Instruction to Tenderer

PEMBINAAN …………………………(IBS – REKA DAN BINA)

INSTRUCTIONS TO TENDERER CONTENTS: 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0 21.0 22.0 23.0 24.0 25.0 26.0 27.0

General Scope of Tender   Scope of Works Pre-Bid Documents Explanation of Pre-bid Documents Cost of Tendering Contractual and General Requirements Tenderer's Local Consultants The Tenderer's Organisational Planing Adhering to Conditions of Contract and Instruction to Tenderer  Inspection of Site Sufficiency of Proposal Proposal For Industrialized Buildings Systems Drawings, Sp Specification an and Go Government Re Requirement Contractor’s De Design, Materials an and Workmanship Currency to be used in the Tender   Contractor’s Tender Price Metric System Materials, Equipment and Machinery Language Registration as Government Contractor   Acceptance of Tender   Period of Validity of Tender   Tenderer's Proposal Period of Completion Participation of Class F Contractors Programme under 9th Malaysian Plan Submission of Tender  

INSTRUCTIONS TO TENDERER

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1.0

General This document shall be deemed to form and be read and construed as part of the Contract Documents. The Tenderer shall be deemed to have read this document thoroughly as failure to comply with the instructions contained herein may disqualify the tenderer's submission for this project .

2.0

Scope of Tender  

2.1

The Government of Malaysia (hereinafter referred to as `the Government') is desirous of having ....... (name of project)....... to be executed on a design and build basis based on a fixed time and fixed price contract.

3.0

Scope of Works 3.1

3.2

The works covered in this tender comprise the provision by the tenderer at his own risk and cost of all materials, scaffolding,tools, plants, professional services, labour, transport, water, light and everything else necessary for .... (name of  project).......all in strict accordance with the Government's Requirements. The scope of work shall include but not limited to the following facilities:a) b) c) d) e)

3.3 The details of the above scope of works refer in the Government's Technical Requirements (Volume 2 of 2)

4.0

Pre-Bid Documents The documents issued to the Tenderer by the Government will be referred to as the Pre-bid Documents.

4.0

Pre-Bid Documents (cont’d) The Pre-Bid Documents comprising of :

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Volume 1 of 2

–

Volume 2 of 2

Contractual and General Requirements Government Technical Requirements - needs statement for Architectural, Civil, Structural and Geotechnical, Mechanical and Electrical works

5.0

Explanation of Pre-bid Documents Should the need for any clarification on the Pre-bid documents arise, the Tenderer should within one (1) week after the issue of the Pre-bid Documents, communicate in writing with the Project Director (hereinafter  referred to as the "P.D.") for further explanation, clarification or  amplification. During the tender period, the Project Director may issue further  instructions or information. Any such instruction, information or  clarification will be given to the Tenderer as written Addenda to the Prebid Documents and such Addenda will be deemed to be part of the Prebid Documents.

6.0

Cost of Tendering The Tenderer will not be reimbursed for any expenses incurred in the preparation and submission of his proposal.

7.0

Contractual and General Requirements The Contractor shall fully comply with the Contractual and General Requirements as contained in the Pre-Bid Documents

8.0

Tenderer's Local Consultants The Tenderer shall submit a complete list of local Consultants to be employed for the project stating their job category and their  obligations. The local Consultants shall be qualified and competent and shall be registered with their respective Boards in Malaysia and the Ministry of Finance. The Tenderer's attention is also drawn to the fact that the Consultants shall be retained throughout the Contract Period including Defects Liability Period and shall not be discharged without the consent of the Project Director. Consultants shall also be involved in the supervision of the Works in order to certify the `As-Built Drawings' .

8.0

Tenderer's Local Consultants (cont’d) The Memorandum of Agreement between the Contractor and the consultants shall comply with the JKR Standard Form or guidelines accordingly.

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9.0

The Tenderer's Organisational Planning The Tenderer shall outline their organisation for planning and design works and for construction works in their tender.

10.0

Adhering to Conditions of Contract and Instructions to Tenderers The Tenderer's attention is drawn to the Instructions to Tenderers and the Conditions of Contracts and the tenderer shall adhere strictly to the same. All expenses which may arise due to compliance with such instructions or  conditions shall be deemed to have been reflected and included in the Tenderer's Contract Sum Analysis.

11.0

12.0

Inspection of Site 11.1

The Tenderer is required to visit the site and shall have inspected and examined the same as well as its surrounding and obtained information in connection therewith and have satisfied himself  before submitting his Proposal, as to the form and nature thereof  including the subsurface conditions, the hydrological and climatic conditions, existing services, the requirement of the electricity and water supply authorities, the requirements of the Syarikat Telekom Malaysia Bhd. and/or Jabatan Telekom, the requirements of other  authorities such as Jabatan Bomba, Jabatan Kilang dan Jentera, Jabatan Alam Sekitar, the relevant planning approval and local authorities having jurisdiction over the Works, the extent and nature of work and materials necessary for the completion of the Works, the means of access to the site and the accommodation he may require and, in general, shall have obtained all necessary information, as to risks, contingencies and all other circumstances which may influence or affect his Proposal.

11.2

Any such information forwarded by the Project Director shall not relieve the Tenderer of his obligations under the provisions of this Clause. The Government gives no guarantee for the information either, as to the accuracy or sufficiency, or as to how the same should be interpreted or otherwise howsoever and the Tenderer  shall make use of and interpret the same entirely on his own risk.

Sufficiency of Proposal The Tenderer shall have satisfied himself before submitting his proposal as to the correctness and sufficiency of his Proposal for the Works, and the Contract Sum, except in so far as is otherwise provided in the Contract, shall cover all his obligations under the Contract and all matters

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and things necessary for the proper design, construction, equipping, completion and guarantee of the works.

13.0

Proposal for Industrialized Building System (IBS) 13.1

The Tenderer is required to proposed a design of IBS component not less than 70% score as the Manual IBS Content Scoring System published by CIDB. The Contractor shall be fully responsible for the design, construction and maintainance of the whole works.

13.2 The Tenderer shall engaged a qualified and IBS CIDB certified IBS manufacturer to design and supply the specified IBS components. 13.3

The Tenderer is to submit the calculation of final IBS Score and provide all relevant supporting calculations to verify the correctness of the score at the time of tender submission.

13.4

The Tenderer is also to furnish scheme drawings for the construction of the building and detailed component drawings for  the IBS components at the time of tender submission for the subsequent tender evaluation. Each and every drawing must be certified by Professional Engineer (P.E) registered with the Board of Engineers, Malaysia.

13.6 Elements and components shall comply to the Malaysian Standard MS1064:2001 Guide To Modular Coordination (MC) in Building or  ltest edition published by CIDB. 13.7 When sufficient information is given on the requirements of the electrical and mechanical installations, relevant provisions must be allowed for in or on the IBS components prior to site erection. Cutting or hacking of IBS elements on site is to be minimised. For  small cutting and hacking work, (less than 100mm diameter) prior  written approval from the P.D must be obtained before work is done. 13.8 The Tenderer shall be required to prepare and submit Bills of  Quantities, prepared by the Tenderer’s Consultant Quantity Surveyor and priced by the Tenderer and shall be submitted as separate Volume which does not form Part of The Contract. The format of Bills of Quantities shall follow according to the building elements.

13.9 Architectural Sacrosanct Elements The Government Tender Design comprising the layout plans and architectural design drawings listed in the list of drawing attached (if any) are concept elements that are immutable and shall be considered as sacrosanct elements. The concept elements that is immutable: ITT/5

(a)

architectural layout plan and drawings

(b)

road system and parking bays

(c)

basic architectural geometry design features of the overall building shape

(d)

floor area and individual unit floor layout

(e)

the number of units to be constructed

(f)

Position and floor area of p umproom a nd water tank room

(g)

Position and floor area of surau/tadika/library/store room/staircases

The layout plant shall be submitted and approved by the State Planning Authority (Jabatan Perancang Bandar dan Desa Negeri) and to be adopted strictly by the tenderers in submitting their tender. There shall be no deviation to the approved layout plan with regards to orientation/location of each block of buildings/ancillary building, road system and parking areas, allocation of areas for sewerage treatment plant, substation, open space or any other requirements indicated in the layout plan mentioned in the Government Tender  Design.

13.10 Design Concept The `Government Tender Design', i.e. the layout plan and architectural design drawings of the works as listed in the list of  drawing attached. These layout plan and drawings provided have sufficient salient information indicating the design concept of the works. The Contractor's design shall strictly, legally and physically possible to the design concept provided and consider the sacrosanct elements in his overall design of the project. In the event that the ITT/6

Government Tender Design is deficient in the aspect of suitability, functionality and safety, the Contractor shall modify so as to rectify the same and shall be liable and guarantee that the proposed design is free from any said. The Contractor is deemed to have assumed full and total responsibility for his adopting the Government Tender Design drawings as though they were his own and for evolving and developing his Detailed Structural and other Design from these drawings. The Contractor hereby warrants that the said designs are in all respects adequate, accurate, sufficient and fit for their purposes and that the said designs when developed by him will meet in all respects the requirements of the Government. The Contractor shall develop the aforementioned designs so as to procure a complete detailed Final Design of the Works and of each and every part thereof will when completed jointly and severally be in all respects fit for its or their purpose and in particular, but without limiting the generality of the foregoing, such that the Works as a whole and as appropriate, each and every part thereof shall meet the Government’s Requirements.

14.0

Drawings, Specifications and Government Requirement The Tenderer shall note that the drawings, specifications and Government Requirements issued are meant to serve as a guide and the Tenderer shall submit their own proposal for the evaluation and consideration by the Government. The specifications proposed shall not be inferior to those described in the Government Requirements.

15.0

Contractor’s Design, Materials and Workmanship Withstanding the provisions of Clauses 14 of the Conditions of Contract, the Contractor is to note that the design (including any further design), supervision and maintenance of the Works are included within the scope of the Contract. The Tenderer’s attention is drawn to Clause 52 of the Condition of  Contract whereby the successful tenderer will be required to maintain the complete mechanical, electrical and medical services and the vehicles for  a period of 24 months from the date of handing over of the project. ITT/7

16.0 Currency to be used in the Tender  The total of the Tender Sum shall be quoted in Malaysian currency, that is in Ringgit Malaysia.

17.0

Contractor’s Tender Price 17.1 Contractor shall required to price based on : 1)

Contract Sum Analysis (Design and Build) The tenderer is required to complete the Analysis as shown in Appendix '5'.

Contract Sum

The Tenderer shall submit together with his tender, sufficient computation of tender prices for different portions of the Works where appropriate such as the Design and Build Element, Preliminary Items, Piling Works, Building Works including Built in furniture, signages & ID’s works, Mechanical Services, Electrical Services, Maintenance, Furnitures, Other Associated Building and External Works, Contribution to the relevant Services Authorities for temporary works during construction, and all the related works etc., as shown in the form for Contract Sum Analysis in Appendix 5. Upon acceptance of his tender by the Government, the tenderer  shall submit within three (3) weeks of the said acceptance, a make-up of tender prices which shall be sufficiently detailed and in a format acceptable to the P. D. showing a breakdown of the different portions of the Works as aforesaid including the Design and Build Element and Preliminary Items so as to enable the P.D. or his representative to efficiently carry out valuations for  the purpose of interim valuations under Clause 53.

18.0

Metric System All plans and specifications submitted by the tenderer shall be in the S.1 Units (System International D'Unites) of measurement, commonly known as the metric system as this is a requirement of the approving authorities.

19.0

Materials, Equipment and Machinery Before the issue of the Certificate of Practical Completion of the whole of the Works under this contract, the Contractor is required to have satisfied the Project Director by means of a Statutory Declaration made by the Contractor to the effect, that all materials and equipment ITT/8

supplied and incorporated into the Works are new and unused and generally are of the best quality with regard to design, manufacture and performance. All equipment and machineries which is to be installed and incorporated as part of the permanent works shall be manufactured by companies having agents in Malaysia for the subsequent maintenance and repair of the equipment and machinery .

20.0

Language For the purpose of this tender the language used shall be English. All submissions including plans, specifications, Conditions of Contract, etc. forming the Tenderer's tender document shall accordingly be in English. Provided that nothing in this Contract shall invalidate any instruction or  notice or certificate given to the Contractor or his authorised representative in Bahasa Malaysia or English.

21.0

Registration as a Government Contractor  The Tenderer is required to be reqistered as a Turnkey Contractor with Pusat Khidmat Kontraktor (PKK) of the Ministry of Entrepreneurial Development and CIDB. The Tenderer shall submit a certified true copy of the current registration certificate issued by the said authority together  with his Proposal. The Tenderer shall ensure that his registration is a valid throughout the execution of the said Contract. The Tenderer shall also ensure that all his Sub-Contractors/Suppliers are registered as a Government Contractor or  Supplier with Pusat Khidmat Kontraktor (PKK) or Ministry of Finance.

22.0

Acceptance of Tender 

23.0

The Government reserves the right to accept any tender or to reject all the tenders or to accept in whole or in part, a particular tender. Period of Validity of Tender  Tenders shall remain valid for a period of up to 180 days from the date of  Closing of the Tender. However, the Government reserves the right to extend the validity of the said period.

24.0

Tenderer's Proposal The tenderer shall take note the following conditions:24.1

All the design by the tenderer shall be carried out in accordance to the latest standard architectural and engineering practice and shall be approved by local and central authorities if  required. ITT/9

24.2

Any quantities and figures as indicated in the tenderer's proposal for any system or portion of work shall be taken as purely indicative only. No extra cost shall be entertained if  such increase is an essential part of the completion of the whole works or systems.

24.3 Discrepancy Where there is any discrepancy within the Tenderer's Proposal, the Project Director shall have the right to decide between the discrepant items and the Contractor shall comply with the decision without any cost incurred to the Government. Generally, the medical brief should take precedence in the event of any discrepancies that appear in the pre-bid documents. 24.4 Detailed Drawings Any drawings shown in the Tenderer's Proposal are considered as the complete working drawings to be used for the completion of the whole of the works. Any necessary updating/modification subsequently made in order to suit the final accepted architectural layout shall not be treated as variation to the contract. 24.5 Modification to Mechanical & Electrical Services Where necessary, the tenderer shall up date/modify the mechanical and electrical engineering services drawings to follow the accepted architectural layout and any up dating/modification made to the Mechanical and Electrical Services shall not be treated as variation to the contract.

25.0

Period of Completion The completion of this project shall be ....................... weeks from the date of the Project Director's order to commence the works.

26.0

Participation of Class F Contractors Programme under the 9th Malaysian Plan Contractor shall comply and follow strictly to all programme provided for  Class F Contractors as per “Surat Pekeliling KPKR (18) dlm JKR KPKR. 020.050/03 Klt.8”. When implementing of the Class ‘F’ Participation Programme, the Contractor should allocate some parts of the identified works for  implementation Industrialized Building System (IBS).

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The Contractor is required to complete the Sub-Contractor’s names and works in Appendix 10.

27.0

Submission of Tender  The Tenderer shall submit a proposal containing all information and particulars called for in the Pre-bid Documents. In the submission of  their tenders, Tenderers are required to submit their tender documents, filled in and complete in all respects, properly sealed and marked in the following manner:VOLUME 1 OF 2 - CONTRACTUAL AND GENERAL REQUIREMENTS

PART A

INSTRUCTIONS TO TENDERER

PART B

FORM OF TENDER

PART C

GENERAL CONDITIONS OF CONTRACT

PART D

C1

Articles of Agreement

C2

Conditions of Contract

C3

Addendum to Conditions of Contract

APPENDICES Appendix 1

- Appendix to Conditions of Contract

Appendix 2

- Government’s Requirements (CGR)

Appendix 3

- Contractor’s Proposal

Appendix 4

- Contract Sum Analysis

Appendix 5

- Contract Schedule of Rates

Appendix 6

- Certified Copy Of Bank Guarantee for  Performance Bond

Appendix 7

- List of Government Multimodal Transport Operators

Appendix 8

- Detailed Design And Specifications ITT/11

Appendix 9 -

List of Imported Goods Approved By The Government for Incorporation Into The Works or Supplied Under the Contract

Appendix 10 - List of work supply and services to be sublet to Bumiputera Organisation and Professional

Technical Requirements Technical proposals containing all the technical details of the project including preliminary design, specifications for civil and structural works, mechanical and electrical services, relevant standards, drawings and calculations. The technical proposals shall be submitted and marked in the following manner:VOLUME 2 OF 2

-

I)

ARCHITECTURAL WORKS,

II)

CIVIL AND STRUCTURAL WORKS

III)

MECHANICAL WORKS

IV)

ELECTRICAL WORKS

V)

OTHER SERVICES (IF ANY)

The Tenderer shall be required to submit eight (8) copies of the Tender  Document together with drawings and specifications including one original copy (one (1) original + seven (7) duplicate copies). The original copy of the Tender Document shall be properly signed, witnessed and dated and shall be marked 'ORIGINAL'. All tender documents shall bear the following title:(Name Of Project)

All tenders shall be submitted so as to arrive at the office of the:UNIT TAWARAN PUSAT CAWANGAN PENGURUSAN PEROLEHAN DAN HARTA, TINGKAT BAWAH, BLOK A KOMPLEKS KEMENTERIAN KERJA RAYA, JALAN SULTAN SALAHUDDIN, 50582 KUALA LUMPUR. ITT/12

not later than 12.00 noon on

....................

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