Ref : NEA000ETQ20300207

Date : 24 Aug 2020

RE : QUOTATION FOR SUPPLY AND DELIVERY OF RADIOSONDES

Dear Sir / Madam,

1. The National Environment Agency invites you to submit a quote for Quotation for Supply and
Delivery of Radiosondes.

2. You shall submit your quote through GeBIZ not later than 1 pm Singapore time on 07 SEP 2020.
Any submission after this date and time will not be accepted.

3. If you encounter problems in your submission via GeBIZ, please contact the GeBIZ Helpdesk for
technical support at contact no: 6482 7121 and email: [email protected] before the closing
time.

4. You are advised to read carefully and comply with the enclosed documents:

a. Section A: Instructions to Supplier

b. Section B: Quotation Conditions of Contract
c. Section C: Requirement Specifications
d. Appendixes

5. All enquiries regarding this Invitation to Quote shall be submitted to Cheong Kin Yew,
[email protected] or Mr Ang Eng Peng, [email protected].

<<Signature is not required for electronic copy>>

Lesley Choo
Director
Meteorological Systems Department
Meteorological Service Singapore
National Environment Agency
 SECTION A

INSTRUCTIONS TO SUPPLIER

1. Quotations must be submitted through GeBIZ ITQ. Hardcopy or email submissions to the
National Environment Agency (“Agency”) will not be accepted.

2. All quotations are to be valid for 90 days from the closing date of the quotation but the Agency
reserves the right to recall the quotation before the expiry date of the quotation.

3. The Agency reserves the right to accept the quotation in part or in full. The lowest quotation will
not necessarily be accepted and under no circumstances will any expense incurred by the
supplier in the preparation of his quotation be borne by the Agency.

4. The supplier shall provide explicit responses of non-compliance with any other technical
requirements enclosed in the Conditions of Contract and/or Requirement Specifications. In the
event of any non-compliance with the technical requirements, the supplier shall satisfy the
Agency (by providing a certification from the manufacturer of the item offered or a copy of the
relevant extract from any reputable publication citing clearly its title and edition) that the form,
fit and function of the items offered are equivalent to the goods or services required and that
they are interchangeable. Where the supplier fails to satisfy the Agency in the manner above,
the quotation is liable to be rejected.

5. A Letter of Acceptance may be issued:

(a) through GeBIZ to the successful supplier , or

(b) to the successful supplier’s address as given in his quotation by hand or by post.

Such issuance of the Letter of Acceptance through GeBIZ, by hand or by post shall be deemed
effective communication of acceptance.

6. All rates and prices shall be quoted in Singapore Dollars and shall exclude the Goods and
Services Tax (GST) chargeable on the supply of the goods and services.

7. All payments to the successful supplier shall be made to his bank account through the Inter-
Bank GIRO System.

8. The Conditions of Contract in Section B shall form the entire terms and conditions under the
contract. The successful Contractor shall not introduce any additional terms and conditions
when submitting his quotation. Any quotation that attempts to vary the Conditions of Contract
in Section B or Submission of Quote Section D is liable to be rejected.

9. Supplier will be assessed according to the evaluation criteria stated in the requirement
specification (Section C). Quotations which failed to comply with the critical evaluation criteria
stated shall be rejected.

10. Any company or business who is currently debarred from participating in government tenders/
quotations shall not be eligible to participate in this quotation. If a quotation is submitted without
explicitly mentioning that the supplier is currently debarred, the Agency shall treat the
submission of the quotation as a declaration by the supplier that the supplier is eligible to
participate in this quotation and, if such a declaration is discovered to be false, the Agency will
be entitled to rescind any contracts entered into pursuant to such a quotation, without the
Agency being liable therefore in damages or compensation.
 SECTION B

QUOTATION CONDITIONS OF CONTRACT

Should your offer be accepted, the Terms and Conditions as set out in this Section and the terms and
conditions in the GeBIZ Terms and Conditions shall govern the Contract between the Agency and your
company.

1. DEFINITIONS

1.1 In this Conditions, unless the context otherwise requires:

(a) "Agency" means the National Environment Agency, a statutory board constituted under
the National Environment Agency Act (Cap. 195), and includes any officer authorised by
the Agency to act on its behalf.

(b) "Contract" includes the Agency’s ITQ Message, the Contractor’s Quote Message or offer
(submitted through GeBIZ), these Conditions of Contract, the specifications and samples,
Letter of Acceptance, Order Message or any Orders issued by the Agency to the
Contractor for the supply of the Goods and/or performance of Services.

(c) "Contract Price" means the price exclusive of the Singapore Goods and Services Tax
payable to the Contractor for the full and proper performance by the Contractor of his part
of the Contract as determined under the provisions of the Contract and in law.

(d) "Contractor" means the successful supplier who has been awarded the Contract by the
Agency.

(e) "Goods" means all goods, including parts or units thereof, which the Contractor is required
to supply under the Contract.

(f) "Services" means the work which the Contractor is required to perform under the Contract.

1.2 Words importing the singular include the plural and vice versa.

1.3 The headings are for convenience only and not for the purpose of interpretation.

2. SCOPE OF CONTRACT

2.1 The Contractor shall carry out and complete the supply of all items of Goods and perform Services
in accordance with the Contract. Unless otherwise stated in the Contract, all Goods shall be new
and unused.

3. DELIVERY

3.1 The Contractor shall deliver the Goods and perform the Services by the Delivery/Performance
Date and in the manner specified in the Contract. The Contractor shall obtain a receipt therefore
from the Agency. The issue of such receipt shall in no way relieve the Contractor from his
responsibility for replacing defective or damaged Goods or for rectifying deficient Services under
Clause 4 hereof.

4. FAILURE TO PERFORM

4.1 If the Contractor does not perform any of his obligations in accordance with the Contract, the
Agency reserves the right to take the following actions:

(a) cancel the contract with the Contractor without being liable to the Contractor for
damages and claim for any additional costs which are incurred as a result;
(b) make deductions from any payments due to the Contractor; and
(c) claim damages from the Contractor, including the costs of making such a claim.
 SECTION B

5. WARRANTY

5.1 The Warranty Period shall commence on the date of receipt of the Goods and on the date of
acceptance of the Services in Singapore. The length of the Warranty Period shall be twelve (12)
months or such period as agreed in writing.

5.2 Where during the Warranty Period, any Good(s) is found to be:

(a) Defective in design, materials or workmanship; or

(b) Not in accordance with the Contract or any specifications incorporated in the Contract by
written agreement; or

(c) Having been installed, operated, stored and maintained in accordance with the written
instructions of the Contractor, fails to function properly or fails to meet any performance
guarantees or specifications published by the Contractor as applicable to the Good(s);

then unless it is shown that the foregoing is caused solely by improper use or mishandling by the
Agency, the Contractor shall, at its own expense (including transportation costs), at the written
notification of the Agency, replace, rectify or completely repair the damaged or defective Good(s).
The Contractor may, in lieu thereof, elect to replace the damaged or defective Good(s).

5.3 If any Service performed is found during the Warranty Period to be deficient, the Contractor shall
at the written notification of the Agency, rectify the same, at the expense of the Contractor within
thirty (30) days of receipt of the Agency’s written notification or within such time as
mutually agreed in writing between parties.

6. PAYMENT

6.1 Within thirty (30) days from the date of invoice or date of receipt of invoice of any Goods delivered
and Services performed in accordance with Clause 3.1 of the Contract and upon presentation by
the Contractor of his bills in accordance with such means and in such format as may be specified
by the Agency and the Agency's receipt as referred to in Clause 3.1 of the Contract, the Agency
will make payment to the Contractor of the full value of all Goods so delivered and Services so
performed provided that no payment shall be considered as evidence of the quality of any Goods
and Services to which such payments relates nor shall it relieve the Contractor from his
responsibilities under Clause 4 hereof.

6.2 Where delivery is by consignments, payment will be made within 30 days after delivery of each
consignment and the receipt of the documents referred to in Clause 3.1.

7. RIGHTS OF THIRD PARTIES

7.1 A person who is not a party to this Contract shall have no right under the Contracts (Rights of
Third Parties) Act to enforce any of its terms.

8. NOT IN USE

9. SUB-CONTRACTING AND ASSIGNING

9.1 The Contractor shall not sub-contract or assign the Contract without the prior written consent of
the Agency.

10. SUSPENSION OR TERMINATION

10.1 The Agency shall, after giving seven (7) days prior written notice to the Contractor, have the
right to suspend or terminate the Contract if the Agency is affected by any state of war, Act of
God or other circumstances seriously disrupting public safety, peace or good order of the
Republic of Singapore. Neither party shall be liable to the other by reason of such suspension
or termination save that the Agency shall pay the Contractor the price of the Goods delivered
and accepted by the Agency as at the date of written notice of termination or suspension. The
Agency shall have title to such Goods delivered and accepted. The Contractor shall refund the
 SECTION B

balance of any payments or deposits made after deducting any outstanding sums owing by the
Agency to the Contractor by reason of this Clause.

10.2 The Agency may terminate the Contract immediately by giving the Contractor written notice of
such termination under any of the following circumstances:

(a) if required to do so by any government or regulatory authority of competent jurisdiction;

(b) the Contractor makes any representation, warranty or statement, whether in this Contract
or in any document, statement, notice or correspondence provided under or in connection
with this Contract that proves to be incorrect in any material aspect;

(c) any of the Contractor’s licences is revoked or suspended; or

(d) the Contractor contravenes any written law in Singapore.

10.3 The Agency may also terminate this Contract by giving the Contractor 30 days’ prior written
notice if any payment due from the Contractor to the Agency remains outstanding for a period
of 3 months or more, unless the Agency has agreed in writing to the payment being deferred.

10.4 Where notice of termination is given, the Contractor shall, as from the date of receipt of such
notice from the Agency:

(a) take immediate steps to bring the work and services to a close in a prompt and orderly
manner and reduce expenses to a minimum;

(b) refrain from undertaking any further commitments;

(c) if required by the Agency, transfer title and deliver to the Agency the fabricated parts, work
in process, completed work, supplies and other material produced or acquired for the
portion of the Contract terminated; and

(d) deliver all completed or partially completed plans, drawings, and any other information
subject to Intellectual Property Rights to the Agency; and

(e) submit to the Agency written accountings concerning all obligations performed or pending
in accordance with the Contract.

10.5 In case of termination under Clause 10.2 above, the Agency has the right to, at its own option:

a) have the work performed under its direct responsibility, in which case the Contractor shall
be obliged to pay all additional costs arising for the Agency;

b) have the work performed by way of a replacement contract with a third party, in which case
the Contractor shall be obliged to pay all additional costs arising for the Agency; and

c) have the work terminated, in which case the Agency shall be entitled to full compensation
for the expenses incurred by the Agency caused by the Contractor’s non-fulfilment of its
contractual obligations.

10.6 Upon termination of this Contract, all rights, obligations and liabilities of the parties hereto
accrued up to and including the date of such termination and those rights, obligations or
liabilities of the parties stated to survive the termination of this Contract shall not be affected by
the termination. In the case where either party exercises the right to terminate the Contract by
written notice, such obligations and liabilities shall continue to be performed and discharged
and accrued in accordance with the provisions hereof up to the date on which such notice of
termination expires, providing always that any liability of the Agency for loss of actual or
expected profit, and for indirect or consequential losses, is expressly excluded.
 SECTION B

11. GIFTS, INDUCEMENTS AND REWARDS

11.1 The Agency may terminate the Contract and recover from the Contractor the amount of any
loss resulting from such termination, if the Contractor shall have offered or given or agreed to
give to any person any gift or consideration of any kind as an inducement or reward for doing
or forbearing to do or for having done or forborne to do any action in relation to the obtaining or
execution of the Contract with the Agency or for showing or forbearing to show favour to any
person in relation to any Contract with the Agency, or if the like acts shall have been done by
any person employed by the Contractor or acting on his behalf (whether with or without the
knowledge of the Contractor) or if in relation to any Contract with the Agency the Contractor or
any person employed by him or acting on his behalf shall have committed any offence under
Chapter IX of the Penal Code or Prevention of Corruption Act or shall have abetted or attempted
to commit such an offence or shall have given any fee or reward the receipt of which is an
offence under Chapter IX of the Penal Code or the Prevention of Corruption Act.

12. VARIATION

12.1 No variation whether oral or otherwise in the terms of this Contract shall apply thereto unless such
variation shall have first been expressly accepted in writing by the Contractor and the authorised
contract signatory of the Agency.

13. CONFIDENTIALITY

13.1 The Contractor shall not make use of any information obtained directly or indirectly, or compiled
or generated by the Contractor, in the course of this Contract, other than for the purposes of
this Contract, without the prior written consent of the Agency.

14. APPLICABLE LAW

14.1 The Contract shall be subject to, governed by and interpreted in accordance with the Laws of
the Republic of Singapore for every purpose.

14.2 For the avoidance of doubt, until the Agency issues a Letter of Acceptance, an Order message,
or Purchase Order, this document (i) is not a contract and shall in no way be construed as creating
any legally binding obligation to purchase any Goods and/or Service from any Supplier; and (ii)
shall not be construed as providing or implying that a contract will be entered into with any
supplier.

15. WAIVER

15.1 No failure or delay by the Agency in exercising any right, power or remedy under this Contract
will operate as a waiver.
 SECTION B

16. DAMAGE TO AGENCY’S INSTALLATION(S) OR PROPERTY

16.1 The Contractor shall take all necessary precautions to ensure that the work does not cause any
damage to the Agency’s installation(s), or property. Such damage, if due to the Contractor’s
negligence, shall be made good at the Contractor’s own expense.

17. RESTORATION OF WORKSITE

17.1 The Contractor shall ensure that the work site is cleaned and restored to its original condition
upon completion of the work.

18. INDEMNIFICATION OF AGENCY AGAINST CLAIMS

18.1 Without prejudice to his liabilities in regard to fulfilling his obligations under this Contract, the
Contractor shall be liable for and shall indemnify and keep the Agency fully indemnified against
any claims, proceedings, damages, expenses, liabilities, losses or costs (including legal costs)
whether direct, indirect or consequential, in respect of the following:

(i) any personal injury to or death of any person (including the employees of the Agency and
any staff, employee, servant or agent of the Contractor) howsoever arising out of, in the
course of or by reason of the carrying out of the Services; and

(ii) damage to or loss of any kind to any property real or personal (including any property of
the Agency and any statutory or public authorities) insofar as such damage or loss arises
out of or in the course of or by reason of the carrying out of the Services

PROVIDED ALWAYS that the same is not due to any gross negligence or wilful default of the
Agency or of any person for whom the Agency is responsible.

18.2 For the avoidance of doubt, the indemnity provided by the Contractor shall include any damages
or compensation payable at common law or under any statute in respect of or in consequence
of any accident, illness, injury to any workman or other person in the employment of the
Contractor or any sub-contractor.

19. OPTION TO PURCHASE

19.1 The Contractor grants the Agency the option to purchase the item(s) specified in the
requirement specifications of this Contract. The Option to Purchase shall be exercisable by issuance of
a Purchase Order by the Agency before the date specified in the requirement specifications of this
Contract (Option Validity Date). If the Agency exercises the Option to Purchase, the item(s) purchased
shall form part of the Goods defined in this Contract and subject to the same terms and conditions
(inclusive of any amendments).

19.2 The Option to Purchase may be exercisable by the Agency in whole or in part.