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INVITATION TO QUOTE (ITQ)

FOR
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
(ITQ NO: 6100017595)
CLOSING DATE: 07.04.2016 (Thursday)

=========================================================
PETRONAS Dagangan Bhd (88222-D)
Lot 93, Kawasan Perusahaan Prai, 13600 Prai, Pulau Pinang
Tel : 04-3907201/04-3867418
E-mail : rossitanor@petronas.com.my

ITQ NO: 6100017595

SECTION I
ITQ INSTRUCTIONS

THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
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ITQ NO: 6100017595


1. INTENT OF INVITATION
Petronas Dagangan Berhad (hereinafter referred to as "PDB") intends to appoint a
CONTRACTOR to undertake the price agreement for the civil maintenance works at PDB
Fuel, LPG and Aviation Terminal Northern Region.
2. SITE VISIT
Site visit briefing is compulsory, whereas any shortlisted vendor will be automatically
disqualified for not attending the site visit.
The detail of the site visit briefing as follows:
Date

30.03.2016 (Wednesday)

Time

3.00pm 3.30pm

Location

Contact Person

PETRONAS Dagangan Berhad,


Lot 93, Jalan Perusahaan Prai,
13600 Prai,
Pulau Pinang.
Ramli/Asral, 04-3867418
Rosman Ismail, 013-9325572

3. SCOPE OF SERVICES
The scope of this Tender shall be in accordance with the instructions contained herein and
the following documents (collectively referred to as the "ITQ DOCUMENT"):Section

Description

ITQ INSTRUCTIONS

II

FORM OF QUOTATION
EXHIBIT I SCOPE OF WORKS
EXHIBIT II SCHEDULE OF PRICE / RATES

III

GENERAL TERMS AND CONDITIONS

4. CONTRACT DURATION
The WORKS shall be completed in two (2) years with an option for renewal for one (1)
year calculated from the date of Letter of Award or Purchase Order.
5. TERMS OF PAYMENT
Payments shall be made by the thirty (30 th) day after receipt of the e-Invoice / invoice/
payment request / tax invoice by PDB (date of receipt excluded). If the thirtieth (30 th) day
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
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ITQ NO: 6100017595


falls on Saturday, Sunday or a gazetted public holiday, the next working day shall be
deemed to be the due date for payment.
6. BIDDER TO INFORM HIMSELF FULLY
The Bidder shall be deemed to have read and fully understood all the documents
mentioned above. It is especially emphasized that it shall be the responsibility of the
Bidder to be self-informed fully of the ITQ Document requirements and have familiarize
himself with the prevailing working conditions and that no claims relating thereto for
additional payments or adjustments of the quoted price on the grounds of ignorance of his
contractual obligations will be entertained.
To facilitate the full understanding of the scope of work and site conditions, Bidder shall
attend a site briefing as stated in the letter of invitation (if any) for this ITQ, failing which
Bidders submission shall not be considered.
Should the Bidder find any discrepancy or omission in the ITQ Document or should the
intent or meaning appear to be obscure or ambiguous, Bidder shall at once forward to PDB
a request for interpretation, clarification or correction thereof before submitting his
quotation.
All expenses incurred in the preparation and submission of the quotation shall be borne by
the Bidder.
7. CLARIFICATION / ADDITIONAL INFORMATION
Should the Bidder require any clarification / additional information with regards to the ITQ
Document, Bidder should refer to:Account Services & Admin Section (ASAS)
PETRONAS Dagangan Berhad,
Lot 93, Kawasan Perusahaan Prai
13600 Prai Pulau Pinang
(Attn

: Pn.Rossita Bt Mohamad Nor)

Tel No. : 04-3867500/3867418


Email : rossitanor@petronas.com.my
Such clarification / additional information shall be requested in writing in sufficient time to
enable PDB to reply before the closing date of ITQ. PDB shall not be bound by any oral
clarification / additional information which may have been made by PDB or any of its
representatives unless it is confirmed in writing by PDB. It must be understood that PDB
will not be responsible for any delay arising out of the above account thereby resulting in
the bidder's inability to meet the deadline for the ITQ submission.

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AVIATION TERMINALS NORTHERN REGION
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ITQ NO: 6100017595


8. EQUALITY OF SUPPLY OF INFORMATION
Information contained in this document shall be the sole basis for Bidders' proposal. All
written general information, which PDB may give to one bidder at his request shall / will be
passed immediately to other Bidders in order to keep the ITQ on a comparable basis.
An exception will be made on cases of requests of confidential in nature, which a Bidder
may make to enable him to consider incorporation of special features in his proposal.
9. VALIDITY OF QUOTATION
The ITQ submitted shall be valid for a period of THIRTY (30) DAYS from the closing date
of the ITQ. PDB shall have the right to extend the validity period in the event that the
award decision could not be made within that period.
10.COMPLIANCE WITH ITQ INSTRUCTIONS
Any departure from the specified ITQ requirements shall be considered as deviations from
the ITQ Document and PDB may reject any quotation, which contains deviations. All
Bidders are advised to use positive terms in responding to the ITQ Document. Vague
statements shall be considered as non-compliance or deviation to the ITQ Document and
may result in the quotation being rejected.
11.CONTRACT PRICE
i.
ii.

The CONTRACT PRICE shall be exclusive of:any taxes payable under the CONTRACT;
any expenses to be incurred by the Bidder as a result of the CONTRACT in complying
with the Malaysian Tax Legislations, including the payment of all taxes assessed,
against the Bidder.
Any taxes for the performance of the CONTRACT are the responsibility of Bidder at Bidders
own cost and PDB shall accordingly withhold an equivalent amount of taxes based on the
CONTRACT PRICE as may be required pursuant to the Income Tax Act 1967.

a.
b.
c.
d.
e.

The price quoted for the services must be in accordance to the EXHIBIT II - SCHEDULE OF
PRICES/RATES segregated based on the following:Services performed inside Malaysia
Services performed outside Malaysia
Reimbursements/ disbursements inside Malaysia
Reimbursements/ disbursements outside Malaysia
Hotel accommodation charges during travels in Malaysia (if any/ required)
If installation services and training etc are to be provided free of charge, Bidder is required
to state clearly in the EXHIBIT II - SCHEDULE OF PRICES/ RATES.

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AVIATION TERMINALS NORTHERN REGION
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ITQ NO: 6100017595


12.SUBMISSION OF ITQ
a.

Bidders is to complete his quotation in English and submit it online through SUS portal OR shall
submit them in a sealed envelope and labeled :CONFIDENTIAL PROPOSAL THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE
WORKS AT PDB FUEL, LPG AND AVIATION TERMINALS NORTHERN REGION
The submission of the proposal shall consist of the following documents and/or
information:a. Bidders covering letter relating to the Proposal;
b. Form of Quotation as per SECTION II;
c. Schedule of Works as per EXHIBIT I.
d. Schedule of Price/Rates as per EXHIBIT II.
The sealed envelopes shall not bear any identification of Bidder and shall be
addressed to:Account Services & Admin Section (ASAS)
PETRONAS Dagangan Berhad
Lot 93, Kawasan Perusahaan Prai
13600 Prai Pulau Pinang
(Attn

: Pn. Rossita Bt Mohamad Nor)

Tel No. : 04-3867500


04-3867418

b.

The ITQ submission shall be deposited in the designated tender box labeled with the ITQ Title and
Number located at the above address. Bidder may submit his ITQ through registered post or
courier service but PDB will not accept proof of posting as proof of receipt.
If Bidder wishes to do so, Bidder shall label "To be received by addressee (before
the ITQ closing date)" and shall ensure that his submission is sent in good time to
be received before the ITQ closing time. Any and all risk of delay shall be borne by
Bidder.
13.CLOSING DATE OF ITQ
The closing date for submission of the ITQ is not later than 3.00pm on 07.04.2016
(Thursday).
14.ACCEPTANCE OF ITQ

a.

PDB reserves the right to reject any or all of the ITQ and to select an ITQ of its choice either in
whole or in part without assigning any reason therefore. PDB is not obliged to accept the lowest
ITQ. Bidder shall not in whatever circumstances are entitled to claim any compensation for any
cost incurred or spent in the preparation of this ITQ.
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AVIATION TERMINALS NORTHERN REGION
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b.

ITQ NO: 6100017595


PDB shall issue a Letter of Award to the successful bidder upon acceptance of his quotation. The
successful bidder shall be required to acknowledge receipt of the contract awarded.
15.EXECUTION OF THE WORKS
The CONTRACTOR shall execute the WORKS in strict order in accordance with the terms of
the CONTRACT to the satisfaction of PDB and shall comply with and adhere strictly to the
PDBs instructions and directions on any matter (whether mentioned in the Contract or
not). PDB may reject any part of the WORKS on the grounds of inferior workmanship or
materials and may require such part of the WORKS to be made good or redone at the
CONTRACTOR's expense.
16.REGISTRATION WITH PETRONAS
Bidders are required to be registered with PETRONAS. Non-registered bidders are required
to submit their company's application for registration to Tenders & Contracts Division,
Level 66, Tower 1, PETRONAS Twin Towers, Kuala Lumpur City Centre, 50088 Kuala
Lumpur. Failing which, bidders proposal MAY NOT be considered by PDB.
17.CONFIDENTIALITY
Bidders shall treat the ITQ Document and any other matter related to the same as private
and confidential. Bidders shall not publish or release any information, drawings or
photographs relating to the WORKS except with the prior written consent of PDB.
18.ADDENDUM TO ITQ DOCUMENT
PDB may issue addendum, as necessary to the ITQ Document prior to the date of opening
of the ITQ, to clarify, revise, amend or modify any part of the ITQ Document. Every
addendum issued shall be distributed to all Bidders and shall become part of the ITQ
Document. Receipt of each addendum must be acknowledged on its duplicate.

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AVIATION TERMINALS NORTHERN REGION
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ITQ NO: 6100017595

SECTION II
FORM OF QUOTATION

THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
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ITQ NO: 6100017595


A. FORM OF QUOTATION
To : Account Services & Admin Section (ASAS)
PETRONAS Dagangan Berhad
Lot 93, Kawasan Perusahaan Prai
13600 Prai
Pulau Pinang
(Attn : Pn. Rossita Bt Mohamad Nor)
Tel. No.: 04-3867500
: 04-3867418
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Dear Sir,
1. The Undersigned does hereby quote and offer to do for provision of manpower, equipment
& material supply for drumming operations at PDB Prai Fuel Terminal (hereinafter referred
to as the WORKS") in accordance with the instruction to quote and the following attached
documents for the sum entered herein below:
i.
SECTION III - GENERAL TERMS AND CONDITIONS
ii.
EXHIBIT I
- SCOPE OF WORKS
iii.
EXHIBIT II
SCHEDULE OF PRICE / RATES
2. The Undersigned agrees to deliver the WORKS within Thirty (30) days from the date of
the Purchase Order or Letter of Award whichever is later. The CONTRACT PRICE is per
agreed amount or rates as specified in EXHIBIT II SCHEDULE OF PRICE / RATES.
3.

We undertake if our quotation is accepted, to deliver the WORKS in compliance with the
specification and schedule.

4.

Our quotation shall remain valid until ......................................


Signed by

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

Name
:
(Contractors Name)

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

Date

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

Companys stamp

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

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AVIATION TERMINALS NORTHERN REGION
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ITQ NO: 6100017595


B. QUOTATION SUBMISSION
Quotation submission shall consist of the following documents / information. Incomplete or no
submission of the required information may result in the rejection of the quotation.
CONTRACTOR shall submit the following documents accordingly along with the quotation:
e. Bidders covering letter relating to the Proposal;
f. Form of Quotation as per SECTION II;
g. Schedule of Works and Technical Proposal as per EXHIBIT I.
h. SCHEDULE OF PRICE / RATES as per EXHIBIT II.
PDB shall not accept any late quotation submission and shall return the quotation unopened.
1. The agreed CONTRACT PRICE for the performance of the WORKS shall be as stated in
EXHIBIT II - SCHEDULE OF PRICE / RATES and shall remain firm and valid throughout the
CONTRACT PERIOD, and any extension periods thereto. The CONTRACT PRICE shall not be
subjected to change for any reason whatsoever including, but not limited to, cost
escalation, currency fluctuations or minimum order size/tonnage.
2. No price variation shall be allowed during the CONTRACT PERIOD.

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AVIATION TERMINALS NORTHERN REGION
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ITQ NO: 6100017595

EXHIBIT I - SCOPE OF WORKS

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AVIATION TERMINALS NORTHERN REGION
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ITQ NO: 6100017595


SCOPE OF WORK
1.

SAFETY REQUIREMENTS
PETRONAS Dagangan Berhad (hereinafter referred to as PDB) through Prai Fuel Terminal
takes safety related aspects seriously and accepts zero tolerances to any work safety related
incompliances and violation of safety rules and regulations in line with the ZeTo Rules &
Consequences Management. Any party found to have failed to comply to any safety related
matters will be taken action accordingly, which may include immediate permanent
termination from the contract without any further deliberation or compromise.
1.1 Safety Regulations
During the execution of the works, the Contractor is required to strictly observe and adhere
to the terminal safety regulations and permit to work / procedures issued by the respective
terminal. Therefore, the Contractor MUST assigns their representatives to any safety briefing
or technical meeting held by Prai Fuel Terminal whenever and whichever deemed
appropriate. The Contractor is also responsible to ensure that their staffs have a valid Safety
Passport issued by Prai Fuel Terminal and to renew any expired pass timely. The Contractor
is deemed responsible to ensure all the staffs hired for the said works are free from any
criminal records, blacklist free and is sound to carry out work as stipulated under Clause 3
Scope of Work. PDB reserves the right to ban anyone found with such records from entering
the terminals premises.
1.2 Personal Protective Equipment (PPE)
All personal protective equipment (PPE) is to be prepared by the Contractor at his own
expense that may include all or any the following;
i. yellow safety helmet with chin strap,
ii. safety shoes,
iii. ear muff (if applicable),
iv. leather apron (subject to current condition at terminal)
v. nitrile gloves, (subject to current condition at terminal)
vi. leather gloves, (subject to current condition at terminal)
vii. chemical splash resistant goggles,
viii.luminescent yellow vest,
ix. long cargo pants (jeans are not allowed)
x. long sleeved safety jacket, and
xi. Any other PPE deemed appropriate by Prai Fuel Terminal upon request.
All PPEs should also be of good condition, valid and certified by relevant authority i.e. SIRIM.
All worn out PPEs are NOT ALLOWED to be used and to be replaced with new ones by the
Contractor.

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AVIATION TERMINALS NORTHERN REGION
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ITQ NO: 6100017595


1.3 Safety Awareness & Participation
From time to time, the terminal will organize safety related events. In this case, the
Contractor is responsible to send representatives for any safety related events. For instance,
Safety Briefing, monthly HSE meeting, monthly Terminal Walkabout, safety audits and
others deemed necessary by Prai Fuel Terminal.
The Contractor MUST HAVE a written HSE policy which is being briefed to their staffs
respectively and a copy submitted to terminal for safe keeping.
The Contractor MUST HAVE a HSE audit plan with a defined frequency which its report
should be shared with terminal for safe keeping.
1.4 Hot Work (if applicable)
In cases where hot work is required i.e. grass cutting, portable gasoline air blower, water jet
usage for cleaning, the Contractor will have to ensure that all equipment (electronic or
mechanical) used must be of in good working condition. Only Diesel operated mechanical
equipment are allowed to be used in the terminals premises. In addition, the Contractor is
deemed responsible to prepare fire extinguishers or any necessary firefighting equipment at
their own expenses suitable while carrying out hot works. A Permit to Work (hereinafter
referred to as PTW) shall be applied by the assigned Work Leader complete with a copy of
a Job Safety Analysis.
1.5 Fit to Work & Staffs Welfare
All staffs hired by the Contractor shall be deemed fit to work and in healthy condition with
age not more than 55 years old. All nominated staffs by contractor shall be drugs and
alcohol misuse free. A copy of the medical report shall be submitted to the terminals for safe
keeping.
The Contractor shall also provide sufficient medical leaves, annual leaves etc. allocation to
their staffs as stipulated and according to the Malaysian Labor Law. The Contractor is also
deemed responsible to replace any of their staffs on leave to ensure that the said works is
carried out accordingly without interruptions.
In the effort to ensure the said works to be carried out smoothly without any interruptions,
the Contractor is deemed responsible to pay their staffs at the agreed date without any
delay.

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AVIATION TERMINALS NORTHERN REGION
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ITQ NO: 6100017595


1.6 Working Permit
In the event that the Contractor has hired a foreign worker for the said works, the
Contractor shall ensure all relevant work permits and documents are intact, valid and able to
provide copies as and when required.
1.7 PDB HSE Contractual Clauses
The above highlights of HSE related matters are just a mere summary. Each bidding
contractor or vendor is expected to go through PDB HSE Contractual Clauses for a clearer
understanding of HSE compliance and requirements at terminal accordingly. A copy of the
PDB HSE Contractual Clauses should be distributed during the Invitation to Quote. Should it
is not made available, please seek further clarifications from PDBs representatives.

2.

AVAILABILITY
The Contractor should be available at ALL TIME upon request from PDB to execute the said
works. PDB will either request for services via telephone or written email to vendor at least
12 hours before execution of the works.

3.

SCOPE OF WORKS
The following flow chart at Page 15 clearly prescribed the works required to be executed by
the Contractor upon entering the Price Agreement with PDB (hereinafter referred to as the
said works). The Contractor shall also ensure proper housekeeping is carried out upon work
completion.

4.

MANNING
For the execution of the said works, a total manning of THREE (3) staffs are required at all
time. The Contractor is also deemed responsible to replace any of their staffs on leave to
ensure that the said works is carried out accordingly without interruptions.
All of the manpower shall be in within terminals premises during working hours and the
Contractor shall monitor punch cards for their own staffs to further ease monthly payment
from PDB. The Contractor shall also take necessary discipline actions against staffs who fail
to abide to the working hours.
The manning provided by the Contractor shall be of minimum Bahasa Malaysia and English
literate.

5.

WORKING HOURS
General working hours : 8.00AM 5.00PM
Working days
: Sunday - Saturday

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AVIATION TERMINALS NORTHERN REGION
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ITQ NO: 6100017595


6.

SUPPLY OF MATERIAL & EQUIPMENT


All tools and equipment shall be generally provided by PDB Prai Fuel Terminal for the
execution of the said works. However, should the Contractor deemed that there should be
other equipment, materials or tools that is deemed useful to ease the execution of the said
works, it shall be borne by the Contractor itself.

7.

TECHNICAL SKILLS & OPERATIONS PROCEDURES


Each nominated manning by Contractor shall be minimum Bahasa Malaysia and English
literate as they will undergo terminals Operations Procedures training & Terminals Safety
Briefing. Additionally, in order to perform drumming activity for Jet A-1 and AVTUR product,
the manning shall attend Product Inspector Course by PDB at Contractors own costs. Upon
attending such courses and training, the manning are then deemed competent and can carry
out the said works accordingly.
Therefore, the Contractor shall ensure that they have sufficient competent manning at all
time in case there is any absence or any manning on leave or resign or at any unforeseen
circumstances. The Contractor shall not at any time send incompetent manning for
execution of the said works. If found, PDB has the right to terminate the contract
immediately without further deliberation.

8.

MISCELLANEOUS
The Contractors staff should at all time dressed neat and tidy and should have a uniform by
the Contractor for easy recognition. In any case that the terminal users requires the
manpower of the said Contractor to carry out any other additional works related to
drumming activity other than in the said works such as relocate empty drums, rearranging
empty drums, cleaning of drumming bay etc., the Contractor will have to fulfill the
requirements. Such of activity shall be carried out by Contract and claimable under hourly
labour charges per manning under the price stipulated in Clause 11, Q2.
A probation period of three (3) months is given to the Contractor. In the event where the
terminal users found that the services or works provided by the Contractor are not of
satisfactory, PDB reserves the right to terminate the Price Agreement immediately.
In the event where the terminal users found that the services or works provided by the
Contractor are not of satisfactory, Petronas Dagangan Berhad reserves the right to terminate
the Price Agreement by giving a one (1) months notice without needing to repay any
damages fund or any sort of payments to the Contractor.

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AVIATION TERMINALS NORTHERN REGION
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ITQ NO: 6100017595


9.

PENALTY CLAUSE & CONSEQUENCES


There are several penalties and consequences that PDB can impose to the Contractor upon
execution of the price agreement as the following:
N
o
1.

Penalty

Definition

Calculation / Consequences

Delay

No. of days delay X Unit rate given


in table

2.

OP
Incomplianc
e

Should the Contractor is


unable to delivery sufficient
manning to execute the
works.
Contractor
found
not
complying
to
operating
procedures which may include
skipping
procedures,
tempering
with
data,
inaccurate
reporting
or
incompetent
manning
performing
drumming
operations.
Should
the
Contractors
manning
caused
any
equipment
to
be
malfunctioned.
Should by the Contractors
manning caused quality of the
product to be contaminated or
wrong specifications due to
incompliance of OP or other
reasons.
Should the Contractor is
unable to supply sufficient
manning as per contract to
execute the said works.

3.

Equipment
Malfunction

5.

Quality

6.

Attendance

Termination
of
operator
/
manning
involved
for
first
incompliance.
Repeating
incompliance
will
cause immediate termination of
contract.

Chargeable costs for repair or


replacement.

Chargeable
cost
due
to
repeatable works have done
Termination
of
operator
/
manning
involved
for
first
incompliance.

Prorate of rate of services from


total working days

The penalty amount shall be deducted from total monthly amount claimed by Contractor or at
any time where the penalty amount is more than the monthly claims by Contractor, the
Contractor shall pay to PDBs Finance within 15 days of the confirmed amount is being
published.
10. SITE VISIT
All bidders are required to attend site visit as per details mentioned in Section 1 ITQ
INSTRUCTIONS. During the site visit, all bidders are to send their representative who is wellversed with the scope of work. Also the representative should also clarify all potential issues
or questions with PDB representative on that day itself. Prior to attending the site visit, the
Contractors representative should also go through the scope of work and PDB HSE
Contractual Clauses to identify any potential questions or clarifications required in executing
the contract. The representative shall deliver the accurate message to the Contractors
management for proper and accurate price quotation for the ITQ as the quoted price is
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ITQ NO: 6100017595


deemed finalized and PDB assumes that the Contractor has fully understood and shall
comply as per PDBs requirements.

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AVIATION TERMINALS NORTHERN REGION
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ITQ NO: 6100017595


11.

QUOTATION
(To be submitted together with bid submission)

BASIC INFORMATION
Item

Requirements

Bidders response (Compliance -yes,


Non-compliance - state reason)

I1. Personnel

Three (3) competent workers


minimum literate in Bahasa
Malaysia & English.

I2. Office

Full set-up office (or branch office)


with address and clerical staff.

Specify address:

I3. Experience

Have provided similar services to


PDB or other oil companies
terminals within the area. (to
specify).

Specify experience and location:

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ITQ NO: 6100017595

EXHIBIT II SCHEDULE OF PRICE/RATES

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AVIATION TERMINALS NORTHERN REGION
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ITQ NO: 6100017595


THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
SCHEDULE OF PRICE/RATES
A

MANPOWER RATES
Supervisor, Foremen and General Worker
a
b

NO

1
2
3
4
5
6
7
8
9
10

The rates shall also INCLUDE transportation and mobilization cost.


Lodging cost, if necessary upon PDBs requirement for the manpower to stay at terminal,
shall NOT BE INCLUDED and shall be reimbursable upon receipt at a maximum value of
RM300.00. The room shall be of a standard twin-sharing for minimum two workers called
by PDB.

POSITION

Supervisor
Civil
Foreman
General
Worker
Painter
Plumber
Carpenter
Welder
Draughtman
Tiler

Normal
Time

Normal
Overtime

Normal
Hour
(0800 1700hr)
Monday to
Friday

Normal
Overtime
(After
1700hr)
Monday to
Friday

Daily
Rate

Hourly
Rate

1.5 x
normal
hours

Rest Day (Saturday &


Sunday)
Overtime
Normal
(After
Hour (0800
1700hr)
- 1700hr)
on
on Saturday Saturday
& Sunday
&
Sunday
Hourly
Daily Rate
Rate

2 x normal hours

Public Holiday
Normal
Hour
(0800 1700hr)
on Public
Holiday
Daily
Rate

Overtime
(After
1700hr)
on Public
Holiday

Hourly
Rate

3 x normal hours

_________________________
TENDERERS SIGNITURE
AND COMPANY STAMP

B . MATERIAL SPARE PARTS & SERVICES RATES


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ITQ NO: 6100017595


Material spare parts rate shall include the cost to supply and deliver spare parts to terminal
exclusive of tax incurred. Installation rate shall NOT be included and shall be charged as and
when required in accordance to the Manpower Rates (as per Section A: Manpower Rates
above).
Services rate shall include the cost to supply, deliver and install at terminal. Any cost of
manpower and equipment required to render the services shall be included in the unit rates.

No

ITEM

1.00
1.01
1.02
1.03

EXCAVATION AND EARTHWORK


Soil Excavation
Hacking granite/concrete and dispose
Soil Filling, Supply, lay, and compact to level up area

1.04
1.05
2.00
2.01
2.02

Hard-core Filling, Supply, lay, and compact to level up area


Soil Disposal; Disposing soil to approved site
TURFING
Supply and lay 50mm thick top soil
Supply only 300mm cow grass turf (no installation)
Supply and lay turf of cow grass with average dimension 300mm x
300mm.
CONCRETE
Supply and lay concrete (G 15)
Supply and lay concrete (G 20)
Supply and lay concrete (G 30)
Hacking - unreinforced/ brick
Hacking - reinforced concrete
Supply and lay steel Fabrics - BRC A7
Supply and lay steel Fabrics - BRC A9
Supply and lay M.S round bar - 6 mm dia
Supply and lay M.S round bar - 8 mm dia
Supply and lay M.S round bar - 10 mm dia
Supply and lay M.S round bar - 12 mm dia
Supply and lay High Yield bar - 16 mm dia
Supply and lay High Yield bar - 20 mm dia
Supply and lay High Yield bar - 25 mm dia
Supply and lay High Yield MS plate/flat bar
Supply and lay CI chequered plate
Formwork (Supply, install, and striking)
MASON
Supply and install brickwall 112.5mm thk; with cement mortar
(1:3), exmet and 6mm MS rod
Supply and install brickwall 250 mm thk, with cement mortar
(1:3), exmet and 6mm MS rod
Supply and install cement-sand wall (concrete brickwall) 112.5mm

2.03
3.00
3.01
3.02
3.03
3.04
3.05
3.06
3.07
3.08
3.09
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
4.00
4.01
4.02
4.03

UNIT

UNIT RATE

m3
m3
m
m
m
m
m
m
m
m
m
m3
m
m
m
m
kg
kg
kg
kg
kg
kg
kg
kg
kg
m
m
m

THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 21 of 40

ITQ NO: 6100017595


thk with cement mortar (1:3), exmet and 6mm MS rod
Supply and install cement-sand wall (concrete brickwall) 270mm
4.04
thk with cement mortar (1:3), exmet and 6mm MS rod
Supply and lay damp proof course, bitumen coated `Hessian in
4.05
accordance to B.S 743 and weight less than 7 lb/yard2
Supply and lay damp proof course, bitumen coated `Hessian in
4.06
accordance to B.S 743 and weight more than 7 lb/yard2
Supply and spread 20 mm thk cement and sand rendering (1:3) to
4.07
internal and external wall, floor, apron, drain etc trowelled smooth
4.08 Demolish and cart away existing brickwall
Concrete Drain (inclusive cement mortar joint and 100mm thk
4.09
concrete base)
Supply and lay 225 mm half round PC drain inclusive of trench
4.10
excavation average 900mm deep.
Supply and lay 300mm half round PC drain inclusive of trench
4.11
excavation average 900mm
Supply and lay 1/2 thk alumina cement and sand rendering to
4.12
sides of wall of manhole, septic tank and trowelled smooth.
4.13 Supply and lay to line, level and gradient - Type D1 drain
4.14 Supply and lay to line, level and gradient - Type D2 drain
4.15 Supply and lay to line, level and gradient - Type D3 drain
4.16 Supply and lay to line, level and gradient - Type D4 drain
4.17 Supply and lay to line, level and gradient - Type D5 drain
4.18 Supply and lay to line, level and gradient - Type D6 drain
4.19
Supply and lay to line, level and gradient - Type D7 drain
Plaster cement-sand (1:3) 19mm thk rough surface to receive
4.20
finish surface or screed on new surface
4.21 Plaster cement-sand (1:3) 6mm thk finish surface
Plaster cement-sand (1:3) 19mm thk rough surface to receive
4.22
finish surface or screed on roughened existing surface
Plaster cement-sand (1:3) 6mm thk finish surface on top of
4.23
roughened existing surface
Tiling; Supply and lay homogeneous tiles 95mm x 95mm x 8mm
4.24
thk on top of screed.
Tiling; Supply and lay homogeneous tiles 95mm x 190mm x 8mm
4.25
thk on top of screed
Tiling; Supply and lay homogeneous tiles 190mm x 190mm x 8mm
4.26
thk on top of screed
Tiling; Supply and lay homogeneous tiles 150mm x 150mm x 8mm
4.27
thk on top of screed
4.28 Cement-sand screed 12mm thk to receive tile on new surface
Cement-sand screed 12mm thk to receive tile on existing surface
4.29
inclusive of roughening and/or dismantling of existing tile
4.30 Supply and lay mosaic tiles 50mm x 50mm (coloured/glazed)
4.31 Supply and lay mosaic tiles 25mm x 25mm (coloured/glazed)
4.32 Hack off and cart away existing floor and wall tiles
Apply and lay 2 layer waterproofing coating (asphalt/bituminous)
4.33
on concrete slab, flooring, roofing.
Apply and lay 2 layers waterproofing liquid mem brane on concrete
4.34
slab, flooring, roofing.

m
m
m
m
m
m
m
m
m
mr
mr
mr
mr
mr
mr
mr
m
m
m
m
m
m
m
m
m
m
m
m
m
m
m

THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 22 of 40

ITQ NO: 6100017595


5.00 SEWER
5.01 Supply and lay vitrified clay pipe - 150 mm dia
5.02 Supply and lay vitrified clay pipe bend - 150 mm dia
5.03 Supply and lay vitrified clay pipe - 225 mm dia
5.04 Supply and lay vitrified clay pipe bend - 225 mm dia
5.05 Supply and lay Cast Iron Pipe - 150 mm dia
5.06 Supply and lay Cast Iron Pipe - 150 mm dia
5.07 Supply and lay Cast Iron Pipe - 225 mm dia
5.08 Supply and lay Cast Iron Pipe bend - 225 mm dia
Construct manhole 600mm deep with 100mm depth doubly
reinforced slab (1:1 1 1/2:3 - 20mm) half round vitrified glazed
5.09 channel, 112.5mm brickwall, 100mm doubly reinforced concrete
top (1: 1 : 3 - 20mm), and high alumina rendering to interior
wall inclusive medium duty cover
Supply and install manhole cover 465 mm dia with frame size 600
5.10
x 600mm and weight 25.5 kg (MEDIUM DUTY)
Vitrified Clay Channel (inclusive of all cement mortar joint and
5.11
cutting)
5.12 Vitrified Clay Channel half round and straight 150 mm dia
5.13 Vitrified Clay Channel half round and straight 225 mm dia
5.14 Vitrified Clay Channel round and bend 150 mm dia
5.15 Vitrified Clay Channel round and bend 225 mm dia
6.00 ROOF
Roof; Supply and install Klip Lok Hi-Ten 0.60mm BST - supply and
6.01
install new
Roof; Supply and install Stainless Steel of S.W.G 20 thk as gutter
6.02
with all necessary holding down bracket and fittings
Roof; Supply and install UPVC Pipe 100mm dia Class O as RWDP
6.03
with necessary holding down bracket and fittings
Roof; Supply and install Aluminum of S.W.G 20 thk as flashing
6.04
with all necessary holding down bracket and fittings
Roof; Supply and lay to falls layer of double sided aluminum foil
6.05 sisal draft insulation well lapped at joints including chicken wire
netting
Roof; Inspect and rectify/make good roof leakage (this includes
6.06 applying waterproofing membrane or cement plastering (if
necessary)
6.07 Roof; Remove and dispose galvanised iron flashing gauge 16
Roof; Supply and fix new roofing sheet including all fittings and
6.08
accessories metal deck
Roof; Supply and fix new roofing sheet including all fittings and
6.09
accessories asbestos deck
Roof Structure - Supply and install MS section trusses, purlin and
6.10
etc inclusive of all companies
7.00 CARPENTER
Supply and install door/window frame inclusive of chamfer and
7.01
groove and one coat of primer
Supply and install MS door/window frame inclusive of hinges and
7.02
one coat of primer
7.03 Supply and install ONE hour JPBM approved fire rated door -900 x

m
pc
m
pc
m
pc
m
pc

no

no
m
m
m
m
m
m
m
m
m
m
m
m

m
m

no
no
no

THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 23 of 40

ITQ NO: 6100017595


2100 x 45 mm thk
Supply and install plywood flush door 900 x 2100 x 37.5 mm thk
7.04
c/w ironmongeries
Supply and install 900 x 2100 x 37.5 mm fibre glass door to door
7.05
frame c/w ironmongeries
7.06 Supply and install 750 x 2100 x 37.5 mm PVC door to door frame
Supply and install 900 x 2100 x 37.5 mm aluminum louvre door
7.07
inclusive of aluminum door frame
Supply and install plywood flush door with aluminum sheeting
7.08
gauge 20 on one (1) side.
Dismantle and dispose existing door or window of all types and
7.09
thickness.
7.10 Remove and replace with new one hydraulic overhead door closer
Supply and install set of NACO or other equivalent or approved
galvanised steel aluminum adjustable window frame of 3 feet and
7.11
9 inches long with clips for 8 nos of glass blades (Glass blade
measured separately)
Supply, deliver, install and fix to complete 13 mm thick gypsum
7.12
board wall. (Painting measured separately).
Dismantle and dispose existing gypsum board wall of all types and
7.13
thickness.
8.00 CEILING
Ceiling; Supply and lay 600 x 1200 x 6mm thk calcium silicate
8.01 ceiling sheet on suspended ceiling system (suspended ceiling
measured separately)
Ceiling; Supply and install suspended ceiling system consist of
8.02 aluminum T-section and corner 25 x 45 x 1.5mm with S.W.G 14
wire holder
Ceiling; Supply and l ay V-crimp Hi-Ten Steel Deck for ceiling not
8.03
more than 6.0m height (inclusive ceiling holder/clip)
Ceiling; Supply and lay Luxalon Type 300 A strip canopy ceiling not
8.04
more than 6.0m height (inclusive ceiling holder/clip)
Ceiling; Supply and lay fibrous plaster ceiling with one layer
8.05
cornice all around (inclusive ceiling joist and batten)
8.06 Ceiling; Supply and install mineral fibre board ceiling
8.07 Ceiling; Remove and cart away damaged/broken existing ceiling.
9.00 IRONMONGERY
IRONMONGERY; Adjustment works to jammed door/window by
9.01
minor grinding, etc. (without dismantling door/windor)
IRONMONGERY; Dismantling and removing any door/window to
9.02
approved disposal Site
IRONMONGERY; Dismantling and reinstalling any door/window to
9.03
the same position.
IRONMONGERY; Dismantling and reinstalling any door/window to
9.04
other position.
9.05 Hinges;Supply and install 125mm stainless steel hinges `Delta
9.06 Hinges;Supply and install 100mm nylon ring butt hinges `Delta
9.07 Bolts;Supply and install 150 x 25mm stainless steel flush bolts
9.08 Bolts;Supply and install 225 x 25mm stainless steel flush bolts
9.09 Lockset; Supply and install cylindrical entrance lockset `Yale
9.10 Lockset; Supply and install cylindrical lockset `Yale 90mm

no
no
no
no
no
no
no
set
m
m

M2
m
m
m
m
m
m
pc
pc
pc
pc
pc
pc
pc
pc
pc
pc

THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 24 of 40

ITQ NO: 6100017595


9.11 Supply and install lavatory indicator bolt `Alpha type
9.12 Supply and install door closer `Newstar - 82 N light duty
Supply and install unserviceable ironmongery to external & internal
timber door & frames and window & frames including providing the
9.13
requisite matching screws. Any supply of locks and padlocks
should be accompanied with two (2) keys.
10.0
FENCING
0
Fencing; Supply and install fire wall 25 x 50 x 3mm RHS m.s
10.0
column 2.1 height at 1.2m interdistant and 3 level 25 x 50 x 3mm
1
RHS m.s horizontal bracing
10.0 Fencing; Supply and install fire metaldecking 1.8m height to RHS
2
column/bracing
Fencing; Supply and install 50mm x 50mm x 6mm m.s angle
10.0
2100mm height with 50 x 50 x 6mm m.s angle bracing bothside at
3
3.0m interdistant in concrete base
Fence, wire mesh S.W.G No 12 PVC coated 1800mm height 50mm
10.0 diamond shape complete with straining wire S.W.G No 12, to m.s
4
angle column/bracing imbedded in concrete base 3.00m
interdistant
11.0
PLUMBING
0
11.0 Plumbing ; Class C GI pipe ,supply and install inclusive all
1
connection - 19mm (3/4) dia
11.0 Plumbing ; Class C GI pipe, supply and install inclusive all
2
connection - 19mm (1) dia
11.0 Plumbing ; Class C GI pipe, supply and install inclusive all
3
connection - 19mm (1 1/2) dia
11.0 Plumbing ; Class C GI pipe, supply and install inclusive all
4
connection - 19mm (2) dia
11.0
supply and install new Fibreglass tank, 200 gallons
5
Pressed steel tank 1200 x 1200 x 1200 mm with cover, 25mm dia
11.0
incoming pipe, 50mm supply pipe, and discharge pipe install on
6
concrete plinth
11.0
Supply and install -Stopcock, screw type - 12mm (1/2) dia
7
11.0
Supply and install -Stopcock, screw type - 19mm (3/4) dia
8
11.0 Supply and install -Bib tap, supply and install to pipe - 12mm
9
(1/2) dia
11.1 Supply and install -Bib tap, supply and install to pipe - 12mm
0
(1/2) dia
11.1
Supply and install -Ditto, with back plate - 12mm (1/2) dia
1
11.1
Supply and install -Ditto, with back plate - 19mm (3/4) dia
2
11.1 HDPE Pipe; Supply and install -C148:C158Ditto, with back plate 3
19mm (3/4) dia
11.1 HDPE pipe; supply and install inclusive all connection/fittings 4
63mm
11.1 HDPE pipe; supply and install inclusive all connection/fittings 5
90mm

pc
pc
pc

m
m
m

m
m
m
m
pc
no
pc
pc
pc
pc
pc
pc
pc
pc
pc

THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 25 of 40

ITQ NO: 6100017595


12.0
SANITARY FITTINGS
0
12.0 Supply and install squatting WC (INAX C336) 540 x 390mm with
1
integral footrest complete with ceramic HL cistern & all acc.
12.0 Supply and install squatting WC (INAX C336) 540 x 390mm with
2
integral footrest
12.0 Supply and install squatting WC (INAX C336) ceramic HL cistern &
3
all acc.
12.0 Supply and install pedestral WC (INAX CF10) complete with cistern
4
& all acc.
12.0
Supply and install pedestral WC-INAX CF10
5
12.0
Cistern and all accessories
6
12.0 Supply and install vitreous china/armitage shank/Inax wash hand
7
basin of 550mm x 400mm c/w approved accessories.
12.0 Supply and install Armitage Shank Bengal squatting type white
8
water closet
12.0 Supply and install wall hung white vitreous china urinal bowl c/w
9
approved accessories.
12.1
Supply and install 200 gallons fibreglass water storage tank
0
12.1 Remove and dispose existing damaged/broken Water closet/Urinal
1
basin/Cistern
Remove and replace unserviceable P-trap or S-trap (This include
12.1
supply of all the necessary fixing plus associated work or material
2
used.)
Remove and replace plastic 150mm x 150mm floor trap grating
12.1
with opening. (This includes supply of all the necessary fixing plus
3
associated work or material used.)
12.1
Remove and replace galvanised iron flashing gauge 16.
4
12.1
Remove and replace Low level plastic water cistern with fittings
5
12.1
Remove and replace High level plastic water cistern with fittings
6
12.1 Remove and replace Pedestal type water closet (wc) plastic seating
7
ring with cover
12.1 Supply and fix PVC water pipe including all the necessary fittings,
8
elbows, joints , tees etc)-13 mm diameter PVC pipe (class B)
12.1 Supply and fix PVC water pipe including all the necessary fittings,
9
elbows, joints , tees etc)-19 mm diameter PVC pipe (class B)
12.2 Supply and fix PVC water pipe including all the necessary fittings,
0
elbows, joints , tees etc)- 25 mm diameter PVC pipe (class B)
12.2 Supply and fix PVC water pipe including all the necessary fittings,
1
elbows, joints , tees etc)-50 mm diameter PVC pipe (class B)
12.2 Supply and fix PVC water pipe including all the necessary fittings,
2
elbows, joints , tees etc)-100 mm diameter PVC pipe (class B)
12.2 Supply and fix PVC water pipe including all the necessary fittings,
3
elbows, joints , tees etc)-200 mm diameter PVC pipe (class B)
13.0
GLAZING WORKS
0
13.0 Supply and install 170 x 600 x 5mm thk obscured glass to window

set
set
set
set
set
no
no
no
no
no

no
m
no

no
no
mr
mr
mr
mr
mr
mr

no

THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 26 of 40

ITQ NO: 6100017595


1
louvres
13.0
Supply and install 6mm thk clear sheet glass to window frame
2
13.0 Supply and install 6.5mm thk laminated sheet glass to window
3
frame
13.0
Supply and install 6mm thk tempered sheet glass to window frame
4
13.0 Supply and install 10.5mm thk laminated sheet glass to window
5
frame
13.0 Supply and install 10mm thk laminated sheet glass to window
6
frame
13.0 Supply and install 900 x 2200 x 12mm thk tempered sheet glass
7
door with hinges, lock and handle
13.0 Supply and install 6mm thk clear mirror with aluminum frame to
8
wall
13.0
Supply and install tinted film to existing glass panel
9
13.1
Remove and dispose existing glass panel.
0
14.0
PAINT WORKS
0
14.0 Painting Works -Patching up works for all kind of painting type with
1
amount of surface to be patched per each location less than 1m2
14.0 To supply and paint one coat of under coat and two layers of
2
finishing paint to timber surface
14.0 To supply and paint one coat of under coat and two layers of
3
finishingPaint to interior wall
14.0 To supply and paint one coat of under coat and two layers of
4
finishing paint to exterior wall/kerb
14.0 To supply and paint one coat of primer and one layer of finishing
5
paint to metal surface of mild section and all alike flat surface
To supply and paint one coat of primer and one layer of finishing
14.0
paint to metal surface of grille, grating, wire mesh and all alike odd
6
surface
14.0 Paint /repaint -Timber Surface- One (1) coat of aluminum wood
7
primer
14.0
Paint /repaint -Timber Surface- One (1) coat of alkyd undercoat
8
14.0 Paint /repaint -Timber Surface-Two (2) coats of alkyd gloss finish
9
paint
Surface preparation to remove existing loose and unstable paint ,
14.1 plaster, splashes and contaminants using high pressure water jet.
0
Work to include making good cracks and surface defects with
appropriate sealer or plaster
14.1 Paint /Repaint -Cement Plastered Surface One (1) coat of wall
1
sealer
14.1 Paint /Repaint -Cement Plastered Surface Two (2) coats of
2
emulsion finish coat (internal)
14.1 Paint /Repaint -Cement Plastered SurfaceTwo (2) coats of
3
weathershields emulsion finish coat (external)
14.1 Surface preparation to remove existing old paint and corrosion
5
using power tools
14.1 Paint /Repaint - Metal Surface- One (1) coat of etching primer

m
m
m
m
m
no
m
m
m

m
m
m
m
m
m

m
m
m

m
m
m
m2

THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 27 of 40

ITQ NO: 6100017595


6
14.1
Paint /Repaint - Metal Surface-Two (2) coats of epoxy primer
7
14.1
Paint /Repaint - Metal Surface-One (1) coat of alkyd undercoat
8
14.1 Paint /Repaint - Metal Surface-Two (2) coats of aliphatic
9
polyurethane finish coat
15.0
ROAD WORKS
0
Excavate soil to average depth of 250mm and cart away to
15.0 approved disposal site; new excavated platform to be properly
1
compacted with 8-10 T roller to serve as sub-base for receiving
hard-core
15.0 Supply, lay and compact 200 thk hard-core by 8-10 T roller as
2
road base to required slope and camber
Supply, lay and compact with 8-10 T roller 30mm thk bitumen
15.0 (16mm agg.) Binder and 20mm thk bitumen (12mm agg.) Wearing
3
course on top of existing premix/new hard-core base spread with 5
m2/lit tack coat (total 50mm thk) :To supply and lay new precast concrete paver by filling and
15.0 compacting base and install the new precast concrete paver
4
(inclusive of hard-core of average depth of 150mm and sand fill in
between paver)
To remove existing precast concrete paver, refill/recompact base,
15.0
and install the existing precast concrete paver (inclusive of hard5
core of maximum depth of 100mm and sand fill in between paver)
To cast in-situ concrete pavement with G25-20mm concrete of
15.0
150mm thk and 2 layers of BRC A9 (inclusive of 50mm lean
6
concrete, all formworks, expansion joint, and trowelled surface)
To cast in-situ concrete pavement with G25 - 20mm concrete of
15.0
100mm thk and 2 layers of BRC A9 (inclusive of 50mm lean
7
concrete, all formworks, expansion joint, and trowelled surface)
15.0
To hack off and cart away existing premix
8
15.0
supply and install new Fibreglass tank, 200 gallons
9
Pressed steel tank 1200 x 1200 x 1200 mm with cover, 25mm dia
15.1
incoming pipe, 50mm supply pipe, and discharge pipe install on
0
concrete plinth

m
m
m

m
m
m

m
m
m
m
pc
no

_________________________
TENDERERS SIGNITURE
AND COMPANY STAMP
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 28 of 40

ITQ NO: 6100017595

THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 29 of 40

ITQ NO: 6100017595


B
RENTAL OF EQUIPMENT AND SUPPLY MANPOWER SERVICES
The rates shall include rental cost and transportation cost from Contractors Main/Branch
Office to PDB Terminals and back to Contractors Main/Branch Office to mobilize major tools
and equipment as per PDBs requirement necessary to perform the Works which are not
practical via standard transport of manpower/ labour. The cost shall also include ferry fare, toll
charges to the respective Terminals.
Self-Operate (Part 1)
Below equipment shall be owned by bidder:

NO
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

23

ITEM

UNIT

Concrete mixer 7T
Concrete vibrator
Oxy- acetylene cutter
Arc Weld set 300 Amp
Electronic Drill dia. 2mm - 38mm
(Electric impact drill)
Generator 50 KVA
Pick up, 1T
Lorry, 5T
Lorry, 10T
Static Roller 5T
Static Roller 10T
Vibrating Roller 14T
Plate Compactor
Backhoe Class F
Mobile Crane 20T
Crawler crane 35T
Excavator > 1m3
Water pump 100mm delivery
Concrete Breaker 25mm
Air compressor 375 cfm
Scaffolding (tubular type) 3 steps /
set, erected and with wheels
(external)
Scaffolding (tubular type) 3 steps /
set, erected and with wheels
(Confine space)

DAILY
RATE

PRICE (RM)
WEEKLY
RATE

MONTHLY
RATE

1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1 m3

1 m3

THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 30 of 40

ITQ NO: 6100017595

1. Unless specifically excluded, all prices shall be in Ringgit Malaysia (RM) and shall be
deemed to be inclusive of labour, material, transport, delivery, handling, packaging,
currency exchange inflation, mobilization-demobilization, price hike and other related
charges and services necessary for the successful performance and completion of the
WORKS.
2. The price quoted by the CONTRACTOR for any taxable supplies to be made under this
CONTRACT is exclusive of GST.

...............................................
Signature & Company Stamp
Name

; .

Date

: ..

H/P No.

: ..

GST Reg. No. : ..

THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 31 of 40

ITQ NO: 6100017595

SECTION III
GENERAL TERMS AND CONDITIONS

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AVIATION TERMINALS NORTHERN REGION
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PART 1 : DEFINITIONS AND INTERPRETATIONS
The following definitions shall apply to this General Terms And Conditions except where the
context otherwise requires:
a. PDB" means PETRONAS Dagangan Berhad.
b. WORKS means the work to be performed and rendered by the CONTRACTOR, as
expressly set forth in this CONTRACT, which is more particularly described in EXHIBIT I SCOPE OF WORKS.
c. CONTRACT PRICE means the agreed amount or rates to be paid to the CONTRACTOR
as specified in EXHIBIT II SCHEDULE OF PRICE / RATES.
d. CONTRACT means the CONTRACT entered into between PDB and the CONTRACTOR for
the WORKS in accordance with the terms and conditions contained herein including all
Articles, Exhibits and any other documents attached hereto or incorporated by reference
including any subsequent amendments to them.
e. "CONTRACTOR" means the party entering into this CONTRACT with PDB for the
performance of the WORKS as set forth in this CONTRACT and includes the CONTRACTORs
personnel, representatives, successors and authorized parties.
f.

"SITE" means the areas or places as designated by the PDB where the WORKS is to be
performed or delivered, as further specified in: EXHIBIT I - SCOPE OF WORKS.

PART 2 : GENERAL TERMS AND CONDITIONS


Subject to any special conditions stated in other documents attached in this invitation, the
General Terms and Conditions hereunder shall apply:1.

SCOPE
The CONTRACTOR shall complete the WORKS in accordance with this CONTRACT and in
every respect in accordance with the directions and to the satisfaction of PDB.

2.

ADEQUACY OF SUPPLIER TO QUOTE


2.1It is assumed that the CONTRACTOR has the experience and knowledge of the
WORKS and all costs to be incurred shall be included in the quotation price.
2.2PDB shall not entertain any subsequent claim on the ground of insufficient
information.
2.3Where specifications are nominated, the WORKS shall conform to the requirements
prescribed therein unless any variation is subsequently approved in writing by PDB.

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3.

CONTRACT PRICE
3.1 The agreed CONTRACT PRICE for the performance of the WORKS shall be as stated
in EXHIBIT II SCHEDULE OF PRICE/RATES and shall remain firm and valid
throughout the CONTRACT PERIOD, and any extension periods thereto. The
CONTRACT PRICE shall not be subjected to change for any reason whatsoever
including, but not limited to, cost escalation, currency fluctuations or minimum
order size/tonnage.
3.2 Unless specifically excluded, all prices shall be in Ringgit Malaysia (RM) and shall
be deemed to be inclusive of labour, material, transport, delivery, handling,
packaging, and other related charges and services necessary for the successful
performance and completion of the WORKS.
3.3 No price variation shall be allowed during the CONTRACT PERIOD.

4.

INVOICING AND PAYMENTS


4.1Applicable for Supplier Self Services (SUS)

4.1.1 The CONTRACTOR shall send the Service Confirmation through the Supplier
Relationship Management (SRM) Supplier Self Service (SUS) portal to the
PDB for the WORKS performed upon the completion of the WORKS as
specified in this CONTRACT for the PDBs verification and approval before
submission of the final undisputed e-Invoice (through the SRM SUS portal).
The Service Confirmation may include any amount due to the CONTRACTOR
which has not been claimed previously, as well as any claims made by the
CONTRACTOR for expenditures on the PDB's behalf.
4.1.2 Any claims made by the CONTRACTOR for items reimbursable at actual cost
under this CONTRACT or for payments made on the PDB's behalf shall be
properly itemized and shall be net of all discounts and allowances, whether
or not taken by the CONTRACTOR. Service Confirmation must be supported
by the Job Completion Ticket (JCT) to fully support such reimbursement for
verification thereof by the PDB. JCT shall include all requisite supporting
documentation such as time sheets, third party invoices and/or other
supporting data or information as is required or reasonably necessary to
support the claims, to be verified by the PDB.
4.1.3 Upon verification, the PDB may dispute and reject any Service Confirmations
that do not fulfil the PDBs verification requirements. PDB shall then notify
the CONTRACTOR to resubmit the corrected Service Confirmation together
with the requisite documentation as per Clause 4.1.2 above.
4.1.4 Should there be no further disputes, the PDB shall perform Service
Acceptance and the CONTRACTOR shall then submit the e-Invoice via SUS
portal.
4.1.5 Payments shall be made by the thirtieth (30 th) day after receipt of the eInvoice by PDB (date of receipt excluded). If the thirtieth (30 th) day falls on
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Saturday, Sunday or a gazetted public holiday, the next working day shall be
deemed to be the due date for payment.
4.1.6 Notwithstanding the above, PDB may withhold payments of the e-Invoice in
the event that it is of the opinion that further verifications are required.
4.1.7 Payments due to the CONTRACTOR may be withheld by PDB on account of
the following:
a. unsatisfactory performance of this CONTRACT;
b. the filing of claims against PDB caused by acts or omissions of the
CONTRACTOR or failure of the CONTRACTOR;
c. failure to submit the copies of Insurance Policies; or
d. Failure of the CONTRACTOR to pay amounts when due for the WORKS
used by the CONTRACTOR in performing the WORKS or amounts due to
CONTRACTOR's SUB-CONTRACTOR on the WORKS.
4.1.8 If and when the cause(s) for withholding any such payment has/have been
remedied by the CONTRACTOR and satisfactory evidence of such remedy
has been presented to PDB, the payments withheld shall be released by
PDB.
4.1.9 If and when the cause(s) for withholding any such payment are not
remedied by the CONTRACTOR, PDB shall then have the right to deduct any
monies due to the CONTRACTOR. For Clause 4.1.7(d), PDB may make
payments directly to the SUB-CONTRACTOR.
Such payment shall be
deemed to be a payment made to the CONTRACTOR by PDB under this
CONTRACT.
4.1.10All payments to the CONTRACTOR by PDB under the terms of this
CONTRACT shall be in Ringgit Malaysia (RM) or any other currency as
agreed in EXHIBIT II SCHEDULE OF PRICE / RATES, as the case
maybe.
In the event the CONTRACTOR issues an invoice in other than Ringgit
Malaysia (RM) to PDB, the CONTRACTOR shall provide the respective
foreign currency account for payment purposes and the PDB shall make
payment in foreign currency directly into the CONTRACTORs foreign
currency account.
Where the CONTRACTOR is unable to open a foreign currency account for
any reason whatsoever, then payment shall be made in the RM equivalent.
The exchange rate applicable shall be the prevailing market rate on the day
of payment as quoted by PDBs bank. The prevailing market rate shall refer
to the Telegraphic Transfer buying rate of the said bank. If such day falls on
a day where the rate is not available, the rate quoted before such day shall
be used. All bank charges pertaining to the payment shall be borne by the
CONTRACTOR.
4.1.11Upon notification of any erroneous billings made by or payments made to
the CONTRACTOR by PDB, the CONTRACTOR shall within fourteen (14) days,
issue a credit note and refund to PDB any amounts of overpayment. During
the aforementioned fourteen (14) days, PDB shall withhold any payments
due to the CONTRACTOR. In the event the CONTRACTOR fails to submit the
required credit notes and refunds, PDB shall be entitled to deduct such
amount from any payments due to the CONTRACTOR.
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4.1.12Payments made by PDB under this CONTRACT shall not preclude the right of
PDB to thereafter dispute any of the items invoiced and in no event shall any
such payments affect the warranty obligations by the CONTRACTOR. Any
payments made shall be without prejudice to any other rights or remedies
available to PDB.
4.1.13All Service Confirmations, e-Invoices, financial statements / settlements,
and billings by the CONTRACTOR to PDB shall reflect properly the facts
relating to all activities and transactions handled for PDB's account.
4.2Applicable for Non Supplier Self Services (NON-SUS)
4.2.1 The CONTRACTOR shall submit invoices and supporting documents due for
payment to PDB for the WORKS performed upon the completion of the
WORKS as specified in this CONTRACT. Such invoices shall be signed and
verified and submitted together with supporting documents to show that the
WORKS have been completed to the satisfaction of PDB. The invoices may
include any amount due to the CONTRACTOR which has not been claimed
previously, as well as any claims made by the CONTRACTOR for
expenditures on PDB's behalf.
4.2.2 Any claims made by the CONTRACTOR for items reimbursable at actual cost
under this CONTRACT or for payments made on the PDB's behalf shall be
properly itemized and shall be net of all discounts and allowances, whether
or not taken by the CONTRACTOR. All invoices must be supported by the Job
Completion Ticket (JCT) to fully support such reimbursement for verification
thereof by PDB. JCT shall include all requisite supporting documentation
such as time sheets, third party invoices and/or other supporting data or
information as is required or reasonably necessary to support the claims, to
be verified by PDB.
4.2.3 Upon verification, PDB may dispute and reject any invoice that does not fulfil
PDBs verification requirements. PDB shall then notify the CONTRACTOR to
resubmit the corrected invoice together with the supporting documentation
as per Clause 4.2.2 above.
4.2.4 Should there be no further disputes, PDB shall perform Service Acceptance
and the CONTRACTOR shall then submit the final undisputed invoice to PDB.
4.2.5 Payments shall be made by the thirtieth (30th) day after receipt of the final
undisputed invoice by PDB (date of receipt excluded). If the thirtieth (30 th)
day falls on Saturday, Sunday or a gazetted public holiday, the next working
day shall be deemed to be the due date for payment.
4.2.6 Notwithstanding the above, PDB may withhold payments of the invoice in
the event that it is of the opinion that further verifications are required.
4.2.7 Payments due to the CONTRACTOR may be withheld by PDB on account of
the following:
a. unsatisfactory performance of this CONTRACT;
b. the filing of claims against PDB caused by acts or omissions of the
CONTRACTOR or failure of the CONTRACTOR;
c. failure to submit the copies of Insurance Policies; or
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d. failure of the CONTRACTOR to pay amounts when due for the WORKS
used by the CONTRACTOR in performing the WORKS or amounts due to
CONTRACTOR's SUB-CONTRACTOR on the WORKS.
4.2.8 If and when the cause(s) for withholding any such payment has/have been
remedied by the CONTRACTOR and satisfactory evidence of such remedy
has been presented to PDB, the payments withheld shall be released by
PDB.
4.2.9 If and when the cause(s) for withholding any such payment are not
remedied by the CONTRACTOR, PDB shall then have the right to deduct any
monies due to the CONTRACTOR. For Clause 4.2.7 (d), PDB may make
payments directly to the SUB-CONTRACTOR.
Such payment shall be
deemed to be a payment made to the CONTRACTOR by PDB under this
CONTRACT.
4.2.10 All payments to the CONTRACTOR by PDB under the terms of this
CONTRACT shall be in Ringgit Malaysia (RM) or any other currency as
agreed in EXHIBIT II SCHEDULE OF PRICE / RATES, as the case
maybe.
In the event the CONTRACTOR issues an invoice in other than Ringgit
Malaysia (RM) to PDB, the CONTRACTOR shall provide the respective
foreign currency account for payment purposes and PDB shall make
payment in foreign currency directly into the CONTRACTORs foreign
currency account.
Where the CONTRACTOR is unable to open a foreign currency account for
any reason whatsoever, then payment shall be made in the RM equivalent.
The exchange rate applicable shall be the prevailing market rate on the day
of payment as quoted by the PDBs bank. The prevailing market rate shall
refer to the Telegraphic Transfer buying rate of the said bank. If such day
falls on a day where the rate is not available, the rate quoted before such
day shall be used. All bank charges pertaining to the payment shall be borne
by the CONTRACTOR.
4.2.11 Upon notification of any erroneous billings made by or payments made to
the CONTRACTOR by PDB, the CONTRACTOR shall within fourteen (14) days,
issue a credit note and refund to PDB any amounts of overpayment. During
the aforementioned fourteen (14) days, PDB shall withhold any payments
due to the CONTRACTOR. In the event the CONTRACTOR fails to submit the
required credit notes and refunds, PDB shall be entitled to deduct such
amount from any payments due to the CONTRACTOR.
4.2.12 Payments made by PDB under this CONTRACT shall not preclude the right of
PDB to thereafter dispute any of the items invoiced and in no event shall any
such payments affect the warranty obligations by the CONTRACTOR. Any
payments made shall be without prejudice to any other rights or remedies
available to PDB.
4.2.13 All invoices, financial statements/settlements, and billings by the
CONTRACTOR to PDB shall reflect properly the facts relating to all activities
and transactions handled for PDB 's account.
5.
CHANGE IN SPECIFICATION
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5.1PDB reserves the right to change the specification and the Scope of WORKS from
the date specified in writing by PDB, the WORKS required shall follow the changes
specified.
5.2If any of the changes cause a change in expenditure, the difference in price
involved shall be adjusted accordingly and agreed to by both parties.
6.

TERMINATION
6.1 PDB shall have the right to terminate the CONTRACT upon giving seven (7)
calendar days notice in writing to CONTRACTOR if:(a) CONTRACTOR commits any breach of his obligations under the terms and
conditions of the CONTRACT;
Or
(b) it is discovered that CONTRACTOR or his agent or any person employed by him
or acting on his behalf had engaged in any illegal means / malpractice's for
doing or forbearing to do or for having done or forborne to do any act in relation
to obtaining or executing of this or any other CONTRACT with PDB.
6.2Upon such termination, PDB shall be entitled to recover from CONTRACTOR the
amount of any loss and damages resulting from such termination.
6.3Notwithstanding Clause 6.1 or any other inferred provision of the CONTRACT, PDB
may terminate this CONTRACT either in part or in total by giving seven (7) calendar
days notice in writing to the CONTRACTOR. In the event of such termination, the
liability of PDB to the CONTRACTOR shall not exceed the audited amounts properly
payable in the case of the WORKS completed in accordance to the work description
in the Bill of Quantities, or schedule of rate basis, or in the case of a lump sum
amount, the percentage of the WORKS completed at the date of termination when
termination is to be effective. PDB shall not be liable to CONTRACTOR for any claim
for loss of anticipated profits or damages for, an account of, or arising from any
termination of the CONTRACT by PDB.
(c) having done or forborne to do any act in relation to obtaining or executing of
this or any other CONTRACT with PDB.
6.4Upon such termination, PDB shall be entitled to recover from CONTRACTOR the
amount of any loss and damages resulting from such termination.
6.5Notwithstanding Clause 6.1 or any other inferred provision of the CONTRACT, PDB
may terminate this CONTRACT either in part or in total by giving seven (7) calendar
days notice in writing to the CONTRACTOR. In the event of such termination, the
liability of PDB to the CONTRACTOR shall not exceed the audited amounts properly
payable in the case of the WORKS completed in accordance to the work description
in the Bill of Quantities, or schedule of rate basis, or in the case of a lump sum
amount, the percentage of the WORKS completed at the date of termination when
termination is to be effective. PDB shall not be liable to CONTRACTOR for any claim
for loss of anticipated profits or damages for, an account of, or arising from any
termination of the CONTRACT by PDB.

7.
ISSUING OF LETTER OF AWARD
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7.1The Letter of Award shall be issued officially to the Successful CONTRACTOR.
7.2PDB shall not be liable on any order other than in written form.
8.

DECISION ON THE QUOTATION IS FINAL


The decision made on this quotation is final. Any correspondence relating to the decision
made on the tender will not be entertained.

9.

EXECUTION OF THE WORKS


The CONTRACTOR shall execute the WORKS in strict order in accordance with the terms of
the CONTRACT to the satisfaction of the PDB and shall comply with and adhere strictly to
the PDB's instructions and directions on any matter (whether mentioned in the CONTRACT
or not). The PDB may reject any part of the WORKS on the grounds of inferior
workmanship or materials and may require such part of the WORKS to be made good or
redone at the CONTRACTOR's expense.

10.

LEAVING THE SITE


Upon completion of the WORKS, the CONTRACTOR shall clear away and remove from the
site all constructional plant, surplus material, rubbish and temporary WORKS of every kind
and leave the whole of the SITE and WORKS clean and in a workmanlike condition to the
satisfaction of the PDB. No dumping of debris or surplus materials is allowed outside the
site or any area within the SITE boundaries.

11.

TAXES AND CUSTOM CHARGES (NEW ARTICLE)


The CONTRACT PRICE shall exclude any taxes payable under this ITQ. Similarly any
expenses to be incurred by the CONTRACTOR as a result of the ITQ in complying with the
Malaysian Tax
11.1
Legislations including the payment of all tax assessed on the CONTRACTOR as
any taxes for the performance of this
ITQ is the cost of the CONTRACTOR and PDB will withhold accordingly on the
CONTRACT PRICE.
11.2
The CONTRACTOR is responsible for its own tax compliance and payment of
any taxes that are imposed on him pursuant to the tax legislations in Malaysia. This
includes any employment taxes for its employees or its Sub-CONTRACTORs
employees.
11.3
The price quoted in EXHIBIT II SCHEDULE OF PRICE / RATES must
also be segregated based on the following, where applicable:
i.
Goods purchased locally and its applicable Custom Charges (for Incoterms of
DDP)
ii.
Imported Goods and its applicable Custom Charges (for Incoterms of DDP)
iii.
Services performed inside Malaysia
iv.
Services performed outside Malaysia
v.
Reimbursements / disbursements inside Malaysia
vi.
Reimbursements / disbursements outside Malaysia

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vii.
Hotel accommodation charges during travels in Malaysia
11.4
Where CONTRACTOR is of the opinion that withholding tax are not
applicable, it is the sole responsibility of CONTRACTOR to secure the written
direction from the Inland Revenue Board enabling PDB to make payments for the
services without any deduction of tax.
11.5
The CONTRACTOR and his personnel rendering the services under this ITQ
are independent parties and are not authorized to act as the agent of
representative of the PDB, the CONTRACTOR and PDB agree that no employment
relationship shall exist between the PDB or any of its affiliates and CONTRACTORs
personnel by virtue of the CONTRACTOR or personnel providing the services under
this ITQ. By virtue of the above representation:

i.

CONTRACTOR shall be responsible for the ensuring that all wages, fees,
contributions, social security, charges and taxes required to be paid by
CONTRACTORs personnel are paid as required by the relevant applicable law;

ii.

CONTRACTOR shall ensure that all appropriate deductions are made from the
wages of suppliers personnel in respect of taxes, employee social security and
other contributions including where required workmen compensation insurance
contributions; and

iii.

Neither CONTRACTOR nor CONTRACTORs personnel shall be deemed either


expressly or implicitly employees of PDB.

11.6
For avoidance of doubt, Tax or Taxes as mentioned above shall include
but not limited to all income, profit, withholding, franchise, excess profits, royalty,
other taxes, personal property taxes, employment taxes and contributions imposed
for that maybe imposed by law, regulations or trade union CONTRACTs, which are
imposed by or on behalf of any taxing authority and includes penalties, interest and
fines in respect thereof.
11.7
For incoterms other than DDP, the CONTRACT PRICE shall exclude Custom
Charges payable under this ITQ.
11.8
For incoterms of DDP, the CONTRACT PRICE shall exclude Custom Charges
payable under this ITQ.
11.9
For avoidance of doubt, Custom Charges as mentioned above shall include
but not limited to any import duty, surtax and any other statutory imposts levied,
which are imposed by or on behalf of any Customs Authorities but does not include
penalties, interest and fines levied due to the negligence of the CONTRACTOR.
12.

SERVICE TAXES BEFORE 1 APRIL 2015 (NEW ARTICLE)


12.1
CONTRACTOR is advised that the prices quoted before 1 April 2015 for the
taxable services as provided under the
Service Tax Act 1975 is exclusive of Service Tax. CONTRACTOR is instructed to
specify the Service Tax as a separate
line item in its quotation.

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12.2
If the service that CONTRACTOR would be providing to the PDB under this
ITQ are taxable services, CONTRACTOR is required to submit a copy of valid Service
Tax license issued by the Malaysian royal Customs Department (Customs
Authority) confirming that CONTRACTOR is licensed under the Service Tax Act,
1975 as a taxable person providing taxable services.
12.3
Service Tax as mentioned above and in the ITQ DOCUMENT refers to the
duties and imposts charged pursuant to the Service Tax Act 1975.

13.

SALES TAX BEFORE 1 APRIL 2015 (NEW ARTICLE)


13.1
Applicable for material/equipment CONTRACT with incoterms other
than DDP

i.

The ITQ shall also exclude Sales Tax payable under this ITQ.

ii.

Sales Tax as mentioned above and in the ITQ DOCUMENT refers to the duties
and imposts charged pursuant to the Sales Tax ACT 1972.

13.2

Applicable for material/equipment CONTRACT with incoterms of DDP

i.

The CONTRACT PRICE shall include Sales Tax payable under this ITQ. The price
quoted must clearly segregate and identify the sale tax values for goods
purchased locally and good imported for the ITQ.

ii.

Sales Tax as mentioned above and in the ITQ DOCUMENT refers to the duties
and imposts charged pursuant to the Sales Tax Act 1972.

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14.

GST (NEW ARTICLE)


14.1

This Clause shall only apply upon the enactment of the Goods and Services Tax Act
2014 (Act) in Malaysia and upon the Act coming into operation on a date
appointed by Minister by notification in the Gazette [Goods and Services Tax 2014
Appointment of Date of Coming Into Operation]

14.2

The price quoted by the CONTRACTOR for any taxable supplies to be made under
this CONTRACT is exclusive of GST.

14.3
Where Goods and Services Tax (GST) is applicable to any supplies made or
provided by the CONTRACTOR under
this CONTRACT, the CONTRACTOR (who is a Taxable Person under Section 2 of
the Act) is entitled to charge
GST on the payment of the supply. The consideration for such supply will be
increased by an amount calculated as:
AxR
Where:
A is the amount of consideration payable for the supply; and
R is the applicable rate of GST Sales
14.4

If the CONTRACTOR is liable for GST as contemplated by Clause 14.3 then:


a. the CONTRACTOR shall:
i.

provide to the PDB information that may be reasonably required to establish


its liability for GST; and

ii.

do such things and provide such information and documents as may


reasonably be required by the recipient to enable the recipient to claim an
input tax credit under the GST law; and

b. where a taxable supply has been made and consideration charged but the
applicable GST has not been charged, the increase in the consideration required
by Clause 14.3 shall be paid by the PDB upon the provision of a tax invoice by
the CONTRACTOR in accordance with the GST law.
Where costs incurred by one party are to be reimbursed by another, the amount
to be reimbursed shall be calculated net of any GST input tax credits that the
party seeking reimbursement is entitled to in respect of the cost incurred.
14.5
Where costs are paid by one Party on behalf of the other Party
(disbursement to 3rd party) the amount to be refunded to the Party, who made the
payment on behalf of the other Party, shall be inclusive of GST paid. All
documentation for disbursement must be in the name of the Party on whose behalf
the payment was made by the other Party.
For avoidance of doubt, GST as mentioned above refers to the tax imposed on goods and
services supplied in Malaysia as set out in the Goods and Services Tax Act 2014 which is
coming into operation on a date appointed by Minister by notification in the Gazette
[Goods and Services Tax 2014 Appointment of Date of Coming Into Operation].
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15.

CODE OF CONDUCT AND BUSINESS ETHICS


15.1
For the purpose of this Clause 15, each of the following expressions has,
except where the context otherwise requires, the meanings shown opposite it:
15.1.1 ASSOCIATED PERSONS means a person associated with the
CONTRACTOR and/or the SUB-CONTRACTOR, including, but not limited to
any
of
its
employees,
agents,
CONTRACTORs,
consultants,
representatives and agents.
15.1.2 RELEVANT REQUIREMENTS means all applicable laws, statutes,
regulations and codes relating to anti-bribery and anti-corruption.
15.1.3 RELEVANT POLICIES means Part II A (Conflict of Interest) and Part
II B (Fighting Corruption and Unethical Practices) of the PETRONAS Code
of Conduct and Business Ethics and other related policies, procedures,
guidelines and requirements as updated by PETRONAS from time to time.
15.1.4 RELEVANT OBLIGATIONS means obligations equivalent to those
imposed on the CONTRACTOR in Clause 15.3.
15.2

Business Conduct
15.2.1 The CONTRACTOR shall comply with the relevant parts of the
PETRONAS Code of Conduct and Business Ethics, Country Supplement,
other applicable rules, regulations, policies, procedures, guidelines and
requirements as updated by PETRONAS from time to time in the
performance of the WORKS. A copy of the PETRONAS Code of Conduct
and Business Ethics and Country Supplement can be obtained from:
http://www.petronas.com.my/aboutus/governance/Pages/governance/code-of-conduct-business-ethics.aspx
15.2.2 The CONTRACTOR shall ensure that all ASSOCIATED PERSONS who
perform WORKS in connection with this CONTRACT comply in all relevant
part with the PETRONAS Code of Conduct and Business Ethics, Country
Supplement, other applicable rules, regulations, policies, procedures,
guidelines and requirements as updated by PETRONAS from time to time.
15.2.3 From time to time, at the request of PDB, the CONTRACTOR shall
confirm in writing that the CONTRACTOR and the ASSOCIATED PERSONS
have complied with the obligations imposed upon it in this Clause 15.2
and provide any information reasonably requested by PETRONAS in
support of the compliance obligations.
15.2.4 In the event that the CONTRACTOR and/or the ASSOCIATED
PERSONS refuse, fail and/or is negligent in complying with the provisions
as stated in this Clause 15.2, PDB may, without prejudice to any other
remedies available to it within this CONTRACT or under the laws, take any
such action as deemed necessary including termination of this CONTRACT.

15.3
Conflict of Interest and Fighting Corruption and Unethical Practices
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15.3.1 The CONTRACTOR shall:
a. comply with all RELEVANT REQUIREMENTS and RELEVANT POLICIES;
b. have in place and maintain throughout the CONTRACT PERIOD, its own
policies and procedures to ensure compliance with the RELEVANT
REQUIREMENTS and RELEVANT POLICIES;
c. with respect to any matter arising out of this CONTRACT, maintain
adequate internal controls and accurately record all transactions in its
books and records;
d. enforce the policies and procedures referred to in Clause 15.3.1 (b)
above, where appropriate;
e. promptly report to PDB any breach of this Clause 15.3.1 arising in
connection with this CONTRACT and take such steps as PDB may
reasonably require in order to rectify any such breach;
f.

promptly report any request or demand for any undue financial or other
advantage of any kind received by the CONTRACTOR in connection with
the performance of this CONTRACT and take such steps in response to
any such request as PDB may require;

g. immediately notify PDB in writing if a foreign public official becomes an


officer or employee of the CONTRACTOR or acquires a direct or indirect
interest in the CONTRACTORs PDB and that the CONTRACTOR warrants
that no foreign public officials are officers or employees of the
CONTRACTOR or have direct or indirect interests in the CONTRACTOR at
the date of this CONTRACT.
15.3.2 The CONTRACTOR shall ensure that all ASSOCIATED PERSONS who
perform WORKS in connection with this CONTRACT do soon the basis of
a written contract which imposes RELEVANT OBLIGATIONS on the
ASSOCIATED PERSONS.
15.3.3 The CONTRACTOR shall be responsible for the observance and
performance by the ASSOCIATED PERSONS of the RELEVANT
OBLIGATIONS and shall be directly liable to COMPANY for any breach of
the RELEVANT OBLIGATIONS by an ASSOCIATED PERSONS.
15.3.4 Breach of this Clause 15.3 shall be deemed a material breach and
PDB may terminate this CONTRACT, without any ensuing obligations nor
liabilities, except for that incurred prior to the date of the breach.
16.

HEALTH, SAFETY AND ENVIRONMENT REQUIREMENTS

16.1
The CONTRACTOR shall comply with all applicable Health, Safety and
Environment (HSE) laws and regulations pertaining to safety, health, environment
protection and fire protection, which are applicable to the location where the
WORKS are being carried out. The CONTRACTOR shall also comply at all times with
the requirements as set forth by PDB in its HSE Management System (HSEMS),
policies, operating standards, site HSE requirements, PDB Zero Tolerance Rules
(ZeTo) and any special instructions and all requirements stipulated in this
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CONTRACT. These requirements are intended to supplement any known or ought to
be known laws and regulations applicable at the location where the WORKS are
being carried out. The CONTRACTOR shall take all necessary HSE control and
recovery measures related to or arising out of the performance of this CONTRACT in
order to protect the WORKS, the personnel and property of PDB, the CONTRACTOR,
SUB-CONTRACTOR, all third parties and public from the hazards and risks
associated with the planning and execution of the WORKS.
Notwithstanding the above, the CONTRACTOR shall perform all obligations related
to the HSE requirements.
16.2

HSE Recognition

The CONTRACTOR shall work closely with PDB to develop the most appropriate HSE
recognition program for this CONTRACT. Such HSE recognition program shall
provide a structured means to periodically reward and recognize those personnel
who have contributed in making the SITE a safe work place. HSE incentives will be
based on merits, active participation, and the achievements of HSE performance
targets.
16.3

Default of the CONTRACTOR

The failure of the CONTRACTOR to comply with PDBs applicable HSE requirements
shall be deemed as a default by the CONTRACTOR and shall constitute a breach of
this CONTRACT.
16.4

Right to Stop Work on HSE Ground

PDB shall have the right to prohibit commencement of the WORKS or to stop any
WORKS in progress on HSE ground if (without limitation) materials, construction
equipment, the CONTRACTORs personnel (whether procured by the CONTRACTOR
from third parties or supplied by the CONTRACTOR) or work conditions are
considered to be unsafe or not in compliance with PDBs HSE rules and/or
requirements. The CONTRACTOR shall without reservation remove the unsafe
materials, construction equipment, the CONTRACTORs personnel or work
conditions prior to seeking PDBs permission to resume or commence the WORKS.
Any costs incurred by the CONTRACTOR as a result of any delays or actions taken
or required which arise in any way in connection with this Clause and/or the
WORKS stoppage, shall be at the CONTRACTORs sole expense and shall not entitle
the CONTRACTOR to any compensation thereof.
16.5

Right to Withhold Payment on HSE Ground

16.5.1In the event the CONTRACTOR fail to comply with any of the HSE
requirements. The PDB shall be entitled to withhold amounts from payments
due to the CONTRACTOR under this CONTRACT until the CONTRACTOR
rectifies the non-compliance to the satisfaction of PDB whereupon PDB shall
immediately release such sums withheld to the CONTRACTOR (without any
interest imposed thereon).
16.5.2In the event the CONTRACTOR fails to take appropriate remedial action or
refuses to remedy or remove the causes for withholding such payments
after delivery of written notice to the CONTRACTOR by PDB, PDB shall be
entitled to cause the same to be remedied or removed on its own and may
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deduct the costs including the expenses thereby incurred by PDB from any
amounts due or owing or which may become due or owing to the
CONTRACTOR under this CONTRACT provided always that this provision shall
not affect any other rights or remedies to which PDB may be entitled
hereunder this CONTRACT or at law or otherwise for the recovery of such
sums.
16.6

Consequence Management for HSE Non-Compliance

16.6.1 In case of HSE non-compliance committed by the CONTRACTORs personnel


which has been verified by PDB, consequence management shall be applied
to the CONTRACTORs personnel accordance with the requirements.
16.6.2 If HSE non-compliances of a major category as prescribed were repeatedly
committed by the CONTRACTORs personnel, PDB shall have the right to
terminate this CONTRACT in accordance with the provisions of Clause 6 TERMINATION of this CONTRACT and claim for any loss and/or damages
suffered by PDB as a result thereof.
16.6.3 If an incident of HSE non-compliance by the CONTRACTOR occurs and
results in fatality during execution of the WORKS, PDB shall have the right to
terminate this CONTRACT in accordance with the provisions Clause 6 :
TERMINATION and claim for any loss and/or damages suffered by PDB as a
result thereof.
16.6.4 The above are without prejudice to any other rights and remedies of PDB
arising hereunder or by law or otherwise.

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