INSTRUCTIONS TO TENDERER - GRED G3, G4, G5 & G6
1. General
This Instructions to Tenderer, insofar as they may affect or relate to the
execution of the Contract shall be deemed to form part of the Contract.
2. Conditions of Tendering
The tenderer’s attention is specially drawn to the whole contents of Section
B – Form of Tender (JKR 203B – Pind. 5/2008) for his information and/or
compliance in addition to the instructions/conditions mentioned hereinafter.
3. Visit To Site and Enquiries
3.1 The Tenderer will be deemed to have visited the site and satisfied
himself on all matters affecting his tender. He is also advised to
make local enquiries concerning the availability and cost of any
construction plant, material, labour, accomodation, temporary
supplies of power, water supply and access to site etc. It is pertinent
here to draw the attention of the Tenderer to the contents of Clause 7
of Conditions of Tendering (Section B) and Clause 11 in Conditions
of Contract (Section D).
3.2 Any claim arising out of lack of knowledge pertaining to site and
works condition shall not be entertained.
4. Preparation of Tender
4.1 The Form of Tender must be completed and signed by an authorised
personnel of the Tenderer’s firm, as stated in the Construction
Industry Development Board Malaysia (CIDB). Failure to do so will
render his tender disqualified for consideration and rejected.
4.2 In addition, the Tenderer is also required to complete the following
documents:
a) Section D2 - Special Provision to the Conditions of
Contract (Variation of Price)
b) Section F - Provisional Bills of Quantities
c) Section F3 - Schedule of Daywork Rates
d) Section J - Supporting Document
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4.3 In the preparation of Tender, the Tenderer should refrain from
departing from the contents of any of the Tender Documents or
inserting new terms, conditions or stipulations in his offer and by
virtue of his submission of Tender, it is deemed that he has clarified
all doubts etc. pertaining to the various documents constituted herein
as Tender Documents.
4.4 All particulars to be filled in the tender document are to be made in
ink & should be legible. Any written errors made shall be neatly
deleted and the correction written neatly above the cancellation and
all correction made shall be initialed by the tenderers. The usage of
liquid paper is not allowed.
5. Information of the Tenderer’s Financial Standing and Technical
Capacity
5.1 Tenderers are to take note that the evaluation of Tender shall take
into consideration and regard with importance to Tenderer’s ability to
execute the work besides the reasonableness of the Tender Sum.
The Tenderer’s capability will therefore be assessed based on the
financial capacity, construction experience, technical staff, availability
of plant/equipment and the current performance of the Tenderer at
the time of tender.
5.2 To enable the evaluation to be carried out, Tenderers are required to
furnish the following documents with their Tenders:
i) The Company’s Statement of Accounts (Balance Sheet),
audited by a certified Public Accountant, for the last financial
year, if none, for the past one (1) financial year before.
ii) Monthly Bank Statements of the Tenderer’s cash in hand for
the last three (3) months prior to date of closing of tender.
iii) Confidential report from Bank/Financial Institution regarding
Tenderer’s financial standing using the format as in Form BA,
in a sealed envelope.
iv) Copies of the Completion Certificates for each of the works
completed as listed in Form (c), Section J - Supporting
Documents.
v) A copy of the EPF contribution Statement for the last month
and the names of each technical staff as listed in Form (e),
Section J - Supporting Documents.
vi) Copies of certificates/qualifications of each technical staff in
Category A and B as listed in Form (e), Section J - Supporting
Documents.
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vii) Copies of the Registration Certificates or other documents to
prove the ownership or leasing agreements for all plant and
equipment as listed in Form (f), Section J - Supporting
Documents.
5.3 The above documents are of vital importance for the evaluation of the
capability of the Tenderer. If the Tenderer fails to submit all the
documents especially documents (i) or (ii) above, the tender shall be
disqualified and shall not be given further consideration.
5.4 If the Tenderer fails to submit any or part of the document (iii), (iv),
(v), (vi) and (vii), the information/data contained in the relevant forms
which cannot be verified due to insufficient documents shall be
treated as invalid and shall not be considered for the evaluation of
the Tenderer’s capacity, unless the information gives a negative
value to the Tenderer’s capacity.
5.5 In addition to the above documents, the Tenderer is also required to
complete and submit with the Tender all particulars called for in
Section J, Supporting Documents.
i) Form (a) - Background Information on Tenderer
ii) Form (b) - Financial Data
iii) Form (c) - Works Experience Record
iv) Form (d) - List of Current Projects
v) Form (e) - Technical Staff
vi) Form (f) - List of Construction Plant and Equipment
vii) Form (g) - Surat Pengakuan Kebenaran Maklumat
Dan Keesahan Dokumen yang
dikemukakan oleh Petender
The forms must be filled with true information and accurate data. If
necessary, additional sheets may be attached.
5.6 Tenderers who tender in joint-ventures of two or more companies are
each required to complete all the forms and submit the supporting
documents separately.
5.7 All the above information and documents must be submitted together
with the Tender on or before the closing date of Tender. All
information and documents submitted later than the closing date of
Tender shall not be considered for evaluation of the Tenderer’s
capacity.
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5.8 If a Tenderer is found to have submitted false information of
intentionally withheld information bearing a negative impact towards
his capacity, his Tender shall be automatically disqualified and
disciplinary action shall be recommended upon him.
6. Discrepancies in Tender Document
Should a Tenderer discover any discrepancy between the Tender Drawing,
Bills of Quantities and/or Specification, the Tenderer shall immediately refer
the matter to *
who would resolve and/or issue instruction in regard thereof. The
solution/instruction is only valid if made in the form of an official Addendum
as stated in para 7 below.
7. Addendum
Before the final date for the submission of Tender,
*
may issue Addendum to clarify or alter the whole or part of the Tender
Document. Each Addendum issued will be circulated to all Tenderers and
shall form part of the Tender Document. Receipt of the Addendum shall be
notified by the Tenderer through the Confirmation Form enclosed with the
Addendum. Failure to fill the Form could result in the rejection of the
Tender.
8. Verbal Interpretation
Verbal interpretation to any part of the Tender Document conveyed to
tenderer on their request either verbally or in writing shall not be regarded
as amendment to any provisions and conditions in the Tender Document.
Any amendment or notification to any part of the Tender Document shall be
made in writing in the form of addendum as stipulated in para 6 and 7
thereof.
9. Special Provisions to the “Conditions of Contract”
The Tenderer’s attention is drawn to the contents of Section D2 of the
Tender Documents wherein the following provisions are mentioned.
9.1 Adjustment to the Contract Sum in respect of variation in price.
These provisions shall be taken into consideration by the Tenderer in his
tender.
*Director’s office that issues the document/Party receiving the tender.
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10. Submission of Tender
The bound Tender Documents together with letters (if any) and the
proposed method for the execution of the Works must be submitted in a
sealed invelope bearing no indication of the identity of the sender. The
envelope shall be endorsed:
TENDER FOR : Name of Project:
Tender No:
And addressed :
*
so as to reach that address or lodged in the Tender Box on or before the
date and time specified in the Tender Notice.
11. Tender Opening Results
The tender results shall be displayed on the Notice Board at the office of the
*
12. Performance Bond
As stated in the Special Provisions to the Conditions of Contract, the
Tenderer may choose one of the following forms of Performance Bond.
i) Bank/Licensed Finance Company/Insurance Guarantee
or
ii) Performance Guarantee Sum whereby ten percent (10%) shall be
deducted from each interim payment until the total sum retained is
equivalent to five percent (5%) of the Contract Sum.
*Director’s office that issues the document/Party receiving the tender.
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The tenderer is required to state in the Form of Tender his choice for
Performance Bond either as a Bank/Licensed Finance Company/Insurance
Guarantee or a Performance Guarantee Sum.
13. Materials of Malaysian Origin
Materials of Malaysian origin are to be used where applicable in the Works
by the Tenderer to the exclusion of imported materials and he shall allow for
this special requirements in his tender. In no circumstances will the
Tenderer be permitted to use imported materials unless the S.O. is satisfied
that certain of the materials specified are either unavailable or are available
but of sub-standard specification.
14. Tender Expenses/Award
The Government of Malaysia will not defray expenses incurred in tendering
and will not be bound to accept the lowest or any tender. The Government
reserves the right to reject the Tender in whole or in part. Any Tender that
is incomplete, ambiguous and noncompliance with instructions, will not be
considered. No reason will be assigned for the rejection of any tender.
15. Bills of Quantities
The Bills of Quantities shall be priced using UNDELETIBLE INK. The total
amount priced in the Bills of Quantities by the Tenderer shall be the same
as the amount stated in the Summary of Tender and the Form of Tender. If
the Tenderer did not price for any item in the Preliminaries or placed a ‘-‘
sign against any item in the Bills of Quantities, the value shall be considered
as covered by other items and rates in the Bills of Quantities. No alteration,
addition and unpermissible notation, which differs from the original text shall
be made in the Bills of Quantities.
16. Special Permission
Tenderers who have obtained special permission to participate in this tender
must enclosed copies of all the relevant letters.
17. Tender Validity
This Tender shall remain valid within ninety days (90) from the final date
fixed for the submission of tenders and shall not be withdrawn within this
time. The Tenderer will not be required to submit any tender deposit for this
Tender. However, if the Tenderer withdraws during the tender validity period
or any extended validity period thereof, or refuses to accept the tender after
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it has been awarded, disciplinary action shall be taken against him, where
the Tenderer’s registration as a Government contractor shall be:
17.1 suspended for two (2) years for the first offence
17.2 suspended for five (5) years for the second offence, and
17.3 revoked for subsequent offence.
18. Laws, Regulations and Requirements
The contractor shall comply to Part VIII of the Lembaga Pembangunan
Industri Pembinaan Malaysia Act 1994 and the Construction Industry (Levy
Collection) Regulations 1996, and shall submit a notification of Form CIDB
L1/96 to the Lembaga not later than 14 days after the issuance of the Letter
of Acceptance/Letter of Award/or any document that constitutes
accceptance of a contract of works, or not less than 14 days before the
commencement of the works, whichever date is earlier.
19. Tenderers in a Joint Venture
Tenderers in a joint venture are required to submit a Joint Venture
Agreement with their tender document. The agreement shall include the
provision of each partner’s equity and that the partners to the joint venture
shall be liable jointly and severally. This agreement shall be signed by all
partners and be stamped.
20. Tender Evaluation Criteria
Evaluation of Tenders will be carried in three stages as follows:
20.1 Preliminary Evaluation (Stage 1) of the short-listed tenders shall be
carried out to assess the following:
i) Conformity with tender requirements
ii) Sufficiency of Compulsory Documents – Tenderers are
reminded that it is highly important to furnish all particulars
called for as their technical and financial capability to perform
the Contract will be evaluated mainly based on the information
provided. In this respect, the following documents have been
designated as Compulsory Documents which must be
submitted by the Tenderer in order for their Tender to be
considered, i.e.
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a) Copy of the Company’s Statement of Accounts
(Balance Sheet) which has been audited by a certified
public accountant for the last financial year, if none, for
the past one (1) financial year before.
Or
Copy of the monthly bank statement for the last three
(3) months before closing of Tender
and
b) List of Current Contracts at the time of Tender to be
filled in Form (d) and Project Engineers’s Report on
Tenderer’s Current Performance (Form DA), Section J -
Supporting Document.
Tenderer who fail to submit the above compulsory documents or who
submit incomplete/false information shall result in the disqualification
or rejection of their Tender.
iii) Satisfactory performance of current works – Tenderer whose
performance on any current project is unsatisfactory, i.e.
where progress is 20% or more behind schedule or facing
determination action, shall be rejected and not be given further
consideration.
Only Tenderers who pass Stage 1 evaluation shall be assessed in
the next stage. Tenderers who fail to comply with any of the
prerequisites (i), (ii) or (iii) above shall not be eligible for further
consideration.
20.2 Evaluation of Tenderer’s Capacity (Stage 2) is carried out on short-
listed Tenderers who have passed Stage 1. The following factors are
used to assess the Tenderer’s capability to execute the Works:
i) Financial Capacity – the evaluation is based on the minimum
capital requirement and shall be calculated as follows:
TWC = AWC – 2(MV)
Where TWC = Total Working Capital available to finance
this Contract
AWC = Available Working Capital, i.e. Working
Capital as shown in the balance sheet or
the average of monthly bank statements
for the last 3 months plus any available
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credit facilities from bank or financial
institutions.
MV = Monthly Value of uncompleted portion of
current works.
The Tenderer’s capacity is evaluated based on the ratio of TWC
compared to the minimum capital required for the project being
tendered, which shall be taken as 5% of Tender Price.
ii) Technical Capability – the folowing factors are used to assess
the Tenderer’s technical capacity:
a) Experience in executing Works of similar and/or
comparable nature.
b) Technical Personnel: this factor is assessed based on
the number of technical personnel in the employment of
the Tenderer and their respective experience compared
to the Estimated Minimum Requirement (EMR) to carry
out the Works satisfactorily.
c) Plant and Equipment: the Tenderer should show
documentary proof that he has the capability to mobilise
the number and type of plant and equipment required
for proper execution of the Works. Relevant
documents/registration certificates shall be submitted to
prove the ownership of such plant/equipment. The
Tenderer should also substantiate leasing or hiring
arrangements with proper documentary evidence if he
proposes to use hired or leased plant.
20.3 Stage 3 involves the overall evaluation of the short-listed Tenderers
and determination of the most beneficial tender for recommendation.
21. Bribery
Any offer amounting to bribery or any other insentives which could be of
significant to the Tenderer’s status, shall cause the immediate rejection of
the Tender.
22. Department of Environment’s Requirements
The Tenderer shall allow for any cost for compliance with the requirements
of the Department of Environment in so far as it relates to the proper
execution and completion of the Works.
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23. Programme and Method of Working
23.1 The Tenderer shall submit with the Tender a construction programme
in the form of a bar chart or network and details of his proposed
scheme for the execution of the Works with descriptions and where
necessary, drawings of the methods, plant and temporary works to
be used.
23.2 It is understood that the acceptance of the Tender may be contingent
to modifications being done to this construction programme
submitted.
24. Government’s Procurement Policy On Imported Goods and Foreign
Services
24.1 In line with the Government’s Procurement Policy On Imported
Goods and Foreign Services the Tenderer shall be deemed to have
allowed in his tender all cost and time necessary for full compliance
with the Special Provision to the Conditions of the Contract regarding
the Restriction and Procedure on the use of Imported Materials and
Goods.
24.2 The Contractor will not be permitted to import any materials, plant,
equipment, vehicle or other goods to be incorporated into the Works
or supplied under the Contract except those Imported Materials and
Goods approved by the Government.
25. Commencement of Works within two (2) weeks from Possession of
Site Date
Tenderer is to take note that the Works shall commence within two (2)
weeks from the date of possession of site as stipulated in the Letter of
Acceptance. `Commencing of Works’ means starting the preliminary site
work such as supplying the equipment and contruction materials, levelling
the ground, establishment of site office, supplying water and electricity and
other preliminary items stated in the tender document. If the Tenderer fails
to comply with the above requirement, the Contract shall be terminated in
accordance to Clause 51.1 (a)(i) of the Conditions of Contract.
26. Reminder Pertaining To The Offence Of Corruption
All tenderers are reminded not to be involved in the criminal activities of
corruption in relation to this procurement. Therefore all tenderers are
reminded as follows:
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26.1 Any act or attempt to corruptly offer or give, solicit or recive any
gratification to and from any person in connection with this
procurement is a criminal offence under the Malaysian Anti-
Corruption Act 2009 (Act 694).
26.2 If any person offers or gives any gratification to any member of the
public service, the latter shall at the earliest opportunity thereafter
lodge a report at the nearest office of the Malaysian Anti-Corruption
Commision or police station. Failure to do so is an offence under the
Malaysian Anti-Corruption Act 2009 (Act 694).
26.3 Without prejudice to any other actions, disciplinary action against a
member of the public service and blacklisting of the contractor or
supplier may be taken if the parties are involved with any act of
corruption under the Malaysian Anti-Corruption Act 2009 (Act 694).
26.4 Any Contractor or supplier who makes a claim for payment in relation
to this procurement although no work was carried out or no goods
were supplied or no services rendered in accordance with the
specifications and any member of the public service who certifies the
claim commits an offence under the Malaysian Anti-Corruption Act
2009 (Act 694)
27. ‘Integrity Pact’
27.1 Pentender wajib mengemukakan Surat Akuan Pembida seperti di
Section B2 bersama-sama dengan Dokumen Tender di mana ia
berwaad untuk tidak menawar atau memberi rasuah kepada mana-
mana individu lain sebagai sogokan untuk dipilih dalam tawaran
tersebut. Wakil Syarikat yang menandatangani Surat Akuan Pembida
hendaklah juga melampirkan Surat Perwakilan Kuasa
menandatangani bagi pihak Syarikat.
27.2 Surat Akuan Pembida tersebut adalah menjadi salah satu dokumen
wajib dalam penilaian tender peringkat pertama. Sekiranya pembida
gagal mengemukakan Surat Akuan tersebut yang telah
ditandatangani oleh pegawai syarikat yang bertauliah, pembida
tersebut akan dinilai sebagai gagal dalam penilaian peringkat
pertama (gagal mengemukakan dokumen wajib) dan penilaian
seterusnya tidak akan dilaksanakan
27.3 Kontraktor yang berjaya wajib mengemukakan Surat Akuan
Pembida Berjaya seperti di Section C2 beserta dengan Surat
Setujuterima yang telah ditandatangani di mana ia berwaad tidak
akan memberi rasuah sebagai ganjaran kerana mendapatkan
kontrak. Wakil Syarikat yang menandatangani Surat Akuan Pembida
Berjaya hendaklah juga melampirkan Surat Perwakilan Kuasa
menandatangi bagi pihak syarikat. Surat Akuan ini akan menjadi
sebahagian daripada Dokumen Kontrak.
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