawn up by Lands
following a call for tenders. Other differences include lease terminations following illegal sub-lettings.
GPD Land & Estate Management Information System ITT Page 224
e) Commercial Property – Includes shops and other business premises. Contents are very similar to
those under Non-Residential Property files. The main difference is that under this category property
may be transferred by tenants to third parties by the goodwill procedure. Under this category cases
tend to get complicated in view of illegal subleases, rent increases imposed following change of use,
and requests for extended lease extensions. Lease terms may also vary considerably giving rise to
different processes and varied file contents.
f) Government Departments – This is not actually a sub-category in that property is initially of type c),
d), or e) but then given by direct allocation to a government department.
g) Encroachments – These files may or may not refer to registered (within GPD’s property registration
list) property. They mainly consist of permits to third parties to occupy government property on
encroachment conditions for a definite or indefinite period. Typical examples would be permits for the
placing of tables on public property (definite), tombolas, fairs (indefinite), etc. Contents would include
original request for permit, clearances from other government bodies, the permit itself and follow up
correspondence.
A9.4.2 Housing Authority Plots
Typical contents would be a copy of the preliminary agreement whereby the plot is granted to third
parties by the Housing. Authority, ground rent revision notices and emphyteutical deeds.
A9.4.3 Acquisition Files
Files usually originate following a request made by a government body, normally the Works Dept. for
the expropriation of private property for public purposes. Files under this category literally mushroom
as soon as one starts to establish the different property owners – the land affected is split into separate
plots according to each different owner and a file for each plot is opened as a part file to the main
acquisition file. Contents include the expropriation request, researches on the apparent owners,
valuations of the property and also of any compensation that may be due for loss of crops, letters to the
originating department to confirm date of entry into the property, notices to treat issued to the owners,
deeds of transfer, release requests and release declarations.
A9.4.4 Requests Files
Files under this category originate from a request made to the department which can be very varied in
nature. Unless a request is turned down, these kind of files usually end up under (a), (d), (e) or (g)
mentioned above. Contents include request letters, clearances from other departments, etc.
A9.4.5 Miscellaneous Files
Due to the very nature of this category of files it is very difficult to provide a description of the typical
contents of files. They would include however request letters, information requests, referrals to other
departments, etc. (No sample file enclosed).
GPD Land & Estate Management Information System ITT Page 225
A9.4.6 Joint Office Files
Files typically originate following the initiation of the property transfer process between the Church and
the Government via the submission of a property form and accompanying documents by the Church
Authorities. Apart from other verification papers the content of these files would be very similar to those
under the Government Property, Requests and Miscellaneous categories.
A9.5 Backup Facility
A9.5.1 Government Property Files
The Property Investigations & Records Branch of the GPD’s Estate Management Department is,
amongst other things, responsible for the safekeeping of hard copies of the most important
departmental records. In the case of leased government properties this section keeps, in apposite
folders, the original copy of lease agreements as well as a copy of all lease recognition letters thereby
ensuring that in the event of an accidental loss of a property file, another one can be build up with the
most essential details regarding the tenancy. These details are also supported by computerised
records of leases, property descriptions, and rent payments. Original copies of property drawings plus
survey sheets showing government property, leased tenements, and ex-Services properties are kept at
Drawing Office Records.
A9.5.2 Housing Authority Property Files
Since these files concern property belonging to the Housing Authority the only copies of documents
held at the department are those found in the files. In the event of loss basic file contents can be
rebuild from Housing Authority records.
A9.5.3 Acquisition Files
In addition to the documents mentioned in relation to Government Property files, the Property
Investigation & Records Section also keeps a copy of official evaluation reports, including plans,
prepared for acquisition purposes, the original President's declaration, copies of the government
gazette notices whereby property is declared to be required for public purposes, copies of extracts from
deeds of transfer (original copies of public deeds are kept in the records of the respective notary).
A9.5.4 Requests & Miscellaneous Files
No backup copies of documents are kept.
A9.5.5 Joint Office Files
No backup copies of documents are kept, other than the information regarding properties and relative
tenancies contained in the Joint Office Database.
GPD Land & Estate Management Information System ITT Page 226
A9.6 Document Management/Workflow
It is evident that from all the file contents only the most essential documents, particularly those related
to property title, are backed up by copies or originals held at the Records section. Other important
documents are only to be found in the respective file. This comprises certain policy considerations and
decisions, legal and juridical analysis and conclusions, judicial letters, repayment agreements, and
other considerations and decisions made in file minutes.
GPD envisages that LEMIS should provide new opportunities for the management of documents via
their electronic capture and subsequent inclusion into the operational flow of the new information
system. Initially this is likely to take the form of scanned documents being accessible from the relative
property database but in the longer term a more comprehensive workflow system is envisaged to be
introduced that does away with the need to have a physical file move from one desk to the other for a
particular business process to be delivered. In this context the preferred LEMIS software being sought
is one that already incorporates such capabilities via modular functions that can be procured in stages.
GPD Land & Estate Management Information System ITT Page 227
Appendix 10 – GPD Property Information Resources
A10.1 Introduction
The provision of up to date records of all property is essential for good estate management. It is the
duty of the GPD to assemble and maintain all current records of Government immovable property that
may be necessary to create a complete inventory of
i) Property owned by the Government;
ii) Property acquired by Government under compulsory conditions in terms of the Land Acquisition
Ordinance;
iii) Property administered by the Government in trust by way of operation of law – e.g. property not
registered and with unknown owners under the Land Registration Act;
iv) Property let on lease (and on emphyteusis) for a variety of purposes;
v) Property held on lease from private parties (including those held under possession & use and
under public tenure in terms of the Land Acquisition Ordinance);
vi) Encroachments granted over Government property;
vii) Easements, servitudes and wayleaves granted or acquired.
These property records must provide enough information as to description, extent, title, values,
revenues or liabilities, rights or servitudes etc., so as to enable accurate identification of all Government
property. These property records must also provide complete cross-references and access to deeds,
plans and files where more detailed particulars are available.
A10.2 Property Records
The bulk of property information at GPD is divided between maps and manual files that are archived in
different locations within the building and in other departments. The number of files dealt with daily is
significant; on average 300 files are moved daily through the central registry alone. The oldest
documents date back to 1850 and the nature as well as the structure of the documents are such that
searching is a laborious process.
For the purpose of identifying property location, extent, title and recording the grant of leases etc., the
GPD maintains a number of recording systems including:
i) The Land Management System which is a computerised inventory of property that has at some
point been leased or granted on encroachment and incorporates property details, tenant details
and tenancy information that in combination enable the invoicing, collection and accounting of rent
due and paid. The system also stores property information in terms of apposite codes for property
classification, occupancy status, tenant account number, plan number, survey sheet number/s,
area, rent payment frequency and mode, lease type, stop rent indicator, permits etc.
ii) Property Identification Maps which are various sets of map collections that identify particular
types of properties as detailed in Tables A9.1 and A9.2.
GPD Land & Estate Management Information System ITT Page 228
iii) Property Folders that contain all property documents such as deed copies, lease agreements,
site and building plans and any correspondence that varies or affects the terms under which the
property is held. Where plans are too bulky to be inserted in the folder these are stored
separately. The folders are stored by the respective serial number. The aim of the folder is to
store original copies of documents as well as centralise essential information so as to avoid the
need for researches in old files. In the case of acquisition folders relative acquisition details are
also stored in the folder including valuation reports, apparent owners, apportionment plans that
apportion an acquired plot between its various owners, date of entry into the property etc.
iv) Correspondence Files in which all correspondence and internal communications regarding a
particular property or business process is maintained. There may be more than one file related to a
particular property to represent different processes (e.g. a file to track the lease, another to track
insurance etc.) and files may not necessarily relate to a property (e.g. miscellaneous
correspondence, policy files etc.). For a more detailed representation of the file systems in use by
GPD please see Appendix 9.
A10.3 Property Reference Numbers
In general, property owned, administered or leased by the GPD (other than ex-Church property
administered by the Joint Office) have a six digit reference consisting of the original number with a
prefix figure that identifies the class of tenement as follows. A property may have two different numbers
associated with it in relation to whether the number is recording the type and extent of Government
ownership or the type of disposal/letting under which the property has been granted. This means that a
property that is classified and registered as public open space under say number 10001 may
subsequently be split into a number of lettings each with its own new letting number. This obviously
entails the keeping of separate graphical records for the type and extent of ‘ownership’ holding than
those for the type and extent of lettings.
Unfortunately not all properties owned by the Government and administered by the GPD have been
provided with a reference number and the coding system shown in the table below has not always been
followed scrupulously. In essence this means that certain properties are only recorded via a graphical
presentation on the manual maps – these would mainly be properties that have never been leased and
therefore no link to the Land Management System is provided. In other cases property may have been
allocated a reference number but leased without an ad hoc plan. In such case property will be recorded
in the Land Management System but not necessarily on the survey sheet records.
With regard to ex-Church property no departmental registration number is used and properties are
referred to via the correspondence file dealing with the property, and further supported by the Church
reference number. It is GPD’s intention to provide a property registration number (tenement number) to
ex-Church property in like manner and fashion as with other Government property.
Under the new LEMIS system reference to this property registration number will need to be retained.
Property Owned Classification Serial Numbers (from)
Freehold Wasteland, foreshores and public open spaces (other 010001
than roads or squares)
GPD Land & Estate Management Information System ITT Page 229
Property in beneficial occupation – i.e. property 012001
considered to be Government-owned by way of being
inherited from the Knights of Malta or other reasons
Land acquired under compulsory terms (Land 013001
Acquisition Ordinance)
Land acquired under the U.K. Lands (Vesting) Act – ex- 016001
British Services property
Leasehold On perpetual emphyteusis 017001
On temporary emphyteusis 017501
On short lease 018001
Others Rights and easements acquired (e.g. pipelines etc.) that 029001
are not expressly to the benefit of one property. (Where
these relate to a particular property the rights/easement
is listed under that property)
Disposals Classification Serial Numbers (from)
Lettings Perpetual emphyteusis 040001
Rural tenements 050001
Rural leases of ex-Church property under the J00001
Agricultural Land Scheme
Rural leases of Government property under the E00001
Agricultural Land Scheme
Urban tenements (stores, shops, residences, 060001
boathouses etc.) 070001
Leases of ex-Church urban tenements J10001
New Leases of Government urban tenements (as from E10001
2003 in view of exhaustion of numbers in the 060001
and 070001 series)
Property held under various Foundations (with the third 080001
digit acting as respective code)
Property leased to Government Departments (the first G01001
two numerical digits are a code representing specific
Government Departments)
Housing Authority plots in Malta X00001
Housing Authority plots in Gozo X40001
Encroachments 090001
(Under this numbering regime a change in letting type
required a change in tenement number. With the
advent of the Land Management System and its lettings
type code such changes was no longer required so that
presently the tenement number does not necessarily
represent the current type of letting)
GPD Land & Estate Management Information System ITT Page 230
Permits Permits (e.g. for structural alterations, temporary Sequential number,
occupation etc.) that relate to a particular tenement are starting from 1 every
recorded against that tenement, unless it gives year plus the year e.g.
exclusive temporary occupation in which case it is to be 0001/2003.
treated as an encroachment.
Sales Sale of property that has hitherto been unlet – may or S00001
may not be registered as an ownership record.
(Where the sale relates to a property that is or has been
let this is recorded against that tenement)
A10.4 Maps & Plans
Maps form the main framework of the information at GPD. There are in fact various types of maps and
plans that are created and maintained to record all property types.
A10.4.1 Maps
All tenements of whatever classification are required to be indicated on one or more of different sets of
1/2500 Survey Sheets. Each tenement is identified by its reference number and colour-edged to show
the extent of land involved. There are six distinct collections of survey sheets each representing
different levels of information on government immovable property. The oldest of these is the Cabreo,
which dates back to the 1850s and is kept at the Ministry for Resources & Infrastructure (MRI).
Table A10.4.1 – Map Collections Malta
Collection Date No of Units of Scale Records Binding Updated
Sheets Measurement
Cabreo 1856 unknown Imperial --- Government Yes No
(MRI) Property
Royal 1900s 150 Imperial 1:2500 Government No No
Engineers land
Wastelands
Tenements
Ex-services
Sales
Foundations
Royal 1900s 150 Imperial 1:2500 Wastelands No Yes
Engineers
Royal 1968 154 Imperial 1:2500 Acquisitions 50 SS Yes
Survey Bound
119 SS
not
bound
GPD Land & Estate Management Information System ITT Page 231
Royal 1968 154 Imperial 1:2500 Ex-services Yes Yes
Survey Sales
Registered
Tenements
Wastelands
Royal 1968 154 Imperial 1:2500 Tenements Yes Yes
Survey
Mapping 1988 150 Metric 1:2500 Wastelands No Yes
Unit
Table A10.4.2 - Map Collections - Gozo
Collection Date No of Units of Scale Records Binding Updated
Sheets Measurement
(Site)
Cabreo 1856 unknown Imperial --- Government Yes No
(MRI) Property
--- (MRI) 1934 47 Imperial 1:2500 Tenements Yes No
Royal 1957 42 Imperial 1:2500 Acquisitions Yes No
Surveying
(MRI)
Royal 1957 42 Imperial 1:2500 Acquisitions Yes No
Surveying
(GPD)
Royal 1957 42 Imperial 1:2500 Tenements No Yes
Surveying Sales
(GPD)
Royal 1968 44 Imperial 1:2500 Tenements Yes Yes
Surveying
(Land Sec
Gozo)
With regard to ex-Church property transferred to the state plans may not exist for all properties. Land
parcels are indicated on 1/2500 scale maps reduced on an A3 size paper – but these are only
indicative of the extent with verification of actual extent required to be made by means of more detailed
plans that are filed in the manual file opened for each property.
All collections except the Cabreo, Gozo SS (1934), Gozo SS (1957) and Gozo SS (1968) are archived
at GPD. The Cabreo, which is the fundamental dataset to GPD, is housed at the Ministry for
Resources & Infrastructure (MRI) in Floriana. Most of the map collections are relatively well preserved
at the GPD in plastic folders and backing paper. It is well readable and preserves a lot of information,
which is still relevant to GPD operations.
A10.4.2 Master Plans
Areas of comprehensive development, (for example Housing/Industrial Estates and properties held
under Possession & Use), are edged on the 1/2500 Tenements or Acquisition Mapsets and reference
GPD Land & Estate Management Information System ITT Page 232
made to a separate and more detailed larger scale (1/500) plan, known as Master Plan. There are
about 970 such plans and are distributed as follows:
Size A5 A4 A3 A2 A1 A0 A0+
Amount 10 10 80 60 550 250 10
A10.4.3 Valletta Plans
Valletta plans are a set of records related to Government Property in Valletta. Valletta was split up in
140 block areas, each area representing a block of buildings. Each block has a corresponding folder
containing detailed plans and other documents.
A10.4.4 Land/Property Drawings
The Land/Property Drawing (PD) are the most detailed plans at GPD, very often showing the property
in large scale drawings. Typically these are used during the property disposal purpose to clear identify
what is being alienated. GPD does not have a PD for all properties it has leased but current
procedures dictate that no alienation is undertaken unless a PD is first drawn up. There are about
11000 individually numbered plans, however a PD may have other superseding PDs linked to it. PDs
are numbered in numeric sequential order by year of original production (e.g. PD 100/2002), but may
be split up even further following subdivision of the original land parcel (e.g. PD100/2002/1 to 5).
It is estimated that, in total, there are about 15900 PDs and are distributed as follows:
Size A5 A4 A3 A2 A1 A0 A0+
Amount 50 5200 5700 2700 1400 700 150
A10.4.5 Map/Plan Scanning
The GPD aims to electronically capture all sets of maps/plans both for purposes on enhancing map
security and reducing wear and tear and also for purposes of enabling simultaneous access of the
maps. Initially all map sets will be captured in raster format. Mapsets relating to Acquisitions,
Tenements and Wastelands will also be digitised and converted into vector format to enable GIS
manipulation and reporting, including dynamic linkage to the property database. The mapsets will then
be represented in different layers within a MapInfo-based GIS – overlays of the different map layers will
enable GPD to determine what property is available for disposal. In addition to the existing manual
mapsets new GIS map layers will need to be created to allow for special designation areas (e.g. areas
for future project developments such as afforestations, industrial estates etc.), for the demarcation of
ex-Church property and also for the identification of property requests (a maplayer to show land parcels
over which there are pending applications). The GIS capture of such mapsets is not envisaged as part
of this ITT but any LEMIS software that is purchased must have the capability of intelligent interaction
with these electronic maps.
GPD Land & Estate Management Information System ITT Page 233
Appendix 11 – GPD Legislative Framework
The following are laws and legal notices that directly affect the operations of the Government Property
Division. The legislation page of the GPD website (http://www.gpd.gov.mt) provides direct links with the
full text of such laws and legal notices.
1. Administration of Lands Act (Chapter 448)
Vests Government with absolute ownership of all immovable property belonging to Foundations
and hitherto held by Government only under administration capacity. This Act also amends the
Land Acquisition (Public Purposes) Ordinance making it possible for Government to obtain
immediate ownership of expropriated property via a President’s Declaration.
2. Agricultural Leases (Reletting) Act (Chapter 199)
Regulates the reletting of agricultural land and provides for matters connected therewith and
ancillary thereto. Section 21 of the Act empowers the Commissioner of Land (GPD) to terminate
an agricultural lease on the basis of a President’s Declaration that the land is required for a public
purpose.
3. Anglican Church (Property) Ordinance (Chapter 19)
Makes provisions concerning certain property destined for Divine Service according to the rites of
the Anglican Church. Section 2 vests the Anglican Church with ownership of the government land
over which the St. Paul's Anglican Cathedral in Valletta was built.
4. Civil Code (Chapter 16)
Provides for the regulation of general civil matters including those related to the acquisition and
transmittal of property rights. In terms of section 327 vacant (i.e. no known ownership) property
belongs to Government. Section 830 devolves to Government any vacant inheritance. Section
1576A enables Government to dissolve a contract of lease in the public interest. Under the
provisions of Section 2115(2) prescription for the ownership of property may not be set up against
Government-owned property.
5. Commissioner of Land Ordinance (Chapter 169)
This Ordinance establishes the post of Commissioner of Land and vests in such statutory position
representation for all matters related to government immovable property. Clause 2 of the act
enables the Chairman of the Malta Development Corporation to be vested with the rights and
powers in relation to certain immovable property that are otherwise vested in the Commissioner of
Land.
6. Cultural Heritage Act (Chapter 445)
Makes provision in place of the Antiquities (Protection) Act, for the superintendence, conservation
and management of cultural heritage in Malta. Section 48 of the Act makes provisions for the
granting of a guardianship deed to a local council or non-government organization for the purpose
of custody and administration of immovable cultural property.
7. Development Planning Act (Chapter 356)
Makes provision for the planning and management of development, for the establishment of the
Malta Environment & Planning Authority. Under the provisions of Section 38(2) of this act GPD
may not dispose of land, or promise the disposal of land, for a specified use unless such use has
been approved by the Authority or is allowed under a development plan or a subsidiary plan.
GPD Land & Estate Management Information System ITT Page 234
8. Development Notification Order (DNO) 2001 - LN126-2001
This order grants Development Permission to certain property development works that otherwise
would have required a Development Application with the Malta Environment & Planning Authority.
The permission granted is however subjected to certain parameters and to the need to notify
MEPA of such development. See also DNEO 2001.
9. Development Notification (Exemptions) Order (DNEO) 2001 - LN127-2001
This Order exempts certain property development works from the requirements of the DNO 2001.
10. Disentailment of Property (Extension to Fiefs) Act (Chapter 212)
Extends the provisions of the Entailed Property (Disentailment) Act to property held in fief.
11. Disposal of Government Land Act (Chapter 268)
Regulates the grant on any title of immovable property belonging to or administered by the
Government, and provides for matters ancillary thereto or connected therewith.
12. Ecclesiastical Entities (Properties) Act (Chapter 358)
Provides for the implementation of the Agreement signed on the 28th day of November, 1991,
between the Holy See and Malta relative to the transfer to the State of such immovable property in
Malta as is not required by the Catholic Church for pastoral purposes and for the determination of
certain issues pertaining to the relations between the Church and the State as regards matters of
patrimony. This Act also provides for the establishment of the Joint Office to administer the
properties transferred t the State.
13. Enemalta Act (Chapter 272)
Provides for the establishment of the Enemalta Corporation (EC). Section 25 provides for the
transfer to the EC of the ownership of certain immovable property previously belonging to and
operated by the Government for the supply of petroleum.
14. Enemy Property Act (Chapter 179)
Makes provision as respects income from moneys invested by the Custodian of enemy property.
Article 7 of the act makes provision for the registration under the Land Registration Act, with effect
from 1/1/2003 and in favour of the Government, of certain immovable property as listed in the
schedule to the act.
15. Entailed Property (Disentailment) Act (Chapter 130)
Provides for the disentailment of property (immovable or otherwise) held in tail and revokes all
fideicommissa of whatsoever nature on property.
16. Housing Authority Act (Chapter 261)
Provides for the establishment of the Housing Authority (HA) and for the exercise by or on behalf of
the HA of functions relating to housing, residential and commercial accommodation and related
facilities and amenities. Section 4(3)(b) provides that in the administration of its immovable
property, other than the allocation thereof under any title, the Authority shall act through the agency
of the Land Department in respect of immovable property situated in the Island of Malta. Section
12 provides for the transfer of Government immovable property to the HA via an order by the
President of Malta published in the government gazette.
17. Housing Authority (Transfer of Assets) Order (Subsidiary Legislation 261)
This is a subsidiary legislation that is issued at the end of each year for the purposes of
consolidating the various Legal Notices issued during that particular year for the purpose of
GPD Land & Estate Management Information System ITT Page 235
transferring Government-owned immovable property to the Housing Authority so that the Authority
may subsequently sell such property under its Home Ownership Schemes.
18. Housing (Decontrol) Ordinance (Chapter 158)
Provides for the decontrol and registration of certain dwelling houses, and for matters connected
therewith. Section 11(2) particularly relevant to GPD in that it provides the lessor of a non-
decontrolled dwelling-house with the right to free himself from the obligation to carry out repairs in
the said house by means of an outright sale of the house in favour of the Government.
19. Land Acquisition (Public Purposes) Ordinance (Chapter 88)
Provides for the compulsory acquisition of private property that may be required for a public
purpose.
20. Land (Compulsory Eviction) Act (Chapter 228)
Makes provision for the compulsory eviction from land and tenements owned or administered by
Government or held by Government under any other title.
21. Land Registration Act (Chapter 296)
Establishes a Land Registry to regulate the registration of title to land, and to make provision for
matters incidental thereto or connected therewith. This act is particularly relevant to the GPD in
that the first mover of a registration under the act obtains a comparative advantage in relation to
other contenders for the same property, including the GPD. This means that GPD must check
each application made with the Land registry for property registration to enable it to raise the
statutory cautions where it appears that government-owned immovable property is being usurped.
Section 16A of the act is also relevant to GPD in that it provides for the registration of property with
unknown owners and for the administration of such property by the Commissioner of Land. This
clause also provides for the registration of such property with guaranteed title in favour of
Government following the lapse of 30 years but subject to certain conditions.
22. Lotteries and Other Games Act (Chapter 438)
Makes provision for the setting up of a Lotteries and Gaming Authority (LGA). Part XI of this act
provides for the transfer to the LGA of the ownership of certain immovable property previously
belonging to the Government.
23. Malta Communications Authority (Chapter 418)
Provides for the establishment of the Malta Communications Authority (MCA). Part V of this act
provides for the transfer to the MCA of the ownership of certain immovable property previously
belonging to the Government.
24. Malta Council for Culture and the Arts (Chapter 444)
Provides for the establishment of a Council to be known as the Malta Council for Culture and the
Arts (MCCA) to encourage and promote culture. Part V of this act provides for the transfer to the
MCCA of the ownership of certain immovable property previously belonging to the Government.
25. Malta Dockyard Act (Chapter 207)
Provides for the transfer of the shares in Bailey (Malta) Limited to the Government of Malta; makes
provision for the establishment of the Malta Drydocks Corporation (MDDC) and provides for the
transfer of certain assets to that corporation. Section 17(1) of the act provides for the transfer to
MDDC of certain interests included the lease of various properties including the dockyard lease,
the Ricasoli grant and other government-owned properties.
GPD Land & Estate Management Information System ITT Page 236
26. Malta Dockyard Emergency Ordinance (Chapter 157)
Makes provisions for the transfer by way of lease expiring on the 29th day of March, 2058, of
certain lands and other assets comprising part of the Admiralty Dockyard in Malta, for matters
arising out of the said transfer, and for the reversion of the land so transferred to the Government
of Malta on the 30th day of March, 2058.
27. Malta Freeports Act (Chapter 334)
Provides for the establishment of the Malta Freeport Authority (MFA) and also for the
establishment of freeport areas. Part II of the Act provides for the transfer to the MFA of the
ownership of immovable property within freeport areas and that previously belonged to the
Government.
28. Malta Maritime Authority Act (Chapter 352)
Provides for the establishment of the Malta Maritime Authority (MMA). Part III of this act (i.e.
Sections 21 to 23) provides for the transfer to the MMA of the ownership of certain immovable
property previously belonging to the Government. Section 21 (2) limits the transfer of such
immovable assets as wharves, quays, piers and jetties to matters relating to their use,
administration and operation including any benefit deriving from such use, administration and
operation.
29. Malta Statistics Authority Act (Chapter 422)
Provides for the establishment of the Malta Statistics Authority (MSA). Part V of this act provides
for the transfer to the MSA of the ownership of certain immovable property previously belonging to
the Government.
30. Malta Transport Authority Act (Chapter 332)
Provides for the establishment of the Malta Transport Authority (MTA). In terms of Section 4(1)b,
one of the functions of the MTA, is to administer roads – which in terms of the act includes not just
the carriageway but also any border, public open space, roundabouts, subways, trenches etc. This
includes functions that hitherto fell under the responsibility of the GPD such as the fixing of bill
boards on pavements and road sides.
31. Manoel Island (Special Provision) Act (Chapter 259)
Provided for the dissolution in 1976 of the emphyteusis of parts of Manoel Island granted to the
Manoel Island and Malta Marina Company Limited and also for matters connected therewith or
ancillary thereto. It is by virtue of this act that the GPD could undertake subsequent disposals of
properties situated in Manoel Island.
32. Monte di Pieta’ Act (Chapter 269)
Amongst other matters, vests in the Government the absolute ownership of the immovable
property of the institutions known as Monte di Pietà and Monte di Redenzione.
33. Mortmain Act (Chapter 201)
Deals with the Church’s right to acquire and possess property. Section 12(3) restores to the
Church any properties previously forfeited to Government under older provisions of the law.
34. Post Office Act (Chapter 254)
Provides for matters relating to the Post Office and to the postal services. Section 5(C)4
particularly relevant to the Government Property Division by making provisions that allow the
Commissioner of Land to by-pass the provisions of the Disposal of Government Land Act in
granting property titles to specified holders of a licence to carry out postal services.
GPD Land & Estate Management Information System ITT Page 237
35. Ratification of Treaties (St. Angelo) Act (Chapter 429)
An Act authorising the Government to ratify the agreement between the Government of Malta and
the Government of the Sovereign Hospitalier Order of Saint John of Jerusalem, of Rhodes and of
Malta done in Malta on the fifth December, 1998, and for matters consequent and ancillary thereto.
Clause 4 of the act grants the Order the right of use of Fort Saint Angelo in Vittoriosa.
36. Reversion of Certain Lands Act (Chapter 432)
Provides for the direct restitution to original owners of land expropriated under the Building
Development Areas Act (now repealed) via a President’s Order.
37. Sports Act 2002
Provides for the establishment of the Kunsill Malti ghall-Isport (Malta Sports Council) to exercise
the functions relating to sport previously vested in the Department of Youth & Sports, to provide for
the registration of sport organizations, and to establish dispute resolution structures. Clause 16 to
18 of the act make provision for the transfer to the Kunsill Malti ghall-Isport of certain rights and
liabilities over designated government immovable property.
38. Trading Licences Act (Chapter 441)
Provides for the regulation of commercial activities and for matters ancillary to or connected with
such activities. Part VI of the act makes provision for a number of street activities that require a
permit from Local Councils and may therefore preclude the requirement of a GPD permit.
39. Transfer of Rights and Liabilities of the Commissioner of Land Order (Subsidiary
Legislation 169)
This is a subsidiary legislation that consolidates the Legal Notices issued up to 2002 whereby the
Malta Development Corporation is, in relation to the immovable property indicated in the order,
vested with the powers of the Commissioner of Land in terms of Article 2 of the Commissioner of
Land Ordinance.
40. United Kingdom Lands (Vesting) Act (Chapter 193)
Makes provision for the vesting in or reversion to the Government of Malta of certain properties and
rights which on the 20th September, 1964 were vested in or belonged or pertained to or were held
or were exercisable by certain departments or authorities of the Government of the United
Kingdom or an authorized service organization.
41. Water Services Corporation Act (Chapter 355)
Provides for the establishment of the Water Services Corporation (WSC). Part III of this act (i.e.
Sections 32 to 35) provides for the transfer to the WSC of the ownership of certain immovable
property previously belonging to the Government.
GPD Land & Estate Management Information System ITT Page 238
GPD Land & Estate Management Information System ITT Page 239
Appendix 12 – MITTS Ltd. Quality Policy
MITTS Ltd. Quality Policy
MITTS Ltd. strives to infuse market expectations throughout the company in the knowledge that MITTS
Ltd. customers are the only reason for its commercial existence.
We, management and employees of MITTS Ltd. are committed to absolute customer satisfaction as
our first priority. In achieving this high objective we:
• understand that quality is central to achieving customer satisfaction;
• achieve quality through the active participation of all of us;
• achieve quality by continuously improving and surpassing ourselves;
• achieve the above cost-effectively.
All our activities sponsor quality as the centrepiece of our daily business.
23 July 1998
GPD Land & Estate Management Information System ITT Page 240
GPD Land & Estate Management Information System ITT Page 241
Appendix 13 – Acronyms
ALPS Agricultural Lease Processing System – See also Section 2.10.2
ALS Agricultural Land Scheme
BDA Act Building Development Areas Act
CdB Common Database – See also Section 2.10.2
CPS Cheque Printing System – See also Section 2.10.2
DAS Departmental Accounting System – See also Section 2.10.2
DocReg Document Registry System – See also Section 2.10.2
EMD Estate Management Department
GIS Geographic Information System
GPD Government Property Division
IPRS Internet Payment of Rent System – See also Section 2.10.2
ITT Invitation to Tender
JO Joint Office
JodB Joint Office Database – See also Section 2.10.2
LAB Land Arbitration Board
LCRPS Local Councils Rent Payment System – See also Section 2.10.2
LD/PD Land/Property Drawing
LEMIS Land & Estate Management Information System
LMS Land Management System – See also Section 2.10.2
LRCS Land Registry Computerised System – See also Section 2.10.2
LVO Land Valuation Office
MAGNET Malta Government Network
MDC Malta Development Corporation
MDS Mass Digitising System – See also Section 2.10.2
MEPA Malta Environment & Planning Authority
MHA&E Ministry for Home Affairs & Environment
MITTS Ltd Malta Information Technology and Training Services Ltd
New DocReg New Document Registry System – See also Section 2.10.2
PISCES Property Information System Common Exchange Standard
PDRS Property Digitising and Registration System – See also Section 2.10.2
PDS Property Drawing System – See also Section 2.10.2
PSS Public Screening System – See also Section 2.10.2
GPD Land & Estate Management Information System ITT Page 242
GPD Land & Estate Management Information System ITT Page 243
Appendix 14 – Glossary
Acquisition rent Annual payment made by GPD on property that it has acquired under
possession and use terms.
Acquisition type Refers to the type of process used by GPD for the acquisition of
immovable property and may include such types as compulsory
acquisition by outright purchase, possession and use terms, public tenure,
amicable acquisition, acquisition through legal forfeiture, prescription,
operation of specific laws (e.g. Enemy Property Act, Church/State
Agreement), donation, legacy, beneficiary occupation, ex-Knights, etc..
Agricultural Land Scheme A scheme launched in August 2000 that provided the opportunity (up to
February 2001) to cultivators of government agricultural land (whether
legally recognised or otherwise) to apply for a new lease and thereby
benefit from the opportunities offered by the scheme.
Amicable acquisition of The purchase of property under terms that are freely negotiated between
property buyer and seller.
Bid-bond A bond (in the form of a letter of guarantee issued by a bank) that may be
required to be made by bidders to GPD tenders as a means of securing
the bidders obligation to honour their bid.
Building Development Law enacted in 1984 in virtue of which Government acquired the
Areas Act ownership of large tracts of land.
Church/State Agreement An agreement between the Government of Malta and the Holy See
1991 whereby properties belonging to various ecclesiastical entities and not
required for Pastoral services were transferred to the State.
Compensation for Loss of Ex-gratia compensation paid by the GPD to private property owners
rent whose property was destroyed by enemy action and whose development
was restricted.
Compulsory acquisition The acquisition of private property for a public purpose under the Land
Acquisition Ordinance.
Construction & Government department responsible for the carrying out of structural
Maintenance Department works and maintenance on Government-owned non-residential property.
Date of entry (compulsory Refers to the date when Government physically takes over possession of
acquisition) property for a public purpose under the Land Acquisition Ordinance
Directum Dominium The right to receive Ground Rent in a contract of emphyteusis. The Utile
Dominium represents the enjoyment of the immovable subject to the
payment of a Ground Rent. It can be perpetual or temporary.
Disposal The transfer of Rights over immovables.
Easements A right over an immovable in favour of another immovable.
Emphyteusis/ Transfer of rights over an immovable for a period or in perpetuity subject
Emphyteutical Grant to the payment of an annual Ground Rent and during which period the
utilista (grantee) assumes all the rights and obligations of ownership.
Encroachment permit A permit, withdrawable at will, issued by Government for use of
G tL d
GPD Land & Estate Management Information System ITT Page 244
Government Land.
Estate Management One of GPD’s departments – responsible for property inventory and estate
Department management.
Expropriation The act of forceful acquisition of property under the Land Acquisition
Ordinance.
Expropriation by Outright The act of forcefully acquiring property under title of absolute ownership.
purchase
Foundation for Church Foundation set up by the Church in Malta to cater for the funding needs of
Schools the various Church schools in Malta. Under the Church/State Agreement
of 1991 GPD is bound to transfer funds to this Foundation whenever an
ex-Church property is sold at a price higher than a pre-established
threshold.
Ground rent The amount payable to the Grantor by the utilista of an emphyteutical
grant – usually stated as a yearly amount payable in advance or in
arrears.
Heritage property Property that is unique for one or more of the following reasons: historical
or natural significance, cultural, educational, or artistic importance; or
significant architectural characteristics as defined in the Heritage Act.
Housing Authority A Body Corporate established under the Housing Authority Act to carry out
the functions relating to housing, residential, and commercial
accommodation and related facilities and amenities. The GPD acts as
agent of the Housing Authority in the collection of rents/ground rents of
properties leased by the Authority.
Housing Construction & Government department responsible for the construction of residential
Maintenance Department premises (primarily as sub-contractor to the Housing Authority) and also
for the carrying out of maintenance works on Government-owned
residential premises.
In Solidum Joint and Several Liability.
Joint Office One of GPD’s departments – responsible for the registration of ex-Church
property.
Land Arbitration Board This Board is established in terms of Land Acquisition Ordinance to deal
with cases where Government Valuation is not accepted by owner.
Land Department One of GPD’s departments – responsible for the enforcement and
contractual aspect of government property management and for the
compulsory acquisition process.
Laudemium A sum of money equivalent to one year’s Ground Rent payable on the
transfer of the Utile Dominium by onerous title.
Legal Notice An official notification in the Government Gazzette.
Loss of crops Compensation payable to the cultivators of forcefully acquired land.
Malta Development A body corporate established under the Malta Development Corporation
Corporation Act responsible for the administration of industrial estates and properties.
Malta Environment & A body corporate established under the Development Planning Act to
Planning Authority cater for the planning and management of land development and the
i t
GPD Land & Estate Management Information System ITT Page 245
environment.
Move-in date Denotes the date when an occupant moves into government property –
may differ from effective date of lease.
Notice to treat Judicial letter issued under the Land Acquisition Ordinance to notify the
owner/s of expropriated property of the price Government is willing to pay
for the property.
Possession & Use Government’s right to acquire immovables for a temporary period subject
to an annual payment (acquisition rent).
President’s Declaration A notification published in the Government Gazzette to give effect to
procedures undertaken in virtue of the Land Acquisition Ordinance.
Property holding The type of title under which property is kept/owned. For e.g.
Government’s holding over specific property may be one of absolute
owner, leasehold (leased from third parties), trust etc.
Property Registration Unique number given to a property within GPD’s property records.
Number
Property Re-valuation The act of carrying out a second valuation of a property following the lapse
of a number of years so as to ensure that the valuation is correct in terms
of current market forces.
Property Valuation The act of establishing the value of a property.
Property/Land registration The process of registering property-ownership title under the Land
Registration Act
Public Tenure Government’s right to acquire property permanently subject to an annual
payment (recognition rent).
Recognition rent Annual payment made by Government for property that has been acquired
under public tenure.
Rent Compensation A board established under the chairmanship of the Commissioner of Land
Board (the Director Land Department) to review and authorise the periodical
payment of compensation for loss of rent.
Revenue Code This is a code used for central Government budgetary purposes and is
allocated by GPD to the various types of revenue collected. The codes
must primarily distinguish between lands and buildings and then between
the different type of leases.
Schedule of deposit A method of payment whereby Government deposits money in a Court in
order to acquire ownership thereof after the issue of a Notice to Treat,
subsequently followed by registration at the Land Registry.
Social Housing Government department responsible for the provision of alternative
Department residential accommodation to those lacking suitable housing and also for
the administration of privately-owned residential premises requisitioned
under the Housing Act.
Sub-soil rights The right of Government to carry out works and build facilities
underground without the need of entering into a contract and without the
obligation to pay compensation. Acquired through the issue of a
President’s Proclamation.
GPD Land & Estate Management Information System ITT Page 246
Utile dominium The Utile Dominium represents the enjoyment of the immovable subject to
the payment of a Ground Rent. It can be perpetual or temporary.
GPD Land & Estate Management Information System ITT Page 247
Appendix 15 – Standard Contractual Documents
Sample Contract for:
• the Supply and Implementation of the Land and Estate Management Information System
• the Maintenance and Support of the Land and Estate Management Information System
Software
• the Maintenance and Support of the Land and Estate Management Information System
Hardware
Sample Escrow Agreement
GPD Land & Estate Management Information System ITT Page 248
GPD Land & Estate Management Information System ITT Page 249
Sample Contract for the Supply and Implementation of the Land and
Estate Management Information System
GPD Land & Estate Management Information System ITT Page 250
GPD Land & Estate Management Information System ITT Page 251
CONTRACT
THIS CONTRACT having a reference of 099/03
made this ______ day of __________ 2003
BETWEEN:
for and on behalf of the
xxxxxxxxxxx
(hereinafter referred to as the "Contractor")
AND
for and on behalf of the
xxxxxxxxxxx
(hereinafter referred to as the "Customer")
WHEREAS the Contractor submitted a proposal to supply and implement a Land and Estae
Management Information System following the issue of Invitation to Tender (Ref. 999/03) by the
Customer through the Department of Contracts;
AND WHEREAS the Customer has selected the Contractor to supply and implement the system and to
provide other related services to fulfil the functions hereinafter described;
NOW THEREFORE THIS CONTRACT WITNESSETH that, in consideration of the premises and of the
mutual covenants and contracts herein contained, and subject to the terms and conditions hereinafter
set out, the parties hereto for themselves, their lawful successors and assignees, hereto agree as
follows:
GPD Land & Estate Management Information System ITT Page 252
1.0 Definitions
1.01 ‘Acceptance Date’ shall be the date when the Customer issues an Acceptance Certificate for
the Software and/or Service;
1.02 ‘Acceptance Test’ shall mean the tests that will be carried out on the Software and Services
by the Customer in order to establish their acceptability in accordance with the Quality Criteria;
1.03 ‘Acceptance Certificate’ shall mean a certificate issued by the Customer to the Contractor
certifying that the Software and/or Service satisfy the Quality Criteria;
1.04 ‘Change Request’ shall mean a request by one of the parties to amend the Contract
documented in accordance with Appendix F. Such document shall include a summary of the
requested amendment, the reason(s) for requesting the amendment and an indication of
anticipated consequential effects on the then current Contract;
1.05 ‘Completion Date’ shall mean each date contained in the Programme of Works, and for the
purposes of clause 6.06, it shall mean the date identified in the Programme of Works for the
issuance of a Final Acceptance Certificate;
1.06 ‘Contract’ shall mean this agreement between the Customer and the Contractor including all
appendices and documents to which reference may properly be made in order to ascertain the
rights and obligations of the parties, and including any amendments made as per Article 8;
1.07 ‘Contract Price’ shall mean the total, non-recurring sum stated in Appendix E, which shall
remain fixed unless otherwise provided therein, to be paid by the Customer to the Contractor
under this Contract;
1.08 ‘Contractor’ shall be XXXXXXX. and shall include the Contractor’s representatives,
successors, approved sub-contractors and permitted assignees;
1.09 ‘Contract Reference Number’ shall mean the number stated on the title page of the Contract
which shall be quoted in all communications under the Contract including invoices;
1.10 ‘Contractor’s Response’ shall mean the response submitted by the Contractor in reply to the
Invitation to Tender issued by the Department of Contracts (XXX/03);
1.11 ‘Customer’ shall mean the Ministry for Home Affairs and the Environment (MHAE) and shall
include the Customer’s legal representatives, successors and permitted assignees;
1.12 ‘Default’ shall mean an act or omission which results in a breach of the obligations of either
party its employees, agents or sub-contractors in connection with or in relation to the subject
matter of the Contract;
GPD Land & Estate Management Information System ITT Page 253
1.13 ‘Documentation’ shall mean the user documentation, technical design documentation and
other literature relating to the Third Party Product and the Enhancements supplied by the
Contractor to the Customer whether on a physical carrier medium or electronically;
1.14 'End User License Agreement' shall refer to the agreement of the Third Party supplier
governing the Use of the Third Party Product attached as Appendix D;
1.15 'Enhancement' shall mean the changes or additions to the Third Party Product as identified in
Appendix A and shall include any change required by national legislation or business specific
policies and Documentation;
1.16 'Error' shall mean a defect(s) in the Software which prevents it from performing in accordance
with the Quality Criteria and shall include any failure of the Software to conform to requirements
in Appendix I and J in all material respects;
1.17 'Equipment' shall mean the servers and the pc's that meet the minimum technical
requirements attached as Appendix L;
1.18 'Final Acceptance Certificate' shall be issued by the Customer when the obligations of the
Contractor with respect to the Project have all been fulfilled in accordance with the Quality
Criteria;
1.19 ‘Intellectual Property’ shall mean copyrights, patents, trademarks, service marks, design
rights (whether registered or unregistered) and all other similar proprietary rights;
1.20 ‘Invitation to Tender’ shall mean the Invitation to Tender document (Ref. xxx/03) issued by
The Department of Contracts for the supply, installation and commissioning of the land and
estate management information system;
1.21 ‘Live Environment’ shall mean the technical environment (e.g. Equipment, operating systems,
DBMS, communication Software and equipment, middleware, etc.) that will be used for Live
Operation, Disaster Recovery and Training;
1.22 ‘Live Operation’ shall mean the time when the Customer can use the Software in the Live
Environment for its day-to-day operations;
1.23 ‘Location’ shall mean any premises in Malta nominated by the Customer where the Services
are to be performed or where the Software is to be delivered and installed;
1.24 'Normal Working Hours' shall mean 0830 to 1730 hours Monday to Friday, excluding Public
Holidays;
1.25 ‘Post Implementation Review’ shall mean the review exercise, to be carried out in agreement
between the Customer and the Contractor, three to four months after the completion of the
Project;
GPD Land & Estate Management Information System ITT Page 254
1.26 ‘Programme of Work’ shall mean details to be append in Appendix B in the form of a Gantt
chart, tabular Appendix or any other written Documentation representing the activities, tasks,
work effort, duration, dependencies, milestones, sequence of events, resources and resource
types, event owner(s) associated with the Software and Services and other responsibilities of
the Customer and the Contractor arising from this Contract;
1.27 ‘Project’ shall include the totality of the Services and the Software to be provided by the
Contractor in accordance with the Quality Criteria and shall include all other tasks which must
be carried out by the parties in accordance with the terms of this Contract;
1.28 ‘Project Quality Plan’ shall mean the plan attached as Appendix C;
1.29 ‘Quality Criteria’ shall mean the criteria identified in the Project Quality Plan for the Software
and the Service which must be satisfied by the Contractor before an Acceptance Certificate for
the Software or the Service can be issued by the Customer;
1.30 ‘Service’, shall mean the services listed in Appendix A to be provided by the Contractor to the
Customer in accordance with the Quality Criteria and in accordance with the Programme of
Works. In the event that the Customer requires an amendment to the Service or additional
services, and the parties agree that the Service should be so modified or further services
provided under this Contract, the parties shall append the new Service definition to Appendix A,
and immediately the new Service definition shall automatically be deemed to supersede or
supplement (as the case may be ) Appendix A;
1.31 ‘Software’ shall mean the Third Party Product customised with the Enhancements in
accordance with the Quality Criteria;
1.32 ‘Test Environment’ shall mean the technical environment (e.g. the Equipment, operating
systems, DBMS, communication software and equipment, middleware, etc.) that will be used to
carry out Acceptance Tests. The Test Environment shall meet the minimum technical
requirements in Appendix L and other requirements contained in the Contractor’s Response;
1.33 ‘Third Party’ shall mean any person or organisation other than the Customer or the Contractor;
1.34 ‘Third Party Product’ shall mean the software in object code identified in Appendix A and the
Documentation over which the Contractor has no proprietary rights. The use of the Third Party
Product shall be governed by the terms and conditions of the End User Licence Agreement;
1.35 ‘Use’ means
a) to load, store, transmit, display or otherwise utilise the Software for the purposes of
processing data owned by or under the control of the Customer and
b) to make copies of, install and utilise the Software for the purposes of testing and training
GPD Land & Estate Management Information System ITT Page 255
c) to make copies of, install and utilise the Software in a disaster recovery environment of the
Customer;
1.36 ‘Virus’ shall mean any software intended to corrupt, destroy or otherwise damage or interfere
with the Use of Software;
2.0 Headings
2.1 Headings to the clauses of the Contract are for ease of reference only and shall not affect the
interpretation or construction hereof.
3.0 Number
3.1 The singular shall include the plural and vice-versa. Definitions may be used in the singular or
in the plural.
4.0 Order of Precedence
4.1 The Contract supersedes all prior agreements and understandings, and constitutes the entire
agreement between the parties in respect of all matters referred to herein. There are, in respect
of the said matter, no other contracts, understandings, representations or warranties, collateral,
oral or otherwise, except as stated.
4.2 In the event of any conflict or inconsistency, the documentation exchanged between the
Contractor and the Customer in relation to this Contract shall have the following order of
precedence:
(a) the Contract;
(b) documentation and correspondence exchanged during negotiations
(c) the Contractor's Response
(d) the Invitation to Tender
5.0 Obligations of the Parties
5.01 By virtue of this Contract the Contractor agrees to provide the Services and supply the
Software to the Customer in accordance with the Quality Criteria and in accordance with the
Programme of Works, and to fulfil its other obligations under this Contract in consideration of
payment by the Customer of the Contract Price.
GPD Land & Estate Management Information System ITT Page 256
5.02 The Customer shall pay the Contractor the Contract Price and shall perform its other
responsibilities under the Contract.
5.03 The parties undertake to adhere to the Project Quality Plan in the fulfilment of their obligations
under the Contract and in cases where no standard or procedure is specified therein, the parties
agree to fulfil their obligations in accordance with the highest industry quality practices.
6.0 Programme of Works
6.01 Unless otherwise agreed, within ninety (90) days from the signing of this Contract, the Contractor
and the Customer shall prepare a Programme of Works which will include Completion Dates
relating to each Service and the Software. The Contractor shall, during every step of the
Programme of Works, provide advice to the Customer and be available for consultation.
6.02 The Contractor shall perform its obligations under the Contract in accordance with the
Programme of Works and in accordance with the applicable Completion Dates. If, for any
reason, the Contractor has reason to believe that a Completion Date is not likely to be
achieved, then the Contractor shall, within five (5) working days inform the Customer in writing
of the cause likely to give rise to a delay and submit to the Customer for approval a proposal for
a revision of the Programme of Work. Any such revision shall be without prejudice to Clause
6.06.
6.03 On receipt of the revised Programme of Work, the Customer may:
(a) Signify its approval, in which case, the revised Programme of Work shall supersede or
amend the original Programme of Works, as the case may be, or
(b) Reject the revised Programme of Work, stating its reasons for so doing, and require that the
Programme of Work be further amended and resubmitted by the Contractor for the
Customer's approval.
6.04 If the Contractor is in delay in meeting a Completion Date by reason of Default of the Customer,
the Customer may not reject a revised programme of works submitted by the Contractor in
accordance with clause 6.03(b) provided that
(a) the Contractor advises the Customer in writing within five (5) working days from the date on
which the cause giving rise to the delay shall have occurred and
(b) the Customer does not challenge the existence of the same with the Contractor within five (5)
working days from receipt of notice of the Contractor.
For the avoidance of any doubt, an extension equivalent to the delay caused by the Default of the
Customer shall be deemed to be 'a reasonable extension of time' for the purposes of this section.
GPD Land & Estate Management Information System ITT Page 257
The Contractor shall not be entitled to recover any costs incurred or damages suffered as a result
of a delay caused by the Default of the Customer.
6.05 If either party is in delay in meeting a Completion Date by reason of a force majeure event, both
parties shall be entitled to a reasonable extension of time as appropriate provided that the party
affected by the force majeure event advises the other in writing within five (5) days from the date
on which the event shall have occurred. In the case of an event affecting the Contractor, the
Customer shall confirm the existence of the same and shall determine the extension to be allowed.
For the avoidance of any doubt, an extension equivalent to the delay caused by the force majeure
event shall be deemed to be 'a reasonable extension of time' for the purposes of this section.
Neither party shall be entitled to recover any costs incurred or damages suffered as a result of
such delay.
6.06 If the Contractor delays in meeting the Completion Date by more than ten per cent (10%) of the
time allowed (including any extensions of time) as a result of a delay for which the Contractor is
solely or primarily responsible, the Customer shall be paid, by way of a penalty for mere delay,
a sum of money equivalent to one per cent (1%) of the Contract Price for each ten (10) working
days or part thereof of delay which exceeds the ten per cent (10%) of the time allowed
(including extensions of time).
7.0 Force Majeure
7.01 Without prejudice to the provisions of sub-Clause 6.05, neither party shall be liable for delay or
failure to perform any of its obligations under the Contract insofar as the performance of such
obligation is prevented by any event which is beyond its reasonable control. Notwithstanding the
foregoing, each party shall use all reasonable endeavours to continue to perform its obligations
hereunder for the duration of such force majeure event.
7.02 It shall not be considered to be a force majeure event, nor shall either party be excused from
liability for delay or failure to perform any of its obligations under the Contract, if that party is
delayed or fails to meet its obligations under this Contract as a result of failure by its agents or sub-
contractors which failure does not itself result, directly from a force majeure event.
8.0 Variations to the Contract
8.1 No amendments to the Contract, nor any additional or substitute clauses or Appendices thereto,
shall be valid unless made in writing expressly purporting to amend the Contract and signed by
both parties.
8.2 In the event that the Customer requires any amendment in and/or addition to the Service or part
thereof, including but not limited to an amendment to the Software or part thereof, the Contractor
undertakes to investigate such requests and following discussion with the Customer, the
GPD Land & Estate Management Information System ITT Page 258
Contractor shall provide estimates in writing regarding (a) the feasibility of offering the requested
amendment in and/or addition to the Service, (b) any changes or additions to the Programme of
Works, if applicable, and (c) changes or additions to the Charges if such amendments in and/or
additions to the Service were to take place. Unless otherwise agreed, the daily rates included in
Appendix E shall apply and the rights and restrictions described in this Contract shall automatically
be extended to apply to any amendment in and/or additions to the Service or part thereof to be
carried out by the Contractor. Each change agreed to between the parties must be incorporated
in the Contract using the change control procedure set out in Appendix F.
8.3 Both parties shall maintain a complete and accurate master copy of the Contract during the term
thereof containing all amendments thereto.
9.0 Assignment
9.1 Neither the Contractor nor the Customer shall assign, sub-contract or otherwise dispose of the
Contract or any part thereof or the benefit or advantage of the Contract or any part thereof without
obtaining consent in writing of the other party, which consent shall not be unreasonably withheld.
9.2 Notwithstanding any sub-contracting permitted by or under the Contract, the Contractor shall
remain solely responsible for the acts and omissions of its sub-contractors and for the fulfilment of
its obligations under this Contract.
10.0 Payment & Payment Terms
10.1 The Customer agrees to pay the Contractor the Contract Price in accordance with the terms of
payment contained in Appendix E. Any payments, which are due, shall be notified by the
Contractor in accordance with Appendix E and shall be settled by the Customer within ninety
(90) days from receipt of an invoice from the Contractor.
10.02 In the event that the Customer is in Default in payment and remains so for a period of thirty (30)
calendar days from receipt of a notice in writing from the Contractor indicating the Default, the
Contractor may suspend the performance of his obligations under the Contract until such time
that payment is effected by the Customer. The provisions of s. 6.04 shall mutatis mutandis
apply.
10.03 The Contractor and the Customer agree that the Contract Price is fixed and exclusive of Value
Added Tax (VAT) which may become due under this Contract.
10.04 The Customer reserves the right to withhold payment against any invoice which is not
submitted in accordance with Appendix E.
GPD Land & Estate Management Information System ITT Page 259
10.05 If so requested by the Contractor, the Customer will effect payments to the Contractor direct by
bank transfer to the credit of such bank account as communicated to it in writing by the
Contractor.
11.0 Delivery and Installation
11.01 The Contractor shall deliver and install the Software at the Location on the Equipment and shall
provide anything that is necessary such as labour to enable the same in accordance with the
Programme of Works.
11.02 Unless a date of delivery is identified in the Programme of Works, the Contractor shall notify the
Customer of its intention to deliver at least six (6) working days prior to delivery or on prior
permission of the Customer.
11.03 Prior to installation, the Contractor shall:
(a) provide the Customer with written instructions relating to the installation of the Software and
(b) provide the Customer with a release note listing all the additional and/or changed items to be
installed together with a description of each item and
(c) carry out any tasks identified in the Programme of Works pertaining to the Location in
preparation of the installation.
11.04 The Customer shall prepare the Location for the delivery and installation of the Software in
accordance with the information provided by the Contractor under the provisions of sub-Clause
11.03 (a) and according to the Programme of Works.
12.0 Parallel Runs
12.01 The Contractor shall assist the Customer in executing a parallel run on the Software as many times
as required in order to satisfy the Quality Criteria.
13.0 Data Conversion & Migration
13.01 The Customer shall provide the existing data to the Contractor in a format as may be agreed by
the Customer and Contractor, preferably in ASCII or Microsoft Excel spreadsheet format. The
parties undertake to vet the integrity of the data and certify its reliability.
13.02 The Contractor shall have the sole responsibility for converting, validating and migrating the
existing data identified by the Customer to the Software.
GPD Land & Estate Management Information System ITT Page 260
13.03 The Contractor shall vet the data for integrity and shall issue a report highlighting the deviations.
The Customer shall review this report and provide feedback to the Contractor. The Contractor shall
be solely responsible for the uploading of the verified data. This shall be done at no additional cost
to the Customer.
13.04 The Contractor shall convert, validate and upload the existing data on Software prior to every
Acceptance Test iteration of the Software; prior to every parallel run iteration; and prior to Live
Operation.
13.05 The Customer undertakes to maintain security copies of all operating systems and all computer
records in accordance with best computing practice.
14.0 Training
14.01 The Contractor shall provide the training courses listed in Appendix G.
14.02 As a minimum, the combination of training courses to be delivered by the Contractor and the
Documentation shall be sufficient to allow:
(a) the proper use, operation and management of the Software,
(b) the proper administration of the Software, including but not limited to installation, user-end
customisation, configuration and parameterisation of the Software and
(c) the provision of first line support on the Software, as the case may be, by the personnel
who receive such training and who have access to such Documentation.
14.03 A detailed training plan and course content shall be agreed by the Contractor and Customer as
part of the Programme of Work.
14.04 Any additional training courses that may be requested by the Customer shall be provided by
the Contractor at the charges specified in Appendix G.
14.05 All training is to be provided locally unless otherwise mutually agreed.
14.06 All travel, subsistence allowance and accommodation expenses for both Contractor and
Customer, if any, except for additional training requested by the Customer shall be borne by
the Contractor.
15.0 Implementation Assistance
GPD Land & Estate Management Information System ITT Page 261
15.01 The Contractor shall assist the Customer in executing its responsibilities as identified in the
Programme of Works in a prompt and flexible manner
16.0 Project Management
16.01 The Contractor shall manage the project in order to ensure that the Software and Services are
delivered within the time scales stipulated in the Programme of Works and in accordance with the
Quality Criteria;
16.02 The Contractor shall closely liase and co-ordinate all activities stipulated in the Programme of
Works with the Customer;
16.03 The Contractor shall identify, document and bring to the attention of the Customer any project
related issues encountered during the course of the Contract. The Customer shall agree to a
resolution in consultation with the Contractor. Documentation of these issues shall be carried out in
the form of an Issues Log that is defined in the Project Quality Plan.
16.04 The Contractor shall identify, document and bring to the attention of the Customer any project
related risks encountered during the course of the Contract. The Customer shall be informed of
any solutions proposed by the Contractor to mitigate the risks and shall agree to a plan in
consultation with the Contractor. Documentation and mitigation of these risks shall be carried out
in the form of a Risks Log that is defined in the Project Quality Plan.
16.05 The Contractor shall provide the Customer with a monthly progress report as defined in the
Project Quality Plan. Documentation of this report risks shall be carried out in the form of a
Highlight Report that is defined in the Project Quality Plan.
16.06 The Contractor shall attend weekly progress meetings with the Customer in order to evaluate
progress, pending issues, risks and planned work.
16.07 When requested by the Customer, the Contractor shall attend periodic Project Board meetings
in order to evaluate progress, pending issues, risks and planned work.
17.0 Acceptance of the Software & Service
17.01 The Contractor agrees to thoroughly test the Enhancement at all stages of development and shall
provide evidence of adherence to the Project Quality Plan.
17.02 The Customer shall not be under any obligation to commence Acceptance Tests on the Software
if any of the pre-requisites that are mentioned below in Articles 17.03 have not been fulfilled.
GPD Land & Estate Management Information System ITT Page 262
17.03 The Customer shall commence Acceptance Tests on the Software or part thereof in a Test
Environment when
(a) the Software has been delivered and installed by the Contractor in a Test Environment in
accordance with Art. 11;
(b) the Software is configured and parameterised in a Test Environment;
(c) if necessary, existing data is converted and migrated to the Software;
(d) the relevant Documentation has been supplied to the Customer;
(e) the Contractor has complied with Part 6 of the Project Quality Plan and carried out any tasks
identified in the Programme of Works as required prior to the commencement of Acceptance
Tests.
17.04 The Customer may require assistance from the Contractor in carrying out Acceptance Tests in
which case the Customer shall notify the Contractor at least five (5) working days prior to the
commencement of such tests. The Contractor undertakes to provide all reasonable assistance to
the Customer without interfering unnecessarily with the proceedings.
17.05 Unless otherwise agreed, the Acceptance Tests shall take place on the date identified in the
Programme of Works. The Contractor may issue an invoice in accordance with Appendix E, if
the Customer is responsible for a delay in conducting Acceptance Tests and fails to give
reasons acceptable to the Contractor within ten (10) working days from receipt of a written
notice from the Contractor signifying the delay.
17.06 Acceptance Tests shall be carried out on the Software and the Services with reference to the
Quality Criteria.
17.07 In the case where the Enhancement fails one or more of the Acceptance Tests, the Customer
shall notify the Contractor in writing and shall provide supporting evidence of any Error. The
Customer shall grant to the Contractor a reasonable period of time within which the Contractor
shall rectify, at its sole expense, the Error and resubmit the Software for further Acceptance Tests.
In cases where the Third Party Product fails one or more of the Acceptance Tests, the parties
shall agree on a date within which the Error shall be rectified by the Contractor or by a Third Party,
as the case may be, and the Third Party Product resubmitted for further Acceptance Tests.
17.08 Without prejudice to Art. 22 in the event that the Software fails such repeat tests, then the
Customer shall at its sole discretion, exercise its right to, either
(a) Grant to the Contractor a further extension of time during which the Contractor shall be
required to rectify the Errors encountered during Acceptance Tests and re-submit the
Software for further Acceptance Tests. In cases where the Third Party Product fails one or
GPD Land & Estate Management Information System ITT Page 263
more of the Acceptance Tests, the parties shall agree on a date within which the Error shall
be rectified in the Third Party Product resubmitted for further Acceptance Tests; or
(b) Accept 'as is' the item of Software at a reduced price agreed in writing between the Customer
and Contractor; or
(c) Reject the Software or part thereof, is possible, in which case the Contractor shall, at its own
expense, promptly remove the rejected Software or part thereof from the Location (where
requested by the Customer) and shall promptly refund to the Customer that portion of the
Contract Price already paid to the Contractor for that Software or part thereof;
(d) Require the Contractor, at the Contractor's own expense, to install a suitable replacement for
the item of the Software that fails the Acceptance Tests, in which case the Contractor shall
promptly provide such replacement and the replacement shall immediately be subject to all
the applicable provisions of this Contract including this Art. 17.
17.08 On the successful completion of Acceptance Tests on the Software in a Test Environment, the
Customer shall, within ten (10) working days instruct the Contractor in writing to implement the
Software from a Test Environment to a Live Environment. The Customer shall issue an
Acceptance Certificate when the Software is implemented on the Live Environment in accordance
with the Quality Criteria.
17.09 Prior to the commencement of Acceptance Tests on a Service, the Customer must be satisfied
that the Contractor has fulfilled its obligations in accordance with the Programme of Works and
has complied with Part 6 of the Project Quality Plan.
17.10 Acceptance and acknowledgement of delivery of Software or provision of Service shall not imply
certification of correctness and only the issue of an Acceptance Certificate by the Customer shall
signify acceptance of the Software or the Service for the purposes of this Contract.
17.11 The Customer will issue a Final Acceptance Certificate when
(a) Acceptance Tests on every item of the Software and Service have been successfully
completed and
(b) The Customer has issued an Acceptance Certificate for every item of Software and
Service; and
(c) All issues arising from the Post Implementation Review have been resolved.
18.0 Personnel
18.01 The Contractor shall nominate suitably qualified personnel to carry out the Project. Such
personnel shall have the skills and experience that would reasonably be expected from
persons engaged in such activities under the same or similar circumstances.
GPD Land & Estate Management Information System ITT Page 264
18.02 The Customer shall afford to the Contractor's personnel full, safe and supervised access to the
Location and Equipment, staff and information as may be reasonably necessary for the
Contractor to perform and implement the Service.
18.03 Notwithstanding the provisions of Art.18.02, the Customer reserves the right to refuse to admit,
or remove from the Location any person employed by the Contractor or by its sub-contractors
whose admission or presence would, in the reasonable opinion of the Customer, be
undesirable. The exclusion of any such individual from any Location shall not relieve the
Contractor from the performance of its obligations under the Contract nor provide grounds for
the extension of time under Art. 6 provided that the Customer will not be responsible for any
delay in the performance of its obligations under the Contract resulting from a refusal by the
Customer which is found to be unreasonable.
18.04 Action taken under Art. 18.03 shall forthwith be communicated in writing to the Contractor.
18.05 The Contractor shall ensure that all its employees, its sub-contractors’ employees or agents,
whilst on the Location shall:
(a) cause as little interference with and inconvenience to the Customer's business or activities
as reasonably possible and;
(b) at all times comply with the safety, security and other reasonable rules and regulations
applicable to the Location.
18.06 Notwithstanding the provisions of sub-clause 18.03, the Contractor undertakes to acknowledge
and act upon any complaint of the Customer regarding the suitability or otherwise of the Project
Manager or any other employee of the Contractor working on the Project. If the position is not
rectified within ten (10) working days, the Customer reserves the right to request in writing a
change of the Project Manager or any other employee of the Contractor working on the Project,
if in the reasonable opinion of the Customer, the Project Manager or employee proves to be
difficult to work with or lacks the skills and experience required. Without prejudice to clause
6.02, the Contractor is obliged to carry out the necessary change within one (1) month from the
written request of the Customer.
19.0 Employment Offers
19.1 The Customer and the Contractor agree that for twelve (12) months after the date of expiry or
termination of the Contract they shall not offer employment to any employee of the other party
who has been associated with the performance of the Contract without the other party’s prior
agreement in writing
GPD Land & Estate Management Information System ITT Page 265
19.2 The above provision shall not however apply to offers of employment resulting from general
recruitment agencies.
20.0 Licenses and Transfer of Rights
20.01 The Contractor hereby procures for the Customer a royalty-free, non-exclusive and non-
transferable license to Use the Third Party Product in accordance with the terms and conditions
contained in the End User License Agreement. The End User License Agreement shall come
into force on installation of the Third Party Product.
20.02 The parties hereby agree that the Contractor and the Customer will have permanent and
unrestricted use of the Enhancements in the accomplishments of their respective business
functions.
20.03 All rights of ownership in tangible deliverables relating to the Enhancements including but not
limited to disks, CD ROM's and Documentation shall pass from the Contractor to the Customer
with effect from the Acceptance Date.
20.04 In a Live Environment, the Customer shall restrict the concurrent Use of the Software to the
maximum number of concurrent users specified in Appendix D. If so requested, the Contractor
shall procure for the Customer an authorisation to increase the number of users who may use
the Software concurrently.
20.05 Subject to the rights granted to the Customer under this Contract, neither party shall gain, by
virtue of this Contract, any proprietary rights including any intellectual property rights in the
Third Party Product owned by the other party.
20.06 Without prejudice to anything contained herein, the parties further agree that ownership of the
Enhancements and of any underlying source code relating to the Enhancements developed by
the Contractor shall vest in the Contractor. The Contractor agrees to deposit the current version
of the source code of the Enhancements developed by the Contractor including all relevant
commentary, explanations and other documentation at the registered address of Grant
Thornton in accordance with the escrow agreement entered into by the parties and attached as
Appendix M.
20.07 The Contractor shall have no access to the Software except with the prior approval of the
Customer which is not reasonably withheld.
20.08 The Customer may opt to acquire the source code of the Enhancements developed by the
Contractor against a charge of Lm50,000 inclusive of VAT.
21.0 Warranties
GPD Land & Estate Management Information System ITT Page 266
21.01 The Contractor warrants that
(a) it has authority to grant to the Customer all and any rights to Use the Enhancements and
owns or has obtained and is entitled to grant valid licences in respect of any Intellectual
Property Rights necessary for the fulfilment of its obligations under the Contract;
(b) any media on which the Enhancements are furnished is free from defects in workmanship
and materials under normal use and that any defective media provided by the Contractor
shall be replaced provided that the Customer notifies the Contractor within the Warranty
Period specifying the defect. All replaced goods or part thereof shall become the property
of the Customer;
(c) for a period of twelve (12) months from the issuance of the Final Acceptance Certificate the
combination of the Third Party Product and the Enhancements shall meet the Quality
Criteria in all material respects;
(d) the Enhancements shall be compatible with any and all future updates, releases, upgrades
or versions of the Third Party Product. If not, the Contractor shall, at their own expense,
amend and resolve the problem.
21.02 In cases where an Error in the Software is attributable or likely to be attributable to the Third
Party Product, the Contractor undertakes to correct the Error in the Software, where possible,
or provide the necessary assistance to the Customer free of charge for the purpose of
enforcing the Customer's rights under the relevant warranty contained in the End User License
Agreement. In cases where an Error in the Software is not attributable or not likely to be
attributable to the Third Party Product, the Contractor shall, at the Contractor's sole expense,
correct by patch or new release the Error in the Software and submit the Software for
acceptance in accordance with Art.17.
21.03 The Contractor undertakes to use all reasonable skill and care in performing any task or other
work hereunder and shall use personnel of appropriate skill and experience for the
performance of each Services. The Contractor warrants that it will take all reasonable and
practical steps in accordance with highest industry practise to prevent the introduction of any
virus into the data or software owned by or under the control of the Customer.
22.0 Duration & Termination
22.01 The Contract shall come into force when signed by both parties and, saving any obligations
which are expressly provided to survive expiry or termination and without prejudice to the
termination provisions set out below, shall remain in full force and effect until all the obligations
of the parties under this Contract have been fulfilled.
GPD Land & Estate Management Information System ITT Page 267
22.02 Either of the parties may at any time by notice in writing terminate the Contract with effect from
the date of service of such notice if:
(a) the other party shall become insolvent or bankrupt or makes an arrangement with its
creditors or go into compulsory or voluntary liquidation except for the purpose of bona fide
amalgamation and reconstruction, or
(b) the other party admits in writing to its insolvency or inability to pay mature debts, or
consents in writing to the appointment of a trustee or receiver for itself; or
(c) under the provisions of any law for the relief or aid of debtors, any court of competent
jurisdiction assumes custody or control of the Contractor’s assets, and such custody or
control is not terminated within sixty (60) days from the date of assumption thereof, or
(d) there is a change of control of either party where it may be reasonably anticipated that it
will have a material effect on such party’s ability to perform its obligations under the
Contract; or
(e) there is a breach by the other party of any provision in this Contract which expressly
entitles the non-breaching party to terminate the contract; or
(f) the other party commits a material or persistent breach of its obligations hereunder which is
not capable of a remedy or, if capable of a remedy, is not remedied within thirty (30) days
after receipt of written notice from the non-breaching party of its intention to terminate.
22.03 In the event of termination, the Contract shall be of no further force or effect except that the
Contractor shall continue to be responsible for the quality of the Software accepted by the
Customer up to such termination date and that the Contractor shall be compensated by the
Customer for those Services or Software in respect of which an Acceptance Certificate has
been issued.
22.04 Notwithstanding the provisions of the preceding article, on termination the Customer shall have
an option, exercisable at its discretion
a) to retain the Software or part thereof in the current condition and at such reduced price as
may be agreed between the Customer and the Contractor, and return all other items
supplied to it in connection with the Contract, whereupon the Contractor shall repay
forthwith to the Customer all monies paid up to and including the date of termination other
than monies in respect of Software delivered and retained by the Customer or Services
performed by the Contractor and accepted by the Customer, or
b) to return all Software delivered to the Contractor whereupon the Contractor shall refund to
the Customer all sums paid by the Customer up to and including the date of termination,
GPD Land & Estate Management Information System ITT Page 268
excluding payments for such Services performed by the Contractor and accepted by the
Customer.
22.05 The Customer shall, if termination is a result of a cause attributable to the Contractor, have a
right to recover from the Contractor the actual loss directly caused to the Customer and all
additional costs which were incurred by the Customer in order to complete the Project.
22.06 Termination shall not relieve the Contractor from its warranties and other responsibilities
relating to the Software and Services accruing up to and including the date of termination and,
furthermore shall not waive or prejudice any rights or remedies of either party arising from law
or from the Contract.
23.0 Limitation of Liability
23.01 Neither party excludes or limits liability to the other for death or personal injury to the extent it
results from the fault of either party, its employees, agents or sub-contractors.
23.02 Except as otherwise specifically provided herein, neither party shall be liable to the other for
loss of profits or of business, or of revenue or of goodwill or of anticipated savings and/or
indirect or consequential loss or damages, howsoever arising unless arising from a negligent or
wilful act or omission of the other party.
23.03 The Contractor shall take out and maintain, for the duration of the Contract, comprehensive
policies of public liability and property damage insurance, insuring the Contractor for all sums
which the Contractor may become obliged to pay as damages by reason of injury to persons or
damage to property in the course of activity carried out under the Contract, with limit of liability
of not less than five hundred thousand Maltese Liri (Lm500,000) per occurrence. The
Contractor shall also take out and maintain, for the duration of the Contract, adequate
insurance against any liabilities (other than liabilities which are uninsurable or uneconomic to
insure) that may arise as a result of its failure to perform or delay in the performance of its
obligations under the Contract. The Contractor shall provide the Customer with all information
(including copies) that the Customer may require in connection with the said insurances and
shall arrange for the Customer’s interest to be noted on the policies.
23.04 The provisions of clause 23.02 shall not be taken as excluding or limiting the Customer’s rights
under the Contract to claim for the following:
a) costs and expenses which would not otherwise have been incurred by the Customer or
which would have ceased or would not have recurred;
b) costs, expenses and charges resulting from the loss or corruption of the data or software
owned by or under the control of the Customer due to a fault of the Software or the
Contractor provided that the Contractor's liability shall be limited to costs, expenses and
GPD Land & Estate Management Information System ITT Page 269
charges associated with re-constituting such data or software and returning it to a fully
operational state insofar as it is inherently capable of being re-constituted. In the event that
the Customer has not maintained a current backup copy of the data or software as is
reasonably necessary to prevent inadvertent data loss or corruption, the Customer shall
forfeit any claim for damages sustained by the loss or corruption of data or software.
24.0 Intellectual Property Rights Indemnity
24.01 The Contractor shall fully defend or settle any claim against the Customer resulting from an
alleged infringement of any Intellectual Property Rights by any Enhancement delivered to the
Customer hereunder provided that the Customer shall
a) promptly notify the Contractor in writing of any claim or demand brought against the
Customer for infringement or alleged infringement of any Intellectual Property Right by
reason of such Use;
b) make no admissions without the Contractor's consent;
c) co-operate with the Contractor in any litigation arising there from and any negotiation in
connection therewith. The costs incurred in such negotiations or litigation shall be borne by
the Contractor.
24.02 The Contractor shall indemnify the Customer for all cost incurred in relation to any such
defence or settlement and any losses, costs and damages suffered by reason of any alleged
infringement relating to the Enhancement. The Contractor agrees that if a claim, demand or
action for infringement of any Intellectual Property Right is made in respect of the
Enhancement or in the reasonable opinion of the Contractor is likely to be made, the Contractor
may, at its own expense:
a) procure for the Customer a licence to use the Enhancement on terms acceptable to the
Customer; or
b) modify or replace the Enhancement without reducing the performance or functionality of
the Enhancement so as to avoid the infringement or the alleged infringement. The terms
herein shall apply mutatis mutandis to such modified or replaced Enhancement.
24.03 In the event that a claim of infringement or alleged infringement of any Intellectual Property
Rights of the Third Party Product is brought against the Customer, the Contractor shall provide
the necessary assistance to the Customer free of charge for the purpose of enforcing the
Customer's rights under the End User License Agreement.
24.04 The Contractor undertakes to immediately notify the Customer if any claim or demand is made
or any action brought against the Contractor or any other Third Party relating to an infringement
GPD Land & Estate Management Information System ITT Page 270
or alleged infringement of any Intellectual Property Rights that may affect the Use of the
Software by the Customer.
24.05 If the Contractor has been unable to procure a license or a replacement of or modification to
the Enhancement in accordance with Art. 24.02, the Customer shall, at its sole discretion,
exercise its options under Art. 22.04(b).
25.0 Confidentiality
25.01 Subject to the provisions of clause 25.02:
(a) the confidential or proprietary information of each party (hereinafter referred to as the
'Disclosing Party') and/or its subcontractors which is marked as such or which by its nature
is clearly confidential or proprietary;
(b) oral, confidential or proprietary information of each party and/or its subcontractors which is
designated as such at the time it is received by, provided to or made available to the other
party (as Recipient Party);
(c) information subject to any confidentiality or non-disclosure agreement to which or by which
either party is a party or is bound,
shall (whether such information is oral, written or contained on any storage media and whether
such information is received by, provided to or made available to the Recipient Party on, before
or after the coming into force of this Contract) constitute and be hereinafter referred to as
“Confidential Information” for the purposes of this Contract.
25.02 A Recipient Party shall not be required to treat as confidential any information which is already
in its possession, which becomes publicly available other than as a result of any breach of this
Contract by the Recipient Party or which is lawfully obtained from any Third Party without
restriction on disclosure.
25.03 Each party, as Recipient Party, undertakes to the other, as Disclosing Party:
(a) to keep secret and confidential any and all Confidential Information of the Disclosing Party
by employing the same degree of care as it takes to preserve and protect its own
confidential information of a similar nature;
(b) not, without the Disclosing Party’s prior written consent or as otherwise required by law, to
disclose any Confidential Information of the Disclosing Party in whole or in part to any other
person save its employees and officers (and, in the case of the Contractor, sub-
contractors, associates, agents and representatives) who are directly involved in the
Contract and who need to know the same for reasons connected with the Contract. Each
party, as Recipient Party, shall make each of the Third Parties to whom any Confidential
Information of the Disclosing Party is disclosed under this Article aware of the confidential
GPD Land & Estate Management Information System ITT Page 271
nature of the Disclosing Party’s Confidential Information and shall procure that each such
Third Party shall abide by the terms of Art. 25.01 to Art.25.03 inclusive; and
(c) to use the Confidential Information of the Disclosing Party solely in connection with the
performance of this Contract and not for its own benefit or the benefit of any Third Party.
25.04 In the event of termination of this Contract the Recipient Party shall destroy or return to the
Disclosing Party all Confidential Information of the Disclosing Party together with all partial or
complete copies thereof.
26.0 Security
26.01 The Contractor (and any person employed or engaged by the Contractor) shall comply with all
reasonable safety and security requirements of the Customer whilst on the Location.
26.02 All Contractor’s property held on the premises of the Customer including property to be used in
the performance of the Contract, shall be so held at the sole risk and responsibility of the
Contractor except that the Customer shall be liable for loss of such Contractor’s property which
is due to the Default or wilful act of the Customer.
26.03 In the event of any loss of the Contractor’s property held at any Location for the purpose of the
Contract due to whatever cause, the Contractor shall replace such property as soon as
reasonably possible and shall, notwithstanding such loss, fulfil its obligations in accordance
with the Programme of Works.
27.0 Data Security
27.01 The Contractor shall be liable to the Customer for loss or corruption of any data or software
owned by or under the control of the Customer, including loss or corruption resulting from the
introduction of a Virus, when such loss or corruption results from the wilful act or fault of the
Contractor or the Software. In the event that the Customer has not maintained a current backup
copy of the Customer data, the Software and other software as is reasonably necessary to
prevent inadvertent data loss or corruption, the Customer shall forfeit any claim for damages
sustained by the loss or corruption of data or software.
27.02 System security provided by the Contractor shall be in accordance with generally accepted
information security policies and with the highest industry standards.
27.03 Any part of the Software which enables sensitive data to be added, accessed, viewed, modified
or deleted, will only be managed by the Customer or by the Contractor in the presence of the
Customer. Similarly, any part of the Software which enables a security routine to be modified,
disabled or destroyed will only be managed by the Customer or by the Contractor in the
presence of the Customer.
GPD Land & Estate Management Information System ITT Page 272
28.0 Waiver
28.01 The failure of the Contractor or the Customer to insist upon strict performance of any term,
condition or provision of the Contract or to exercise any right or remedy to which it is entitled
hereunder, shall not constitute a waiver thereof.
28.02 No waiver of any breach of any term or condition of the Contract by either party shall be taken
to constitute a waiver of any subsequent breach of such term or condition nor justify or
authorise the non-observance on any other occasion of the same or any other term or condition
hereof.
28.03 No waiver of any of the provisions, terms or conditions of the Contract shall have effect unless
it is expressed to be a waiver in writing and communicated in accordance with clause 32.0.
29.0 Governing Law Jurisdiction and Dispute Resolution
29.1 The present Agreement shall be governed by and construed in accordance with the laws of
Malta.
29.2 Any dispute arising out of or in connection with this Contract shall be referred in writing to a
single arbitrator, having the appropriate expertise, to be agreed upon between the parties who
will decide the matter expediently.
29.3 Subject to any other provision to the contrary expressly stated in this Contract, the parties
undertake that in the event of any dispute arising between the parties and until such time as the
dispute has been resolved by arbitration or otherwise, the parties shall, to the extent possible,
continue to adhere to all rights and obligations arising under this Contract.
29.4 Arbitration shall take place in accordance with the rules of the Malta Arbitration Centre as at
present in force. The place of arbitration shall be Malta.
29.5 Failing agreement on the appointment of the arbitrator, or where the appointed arbitrator fails to
start dealing with the matter within fourteen (14) calendar days of the date from when the
arbitrator is appointed, either party may submit the dispute to the Malta Arbitration Centre.
29.6 The parties agree that the arbitral award shall be binding on both parties and shall not be
subject to appeal.
29.7 The costs and fees of the arbitration shall be shared equally between the parties.
GPD Land & Estate Management Information System ITT Page 273
30.0 Documentation
30.01 All Documentation shall be provided in hard copy and/or CD form and, in accordance with the
Programme of Work, at least two (2) weeks prior to delivery for Acceptance Tests.
31.0 Maintenance Services
31.01 The parties undertake to enter into an agreement for the maintenance and support of the
Software.
32.0 Notices
32.01 All notices required to be given herein shall be given in writing and delivered by registered post
or by facsimile transmission confirmed by registered first class post or by any means of
electronic communications.
32.02 Notices sent by registered first class post or recorded delivery shall be deemed to be served
four (4) business days following the day of posting saving evidence that proves otherwise.
Notices sent by facsimile transmission, shall be deemed to be served on the day of
transmission as indicated on the answer back code provided that transmission occurs before
15.00hrs on a working day in which case the time of delivery shall be 08.00hrs of the following
working day.
32.03 Notices sent by electronic data interchange, where such is the established means of
communication between the parties, shall be deemed to be served on the day of transmission if
transmitted before three (3.00 p.m.) on a working day but otherwise on the next working day
subject to verbal acknowledgement of receipt over the phone. In all other cases, notices and
other communication will be deemed to have been served on the day they are actually
received.
32.04 Where a notice is sent using electronic means, the parties recognise and accept all associated
risks including lack of security, unreliability of delivery and possible loss of confidentiality. Such
communications shall be regulated by any relevant legislation in force from time to time.
32.05 All notices and other communication served shall quote the Contract Reference Number.
Notices of termination shall expressly refer to the Clause or sub-Clause under the provisions of
which they are served.
33.0 Statutory Responsibility
GPD Land & Estate Management Information System ITT Page 274
33.01 The Contractor warrants that, while completing the Project, it shall not breach any provisions of
the laws of Malta which are directly related with the Contract.
34.0 Severability
34.01 The parties expressly agree that should any limitation or provision contained in the Contract be
held to be invalid, illegal or unenforceable for any reason, such provision shall be severed and
the remainder of the provisions hereof shall continue in full force and effect as if the Contract
had been executed with the invalid provision eliminated.
35.0 Post Implementation Review
35.01 The Contractor shall conduct an on-site visit to the Location and shall perform a Post
Implementation Review with the assistance of the Customer according to the Programme of
Works. The Contractor shall document any pending issues and shall review the same with the
Customer. The parties shall agree on a period within which to resolve any pending issues. For the
purposes of clause 17.11, all pending issues shall be deemed to be resolved when the Customer
affirms that the Quality Criteria have been fulfilled in all material respects.
36.0 General
36.01 The contractor shall within seven (7) days from the coming into force of this Contract furnish a
guarantee from a local Bank of 10% of the value of the contract in accordance with the
requirements laid down in the ITT.
IN WITNESS WHEREOF, and intending to be legally bound, the parties hereto, having been duly
authorised, execute this Contract on the dates indicated:
<DATE & SIGNATURES, FULL NAMES & DESIGNATIONS>
Executed on behalf of Executed on behalf of
__________________________ ___________________________
GPD Land & Estate Management Information System ITT Page 275
Appendix A – Services and Software
A1. Services
The Contractor shall provide the Customer with the following Services:
A2. Software
The Contractor shall provide the Customer with the following Software:
A.2.1 Third Party Software
A.2.2 Enhancements
GPD Land & Estate Management Information System ITT Page 276
Appendix B – Program of Works
GPD Land & Estate Management Information System ITT Page 277
Appendix C – Project Quality Plan
GPD Land & Estate Management Information System ITT Page 278
Appendix D – End User License Agreement
D.1 End User License Agreement
D.2 Number of Concurrent Users
GPD Land & Estate Management Information System ITT Page 279
Appendix E – Terms of Payment
E.1 Contract Price
E.2 Terms of Payment
E.3 Hourly rates for additional services
GPD Land & Estate Management Information System ITT Page 280
Appendix F – Change Control Procedures
F.1 Change Control Procedures
GPD Land & Estate Management Information System ITT Page 281
Appendix G – Training Appendix
G.1 Training Courses
G.2 Additional Training Charges
GPD Land & Estate Management Information System ITT Page 282
Appendix H – Contact Details
H.1 Contractor Details
H.2 Customer's Details
GPD Land & Estate Management Information System ITT Page 283
Appendix I – Contractor's Response to the Invitation to Tender
GPD Land & Estate Management Information System ITT Page 284
Appendix J – Specifications of Enhancements
GPD Land & Estate Management Information System ITT Page 285
Appendix K – Gaps Log
GPD Land & Estate Management Information System ITT Page 286
Appendix L – Minimum Technical Requirements Equipment and Test Environment
L.1 Minimum Technical Requirements of PCs
L.2 Minimum Technical Requirements of Servers
L.3 Minimum Technical Requirements of Test Environment
GPD Land & Estate Management Information System ITT Page 287
Appendix M – Escrow Agreement
GPD Land & Estate Management Information System ITT Page 288
GPD Land & Estate Management Information System ITT Page 289
Maintenance and Support of the Land and Estate Management
Information System Software
GPD Land & Estate Management Information System ITT Page 290
GPD Land & Estate Management Information System ITT Page 291
Contract for the Maintenance and Support
of the Land and Estate Management Information System
Ref. No. SMxx2003
GPD Land & Estate Management Information System ITT Page 292
CONTRACT
THIS CONTRACT having a reference of
made this ______ day of __________ 2003
BETWEEN:
For and on behalf of xxxxxx
(hereinafter referred to as the "Contractor")
AND
For and on behalf of the
Ministry for Home Affairs and the Environment
(hereinafter referred to as the "Customer")
WHEREAS the Contractor has been engaged to provide the Customer with a Land and Estate
Management Information software package as defined in Contract Ref. No. xxxx;
AND WHEREAS the Customer wishes to enter into a maintenance and support Contract for the
provision of maintenance and support services on the said software as described herein;
AND WHEREAS the Contractor has the necessary skill and expertise to provide such services and has
agreed to provide the Customer with such services;
NOW THEREFORE THIS CONTRACT WITNESSETH that, in consideration of the mutual covenants
and contracts herein contained and subject to the terms and conditions hereinafter set out, the parties
hereto agree as follows:
GPD Land & Estate Management Information System ITT Page 293
Article 1.00 - Definitions
In this Contract the following terms shall have the meanings hereinafter assigned to them unless the
context otherwise requires:
1.01 ‘Software’ means the Third Party Product and the Enhancements listed in Appendix B
including all future Releases;
1.02 ‘Annual Service Charge’ shall mean the charges and other fees, if any, as defined in
Appendix C;
1.03 'Contract' shall mean this Contract between the Customer and the Contractor for the provision
of the Services including all appendices hereto to which reference may properly be made in
order to ascertain the rights and obligations of the parties;
1.04 ‘Contract Period’ shall be a period of three (3) years commencing on the Service
Commencement Date;
1.05 ‘Contractor’ shall be the XXXXXXXXXX and shall include the Contractor’s legal
representatives and permitted assignees;
1.06 'Documentation' shall mean any and all operator’s and user’s manuals, diagrams, plans,
guides, listings and any other materials for use in conjunction with the Software or part thereof
which are to be supplied by the Contractor or which are otherwise supplied by any Sub-
Contractor;
1.07 'Enhancements' shall mean the changes or additions to the Third Party Product identified as
such in Appendix XX;
1.08 ‘Fault’ shall refer to the defect(s) in the Software which prevents it from performing in
accordance with the latest published specifications;
1.09 ‘Location’ means XXXXXX, XXXXXX, XXXXX or any other location in Malta identified by the
Customer;
1.10 'Normal Working Hours' shall mean 0830 to 1730 hours Monday to Friday, excluding Public
Holidays;
1.11 ‘Customer’ shall mean the ministry for Home Affairs and the Environment and shall include the
Customer’s legal representatives, successors and permitted assignees;
1.12 'Service' shall mean the services as described in Appendix A. The parties agree that the
Customer may require amendments to the Service or part thereof. If and when the parties
agree that the Service should be so modified, the parties shall append the new Service
definition to Appendix A, and immediately the new Service definition shall automatically be
deemed to supersede or supplement (as the case may be ) Appendix A;
GPD Land & Estate Management Information System ITT Page 294
1.13 ‘Service Commencement Date’ shall mean that date when the Software is accepted by the
Customer in accordance with the procedures laid down in Contract Ref. No. xxx;
1.14 ‘Sub-Contractors’ shall mean the suppliers of services and/or materials as may be engaged
by the Contractor, with the prior approval of the Customer, to assist it in the provision of the
Service. The Customer’s approval shall not be unreasonably withheld;
1.15 'Third Party' shall mean any person other than the Customer and the Contractor;
1.16 'Third Party Product' shall mean the Name of the Software Package identified in Appendix B;
1.17 'Test Environment' shall mean the technical environment (e.g. PCs, servers, operating
systems, DBMS, communication software and equipment, middleware, etc.) that will be used to
carry out acceptance tests and which should be identical to the Live Environment;
1.18 ‘Live Environment’ shall mean the technical environment (e.g. PCs, servers, operating
systems, DBMS, communication Software and equipment, middleware, etc.) that will be used
by the Customer for its day-to-day operations;
1.19 'Maintenance Agreement' shall mean the maintenance agreement for the provision of
maintenance services on the Third Party Product entered into between the Customer and
Software Package attached as Appendix XX;
1.20 'Release' shall include any new version, enhancement or upgrade of the Software or part
thereof;
Article 2.00 – Scope
2.01 The Contractor shall, throughout the Contract Period, provide the maintenance and support
services (hereinafter referred to as the ‘Service’) defined in Appendix A.
Article 3.00 – Contractor's Responsibilities
3.01 The Contractor shall provide the Service in accordance with the terms and conditions specified
in this Contract and in accordance with the standards laid down herein. To the extent that the
standard of the Service has not been specified in the Contract, the Contractor shall use high
quality materials, techniques and standards and shall provide the Service with a degree of care,
skill and diligence which is reasonably expected from skilled and experienced persons engaged
in such activities.
3.02 In the event that the Customer requires any amendment in and/or addition to the Service,
including but not limited to an amendment in and/or addition to the Service instigated by a
modification to the Software or part thereof, the Contractor undertakes to investigate such
requests of the Customer and following discussion with the Customer, shall provide estimates
GPD Land & Estate Management Information System ITT Page 295
in writing to the Customer regarding (a) the feasibility of offering the requested amendment in
and/or addition to the Service, (b) any changes to the Service Levels identified in Appendix D,
if applicable, and (c) amendments to the Charges if such amendments in and/or additions to
the Service were to take place. Unless otherwise agreed, the daily rates included in Appendix E
shall apply and the rights and restrictions described in this Contract shall automatically be
extended to apply to any amendment in and/or additions to the Service or part thereof to be
carried out by the Contractor. Each change agreed to between the parties must be
incorporated in the Contract using the change control procedure set out in Appendix F.
3.03 In providing the Service, the Contractor shall ensure that its employees, sub-Contractors and
agents shall (i) make every effort to cause as little interference with and inconvenience to the
Customer's business as reasonably possible, and (ii) at all times comply with the safety and
security rules applicable to the Location and any other rules and procedures laid down by the
Customer and (iii) if required, take an oath of secrecy or any other similar undertaking as
required by the Customer.
3.04 The Contractor warrants that the Service shall not infringe upon nor violate any Intellectual
Property Rights of any Third Party, and shall not be libellous or otherwise unlawful.
3.05 The Contractor warrants that the performance of its obligations under this Contract shall not
breach any provisions of the laws of Malta.
3.06 The Contractor warrants that it is appropriately licensed and authorised to provide the Service.
3.07 The Contractor shall, upon request, provide the Customer with up to date service management
reports which will consist of (a) number and type of support calls requested by the Contractor
from the Customer and (b) progress reports showing serviced and pending calls.
Article 4.00 – Customer’s Responsibilities
4.01 The Customer agrees to follow the Incident Reporting Procedures as detailed in Appendix D.
4.02 The Customer will pay the Charges in accordance with the terms of payment detailed in
Appendix C.
4.03 The Customer shall make available to the Contractor all information, facilities and services
reasonably required by the Contractor to provide the Service.
4.04 The Customer shall afford to the Contractor full, safe and supervised access to the Location
and equipment, staff and information as may be reasonably necessary for the Contractor to
perform the Service.
4.05 The Customer shall enter into a Maintenance Agreement with Exchequer Software Ltd. for the
provision of maintenance services on the Third Party Product.
GPD Land & Estate Management Information System ITT Page 296
Article 5.00 – Acceptance of Software Releases, versions and enhancements.
5.01 The parties agree that any Release of the Software shall be tested and installed by the
Contractor on the Customer's Test Environment and the Customer agrees to test the same within thirty
one (31) days from installation. Unless within thirty one (31) days from installation the Customer rejects
the Release on grounds that (a) the Release is faulty or (b) the Release adversely affects the
performance of the Software, the Release shall be deemed accepted by the Customer and shall be
substituted for the former version for the purposes of this Contract.
5.02 If the Customer rejects a Release due to a Fault, the Contractor shall assist the Customer in
enforcing its rights under the Maintenance Agreement attached as Appendix XX. If the Release
is rejected on grounds that it adversely affects the performance of the Software, the Customer
shall establish a reasonable period of time within which the Contractor shall be required to
remedy the defect at it sole expense and re-submit the Release to the Customer for
acceptance.
5.03 Upon acceptance of the Release, the Contractor shall install the same on a Live Environment,
on the disaster recovery servers and on the client computers where applicable.
5.04 Notwithstanding the above, the Customer reserves the right to refuse any Release without
prejudice to its entitlement to any further Release that the Customer may become entitled to
under this Contract.
Article 6.00 – Duration
6.01 The Contract shall come into force on the date of signature and shall be valid for the Contract
Period. The parties agree that, not less than ninety (90) days prior to the expiry of the Contract
Period, the parties shall inform each other in writing of their intention to renew, amend or
terminate this Contract.
Article 7.00 – Termination
7.01 Notwithstanding the provisions of the clause 6 above, the Customer may terminate this
Contract at any time provided that a thirty (30) days written notice is given to the Contractor.
7.02 Either party may terminate this Contract, effective upon written notice to the other, upon the
occurrence of any of the following events: (i) if the other party violates any covenant,
agreement or warranty contained herein in any material respect, or defaults or fails to perform
any of its obligations hereunder in any material respect and fails to remedy such default, failure
or violation within thirty (30) days from a written notice specifying the nature of the default,
failure or violation and requesting the remedy thereof, or (ii) the Contractor is being or has been
wound up or becomes insolvent or enters into liquidation, receivership, administration,
voluntary arrangement or other composition with creditors or some analogous event in each
case, other than for the purposes of a solvent reorganisation.
GPD Land & Estate Management Information System ITT Page 297
7.03 Notwithstanding anything to the contrary expressed or implied, in the case of termination any
Charges due to the Contractor shall reflect the date of termination and shall be set-off against
any sums due to the Customer as a result of the termination.
Article 8.00 – Charges and Terms of Payment
8.01 The Charges payable by the Customer to the Contractor for the provision of the Service are
detailed in Appendix C. These Charges include the software maintenance charge that is due to
Software Package in connection with the Maintenance Agreement entered into by the
Customer for the Third Party Product.
8.02 The Contractor may only adjust the Charges in accordance with increases in the RPI provided
that ninety (90) days prior written notice is given to the Customer and the Customer approves
of such adjustments in writing.
8.02 The Customer shall pay the Charges to the Contractor in accordance with the terms of
payment defined in Appendix C and after a receipt of a proper invoice by the Contractor.
Article 9.00 – Assignment and Subcontracting
9.01 The Contractor may, with the prior written consent of the Customer, sub-contract its obligations
under this Contract provided that the Contractor is not relieved of any of its obligations herein
and shall remain responsible to the Customer for the provision of the Service provided by any
such Sub-contractor.
9.02 Benefits obtained under this agreement are not transferable.
Article 10.00 – Good Faith
10.01 Each party shall at all times act in good faith to achieve the objectives of this Contract.
Article 11.00 – Limitation of Liability
11.01 In no event shall either party be liable to the other in respect of any indirect, consequential or
contingent loss or damage, including, but without limitation to the generality of the foregoing
loss of business or loss of profits.
11.02 In the event that the Contractor fails to meet the Service Levels laid down in Appendix D, the
Contractor shall be liable to a penalty for delay equivalent to one (1) month support credit. The
penalty shall become due for every eight (8) working hours during which any such Fault remains
unresolved. In the event that any such Fault remains unresolved for a period longer than
seventy two (72) hours, the Customer may terminate this Contract with immediate effect upon
GPD Land & Estate Management Information System ITT Page 298
written notice communicated to the Contractor. The maintenance credit shall not be subject to
reduction or abatement.
Article 12.00 – Access to Location
12.01 The Customer shall ensure that the Contractor is granted access to the Locations as may be
required for the execution of the Contract.
12.02 Notwithstanding clause 12.01 the Customer shall have the right to refuse admittance to, or
order the removal from the Location of any person employed by or acting on behalf of the
Contractor who, in the opinion of the Customer (which opinion shall be final) is not a fit and
proper person to be on the Location. The Customer undertakes not to use this right in an
unreasonable manner or in any way which would unnecessarily hinder the Contractor from
satisfactorily fulfilling his obligations under this Contract.
12.03 Action taken under Sub-Article 12.02 shall forthwith be confirmed in writing by the Customer to
the Contractor and shall not relieve the Contractor of its obligations under the Contract.
Article 13.00 – Ownership and Rights
13.01 All rights of ownership including intellectual property or proprietary rights existing prior to the
Service Commencement Date shall belong to the party that owned such rights immediately
prior to he Service Commencement Date.
13.02 Save as may be expressly provided herein, neither party shall gain, by virtue of this Agreement
any rights of ownership including any intellectual property rights owned by the other party.
13.03 In the event of termination of this Agreement, the provisions of this Art. 13 shall continue to
apply.
Article 14.00 – Confidentiality
14.01 Prior to and during the Contract Period it has been and will continue to be necessary for the
parties to mutually exchange certain information, data and material of a proprietary or
confidential nature, whether relating to technical, financial or other matters (hereinafter called
'confidential information'). All confidential information, including the Contract, shall be received
and retained in the strictest confidence by the parties and each recipient hereby agrees that it
will not disclose confidential information to third parties and that it will use such only for the
purpose/s for which it was provided.
14.02 The aforementioned provisions of the above clause shall not apply to any information which:
(a) is lawfully obtained by the recipient from any third party; or
GPD Land & Estate Management Information System ITT Page 299
(b) was already lawfully known to the recipient prior to it being communicated to the latter
by the other party; or
(c) is already in the public domain.
14.03 Nothing in this article 14 shall be understood to give either party a right to request the other
party to disclose any confidential information that is not necessary for the purpose of achieving
the objectives of the Contract.
14.04 This article 14 shall survive the termination or expiry of the Contract.
Article 15.00 – Force Majeure
15.01 Neither party shall be under any liability for any failure, delay or interruption in its performance,
of its respective obligations under this Contract and for any loss or damage arising therefrom
due to force majeure, namely cases or events foreseeable or unforeseeable, reasonably
beyond its control, including but not limited to Acts of God, fire, floods or other catastrophes,
acts of Government or of any civil or military authority, national emergencies, insurrections,
riots, war, strikes, lockouts.
15.02 When such cases or events take place, the party in question shall notify the other parties
hereof in writing as soon as possible.
Article 16.00 – Notices
16.01 All notices required to be given herein shall be given in writing and delivered by registered post
or facsimile or by electronic means to the addresses provided in Appendix F.
16.02 Any communications sent by post shall be deemed to be delivered four (4) business days after
posting and if sent by facsimile shall be deemed to have been received at the time of delivery
as indicated on the answer back code, provided that such time is not beyond normal working
hours in which case the time of delivery is deemed to be 08.00 am of the following working day.
16.03 In the case of communications sent via electronic means, the parties recognise and accept all
associated risks including lack of security, unreliability of delivery and possible loss of
confidentiality.
Article 17.00 – Independent Contractor
17.01 The Contractor is not and shall not hold itself out as an agent, employee or partner of the
Customer.
Article 18.00 – Waiver
GPD Land & Estate Management Information System ITT Page 300
18.01 A waiver of any failure to comply with any term of the Contract must be written and signed by
the aggrieved party. Each waiver must refer to a specific failure to comply and shall not have
the effect of waiving any subsequent failure to comply.
Article 19.00 – Amendment
19.01 The Contract may be amended as often as necessary with the mutual consent of both parties.
The amendments shall be executed in writing, dated and signed by both the Customer and the
Contractor, and attached to the Contract.
Article 20.00 – Entire Contract
20.01 The Contract constitutes the entire Contract between the parties in relation to the matters
covered hereby. There are no other contracts, understandings, representations or warranties,
either collateral, oral or otherwise, in relation to the said matters.
Article 21.00 – Governing Law and Jurisdiction
21.01 The present Contract shall be governed by and construed in all respects in accordance with the
laws of Malta.
21.02 Any dispute, controversy or claim of a predominantly technical nature arising in connection with
this Contract shall be referred in writing, by either party, to a person agreed by both parties
having appropriate expertise. If the dispute, controversy or claim concerns the interpretation or
enforcement of this Contract, such dispute, controversy or claim shall be referred in writing to a
single arbitrator to be agreed between the parties.
21.03 Failing Contract on either of the matters referred to in clause 21.2 within fourteen (14) calendar
days of the date from when the disputes, controversy or claim arises, either party may submit
such dispute, controversy or claim to arbitration in accordance with the rules of the Malta
Arbitration Centre as at present in force. The place of arbitration shall be Malta.
Article 22.00 – General
23.01 Headings to the articles of the Contract are for ease of reference only and shall not affect the
interpretation or construction hereof.
23.02 The singular shall include the plural and vice-versa.
GPD Land & Estate Management Information System ITT Page 301
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be duly executed. Each
party warrants and represents that its respective signatories whose signatures appear below have been
and are on the date of signature duly authorised to execute this Contract.
Authorised Signature Authorised Signature
Name Name
Date Date
The Customer The Contractor
The Ministry for Home Affairs and the
Environment
GPD Land & Estate Management Information System ITT Page 302
The Service Appendix A
Subject to the provision of maintenance services to be provided by Software Package XXXX pursuant
to the Maintenance Agreement attached as Appendix XXX, the Contractor shall provide the following
maintenance and support services:
(a) Respond to the Customer's requests for support relating to the Software in accordance with the
Service Levels in Appendix XXX.
(b) Provide corrective support on the Enhancements and/or the Software as required in
accordance with the Service Levels in xxx. The Customer acknowledges that corrective support
on the Third Party Product is governed by the provisions of the Maintenance Agreement.
(c) Provide revised or updated releases of the Enhancements and replace all previous releases in
accordance with clause 5.
GPD Land & Estate Management Information System ITT Page 303
Software Appendix B
The Contractor shall provide the Service on Software identified hereunder:
Third Party Product
Enhancements
GPD Land & Estate Management Information System ITT Page 304
Charges and Terms of Payment Appendix C
1.0 Charges and Terms of Payment
1.1 The Annual Service Charge for the provision of the Service under this Contract shall be Lmxx
and shall become due upon the lapse of one (1) year from the Service Commencement Date.
1.2 All costs related to the provision of the Service during Normal Working Hours are covered by
the Annual Service Charge agreed to in clause 1.1 above, except for additional support
rendered outside Normal Working Hours that is chargeable at the rate of Lmxx per hour as per
clause 1.3 below.
1.3 The Service shall be provided during Normal Working Hours, In the event that the Customer
requires that the Service is provided outside Normal Working Hours, the rates specified below
shall apply.
XXXXXXXXX
1.4 Should the Service start prior to 1730 hours, between Monday and Friday, no extra charges will
be levied if the Service extends beyond 1730 hours.
2.0 Terms of Payment
2.1 The Customer shall submit payment to the Contractor within ninety (90) days of receipt of a
proper invoice, unless the Customer protests such an invoice during this period. All invoices
from the Contractor to the Customer must specify the Contract Reference Number.
2.2 The Contractor shall invoice the Customer quarterly and in advance.
GPD Land & Estate Management Information System ITT Page 305
Incident Reporting Procedures Appendix D
1.0 Reporting Procedure for Support Calls
1.1 To initiate a technical support request, the Customer shall follow the reporting procedures
contained herein.
1.2 The Customer may initiate a technical support request via e-mail, pager, fax or phone, details
of which are provided in Appendix F. In each case, the Customer shall provide the Contractor’s
technical support personnel with (a) a brief description of the failure and (b) an indication of the
level of priority of the support requested.
1.3 The Contractor will record all support requests on the Field Incident Report Form attached as
Appendix E and shall, in each case, allocate a call reference number. A support request will
only be deemed closed when the Field Incident Report Form is officially endorsed by the
Customer.
2.0 Priority Levels
2.1 Actions taken by the Contractor’s technical support staff shall be based on the level of priority
as indicated by the Customer. The Customer shall follow the guidelines hereunder to determine
the level of priority of the technical support required.
2.2 The Customer may, at any time, escalate the case’s priority by contacting the technical support
personnel of the Contractor.
2.3 Priority Level Definition
Priority Response Time Resolution Time
Alert 1 hours 2 hours
High 2 hours 24 hours
Normal 8 hours 48 hours
3.0 Service Levels
3.1 Within three (3) hours from receipt of the support request, whether written or verbal from the
Customer of an Alert Priority Fault, the Contractor guarantees that the Software is operational
without any degradation to the services being offered.
3.2 In cases where the Alert Priority Fault is causing the Software or part thereof to be unusable by
the Customer, the Contractor undertakes to immediately make available to the Customer a
replacement system or a work-around solution. In case of a Fault in the Software or part
GPD Land & Estate Management Information System ITT Page 306
thereof, the Customer shall be entitled to use the replacement system or workaround solution
(as the case may be) at no additional cost until the Fault has been remedied.
3.3 Within twenty-six (26) hours from receipt of the support request, whether written or verbal, from
the Customer of an High Priority Fault the Contractor guarantees that the Concentrator is
operational in its normal mode.
3.4 Within fifty-six (56) hours from receipt of the support request, whether written or verbal, from
the Customer of an Normal Priority Fault the Contractor guarantees that the Concentrator is in
operational mode.
3.5 The Contractor may need to have standby equipment to meet in full the above Service Levels.
GPD Land & Estate Management Information System ITT Page 307
Field Incident Report Form Appendix E
Field Incident Report
Date
MITTS Call Ref No Supplier Ref No Fax No
Details of Person Raising Request Affected User Details
Name Name
ID Card No ID Card No
MITTS MITTS
Dept Dept
Tel No Fax No Tel No Fax No
Type of Make/ Serial
Equipment Model Number
Incident Details - Description of Incident Priority
ALERT
HIGH
MEDIUM
LOW
Please tick with a the
Appropriate box
Legend
ALERT Critical/Abnormal
Support
HIGH System Down
MEDIUM Preventing Normal
Use
LOW Inconvenient /
Assistance Required
Invoice To MITTS AS ABOVE OTHER
Client Authority Signature (NAME IN BLOCK LETTERS) Designation
For Office Use Only
Call Logger User Info Updated
Yes No
Assigned To Date
GPD Land & Estate Management Information System ITT Page 308
Contact Details Appendix F
Contractor’s and Customer’s Contact Details
Contractor Customer
Name
Address
Tel No.
Fax No.
E-Mail
GPD Land & Estate Management Information System ITT Page 309
Maintenance and Support of the Land and Estate Management
Information System Hardware
GPD Land & Estate Management Information System ITT Page 310
CONTRACT
THIS CONTRACT having a reference of 999/03
made this ________day of__________________2003
BETWEEN:
on behalf of the
XXXXXXX
(hereinafter called the "Contractor")
AND
on behalf of the
Ministry for the Home Affairs and the Environment
(hereinafter called the "Customer")
WHEREAS, the Customer, having acquired computer hardware items supplied by the Contractor,
desires that each unit of such Hardware and the solution in toto is kept serviced and maintained to
ensure its efficient and uninterrupted running and therefore needs to engage the Contractor for the
services hereinafter described whenever the need so arises;
AND WHEREAS the Contractor has the necessary skill and expertise to provide such services; and is
qualified to do business wherever necessary to carry out the terms of this Contract;
NOW THEREFORE THIS CONTRACT WITNESSETH that, in consideration of the mutual covenants
and contracts herein contained and subject to the terms and conditions hereinafter set out, the parties
hereto agree as follows:
GPD Land & Estate Management Information System ITT Page 311
Article 1.00 - Definitions
In this Contract the following terms shall have the meanings hereinafter assigned to them unless the
context otherwise requires:
1.01 ‘Charges’ shall mean the charges and other fees, if any, as defined in Appendix ‘A’.
1.02 ‘Commissioning’ shall mean the signing of the User Acceptance Certificate of the Total
Solution as appended in Appendix F.
1.03 'Contract' shall mean this agreement between the Customer and the Contractor for the
provision of the services described herein, including all appendices hereto, to which reference
may properly be made in order to ascertain the rights and obligations of the parties.
1.04 ‘Contract period’ means the period defined in Appendix A.
1.05 ‘Contractor’ shall include the Contractor’s legal personal representatives and permitted
assigns.
1.06 'Documentation' shall mean manuals, drawings, plans and other documents associated with
the Service.
1.07 ‘Guarantee’ shall mean a Guarantee on the Total Solution provided from the date of
commissioning.
1.08 ‘Hardware’ shall mean the computer hardware and the relevant software and computer
language as listed in Appendix D.
1.09 ‘Hardware Warranty’ shall mean one-year warranty on Hardware from the date of
Commissioning.
1.10 ‘Location’ shall mean pre-defined areas where the Service is to be provided.
1.11 ‘Alert Priority Fault’ refers to any fault which renders unavailable any service provided and no
workaround is available.
1.12 ‘High Priority Fault’ refers to any fault that degrades the level of the Service and a
workaround is either available or not available.
1.13 ‘Normal Priority Fault’ refers to any fault other than 1.11 or 1.12.
1.14 'Normal Working Hours' shall mean, 0800 to 1700 hours Monday to Friday, both inclusive,
but excluding Maltese public holidays.
1.15 ‘Permitted Users’ shall be the persons using the services provided over the framework.
1.16 ‘Response Time’ shall mean two (2) hours unless otherwise requested by the Customer in
writing.
1.17 'Service' shall mean each of the services as described in Appendix ‘B’.
GPD Land & Estate Management Information System ITT Page 312
1.18 'Software' shall mean each of the software products as described in Appendix ‘D’.
1.19 ‘Sub-Contractors’ shall mean the suppliers of services and materials as may be engaged by
the Contractor, with prior approval of the Customer, to assist it in the provision of the Service.
The Customer’s approval shall not be unreasonably withheld.
1.20 ‘Total Solution’ shall include all components listed in Schedule D.
1.21 'Third Party' shall mean any person other than the Customer or the Contractor.
1.22 ‘Working Hours’ shall mean twenty-four hours a day and seven days a week throughout the
year.
Article 2.00 – The Service
2.01 The Contractor undertakes to provide the Services throughout the Contract Period.
2.02 The standard of the Service shall be in accordance with the Contract. To the extent that the
standard of the Service has not been specified in the Contract, the Contractor shall use high
quality materials, techniques and standards and provide the Service with care, skill and
diligence.
2.03 The Contractor shall take care to ensure that in providing the Service it does not unreasonably
interfere with the Customer's business.
2.04 The Contractor undertakes to investigate requests of the Customer to carry out changes and
additions to the Service. Following evaluation of the request, the Contractor, following
discussion with the Customer, may either: -
(i) Provide reasonable estimates in writing of the time, resources and costs which are in
line with the charges or;
(ii) Refuse the request, should the request be unreasonable.
Unless otherwise agreed, the rights and restrictions described in this Contract shall
automatically be extended to apply to any changes and additions to the Service to be carried
out by the Contractor.
2.05 The Contractor shall conduct any preventive maintenance work to ensure a good quality
Service without unreasonably interrupting the Customer. In this respect the Customer shall
provide access to the Location outside Normal Working Hours when requested by Contractor
and agreed to by the Customer.
2.06 The Contractor shall submit to the Customer an updated version of the Documentation
following any change or modification. Such updated version of the Documentation must be
appended to this Contract.
Article 3.00
GPD Land & Estate Management Information System ITT Page 313
Intentionally left blank
Article 4.00 – Responsibilities of the Customer
4.01 The Customer shall afford to the Contractor full, safe and supervised access to the Location,
Hardware, Software and other equipment, staff and information as may be reasonably
necessary for the Contractor execute the Contract.
4.02 The Customer will perform acceptance tests in accordance with acceptance criteria agreed by
both parties.
4.03 The Customer agrees to follow the procedures as detailed in Appendix B.
4.04 The Customer will pay the Charges against a presented invoice by the Contractor as detailed in
Appendix A.
4.05 The Customer shall ensure that environmental and power supply conditions for the Hardware
are maintained in accordance with the manufacturer’s recommendations.
4.06 The Customer shall ensure consistent periodical backup of data and system files as necessary
to guarantee Total Solution integrity after any service event.
Article 5.00 – Contractor’s Warranties and Responsibilities
5.01 The Contractor will ensure that any of its employees, Sub-Contractors, or agents, whilst on the
Location shall: -
(i) Make every effort to cause as little interference with and inconvenience to the
Customer's business as reasonably possible;
And
(ii) At all times comply with the safety, security and other reasonable rules and regulations
applicable at the Location;
And
(iii) If required, take an oath of secrecy or any other similar undertaking as required by the
Customer.
5.02 The Contractor warrants and shall ensure that the Total Solution shall be operational and
available for use by the Customer and the Permitted Users for at least 98% of Working Hours
during the term of this Contract and any extension hereof.
5.03 The Contractor also endeavours to work in close collaboration with the Customer to prevent
any undue access to information, as well as any disclosure, copying or distribution. The
contractor shall at the request of the Customer afford all reasonable assistance for the purpose
of contesting any claim based on the content of this information.
GPD Land & Estate Management Information System ITT Page 314
5.04 The Contractor warrants that the Service shall not infringe upon nor violate any patent,
copyright, trade secret, or any right of Third Party, and shall not be libellous or otherwise
unlawful.
5.05 The Contractor warrants that, while performing the Service, it shall not breach any provisions of
the laws of Malta.
5.06 The Contractor warrants that he is appropriately licensed and authorised to provide the
Service.
5.07 The Contractor guarantees the availability of spare parts for a period of three (3) years from the
coming into force of the Contract.
Article 6.00 – Duration
6.01 The Contract shall be valid for the Contract Period as specified in Appendix A. Thereafter the
Contract may be reviewed and renewed by agreement between the two parties.
Article 7.00 – Termination
7.01 A party may terminate this Agreement by giving 30 (thirty) days written notice to the other party
if:
(a) the other party commits a material breach of any of its obligations under this Agreement
which is incapable of remedy; or
(b) the other party fails to remedy a material breach of its obligations under this Agreement
where it is capable of remedy, or persists in any breach of any of its obligations under this
Agreement (save as to payment) after having been required in writing to remedy or desist
from such breach within a period of 30 days.
7.02 A party may terminate this Agreement immediately if the other party:
(a) becomes insolvent, is wound up, goes into liquidation or enters into any form of
external administration;
(b) enters into any scheme of arrangement with its creditors; or
(c) becomes subject to court supervision, whether voluntarily or not.
7.03 Upon the termination of this Agreement for any reason:
(a) the Client shall forthwith cease to use, either directly or indirectly, any property
provided or supplied directly or indirectly by the Company;
(b) subject as provided in this Clause, and except in respect of any accrued rights, neither
party shall be under any further obligation to the other under this Agreement.
GPD Land & Estate Management Information System ITT Page 315
7.04 In the event of termination of the Contract not due to material breach by the Contractor, the
provisions of Section 1640 of the Civil Code, Cap 16, shall apply.
7.05 If the Client terminates this Agreement in terms of sub-clauses 7.1 and 7.2 of this Clause, any
sums paid to the Company prior to termination of this Agreement shall be applied to the sums
due in terms of this sub-clause and any balance which may be due to the Company or the
Client (as the case may be) following the application of the provisions of this clause shall be
due and payable forthwith.
Article 8.00 – Charges and Terms of Payment
8.01 Saving Sub-Article 2.04, and during the term of this Agreement, the Customer and the
Contractor may adjust the Charges only if both parties agree that the Service merits an
adjustment in the Charges.
8.02 The Charges shall be increased to include the maintenance of additional Hardware to be
covered by the Contract.
8.03 Payment of all Charges by the Customer will be due to the Contractor in accordance with the
terms of payment defined in Appendix ‘A’ and after a receipt of a proper invoice by the
Contractor.
Article 9.00 – Assignment and Subletting
9.01 The Contractor may employ Sub-Contractors to assist it in the provision of the Service to the
Customer following approval by the Customer, which approval shall not be unreasonably
withheld. The provision in this Sub-Article 9.01 does not relieve the Contractor of its obligations
under the Contract.
9.02 Neither the Customer nor the Contractor shall assign, pledge or transfer this Contract or any of
the rights or obligations therein without the prior written consent of the other party.
Article 10.00 – Good Faith
10.01 Each party shall at all time act in good faith to achieve the objectives of this Contract.
Article 11.00 – Limitation of Liability
11.01 In no event shall either party be liable to the other in respect of any indirect, consequential or
contingent loss or damage, including, but without limitation to the generality of the foregoing,
loss of business or loss of profits.
11.02 If the Service levels documented in Appendix B, 1.3 are not met, the Customer may apply a
penalty in accordance to paragraph 1.4 Penalties Appendix B. The said penalties shall not be
subject to reduction or abatement.
GPD Land & Estate Management Information System ITT Page 316
11.03 The Customer is required to notify the Contractor of any claim under Article 11.02 within ten
(10) days of the Customer suffering any non-compliance with the agreed service levels.
11.04 Subject to clause 7, in no event shall either party be liable for any indirect, incidental, special,
consequential or any other similar damages arising from or relating to this agreement whether
or not it has been informed of the possibility of such damages in advance. The parties shall
have no liability, inter-alias, for lost revenues, lost profits or business interruption. In the event
either party is, for any reason, found liable for any remedy the total liability of the company with
respect to all causes of action together shall not exceed the total annual charge.
Article 12.00 – Access to Locations
12.01 Notwithstanding Sub-Article 4.01 the Customer and the Permitted Users shall have the right to
refuse admittance to, or order the removal from, the Location of any person employed by or
acting on behalf of the Contractor who, in the opinion of the Customer (which opinion shall be
final) is not a fit and proper person to be on the Location. The Customer undertakes not to use
this right in an unreasonable manner or in any way that could hinder the Contractor from
satisfactorily fulfilling his obligations emanating from the Contract.
12.02 Action taken under Sub-Article 12.01 shall forthwith be confirmed in writing to the Contractor by
the Customer and shall not relieve the Contractor of its obligations under the Contract.
12.03 The Customer shall provide to the Contractor a detailed list of authorised contact persons with
names, job title, telephone - fax numbers etc. to be referenced by the Contractor to gain access
to the Location especially outside Normal Working Hours.
Article 13.00 – Ownership and Rights
13.01 All Hardware, Software, materials and Documentation of the Customer shall remain the
exclusive property of the Customer.
Article 14.00 – Confidentiality
14.01 The Contractor recognises that all information residing on the Hardware is the exclusive
property of the Customer. The Contractor will guarantee that it will use its best endeavours to
ensure that its employees, or Sub-Contractors engaged by it, will not intercept any information
belonging to the Customer, unless expressly ordered to do so by a court of law or by any other
competent authority according to law.
14.02 Prior to and during the Contract Period it may be necessary for the parties to mutually
exchange certain information, data and material of a proprietary or confidential nature, whether
relating to technical, financial or other matters (hereinafter called 'confidential information'). All
confidential information, including the Contract, shall be received and retained in the strictest
confidence by the parties and each recipient hereby agrees that it will not disclose confidential
information to Third Parties and that it will use such only for the purpose/s for which it was
provided.
GPD Land & Estate Management Information System ITT Page 317
14.03 The aforementioned provisions of the above clause shall not apply to any information which:
(a) is lawfully obtained by the recipient from any Third Party; or
(b) was already lawfully known to the recipient prior to it being communicated to
the latter by the other party; or
(c) is already in the public domain.
14.04 Nothing in this article 14 shall be understood to give either party a right to request the other
party to disclose any confidential information which is not necessary for the purpose of
achieving the objectives of the Contract.
14.05 This Article 14 shall survive for a period of three years following expiry or termination of the
Contract.
Article 15.00 – Force Majeure
15.01 Neither party shall be under any liability for failure to perform any of its obligations herein where
such failure arises from an event beyond that party’s reasonable control, including, but not
limited to, Acts of God (including weather of exceptional severity, floods, lightning or fire),
general or local strikes (whether or not involving Contractor or Customer and Permitted Users),
international or local industrial disputes or emergency, acts or omissions of Government or
other competent authorities, fire or destruction of the Contractor’s, Customer’s or Permitted
Users works or materials, insurrection or other civil disorder, war or military operations,
explosions, subsidence.
Article 16.00 – Notices
16.01 Any notice or other communication required to be given under this Contract shall be served
personally or by registered post or by facsimile to the following addresses:
GPD Land & Estate Management Information System ITT Page 318
Contractor: XXXXX
Tel: 999999
Fax: 999999
Customer: Ministry for Home Affairs and the Environment
Tel: 999999
Fax: 999999
Or such other addresses as may from time to time be notified by the Parties and any such
notice or communication shall be deemed duly served when it is so received.
Article 17.00 – Independent Contractor
17.01 The Contractor is not and shall not hold itself out as an agent, employee or partner of the
Customer.
Article 18.00 – Waiver
18.01 A waiver of any failure to comply with any term of the Contract must be written and signed by
the aggrieved party. Each waiver must refer to a specific failure to comply and shall not have
the effect of waiving any subsequent failures to comply.
Article 19.00 – Amendment
19.01 The Contract may be amended from time to time as necessary with the mutual consent of both
parties. The amendments shall be executed in writing, dated and signed by both the Customer
and the Contractor, and attached to the Contract.
Article 20.00 – Entire Contract
20.01 The Contract constitutes the entire agreement between the parties in relation to matters
covered hereby. There are no other contracts, understandings, representations or warranties,
collateral, oral or otherwise, in relation to the said matters.
Article 21.00 – Governing Law and Jurisdiction
21.01. The present Contract shall be governed by and construed in all respects in accordance with the
laws of Malta.
21.02. Any dispute of a predominantly technical nature arising in connection with this Agreement shall
be referred in writing by either party to a person agreed by both parties having appropriate
GPD Land & Estate Management Information System ITT Page 319
expertise. Any dispute arising out of or in connection with this Agreement including any
question regarding its interpretation validity or termination shall be referred in writing to a single
arbitrator to be agreed between the parties who will decide the matter expediently.
21.03. Failing agreement on the appointment of the arbitrator or where the appointed arbitrator fails to
start dealing with the matter expediently within fourteen (14) calendar days of the date from
when the dispute arises, either party may submit such dispute to arbitration in accordance with
the rules of the Malta Arbitration Centre as at present in force. The place of arbitration shall be
Malta.
Article 22.00 – Supervening Illegality and Severance
22.01 If any term or provision in this Contract shall be held to be illegal or unenforceable, in whole or
in part, under any enactment or rule of law, such term or provision or part thereof shall to that
extent be deemed not to form part of this Contract. The validity and enforceability of the
remainder of this Contract shall not be affected.
Article 23.00 – General
23.01 Headings to the articles of the Contract are for ease of reference only and shall not affect the
interpretation or construction hereof.
23.02 The singular shall include the plural and vice-versa. Definitions may be used in the singular or
in the plural.
Article 24.00 – Coming into Force
24.01 The effective date of coming into force of the Contract is the date when both parties shall have
signed this Contract.
GPD Land & Estate Management Information System ITT Page 320
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be duly executed. Each
party warrants and represents that its respective signatories whose signatures appear below have been
and are on the date of signature duly authorised to execute this Contract.
Authorised Signature Authorised Signature
Name Name
Date Date
The Customer The Contractor
Ministry for Home Affairs and the Environment
GPD Land & Estate Management Information System ITT Page 321
General Conditions Appendix A
1. Contract Period
Contract Period shall be between ________, 9999 and ________, 9999 and such extensions as may
be agreed by the parties pursuant to Article 6.
2. Scope
The Contractor shall provide to the Customer any corrective maintenance service necessary to ensure
a 24 x 7 accessibility of the Total Solution.
The Contractor shall on a six-month basis service the Total Solution with scheduled preventive
maintenance in agreement with the Customer as provided in Appendix E.
The Contractor shall provide to the Customer Maintenance Service for Hardware as in Appendix D.
3. Management Reporting
The Contractor shall, on a monthly basis provide the Customer with up to date service management
reports that will consist of: -
• Number and Type of Calls received;
• Progress Reports showing serviced and pending calls.
The Contractor shall also, upon request, provide the Customer with similar reports.
4. Charges
(a) The total annual maintenance fee for the first year shall be Lm99999 and this is inclusive of
percentage of the duty paid price of Hardware and Software. This fee shall cover the cost of
repairs, replacement and labour, except for those labour services rendered outside Normal
Working Hours. Labour services rendered outside Normal Working Hours shall be
chargeable at the rates in Appendix A sub-clause 4 (g).
(b) The total annual maintenance fee for the second year and third year shall be Lm99999
respectively and this is inclusive of percentage of the duty paid price of Hardware and
Software. This fee shall not cover the cost of repairs and replacement but shall cover labour
services rendered within Normal Working Hours. Labour services rendered outside Normal
Working Hours shall be chargeable at the rates in Appendix A sub-clause 4 (g).
(c) Transport Costs with respect to any delivery of Hardware to the Location shall be borne by
the Contractor.
(d) Free unlimited phone/fax/e-mail support.
GPD Land & Estate Management Information System ITT Page 322
(e) Labour charges for support rendered outside Normal Working Hours are chargeable at the
following rates:
Monday to Friday (17:00 - 24:00, 00:00 - 08:00) Lm99999 per hour,
minimum X hours per event
Saturday (8:00 – 17:00) Lm99999 per hour,
minimum x hours per event
Saturday (17:00 – 24:00, 00:00 – 08:00) Lm99999 per hour,
minimum x hours per event
Sundays and Public Holidays (8:00 – 17:00) Lm99999 per hour,
minimum x hours per event
Sundays & Public Holidays Lm99999 per hour,
(17:00 – 24:00, 00:00 – 08:00) minimum x hours per event
All the above charges are exclusive of VAT.
(f) Saving the provisions of the clause 6.01 above, charges for renewed services and support
beyond the term of the contract period may be revised but in any case shall not be higher
than the increase as reflected in the Retail Price Index.
5. Terms of Payment
The Customer shall submit payment within 90 days of receipt of a proper invoice unless the Customer
protests such an invoice during this period. The Contractor must specify the Contract Reference
Number. Invoices for support services and transport rendered outside Normal Working Hours shall be
paid by the Customer within sixty (90) days from the date of the service.
The Contractor shall invoice the Customer quarterly in advance on the fixed charge as detailed in
Appendix A clause 4.a.
The Contractor shall invoice the Customer for any other service as detailed in Appendix A clause 4.(a)
and (b) after the service has been rendered. The Customer shall settle these invoices within 90 days
from presentation.
6. Contact Details
Customer Contractor
Contact E-mail address: Contact E-mail address:
Person Person
Contractual
Financial
Technical
GPD Land & Estate Management Information System ITT Page 323
The Service Appendix B
1.1 Maintenance & Support
The Contractor shall provide the Customer with
A scheduled six-months Preventive Maintenance of the Total Solution as per Appendix E and in
agreement with the Customer;
Corrective Maintenance of the Total Solution within the Service Levels described in 1.3 below.
The Contractor shall, at his expense, maintain substitute hardware to act as a standby and emergency
unit in case where the corrective maintenance of the Total Solution will exceed the service levels
identified in 1.3 below. This unit shall be more or less of the same power and speed as required by the
Total Solution.
1.2 Reporting of Faults
• Service requests arising during Normal Working Hours shall be reported by the Customer on
telephone numbers 99999, on fax number 9999 or by e-mail at xxxx@xxxxxxxxx.
• Service requests arising after Normal Working Hours are to be reported on Mobile No. xxxxxxxxxx
• Telephone reports should be confirmed in writing on fax number 999999 or via e-mail at
xxxxx@xxxxxxxxxx by using the fault report form in Appendix C.
The Contractor shall communicate to the Customer any changes in the above contact telephone
numbers.
1.3 Service Level Definition
(i) The Contractor shall provide 24hours by seven days a week maintenance and support service.
(ii) The Customer shall define the priority level of the fault.
(iii) Total Solution Service Level:
Priority Response within Resolution of Incident within
Alert 15 minutes 2 hours
High 2 hours 24 hours
Normal 4 hours 48 hours
GPD Land & Estate Management Information System ITT Page 324
(iv) Within two (2) hours from receipt of the service request notice, whether written or verbal, from
the Customer of an Alert Priority Fault the Contractor guarantees that the Total Solution is up
and running, irrespective of whether such service request is made within or outside Normal
Working Hours. Should there be a need for re-installation or configuration/reconfiguration of
any component of the Total Solution then the fix time to provide the Total Solution operable
shall not exceed 24 hours from receipt of notice. This provision will apply irrespective of the
cause of the fault.
(v) Within twenty-four (24) hours from receipt of the service request notice, whether written or
verbal, from the Customer of an High Priority Fault the Contractor guarantees that the Total
Solution is up and running, irrespective of whether such service request is made within or
outside Normal Working Hours. Should there be a need for re-installation or
configuration/reconfiguration of any major component of the Total Solution the fix time to
provide the Total Solution operable shall not exceed 24 hours from receipt of notice. This
provision will apply irrespective of the cause of the fault.
(vi) Within forty-eight (48) hours from receipt of the service request notice, whether written or
verbal, from the Customer of an Normal Priority Fault the Contractor guarantees that the Total
Solution is up and running, irrespective of whether such service request is made within or
outside Normal Working Hours. Should there be a need for re-installation or
configuration/reconfiguration of any major component of the Total Solution the fix time to
provide the Total Solution operable shall not exceed 48 hours from receipt of notice. This
provision will apply irrespective of the cause of the fault.
1.3.1 Alert Priority Fault
(i) Alert Priority Faults reported by the Customer shall be rectified as per B1.3 (iii).
(ii) Alert Priority Faults are chargeable as per Appendix A 4.
(iii) Alert Priority Faults are to be reported as per Appendix B 1.2.
1.3.2 High Priority Fault
(i) High Priority Faults reported by the Customer shall be rectified as per B1.3 (iv).
(ii) At the request of Customer, High Priority Faults shall be escalated to Alert Priority Faults. High
Priority Faults are chargeable as per Appendix A 4.
(iii) High Priority Faults are to be reported as per Appendix B 1.2.
1.3.3 Normal Priority Fault
(i) Normal Priority Faults reported by the Customer shall be rectified as per B1.3 (iv).
(ii) At the request of Customer, Normal Priority Faults shall be escalated to Alert Priority Faults.
(iii) Normal Priority Faults are chargeable as per Appendix A 4.
GPD Land & Estate Management Information System ITT Page 325
(iv) Normal Priority Faults are to be reported as per Appendix B 1.2.
1.4 Penalties
The Contractor shall become liable to a penalty charge of Lm xxxxx an hour for mere delay in rendering
the service as stipulated in this Contract. The penalty shall be subject to a maximum amount of Lm
xxxxx per day and in any case shall not exceed one-fourth of annual maintenance charge. This penalty
shall be offset against the annual maintenance charge.
1.5 Contractor’s Help Line Contacts
Tel Number:
Fax Number:
e-mail address:
pager:
mobile:
During Normal Working Hours
After Working Hours
1.6 Customer’s Contacts
Technical Contact:
Telephone:
e-mail:
Technical Contact:
Telephone:
e-mail:
GPD Land & Estate Management Information System ITT Page 326
Field Incident Report Appendix C
Field Incident Report
Date
MITTS Call Ref No Supplier Ref No Fax No
Details of Person Raising Request Affected User Details
Name Name
ID Card No ID Card No
MITTS MITTS
Dept Dept
Tel No Fax No Tel No Fax No
Type of Make/ Serial
Equipment Model Number
Incident Details - Description of Incident Priority
ALERT
HIGH
MEDIUM
LOW
Please tick with a the
Appropriate box
Legend
ALERT Critical/Abnormal
Support
HIGH System Down
MEDIUM Preventing Normal
Use
LOW Inconvenient /
Assistance Required
Invoice To MITTS AS ABOVE OTHER
Client Authority Signature (NAME IN BLOCK LETTERS) Designation
For Office Use Only
Call Logger User Info Updated
Yes No
Assigned To Date
GPD Land & Estate Management Information System ITT Page 327
Schedule of Equipment Appendix ‘D’
Hardware Products
Description Qty Serial Number
GPD Land & Estate Management Information System ITT Page 328
Services
Configuration, Implementation and Testing of the Framework
Software Products
The following Software Products will be provided by the Contractor for the provision of a Total Solution:
Description Qty Serial Number
GPD Land & Estate Management Information System ITT Page 329
Preventive Maintenance Appendix ‘E’
The following is a brief description of the tasks to carry out the preventive maintenance service:
1. Cleaning and inspection of hardware
2. Running of tests on hardware and software
3. Booting up of system and reviewing booting messages
4. Review latest log files and investigate any error messages
5. Address and fix any issues arising from 1 to 4 above
GPD Land & Estate Management Information System ITT Page 330
Configuration Appendix ‘F’
Configuration Documentation Version: Final Version dated xxxxxxxxx
GPD Land & Estate Management Information System ITT Page 331
Certificate of Acceptance Appendix ‘G’
Project Works: User Acceptance Test Plan
Project Code:
Project Name:
Stage/Milestone Delivered:
Parties Concerned
Customer:
Managing Department/Group/Team:
Supplier/Contractor:
Concurrence
“We the undersigned declare that the Application Test Report – User Acceptance Testing Section
meets all quality requirements and that thorough testing of the application, subject to agreed project
constraints, has been carried out.“
Name Signature Date
Project Sponsor:
Project Manager:
Test Team Manager:
Test Team Co-ordinator:
Qualifications
GPD Land & Estate Management Information System ITT Page 332
Escrow Agreement
AGREEMENT NO.
Source Code Escrow Agreement
An agreement entered into today the _____________ day of _________________ 2003.
Between, of the one part
for and on behalf of the XXXXXXXXXXXX, hereinafter referred to as the 'Licensor';
Of the second part,
for and on behalf of the Ministry for Home Affairs and the Environment, hereinafter referred to as the
Licensee; and
Of the third part,
for and on behalf of XXXXXXXXXXXX, hereinafter referred to as the Escrow Agent.
WHEREAS
1. The Licensor has granted to the Licensee the right to use certain computer programs in object form
and shall agree to support the programs but wishes to maintain their confidentiality, and;
2. The Licensee is desirous of being assured that the source code, documentation and related
materials for such programs will be made available to it for the purposes of self support only, if
certain events named herein occur, and;
3. The Licensor and Licensee deem it expedient and in their mutual best interest to place the said
source code, documentation and related materials into Escrow with the Escrow Agent on the terms
below described.
NOW THEREFORE the parties agree as follows:
1. ESCROW MATERIALS
GPD Land & Estate Management Information System ITT Page 333
1.1 The computer programs to which this agreement applies are those named in the List of Escrow
Programs contained in Schedule B. A program shall consist of the source code magnetically
stored, and such supporting documentation and related materials that are necessary for a
reasonably competent programmer to routinely maintain and modify such programs. The programs
shall be collectively referred to herein as the Software.
GPD Land & Estate Management Information System ITT Page 334
2. DELIVERY AND CERTIFICATION
The following procedure shall be adopted for the presentation and certification of the Software into
escrow.
2.1 The Escrow Agent shall supply to the Licensor a standard size receptacle, which is capable of
being sealed, and in which the Software shall be stored.
2.2 Within ten (10) working days from the issue of a Final Acceptance Certificate under the Land and
Estate Management Information System Software and Services (Contract Ref No.999/03) with the
Licensor, the Licensor shall present the Software to the Licensee for verification and sealing at the
premises of the Licensee.
2.3 Both the Licensor and Licensee shall together verify that the materials presented by the Licensor
are the authentic Software named in clause 1.
2.4 The Licensor and Licensee in the presence of each other shall seal the Software so verified into
the receptacle supplied by the Escrow Agent and shall certify its authenticity by their signatures
across the seal.
2.5 The Licensor shall immediately deliver to the Escrow Agent the sealed receptacle to hold in
escrow.
2.6 The Escrow Agent shall hold the receptacle in its sealed state and shall not open, cause or permit
it to be opened under any circumstances whatsoever. The Escrow Agent shall, pursuant to the
terms of this agreement, deliver back the sealed receptacle to either the Licensor or Licensee as
the case may be upon receipt of written notification.
3. NEW SOFTWARE RELEASES
3.1 Upon the release of a new revision of the Software, which the Licensee is entitled to by its license
to use, the source materials for each such revision may be inspected by the Licensee and shall
then be incorporated into this agreement and lodged in escrow under the same procedure outlined
under clause 2. Upon receipt by the Escrow Agent of a new version, earlier versions of the
Software then being held by the Escrow Agent shall be returned to the Licensor.
GPD Land & Estate Management Information System ITT Page 335
4. EVENTS CAUSING RELEASE
The Software shall be held in escrow by the Escrow Agent until the earliest of the following events:
4.1 The occurrence of any of the following events:
(a) The termination of the Contract for the provision of the Land and Estate Management
Information Software and Services (Contract Ref No.999/03) with the Licensor;
(b) The termination or expiry caused or permitted by the Licensee of the Software maintenance and
support services agreement.
4.2 The termination of this agreement by consent of:
(a) The Licensor and Licensee;
(b) The Licensee alone.
4.3 The occurrence of any of the following events:
(g) the Licensor shall become insolvent or bankrupt or makes an arrangement with its creditors or
go into compulsory or voluntary liquidation except for the purpose of bona fide amalgamation
and reconstruction, or
(h) the Licensor admits in writing to its insolvency or inability to pay mature debts, or consents in
writing to the appointment of a trustee or receiver for itself; or
(i) under the provisions of any law for the relief or aid of debtors, any court of competent
jurisdiction assumes custody or control of the Licensor's assets, and such custody or control is
not terminated within sixty (60) days from the date of assumption thereof; or
(j) there is a material change of control of the Licensor where it may be reasonably anticipated that
it will have a material effect on such party’s ability to perform its obligations under the principal
contract (Contract Ref No.999/03);or
(k) a material amendment is effected to the objects clause of the Memorandum & Articles of
Association of the Licensor.
GPD Land & Estate Management Information System ITT Page 336
5. RETURN TO THE LICENSOR
The Escrow Agent shall deliver the Software back to the Licensor if any of the events named in clause
4.1 or 4.2 occurs before any of the events named in clause 4.3, provided that a Termination Notice in
the form set out in Schedule A and signed by the Licensor and Licensee has been delivered to the
Escrow Agent.
6. RETURN TO LICENSEE
The Escrow Agent shall deliver the Software to the Licensee if any of the events named in clause 4.3
occurs before any of the events named in clause 4.1 or 4.2, provided that the procedure set out below
has been followed and the conditions met.
(a) The Licensee has delivered to the Escrow Agent a written request for the release of the Software
stating the reasons for its request with reference to the events named in clause 4 of this agreement.
The request must also contain evidence confirming the existence of the referenced event.
(b) A copy of the request has been delivered by the Escrow Agent to the Licensor.
(c) No dispute in writing has been received by the Escrow Agent from the Licensor within fifteen (15)
days of the Licensor's receipt of the Licensee's request.
7. DISPUTES AND ARBITRATION
If the Licensor enters a dispute as contemplated by Section 6(c) then the procedure set out below shall
be followed before the Software is delivered to the Licensee.
(a) The Licensor and Licensee shall within ten (10) working days after the entering of a dispute name
an arbitrator to decide whether the Licensee is entitled to receive the Software. If they are unable to
agree upon the selection of an arbitrator then the Escrow Agent shall make the said selection.
(b) The arbitration shall otherwise be conducted in accordance with the Rules of the Malta Arbitration
Center and the Escrow Agent shall within ten (10) working days carry out the decision of the
arbitration.
(c) In addition to such other powers as may be conferred on the arbitrator under the Arbitration Act
1996 the arbitrator shall be empowered to decide whether an event described in clause 4 has
occurred, whether all other conditions for release have been met, and to order release. The
arbitrator’s decision shall be binding.
(d) The Licensor and Licensee shall each pay one half of the fees and charges of the arbitration.
GPD Land & Estate Management Information System ITT Page 337
8. REPRESENTATION
The Licensor represents that the Software does not require any special storage or environment other
than normal office environment.
9. DUTIES OF ESCROW AGENT
9.1 The Escrow Agent shall store the sealed receptacles in a safe and secure location of its own
choosing.
9.2 The Escrow Agent shall exercise reasonable judgment in the handling of the Software in event of a
dispute and shall not be liable to either party except for negligent conduct.
9.3 The Escrow Agent shall not be required to do any act if doing so would violate a court order or
arbitrator’s ruling.
10. FEES, CHARGES AND TERM
10.1 No fees shall be due by the Licensee to the Escrow Agent for retaining the Software in Escrow.
10.2 This agreement shall be for one (1) year from signature by all parties and shall be automatically
renewable for further periods of one (1) year until the earlier of any of these events
(a) the Software is returned to either of the parties in accordance with clause 4, 5 and 6, or
(b) the agreement is terminated by the Escrow Agent provided that it has delivered at least thirty
(30) days prior written notice to the Licensor and Licensee to find a replacement.
11. INSPECTION
For the purpose of insuring that any sealed receptacle delivered to and held by the Escrow Agent under
this agreement remains in a sealed state, either the Licensor or the Licensee may at any time demand
to inspect such receptacle at the offices of the Escrow Agent, and the Escrow Agent shall produce such
receptacle on a timely basis for inspection.
GPD Land & Estate Management Information System ITT Page 338
12. NOTICES
Any notice required to be given in writing under this agreement shall be deemed to have been given
when made, at the sender’s option, by fax, email or registered post to the respective fax numbers, email
or postal addresses appearing in this agreement or to such other fax numbers, email or street
addresses as the parties may from time to time direct.
13. TITLE AND COPYRIGHT
13.1 Neither the Licensee nor the Escrow Agent shall acquire any rights of ownership in the Software
by virtue hereof, however the Licensor hereby grants to the Escrow Agent title to the physical
media on which the software is resident with the reservation that the Escrow Agent shall not
make, cause or permit any use of such media except for the purposes of carrying out the terms of
this agreement.
13.2 Upon a release of Software pursuant to this agreement the Licensee shall have the right to use
the Software without any limitation whatsoever.
14. GOVERNING LAW
This agreement shall be governed in accordance with the laws of Malta.
IN WITNESS WHEREOF the parties have by their representatives so authorized executed this
agreement to go into force on the date below first mentioned.
Authorised Representative of Licensor: ______________________________
Name: ______________________________
Date: ______________________________
Authorised Representative of Licensee: ______________________________
Name: ______________________________
Date: ______________________________
Authorised Representative of Escrow Agent: ______________________________
Name: ______________________________
Date: ______________________________
GPD Land & Estate Management Information System ITT Page 339
SCHEDULE A – TERMINATION NOTICE
XXXXXXX
XXXXXXXXXXXX
XXXXXXXXXXXX
TAKE NOTICE THAT the Licensor and the Licensee being parties to a Software Escrow Agreement
bearing No. ____________________ and dated _______________________ do hereby terminate the
said agreement as of the date of this notice and direct you to deliver the Software thereunder held by
you to the Licensor forthwith.
_____________________________ _____________________________
Authorized Representative Authorized Representative
XXXXXXXXXXXXXXXX Ministry for Home Affairs and the Environment
_____________________________ _____________________________
Title Title
_____________________________ _____________________________
Date Date
_____________________________ _____________________________
Telephone No. Telephone No.
_____________________________ _____________________________
Fax No. Fax No.
_____________________________ _____________________________
E-mail Address E-Mail Address
GPD Land & Estate Management Information System ITT Page 340
SCHEDULE B – LIST OF ESCROW PROGRAMS
No. Program Name Description Release No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
* The Licensor shall deposit updates, if any, to the Software above-listed not less frequently than
annually, and such updates shall be considered as included in the Software.
GPD Land & Estate Management Information System ITT Page 341
LEMIS ITT
Clarifications required by Computime: Dated 9/4/2003
1 PM 35 What exactly do you mean by The GPD deals with immovable property
property extent? against which various transactions can take
pg 109 place across time and physical space - both in
terms of acquisition and disposal (or non-
disposal) of rights (e.g. lease, sale, temporary
occupation, passage rights, servitudes, vacant
property etc.) but also in terms of recording,
tracking and retrieving such
acquisitions/disposals. Inter alia this means
that changes to property attributes and
boundaries (vertical and horizontal) will occur
and these too have to be tracked and retrieved
(including historically) both textually and
spatially.
2 AR54-61 With no associated lease, what is The means of reference may vary with the type
the means of reference? Could it of transaction and, in this regard, software
pg 124 be a suspense table? versatility is preferred. Bidder should indicate
the proposed solution. By way of illustration,
transactions could be linked say via the
property number, the client’s Identity Card
Number, or by transaction type (e.g. a
Document Fee Table to track fees charged for
the provision of document copies), etc.
The use of suspense table may be one option
as long as this does not create limitations on
transaction handling. Suspense tables are
normally used to store transactions that are
waiting processing/approvals and this may
imply that the transaction may be cancelled
on-line by the departmental user. Whilst GPD
may have such type of transactions, there are
other one-time transactions that, once carried,
are final and cannot be cancelled without
proper authorisation and audit-tracking.
Whatever method is used, this must be
transparent to the user.
3 IDM11-13 What systems are currently used GPD does not currently have any imaging and
pg 136 for DMA, ODMA & document management systems, however the
ODA/ODIF? proposed system should preferably support the
standards listed in Req IDM11-13.
4 AGM 1-28 These relate to Mapinfo features. MapInfo Professional V6.5
pg138 What version is currently used
and who is the supplier? MapInfo Run-time Viewer V6.5
MapInfo Run-time Viewer V7.0
MapInfo was supplied by MITTS Ltd.
5 W1-13 Do you have MS Project? No. But no solution shall be automatically
pg143 excluded because of this fact.
6 GD36 What is the minimum number of 1 (excluding currency symbols)
decimal places required before
pg147 the decimal point?
7 INT 13-15 Please provide your current Informix – V7.3 or higher
versions of Informix, Dataflex,
pg 150 Mapinfo & AutoCAD. Dataflex – V2.3b
Mapinfo – see Answer to Question 4
AutoCAD – Lt 2000 / Lt 2002
8 SEC 2 Where can we find GPD’s access The type and level of access to be granted to
policies? what users will be established at the LEMIS
pg 151 implementation stage. The point at issue here
is that the proposed software must not only be
able to allow the granting of administrator-
customisable levels of access but also enable
the enforcement of such rights both against
authorised and non-authorised users (including
interfacing software) at the various levels,
including the ability to track (and retrieve) all
transactions carried.
9 PF 1-51 Do you have Crystal Report No. But no solution shall be automatically
Writer? excluded because of this fact.
pg 160
10 UC11 Kindly provide some examples of Bidders may provide suggestions. Indeed
“Custom Function” bidders would be expected to provide such
pg 164 suggestions during any product demonstration
that may be requested. Some examples may
refer to property performance measurements
(including those that the bidder might propose)
– e.g. rent collected vs rent accrued over a
period of time, annual rent vs property value
by property type or lease type, arrears aging
profile, vacant property as a percentage of
owned property, number of units by type of
lease, cash collected by user/group, property
valuation calculation on the basis of rates
based on a number of parameters (e.g. rates per
metre that vary by pre-specified criteria), etc.
Contracts Department Tender Advert CT 40/2003 – Tender for a Land & Estate Management Information System
Bidder Questions Plus Respective Answers – 9/04/2003
1 LMS - what is this based on i.e. Rdbms, LMS is written in Dataflex and runs on Novell Netware. System is hosted on a Novell Server,
development environment, location, network, housed in Valletta, using IPX/SPX protocol.
storage i.e. Unix or windows
2 LCRPS - is the idea to replace this completely? LCRPS is very stable and GPD would initially continue to operate the LCRPS in the same manner
as it is today, i.e. via extraction of data from the LMS that is then imported into the LCRPS. This
would ensure continuity in service delivery. The LCRPS is owned by the Ministry of Justice & Local
Government and is presently only installed in Local Councils in Malta, but plans are to install the
system in Local Councils in Gozo.
The question of complete replacement of the LCRPS is a future option that may be adopted by
GPD. The vendor’s software must therefore be capable of accommodating the payment of rent via
the Local Councils and bidder is expected to indicate how his proposed system can facilitate such
service.
For the short/medium term however, it is imperative that the proposed system interacts with the
LCRPS in the same manner as the LMS does today.
3 IPRS - who runs this, where is it housed, what is IPRS – The RDBMS is Microsoft SQL Server 7.0 and was developed using ASP pages and VB 6.0
the rdbms and development environment, what is component. The OS is Microsoft Windows 2000.
the hosting environment - i.e. hardware, OS, web IPRS is hosted on the Web Framework and utilises the Electronic Payment Gateway (EPG) for e-
serving technology? Is this a secure site? What is payments. Both the Web Framework and the Electronic Payment Gateway are operated by MITTS
the bank interchange environment for e- Ltd. The EPG is hosted on the Web Framework, which is housed at Gattard House, Blata l-Bajda.
payments? Who is the bank providing clearing for The RDBMS is Microsoft SQL Server 2000. The Electronic Payment Gateway is a COM+ based
e-payments for the government. application. The OS is Windows 2000 and the Web server is IIS. The Web Framework hosts a
number of sites, providing different e-Government services. The Electronic Payment Gateway
1
makes use of an SSL connection to pass payments to the bank. Credit card details are entered by
users in a secure site (https://secure.gov.mt). The Electronic Payment Gateway component hides
all interaction with the bank. The bank is Bank of Valletta.
Is the desire to replace this system or interface The short to medium term intention is to continue interfacing with the IPRS rather than replace it.
with it? As in the case the LCRPS however bidder is expected to indicate whether the proposed software
can accommodate alternative options for internet payment and if so the manner in which it does so.
4 PDRS - what is the workflow process and schema Newly captured parcels (not yet registered) are exported from PDRS and imported into LRCS (one-
i.e. shared tables etc. between this and the way transfer only). Before exporting the parcels, the PDRS checks that there are no overlaps with
LRCS? How are bi-directional changes managed parcels already registered in LRCS. For schema see question 7.
and handled? What are the rules for these Any subsequent changes that may be required on the parcels registered in the LRCS (in terms of
processes? the Land Registration Act) are made via a separate process that does not involve the PDRS and is
therefore tackled independently by Land Registry personnel.
5 What is LRCS in terms of the app - RDBMS back LRCS – The RDBMS is Microsoft SQL Server 7.0 and was developed using VB 6.0 and MapInfo
end, OS environment, development environment 5.0. The OS is Microsoft Windows 2000. GIS layers are kept in MapInfo native tables.
etc.
6 CdB - how is data extracted, what is the frequency CdB data is normally required by GPD to verify clients’ official place of residence. The CdB is
and format? therefore normally used on an individual basis rather than for purposes of batch transfer of
information. Batch transfer may be required in exceptional circumstances as was the case with
ALPS where CdB data (as supplied by MITTS Ltd. in CSV format) was used to save data entry of
person and address details.
In like manner, the LEMIS software would be expected to interface with CdB data via an on-line link
that would enable an operator to directly update person and address details from the CdB without
the need to re-enter all the information.
CdB is hosted on an NCR3455, RDBMS is Informix 7.30, and OS is UNIX 3.02.
2
7 For 1-6 please provide database schema and 1 – LMS – schema and sample data attached at Appendix 1.
dictionary for all systems as well as sample tables. 2 – LCRPS – schema attached at Appendix 2.
3 – IPRS – utilises the same rdbms as LCRPS.
4 – PDRS – schema and sample data attached at Appendix 3.
5 – LRCS – schema attached at Appendix 4.
6 – CdB – schema for online views attached at Appendix 5.
Is the source code available for these systems? The source code for all systems (1 -6) is owned by MITTS Ltd (on behalf of Government) who also
Who maintains them? maintains all systems. The source code for all systems is kept by MITTS.
8 What is the distance between the office in Floriana Distance: 2.2km
and Valletta?
What is the network environment and speed Please refer to Section 2.11 of the LEMIS ITT.
between these two offices?
Are there any other regional offices that are to be Presently there are no regional offices that are to be served by LEMIS. However
served by LEMIS and if so how many, what is the i) There is a possible medium term extension to the Land Section in Gozo;
network in place (speed, type etc) and what
portions of LEMIS are to go to these offices? ii) In addition, it is a desirable future option to extend limited LEMIS access to Local Councils via
existing wide area network;
iii) Likewise limited access may be provided, via the Internet, to the general public for purposes of
checking government ownership of specific property;
iv) A long-term option could be the provision of access to other Government
Departments/Agencies
The type of access that may be granted under each scheme has not yet been determined, but
3
software that is capable of accommodating such requirements is, in this context, preferable.
9 Is there a strata titles act? No, there is no Strata Titles Act in Malta.
10 is there a surveyors act? No, there is no Surveyors Act in Malta.
11 Please provide samples and description of all fees GPD collects and pays different fees (as distinct from rent paid/received, property sales revenue,
collected and the rules associated with them property purchases value) as required by the different services it provides/acquires. The rules and
structure for such fees is not necessarily static and may change over time. In catering for such fees
LEMIS software should be flexible enough to allow for user customisation of such fee rules and
structures. In addition fees, although accountable, may not necessarily be paid/collected by GPD
according to the particular circumstances of the case. Fees paid/collected are accounted as part of
Government Revenue/Expenditure and are debited/credited to the Government’s consolidated fund
within apposite revenue/cost items appearing within Government’s financial system (LEMIS
independent except for particular codes that may need to be associated with such fees for purposes
of reporting).
Types of fees collected by GPD may include (not exclusively):
Document fees – charged for the provision of copies of documents and plans. Fees vary according
to type of document but normally incorporate a flat fee plus an additional fee for each page above a
pre-defined number of pages. Plan fees vary with the size of the plan (A4=Lm2, A3=Lm4, A2=Lm6,
A1=Lm8, A0=Lm10).
Tender fees – charged for the supply of GPD tender documents – presently a standard Lm5 for
normal tenders. Unusual tenders attract ad hoc fees.
Repair fees – charged by GPD to vacating tenants leaving property damages behind. Ad hoc
assessments required.
Professional Fees – charged by GPD to its client for property valuation services. The fees are
charged ad valorem on the basis of Tariff K within Schedule A to the Code of Organisation & Civil
Procedure (Chapter 12 of the Laws of Malta – Laws of Malta may be accessed at
4
http://www2.justice.gov.mt/lom/).
Legal Fees – these are fees that may be expensed by GPD as a result of legal action taken against
a defaulting client. Such fees are charged back to the client. These fees are regulated by apposite
legal tariffs as outlined in Schedule A to the Code of Organisation & Civil Procedure (Chapter 12 of
the Laws of Malta – Laws of Malta may be accessed at http://www2.justice.gov.mt/lom/).
Notarial Fees – these are charged whenever a deed of emphyteusis/sale is entered into by GPD.
Fees vary with the type of deed and are regulated by apposite legal tariffs as outlined in the
Schedule to the Notarial Profession & Notarial Archives Act (Chapter 55 of the Laws of Malta –
Laws of Malta may be accessed at http://www2.justice.gov.mt/lom/).
Public Registry Fees – these are charged by GPD by way of recouping fees paid at the Public
Registry for registration of property deeds. These fees are regulated by apposite legal tariffs as
outlined in the Schedules to the Public Registry Act (Chapter 56 of the Laws of Malta – Laws of
Malta may be accessed at http://www2.justice.gov.mt/lom/).
Land Registry Fees – these are charged by GPD by way of recouping fees paid at the Land
Registry for purposes of registering title to property or other applications under the Land
Registration Act. These fees are regulated by apposite legal tariffs as outlined in the Schedules to
the Land Registration Rules (Subsidiary Legislation 296.01 of the Laws of Malta – may be accessed
at http://www2.justice.gov.mt/lom/).
Property Research Fees – these are charged by GPD to recoup fees paid (on the basis of an
invoice) at the Public Registry in connection with research on persons regarding property transfers.
Fees are calculated on an ad hoc basis.
Interest Receivable – interest may be charged by GPD for any outstanding receivable. These are
not currently being charged but shall be introduced in the future. Interest would normally be
charged at a simple flat rate from a specified date but different rates may be applied across different
receivables. Rates may also change over time.
Miscellaneous fees – any expenses that may need to be charged to a client.
5
Administrative fees – currently not charged by GPD but may be introduced in the future.
Types of fees paid by GPD may include (not exclusively):
Valuation fees – paid by GPD to external architects for valuations of property. Presently valuation
fees are Lm40 per valuation. Different ad hoc fees may be payable for non-standard valuations.
Plan fees – GPD intends to farm out the provision of property plans to private architects. Fees will
obviously have to be paid. Rules and structures not yet worked out.
Public Registry Fees – see above
Land Registration Fees – see above
Property Research Fees – see above
Survey Fees – these are charged by MEPA to GPD for land surveys and are invoice-based.
Compulsory Acquisition fees – GPD is required to refund the owners of private property that has
been compulsorily acquired with any expenses incurred as a result of the acquisition. Such fees are
variable and include property research fees.
Legal fees – expensed by GPD as part of its business delivery process. May take the form of fees
that are directly incurred by GPD or otherwise refunded to clients as a consequence of a Court
Decision. These fees are regulated by apposite legal tariffs as outlined in Schedule A to the Code
of Organisation & Civil Procedure (Chapter 12 of the Laws of Malta – Laws of Malta may be
accessed at http://www2.justice.gov.mt/lom/).
Interest Payable – interest paid by GPD to its creditors. Most often takes the form of interest
payable on compulsory acquisition debts. Interest would normally be charged at a simple flat rate
from a specified date but different rates may be applicable. Rates may also change over time.
Miscellaneous fees – ad hoc basis.
6
12 4.3 accounts receivable - this ties into 3 above - Please refer to 3 above.
7
13 4.7 GIS Map Interface - there are various levels of GIS mapping requirements are split into two
interface that one can implement i.e. simple read i) GIS Mapping Interface (Section 4.7 of LEMIS ITT)
and display of GIS layers or fully programmatic
controlled workflow of the management and This will enable GPD to interface its textual property information with the digital maps existing in the
update of GIS data. Which is it? GPD’s current GIS systems as well as with any new ones that may be independently procured or
developed – detailed requirements in Section A6.2.7 of LEMIS ITT; and
ii) Additional GIS Mapping (Section 4.8 of LEMIS ITT)
This is intended to provide GPD with the ability to electronically capture and maintain GIS data –
detailed requirements in Section A6.2.8 of LEMIS ITT.
The splitting up of the GIS requirements into the above two sections is intentional in that GPD
prefers to keep the option of procuring a fully-fledged GIS system either as part of the LEMIS tender
or otherwise independently.
Is versioning of all parcels over time required? Refer to LEMIS ITT, Section A6.2.8 – Requirement AGM17 – The system shall maintain history of
any changes to the spatial data.
14 6.17 Volumes - numbers are provided but what is See re-write of Section 6.7 of LEMIS ITT at Appendix 6 hereof.
the metric i.e. 1500 - is this per day, week?
15 Page 63 stage 2 bidding - possible visit of client to Confirmed - cost for trip (i.e. all travelling and accommodation expenses) to be borne by client.
our existing sites - please clarify that the cost will
be borne by the client for this trip.
16 8.2 evaluation criteria - what is the within for these It is not the policy to divulge the weighting of the different evaluation criteria.
items?
8
17 Bond required - will this bond decrease to One of the purposes of the bond is to guarantee the continued interoperability, stability and
percentage of value of contract remaining, i.e. sustainability between and within the different modules during each subsequent implementation
after payments are made for deliverables the stage. The intention is to secure against the possible disruption of any implemented modules
value left will be decreasing by amount of each through incompatibilities and conflicts that may be existent in subsequent modules and that
payment, we would want the bond % to be therefore can only be discovered upon their implementation. The GPD is interested in a wholly
calculated on the remaining balance after each functioning integrated system rather than then fully operational independent systems.
payment - so we would reduce the bond and notify
Within such context a pro rata decrease in the bond will be allowed to the extent that the value of
the client.
the bond shall at no time be allowed to go below 50% of its full value. At any point in time the
remaining value of the bond will be calculated as follows:
Remaining value of the bond = (50% of Original Value of the Bond) + (Remaining Percentage Value
of Deliverables * 50% of Original Value of the Bond)
18 Descriptions of business processes are provided The LEMIS ITT provides descriptive flows of the various business processes currently in place at
but there is no flow - particularly no reject or the GPD and bidder is expected to indicate the proposed system’s capability to meet the
exception handling is described or shown. In order requirements of these processes as described. GPD does envisage that other business processes
to make reasonable statements about business may be introduced as a result of the capabilities of the software but these can only be determined at
process re-engineering we need to see a a subsequent stage. At the same time system flexibility would be expected to be of a degree that
description of the workflows themselves for each can accommodate changes to the business processes. GPD also expects to obtain advantages
transaction type. from the learning and knowledge contained in the system and does not exclude the possibility of
aligning some business processes in terms of best practices in property management that may be
integrated in the system – bidder is therefore expected to indicate such best practices. It is however
paramount that the system caters for the business processes as described in the LEMIS ITT. In this
regard, although user customisation is preferable, vendor customisation is not being completely
ruled out. Vendor would therefore be expected to provide assistance, at the agreed costs, to aid
GPD in user customisation.
9
19 A8.5 scope of computerizing a statement is made A8.5 makes no such statement. Computerisation is considered to be a tool (not the only one) to
here that computerization will solve the problems. I facilitate a solution. The entry of information into the system shall be tackled by GPD upon
am leery of this statement and my main question installation of the relative LEMIS module. A number of options could be used but the emphasis is
here is who and how will the existing data that is that LEMIS is capable of capturing, storing and retrieving the relevant information.
clearly not in any system be entered into the new
Bidders should indicate whether their proposed system offers specific data entry facilitation
system in order to reduce time etc. - clearly the
possibilities – e.g. via the scanning of pre-prepared data forms.
staff do not have the time to enter data now so Bidders to
who will do this back-file entry ? clarify
20 A9 4.3 acquisition - who prepares the split of The splitting of property parcels is carried out by the EMD’s Acquisition Team on the basis of
property parcels and assigns the owners? physical site demarcations. Further splitting may occur further on in the process channel on the
basis of legal documents (property contracts, wills etc.) provided by the client. In terms of the Bidders to
system’s capabilities however the splitting up function should be transparent allowing for possible clarify
re-definition of roles.
Are surveys required/mandatory? Surveys may be required as part of GPD’s business process but these are not, hitherto, legally
mandatory. Certain instances however do require detailed surveys to enable proper decision-
making.
21 A9.3 d) - mentions land department - who is this? Please see LEMIS ITT Section 2.2 GPD – Organisational Set-Up. The reference to Land
Department in A9 4.3 should be construed as a reference to GPD.
10
22 page 232 f) file storage - how many pages GPD does not envisage that it will be replacing its current manual files in the short to medium term
approximately are in each of these files? In order future. This is because of effort limitations imposed by GPD’s current resources and the quantity of
to compute storage needs and network bandwidth files that would require scanning/digitising. LEMIS software is however expected to provide the
we need to know the number of pages not simply capability of capturing, storing, searching and retrieving scanned documents (or others created
the number of files. Each file type is going to be through the system’s own facilities) and linking them with current/historical database records
different as well so very important we get this (whether related to a property parcel/unit or otherwise – e.g. a policy file). GPD is retaining as a
information. long term option the implementation of a full electronic document management system that involves
the scanning of existing paper documents - in this context the proposed system must accommodate
such capability.
GPD has in excess of 110,000 files. As explained in the ITT these files vary in size and in content -
not only in terms of the specific purpose for which the file was created but also in terms of its age
and the level of activity associated with a particular property. Paper contents are largely A4 size
papers (most of which are single sided documents but some may be double-sided print), but other
documents (plans) may vary in size for up to A0 (the majority are however up to A3 size).
Documents are generally in black print but plans are generally in colour. Files may contain from a
few papers to hundreds. In general however any scanning of existing paper files will be selective, to
the extent that initially only papers related to current leases and new disposals would be scanned.
In addition some 30% of GPD files may no longer be in active use and no scanning will probably be
required. Of the remaining 70% of the files, an average of 100 pages per file would require
scanning (excluding new incoming/outgoing correspondence). Each file might also contain two to
three plans that may require scanning.
It is pertinent to point out that the figures being provided are only indicative. Storage requirements
may therefore vary and in this sense expandable storage is ideal.
23 page 232 d) mentions a new corporate system in See New DocReg in LEMIS ITT, Section 2.10.2 Business Application.
the Joint office only - what is this?
11
24 page 238 vii) easements and servitudes - is this Refers to easements and servitudes both in favour and against particular Government property. A
for government property only? particular government-owned land parcel/property may be burdened by a right of servitude over it in
favour of other privately owned property or other government-owned property. Similarly
government property may enjoy a right of servitude over privately owned property.
25 page 238 iii) how much property is currently under Generally there are three types of properties that may be held by GPD under trust:
trust (number of properties and area and what % i) Properties bequeathed or otherwise transferred to the state with the specific proviso that the
is this of the whole?) money recovered by Government from the administration of these properties (normally the rent
received) is then used by Government for a pre-defined purpose such as ‘An Emigration Fund’ to
aid Maltese citizens wanting to emigrate. The number of such properties held by the GPD is
negligible – 15 property units.
ii) Properties administered by Government as successor in title to expired Social Institutions. In
terms of the Administration of Lands Act, these properties will become government-owned from
the date of coming into force of the relative clauses of the act, i.e. with effect from 5 March 2003,
except that a claim for compensation may be made against Government up to the end of 6-
months from such date, i.e. up to 4 September 2003. The number of such properties amounts to
approximately 500 units.
iii) Properties administered by the Government in terms of law. The main instance in this case is
that related to the Land Registration Act (LRA) in respect of property that falls within a
compulsory registration area but has remained unregistered. Such property becomes fully
government-owned on the expiration of 30 years from the date on which it starts being
administered by Government in terms of the LRA. In the interim period property may be claimed
back by the rightful owners on provision of a proof of title. This means that GPD would need to
track all expenses and income incurred over time in relation to such property. Hitherto no such
properties are being administered by Government.
12
26 g problem I see here is not knowing what the There are presently no direct electronic links between the systems identified in 1 – 6. As described
schema is that links or possibly links the systems in Appendix A10 of the LEMIS ITT, properties are generally assigned a sequential-based number
identified in 1-6 above. For example, a property that is used to identify particular process categories related to the property. In this context a land
reference number is described but this seems to parcel may be assigned more than one process category but only one number under each category,
be by type and then sequential based on such that one parcel may in fact be assigned two numbers. This is because one property may be
transactions. How does this number link to other given a number to indicate the title under which it is held by Government (e.g. 013001 to indicate
files and folders and ultimately to the property in property that has been or is being compulsorily acquired) but then it may be given a different
space as described on a map? number (designated by GPD as the Tenement Number – e.g. 050001 for a rural lease parcel) to
indicate that it has been leased (not necessarily an exactly matching extent) to third parties by the
GPD. These numbers are manually recorded on the relative map set (remember that different map-
sets are held at the GPD to record different information layers) and these numbers then serve as a
cross-referral to other record-sets. Thus in our example Tenement Number 050001 is recorded on
the map parcel, but then a Property Folder bearing the same number is also kept containing the
most important documents relating to that property as leased. If the same property was obtained by
Government through a compulsory acquisition (say Acq. No. 013001) then that number is recorded
on the acquisition-map set and likewise an Acquisition Folder No. 013001 is maintained that
contains the basic acquisition documents. Property that is leased is recorded into the Land
Management System and the tenement number provides the necessary reference link to the
graphical records.
The map-sets are based on survey sheets with a scale of 1:2500, meaning that detailed
representation of property units or planned projects may not always be possible – e.g a Housing
Estate. In such cases a large scale master plan is drawn up and a cross reference to the master
plan number is recorded on the survey sheet. Details regarding the property numbers can then be
obtained via the master plan. Alternatively more detailed plans and cross references may be found
in the respective Property Folder.
It is important to remember that
i) not all property that is recorded on a map-set may have been provided with a registration number
13
(in view of past practices under which only property that is leased would be given a tenement
number);
ii) not all property that bears a registration number (tenement or otherwise) is necessarily mapped
on the map-sets (certain properties are granted on perpetual lease but exact delineation of
property is not possible before lengthy research and investigation);
iii) GPD would also require the creation of records for projects that are being planned/considered
that may fully or partially encompass more than one property parcel/unit. Such projects may of
course overlap with others being considered. Such records are not presently kept within the
central map sets.
27 is the land registry a title registry or a deeds The Land Registry was set-up for the purposes of the Land Registration Act (LRA) that regulates
registry? Both? If both how much left under deeds the registration of title to land. It is parcel based under the LRCS - except that parcels appearing
and how much in title? Is it parcel based in either within the LRCS are indicative of the parcel's extent. Actual site configuration is determined by
case? cross-referencing to hard copies of plans. Registration under the Land Registry Act is only
compulsory in relation to title transfers relating to property that falls within designated registration
areas. There are still many areas in Malta that are not registration areas and therefore title
registration is not even in process. The GPD has the right to register all government-owned property
and for this purpose any parcels that are being registered by GPD are specifically designated as
registration areas for purposes of the LRA. The land parcels registered by the GPD under the LRA
normally incorporate a number of different parcels as appearing in the GPD's records - i.e. three
contiguous land parcels, each having its own GPD registration number, are registered as one parcel
under the LRA. The relative LRA registration number would need to be cross-referenced within
GPD's records under the LEMIS's data-sets.
The Land Registry is to be distinguished from the Public Registry at which all public deeds are
registered. The Public Registry is person-based.
It is pertinent to point out that a Central Registry Act is being prepared that amalgamates the Public
Registry Act and the Land Registration Act.
14
28 The maps what is the accuracy of them for See LEMIS ITT Section A10.4.5 – Map/plan scanning – this project is external to LEMIS ITT. Work
scanning and digitizing? Has any work been done has not yet started. The bidder’s software must of course satisfy the interfacing and other
on scanning and digitizing? requirements as set out in the ITT
What sort of errors within the maps and edge Maps can be skewed and warped. Other errors identified include polygons with no visible reference
matching the maps have been identified? number and reference numbers that are not associated to a graphic object on the map.
29 are the surveys tied to the national map grid if soGPD surveys are normally required to identify the exact configuration of land parcels and relative
how? Is the monumentation good and recoverable topography in relation to the particular development schemes and zoning as established by the
for surveys? Are survey data provided so that Malta Environment & Planning Authority (MEPA). GPD surveys are normally contracted with MEPA
coordinate geometry entry could be used instead who is also the owner of the GIS map base of Malta. These surveys are provided to GPD both as
of digitizing? hard copy and in digital form using Autocad (DXF/DWG). These surveys are provided
Are surveys being provided by private surveyors independently of the national map grid and it is up to GPD to manually determine the relation with
the map-base. MEPA do have the capability of providing surveys tied to the national map grid but
or are there government surveyors as well? Where
are these government surveyors? Are they this functionality, though not to be excluded, has not yet been utilised by GPD.
producing surveys in digital form now and if so in
what format and from what software?
30 are we to price building renovation/construction as Building renovation is not part of the LEMIS ITT. The current renovation being carried out caters for
part of this bid? If not is there a space planned or the installation of a new local network connected to the government’s wide area network. Space for
will it be built and what is the time frame for this? a new computer centre for servers etc has also been prepared complete with connections etc.
31 condition of records for scanning - can you get Most of the documents are single sheet papers (or otherwise stapled sets of paper) that have been
pictures of them? Are there any sensitive in use for many years and are therefore likely to have twisted corners and tears. Others are
documents that cannot be put through an ADF sensitive documents that are in bound form and cannot thereofe be put through an ADF scanner.
scanner? What size are these sensitive Sizes may vary between A5 and A3 size including ad hoc sizes in between this range.
documents (will allow us to determine whether or
not a book scanner is needed).
15
32 does the GPD definition of property it manages Typically GPD’s property does not presently extend to the sea floor or to mineral rights. At the
extend to the sea floor, mineral rights, air rights, same time GPD recognises the future possibility that such rights may need to be administered and
water rights? What about coastal property - how in this context software that is capable of catering for such rights (or that may otherwise be made
far does the private domain stretch - i.e. high capable via the installation of other existing modules) will be looked upon more favourably as
water mark? compared to other software that does not provide such capability.
The question of coastal property is not very well defined under Maltese law with the only existing
guideline being provided by case-law that states that the foreshore is inalienable. At the same time
there is no legal definition of foreshore. Government-ownership is individually determined by GPD
following research and investigation of particular cases.
33 is there a cadastral numbering scheme that is No, there is no such numbering system. Land parcels registered with the Land Registry (in terms of
unique to all property and if so what is it and who the Land Registration Act), are based on the property that is the subject of a transfer/registration
maintains it? rather than to the physical characteristic of a property unit as existing on site. This means that a
land registration involving three adjacent fields may very well be registered as a single parcel
without any cadastral differentiation between each single field.
GPD does however envisage that a cadastral numbering scheme that is unique to all property will
nee to be developed in the future as part of a country-wide initiative by Government. Any proposed
software must therefore ensure that adequate provision can be made for the necessary interface or
cross-referencing with such cadastral numbering scheme.
34 Requirement INF4 states that “Currently, the The requirement to support windows 95 is based on the fact that a good proportion of existing PCs
desktop standard is Windows 95 and 98. The at GPD use this operating system and in this context software that supports Windows 95 is
system must therefore operate on Windows 95 preferable. Any LEMIS software that does not support Windows 95 will therefore mean that GPD
and 98 desktop environment.”. Is Windows 95 a may need to update the software and in some cases the PCs. Whilst this may not be desirable in
mandatory requirement? the short term GPD does not wish to exclude the possibility of effective LEMIS software simply
because it is designed to operate efficiently on later versions of Windows. Bidders would therefore
be expected to indicate clearly the software capabilities in this regard.
16
35 Is module interfacing considered to be vendor No, interface development will not be considered as vendor customisation. In this regard reference
customisation? is made to the Cost Schedule in Section 9 of LEMIS ITT which makes a distinction between
Interface Development and Vendor Customisation.
36 Does GPD has a point of sale? Yes, GPD has a point of sale system in that it has the capability to collect receivables both from
within the GPD offices at Valletta and also that at Floriana. The latter is largely a manual cash
collection capability whilst the former is computerised within the functions provided by LMS. This
means that any new software will be required to enable the direct collection of receivables, including
point of sale issue of receipts, reconciliation, transfer to ledgers etc. Details of requirements are
contained in the ITT.
37. Will GPD consider other forms of operation GPD is rather open-minded on such issues and is willing to consider any option as long as it can be
including the farming out of service provision e.g. accurately assessed and effectively implemented. One must however bear in mind that GPD is a
one where systems are maintained by a third Government Department and must therefore conform to the rules, regulations and standards of the
party, or rent collection is farmed out. Civil Service as well as to Government’s agenda in the relevant sectors.
38. Does GPD consider the opportunity to learn from As already indicated GPD is open-minded on such issues and is willing to learn from the way others
the proposed software and the way it has been operate. GPD’s primary consideration however is the successful implementation of the new system
implemented by organisations that have bought it, without disrupting the business delivery process. GPD is aware that introducing too many changes
including any different processes adopted by such is potentially disruptive and would therefore prefer incremental changes.
organisations.
17
Appendix 1 – Land Management System (LMS)
18
19
20
21
22
23
24
25
26
27
28
29
30
LMS Data Model
MULTENT
DETAILS Key Data
Key Data Tenement [PK1]
Tenement [PK1] Account [PK2]
Non-Key Data Non-Key Data
Rem1 Id01 HISTORY
HISTPROP Rem2 Nam01 Key Data
Key Data Rem3 Sur01 Account [PK1]
Tenement [PK1] Rem4 Id02 HistoryDate [PK2]
Non-Key Data Rem5 Nam02 Tenement [PK3]
LD_Drawing_1 Rem6 Sur02 Non-Key Data
LD_Drawing_2 Rem7 Id03
Rem8 Name
AreaCode PROPERTY Nam03
Surname
SurveySheet Key Data Rem9 Sur03
Door
ClassCode Rem10 Id04
Tenement [PK1] Street1
MapReference_1 Non-Key Data Nam04
Street2
MapReference_2 Sur04
LD_Drawing1 LocPstCode
Vacant-Occupied Id05
LD_Drawing2 -
Ind Nam05
AreaCode AnnualRent
Area Sur05
SurveySheet Subsidy
LandFile Id06
ClassCode Permit
Alterations Nam06
MapReference1 LeaseStart
Door Sur06
MapReference2 LeaseEnd
Street1 Id07
Vacant-OccupiedInd VacRec
Street2 Nam07
Area VacRecInd
Locality TENANT Sur07
LandFile EffectiveDate
FormerTenementNo Key Data Id08
Alterations PaymentMode
CommercialRent Account [PK1] Nam08
Door LeaseMode
Sur08
Street1 Non-Key Data QuarterInd
Id09
Street2 Name Revision
Nam09
Locality Surname Title
Sur09
FormerTenementNo Door RevenueHead
Id10
CommercialRent Street1 StopRent
Nam10
Street2 Site
Sur10
LocalityPostCode -
LD_Drawing_1
LD_Drawing_2
AreaCode
SurveySheet
ClassCode
MapReference1
MapReference2
Vacant-Occupied
FOLIO TENANCY Ind
Key Data Area
Key Data
Account [PK1] LandFile
Tenement [PK1]
Tenement [PK2] Alterations
Non-Key Data Door
Ledger_No Non-Key Data
Street1
Folio_No AnnualRent Street2
Subsidy
Locality
Permit
FormerTenementNo
LeaseStart CommercialRent
LeaseEnd
VacRec
STREETS VacRecInd
Key Data EffectiveDate
Str1 [PK1] PaymentMode
Str2 [PK2] LeaseMode
Locality [PK3] QuarterInd
Revision
Title
RevenueHead
StopRent
Site
31
Tenant
Account Name Surname Addr_House Addr_Str1 Addr_Str2 Addr_Str3
+000444A PAUL & MARY SMITH 34 TRIQ IN-NAHAL ZABBAR ZBR 06
+000555M PETER & JANE NORTH 'OUR NEST’ TRIQ DUN MIKIEL XERRI BALZAN BZN
05
+004543G JOSEPH SOUTH ET PLOT 11 TAL-BARMIL QASAM TAL-BINI RABAT VCT 111
+005452M JOHN & JOANNE EAST 654 TRIQ MICHAEL ZABBAR
ATTARD
+004554M MARIO & MARIA WEST ET 170 SQAQ IZ-ZGHIR VALLETTA VLT
11
32
Tenancy
Tenement LD_Drawing1 LD_Drawing2 Area_Code Survey_sheet Class_code Map_ref1 Map_ref2 Vac_Occ Area
40019 0 50 0 0 V 0
40020 35 50 0 0 O 0
40021 54 50 0 0 O 0
40023 26 4466 50 458 665 O 0
40026 0 50 0 0 O 0
Land_File Alters Master_plan Door Str1 Str2 Locality Former_Tenement Rent
334/64 0 HOMAGE OF BARONIA GHERIEXEM & TABIJA RABAT 1.017
RDUM SECONDO OF
656/74 0 THE MADDALENA ? 0.24
288/81 0 HOUSE IN GHADIR IL-BORDI ? 0.427
TR658/60 0 FIELD TA' GNIEN CANTUN ? 0.244
177/66 0 LANDS HBULA TA' WIED L-IMDINA MDINA 2.4
33
Property
Tenement LD_Drawing1 LD_Drawing2 Area_Code Survey_sheet Class_code Map_ref1 Map_ref2 Vac_Occ Area
40030 0 50 0 0 O 0
40033 36 5275 50 538 756 O 0
40036 57 5871 50 586 714 O 0
40037 0 65 0 0 O 0
40039 25 50 0 0 O 0
Land_File Alters Master_plan Door Str1 Str2 Locality Former_Tenement Rent
245/70 0 FIELD CALLED TA' XGHAJRA ZABBAR 6.903
3RD PORTION OF
303/84 0 LANDS TA' XGHAJRA ZABBAR 0.8
7TH PORTION OF
TR364/50 0 LANDS TA' XGHAJRA ZABBAR 1.36
8TH PORTION OF
241/65 0 LANDS TA' XGHAJRA ZABBAR 1.92
558/82 0 12TH PORTION OF LAND TA' XGHAJRA ZABBAR 1.52
34
Appendix 2 – Local Councils Rent Payment System (LCRPS)
35
Appendix 3 – Property Digitisation & Registration System (PDRS)
gpd_parcels_server
record SERIAL(10) [PK1]
parc_ref SMALLINT
create_user CHARACTER(8)
create_date DATE
modify_user CHARACTER(8)
modify_date DATE
parc_type SMALLINT
parc_type_desc CHARACTER(50)
parc_final CHARACTER(1)
parc_deleted CHARACTER(1)
parc_remarks CHARACTER(250)
gpd_overlaps_server
create_user CHARACTER(8)
create_date DATE
parc_type SMALLINT
remarks CHARACTER(250)
parc_type_desc CHARACTER(50)
36
GPD_parcels_server
Record# Parc_ref Create_User Create_Date Modify_User Modify_Date Parc_Type Parc_Type_Desc Parc_Final Parc_deleted Parc_remarks
1 1 muscs006 11/12/2002 muscs006 11/12/2002 1 GP T F
2 2 darme004 13/12/2002 1 GP T F
3 3 muscs006 01/01/2003 11 F - Santo Spirito T T
4 4 darme004 05/01/2003 darme004 10/01/2003 1 GP T F
5 5 muscs006 07/01/2003 11 F - Santo Spirito T F
GPD_overlaps_server
Create_User Create_Date Parc_Type Remarks Parc_Type_Desc
darme004 11/12/2002 1 falls on prty.no.48000740 GP
muscs006 13/12/2002 1 GP
muscs006 01/01/2003 1 GP
muscs006 05/01/2003 1 GP
muscs006 07/01/2003 1 GP
37
Appendix 4 – Land Registry Certification System (LRCS)
LRCS Main Tables
Property - Table
Name Datatype Length Indexinfo
Property ID int 4 Not Null
Property Number nvarchar 10 Key & Indexed Not Null
Parcel Number int 4
ZSBP Number nvarchar 10
Property Type Code nvarchar 2
Property Status Code nvarchar 2
GIS Code nvarchar 12
Level Number smallint 2
House Number nvarchar 50
Street Name nvarchar 50
Area Name nvarchar 50
Post Code nvarchar 8
Town Id nvarchar 50
Remarks nvarchar 500
Stated Area float 8
ParProp Number nvarchar 10
Operator id int 4
Status Date datetime 8
Locked bit 1
Absolute bit 1 Not Null
Certificate Version float 8
Date of Absolute title datetime 8
Date of first registration datetime 8
Objection bit 1 Not Null
date of registration area nvarchar 11
numberofpages float 8
numberoftrans float 8
batch no nvarchar 10
capture source nvarchar 2
update complete bit 1 Not Null
transactions missing bit 1 Not Null
Last Serial No nvarchar 15
Source nvarchar 1
Has Pictures bit 1
Town_ID int 4
Council No int 4
Registration Status smallint 2
MapNo int 4
OfficeCode nvarchar 2
Owner Type int 4
38
Property Statuses - Table
Name Datatype Length Indexinfo
ID int 4 Not Null
Code nvarchar 2
Description nvarchar 30
Maltese nvarchar 30
Property Type Codes - Table
Name Datatype Length Indexinfo
ID int 4 Not Null
Code nvarchar 2 Key & Indexed Not Null
Description nvarchar 100
Maltese nvarchar 50
Transactions - Table
Name Datatype Length Indexinfo
LR Number nvarchar 10 Key & Indexed Not Null
Property Number nvarchar 10
Class Code nvarchar 1
Type Code nvarchar 2
Status Code nvarchar 2
Application Date smalldatetime 4
Approval Date smalldatetime 4
Status Date smalldatetime 4
Limited Title tinyint 1
Legal Check tinyint 1
Reference File Number nvarchar 10
Remarks nvarchar 500
Operator id smallint 2
Grp LR Number nvarchar 10
By Applic bit 1 Not Null
Fee Amount float 8
Remarks on Fee Payment nvarchar 100
date of registration area nvarchar 11
groupby bit 1 Not Null
creator smallint 2
Joint Office Ref char 30
Curia Ref char 12
Insinwa char 12
Vol I char 12
LRA char 10
LRC char 10
Gov Prop Draw char 25
Client Annotation char 10
Other Reference File Number char 10
Transaction Type - Table
Name Datatype Length Indexinfo
Trans ID int 4 Key & Indexed Not Null
Code nvarchar 2
Description nvarchar 50
Maltese nvarchar 50
39
Transaction Statuses - Table
Name Datatype Length Indexinfo
Status ID int 4 Key & Indexed Not Null
Code nvarchar 2
Description nvarchar 70
Maltese nvarchar 50
Transaction Applicant - Table
Name Datatype Length Indexinfo
ApplicantID int 4 Key & Indexed Not Null
ID No nvarchar 15
LR number nvarchar 10
ID Type nvarchar 1
Name nvarchar 30
Surname nvarchar 60
Share nvarchar 250
Nomine bit 1 Not Null
Basis nvarchar 1000
Basis Date nvarchar 20
Not Code nvarchar 5
Image Index nvarchar 10
LegalOwnCode nvarchar 2
Means Code nvarchar 50
Remarks ntext 16
Valid Owner bit 1 Not Null
user id float 8
VAT Registration No nvarchar 9
Qualified bit 1 Not Null
Hidden bit 1 Not Null
Last Serial No nvarchar 15
Constituted body - Table
Name Datatype Length Indexinfo
ID int 4 Key & Indexed Not Null
CB No nvarchar 12
CB Desc nvarchar 60
VAT Registration No nvarchar 9
Legal Ownership Type - Table
Name Datatype Length Indexinfo
ID int 4 Not Null
LegOwn Code nvarchar 2 Key & Indexed Not Null
LegOwn Desc nvarchar 50
LUT_Ownership_Type - Table
Name Datatype Length Indexinfo
Type ID int 4 Key & Indexed Not Null
Description nvarchar 50
Acronym char 10
40
Means of Ownership - Table
Name Datatype Length Indexinfo
Means ID int 4 Not Null
Means Code nvarchar 2 Key & Indexed Not Null
Means Desc nvarchar 50
Maltese nvarchar 50
Notary - Table
Name Datatype Length Indexinfo
Not_Code nvarchar 5 Not Null
Not_Desc nvarchar 150
Not_Det nvarchar 250
VAT Registration No nvarchar 9
NOT ID int 4 Key & Indexed Not Null
Pictures - Table
Name Datatype Length Indexinfo
ID int 4 Key & Indexed Not Null
Property Number nvarchar 50 Not Null
Picture image 16
Description nvarchar 50
Remarks nvarchar 2500
Image Type ID int 4
Width real 4
Height real 4
Scan User ID int 4
Scan Date datetime 8
Change User ID int 4
Change Date datetime 8
Superseded bit 1
Superseding Image int 4
Scale ID int 4
Scanner ID int 4
Deleted bit 1
LUT_ImageType - Table
Name Datatype Length Indexinfo
Image Type ID int 4 Key & Indexed Not Null
Image Type nvarchar 50
Colour tinyint 1
41
Documents - Table
Name Datatype Length Indexinfo
ID int 4 Key & Indexed Not Null
Transaction Number nvarchar 11
Applicant Type char 1
Applicant Number nvarchar 15
Document Type int 4
Operator int 4
Flags int 4
Serial char 1
Pages int 4
Status int 4
Document image 16
Description nvarchar 50
Remarks nvarchar 2500
ResX smallint 2
ResY smallint 2
Scan User ID int 4
Scan Date smalldatetime 4
Change User ID int 4
Change Date smalldatetime 4
Deleted bit 1
LUT_Document Types - Table
Name Datatype Length Indexinfo
Document Type ID int 4 Key & Indexed Not Null
Document Desc nvarchar 50
42
Appendix 5 – Common DataBase (CdB)
CdB views
Address
Column name Type Nulls
addr_ser_id serial yes
gis_addr_id char(8) yes
prop_name varchar(50,0) yes
prop_no char(10) yes
prop_subdiv varchar(50,0) yes
pcode char(6) yes
str_sect_ser_id integer yes
start_date date yes
end_date date yes
addr_type_code char(2) yes
Area
Column name Type Nulls
auth_code char(8) yes
area_type_code smallint yes
area_code char(4) yes
gis_area_id integer yes
area_name char(40) yes
start_date date yes
end_date date yes
Area_addr
Column name Type Nulls
auth_code char(8) yes
area_code char(4) yes
addr_ser_id integer yes
area_type_code smallint yes
start_date date yes
end_date date yes
Area_rel
Column name Type Nulls
auth_code_1 char(8) yes
area_type_code_1 smallint yes
area_code_1 char(4) yes
auth_code_2 char(8) yes
area_type_code_2 smallint yes
area_code_2 char(4) yes
area_rel_type_code smallint yes
43
start_date date yes
end_date date yes
Per_addr
Column name Type Nulls
per_ser_id integer yes
addr_ser_id integer yes
addr_usage_code smallint yes
start_date date yes
auth_code char(8) yes
auth_sec_grp char(4) yes
auth_sec_cl smallint yes
end_date date yes
Per_name (maiden)
Column name Type Nulls
per_ser_id integer yes
maiden varchar(50,0) yes
Person
Column name Type Nulls
per_ser_id serial yes
pub_reg_no char(10) yes
marital_stat_code char(1) yes
gender_code char(1) yes
title_code smallint yes
tbc_name varchar(50,0) yes
curr_sname varchar(50,0) yes
birth_date date yes
death_date date yes
marr_date date yes
Str_sect
Column name Type Nulls
str_sect_ser_id serial yes
gis_str_sect_id char(6) yes
auth_code char(8) yes
area_type_code smallint yes
area_code char(4) yes
name_type_code smallint yes
str_code char(7) yes
name_prfx char(12) yes
name char(60) yes
name_sffx char(12) yes
start_date date yes
end_date date yes
44
Appendix 6 – Volumes
6.7 Volumes
The following is a list of approximate volumetrics that could aid the bidder in evaluating the
size and complexity of the organisation:
Description Volume
Property (total units as appearing in the GPD’s records – unless otherwise indicated)
Property information requests (yearly average) 1,500 p.a.
Agricultural land parcels (as presently registered in the GPD’s records – could 5,500
potentially increase to over 10,000)
Residential units (mainly flats) 8,000
Commercial premises (mainly shops) 1,800
Non-residential units (mainly garages and stores) 4,000
Perpetual leases 900
Property leased to Government departments 1,700
Encroachments 800
Residential units (GPD as the agent of the Housing Authority in the collection of 4,500
ground rents due)
Ex-Church property (various) circa 25,000
Disposals (excluding ex-Church property) – average yearly number of units
Tenders 140
New lease agreements 150
Use permits 250
Works permits 100
Encroachment permits 400
Sales 30
45
Lease / rent management (excluding ex-Church property)
Tenants circa 25,000
Invoices (current yearly average) 50,000 p/a
Rent reminders (current yearly average) 15,000 p/a
Individual demand letters (current yearly average) 2,000
Judicial letters (current yearly average) 240
Lease termination warnings (current yearly average) 60
Repayment agreements (current yearly average) 120
Yearly income (rents / sales) Lm8 million p/a
Acquisition
Pending acquisition cases Circa 6,000
Acquisition debt > Lm20 million
Compulsory acquisition contracts value (in 2001) Lm3.9 million
Acquisition / recognition rent cheque payments 4,000 p/a
Acquisition / recognition rent cheque payments value Lm60,000 p/a
Employees
Managerial 9
Professionals (Lawyers, Notaries, Legal Procurators & Architects) 7
Technical 19
Administrative 67
Users
No. of users 50
Estimate no. of concurrent users 45
Estimated annual growth of users for the first three years of operations 30%
Maps & Plans (see Appendix 10 – GPD Property Information Resources)
Maps (A1 – TIFF 200 dpi, 24 bit) 1200
Maps (A1 – JPEG 200 dpi, 24 bit) 1750
Master plans (various sizes listed in A10.4.2 – JPEG 200 dpi, 24 bit) 970
Land/Property drawings (various sizes listed in A10.4.4 – JPEG 200 dpi, 24 bit) 15900
46
LEMIS ITT
Clarifications required by Megabyte: dated 10/4/2003
Ref. Question Reply
a) The preferred technology for the proposed Appendix 1 Standard Platform refers to the
deployment (ref Appendix 1 Standard current applicable, and hence preferable,
Platform of the bid documents), is stated as standards. Alternative technologies will be
Microsoft SQL Server for RDBMS considered provided they are open, reliable and
systems. Can you advise whether expandable standards and provided further that
alternative technologies will be they are compatible with the indicated standard
considered? platform.
b) Does the MITTS team have any MITTS has expertise in the current standard
experience of other RDBMS technologies platform. Although knowledge of various
than the stated preference of Microsoft RDBMS technologies may exist, MITTS can only
SQL Server, and is there any in house presently commit itself to expertise on
expertise in connection with alternative technologies on the indicated Standard Platform.
database technologies? Of itself this should not exclude proposals based
on alternative technologies.
c) Is there a scoring mechanism in the The technology used is one of the evaluation
evaluation process attached to preferred criteria. To the extent that the use of alternative
and alternative approaches, and if technologies induces additional costs (licences,
alternative RDBMS technologies are support, training etc.), evaluation scores may be
considered, will these attract a lower tariff impacted.
than the stated preferences?
d) Are there any constrains in connection Refer to a to c above, moreover the Government
with the procurement of alternative has no constrains in connection with the
RDBMS systems, i.e. existing corporate procurement of alternative RDBMS systems.
licensing arrangements?
LEMIS ITT - Clarifications 9/06/2003
Number Ref Question Answer
1 AGM24 Please provide us with information The PDRS only contains vector parcels of land plus limited related textual information (the
Page about the format (TIF, MIF, etc) and type of ownership enjoyed by Government). Currently the system has some 1,800 digitized
139 quantity of both Raster and Vector land parcels of various areas, but further parcel digitizing is an ongoing process.
data held in PDRS that will require
It must be borne in mind that the use of the PDRS may continue into the future independently
migration into the new system. of LEMIS. Proposed LEMIS solutions must therefore be capable of importing parcels and
How much of the rastor data is data from the PDRS.
georeferenced? Raster data (georeferenced orthophotos) are contained within the base maps licensed from
the Malta Environment & Planning Authority.
Attention is also drawn to Section A10.4.5 of the LEMIS ITT regarding Map/Plan Scanning.
The Map/plan scanning project is being conducted independently of the LEMIS ITT but
LEMIS software must be capable of interacting and/or importing the resultant information
(vector, georeferenced raster, raster) – any software developed to enable the GIS
presentation of the resultant scanned/digitised information will largely follow the same
structure of PDRS.
2 AGM25 AGM 25 refers to ALPS. Question is therefore being considered as referring to ALPS. The
Please provide us with information
Page ALPS only contains vector parcels of land plus related textual information (the property
about the format and quantity of
139 registration number, name and address of lessees etc.). ALPS imports parcel data, on a
both Raster and Vector data held in
single unit basis, from another system, i.e. the Mass Digitising System (MDS). MDS contains
PDRS that will require migration
into the new system. the data (land parcel and related textual data – i.e. application details) of 10,000 applications
How much of the rastor data is received under the Agricultural Land Scheme. So far, GPD has initiated the processing of
1,400 applications, so that ALPS contains 1,400 digitized land parcels but this will continue to
georeferenced?
increase as other applications are processed.
It must be borne in mind that the use of ALPS may continue into the future independently of
LEMIS. Proposed LEMIS solutions must therefore be capable of importing parcels and data
from the ALPS.
Raster data (georeferenced orthophotos) are contained within the base maps licensed from
the Malta Environment & Planning Authority.
3 Please indicate the likely future Mapinfo Map and Parcel data that is migrated from existing (or future LEMIS-independent)
frequency of use of migrated systems into the LEMIS GIS will form part of the core property management processes of the
MapInfo Map and Parcel data. GPD. Frequency of use will therefore depend on property management considerations and
cannot be readily quantified. One may however qualify that viewing-access to GIS parcels is
expected to be one of the main advantages of LEMIS and frequent usage by authorised
users is expected.
4 Please indicate the volume of data LMS has been in operation since 1992 and therefore contains substantial amounts of data.
held in LMS that will require Some of the data is current (relates to current leases), some is historical (i.e. relates to
migration to LEMIS. expired leases, sold property) – both are accessible in a transparent way to the users via
text-based menu items. The present record number for the major data items are:
Current properties (description etc.) ……………………………………………..…. - 27,500
Current tenants (name, address, I.D., etc) ………………………………………… - 20,700
Current tenancies (lease details) ……………………………………………………. - 25,100
Deleted properties ………………………………………………………………….…. - 9,600
History tenants/tenancies/property ………………………………………………..… - 16,300
Current rent ledger entries (adjustments, updates, invoices, credits etc.) …..….. - 851,000
History rent ledger entries ……………………………………………………………. - 241,000
Payments (by cashier, date, tenant etc.) …………………………………………… - 466,700
One Time Payments (not directly related to a property as registered in LMS) …. - 17,300
Invoice file (keeps record number for each invoice generated by the system) …. - 791,400
Remark fields – actually filled-in (used for general remarks on a property) …….. - 12,100
Multi-tenant fields – actually filled-in (this is an apposite multiple-line field
used to indicate the names and I.Ds of multiple tenants in a single lease) - 260
Folio - keeps list of tenement numbers and the manual rent ledger references
(i.e. name of ledger and page number), from where the original data
in LMS was captured …………………………………………………..…… - 19,500
5 Please indicate the volume of data The CPS contains details of 2,100 creditors and the relative amount payable to them.
held in CPS that will require
migration to LEMIS.
6 Please indicate the volume of data At present the volume of data in the JOdb contains 29,600 property files and relative data
held in JodB that will require including property description, tenant details, lease details, rent payable, deleted properties
migration to LEMIS. and other properties, which although have not been officially transferred to Government, rent
thereof is being received by Joint Office. Other properties (calculated to be in the region of
7,000) still require to be gradually inputted into the JOdB, as soon as the relative information
is provided by the Church entities.
7 Please indicate the volume of data Same as 6 above.
held in JodB that will require
migration to LEMIS.
8 Please provide database schema, CPS – schema and sample data attached at Appendix 1.
dictionary and sample tables for the ALPS – schema and sample data attached at Appendix 2.
CPS, ALPS and JodB systems.
JodB – schema attached at Appendix 3.
9 Please can you clarify whether the Prices are to be indicated on the Cost Schedule at Chapter 9 of the ITT which incorporates
Cost Schedule (ITT Chapter 9) is all price elements of Section 6.11. Use the ‘Other’ costs line items of the Cost Schedule at
the only place for prices in our Chapter 9, for any cost items not listed in the schedule. Non-price elements of Section 6.11
response and if so, does this over- are to be answered separately.
ride the format/breakdown
requested in Section 6.11 of the
ITT?
10 Can we add a “Comments” column Yes, as long as the other columns are also duly filled in.
to the functional and non-functional
response section?
11 I would appreciate if you would As outlined in Section 2.11 of the LEMIS ITT, the departments that make up the GPD, and
indicate the number of remote sites that will obviously require access to the LEMIS software, are housed in two different
that will have access to the system locations, one at Valletta and another at Floriana. Otherwise it would be pertinent to repeat
what has been pointed out in another clarification issued previously, that is:
i) There is a possible medium term extension to the Land Section in Gozo;
ii) In addition, it is a desirable future option to extend limited LEMIS access to Local Councils
via existing wide area network;
iii) Likewise limited access may be provided, via the Internet, to the general public for
purposes of checking government ownership of specific property;
iv) A long-term option could be the provision of access to other Government
Departments/Agencies
The type of access that may be granted under each scheme has not yet been determined,
but software that is capable of accommodating such requirements is, in this context,
preferable.
12 Cost Schedule Addendum Bidders are also required to fill-in the Cost Schedule Addendum attached at Appendix 4.
This addendum is to be considered as forming an integral part of Section 9 of the ITT.
13 Clarification re submission of It is being clarified that a single bidder may submit more than one solution as long as each
multiple bids by a single bidder. solution is clearly and separately identifiable in terms of the options offered and the price
quoted. The tender evaluation criteria are those indicated in the ITT and price is a
component of these criteria. It is imperative that the prices quoted for any particular bid are
submitted in line with the ITT leaving no room for price interpretations.
Appendix 1 – Cheque Printing System (CPS)
table: property.dbf
Field Field Name Type Width Dec Index Collate
1 PROPKEY Character 8 Asc Machine
2 RENT Numeric 8 2
3 PAYE Character 6 Asc Machine
table: holders.dbf
Field Field Name Type Width Dec Index Collate
1 ALPHA Character 3
2 NUMBR Character 3
3 NAME1 Character 36 Asc Machine
4 NAME2 Character 36 Asc Machine
5 ADDR1 Character 30
6 ADDR2 Character 30
7 ADDR3 Character 25
8 RMRK1 Character 2
9 RMRK2 Character 2
table: property.dbf
PROPKEY 11000100
RENT 19.60
PAYE VEL046
table: holders.dbf
ALPHA ABB
NUMBR 001
NAME1 MR JOSEPH BORG
NAME2
ADDR1 BLOCK A FLAT 1
ADDR2 TRIQ IL-LELLUX
ADDR3 MARSA
RMRK1 00
RMRK2 00
5
Appendix 2 – Agricultural Lease Processing System (ALPS)
ALPS_APPLICATIONS
App_id 129
App_No 12345
FK_Lease_ID 867
App_FileNo J6/2002/I/18
Create_User mifsa019
Create_Date 13/04/2002
Modify_User
Modify_Date
LrcsMapNo 35667M
Occ_Years 5
CouncilId 15
Area_Name WIED IL-QOTON
Area_Street
Parcel_Area 9
Xaghri_Area 0
App_Final F
App_Remarks ACCESS GHAR-RUNWAY LIGHTS - P/O ACQ. 13510 - J.O.
A1206/97
App_Acquisition T
App_Insolidum F
App_Wayleave T
App_Status 2
InProc_Date 13/04/2002
Prob_Date 13/04/2002
Prob_Rem Overlap on part (App.47) refers.
Approved_Date
Rej_ID 0
Rej_Date
Rej_Rem
App_Withdrawn F
With_Date
With_Rem
Obj_ind F
Obj_count 0
Obj_Rem
App_MDS_Leased 2
App_RL F
App_RL_ltrDate
App_RL_rtnDate
App_ValidRL 0
App_ValidRL_ltrdate
App_Leased_Rem
ALPS_PERSON
6
Pers_ID 1
Pers_Name JOSEPH
Pers_Surname BORG
Pers_Gender M
Pers_IDCard 0123456M
Pers_Addr_Name 24 OUR DREAM
Pers_Addr_Tel 123456
Pers_Addr_Str TRIQ IL-KBIRA
Pers_Addr_Council_ID 35
Pers_Addr_Council MARSASCALA
Pers_Addr_PC ZBR10
ALPS_PARCELS_SERVER
Parc_id 150
Parc_App_No 1301
Parc_ref 1
FK_App_ID 129
Create_User mifsa019
Create_Date 13/04/2002
Modify_User mifsa019
Modify_Date 13/04/2002
Parc_Class 2
Parc_Type 1
Parc_Final F
Parc_Deleted F
Delete_User
Delete_Date
Parc_Ten_No E00052
Parc_Acq 2
Parc_BS 1
Parc_Aff 1
Parc_Rej_ID 0
Parc_Rej_Desc
Parc_Rej_Date
Parc_LR_No 150003934
ALPS_STRUCTURES
St_ID 40
St_Parcel_ID 105
St_FK_App_ID 96
St_Type Giebja
St_Type_ID 2
St_Area 16
St_SS F
St_BP F
St_BP_ltrDate
St_BP_rtnDate
St_ValidBP 0
7
St_Rej_ID 0
St_Rej_Desc
St_Rej_Date
ALPS_AGREEMENT
Agr_ID 1
FK_App_id 174
AppNo 1234
Create_User bugep006
Create_Date 02/10/2002
Modify_User
Modify_Date
Area_Name PARADISE BAY
Area_Street PARADISE BAY
CouncilId 37
CouncilName MELLIEHA
From_Date 16/08/2000
To_Date 15/08/2002
ALPS_RENT
Ar_ID 25
FK_Agr_ID 17
FK_App_ID 174
AppNo 1234
FK_Parc_ID 231
Tenement_No E00052
PropertyDrawing 23/2003
Appendix B
LRPropertyNo 150003934
FieldArea 308.79
FieldPerim 36.89
FieldAreaPayable 271.90
FieldRent 0.98
RoomArea 11.00
RoomAreaPayable 0.00
RoomRent 0.00
AnnualRent 0.98
RentYears 2
TotalRent 1.96
OccTomna 0.00
OccTomnaPayable 0.00
OccupationRent 0.00
TotalOccupationRent 0.00
TotalPayment 1.96
8
ALPS_PARCELS_AGR
Alps_applications
alps_person_agr_link
alps_agreement
Parc_id
Parc_App_No
App_id
PP_ID Parc_ref
App_No Agr_ID
PP_Pers_ID FK_Agr_ID
FK_Lease_ID
PP_Agr_ID alps_rent FK_App_id Create_User
App_FileNo AppNo Create_Date
Create_User Create_User Modify_User
Create_Date ALPS_PARCELS_SERVER Create_Date Modify_User
Modify_User Ar_ID Modify_User Parc_Class
Modify_Date FK_Agr_ID Modify_Date Parc_Type
LrcsMapNo FK_App_ID
Parc_id Area_Name Parc_Final
ALPS_PERSON Occ_Years AppNo Area_Street Parc_Deleted
CouncilId Parc_App_No FK_Parc_ID CouncilId Delete_User
Area_Name Parc_ref Tenement_No
FK_App_ID CouncilName Delete_Date
Area_Street PropertyDrawing From_Date
Pers_ID Create_User Parc_Ten_No
Parcel_Area Appendix To_Date
Pers_Name Create_Date Parc_Acq
Xaghri_Area LRPropertyNo Parc_BS
Pers_Surname Modify_User
App_Final FieldArea
Pers_Gender Modify_User Parc_Aff
App_Remarks FieldPerim Parc_Rej_ID
Pers_IDCard App_Acquisition Parc_Class FieldAreaPayable Parc_Rej_Desc
Pers_Addr_Name Parc_Type
App_Insolidum FieldRent
Pers_Addr_Tel Parc_Final Parc_Rej_Date
App_Wayleave RoomArea
Pers_Addr_Str Parc_Deleted Parc_LR_No
App_Status RoomAreaPayable
Pers_Addr_Council_ID Delete_User Parc_LR_App_No
InProc_Date RoomRent
Pers_Addr_Council Delete_Date Parc_GovDP_Ind
Prob_Date AnnualRent
Pers_Addr_PC Parc_Ten_No Parc_Pending
Prob_Rem RentYears
Parc_Acq Parc_PendingRem
Approved_Date TotalRent Obj
Rej_ID Parc_BS OccTomna
Rej_Date Parc_Aff ALPS_STRUCTURES_AGR
OccTomnaPayable
Rej_Rem Parc_Rej_ID OccupationRent
ALPS_PERSON_APP_LINK App_Withdrawn Parc_Rej_Desc TotalOccupationRent
With_Date Parc_Rej_Date TotalPayment St_ID
With_Rem Parc_LR_No
St_Parcel_ID
Obj_ind Parc_LR_App_No
St_FK_Agr_ID
PP_ID Obj_count Parc_GovDP_Ind
St_Type
PP_Pers_ID Obj_Rem Parc_Pending
St_Type_ID
PP_Parcel_ID App_MDS_Leased Parc_PendingRem
ALPS_PARCELS_AUDIT St_Area
App_RL Obj
St_SS ALPS_USERS ALPS_TEN_NO
App_RL_ltrDate Parc_id St_BP
App_RL_rtnDate Parc_App_No St_BP_ltrDate
App_ValidRL Parc_ref St_BP_rtnDate
App_ValidRL_ltrdate FK_App_ID St_ValidBP User_Name GPD_prefix
App_Leased_Rem ALPS_STRUCTURES Password GPD_seq_no
Modify_User St_Rej_ID
Modify_User St_Rej_Desc User_Role JO_prefix
Parc_Class St_Rej_Date JO_seq_no
St_ID Parc_Type St_Ten_No
St_Parcel_ID Parc_Ten_No ALPS_TEN_AUDIT
ALPS_AUDIT
St_FK_App_ID
ALPS_APPLICATIONS_LINK Alps_pds St_Type
St_Type_ID
St_Area Audit_ID
Audit_ID
St_SS App_ID
APD_ID App_ID
aal_id St_BP Parcel_ID
Table_Name
fk_app1_id App_ID Old_Tenement_No
St_BP_ltrDate Row_ID
app1_no PD_Name Tenement_No
St_BP_rtnDate Trans_Type
fk_app2_id User_Name User_Name
St_ValidBP User_Name
app2_no Create_Date Trans_Date
St_Rej_ID Trans_Date
aal_remarks Finalised St_ID
St_Rej_Desc
Finalised_Date
St_Rej_Date
St_Ten_No
9
Appendix 3 – Joint Office Database (JOdB)
Table: tblContract
Columns
Name Type Size
tContractId Number (Long) 4
tContractJOId Number (Long) 4
tContractTypeId Number (Long) 4
tContractDueDate Text 5
tContractArrears Text 1
tContractRevisable Yes/No 1
tContractRevDate Date/Time 8
tContractPayAnnum Number (Double) 8
tContractExpiryDate Date/Time 8
tContractLRANo Text 50
tContractTitleNo Text 50
tContractRedemptionDate Date/Time 8
tContractPayFreq Number (Long) 4
TContractPayCurrency Text 20
Table: tblContractType
Columns
Name Type Size
tContractTypeID Number (Long) 4
tContractTypeDesc Text 100
tContractTypeDateReq Yes/No 1
tContractTypeCateg Text 1
10
Table: tblControlCommittee
Columns
Name Type Size
tpropid Number (Long) 4
tCapAmt Number (Double) 8
tValidAmt Number (Double) 8
tCapitalDifference Number (Double) 8
tCorrectionDate Date/Time 8
tFormRecieved Yes/No 1
tValueCheck Yes/No 1
tCorrectionRequired Yes/No 1
tFormRecievedDate Date/Time 8
Table: tblFunctions
Columns
Name Type Size
tFunctionsid Number (Long) 4
tFunctionName Text 50
tFunctionDesc Text 50
Table: tblGroupRights
Columns
Name Type Size
tGroupId Number (Long) 4
tFunctionId Number (Long) 4
tEnable Yes/No 1
Table: tblGroups
Columns
Name Type Size
tGroupId Number (Long) 4
tGroupDesc Text 50
Table: tblLocation
Columns
Name Type Size
tlocationid Number (Long) 4
tlocationdesc Text 20
Table: tblPayFrequency
11
Columns
Name Type Size
tpayfreqid Number (Long) 4
tpayfreqdesc Text 50
taddmonths Number (Long) 4
Table: tblPayments
Columns
Name Type Size
tpayReceipt Text 10
tPayPropId Number (Long) 4
tPayPropDate Date/Time 8
tPayPropAmount Number (Double) 8
tPayPropFrom Date/Time 8
tPayPropTo Date/Time 8
tPayTenants Memo -
tPayHouse Text 100
tPayStreet Text 100
tPayLocality Text 50
tPayContractType Text 50
tPayContractArrears Text 1
tPayJOFILENO Text 20
tPayCuriaRef Text 14
tPayPostCode Text 10
tPayDetails Text 100
tAuditUser Number (Long) 4
tAuditDate Date/Time 8
tAuditProcedure Text 50
tPrint Yes/No 1
tCancel Yes/No 1
Table: tblProperty
Columns
Name Type Size
tPropId Number (Long) 4
tPropCuriaRef Text 12
tPropJONumber Text 13
tPropJOPart Text 3
tPropTenement Text 5
tPropHouse Text 100
tPropStreet Text 100
tPropLocality Number (Long) 4
tPropPostCode Text 10
tPropStopPayment Text 3
tPropSPReason Text 100
tPropTypeId Number (Long) 4
tPropRemarks Memo -
Lock Yes/No 1
LockUser Number (Long) 4
tAuditUser Number (Long) 4
tAuditDate Date/Time 8
tAuditProcedure Text 50
tPropAnnex8Pg Text 6
Table: tblPropertyType
Columns
12
Name Type Size
tPropTypeID Number (Long) 4
tPropTypeDesc Text 254
Table: tblReceipts
Columns
Name Type Size
tRecLetter Text 2
tRecNumber Number (Long) 4
Table: tblTenant
Columns
Name Type Size
tTenantId Number (Long) 4
tTenantJOId Number (Long) 4
tTenantSurname Text 50
tTenantName Text 50
tTenantGovId Text 10
tTenantHouse Text 100
tTenantStreet Text 100
tTenantLocality Number (Long) 4
tTenantPostCode Text 6
tTenantTelephone Text 10
tTenantOther Memo -
Table: tblUsers
Columns
Name Type Size
tuserid Number (Long) 4
tuserlogon Text 8
tuserPassword Text 50
tusername Text 50
tuserGovID Text 10
tuserGroup Number (Long) 4
tuserActive Yes/No 1
13
Table: tblProperty
tPropId 157248
tPropCuriaRef 101000020005
tPropJONumber P/0055/1998
tPropJOPart
tPropTenement 12345
tPropHouse PLOT 10
tPropStreet VIRTU ESTATE
tPropLocality 49
tPropPostCode
tPropStopPayment SP
tPropSPReason REDEEMED
tPropTypeId 61
tPropRemarks
Lock
LockUser
tAuditUser 29
tAuditDate 15/04/2003 18:43:00
tAuditProcedure Amended
tPropAnnex8Pg 236/02
Table: tblTenant
tTenantId 23445
tTenantJOId 157248
tTenantSurname BORG
tTenantName JOSEPH
tTenantGovId
tTenantHouse 23
tTenantStreet TRIQ IL-KBIRA
tTenantLocality 49
tTenantPostCode
tTenantTelephone 21123456
tTenantOther
Table: tblContract
tContractId 40746
tContractJOId 157248
tContractTypeId 2
tContractDueDate 01/09
tContractArrears Q
tContractRevisable
tContractRevDate
tContractPayAnnum 30.20
tContractExpiryDate
tContractLRANo 0940/1994
tContractTitleNo 447000024
tContractRedemptionDate
tContractPayFreq 1
TContractPayCurrency Maltese Liri
Table: tblPayments
tpayReceipt A000001234
tPayPropId 157248
tPayPropDate 18/09/2001
tPayPropAmount 90.600
tPayPropFrom 01/09/1999
tPayPropTo 31/08/2002
tPayTenants JOSEPH BORG
tPayHouse PLOT 10
tPayStreet VIRTU ESTATE
tPayLocality 49
tPayContractType CENS PERPETWU RIVEDIBBLI
14
tPayContractArrears Q
tPayJOFILENO P/0055/1998
tPayCuriaRef 101000020005
tPayPostCode
tPayDetails
tAuditUser 25
tAuditDate 18/09/2001 10:42:00
tAuditProcedure
tPrint Yes
tCancel No
Table: tblControlCommittee
tpropid 157351
tCapAmt 4.00
tValidAmt 3.00
tCapitalDifference -1.00
tCorrectionDate 05/12/2000
tFormRecieved No
tValueCheck No
tCorrectionRequired Yes
tFormRecievedDate
15
Appendix 4 – LEMIS ITT – Section 9 – Cost Schedule Addendum
The following table should be included at the end of Section 9 – Cost Schedule of the LEMIS
ITT.
Signature
Full Name
Position
Organisation
Address
VAT No.
Trading Licence No.
Email address
Telephone No.
Fax No.
16
Related docs
Other docs by aus12721
