differences between PWD and PAM tender documents.docx

SOME of the differences between PWD and PAM tender documents : Generally PWD - used in all government projects. can be modified for use in private projects. If modified to be used in private projects, then you will be asking the question that you pose to me in this forum. PAM - only used in private projects Performance Bond & Retention Money [ Bon Perlaksanaan dan Wang Jaminan Perlaksanaan ]

PWD - requires either Performance Bond OR Performance Guarantee Sum (Retention Money) Clause 13 [ JKR 203A v2007 ] PAM - requires both Performance Bond [ Clause 37 ] AND Retention Money [ Clause 30.5 ]. Insurance PAM - got clauses built in giving choices - either Employer or Contractor can buy the insurance for the works [ Clauses 20A, 20B, 20C ] PWD - contractor is always the one buying the insurance [ Clauses14,15,16 ] Consultants PAM - got clauses to define roles / responsibilities of the consultants [ Articles 3,4,5,6 ] PWD - only identified as 'S.O.'s Representatives' which have to be separately appointed with a letter by the S.O. [ Clause 3 ] Architect / S.O. [ Arkitek / Pegawai Penguasa ] PAM - the Architect is in charge and this term / designation is to be used in Specifications, Bill of Quantities and other parts of the document. PWD - "S.O." is in charge and normally this person is a government Officer who works in the Employer / Client's office. The Architect would normally be appointed as one of the S.O.'s Representatives. The architect can also assume the role of "S.O.", ie the architect is defined as the SO in the conditions. Sounds trivial and small matter but if you have a PAM tender document using words like S.O. in the Preliminaries or Specifications, what you have is

discrepancies because the word S.O. is not defined anywhere. Neither is the word 'Architect' defined anywhere in the PWD form of contract. Government / Employer In PWD contracts, the client is called the Government. In PAM contracts, the client is called the Employer. Sounds like simple but if you have a PAM tender document using words like Government, what you have is discrepancies. The word 'Government' is not defined and irrelevant in PAM documents in terms of contract administration. Tendering Procedure [ Tatacara Tender ] PWD - qualification to tender strictly based on valid PKK AND CIDB licensing. If tenderer breaks the tendering conditions, his license(s) can be suspended / blacklisted by the government. This is spelt out in PWD Form of Tender / Conditions of Tendering and only applies to tendering for government projects. PAM - not for government projects - only used in private projects. qualification to tender can be based on CIDB OR PKK licensing or other criterias. No standard Form of Tender / conditions of tendering. PAM tender documents require tenderers to submit Earnest Money when they submit their Tender. This is described / detailed in the Instructions to the Tenderers. In government projects, PWD tender documents do not impose requirement for Earnest Money with their Tender unless modified for use in Private tenders. When tenderers break tendering conditions in PWD or government tenders, they suspend or blacklist the PKK registration of the tenderer - he wont be able to participate in any government tenders for the suspended period.