DOCUMENT A1

UNIVERSITI UTARA MALAYSIA

TENDER NO: UUM/BEN/T311/2014
INSTRUCTION TO TENDERERS
1.
The purpose of this tender is to invite local companies registered with the
Kementerian Kewangan Malaysia and the Malaysian Communications and Multimedia
Commission (MCMC) for the Tender for Design, Supply, Delivery, Installation,
Testing, and Commissioning of Upgrading the Universiti Utara Malaysia Internet
Services.
2.
The tender shall be signed with all blanks in the Tender Form and Schedules
(Document B and C) filled in. Failure to fill in and sign all Tender Form and Schedule
in Document C will cause the tender to be rejected. The Tender Form shall be
accompanied by the schedules referred to therein which shall be completed and signed
and fully priced to show the amount of the tender. The summary of the tender shall be
signed. Please refer to the Instruction to the Tenderer in the DOCUMENT A5.
3.
The tender documents are divided into three sections. Section B and C have
to be bounded separately and sent together in one envelope.
4.
The tender, schedules and all supporting documents such as original brochures,
technical data, catalogues, etc. shall be enclosed in a sealed cover clearly endorsed on
the outside of the envelope stating:TENDER FOR DESIGN, SUPPLY, DELIVERY, INSTALLATION,
TESTING AND COMMISSIONING OF UPGRADING THE UNIVERSITI
UTARA MALAYSIA INTERNET SERVICES
TENDER NO: UUM/BEN/T311/2014
and shall be addressed to
Bendahari
Universiti Utara Malaysia
06010 UUM Sintok
Kedah Darul Aman
so as to reach that address at or before 12.00 pm of date 5th November 2014.
5.

If sent by hand, the envelope shall be placed in the appropriate tender box.
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6.
If sent by post, it should be registered using double cover. The inner cover should
be clearly marked as detailed in paragraph 4 above.
7.
UUM is not bound to accept any lowest price or any offer tendered. UUM is also
not bound to give any reason in rejecting an offer and will not be liable for any costs
incurred by the tenderer.
8.
For any enquiries, please send official email to rft_net_internet@uum.edu.my.
Any communication via phone, SMS or other means shall not be entertained.

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DOCUMENT A2

UNIVERSITI UTARA MALAYSIA

GENERAL CONDITIONS OF TENDER
TENDER NO: UUM/BEN/T311/2014
TENDER FOR DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING AND
COMMISSIONING OF UPGRADING THE UNIVERSITI UTARA MALAYSIA INTERNET
SERVICES
1.

The whole or any individual item or items of the supplies set forth in the
Specifications will be let on contract subject to the Conditions of Contract.

2.

The Tenderer must submit the WHOLE Tender document in the sealed envelope
together write the following documents:(a)

A certified copy of Certificate of Registration with the Kementerian

Kewangan Malaysia

(b)

A copy of proposed implementation chart

(c)

Other schedules related to this tender

(d)

Last audited financial statement

3.

All recipients of the documents for the proposed Contract for the purpose of
submitting a tender (whether they submit a tender or not) shall treat the details of
the documents as private and confidential.

4.

No alterations shall be made in the Form of Tender or other documents and the
Tenderer shall comply entirely with the Terms and Conditions of Contract,
Drawings, Specifications, Letter of Invitation and any amendments or additions
thereto notified to Tenderers by the Vice Chancellor.

5.

Tenders must be submitted on the formal tender documents provided. Tenders

which are not submitted on the formal tender documents provided will not be
considered.

6.

Universiti Utara Malaysia will not be held responsible for or pay for, any expenses
or losses which may be incurred by the Tenderer in the preparation of his tender.

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7.

(a)

In the event of any Tenderer being supplied, at his request, with copies of
any of the tender documents, it shall be the sole responsibility of the

Tenderer to scrutinize such copies and satisfy himself that they are exact
copies of those included in the tender documents.
(b)

In the event of any discrepancy being found between any such copies
supplied to the Tenderer and those included in the Tender Table Documents,
it shall be the sole responsibility of the Tenderer to apply to the officer
receiving the tenders to have such discrepancy rectified before the final
date for submission of tenders.

8.

The Tenderer's attention is drawn to the clauses whereby all prices tendered shall
be in Malaysian Ringgit and all payments to be made shall also be in Malaysian
Ringgit payable to the Tenderer's account in any bank in Malaysia.

9.

Universiti Utara Malaysia is not bound to accept the lowest or any tender.

10.

Prices should be quoted for ALL the items failing which the Tender will not be
considered. For the maintenance during defect liability period 36 months after the
issuance of the Final Acceptance Certificate, the Tenderer shall submit the detail
prices in form B6.

11.

(a)

All tender prices quoted by the Tenderer shall be inclusive of all charges of
carriage and freight to the Office of the Vice Chancellor, Universiti Utara
Malaysia, Sintok, Kedah Darul Aman. The tender price shall also be
inclusive of all charges for handling and unloading, insurances, storage and
any other activities until all of the system are installed at the designated
locations.

(b)

All tender prices quoted by the Tenderer shall also be inclusive of customs
duties and taxes which may be levied by the Government of Malaysia for
importation of each item.

(a)

The tenders and documents in connection therewith as specified above,

must be delivered to the place at or before the time stipulated.

(b)

In the case of tender not being delivered by hand, the Tenderer must
arrange for his tender and other documents to be posted in time to reach
the stipulated place not later than the stipulated time.

(c)

Any tender delivered after the stipulated time, from whatever cause arising,
will not be considered.

12.

(d) In no case will any expenses incurred by a Tenderer in the preparation of

this tender be allowed to be claimed from the University.

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13.

The tender shall remain valid for ninety (90) days from the final date for submission
of tenders and no Tenderer may withdraw his tender within that period.

14.

Every notice to be given to a Tenderer may, if the office receiving the tenders thinks
fit, be posted to the Tenderer's address given in the tender and such posting shall
be deemed good services of such notice.

15.

The Accepted Approved Tenderer (if any) shall be notified of such acceptance by
letter within ninety (90) days during which by paragraph 13 hereof, the tender is
to remain valid and the said Tenderer shall within the time stated in the Form of
Tender, first execute the Formal Contract Agreement and then on the same day
shall deposit the Performance Bond (if any) for the due performance of the
Contract.

16.

The word 'Approved Tenderer' shall mean that the Tenderer shall be approved
by the officer receiving the tenders and shall have complied with these conditions
of tendering in every respect.

17.

The word 'Tenderer' in these conditions shall be deemed to include two or more
persons. The word 'his' may also mean 'her' or 'their' and the word 'he' may also
mean 'she' or 'they'.

18.

Non-compliance with the above conditions in any respect or qualification of the

Conditions of Contract in any form shall render the tender liable to rejection.

19.

Universiti Utara Malaysia will neither be responsible for nor pay, except as
otherwise provided in the Contract, any tax impose on the Tenderer or on his
employees (whether under the designation of Income Tax or otherwise). The
Tenderer shall, at his own expense, carry out such duties as may be imposed upon
him by law in respect of such taxes.

20.

(a)

The Tenderer shall be required to provide a Performance Bond in the form

of cash or an approved Banker's Guarantee equal to two and a half percent
(2 1/2%) of the Contract Sum if the Contract Sum is less than RM500,000/(Malaysian Ringgit: Five hundred thousand); and five percent (5%) of the
Contract Sum if the Contract Sum is RM500,000/- (Malaysian Ringgit : Five
hundred thousand), or larger. This Performance Bond will be released
upon expiry of the guarantee period or 36 months after the expiry of the
Contract, whichever is later.

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(b)

The 'Performance Bond' shall be in the form of cash or approved Banker's

Guarantee issued by a bank registered in Malaysia.

(c)

The Performance Bond (or any balance thereof remaining for the credit of
the Tenderer) shall be released on the expiry of the Guarantee Period or 36
months after the expiry of the Contract whichever is later.

21.

The Tenderer shall state whether goods are imported wholly into Malaysia or are
assembled or manufactured locally in parts or in whole or ex-stock Malaysia and to
be submitted by Tenderer. This instruction to tenderers must be observed and
followed by the Tenderer.

22.

The Tenderer is required to fill in all blank spaces in the Tender Document Form,
failing which may jeopardise his tender.

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DOCUMENT A3
(To be filled by the successful Tenderer)

PLACE OF ISSUE:
PERFORMANCE BOND (SUPPLY/SERVICES)
THIS AGREEMENT is made the_________________ BETWEEN _________________
of ______________________ (hereinafter called the Guarantor) of the one part and
UNIVERSITI UTARA MALAYSIA of 06010 UUM, SINTOK, KEDAH (hereinafter called
the UUM) of the other part.
WHEREAS:
1.

In consideration of the UUM allowing ______________________ of

_____________________ (hereinafter referred to as the Contractor) to
DESIGN, SUPPLY, DELIVER, INSTALL, TEST AND COMMISSION OF
UPGRADING THE UNIVERSITI UTARA MALAYSIA INTERNET SERVICES
(hereinafter called the Articles) WE, the undersigned at the request of the
contractor irrevocably undertake a guarantee to UUM that :-

2.

The Guarantor has agreed to guarantee the due performance of the Contract in
the manner hereinafter appearing.

Now the Guarantor hereby agrees with UUM as follows:

1)

Un UUMs first written demand, the Guarantor shall forthwith pay to UUM the
amount specified in such demand notwithstanding any contestation or protest by
the Contractor or Guarantor or by any other third party and without proof or
conditions. Provided always that the total of all demands so made shall not
exceed the sum of _____________________________ and the total amount
recoverable against the Guarantor under this Agreement shall not exceed the
said sum.

2)

The UUM reserves the right to make any partial demands if it shall so desire and
the total of all such partial demands so made shall not exceed the sum of
___________________________ and the liability of the Guarantor to pay UUM
the aforesaid shall correspondingly be reduce proportionate to any payment or
partial demands having been made by the Guarantor.
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CONTINUING SHEET
3)

The Guarantor shall not be discharged or released from this Guarantee by any
arrangement between the contractor and UUM with or without the consent of the
guarantor or by any alteration in the obligations undertaken by the Contractor or
by any forbearance, whether as to payment, time, performance or otherwise.

4)

The Guarantee given by the Guarantor is a continuing guarantee. This

Agreement shall be irrevocable and shall initially remain in force and effect from
___________ until ______________ (hereinafter referred to as the Initial Expiry
Date) being the end of a period of thirty six (36) calendar month after either the
late expiry date of the Contractor or the last delivery / shipment / consignment of
the Articles whichever is later. The maximum aggregate amount that shall be
entitled to under this UUM Agreement shall not exceed the said sum
of_____________________________.

5)

All whatsoever obligations and liabilities of the Guarantor under this Agreement
shall cease upon the determination of this Agreement on the Initial Expiry Date
or the Extended Expiry Date as the case may be save to the extent that UUM
shall previously have called upon the Guarantor in writing to pay specified
moneys payable under the Contractor then remaining outstanding.

6)

This Guarantee shall no be assigned without the Bank/Guarantors prior written

consent.

7)

ALL CLAIMS, IF ANY, IN RESPECT OF THIS GUARANTEE MUST BE

RECEIVED BY THE BANK DURING THE VALIDITY PERIOD OF THIS
GUARANTEE OR WITHIN FOUR (4) WEEKS FROM THE EXPIRY OF THIS
GUARANTEE WHICHEVER IS THE LATER.

IN WITNESS WHEREOF the partied hereto have hereunto set their hands the day and
year first above written.
Signed for and on behalf

of the said Guarantor in the

Presence of

}
}

..
(Witness)

Name:
Designation:
Bankers Chop:

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