Professional Documents
Culture Documents
2010
Tender Document
For
CONTENTS
Chapter Description
2. INSTRUCTIONS TO TENDERERS
3. APPENDIX TO TENDER
4. FORM OF BID
9. GENERAL REQUIREMENT
1.0 Ircon International Limited (IRCON) has been awarded the work of Electrified Double
Track Project between Seremban to Gemas in Malaysia on Design and Built Basis.
Sl. Name of Work Time & Date of Earnest Money Completion Period
No. Submission Deposit
1. Design, Engineering, 15.00Hrs. RM (1)8 (Eight) months
Manufacture, Supply, on 50,000.00 for Seremban (Incl.)
Installation, Interfacing 03.02.2010 to Sungai Gadut
& Integration, Testing (Incl.) with existing
(Fifty thousand
and Commissioning of CTC KL Sentral
Ringgit
Communication & (2) 20 (Twenty)
Malaysian
related works for months for Sungai
only)
Electrified Double Track Gadut (Excl.) to
project between Gemas (Incl.) and
Seremban to Gemas. complete system
from Seremban
(incl.) – Gemas (incl.)
with existing CTC KL
& new CTC Gemas
2.0 Eligibility of the bidders shall be assessed based on the “Essential Qualification
Criteria” and “Other Qualification Criteria” as given in Annexure – I.
3.0 Tender documents can be obtained from 10.30 hours to 16.00 hours on all working days
from 11.01.2010 to 02.02.2010 from the office of General Manager/S&T, IRCON
International Limited, C-4, District Centre, Saket, New Delhi-110017 on payment
(non-refundable) of Rs.5,000/- (INR) in cash or Demand Draft/ Pay order drawn in favour
of IRCON International Limited, New Delhi towards the cost of one set of the tender
documents. Tender documents can also be obtained by post, for which an amount of
Rs.500/- shall be charged extra. IRCON International Limited shall not be responsible
for any postal delay in receiving the tender documents.
Tender documents can also be obtained from 10.30 hours to 16.00 hours on all working
days from 11.01.2010 to 02.02.2010 from the office of Country Head, Ircon
The tender documents shall be sold only to the persons authorised in writing by the
tenderer/bidder. Tender documents can also be downloaded from IRCON’s web site
www.ircon.org and in such a case, the tenderer shall deposit the cost of tender
documents along with submission of the tender, failing which his tender shall not
be opened. The cost of tender documents shall be deposited in the form of
demand draft/pay order and enclosed in the envelope containing the Earnest
Money Deposit. Tenderers are advised not to make any corrections, additions or
alterations in the downloaded tender documents. In case any corrections, additions or
alterations in the downloaded tender documents are made, such tender shall not be
considered.
4.0 IRCON may issue addendum(s)/corrigendum(s) to the tender documents. In such case,
the addendum(s)/corrigendum(s) shall be issued and placed on IRCON’s website at
least three days in advance of date fixed for opening of tenders. The tenderers who have
downloaded the tender documents from website must visit the website and ensure that
such addendum(s)/corrigendum(s) (if any) is also downloaded by them. Such
addendum(s)/corrigendum(s) (if any) shall also be submitted, duly stamped and signed,
along with the submission of the tenders.
5.0 The tender documents shall be submitted in two separate sealed packets viz. Packet-I
containing Technical Bid and Packet-II containing Financial Bid. Detailed credentials as
per the requirement of eligibility criteria and all tender papers except Price Schedule are
to be submitted in “Technical Bid”. Price Schedule is to submitted in “Financial Bid”.
6.0 Completed tender documents in two packets viz. Packet-I and Packet-II shall be sealed
separately in envelopes super-scribing as Packet-I (Technical Bid) and Packet-II
(Financial Bid) along with the name of the work. These two sealed envelopes and the
envelop (super-scribing “Earnest Money for the work” containing the Earnest Money) in
the form as prescribed in the tender documents shall further be sealed in a larger
envelope super-scribing the name of the work as stated above (along with date and
time of opening of tenders) and addressed to Country Head, Ircon International
Limited, Block-3A, Level-9, Plaza Sentral, KL Sentral, 50470 Kuala Lumpur,
Malaysia and should be deposited in the tender box at IRCON’s office at address
“Country Head, Ircon International Limited, Block-3A, Level-9, Plaza Sentral, KL
Sentral, 50470 Kuala Lumpur, Malaysia” before 15.00 hours of 03.02.2010. Tenders
shall be opened (Technical Bids only) at 15:30 hours on the same day in the presence of
the tenderers or their authorised representatives intending to attend the opening. The
Financial Bids shall be opened only after assessing suitability as per the technical bids
by IRCON. The technically qualified bidders shall be informed to attend the opening of
financial bids.
Tenders duly sealed in the prescribed manner above can also be sent through
Registered Post/Speed Post/Courier so as to reach in the office of Country Head, Ircon
International Limited, Block-3A, Level-9, Plaza Sentral, KL Sentral, 50470 Kuala
Lumpur, Malaysia not later than the time and date of opening of tenders. Any
tender received later than the time and date of opening of tenders shall be rejected and
returned to the tenderer unopened.
7.0 Tender shall be submitted as per “Instructions to Tenderers” forming a part of the tender
document.
8.0 Any tender received without Earnest Money in the form as specified in tender
documents shall not be considered and shall be summarily rejected.
9.0 IRCON reserves the right to cancel the tenders before submission/opening of tenders,
postpone the tender submission/opening date and to accept/reject any or all tenders
and award the work in full or part without assigning any reasons thereof. IRCON’s
assessment of suitability as per eligibility criteria shall be final and binding.
10.0 Tenderers may note that they are liable to be disqualified at any time during tendering
process in case any of the information furnished by them is not found to be true. EMD of
such tenderer shall be forfeited. The decision of IRCON in this regard shall be final and
binding.
11.0 The validity of the offer shall be 90 days from the date of opening of the tender.
12.0 The transfer of tender documents purchased by one intending tenderer to another
tenderer is not admissible. Tenderer can submit tenders only on the documents
purchased/downloaded from IRCON’s website.
GENERAL MANAGER/S&T
IRCON INTERNATIONAL LIMITED
ANNEXURE - I
A. Essential Qualifying Criteria
1.0 The contractor should have the experience of successfully completed a work of Design,
Supply, Installation, Testing and Commissioning of SDH based digital transmission system and
minimum any one of the other sub systems costing not less than RM 6 million during the last 7
years (ending last day of the month previous to the one in each tenders are invited).
The other sub systems are i. Automatic Telephone Switching system, ii. Centralised
Passenger Information system, iii. Signal Post Telephone system, iv. Centralised Public
Address system, v. Centralised Clock system, vi.. Centralised CCTV and SCADA systems and
vii. STAR & SPOT systems.
OR
(a) The contractor should have the experience of successfully completed a work of Design,
Supply, Installation, Testing and Commissioning of SDH based digital transmission system
during the last 7 years (ending last day of the month previous to the one in each tenders are
invited).
AND
(b) The contractor should have experience of successfully completed a work of Design, Supply,
Installation, Testing and Commissioning of any one of the other sub systems during the last 7
years (ending last day of the month previous to the one in each tenders are invited).
The other sub systems are i. Automatic Telephone Switching system, ii. Centralised
Passenger Information system, iii. Signal Post Telephone system, iv. Centralised Public
Address system, v. Centralised Clock system, vi.. Centralised CCTV and SCADA systems and
vii. STAR & SPOT systems.
In this case, the aggregate value of the works should not be less than RM 8 million.
2.0 The average annual financial turnover during the last three years should be at least RM 8
million.
i. The financial turnover shall be judged from the Annual Report/Audited accounts including
profit and loss account.
ii. The bidder should submit copy of the Annual Report/ Audited Accounts including Profit and
Loss Account in reference to Sl. No. 2 above for the last three years.
3.0 The Contractor should have positive networth. This will be judged from the audited Balance
Sheet of the last financial year ending on a date not prior to 18 months from the due date of
submission of the tender.
4.0 The contractor should submit performance certificates in reference to S.No.1 above from
clients for having successfully completed similar works in the last 7 years.
5.0 There should not be any unsatisfactory performance report of the Contractor from any source.
SN Description Maximum
Marks
Registration of Company, Partnership Deed, Article of
1
Association, Registration under Labour Law, registration under
Sales Tax Act. Registration with CIDB, PKK and Bumiputra 5
participation etc.
The contractors should pass in all items of “Essential Qualifying Criteria” and should obtain
minimum 60 marks out of the 100 of “Other Qualifying Criteria” to get technical qualification.
Tenderer(s) shall note that a minimum Bumiputra participation of Thirty five (35%)
percent of Tender value is Mandatory
Tenderer(s) may please note that their offers will be evaluated as per the
credentials/documents attached by the tenderer(s) along with the tender.
INSTRUCTIONS TO TENDERERS
INSTRUCTIONS TO TENDERERS
A. INTRODUCTION
1.0 General
1.1 Name of the Work: As indicated in ‘Appendix to Tender’.
1.2 A bidder in the capacity of Individual or Sole Proprietor, Partnership firm, Joint
Venture (JV) or Company can participate in the tender and the bidder must
forward copies of the constitution of its firm such as partnership deed, Joint
Venture Agreement, Memorandum & Articles of Association, etc. along with a
copy of valid Power of Attorney of authorised signatory.
In case, a bid is submitted by a Joint Venture the following requirements shall be
complied:
(a) Joint Venture of only two firms shall be permitted for joint venture/consortium
partner for a tender. The joint venture/consortium company may also have
partners on MOU (memorandum of Understanding) based on sub-systems if
required and the copy of the MOU to be submitted along with offer. This/These
MOU, in case of award of work shall be translated into agreement binding both
the parties for successful completion of work and these documents have to be
produced by the lead partner of the JV/Consortium within 21 days from the date
of issue of “letter of Acceptance” by IRCON. The lead partner of the project shall
be responsible for complete interfacing of all sub systems & integration with CTC
system along with the proper documents attached with their offer for the tender.
(b) One of the partners shall be nominated as a lead partner. The authorization
shall be submitted by way of Power of Attorney. Power of Attorney in this regard
shall be signed by legally authorized signatories of both the firms.
(c) Whereas the Joint Venture (along with partners on MOU basis, if any) have to
collectively satisfy the qualifying criteria given in Annexure-I.
(d) The lead partner shall be authorized to incur liabilities and receive instructions
for and on behalf of both partners of the Joint Venture and the execution of the
contract. The payments shall be made in the name of Joint Venture.
(e) Both partners of the Joint Venture shall be liable jointly and severally for the
execution of the contract in accordance with the contract terms, and a statement
to this effect shall be included in the Power of Attorney mentioned under (b)
above, as well as in the Joint Venture Agreement.
(f) A copy of the Joint Venture/Consortium agreement entered into by the partners
shall be submitted with the tender. The Joint Venture/Consortium agreement
should precisely indicate the LEAD PARTNER and the responsibility of all the
members of Joint Venture in respect of planning, construction, Interfacing,
Testing, Commissioning and Integration to CTC at KL and supply of equipment,
key personnel, work execution and financing of the project. This should not be
varied/ modified subsequently without prior approval of the Employer/ Engineer.
(g) Once the tender is submitted, the MOU shall not be modified/altered/terminated
during the validity of the tender. In case tenderer fails to observe/comply with
this stipulation, the full Earnest Money Deposit (EMD) shall be forfeited.
3.1 The rates shall be offered in the enclosed “Price Schedule”. The rates shall include
cost of all activities, labour, materials, transportation, machinery/ equipments, tools
& tackles, insurance (as applicable) etc. along with all taxes, duties, etc. (not
limited only to Custom Duties, Port dues & Charges, Warfage dues, pilotage fees,
anchorage, berthage and mooring fee, quarantive dues, loading porterage etc.) as
applicable in Malaysia as per the descriptions in scope of work & Price Schedule.
The rates offered for any item shall be inclusive of all general & preliminary works
required, preliminary & incidental expenses, Quality Control and Quality
Assurance, Compliance to Environmental Impact Assessment (EIA)/
Environmental Management Plan (EMP)/ Safety requirement, in connection with
the relevant item/ work.
4. Form of Bid
5. Additional Special Conditions of Contract
6. Technical Clarification and Request For Clarifications
7. KTMB’s observations on bid submitted by Ircon and Ircon’s remarks
thereon
8. SON for Communication work
9. General Requirements for Communication works
10. Technical Specifications
11. Price Schedule
12. Conceptual Drawing for Communication and Signaling along with
alignment
13. Client Documents (COC, SPCOC, ITC) – (under Main Contract )
4.2 The bidder is expected to examine all instructions, terms, conditions, forms,
specifications and other information in the bidding documents. Failure to furnish all
information required by the bidding documents or submission of a bid not
substantially responsive to the bidding documents in every respect will be at the
bidders’ risk and may result in rejection of his bid.
C. PREPARATION OF BIDS
7.0 Language of Bid
7.1 The bid prepared by the bidder and all documents related to the bid shall be
written in English.
7.2 Contract Sum
7.2.1 The bidder based on clause 6.0 above, shall make his own assessment of
quantities and fill up the same in the “Price Schedule”.
7.2.2 The Contract Sum is firm and fixed lump sum price for the Contract Works and
shall not be subject to adjustment or recalculation should the actual quantities of
work materials supplied differ from any estimate used by the bidder in the Contract
Sum.
7.2.3 The Contract Sum shall be inclusive of all work, material and expenditure whether
temporary or permanent, foreseen or unforeseen which will be either
indispensably necessary in any event to complete the Works.
8.2 Bidder shall quote price/ rate for all the items of Price Schedule. While filling up the
rates in the Price Schedule, bidder shall ensure that there is no discrepancy in the
rates and amounts. In case of any discrepancy, the unit rate mentioned in the
respective column for rate and the amount mentioned for lump-sum items shall be
taken as final and binding.
8.3 The bidder shall not make any addition or alteration in bid documents. The bidder
should fill in the requisite details wherever required in the documents. Incomplete
bid or bid not submitted as per instructions is liable to be rejected.
8.4 Any overwriting, erasures or cancellations shall only be valid, if they are initialed
by the signatory(ies) to the bid.
9.0 Deviations
9.1 The bidder should clearly read and understand all the terms and conditions,
specifications, drawings, etc. mentioned in the original bid documents. If the bidder
has any observations, the same may be indicated in his forwarding letter along
with the bid. The bidder is advised not to make any corrections, additions or
alterations in the original bid documents. If bidder makes any correction in his own
entries the same shall be initialed and stamped by him. If this condition is not
complied with, bid is liable to be rejected.
• The EMD shall be valid for not less than 90 days from the date of opening
of Tender.
• Cash remittances will not be accepted as EMD.
• Cheque, war bonds, Govt. Promissory notes and cash certificates will not
be accepted as EMD.
• Tender submitted with Earnest Money in any form other than those
specified above shall not be considered.
• Any request for recovery from outstanding bills for Earnest money against
present tender will not be entertained. Tender submitted with Earnest
Money in any form other than those specified above shall not be
considered.
No interest shall be paid on Earnest Money Deposit in case the same is deposited
in the form of Pay order/Demand draft.
11.2 Forfeiture of Earnest Money:
11.2.1 The Earnest Money of the tenderer shall be forfeited if he withdraws his tender
during the period of tender validity specified in the “Appendix to Tender” or
extended validity period as agreed to in writing by the tenderer.
11.2.2 The Earnest Money of the successful tenderer is liable to be forfeited if he fails to;
a. sign the Contract Agreement in accordance with the terms of the tender, or
b. furnish Performance Guarantee in accordance with the terms of the tender,
or
c. commence the work within the time period stipulated in the tender.
11.2.3 In case of forfeiture of EMD, the tenderer shall be debarred from bidding in case of
re-invitation of the tenders.
11.3 Return of Earnest Money:
11.3.1 The Earnest Money of the unsuccessful tenderers shall be discharged and
returned as promptly as possible.
11.3.2 The Earnest Money Deposit of the successful tenderer shall be dealt as under:
a. Earnest Money Whether in the form of Fixed Deposit Receipt(FDR) or in the
form of Demand Draft/Pay Order, the same shall be returned on receipt of
Performance Bank Guarantee for the value specified in Appendix to Tender,
which shall be valid up to 16th Aug. 2014 or extended period if any.
D. SUBMISSION OF BIDS
13.0 Deadline for submission of tender
13.1 The tender duly filled in must be received by Employer at the address specified not
later than the date and time mentioned in the “Notice Inviting Tender”.
13.2 Tender received later than the deadline prescribed for submission of Bid by
Employer is liable to be rejected.
13.3 Tenders brought to the office of Employer later than the deadline prescribed but
before the opening time mentioned in the bidding document shall be declared as
delayed tenders and may be considered by Employer and decided on its merits.
The decision of the Employer shall be final and binding on this case.
13.4 Any tender received after opening of the Bid shall be rejected and returned
unopened to the tenderer.
18.0 Negotiation
18.1 The Employer reserves the right to negotiate the offer submitted by the bidder to
withdraw certain conditions (if any) or to bring down the rates to a reasonable
level. The bidder must note that during negotiations rates of items of BOQ can only
be reduced and not increased by the bidder. In case the bidder introduces any new
condition or increases rates of any item of BOQ, his negotiated offer is liable to be
rejected and the original offer shall remain valid and binding on him.
18.2 Should IRCON decide to negotiate with a view to bring down the rates, the
tenderer called for negotiations should furnish the following form of declaration
before commencement of negotiations:
“I ____________________do declare that in the event of failure of contemplated
negotiations relating to Tender No. _______________ dated ______ my original
tender shall remain open for acceptance on its original terms and conditions.”
22.2 Letter of Acceptance after it is signed by the Contractor in token of his acceptance
shall constitute a legal and binding contract between Employer/Engineer and the
contractor till such time the contract agreement is signed.
APPENDIX TO TENDER
APPENDIX TO TENDER
S. ITEMS DESCRIPTIONS
NO.
1. Name of Work: Design, Engineering, Manufacture, Supply, Installation, Interfacing,
Integration, Testing and Commissioning of Communication & related
works for Electrified Double Track project between Seremban to
Gemas.
2. Scope of Work: 1. The works under the communication contract shall include
complete turnkey design, engineering, manufacture, supply,
delivery, installation, integration, interfacing, testing &
commissioning of modern reliable and proven Communication
systems & other related works for the operation of the Electrified
Double Track project between Seremban - Gemas. Provision of all
communication system at new CTC/Gemas along with up-
gradation / modification & integration of existing communication
system at CTC/KL Sentral are also covered under the Contract.
The Stations & Block sections covered under the scope of work
are as under :
m) IRCON shall make available one HDPE duct duly laid in cable
trough all along the section between Seremban to Gemas. In
the present tender, the scope of work involves blowing and
other associated works of OFC cable as per technical
requirement.
12. Date of Fifteen (15) days from the date of issue of Letter of Acceptance (LOA).
Commenceme
nt
13. Mobilisation NIL
Advance
14. Insurance Refer to Clause No. 11.0 of Conditions of Contract. The insurance
period shall be up to the defect liability period of the contract.
15. Minimum RM 200,000.00 (Ringgit Malaysia Two Hundred Thousands) up to first
Amount of four claims and thereafter RM 1,000,000.00 (Ringgit Malaysia One
Interim Million)
Payment
16. Currency of Ringgit Malaysia (RM) only
Payment
17. Taxes & Duties The rate shall include all taxes and duties applicable in Malaysia.
IRCON shall make all statutory deduction if so required as per Laws
applicable in Malaysia.
18. Measurement a. Measurement of quantity executed by you will be taken within
of Works & 15 days after certificate of work by KTMB. or its representative.
Payment
Terms b. IRCON will make payment within 45 days on submission of
your bill after the quantity measurement as per (a) above.
19. Defects Up to 16th August 2014 or extended period (if any).
Liability:
20. Liquidated and As per 14.0 of ASCOC.
Ascertained
Damages
FORM OF BID
FORM OF BID
To
IRCON INTERNATIONAL LIMITED
Block-3A, Level-9, PLAZA SENTRAL,
KL SENTRAL, 50470 KUALA LUMPUR
Dear Sir,
I/ We hereby declare that we have visited the site of the work and have made ourselves
fully conversant of the conditions therein and including the topography of area, soil strata at
site of work, sources and availability of construction materials, rates of construction
materials, water, electricity, all local taxes, duties, royalties, octrois etc., availability of local
labour (both skilled and unskilled), relevant labour rates and labour laws, the existing road
and approaches to the site of work, requirements for further service roads/ approaches to
be constructed by me/ us, the availability and rates of private land etc. that may be required
by me / us for various purposes, climatic conditions, law and order situation and availability
of working days.
I/ We have quoted our rates for various items in the Price Schedule taking into account all
the above factors and We offer to do the work
“_____________________________________________” (Name of the work) at the rates
quoted in the attached Price Schedule and hereby bind ourselves to complete the work in
all respects within time schedule depicted in tender documents from the date of issue of
letter of acceptance of tender.
Thanking you,
Yours Faithfully,
Signature_____________ in capacity of____________ duly authorised to sign bids for and
on behalf of:_________________________________________________________ (In
Block capital letters)
ANNEXURE - I
A. Essential Qualifying Criteria
1.0 The contractor should have the experience of successfully completed a work of Design,
Supply, Installation, Testing and Commissioning of SDH based digital transmission system and
minimum any one of the other sub systems costing not less than RM 6 million during the last 7
years (ending last day of the month previous to the one in each tenders are invited).
The other sub systems are i. Automatic Telephone Switching system, ii. Centralised
Passenger Information system, iii. Signal Post Telephone system, iv. Centralised Public
Address system, v. Centralised Clock system, vi.. Centralised CCTV and SCADA systems and
vii. STAR & SPOT systems.
OR
(a) The contractor should have the experience of successfully completed a work of Design,
Supply, Installation, Testing and Commissioning of SDH based digital transmission system
during the last 7 years (ending last day of the month previous to the one in each tenders are
invited).
AND
(b) The contractor should have experience of successfully completed a work of Design, Supply,
Installation, Testing and Commissioning of any one of the other sub systems during the last 7
years (ending last day of the month previous to the one in each tenders are invited).
The other sub systems are i. Automatic Telephone Switching system, ii. Centralised
Passenger Information system, iii. Signal Post Telephone system, iv. Centralised Public
Address system, v. Centralised Clock system, vi.. Centralised CCTV and SCADA systems and
vii. STAR & SPOT systems.
In this case, the aggregate value of the works should not be less than RM 8 million.
2.0 The average annual financial turnover during the last three years should be at least RM 8
million.
i. The financial turnover shall be judged from the Annual Report/Audited accounts including
profit and loss account.
ii. The bidder should submit copy of the Annual Report/ Audited Accounts including Profit and
Loss Account in reference to Sl. No. 2 above for the last three years.
3.0 The Contractor should have positive networth. This will be judged from the audited Balance
Sheet of the last financial year ending on a date not prior to 18 months from the due date of
submission of the tender.
4.0 The contractor should submit performance certificates in reference to S.No.1 above from
clients for having successfully completed similar works in the last 7 years.
5.0 There should not be any unsatisfactory performance report of the Contractor from any source.
SN Description Maximum
Marks
Registration of Company, Partnership Deed, Article of
1
Association, Registration under Labour Law, registration under
Sales Tax Act. Registration with CIDB, PKK and Bumiputra 5
participation etc.
The contractors should pass in all items of “Essential Qualifying Criteria” and
should obtain minimum 60 marks out of the 100 of “Other Qualifying Criteria” to get
technical qualification.
Tenderer(s) may please note that their offers will be evaluated as per the
credentials/documents attached by the tenderer(s) along with the tender.
ANNEXURE – II A
5. Sales Tax/ Works Contract Tax/ Service Tax Registration Certificate (as
applicable), CIDB Registration, PKK Registration, and PKK/MoF Bumiputra valid
Certificate..
6. Annual Turn Over as per ANNEXURE – II B along with Proof of Annual Turnover.
8. Details of Plant and Machinery (in working conditions) owned and proposed to be
deployed as per ANNEXURE – II D
13. Audited Balance Sheet to verify the qualifying criteria like turnover etc. for the last
three years.
17. Bill of Quantity without price in the Price Schedule format enclosed with this tender
document
ANNEXURE – II B
TURNOVER
SL. FINANCIAL
NO. YEAR (RM)
IN CASE OF IN CASE OF JV
INDIVIDUAL
FIRM
LEAD PARTNER OTHER TOTAL
PARTNER
1.
2.
3.
• The bidder should submit copy of the Annual Report/ Audited Accounts including
Profit and Loss Account to substantiate the information above for the last three
years.
ANNEXURE – II C
To qualify, the Applicants shall be required to pass the following specified information
out in
cable
form,
Appli
this
set
as
to
inform
releva
other
ation
Any
nt
Penalt
impos
ed for
delay
y , if
any
dela
Rea
son
any
ys,
for
if
compl
Value
Work
(RM)
eted
of
Comp
Actua
letion
Date
of
l
Stipul
Comp
letion
Date
ated
of
Work
Awar
Date
d of
of
Contr
No. &
Date
act
Employer
with Tel,
Address
Fax Nos
Name &
of the
Descrip
tion of
Work
S.N
o.
• Please attach completion certificates for the works satisfactorily completed issued
by Client/ Employer.
• In case of joint venture, all the partners’ information is to be submitted separately.
ANNEXURE – II D
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
ANNEXURE – II E
1.
2.
3.
4.
5.
6.
7.
8.
10.
11.
• The bidder shall indicate the essential basic manpower, which the Contractor must
own. It is entirely the responsibility of the Contractor to deploy sufficient manpower
to ensure compliance with his obligations under the Contract.
ANNEXURE – III
BUMIPUTRA PARTICIPATION DETAILS
• Bidder shall note that a minimum of Bumiputra participation of Thirty five (35%)
percent of contract value is Mandatory.
ADDITIONAL SPECIAL
CONDITIONS OF CONTRACT
4.1.1
The contractor’s obligations include supply and Delivery of all the required
Goods, whether imported components or Local supplies up to IRCON’s Ware
house at Seremban/Tampin/Gemas, as required for execution of the project,
which shall include proper Liasoning with Customs authorities and Customs
6.1 SUPPLY
6.1.1 All taxes, duties, including Customs Duty, Income Tax, Value Added Tax,
Sales Tax, etc., levied by the authorities of the
Seller’s/Supplier’s/Manufacturer’s country in connection with the performance
of the Contract shall be borne by the Contractor.
All taxes and duties, levied on Imported components and Local supply
6.1.2 components by the authorities of the Buyer’s country in connection with the
performance of the Contract shall be borne by the Contractor.
service tax, Sales tax, works contract tax etc., the Contractor shall consider the
same while quoting his rates. Similarly the Contractor shall ensure that
whenever any benefits are available under Sales tax/Works contract tax,
Service tax etc., these shall be considered while quoting the rates.
7.0 DELIVERY SCHEDULE
8.1 SUPPLY
8.1.1 The Contractor shall supply the Materials Goods as defined in Clause 4.0 in
strict conformance and in all respect with the provisions of the Contract and
the specification.
8.1.3 During the continuance of the Contract, the Contractor shall arrange to supply
all the Goods in accordance to the mutually agreed rate as communicated in
LOA, subject to the Terms and conditions of the Contract.
In the event that the Contractor at any stage of this Contract is unable to
8.1.4 perform any of its obligations on the Terms of this Contract, after 60 days
notification from the Buyer i.e. IRCON, the Buyer shall be entitled to have the
right to enter into another Contract with third party to fulfill the said obligation.
8.1.5 The Contractor shall ensure that the items supplied to the Buyer shall fully
comply with the TECHNICAL SPECIFICATIONS ( as enclosed). Contractor
shall ensure that the Goods supplied shall be accepted by Keretapi Tanah
Melayu Berhad (KTMB), Malaysia ( “ Client “ ).
8.1.6 The Contractor shall also assist the Buyer i.e. IRCON to complete and submit
all necessary documentation required by the Client for any arrangement.
8.2.1 The Contractor shall supply the Goods in accordance with the technical
specification enclosed in the tender documents.
8.3.1 Successful bidder will be required to submit Design, drawings, Procedures &
method statement, Maintenance manuals (which shall be used for the purpose
of the project) etc., within the target indicated in the Master Implementation
programme (MIP).
8.4 INSPECTION
8.4.1 The Buyer under his nominees (hereinafter referred as “ Inspecting Engineer” )
at his own cost, shall have the unrestricted rights of inspection of the Goods.
For this purpose the Contractor shall arrange through Manufacturer/Supplier to
provide free access for the Inspecting Engineer to visit the factory,
manufacturing units of the Goods, to inspect the materials used, to inspect
manufacturing process & quality of the materials and ascertain the Goods are
being manufactured in accordance with the specification. The inspecting
engineer shall issue certificate before any of Goods are shipped ex-factory. If
the Inspecting Engineer does not inspect the Goods within 30 days after the
Contractor’s request for inspection and shipping advice, it is deemed to waive
off the right of inspection by the Buyer / Inspecting Engineer.
8.4.4 One complete item of equipment of each type and rating supplied under this
contract shall be subjected to type tests at Contractor’s cost as specified in the
specification and the relevant standards. If the contractor can supply certified
copies of type test certificates covering equipment of similar design, rating and
construction the employer may waive such tests entirely.
The Contractor, confirming with the Manufacturer/Supplier shall submit the
8.4.5 Inspection and Testing Plan (ITP) {outline of the procedures and tests it plans
to demonstrate fulfillment of the requirements specified in detailed technical
specification} within 30 days of the issue of LOA and a testing schedule at
least 45 days prior to carrying out of such tests so that the Inspecting
Engineer/s may witness the tests. The Inspecting Engineer/s will participate in
testing at works of the equipment Manufacturer/Supplier
The Contractor and the Buyer shall agree that the inspection at the factory by
8.4.7 the Inspecting Engineer will be carried out in accordance to their program to
be mutually agreed upon.
Notwithstanding the above, the Buyer reserves the right to waive the
inspections and it is responsibility of the Contractor through
8.4.8 Manufacturer/Supplier to ensure that the Goods are manufactured in
accordance with the specification as per Clause 8.2 herein above.
8.5 ACCEPTANCE
8.5.1 The Inspecting Engineer shall have the power to reject the whole or part of the
Goods if it does not confirm to the specification.
8.5.3 In case of failure of any test the contactor shall not be entitled to any payment
or to any extension of time.
8.5.4 The Goods upon being delivered on board ship; the Inspecting Engineer shall,
at the choice and cost of the Buyer examine the same to ascertain the Goods
have not been damaged in transit ex- works, and if found to be in a satisfactory
condition the Inspecting Engineer shall then issue a Pre-Shipment Certificate.
8.6 GUARANTEE
8.6.3 The Contractor shall guarantee all components of the Goods supplied against
failure in service on account of faulty material or workmanship & quality of the
component consistent with minimum design standards which shall be effective
for the duration of 5 (five years) commencing from the date of issuance of
Practical completion Certificate. Components which fail in service during this
period shall be replaced by the Contractor free of cost.
8.7 Deleted
10.1 The Contractor shall provide all necessary technical support for maintenance
of the new system within the project area and rectify and make good at his
own cost any defect/deficiencies which may develop in the work or as notified
by the Employer/Engineer during Defect Liability Period as specified in the
Appendix to Tender.
11.0 INSURANCE
11.1 In case of supply of imported components, the contractor shall provide
insurance coverage for 110% of the total value of the supply. All insurance
charges from the point of delivery up to IRCON’s Ware house shall be borne
by the Contractor.
11.2 Contractor’s All Risk Policy (CAR) has been taken by IRCON. The add on
covers, extension, exclusion, excess, deductibles etc mentioned in the policy
should be taken into consideration by the Contractor. Any additional insurance
cover or risk which is not covered under Insurance Policy taken by IRCON
and/ or exclusion, excess, deductibles etc under the said policy shall be on
your account and should be taken into consideration by the contractor (you) in
their price. IRCON shall not be responsible for any compensation to the
Contractor.
11.3 Contractor’s claims, if any, shall be entertained within the scope of Insurance
policy taken by IRCON. IRCON will not be responsible except providing
necessary assistance to the contractor in claim settlement with insurance
company within the Policy frame work.
13.1.1 The rates entered in the accepted Price Schedule of the Contract, shall be all-
inclusive and provide for works duly and properly completed in accordance
with terms and conditions of the Contract and processes as mentioned in
specifications and drawings (including revised drawings), relevant codes
whether mentioned or not in the nomenclature of the item in Price Schedule.
All rates quoted in the tender shall also deemed to include the followings
except specifically provided otherwise in the Contract:
• All materials, labour, tools and plant, stores, centering, shuttering, etc.
• Construction/Erection removal of all temporary works.
• All watching, lighting, pumping and draining unless otherwise provided
for.
• All barriers and arrangements for safety of the property, utilities, public
or employees/workers during the execution of works.
• All sanitary and medical arrangements for labour camps.
• The setting out of all works of construction, repair and up-keep of all,
reference markings etc.
• Site clearance except specifically provided otherwise in the Contract.
13.1.2 Nothing extra shall be payable over the quoted rates, except as specifically
provided in the Contract.
13.1.3 All rates quoted in the Price Schedule shall be deemed to be inclusive of all
types of direct and indirect taxes imposed by Central/State Govt. and local
bodies such as excise duty, sales tax, value added tax (VAT), Works contract
tax, Service tax, royalties, duties, Cess, octroi and other levies as applicable
and also include all import duties. The rates shall also be inclusive of all taxes,
duties and other charges imposed outside the country on the production,
manufacture, sale and transport of the Contractor’s equipment, plant, materials
and supplies to be used on or furnished under the contract and on the services
performed under the contract. No additional amount shall be paid or claim be
entertained on this account by Employer/Engineer.
13.1.4 The Contractor shall bear the cost of all royalties, fees and other payments in
respect of patents, patents right and license(s) which may be payable to
patentee, licensee or other person or corporation and shall obtain all
necessary licenses/ permissions. In case of any breach (whether willfully or
inadvertently) by the Contractor of this provision, the Contractor shall
indemnify Employer, Engineer and their employees against all claims,
proceedings, damages, costs, charges, loss and liability which they or any of
them may sustain, incur or be put to by reason or in consequence directly or
indirectly of such breach and against payment of any royalties, damages or
other money which the Employer/Engineer may have to make to any persons
or pay in total to the patent rights in respect of the users of any machine,
instruments, process, articles matter or thing constructed, manufactured,
supplied or delivered by the Contractor under this contract.
13.3.2 The bidder shall indicate the quantities of various items in the given price
schedule based on their design approach fully following tender requirements
and Malaysian railway practices.
13.3.3 Maximum value of work will be as indicated in LOA and no additional payment
will be made for any upwards revision in quantities actually required at the
project execution stage. It shall solely be the responsibility of the bidder to
methodically and meticulously workout the quantities at tender submission
stage.
13.3.4 The cost quoted by bidder shall be inclusive of cost of documentation, training
and all types of tools, instruments, test units, test equipment, special tools,
plants & equipment etc.
Such variations in quantities shall be paid in the manner laid down below:
c) In case the variation is more than 25% in the Contract Sum, the rate of the
increased/decreased including the quantities shall be negotiated between the
Engineer and the Contractor. Provided further that for the Contract Sum
exceeding 25%, the Engineer shall have a right to get these executed from any
other agency or by his own labour, material and resources.
d) The above limit of variation shall not be applicable for small value items and
no negotiations for rates for such items shall be done. Small value items shall
be those items whose sum, starting from the lowest value item, is upto 2% of
the original contract value and shall be decided between the Engineer and the
Contractor.
LAD =
value of uncompleted portion of the work x Base Lending rate (BLR) per
diem
Contract period in days
14.3 Any delay and/or acceleration of Works against the Contractual Programs
14.4 Save for an event of Force Majeure, in the event of delay exceeding three (3)
months, the Buyer shall have the right to terminate the Contract without
prejudice to any other rights the Buyer may have under this contract.
A separate contractual agency has been fixed for shifting utilities. The
Communication contractor shall effectively liaise with Utility shifting contractor
so as to ensure that no disruptions to utilities take place.
The Contractor shall make good, at his own expense, any damage caused
solely by him to existing utilities to the complete satisfaction of and in
accordance with the instruction of the appropriate Authority or utility owner
concerned, and shall keep the Ircon indemnified at all times from all claims,
liabilities, costs and expenses which may be brought against or incurred by the
Government for or on account of any damage (whether permanent, temporary
or recurring) to the said utilities. Contractor is solely responsible in case any
penalty is levied by KTMB and or by any utility owner and will have provision
for payment on this account. IRCON is not responsible for any payment or
reimbursement in this case.
15.2 The Contractor shall have sufficient permanent officer’s liaisoing and
maintaining efficient working relationship with the Authorities/Parties to
expedite approvals.
16.2 It is also required that, the Bumiputra organization shall be from the list of
registered Contractors maintained by the Contractors Service Centre of the
Ministry of Entrepreneurial Development Malaysia or the list of registered
18.0 TRAINING
18.2 Training module shall include but not limited to imparting In-house training duly
supplying handouts and pamphlets on the relevant system equipment, on-job
training and field training at various stages which shall include during System
installation stage, Interfacing & Integration stage and Testing & Commissioning
stage.
18.4 PMC and other consultant staff including Employer staff nominated shall also
be provided same level of training for all purpose.
20.1 Measurements
20.1.1 The contract shall be on Design & Built basis and Turnkey in nature and thus
no extra payment shall be made for any additional item other than agreed at
the tender awarding stage. The extra payment would be applicable only if
there is any change in conceptual Communication and Signalling plans,
diagrams, layouts etc., requiring operation of additional quantities. The
contractor at such revision shall justify the variation in quantities, if any.
21.5 DOCUMENTS
The following documents shall be presented for payment of materials being
supplied.
Payment shall be made against the following documents:
a) 1 original and 4 copies of commercial Invoice signed by the Seller/Supplier;
b) 1 original and 4 copies of Packing List signed by the Seller/Supplier for
imported material if any ;
c) 3/3 (full set) original blank endorsed marked freight paid and shipped on
Board Bill of Lading for imported material if any; (Third party Bill Of Lading
is also acceptable for IRCON )
d) Certificate for Country of Origin (1+5 Copies) for imported material if any;
e) Inspection Clearance Certificates (1+5 Copies);
f) Drawings, Manuals (Operation and Maintenance) if any (1+5 Copies).
g) Certificate of “Receipt of material in good condition and as per
Specifications at Ircon’s Ware House/Depots”
(ii) Balance 20% payment of design item shall be released sub system wise
(b) Supply
(i) 80% of the supply value on submission of documents as detailed in para
21.1 herein above and against delivery of material at IRCON’s Ware house at
Seremban/Tampin/Gemas/Kuala Lumpur or any other place as advised by
Employer, as required for all the local supply materials and acceptance by
IRCON’s representative
(ii) 10% of the supply value for all items will become payable against complete
Installation duly certified by KTMB or representative.
(iii) Balance 10% of the supply value for all items will become payable against
successful Testing and Commissioning.
(c) Installation
(i) 90% payment on satisfactory installation of equipments,
(ii) 5% on testing, commissioning, interfacing & Integration of the new system
with the existing one.
(iii) Balance 5% on issuance of Completion certificate by KTMB.
21.6.3 No payment under the contract shall be made to the Contractor before receipt
of performance security. The Engineer shall also be entitled to withhold
payments under the above sub-clauses in case the Contractor fails to get
himself registered under service tax/ labour laws or fails to fulfill his obligation
under the contract.
The Contractor shall sign the Engineer’s copy of the Final Bill Account in token
of acceptance of the full and final value of the works performed under the
contract, and submit a “No Claim Certificate” on the prescribed proforma along
with a list of unsettled claims, if any. The Engineer shall then arrange to make
payment against the final bill. The Contractor shall not be entitled to make any
claim whatsoever arising out of this contract, nor shall Engineer entertain or
consider any such claim, if made by the Contractor after he shall have signed
a “No –Claim certificate” in favour of the Engineer. In case, the Contractor
submits a list of unsettled claims along with the “No Claim Certificate”, he shall
not be entitled to submit any additional claims other than those submitted
along with “No Claim Certificate”.
25.2 The contract shall not be considered as completed, until a Defect Liability
Certificate has been issued by the Engineer stating that the works have been
completed and maintained to his satisfaction. Defect Liability certificate shall
be issued by the Engineer, upon expiry of Defect Liability period or as soon
thereafter as any works ordered during such period, have been completed to
the satisfaction of the Engineer.
25.3 No certificate other than “Defect Liability Certificate” shall be deemed to
constitute final approval of the work or part of the work for which it is issued.
25.4 The contractor shall be fully responsible for maintenance of portion of work
undertaken by him till the time Certificate of Practical Completion is issued by
KTMB or their authorized representative. However, the 24 months
maintenance required to be done after issuance of Certificate of Practical
Completion would be undertaken by Ircon by deploying their manpower.
25.5 The manpower proposed to be kept by the bidder during the Defect Liability
Period should be clearly spelt out so as to maintain uninterrupted services.
27.2.2 The contractor shall design the system drawings in detail for the final objective
of the project as per the process followed by KTMB and Malaysian Standards.
The contractor shall submit the design/drawings together with justification and
calculations, if any, to the local design consultant at Malaysia, appointed by
Ircon for validation and chopping by the Government approved Design
Engineer for onward submission to Government Consultant for verification and
approval. The contractor shall have to co-ordinate at all stages of design
process in strictly adhering the process in vogue. The contractor shall also
amend/update the comments, if any, recorded by the Design Consultant/
Government Consultant, if agreeable and to achieve the final objective of the
project. Employer/ Engineer’s decision in this regards shall be final and binding
on the contractor.
28.2 If any part or item of the work is allowed to be carried out by a sub-Contractor,
the Engineer shall have power to secure the books of such sub-Contractor,
through the Contractor, and shall have power to examine and inspect the
same.
29.2.2 If the Contractor is not satisfied with the settlement by the Employer on any
matter in question, disputes or differences, the Contractor may refer to the
Managing Director of the Employer in writing to settle such disputes or
differences through Conciliation or Arbitration provided that the demand for
Conciliation or Arbitration shall specify the matters, which are in question or
subject of the disputes or differences as also the amount of claim, item wise.
Only such dispute(s) or difference(s) in respect of which the demand has been
made, together with counter claims of the Employer shall be referred to
Conciliator or Arbitrator as the case may be and other matters shall not be
included in the reference.
29.2.3 Managing Director of the Employer may himself act as Sole Conciliator/ Sole
Arbitrator or may at his option appoint another person as Sole Conciliator or
Sole Arbitrator, as the case may be. In case, Managing Director of the
Employer decides to appoint a Sole Conciliator/Sole Arbitrator, then a panel of
at least three names will be sent to the Contractor. Such persons may be
working/retired employees of the Employer who had not been connected with
the work. The Contractor shall suggest minimum two names out of this panel
for appointment of Sole Conciliator/ Sole Arbitrator. Managing Director of the
Employer will appoint Sole Conciliator/Sole Arbitrator out of the names agreed
by the Contractor.
29.2.4 In case, the Contractor opts for settlement of disputes through Conciliation at
first stage and if the efforts to resolve all or any of the disputes thorough
Conciliation fails, the Contractor may refer to the Managing Director of the
Employer for settlement of such disputes or differences through Arbitration.
The appointment of Sole Arbitrator shall be done by the Managing Director of
the Employer as per the procedure described above. No disputes or
differences shall be referred to Arbitration after expiry of 60 days from the date
of notification of failure of Conciliation.
29.2.8 The fees and other charges of the Conciliator/Arbitrator shall be as per the
scales fixed by the Employer and shall be shared equally between the
Employer and the Contractor.
32.1 Neither of the parties shall be liable for any delay or failure in the performance
of any of its obligations under the Contract to the extent that such delay or
failure is caused by Force Majeure. Force Majeure shall mean any event or
circumstances beyond the reasonable control of the party whose obligation it
affects that renders due performance of an obligation under the Contract illegal
or impractical including but not limited to decree or restraint of any
government, act of God, strikes, war, riot, civil commotion, fire, explosion,
flood, sabotage, blockade or embargo.
32.2 If either of the parties of the contract be prevented from executing the Contract
by such cases of Force Majeure, the prevented party shall notify the other
party by fax or telex within fourteen (14) days thereafter send by registered
airmail to the other party for his examination and confirmation a certificate
issued by the competent authority as evidence thereof.
32.3 If the effects of the Force Majeure continue for more than one hundred and
twenty (120) consecutive days, both parties shall settle the problem of further
execution of the Contract through friendly negotiation and reach an agreement
as soon as possible.
33.0 SECRECY
33.1 The contractor shall ensure that all the information is kept totally confidential in
connection with this bid and the contractor shall not disclose or divulge the
same to any unauthorized person failing which Employer/ Engineer reserve the
right to cancel the contract or cease further dealing with the contractor.
ANNEXURE-IV
To
AND WHEREAS it has been stipulated by you in the said Contract that the
contractor shall furnish you with a Bank Guarantee by a scheduled bank for the
sum specified therein as security for compliance with his obligations in accordance
with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to
you, on behalf of the Contractor, up to a total of ______________________
[amount of Guarantee], ____________________________________________
[amount in words], such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, and we undertake to pay you,
upon your first written demand and without cavil or argument, any sum or sums
within the limits of _______________ [amount of Guarantee] as aforesaid without
your needing to prove or to show grounds or reasons for your demand for the sum
specified therein.
We hereby waive the necessity of your demanding the said debt from the
Contractor before presenting us with the demand.
Contd.P/2
PAGE:-2
This bank guarantee shall be irrevocable and shall remain in force till the end of
defect liability period as defined in the contract provisions.
This guarantee shall be valid up to 16th August 2014 or extended period (if any)
unless there is any deduction for or on account of, any present or future taxes,
duties, charges, fees, withholdings of any nature whatsoever.
This Bank Guarantee shall be governed by and construct in accordance with the
laws of Malaysia.
In the presence of :-
Witness
Annexure –V
SIGNATURE:
NAME:
Contractor Seal: