DESIGN, CONSTRUCTION, COMPLETION, TESTING, COMMISSIONING AND MAINTENANCE OF
EMU DEPOT AT SEREMBAN
TABLE OF CONTENTS FOR INSTRUCTIONS TO TENDERER
CLAUSE
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DESCRIPTION INTRODUCTION TENDER PROPOSAL STATUS OF TENDERER PERFORMANCE BONDIADVANCE PAYMENT. TRAFFIC FLOW INSURANCES SERVICES STANDARDS CURRENCY GOVERNMENT POLICIES TENDERER'S CONSULTANT CORRESPONDENCE DOCUMENTS FOR INFORMATION ONLY CONDITIONS OF TENDER PROCEDURE FOR PREPARATION OF TENDER SUBMISSION OF TENDER TENDER EVALUATION SIGNING OF CONTRACT BRIBERY DUTY COMPLIANCE WITH LOCAL AUTHORITIES AND RELEVANT AUTHORITIES' REQUIREMENTS DESIGN GUARANTEE

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RAIL TRANSPORTATION RECRUITMENT FOR EMPLOYMENT MAINTENANCE ADVERTISEMENT AND PUBLICITY

TABLE OF APPENDICES TO INSTRUCTIONS TO TENDERERS
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FORM OF ACKNOWLEDGEMENT OF TENDER DOCUMENTS CONFIRMATION OF COMPLIANCE
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APPENDICES APPENDIX 1 APPENDIX 2 APPENDIX 3 APPENDIX 4 APPENDIX 5 APPENDIX 6 APPENDIX 7 APPENDIX 8 APPENDIX 9 APPENDIX 10 APPENDIX 11 APPENDIX 12

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FORM OF NON COLLUSION CERTIFICATE BANK GUARANTEE AGAINST ADVANCE PAYMENT (WORKS) BANK GUARANTEE FORM FOR PERFORMANCE BOND (WORKS) SITE VISIT CONFIRMATION FORM REQUEST FOR CLARIFICATION FORM CHECKLIST OF INFORMATION FOR MANDATORY REQUIREMENTS CHECKLIST OF INFORMATION FOR COMMERCIAL PROPOSAL CHECKLIST OF INFORMATION FOR TECHNICAL PROPOSALS COMPLIANCE CLAUSE BY CLAUSE (COMMERCIAL) COMPLIANCE CLAUSE BY CLAUSE (TECHNICAL)

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Special Conditions of Contract Letter of Acceptance of Tender Form of Agreement Statement of Needs Contract Sum Analysis and Summary Schedules of Rates Schedule of Payment Technical Specifications Drawings The whole of the Works set forth in the Tender Document exhibited on the Tender Table (hereinafter referred to as the "Tender Table Documents") will be carried out on Contract. TESTING.0 INTRODUCTION 1.0 TENDER PROPOSAL 2. Form of Tender. all of which shall form the Tender Documents.INSTRUCTION TO TENDERERS INSTRUCTIONS TO TENDERERS 1. COMPLETION. CONSTRUCTION. lnstructions to Tenderers and Appendices.2 The whole of the Works shall be completed within FOURTEEN (14) MONTHS from the Date of Site Possession. This lnstructions to Tenderers (ITT). 2.2 Scope of Works 2. Statement of Needs. machineries. scaffolding. Drawings and Appendices. Fixed Lump Sum Price. The Tender Documents consists of Form of Tender. Technical Specifications. design. 2. CONSTRUCTION. professional services. 2. Special Conditions of Con'tract. labour. Schedules of lnformation for Technical Proposal General Conditions of Contract. Schedules of lnformation for Commercial Proposal. soil investigations.2. Drawings and the Technical Specifications. COMPLETION AND COMMISSIONING OF EMU DEPOT AT SEREMBAN . It shall be carried out on a Design and Build basis. shall form part of the Contract and shall be used by the Tenderer as a basis for the preparation and submission of the Tender Proposal.2. TESTING. and General Condition of Contract. The term 'Tender Documents' shall mean as follows. COMMISSIONING AND MAINTENANCE OF EMU DEPOT AT SEREMBAN (hereinafter referred to the Works).2. which shall be strictly complied with.1 The Scope of Works to be carried out under this Contract shall include the survey.1 General This Tender is for the DESIGN.1 Issue of Tender Documents Two (2) complete sets of the Tender Documents shall be issued to the Tenderers to enable them to prepare the Tender Proposals. plants. Contract Sum Analysis. Tender Information. COMMISSIONING AND MAINTENANCE OF EMU DEPOT AT SEREMBAN complete with all the necessary infrastructure and services. COMPLETION. and as laid out in the Statement of Needs. CONSTRUCTION. tools. 2.3 The Tenderer is to make provision to be at his own risks and cost of all materials. construction to completion and maintenance over a specified period of DESIGN. transport and everything else Page 1 of 28 DESIGN.

1.3 Confirmation of Compliance.2. 2.INSTRUCTION TO TENDERERS necessary for the survey.4 Programme and Methods of Construction The Tenderer shall submit with his offer the draft programme and method statement for this Works. Certified photocopies of registration certificates of Tenderers and Subcontractors shall be submitted with the Tender bid. a Statement indicating the extent of compliance of his Tender with the Technical Specifications together with documentary evidence enabling KTWIB to ascertain the extent of such compliance.1.1.1.2 Experience of Tenderer Tenderers shall have previously executed and provide details of works of similar nature and size which they have successfully completed and shall furnish all information requested in the Schedules of Information as the Tenderer's evidence that they are technically and financially capable of executing the Works 3.1 STATUS OF TENDERER Tenderer's Entity 3. The name and registered address of each Consortium or Joint Venture member.2 Proposal from Consortium or Joint Ventures Consortiums or joint venture shall be allowed to participate in the Tender. Tenderers are required to furnish all information asked for in the Schedules of Information for Technical and Commercial Proposal and shall be submitted with the Tender bid. construction and maintenance of the Works during construction and including all works that have been specified in the Statement of Needs. The Tenderer shall provide if he so wish. 3.0 3. The Tenderer shall fill in the form of Confirmation of Compliance as per Appendix 2 of the ITT. 3. COMPLETION AND COMMISSIONING OF EMU DEPOT AT SEREMBAN .1 Status of Tenderer Tenderers shall be Malaysian companies registered with the Pusat Khidmat Kontraktor (PKK). ii.1 A certified true copy of the Consortium or Joint Venture Agreement shall be submitted with the Tender Proposal and shall have information comprising. These are mandatory requirements and Tender from parties who do not fulfil these requirements shall be disqualified. The said registration shall be under Class A under Head I. 3. Ministry of Works and Construction Industry Development Board of Malaysia (CIDB). It is important that the Tenderer demonstrates how he can complete the Works within the stipulated completion dates as entered into the Form of Tender. design. The Tender submission including the Technical Specification will then become the liability of the Tenderer. The Technical Specification is for information only. soil investigations. Tenderers are strictly prohibited from enticing andlor recruiting any personlpersons currently under the employment of KTMB to be under their employment for this project. In this respect Liquidated and Ascertained Damages shall be imposed for any delay in completing his Work on time. Page 2 of 28 DESIGN. 3. 3. The name of the Consortium or Joint Venture. Sub-heads 1 and Sub-head 8.4 The Tenderer shall take into consideration all other items not expressly stated herein but required to complete the works as specified in the Documents. CONSTRUCTION.2. but not limited to the following: i.

including a certified declaration by the partners stating that they consider themselves jointly and severally responsible for all obligation of the proposal and any Contract subsequently entered into. 3. CONSTRUCTION. The Tender by a group of two or more firms forming a Joint Venture or Consortium must be signed by each firm and satisfactory proof furnished with the Tender that one person is authorised to act for all. In the case of persons they shall confirm that they will be jointly and severally responsible for all the obligations of the Tender and any Contract entered into. the status and responsibility of the other company shall be clearly stated and in the event that no such notification is given such other company shall be deemed to be a sub-contractor and shall not be a party to the Contract. The contractual responsibility and liability of each member to the Consortium or Joint Venture which shall be reflected in the Project Organisation Chart. The Tenderer shall be deemed to have read DESIGN. The Tender by corporations must be signed with the legal name of the President. v. followed by the name and designation of the person signing. 3. The name and responsibility of the Consortium or Joint Venture leader who shall be one of the member companies. or authorised person. The law governing the agreement which shall spell out the method of settlement of disputes in respect of the Consortium or Joint Venture Agreement.any substitution of the representative(s) which shall solely be the responsibility of the Tenderer Proposing Entity to inform the Government. The letter of appointment of the Consortium or Joint Venture representative(s) who shall be an officer of the member companies who shall be authorised to act for and on behalf of the Consortium or Joint Venture upon the award of the Contract. including a certified document giving proof of its authority entered into. iv.INSTRUCTIONTO TENDERERS iii. If the Tenderer proposes to associate with an affiliated or non-affiliated company for the purpose of executing the Works. Secretary.3 Authorised Signatory The Tender shall be signed by representative(s) authorised to act on behalf of the Tenderer proposing Entity. 3. address (es) of the place of business of the person or persons making the Tender Proposal and must be signed with its or their usual signature. The validity period of the Consortium or Joint Venture Agreement. Chairman. vi. 3. COMPLETION AND COMMISSIONING OF EMU DEPOT AT SEREMBAN Page 3 of 28 .4 Confidentiality All parts of the Tender Documents together with any addenda shall remain the property of the Government and is given to the Tenderer solely for the purpose of the preparation and submission of a Tender. shall be duly signed by authorised representatives of each member of the Consortium or Joint Venture and included in the Tender Proposal. A Power of Attorney in favour of the authorised representative(s) shall be submitted together with the Tender Proposal and at such other time on the notification of. followed by the name and designation of the person signing. The Tender Proposal by partnership must contain the full name and address of the place of business of each of the partners and must be signed with the partnership named by ar! authorised representative. All of the members of a Joint Venture or Consortium shall be jointly and severally responsible for all obligations of the Tender and any Contract entered into. in the format as per APPENDIX 3 of the ITT. where applicable. iii.5 Signing of Tender Document i. ii.6 Non-Collusion Agreement The Non-Collusion Certificate. The Tender shall be signed by a person or persons and shall contain the full name(s). iv.

v. COMPLETION AND COMMISSIONING OF EMU DEPOT AT SEREMBAN Page 4 of 28 . Only guarantees given by Banks approved by the Government shall be acceptable. If the Contractor fails to execute the Contract or commits any breach of these obligations under the Contract. The Tenderer shall note and comply with the Date of Completion for the Works in full together with the associated facilities and payment of Liquidated and Ascertained Damages as per General Conditions of Contract. Ministry of Finance.INSTRUCTION TO TENDERERS and understood the contents of the Certificate and shall fully comply with the conditions therein. The Contract Sum submitted by the Tenderer shall be on a cash basis and shall be inclusive of all costs of whatever nature. DESIGN. then all clauses relevant to the requirement of Performance Bond shall be deemed not applicable.000.1 i.0 PERFORMANCE BONDIADVANCE PAYMENT.00) whichever is lower for qualified Tenderer and subject to the current Surat Pekeliling Perbendaharaan dan Arahan Perbendaharaan.O. a) Performance Bond The successful Tenderer shall furnish a Performance Bond by way of an irrevocable and unconditional first call Bank Guarantee payable to the Government. ii.000. 5 Tahun 2007. The Tenderer shall propose a Schedule for interim Payments and the basis for the said schedule of payment. the Government or the Superintending Officer (S. If the option b) is approved by the Government. The original Bond shall be equivalent to 5% (five percent) of the aggregate of the Contract Sum and shall be in a format as per APPENDIX 5 of the I T . The value of the Performance Guarantee Money shall be five (5) percent of the total Contract price.2 The Tenderer may choose to comply with any of the following requirement and to indicate as such in the Letter of Acceptance.) on his behalf may utilise and make payments out of or deduct from the said Performance Bond. The Tenderer shall note that there is provision for an Advance Payment amounting to 25% (twenty five percent) of the Contract Sum and up to a maximum of Ringgit Malaysia:Ten lVlillion Only (RM10. iv. All Tenderers are required to take note and comply with all the following conditions: 4. Malaysia and shall be in a format as per APPENDIX 4 of the ITT. iii. b) Performance Guarantee Money The Government has made provision whereby a Performance Guarantee Money (Wang Jaminan Perlaksanaan) can be considered for approval by the Government in lieu of and to comply with the Performance Bond requirement. CONSTRUCTION. Deductions shall be made by an amount of ten (10) percent of the first interim progress payment and from subsequent progress payments until the amount reaches five (5) percent of the total Contract price as per Surat Pekeliling Perbendaharaan Bil. plant and materials. The Tenderer shall note that there is no provision with regards to fluctuations in foreign currency exchange rates and increased costs of labour. 4. The Performance Bond (or any balance thereof remaining of the credit of the Contractor) shall be released or refunded to the Contractor on the completion of making good of all defects or other faults which may appear during the Defects Liability Period and upon the issue of the Certificate of Completion of Making Good Defects for the whole of the Works. The original Bond shall be submitted prior to the commencement of any work. 4.

0 STANDARDS The Tenderer is required to comply with the Standards or Codes of Practice stipulated in the General Condition of Contract and Technical Specifications. but not limited to: DESIGN. All materials to be supplied shall be in accordance with appropriate lnternational Standard Organisation (ISO). 7.g. COMPLETION AND COMMISSIONING OF EMU DEPOT AT SEREMBAN Page 5 of 28 . 25kV electrification system and Fiberail cables within the Site which may materially affect the Contract execution. Automatic Train Protection equipment.000. unless specifically stated otherwise herein. The Contractor is required to comply with any Traffic Control Management provisions as set out by the relevant authorities and KTMB. mains. cables.INSTRUCTION TO TENDERERS 5. The Contractor's attention is also drawn to the provisions of the Conditions of Contract which permit the Government to suspend the Works in the event that these provisions are not strictly complied with. He may. The successful Contractor shall liase with the respective Service Departments for temporary works required to maintain the existing service facilities without interruption during the course of the Works. 8.0 SERVICES The Tenderer's attention is also drawn to the presence of any services. CONSTRUCTION. All payments under the Contract shall be made in Ringgit Malaysia (RM) only.00). 6.0 GOVERNMENT POLICIES The Tenderer in preparing and submitting his Tender Proposal shall take into account and incorporate all the prevailing Government Policies as listed below. International Railway Standards (UIC). 10. signal and communication cables.0 INSURANCES The Tenderer's attention is drawn to the provisions of the Clauses of the General Conditions of Contract regarding the Project lnsurance and the Contractor's lnsurance respectively. pipes. 9.0 CURRENCY The Tenderer shall submit the Tender fully priced in Ringgit Malaysia (RM) only. costs of deductibles etc. The Contractor is required to arrange and purchase his own insurance for covering the risks as mentioned in APPENDIX 1 of the General Conditions of Contract and the risk of loss or damage to the Works arising from defective design and damage to principal existing property at minimum amount covered of Ringgit Malaysia: One Hundred Thousand Only (RM100. at his own discretion wish to effect other insurance policies to cover other associated risks (e.) from approved insurance companies. Malaysian Standards (MS) or any other internationally approved standards.0 TRAFFIC FLOW The Tenderer's attention is drawn to the requirements to maintain existing traffic flows on existing public roads and existing railway tracks. or permanently resite the same at his own cost.

COMPLETION AND COMMISSIONING OF EMU DEPOT AT SEREMBAN Page 6 of 28 . All Malaysian Sub-contractors shall be registered with Pusat Khidmat Kontraktor (PKK). The Works for use in KTMB's Track shall fulfill the requirements of ACT514 of the Occupational Safety and Health 1994. The Tenderer shall submit to the Government for approval an authenticated copy of the Bumiputra Contractor's current documentation of registration by Pusat Khidrnat Kontraktor (PKK). Ministry of Works and Construction lndustry Development Board of Malaysia (CIDB) and be eligible to carry out the sub-contract works in accordance to the Class heading of their registration. b. 10c. penalty andlor rejection of supplied material shall be imposed. all insurances and freight shall be arranged by the Contractor. unloading.f. details of any local manufacturing that will be carried out in connection with this Contract. transport and other handling works for local materials required for the execution of works shall be borne by the Contractor.3 Not withstanding the above. Occupational Safety and Health f.2 Product that are not listed shall be considered for used if the products have been tested and certified by IKRAM QA Services Sdn Bhd or SlRlM QA Services Sdn Bhd whichever is relevant. The Contractor shall allow in his tender all costs and time required in complying with the requirements of this clause including the cost required for the services provided by the MTO.0 to conduct testing with other agencies. Usage of Malaysian Shipping Lines and Insurance Companies The Tenderer shall provide. all insurances and freight shall be arranged by the Contractor through the Government's Multi Modal Transport Operators (MTO).l Cost of all insurance. For imported items which shall be purchased Free On Board (FOB). Local Manufacturing e. Bumiputra Participation The Tenderer shall include. Ministry of Works and Construction Industry Development Board of Malaysia (CIDB). DESIGN.2 For imported items which shal be purchased Free On Board (FOB). CONSTRUCTION. Malaysian Subcontractor and Suppliers c. 10c.7 Tahun 2002 shall govern. Tenderers shall note that Treasury Circular Surat Pekeliling Perbendaharaan Bi1. 10c. 10f. if applicable. the Tenderer shall apply subject to approval by S.INSTRUCTION TO TENOERERS a. Local Products d. if applicable. 10.l The Tenderer shall utilise local products as listed in the list of Locally Manufactured Construction MaterialIProduct by IKRAM QA Services Sdn Bhd andlor SlRlM QA Services Sdn Bhd whichever is relevant. In event that the Tenderer did not conform to this requirement after the Letter of Acceptance has been issued. Any part or parts of the Works to be sub-letted to Malaysian Contractors and suppliers shall be identified by the Tenderer in the Tender.lf testing cannot be done by IKRAM QA Services Sdn Bhd or SlRlM QA Services Sdn Bhd. loading. full particulars of those Burniputra who presently have and control of the Minimum Participation together with the percentage of the Minimum Participation owned and controlled by a Burniputra Contractor.

port dues and charges including.0 TENDERER'S CONSULTANT The Tenderer shall submit a complete list of Malaysian Consultants to be employed for the project stating their job category and their obligations. pilotage fees. anchorage. plant. 6 Tahun1996 and Surat Pekeliling Perbendaharaan Bil. COMPLETION AND COMMISSIONING OF EMU DEPOT AT SEREMBAN Page 7 of 28 . Tenderers shall note that Surat Pekeliling Perbendaharaan Bil. vehicles and machineries that are necessary to be imported into Malaysia by FOB for the purpose of this Contract shall be arranged by the Contractor. equipment. The Tenderer's Consultants shall employ permanent representatives at the Site to manage and ensure the Works meet the Specifications during construction and to coordinate and supervise operations of KTMB's on track machineries and ballast trains. DESIGN. loading porterage and overtime fees for construction plant and materials for use directly in the construction and maintenance of the Works brought into and despatched from Malaysia by the Contractor.6 All imported items shall be transported directly from the port of loading of the country where the purchases are made to any ports or airports in Malaysia which are the port of discharge before being transported to its final destination in Malaysia. 10f.INSTRUCTION TO TENDERERS 10f.7 Not withstanding the above. CONSTRUCTION. The Tenderer is to note that the appointment and involvement of Tenderer's Consultant must be from the Design. quarantine dues.4 The cost for insurance and freight for imported items from the Port of Loading of the country where the purchases are made to the site of works shall be paid for by the Contractor. The Tenderer's Consultants shall take full responsibility and liability in the design and the execution of the Works. Thus all cost of imported items shall be priced by the Tenderer in his Tender as FOB. Supervision and Contract Management stage of the project and preparation of As-Built Drawings and Engineering Reports. 7 Tahun1998 shall govern. These Consultants shall be registered with their respective Malaysian Boards. Sales tax and import duties of imported items shall be priced in Contract Sum Analysis separately . 10f. 11. his servants or agents on his behalf.3 All construction materials. The Tenderer's attention is also drawn to the fact that he shall not employ any other professional (other than those named in the Proposal) without prior consent of the Government. 10f. but not limited to. wharfage dues. 10f. berthage and mooring fees.5 The Contractor shall pay all taxes. The Tenderer is also to take note that the Government reserves the right to have payment made directly to Contractor's Consultant as specified in Clause 5A of the Special Conditions of Contract. through any of the MTO registered with Ministry of Finance under code 221 109 .

CONSTRUCTION.0 PROCEDURE FOR PREPARATION OF TENDER Examination of Tender Documents The Tenderer shall acknowledge receipt of the Tender Documents at the time of receipt of the Documents as per form in APPENDIX Iof the ITT. r All measurements and quantities are to be expressed in units of the metric system. on behalf of the Government as published in Advertisements of Tender. works or materials are not covered by the Specifications. are to the best of the Government's knowledge and belief sound. qualifications. inaccuracy.INSTRUCTION TO TENDERERS 12. It shall be the responsibility of the Tenderer to check that the Documents received are the exact copy of and conform to the Tender Table Documents. information and other materials supplied by the Government to the Tenderer. Contract and all matters accompanying the ~ e n d eare to be either in the English language or Bahasa Malaysia. 14.0 CORRESPONDENCE AND MEASUREMENT All correspondence in connection with the Tender. This clause shall apply equally irrespective of whether the Tenderer is required to return the Tender Document or where the Tender has been rejected in accordance with the conditions as stipulated in the Instruction to Tenderers and the Tender Document. 15.2 Site Visit A compulsory site visit and briefing of the tender shall be arranged and conducted by KTM Berhad.1 15. It shall be the Tenderer's sole responsibility to verify their accuracy and sufficiency. insufficiency. right to use patents. permits.0 DOCUMENTS FOR INFORMATION ONLY Documents marked "FOR INFORMATION ONLY" (if any) given to the Tenderer do not form part of the Tender Documents. 15. All documents. The Specifications submitted by the Tenderer shall not relieve the Tenderer from his obligation to comply with the best relevant standards and good practices. DESIGN. he shall propose his own Specifications. omissions or error of judgement contained therein. including Local Authorities and the relevant approving authorities. 13. The Specifications provided for might not cover all the Works relevant to this project. KTMB's Rules and Regulations and the current construction practices in Malaysia. COMPLETION AND COMMISSIONING OF EMU DEPOT AT SEREMBAN Page 8 of 28 . Where the Tenderer's proposed design. Failure to check shall be solely at the Tenderer's own risk. The Tenderer shall be deemed to be familiar with all the relevant laws. and other statutory and legal approvals for the performance of the Works. The Government does not and will not accept any liability whatsoever for any error. The Tenderer shall be solely responsible for obtaining all necessary licenses. by-laws and regulations. and The Government shall not be bound to inform the Tenderer of the reason or reasons for or the details of the selection of the Tender. ii) The Tenderer shall totally bear all costs incurred by him in connection with the preparation and submission of the Tender Proposal.0 CONDI'TIONS OF TENDER The Tenderer's receipt of the Tender Documents is conditional upon the Tenderer's acceptance of the condition that the Government's decision on the selection of the Tender Proposal shall be final and the Tenderer shall agree that : i) The Government shall not be bound to award the Contract to the Tenderer having the lowest price or lowest Contract Sum Analysis or any proposal.

All correspondence in connection with the Tender Documents shall be made and directed to as follows: General Manager Project Management Division. visit and inspect the Site and shall be responsible for obtaining all information which shall be considered necessary for the preparation of the Tender. Jalan Sultan Hishamuddin. First Floor. the existing works. weather conditions. Any clarifications shall be directed to the General Manager of Project Management Division. 50621 Kuala Lumpur. it shall be the sole responsibility of the Tenderer to apply in writing to the Government's Representative. and the Tenderer shall make use of and interpret the same entirely on his own responsibility. it shall be the sole responsibility of the Tenderer to scrutinise such copies and satisfy himself that there are exact copies of those included in the Tender Table Documents. at his request. cost and expenses however caused. 15.2263 1370 Fax number: 03 . Any clarification of the Tender Documents resulting from the above such queries shall NOT be interpreted as modifications or amendments to the Tender Documents. KTMB as stated in para 15. damage. but for the execution of such permission.3 Clarification of Tender Documents In the event of any Tenderer being supplied. loss of or damage to property and any other losses. The Government gives no warranty for the information. CONSTRUCTION. A site visit confirmation sheet as per APPENDIX 6 of the ITT shall be filled up and returned by all Tenderers together with the Tender Proposal. the nature of the soil and strata in or on which the Works are to be constructed. Any modifications or amendments to the Tender Documents shall be made only by an Addendum or Addenda which shall form part of the Contract Document. which. Any reply Government's Representative may make to such appl~cation shall be by way of Tender Addendum which will be sent to all Tenderers. In the event of any difference or discrepancies being found between any such copies supplied to the Tenderer and those included in the Tender Table Documents or between any documents included therein. issued to all Tenderers. would not have occurred. the position of the Works in relation to the Site and the surroundings. Tel number: 03 . the availability of materials. means of access. 15. not later than fourteen (14) days before the final date fixed in the Tender Notice for the submission of Tenders. contingencies and other circumstances which may influence or affect his Tender Proposal and to have taken the same into consideration and made adequate allowance thereof in his Tender. services. Keretapi Tanah Melayu Berhad Corporate Headquarters. The Tenderer and any of his personnel or agents. the boundaries. the extent.4. modifications or extensions to the original documents that they contain. and in general shall satisfy himself and obtain all necessary information as to the risks. COMPLETION AND COMMISSIONING OF EMU DEPOT AT SEREMBAN Page 9 of 28 . buildings and structures.2710 5725 DESIGN. Such Tender Addendum shall become part of the Tender Documents and Tenders received will be deemed to have been based on the explanations. i. squatters. Any information forwarded by the Government shall not relieve the Tenderer of his obligation under the provision in this Clause.INSTRUCTION TO TENDERERS The Tenderer shall at his own expense before submitting their Tender Proposal. The Tenderer shall be deemed to have satisfied himself as to the nature of the Site. upon entering the Site shall release and indemnify the Government against all liability in respect thereof and shall be responsible for personnel injury (whether fatal or otherwise).4 Correspondence During Tender Period. the nature and practicability of the Works.(i) of the ITT. to have the difference or discrepancy rectified. with copies of any of the Tender documents. either as to the accuracy or sufficiency as to how the same should be interpreted.

INSTRUCTION TO TENDERERS ii. the Tenderer shall set forth such doubt or obscurity in writing and submit the same to the General Manager of Project Management Division. CONSTRUCTION. 2. Any correction shall each be made clearly and initialled by each of the authorised representatives. .0 SUBMISSION OF TENDER 16. COMPLETION AND COMMISSIONING OF EMU DEPOT AT SEREMBAN Page 10 of 28 .1 Form of Tender The Form of Tender shall be signed by the Tenderer or by an authorised representative of each member of the Consortium or Joint Venture and submit together with the Tender Proposal. v. using the form as per APPENDIX 7 of the ITT not later than fourteen (14) days from the Tender Submission Date. All correspondence may be sent by hand or by post. iii. Any information or decision given by any other KTMB employees except for the General Manager of Project Management Division shall be considered as null and void and has no significance to this contract. Tenderers are NOT allowed to have any correspondence with any other KTMB employees in reference to the tender.2 Covering Letter and Comments The covering letter accompanying the Tender Proposal submitted to the Government. All correspondence by facsimile shall only be considered as an intention of the Tenderer to write to the Government upon which the Government shall take note and prepare the answers but shall not reply thereto until the original written correspondence has been received by the Government. shall not duplicate anything already included in the Tender. AddendumIAddenda: AddendumlAddenda to the Tender Document may be issued to all Tenderers not later than one (1) week before the Tender Submission Date for the purpose of amending or clarifying the Tender Documents. iv. The reply by the Government shall be in the form of an Addendum or Addenda and the Addendum or Addenda shall form part of the Contract Document. There shall not be any changes made to the Form of Tender which on its completion shall include the Lump Sum and the appropriate signatories._ 16. although it may be used for general amplification of matters included therein where necessary. DESIGN. 16. (i) Above. It shall provide the registered business name of the Tenderer or each member of the Consortium or Joint Venture. 16.4. The Government however shall not be responsible for non-receipt of any correspondence sent by post either registered or othetwise. but shall take the form of a separate statement included in the covering letter and shall be as brief as possible and referenced to items. No unauthorised alteration or addition shall be made to the Form of Tender or any other Tender Documents.3 Submission of Tender Proposal The Tenderer shall submit the Tender Proposal in three separate sealed sub-packages. KTMB as stated in para 15. 1. clauses and pages of the attached Tender Proposal. One for the MANDATORY REQUIREMENTS One for the COMMERCIAL PROPOSAL One for the TECHNICAL PROPOSAL 3. Any comments which the Tenderer desire to make shall not be included in the Tender Proposal. Should there be any doubt or obscurity in the meaning of_any-of_the_Tender_Documents-or as-to-what-has-to be-done or not to be done or as to any other matter.

4. bearing no indication of the identity of the Tenderer. 11. if the signatory other than Chief Executive Officer (CEO) of Managing Director (MD) Form of Acknowledgement of Tender Documents as per APPENDIX 1 of the ITT. Tenderers are to confirm the items enclosed by ticking or writing "yes" in the provided column of the checklist. DESIGN. the original shall govern. . which shall contain the name of the Consortium or Joint Venture and the name of the leading partner and member companies. COMPLETION AND COMMISSIONING OF EMU DEPOT AT SEREMBAN Page 11 of 28 . iv. Refer to APPENDIX 8 of the ITT. 16.4 16. (* delete where not applicable) - - The proposals shall be clearly marked 'ORIGINAL' or 'COPY'. - 16. In the event of discrepancy between the original and the copy. 'Power of Attorney' affidavits together with Agreement of Association and any other documents necessary to authenticate its Tender Proposal. 111.INSTRUCTION TO TENDERERS These three separate documents shall not be bound together as one package proposal.3 Commercial Proposal The Tenderer shall submit the following information as COMPULSORY together with the Tender Proposal.1 In the case of the Tender not being delivered by hand. The cover of each sub-package shall be endorsed on the outside as follows: "CONFIDENTIAL TENDER (MANDATORY REQUIREMENT I COMMERCIAL I TECHNICAL)*. The original cover letter signed by the Tenderer or the authorized representative of each member of the Consortium or Joint Venture. THIS TENDER IS FOR DESIGN. 16.4. CONSTRUCTION. Each sub-package shall comprise one (1) original and one ( copy and must be submitted I ) for each sub-package separately in a plain sealed cover.4. List of documents contained in the Tender Proposal and Index of the contents therein. 9 and 10 of the l1T. and failure to comply shall render the Tender to be disqualified. Failure to comply shall render the Tender to be disqualified: I. CONSTRUCTION.. COMPLETION.. the Tenderer shall arrange for his Tender and other documents to be posted in time to reach the stipulated place not later than the stipulated time. COMMISSIONING AND MAINTENANCE OF EMU DEPOT AT SEREMBAN. NOTE All Tenderers shall take notice that failure to comply with this Clause shall cause the Tender to be disqualified. TESTING.2 Mandatory Requirements Tenderers are to submit the following in a separate sealed envelope :A copy of the Company's account i) A copy of monthly Bank Statement ii) iii) A copy of BankIFinancial Institution Financial Report or Form CC Project Superintendent's Report (Form TFI) iv) General Background Information of the Tenderer (Form TB) '4 Tenderers who fail to produce the above required documents shall be disqualified. Information to be provided A checklist of information to be enclosed in the Tender is as per APPENDIX 8.

Method of Construction taking cognisance of the requirements contained in Statement of Needs or other technical information required. Failure to comply shall render the Tender to be disqualified: I. Clause by Clause Compliance to Instructions to Tenderers. Note: - Contractor's Name and Prices shall NOT appear in the Technical Proposal. 111. iv. CC. The Non-Collusion Certificate as per Clause 3. A comprehensive Schedule of Rates for all items stated in the Contract Sum Analysis and any other items that the Tenderer considers necessary and appropriate to be included. xi.. TI3 and TFI. xiv. xiii. xii. Schedule of Payment and Summary. CB. General Conditions of Contract. COMPLETION AND COMMISSIONING OF EMU DEPOT AT SEREMBAN Page 12 of 28 . vi. Form of Tender. 'Confirmation of Compliance' to all Instruction to Tenderers. Special Conditions of Contract and Technical Specifications as per Clause 3. The Tenderer shall be deemed to have read and understood the contents of the Certificate and shall fully comply with the conditions therein. TD. vii. v.4. DESIGN.1. Noncompliance will render the Tender invalid. Site visits Confirmation Form as per Clause 15. TG. vii. Priced Contract Sum Analysis. TH. which shall be in accordance with the Tenderer's Programme of Works with payment subject to the approval of the Government. where applicable. Proposal Programme covering the whole of the Contract Period and showing all Schedule Dates. ix. Forms TC.3 and APPENDIX 2 of the ITT. TA. CONSTRUCTION. List of drawings which the Tenderer will issue during the Contract Period and the order of issue of such together with a schedule of dates of proposed programme. Clause by Clause Compliance as per APPENDIX 12 of the ITT 11. and duly signed and witnessed. 16. vi. x. List of documents incorporated in the Technical Proposal and Index of the contents therein: Checklist as per APPENDIX 10 of the ITT duly filled by Tenderer. TE. Schedules of Information for the Technical Proposal i. Contract Sum Analysis. viii. Checklist as per APPENDIX 9 of the I-IT duly filled by Tenderer. General Conditions of Contract.. I .2 and APPENDIX 6 of the ITT. specifications and everything else necessary as specified in the Statement of Needs. TF. calculations.e. including all designs. Statement of Needs and Technical Specifications as per APPENDIX 11 of the ITT. plans. TI and TJ.INSTRUCTION TO TENDERERS v. Interim Payment Schedule.6 and APPENDIX 3 of the ITT. Schedule of Information for Commercial Proposal and to include Forms CA. Contract Sum Analysis and Technical Specifications in outline form.4 Technical Proposal The Tenderer shall submit the following information as COMPULSORY together with the Tender Proposal. The programme shall be in a format which takes cognisance of the requirements contained in the Statement of Needs in outline form. Special Conditions of Contract.

For the purpose of comparison of Tenders and acceptance of Tenders. 1st. the total amount of Tender (Tender Sum) shall be immutable.O. 50621 Kuala Lumpur. Tender Board Committee. by the Tenderer and columns added up to the exact total amount of Tender. date and time prior to the Tender Closing Date as stated in the Tender Notice advertisement. incorrect transference and discrepancies between rates and amounts and unrealistic rates are discovered in the Contract Sum Analysis. the following states shall be taken in order to rationalise the Contract Sum Analysis without altering the Tender sum. 16. DESIGN.O. the rate will be adjusted by the S. It is the responsibility of the Tenderer to ensure the whole of its Proposal is received by the Government at the proper location.6 Provisional Sum Not applicable.O. - - -- ii) 16. Where found unreasonable. Jalan Sultan Hishamuddin. for their reasonableness. Ministry of Transport. as appropriate. design and build basis. Other than expressly provided for in the General Conditions of Contract. no claim for additional sums or rerating of items or extension of time shall be entertained by the Government. in ink. Corporate Headquarters. Keretapi Tanah Melayu Berhad.um remains unaltered. 16.8 Tender Validity The Tender shall be valid for acceptance for a period of one hundred and eiqhty (180) days from the Date of Tender Submission. Tender Proposal shall be addressed and sent to: The Secretary. C/O General Manager Finance Division. Floor. errors such as addition mistakes. Every item must be legibly filled in.5 Quantities Measurement: The Works included in this Contract is on a fixed lump sum. The Government reserves the right to request for an extension of the validity period which when agreed by the Tenderer shall be at no cost to the Government.INSTRUCTION TO TENDERERS 16. A percentage correction shall be appl~edto the rates so that the Tendered S. The Contract Sum Analysis shall be used for pricing the Tender and the Tender shall be made on the basis of the rates and prices named in the priced Contract Sum Analysis being firm. i) The individual rates shall be examined by the S. and shall remain binding upon the Tenderer at any time until the expiration of that date. COMPLETION AND COMMISSIONING OF EMU DEPOT AT SEREMBAN Page 13 of 28 . CONSTRUCTION. If on examination by the S. The Tenderer must ensure that they receive an official receipt for the Tender Proposal submitted as the Government does not assume any responsibility for any documents which fail to arrive.. The Government shall not accept proof of posting as proof of receipt.7 Tender Submission Date The complete Tender Proposal received by the Government after the closing date shall not be considered.

38 and 39 of the General Conditions of Contract and Appendix 1 to the General Conditions of Contract.0 SIGNING OF CONTRACT Within fourteen (14) days of the issue of the Letter of Acceptance. a Parent Company Guarantee in a format--to be----agreed by the Government. Any contractor or supplier who makes a claim for payment in relation to this procurement although no work was carried out or no goods were supplied or no services rendered in accordance with the specifications and any member of the public service who certifies the claim commits an offence under the Anti-Corruption Act 1997. iv. 19. to undertake discussion with one or more Tenderer. solicit or receive any gratification to and from any person in connection with this procurement is a criminal offence under the Anti-Corruption Act 1997.0 19.0 17. and to accept that Proposal or modified Proposal which in its sole judgement will be the most advantageous to the Government. A duly registered and legalised Power of Attorney in favour of the signatory of the Contract if the latter is a person other than the signatory to the Proposal. price and other evaluation factors considered. 19. 18. the successful Tenderer shall submit: i ii. If any person offers or gives any gratification to any members of the public service. vi. the latter shall at the earliest opportunity thereafter lodge a report at the nearest office of the Anticorruption Agency or police station. disciplinary action against a member of the public service and blacklisting of the contractor or supplier may be taken if the parties are involved with any act of corruption under the Anti-Corruption Act 1997. Failure to do so is an offence under the Anti-corruption Act 1997. Where the Proposal is executing the Contract as a subsidiary. Following presentation and acceptance of these documents and upon receiving a request from the Government to do so. v. part or all of the Tender Proposal. Advance Payment Bond issued by Bank operating in Malaysia in the form as per APPENDIX 4 of the I T and in accordance with the General Conditions of Contract. A Performance Bond (if the option chosen by the Tenderer) equivalent to five percent (5%) of the Contract Sum issued by a first class Bank operating in Malaysia in the form as per APPENDIX 5 of the I T and in accordance with the General Conditions of Contract. 33. CONSTRUCTION.4 19. associated or affiliated company of a registered company.3 19.1 TENDER EVALUATION Government's Right The Government reserves the right to reject any.5 DESIGN. COMPLETION AND COMMISSIONING OF EMIJ DEPOT AT SEREMBAN Page 14 of 28 . Any act or attempt to corruptly offer or give.INSTRUCTION TO TENDERERS 17. the Contractor shall execute and sign the Contract at the Office of the Government.1 19. Without prejudice to any other actions. Insurances as stipulated in Clause 11.2 BRIBERY The offer of a bribe or other inducement to any person with the view to influence the placing of the Tender shall result in the instant rejection of the Tender. - iii.

0 ADVERTISEMENT AND PUBLICITY No information regarding this contract to be broadcast in any mass media or any advertisement unless submitted and approved by the Government.O.0 RAIL TRANSPORTATION Contractors are encouraged to utilise rail transportation to ferry related project materials to site. All Tenderers must be well versed with the current and relevant Surat Pekeliling Perbendaharaan and Arahan Perbendaharaan. 22. Malaysia. 26.0 COMPLIANCE WITH REQUIREMENTS LOCAL AUTHORITIES' AND RELEVANT AUTHORI'I'IES' Notwithstanding the provisions of the Clause of the Conditions of Contract and Statement of Needs.2 of General Conditions of Contract and shall be five (5) years commencing from the Certificate of Practical Completion ("the Design Guarantee Period").0 RECRUITMENT FOR EMPLOYMENT Tenderers are strictly prohibited from enticing andlor recruiting any personlpersons currently under the employment of KTMB to be under their employment for this project.INSTRUCTION TO TENDERERS 20. 25. Ministry of Finance. if required by the S. 23. All costs to comply with and provide such requirements shall be deemed to have been included in the Tender Proposal and the Contract Sum. 24.0 MAINTENANCE The Contractor shall provide comprehensive maintenance for the Works for a period of twenty four (24) months from date of Certificate of Practical Completion. the successful Tenderer is required to consult and seek the approval of Local Authorities and the relevant approving authorities prior to the actual execution of the Works at Site and to produce evidence of such approval. COMPLETION AND COMMISSIONING OF EMU DEPOT AT SEREMBAN Page 15 of 28 . 21. CONSTRUCTION.0 DUTY Tenderers are to note that Malaysia is not a duty free country and are to include in their Tender Proposal for all taxes and duties legally chargeable under Malaysian Law.0 DESIGN GUARANTEE - - .. - - --- Design Guarantee shall be as per Clause 14. DESIGN.

Tender Board Committee. CONSTRUCTION.1 and 16. Corporate Headquarters.INSTRUCTION TO TENDERERS APPENDIX 1 (Clause 2.. COMPLETION AND COMMISSIONING OF EMU DEPOT AT SEREMBAN Signed Designation Company : Date DESIGN. CONSTRUCTION. 50621 Kuala Lumpur. COMPLETION. Dear Sir. Floor. COMPI-ETION AND COMMISSIONING OF EMU DEPOT AT SEREMBAN Page 16 of 28 . CONSTRUCTION. Ministry of Transport. COMMISSIONING AND MAINTENANCE OF EMU DEPOT AT SEREMBAN - -- ---- -- We confirm receipt of two (2) sets of the Tender Documents for DESIGN.3(iv) of the ITT is referred) FORM OF ACKNOWLEDGEMENT OF TENDER DOCUMENTS To: The Secretary. DESIGN. TESTING. C/OFinance Department.4. lS' Keretapi Tanah Melayu Berhad. Jalan Sultan Hishamuddin.

.. Statement of Needs.............. CONSTRUCTION. Keretapi Tanah Melayu Berhad Jalan Sultan Hishamuddin 50621 Kuala Lumpur... Page 17 of 28 ... Address : .4....... TESTING........... Thank you .. Tenderer's Chop : Date : ....................... TENDER FOR DESIGN...3 of ITT............................. COMPLETION. .3(v) of the ITT is referred) (Tenderer's letterhead) Ref Date : The Secretary Tender Board Committee Ministry of Transport c/o Finance Department 1'' Floor.......................3 and 16.........INSTRUCTION TO TENDERERS APPENDIX 2 (Clause 3... Attached is the clause by clause compliance statement as per Appendix 11.. .....1........... Signature (TENDERER) Name : ......................................................... .................. COMMISSIONING AND ---MAINTENANCE OF EMU DEPOT AT SEREMBAN Confirmation of Compliance -- - -- With reference to the above we hereby confirm our compliance to all Instruction t o Tenderers.. Special Conditions of Contract and Technical Specifications as per Clause 3........ General Conditions of Contract.1................

the word "person" includes any persons or any body or association. and that we have not fixed or adjusted the amount of . we certify that this is a bona fide tender. COMMISSIONING AND MAINTENANCE OF EMU DEPOT AT SEREMBAN FORM OF NON-COLLUSION CERTIFICATE The essence of selective tendering is that the Employer shall receive bona fide competitive tenders from all those tendering.the tender by or under or in accordance with any agreement or arrangement with any other person. of*approximate amount of the tender was necessary to obtain insurance premium quotations required for the preparation of the tender.INSTRUCTION TO TENDERERS APPENDIX 3 (Clause 3.4. (b) (c) In this certificate.3(vi) of the ITT is referred) TENDER FOR THE DESIGN. Enter into any agreement or arrangement with any other person that he shall refrain from tendering or as to the amount of any tender to be submitted.- communicate to a person other than the person calling for those tenders the amount or approximate amount of the proposed tender. TESTING. and any agreement or arrangement includes any such transaction. corporate or unincorporated. offer or pay or give or agree to pay or give any sum of money or valuable consideration directly or indirectly to any person for doing or having done or having caused to be done in relation to any other tender or proposed tender for the said work act or thing of the sort described above.- . for and on behalf of [ Tenderer's Name ] Witnessed by: Name : Title : Date : Name : Title : Date : ' Page 18 of 28 .6 and 16. In recognition of this principle. We also certify that we have not done and we undertake that we will not do at any time before the hour and date specified for the return of the tender any of the following acts: (a) . except where the disclosure. intended to be competitive. COMPLETION. Yours faithfully. formal or informal and whether legally binding or not. CONSTRUCTION. in confidence.

................. in accordance with the terms and conditions of such formal contract.................... 3......... irrevocably undertake and guarantee to the Government that: 1.............. Designation: ......... and the acceptance thereof by the Government of Malaysia dated ........... for ....................... if any... 20 ........ Given under our hands this .............. 4........ Signed for and behalf of the Guarantor....... .... the sum of Ringgit Malaysia: ................................... Name: ..... The said sum which we guarantee to pay the Government shall be reduced automatically in proportion to deductions made by the Government out of the progress payments due to the Supplier for repayment of the advance payment so made...... made by the Government and accepted by the Supplier on .......calling for tenders by (herinafter called "the Supplier") dated the offer of ........ (herinafter called "the Supply")......... - We shall pay the Government free of interest...... day of ....................... (RM.. Provided that if a formal contract is drawn up subsequently........... the undersigned... at the request of the Supplier........l(ii) and 18........ Claim......... 2.................................................... WE.................... Subject to Clause 4......... performance or otherwise shall not discharge us from this Guarantee but we shall be entitled to be informed of such arrangements or alterations......12010 BANK GUARANTEE AGAINST ADVANCE PAYMENT (WORKS) IN consideration of the Government of Malaysia (herinafter called "the Government") having agreed to make advance payment in accordance with terms and conditions of the contract formed pursuant to a tender advertisement made by the Government dated ...0(iv) of the ITT is referred) CONTRACT NO: KPIKTMI............... time............. or such part thereof as shall not have already been recovered by the Government pursuant to Clause 3 or 4 hereof and such sum shall be paid on the Governments demand not withstanding any contestation or protest by the Supplier or by ourselves or by other third party................................ and subject to such new terms and conditions....................... if any..................................... must be received by the Guarantor within the period of Guarantee..... (RM .. This Guarantee will expire at the end of one calendar year after the completion date of for the Supply as stated in the contract or any authorised extension thereof after the determination of the contract whichever is the earlier..................... Designation: Page 19 of 28 ... ) shall be automatically reduced by the amount or amounts of any payments made by us to the Government in respect of this Guarantee...... ..... 5........................... or after the expiry of the period mentioned in Clause 5.......INSTRUCTION TO TENDERERS APPENDIX 4 (Clause 4........ Name: ....... Any concession or indulgence given by the Government to the Supplier or any agreement between the Government and the Supp!ier or any alteration in the obligation undertaken by the Supplier or forbearance given by the Government to the Supplier whether as to payment..... Banker's Chop: In the presence of: .... our responsibility for paying the said sum Ringgit Malaysia: ................................. This Guarantee shall be cancelled immediately after the whole of the advance payment have been realised through payments by us or through deductions made out of the progress payments due to the Supplier...) the advance payment-mentionedabove representing fifteen percent (25%) of the value of the said contract sum.. whichever is earlier....................

.......................................................... 20.state the amount of bond ( in words) (RM ............ (hereinafter referred to as "the Contractor ") to .........) and the total amount recoverable against the Guarantor under this Agreement shall not exceed the said sum................... Provided always that the total of all demands so made shall not exceed the sum of Ringgit Malaysia ..... ) WE............. - Now the Guarantor hereby agrees with the Government as follows:I....... ) and our liability of the Guarantor to pay the Government the aforesaid shall correspondingly be reduced proportionate to any payment of partial demands having made by the Guarantor...... (state the amount in words) (RM: .................. Page 20 of 28 ............................... (insert name of Bank) of........... (State title of the Project) for a Contract Sum of Ringgit Malaysia: ........................................................................................................................................................0(iii) of the ITT is referred) BANK GUARANTEE FORlVl FOR PERFORMANCE BOND (WORKS) ...................................... the undersigned at the request of the Contractor irrevocably undertake a guarantee to the Government that:.......... (insert principal address of business of Bank) (herein after called the "Guarantor " ) of the one Part and Government of Malaysia (hereinafter called the "Government " ) of the other Part)....... II................ the Guarantor shall forthwith pay to the Government the amount specified in such demands not withstanding any contestation or protest by the Contractor or Guarantor or by any other third party and without proof or conditions..................................................... BETWEEN... ( state the amount of bond in words) (RM................................................................................................................................................................................................... The Guarantor has agreed the due performance of the Contract in the manner hereinafter appearing..............2(a) and 18................. WHEREAS 1.........................................................day of THIS AGREEMENT is made the ... 2.................................................... On the Government's first written demand....APPENDIX 5 (Clause 4. In consideration of the Government allowing ............. The Government 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 Ringgit Malaysia ...............................................

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3(vii) of the ITT is referred) SITE VISIT CONFIRMATION FORM To: Secretary. Tender Committee. 50621 Kuala Lumpur. Keretapi Tanah Melayu Berhad. hereby confirm that we have visited and examined the site and surrounding areas. The definitions in the Tender Document shall apply mutatis mutandis herein. - DESIGN. COMPLETION.-- we. We have also taken all other measures to satisfy ourselves as to the requirement of the Tender and the Contract.4. COMMISSIONING AND MAINTENANCE -OF EMU DEPOT AT SEREMBAN . Signed Designation Company : Date Page 22 of 28 . C/OFinance Department. Jalan Sultan Hishamuddin. We understand the full nature and scope for the Works which we are required to perform and the various peculiarities of the site which are likely to influence the costs of and the time period necessary for implementation of the Contract.APPENDIX 6 (Clause 15. TESTING. Corporate Headquarters. CONSTRUCTION. Dear Sir.2 and 16. First Floor.

COMMISSIONING AND COMMISSIONING OF EMlJ DEPOT AT SEREMBAN REQUEST FOR CLARIFICATION TENDERER CLARIFICATION NO SUBJECT REFERENCE CLAUSE ----- TENDERER'STEMEN : Date : GOVERNMENT'S RESPONSE Date : Page 23 of 28 . TESTING.4 (iv) of the ITT is referred) DESIGN. COMPLETION. CONSTRUCTION.APPENDIX 7 (Clause 15.

Signature (Tenderer) ~enderer's Chop : ....~~ .......... - 1 A copy of Bank IFinancial Institution Financial Report or Form CC Form TFI Eorm-TB I -----~~ - Project S..KTMB/TC/... MANDATORY REQUIREMENTS I ITEM I DESCRIPTION 1.~... ....... -. ( ENCLOSED 1 i A copy of the Company's account A copy of monthly Bank Statement 2..O...I2010 A....'s Report - p6..4...2 of the ITT is referred) CHECKLIST OF INFORMATION FOR MANDATORY REQUIREMENTS Tender No.. 5. Date : Page 24 of 28 ..APPENDIX 8 (Clause 16... I I 3.. - - - - - ~ Tenderers who fail to produce the above required documents shall be disqualified....

Statement of Needs..0 Form of Tender - -- ~ I -- - - ' Signature (Tenderer) Tenderer's Chop : .. General Conditions of Contract and Technical Specifications as per Append~x11..... 8. 4.- 1 - - - Cover letter bearing the Tenderer's legal name and address attached to the COMMERCIAL PROPOSAL of the Tender Documents.........0 The Non-Collusion Certificate as set out in Apendix 3 of lnstruction to -Tenderer..4..1 and 16. All documents shall be bound together and no loose I documents will be accepted.__ -_ -.. COMMERCIAL PROPOSAL ITEM 1........0 Form of Acknowledgementof Tender Documents as per Appendix 1 of lnstruction of Tenderer...5..0 Confirmation of Compliance as per Appendix 2 and Clause by Clause Compliance to all lnstruction to Tenderer. Date : ...0 Programme of Works..0 Schedule of Information for the Commercial Proposal...KTMB/TC/.. 6..0 ( 'Power of Attorney' affidavits together with Agreement of Association and any other documents necessary to authenticate its Tender Proposal.0 List of all documents incorporated in the Commercial Proposal and Index of the contents therein.3 (xiii) of the ITT is referred) CHECKLIST OF INFORMATION FOR COMMERCIAL PROPOSAL Tender No..... (a) I Form CA (b) Form CB (C ) Form CC (d) Form TA (e) FormTB (f) . 3...0 DESCRIPTION ' ENCLOSED YESIN0 .0 All pages with regards to Contract Sum Analysis for all items and summary with endorsement on each page by the Tenderer......APPENDIX 9 (Clause 16.. 9. A comprehensive Schedule of Rates for all items stated In the Contract Sum Analysis and any other items the Tenderer considers necessary to include 7'0 and shall be endorsed on each page by the Tenderer... 11. Page 25 of 28 ...12010 B........ Form TF1 10...4.... 2.....

I2010 C.0 7. which the Tender will issue during th econtract Period 1 .~and~the~othec~of-issue-of-such. List of documents incorporated in the Technical Proposal and index of the contents therein.3 of the I-m: (a) (b) NO PRICE SHALL APPEAR IN THE TECHNICAL PROPOSAL. All documents shall be bound together and no loose documents will be accepted.4..0 Other technical information required. plans.. THE NAME AND IDENTITY OF THE TENDERER SHALL NOT BE IDENTIFIED ANYWHERE IN THE TECHNICAL PROPOSAL.0 (a) Proposal Programme covering the whole of the Contract Period and showing all Schedule Dates. layout. including all desigrls. Page 26 of 28 . Statement of Needs.0 4. TECHNICAL PROPOSAL ITEM DESCRIPTION ENCLOSED YESlNO 1.4. 3. )~ - Note : Tenderer's attention is drawn to the following of clause 16. General Conditions of Contract and Technical Specifications as per Appendix 12.APPENDIX 10 (Clause 16..0 6.KTMBTTCI.. Schedule of Information for the Technical Proposal.0 5. - 1 List of drawings.1 and 16.4(vi) of the ITT is referred) CHECKLIST OF INFORMATION FOR TECHNICAL PROPOSAL Tender No. specifications and everything else necessary as 1 specified in statements of Needs and ~echnical-specifications. la) 1 Form TC Form TD (b) ( c ) Form TE Form TF (d) Form TG (e) (9 Form TH Form TI (g) Form TJ (h) I 1 .together-with-aSchedule-of-dates~-----Confirmation of Compliance and Clause by Clause Compliance to all Instruction to Tenderer.. . calculations.

.3 (xiv) of the ITT is referred) COMPLIANCE CLAUSE BY CLAUSE Tenderer are to state Compliance Clause by Clause on the Instruction to Tenderer.. Note: Page 27 of 28 ........ 1 SECTIONS I CLAUSE NO.. Tenderer's Chop : Date : .. Tenderer's to provide additional pages if necessary..4....... Statement of Needs................... Special Conditions of Contract and Technical Specifications.......................... 1 COMPLYlNOT COMPLY REMARKS Signature (Tenderer) : ......... General Condition of Contract...........APPENDIX 11 (Clause 16.

..4.. Note: - Page 28 of 28 ................4 (vii) of the ITT is referred) COMPLIANCE CLAUSE BY CLAUSE Tenderer are to state Compliance Clause by Clause on the Instruction to Tenderer.... 1 COMPLYINOT COMPLY REMARKS I Signature (Tenderer) : ............. General Condition of Contract.APPENDIX 12 (Clause 16.......... Tenderer's to provide additional pages if necessary.......... 1 SECTIONS 1 CLAUSENO. Date : .......... Special Conditions of Contract and Technical Specifications..... Statement of Needs................

COMMISSIONING AND MAINTENANCE OF EMU DEPOT AT SEREMBAM TENDER NO : KTMB /TC 37 / 2010 . CONSTRUCTION. COMPLETION. TESTING.\MA f TENDER SECRETARlAT b GOVERNMENT OF MALAYSIA MINISTRY OF TRANSPORT TENDER DOCUMENT FOR DESIGN.

GOVERNMENT OF MALAYSIA MINISTRY OF TRANSPORT TENDER DOCUMENT FOR DESIGN. COMPLETION. COMMISSIONING AND MAINTENANCE OF EMU DEPOT AT SEREMBAN SECTION 1 2 CONTENTS INSTRUCTIONS TO TENDERER FORM OF TENDER SCH-EDULESOF INFORMATION FOR COMMERCIAL PROPOSAL SCHEDULES OF INFORMATlON FOR TECHNICAL PROPOSAL CONDITIONS OF CONTRACT SPECIAL PROVISION CONDITIONS OF CONTRACT LETTER OF ACCEPTANCE FORM OF AGREEMENT STATEMENT OF NEEDS CONTRACT SUM ANALYSIS AND SUMMARY SCHEDULE OF RATES SCHEDULE OF PAYMENT TECHNICAL SPECIFICATIONS DRAWINGS . TESTING. CONSTRUCTION.

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