Design, Construction, Testing and Commissioning Tender Documents

SECTION I.
INSTRUCTION TO TENDERERS
1. INTRODUCTION
1.1 General
This Tender is for the DESIGN, CONSTRUCTION, COMPLETION,

TESTING, COMMISSIONING AND MAINTENANCE OF EMU DEPOT AT
SEREMBAN (hereinafter referred to the Works). It shall be carried out on a Design
and Build basis, Fixed Lump Sum Price.
This lnstructions to Tenderers (ITT), which shall be strictly complied with, 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.
The Tender Documents consists of Form of Tender, Tender Information, Statement

of Needs, and General Condition of Contract, Technical Specifications, Special
Conditions of Contract, Contract Sum Analysis, Drawings and Appendices; all of
which shall form the Tender Documents.
2. TENDER PROPOSAL
2.1 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. The term 'Tender Documents' shall
mean as follows:
(1) lnstructions to Tenderers and Appendices,

(2) Form of Tender,
(3) Schedules of lnformation for Commercial Proposal,
(4) Schedules of lnformation for Technical Proposal
(5) General Conditions of Contract,
(6) Special Conditions of Contract
(7) Letter of Acceptance of Tender
(8) Form of Agreement
(9) Statement of Needs
(10) Contract Sum Analysis and Summary
(11) Schedules of Rates
(12) Schedule of Payment
(13) Technical Specifications
(14) 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.
2.2 Scope of Works
Tender Documents IT - 1
Instructions to Tenderers
2.2.1 The Scope of Works to be carried out under this Contract shall include the survey,
soil investigations, design, construction to completion and maintenance over a
specified period of DESIGN, CONSTRUCTION, COMPLETION, TESTING,
COMMISSIONING AND MAINTENANCE OF EMU DEPOT AT
SEREMBAN complete with all the necessary infrastructure and services, and as
laid out in the Statement of Needs, Drawings and the Technical Specifications.
2.2.2 The whole of the Works shall be completed within FOURTEEN (14) MONTHS
from the Date of Site Possession.
2.2.3 The Tenderer is to make provision to be at his own risks and cost of all materials,
scaffolding, tools, plants, machineries, professional services, labour, transport and
everything else necessary for the survey, soil investigations, design, construction
and maintenance of the Works during construction and including all works that have
been specified in the Statement of Needs.
2.2.4 The Tenderer shall take into consideration all other items not expressly stated herein
but required to complete the works as specified in the Documents.
3. STATUS OF TENDERER
3.1 Tenderer's Entity
3.1.1 Status of Tenderer
Tenderers shall be Malaysian companies registered with the Pusat Khidmat

Kontraktor (PKK), Ministry of Works and Construction Industry Development
Board of Malaysia (CIDB). The said registration shall be under Class A under
Head I; Sub-heads 1 and Sub-head 8.
Certified photocopies of registration certificates of Tenderers and Subcontractors

shall be submitted with the Tender bid.
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. Tenderers are strictly prohibited from enticing and/or recruiting any
person/persons currently under the employment of KTMB to be under their
employment for this project.
These are mandatory requirements and Tender from parties who do not fulfill these
requirements shall be disqualified.
3.1.2 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.
3.1.3 Confirmation of Compliance
The Technical Specification is for information only. The Tenderer shall fill in the
form of Confirmation of Compliance as per Appendix 2 of the ITT. The Tenderer
shall provide if he so wish, 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. The Tender
submission including the Technical Specification will then become the liability of
the Tenderer.
3.1.4 Programme and Methods of Construction
The Tenderer shall submit with his offer the draft programme and method statement
for this Works. 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. In this respect Liquidated and Ascertained Damages shall be imposed for
any delay in completing his Work on time.
3.2 Proposal from Consortium or Joint Ventures
Consortiums or joint venture shall be allowed to participate in the Tender.
3.2.1 A certified true copy of the Consortium or Joint Venture Agreement shall be
submitted with the Tender Proposal and shall have information comprising, but not
limited to the following:
(1) The name of the Consortium or Joint Venture.

(2) The name and registered address of each Consortium or Joint Venture
member.
(3) The contractual responsibility and liability of each member to the
Consortium or Joint Venture which shall be reflected in the Project
Organization Chart.
(4) The name and responsibility of the Consortium or Joint Venture leader who
shall be one of the member companies.
(5) The letter of appointment of the Consortium or Joint Venture
representative(s) who shall be an officer of the member companies who shall
be authorized to act for and on behalf of the Consortium or Joint Venture
upon the award of the Contract.
(6) The law governing the agreement which shall spell out the method of
settlement of disputes in respect of the Consortium or Joint Venture
Agreement.
The validity period of the Consortium or Joint Venture Agreement.
3.3 Authorized Signatory
The Tender shall be signed by representative(s) authorized to act on behalf of the

Tenderer proposing Entity. A Power of Attorney in favour of the authorized
representative(s) shall be submitted together with the Tender Proposal and at such
other time on the notification of any substitution of the representative(s) which shall
solely be the responsibility of the Tenderer Proposing Entity to inform the
Government.
3.4 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.
3.5 Signing of Tender Document
(1) The Tender shall be signed by a person or persons and shall contain the full
name(s), 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. 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.
(2) 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 an authorized representative, followed by the name
and designation of the person signing, 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) The Tender by corporations must be signed with the legal name of the
President, Chairman, Secretary, or authorized person, followed by the name
and designation of the person signing, including a certified document giving
proof of its authority entered into.
(4) 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 authorized to act for all. 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. If
the Tenderer proposes to associate with an affiliated or non-affiliated
company for the purpose of executing the Works, 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.
3.6 Non-Collusion Agreement
The Non-Collusion Certificate, in the format as per APPENDIX 3 of the ITT,

where applicable, shall be duly signed by authorized representatives of each
member of the Consortium or Joint Venture and included in the Tender Proposal.
The Tenderer shall be deemed to have read and understood the contents of the
Certificate and shall fully comply with the conditions therein.
4. PERFORMANCE BOND/ADVANCE PAYMENT
4.1 All Tenderers are required to take note and comply with all the following
conditions:
(1) The Contract Sum submitted by the Tenderer shall be on a cash basis and
shall be inclusive of all costs of whatever nature.
(2) 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 Million Only (RM10,000,000.00)
whichever is lower for qualified Tenderer and subject to the current Surat
Pekeliling Perbendaharaan dan Arahan Perbendaharaan, Ministry of
Finance, Malaysia and shall be in a format as per APPENDIX 4 of the ITT.
(3) 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.
(4) The Tenderer shall note that there is no provision with regards to
fluctuations in foreign currency exchange rates and increased costs of
labour, plant and materials.
(5) The Tenderer shall propose a Schedule for interim Payments and the basis
for the said schedule of payment.
4.2 The Tenderer may choose to comply with any of the following requirement and to
indicate as such in the Letter of Acceptance. If the option b) is approved by the
Government, then all clauses relevant to the requirement of Performance Bond shall
be deemed not applicable.
(1) 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. Only guarantees given by Banks approved by the Government
shall be acceptable. The original Bond shall be submitted prior to the
commencement of any work. 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 IT.
If the Contractor fails to execute the Contract or commits any breach of

these obligations under the Contract, the Government or the Superintending
Officer (S.O.) on his behalf may utilize and make payments out of or deduct
from the said Performance Bond. 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.
(2) 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.
The value of the Performance Guarantee Money shall be five (5) percent of
the total Contract price. 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. 5 Tahun 2007.
5. TRAFFIC FLOW
The Tenderer's attention is drawn to the requirements to maintain existing traffic

flows on existing public roads and existing railway tracks. The Contractor is
required to comply with any Traffic Control Management provisions as set out by
the relevant authorities and KTMB. 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.
6. 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. 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 (RM100,000.00). He
may, at his own discretion wish to effect other insurance policies to cover other
associated risks (e.g. costs of deductibles etc.) from approved insurance companies.
7. SERVICES
The Tenderer's attention is also drawn to the presence of any services, cables,
mains, pipes, signal and communication cables, Automatic Train Protection
equipment, 25kV electrification system and Fiberail cables within the Site which
may materially affect the Contract execution. 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, or
permanently resite the same at his own cost, unless specifically stated otherwise
herein.
8. STANDARDS
The Tenderer is required to comply with the Standards or Codes of Practice

stipulated in the General Condition of Contract and Technical Specifications. All
materials to be supplied shall be in accordance with appropriate lnternational
Standard Organization (ISO), International Railway Standards (UIC), Malaysian
Standards (MS) or any other internationally approved standards.
9. CURRENCY
The Tenderer shall submit the Tender fully priced in Ringgit Malaysia (RM) only.
All payments under the Contract shall be made in Ringgit Malaysia (RM) only.
10. 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, but
not limited to:
(1) Bumiputra The Tenderer shall include, if applicable, full
Participation 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. 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 Industry Development Board of
Malaysia (CIDB).
(2) b. Malaysian Any part or parts of the Works to be sub-letted to

Subcontractor Malaysian Contractors and suppliers shall be
and Suppliers identified by the Tenderer in the Tender. All
Malaysian Sub-contractors shall be registered
with Pusat Khidmat 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.
(3) c. Local Products 10(3).1 The Tenderer shall utilize local

products as listed in the list of Locally
Manufactured Construction
Material/Product by IKRAM QA
Services Sdn Bhd and/or 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
10(3).2 issued, penalty and/or rejection of
supplied material shall be imposed.
Product that is 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. lf testing cannot be done by
IKRAM QA Services Sdn Bhd or
10(3).2 SlRlM QA Services Sdn Bhd, the
Tenderer shall apply subject to
approval by S.0 to conduct testing with
other agencies.
Not withstanding the above, Tenderers
shall note that Treasury Circular Surat
Pekeliling Perbendaharaan Bi1.7 Tahun
2002 shall govern.
(4) d. Local Manufacturing The Tenderer shall provide, if applicable, details
of any local manufacturing that will be carried
out in connection with this Contract.
(5) e.
Occupational Safety The Works for use in KTMB's Track shall fulfill
and Health the requirements of ACT514 of the Occupational
Safety and Health 1994.
(6) f. Usage of Malaysian 10(6).1 Cost of all insurance, loading,

Shipping Lines and unloading, transport and other handling
Insurance Companies works for local materials required for
the execution of works shall be borne
by the Contractor. For imported items
which shall be purchased Free On
Board (FOB), all insurances and freight
shall be arranged by the Contractor.
For imported items which shall be
10(6).2 purchased Free On Board (FOB), all
insurances and freight shall be arranged
by the Contractor through the
Government's Multi Modal Transport
Operators (MTO). 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.
All construction materials, plant,
10(6).3 equipment, 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, through any of the
MTO registered with Ministry of
Finance under code 221 109;
The cost for insurance and freight for
10(6).4 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.
Sales tax and import duties of imported
items shall be priced in Contract Sum
Analysis separately. Thus all cost of
imported items shall be priced by the
Tenderer in his Tender as FOB.
The Contractor shall pay all taxes, port
dues and charges including, but not
10(6).5 limited to, wharfage dues, pilotage fees,
anchorage, berthage and mooring fees,
quarantine dues,
loading porterage and overtime fees for
construction plant and materials for use
directly in the construction and
maintenance
of the Works brought into and
dispatched from Malaysia by the
Contractor, his servants or agents on his
behalf.
All imported items shall be transported
directly from the port of loading of the
10(6).6 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.
Not withstanding the above, Tenderers
shall note that Surat Pekeliling
10(6).7 Perbendaharaan Bil. 6 Tahun1996 and
Surat Pekeliling Perbendaharaan Bil. 7
Tahun1998 shall govern.
11. 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. These Consultants
shall be registered with their respective Malaysian Boards. 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.
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.
The Tenderer's Consultants shall take full responsibility and liability in the design
and the execution of the Works. The Tenderer is to note that the appointment and
involvement of Tenderer's Consultant must be from the Design, Supervision and
Contract Management stage of the project and preparation of As-Built Drawings
and Engineering Reports.
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.
12. CORRESPONDENCE AND MEASUREMENT
All correspondence in connection with the Tender, Contract and all matters
accompanying the Tender to be either in the English language or Bahasa Malaysia.
All measurements and quantities are to be expressed in units of the metric system.
13. DOCUMENTS FOR INFORMATION ONLY
Documents marked "FOR INFORMATION ONLY" (if any) given to the Tenderer
do not form part of the Tender Documents.
All documents, information and other materials supplied by the Government to the
Tenderer, are to the best of the Government's knowledge and belief sound. The
Government does not and will not accept any liability whatsoever for any error,
inaccuracy, insufficiency, omissions or error of judgment contained therein. It shall
be the Tenderer's sole responsibility to verify their accuracy and sufficiency.
The Specifications provided for might not cover all the Works relevant to this
project. Where the Tenderer's proposed design, works or materials are not covered
by the Specifications, he shall propose his own Specifications. The Specifications
submitted by the Tenderer shall not relieve the Tenderer from his obligation to
comply with the best relevant standards and good practices.
14. 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:
(1) 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,
and
(2) 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.
The Tenderer shall totally bear all costs incurred by him in connection with the
preparation and submission of the Tender Proposal. 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.
The Tenderer shall be deemed to be familiar with all the relevant laws, by-laws and
regulations, including Local Authorities and the relevant approving authorities,
KTMB's Rules and Regulations and the current construction practices in Malaysia.
The Tenderer shall be solely responsible for obtaining all necessary licenses,
permits, qualifications, right to use patents, and other statutory and legal approvals
for the performance of the Works.
15. PROCEDURE FOR PREPARATION OF TENDER
15.1 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 I of the ITT. 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. Failure to check shall be
solely at the Tenderer's own risk.
15.2 Site Visit
A compulsory site visit and briefing of the tender shall be arranged and conducted
by KTM Berhad, on behalf of the Government as published in Advertisements of
Tender.
The Tenderer shall at his own expense before submitting their Tender Proposal, visit
and inspect the Site and shall be responsible for obtaining all information which
shall be considered necessary for the preparation of the Tender.
The Tenderer shall be deemed to have satisfied himself as to the nature of the Site,
the extent, the boundaries, the nature and practicability of the Works, the position of
the Works in relation to the Site and the surroundings, the existing works, buildings
and structures, squatters, services, means of access, the availability of materials, the
nature of the soil and strata in or on which the Works are to be constructed, weather
conditions, and in general shall satisfy himself and obtain all necessary information
as to the risks, 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. Any information forwarded by the
Government shall not relieve the Tenderer of his obligation under the provision in
this Clause. The Government gives no warranty for the information, either as to the
accuracy or sufficiency as to how the same should be interpreted, and the Tenderer
shall make use of and interpret the same entirely on his own responsibility.
The Tenderer and any of his personnel or agents, 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), loss of or damage to
property and any other losses, damage, cost and expenses however caused, which,
but for the execution of such permission, would not have occurred.
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.
15.3 Clarification of Tender Documents
In the event of any Tenderer being supplied, at his request, with copies of any of the
Tender documents, it shall be the sole responsibility of the Tenderer to scrutinize
such copies and satisfy himself that there are exact copies of those included in the
Tender Table Documents. 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, it shall be the
sole responsibility of the Tenderer to apply in writing to the Government's
Representative, to have the difference or discrepancy rectified, not later than
fourteen (14) days before the final date fixed in the Tender Notice for the
submission of Tenders. Any reply Government's Representative may make to such
application shall be by way of Tender Addendum which will be sent to all
Tenderers. Such Tender Addendum shall become part of the Tender Documents and
Tenders received will be deemed to have been based on the explanations,
modifications or extensions to the original documents that they contain. Any
clarifications shall be directed to the General Manager of Project Management
Division, KTMB as stated in para 15.4.(i) of the ITT.
Any clarification of the Tender Documents resulting from the above such queries
shall NOT be interpreted as modifications or amendments to the Tender Documents.
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, issued
to all Tenderers.
15.4 Correspondence During Tender Period
(1) Correspondence in connection with the Tender Documents shall be made

and directed to as follows:
General Manager
Project Management Division,
Keretapi Tanah Melayu Berhad
Corporate Headquarters,
First Floor, Jalan Sultan Hishamuddin,
50621 Kuala Lumpur.
Tel number: 03 -2263 1370
Fax number: 03 -2710 5725
(2) All correspondence may be sent by hand or by post. The Government

however shall not be responsible for non-receipt of any correspondence sent
by post either registered or otherwise.
(3) All correspondence by facsimile shall only be considered as an intention oft

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.
(4) Addendum/Addenda:
Addendum/Addenda 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. 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, the
Tenderer shall set forth such doubt or obscurity in writing and submit the
same to the General Manager of Project Management Division, KTMB as
stated in para 15.4. (i) Above, using the form as per APPENDIX 7 of the
ITT not later than fourteen (14) days from the Tender Submission Date.
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.
(5) Tenderers are NOT allowed to have any correspondence with any other
KTMB employees in reference to the tender. 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.
16. SUBMISSION OF TENDER
16.1 Form of Tender
The Form of Tender shall be signed by the Tenderer or by an authorized

representative of each member of the Consortium or Joint Venture and submit
together with the Tender Proposal. It shall provide the registered business name of
the Tenderer or each member of the Consortium or Joint Venture. 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. Any correction shall each be made
clearly and initialed by each of the authorized representatives. No unauthorized
alteration or addition shall be made to the Form of Tender or any other Tender
Documents.
16.2 Covering Letter and Comments
The covering letter accompanying the Tender Proposal submitted to the

government, shall not duplicate anything already included in the Tender, although it
may be used for general amplification of matters included therein where necessary.
Any comments which the Tenderer desire to make shall not be included in the
Tender Proposal, 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, clauses and
pages of the attached Tender Proposal.
16.3 Submission of Tender Proposal
The Tenderer shall submit the Tender Proposal in three separate sealed sub-
packages;
(1) One for the MANDATORY REQUIREMENTS

(2) One for the COMMERCIAL PROPOSAL
(3) One for the TECHNICAL PROPOSAL
These three separate documents shall not be bound together as one package
proposal, and failure to comply shall render the Tender to be disqualified.
Each sub-package shall comprise one (1) original and one (I) copy and must be
submitted for each sub-package separately in a plain sealed cover, bearing no
indication of the identity of the Tenderer. The cover of each sub-package shall be
endorsed on the outside as follows:
“CONFIDENTIAL - TENDER (MANDATORY REQUIREMENT I
COMMERCIAL I TECHNICAL)*. THIS TENDER IS FOR DESIGN,
CONSTRUCTION, COMPLETION, TESTING, COMMISSIONING AND
MAINTENANCE OF EMU DEPOT AT SEREMBAN.-
(* delete where not applicable)
The proposals shall be clearly marked 'ORIGINAL' or 'COPY'. In the even of

discrepancy original and the copy, the original shall govern.
NOTE
All Tenderers shall take notice that failure to comply with this Clause shall
cause the Tender to be disqualified.
In the case of the Tender not being delivered by hand, 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.
16.4 Information to be provided
16.4.1 A checklist of information to be enclosed in the Tender is as per APPENDIX 8, 9

and 10 of the l1T. Tenderers are to confirm the items enclosed by ticking or writing
"yes" in the provided column of the checklist.
16.4.2 Mandatory Requirements
Tenderers are to submit the following in a separate sealed envelope :
(1) A copy of the Company's account

(2) A copy of monthly Bank Statement
(3) A copy of Bank Financial Institution Financial Report or Form CC
(4) Project Superintendent's Report (Form TFI)
(5) General Background Information of the Tenderer (Form TB)
Tenderers who fail to produce the above required documents shall be

disqualified. Refer to APPENDIX 8 of the ITT.
16.4.3 Commercial Proposal
The Tenderer shall submit the following information as COMPULSORY together

with the Tender Proposal. Failure to comply shall render the Tender to be
disqualified:
(1) The original cover letter signed by the Tenderer or the authorized
representative of each member of the Consortium or Joint Venture, which
shall contain the name of the Consortium or Joint Venture and the name of
the leading partner and member companies.
(2) List of documents contained in the Tender Proposal and Index of the
contents therein.
(3) ‘Power of Attorney' affidavits together with Agreement of Association and
any other documents necessary to authenticate its Tender Proposal; if the
signatory other than Chief Executive Officer (CEO) of Managing Director
(MD)
(4) Form of Acknowledgement of Tender Documents as per APPENDIX 1 of
the ITT.
(5) ‘Confirmation of Compliance' to all Instruction to Tenderers, General
Conditions of Contract, Special Conditions of Contract and Technical
Specifications as per Clause 3.1.3 and APPENDIX 2 of the ITT.
(6) The Non-Collusion Certificate as per Clause 3.6 and APPENDIX 3 of the
ITT, where applicable, and duly signed and witnessed. The Tenderer shall be
deemed to have read and understood the contents of the Certificate and shall
fully comply with the conditions therein.
(7) Site visits Confirmation Form as per Clause 15.2 and APPENDIX 6 of the
ITT.
(8) Priced Contract Sum Analysis, Schedule of Payment and Summary.
(9) 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.
(10) Interim Payment Schedule, which shall be in accordance with the Tenderer's
Programme of Works with payment subject to the approval of the
Government.
(11) Schedule of Information for Commercial Proposal and to include Forms CA,
CB, CC, TA, TI3 and TFI.
(12) Form of Tender.
(13) Checklist as per APPENDIX 9 of the I-IT duly filled by Tenderer.
(14) Clause by Clause Compliance to Instructions to Tenderers, Contract Sum
Analysis, General Conditions of Contract, Special Conditions of Contract,
Statement of Needs and Technical Specifications as per APPENDIX 11 of
the ITT.
16.4.4 Technical Proposal
The Tenderer shall submit the following information as COMPULSORY together

with the Tender Proposal. Failure to comply shall render the Tender to be
disqualified:
(1) Proposal Programme covering the whole of the Contract Period and showing
all Schedule Dates. The programme shall be in a format which takes
cognizance of the requirements contained in the Statement of Needs in
outline form.
(2) Method of Construction taking cognizance of the requirements contained in
Statement of Needs or other technical information required, including all
designs, plans, calculations, specifications and everything else necessary as
specified in the Statement of Needs, Contract Sum Analysis and Technical
Specifications in outline form.
(3) 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.
(4) Schedules of Information for the Technical Proposal i.e. Forms TC, TD,
TE, TF, TG, TH, TI and TJ.
(5) List of documents incorporated in the Technical Proposal and Index of the
contents therein
(6) Check list per Appendix 10 of the ITT duly filled by Tenderer.
(7) Clause by Clause Compliance as per APPENDIX 12 of the ITT.
Note:
Contractor's Name and Prices shall NOT appear in the Technical Proposal,
Noncompliance will render the Tender invalid.
16.5 Quantities Measurement
The Works included in this Contract is on a fixed lump sum, 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.
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. Every item must be legibly filled in, in ink, by the Tenderer
and columns added up to the exact total amount of Tender.
For the purpose of comparison of Tenders and acceptance of Tenders, the total
amount of Tender (Tender Sum) shall be immutable. If on examination by the S.O.,
errors such as addition mistakes, 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 rationalize the Contract Sum Analysis
without altering the Tender sum;
(1) The individual rates shall be examined by the S.O. for their reasonableness.
Where found unreasonable, the rate will be adjusted by the S.O. as
appropriate.
(2) A percentage correction shall be applied to the rates so that the Tendered
Sum remains unaltered.
16.6 Provisional Sum
Not applicable.
16.7 Tender Submission Date
The complete Tender Proposal received by the Government after the closing date
shall not be considered. The Government shall not accept proof of posting as proof
of receipt. It is the responsibility of the Tenderer to ensure the whole of its Proposal
is received by the Government at the proper location, date and time prior to the
Tender Closing Date as stated in the Tender Notice advertisement.
Tender Proposal shall be addressed and sent to:
The Secretary,
Tender Board Committee,
Ministry of Transport,
C/O General Manager Finance Division,
1st. Floor, Keretapi Tanah Melayu Berhad,
Jalan Sultan Hishamuddin,
50621 Kuala Lumpur.
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.
16.8 Tender Validity
The Tender shall be valid for acceptance for a period of one hundred and eighty
(180) days from the Date of Tender Submission, and shall remain binding upon the
Tenderer at any time until the expiration of that date. 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.
17. TENDER EVALUATION
17.1 Government's Right
The Government reserves the right to reject any, part or all of the Tender Proposal,
to undertake discussion with one or more Tenderer, and to accept that Proposal or
modified Proposal which in its sole judgment will be the most advantageous to the
Government, price and other evaluation factors considered.
18. SIGNING OF CONTRACT
Within fourteen (14) days of the issue of the Letter of Acceptance, the successful
Tenderer shall submit:
(1) A duly registered and legalized Power of Attorney in favour of the signatory
of the Contract if the latter is a person other than the signatory to the
Proposal.
(2) Where the Proposal is executing the Contract as a subsidiary, associated or
affiliated company of a registered company, a Parent Company Guarantee in
a format to be agreed by the Government.
(3) 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.
(4) 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.
(5) Insurances as stipulated in Clause 11, 33, 38 and 39 of the General
Conditions of Contract and Appendix 1 to the General Conditions of
Contract.
(6) Following presentation and acceptance of these documents and upon
receiving a request from the Government to do so, the Contractor shall
execute and sign the Contract at the Office of the Government.
19. BRIBERY
19.1 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.
19.2 Any act or attempt to corruptly offer or give, 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.
19.3 If any person offers or gives any gratification to any members of the public service,
the latter shall at the earliest opportunity thereafter lodge a report at the nearest
office of the Anticorruption Agency or police station. Failure to do so is an offence
under the Anti-corruption Act 1997.
19.4 Without prejudice to any other actions, 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.
19.5 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.
20. 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. All Tenderers must be well versed with the current and relevant Surat
Pekeliling Perbendaharaan and Arahan Perbendaharaan, Ministry of Finance,
Malaysia.
21. COMPLIANCE WITH LOCAL AUTHORITIES' AND RELEVANT

AUTHORI'I'IES' REQUIREMENTS
Notwithstanding the provisions of the Clause of the Conditions of Contract and

Statement of Needs, 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, if
required by the S.O.. All costs to comply with and provide such requirements shall
be deemed to have been included in the Tender Proposal and the Contract Sum.
22. DESIGN GUARANTEE
Design Guarantee shall be as per Clause 14.2 of General Conditions of Contract and
shall be five (5) years commencing from the Certificate of Practical Completion
("the Design Guarantee Period").
23. RAIL TRANSPORTATION
Contractors are encouraged to utilize rail transportation to ferry related project

materials to site.
24. RECRUITMENT FOR EMPLOYMENT
Tenderers are strictly prohibited from enticing and/or recruiting any person/persons
currently under the employment of KTMB to be under their employment for this
project.
25. 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.
26. 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.
APPENDIX 1
(Clause 2.1 and 16.4.3(iv) of the ITT is referred)
FORM OF ACKNOWLEDGEMENT OF TENDER DOCUMENTS
To:
The Secretary,
Tender Board Committee,
Ministry of Transport,
C/O Finance Department,
1st Floor, Keretapi Tanah Melayu Berhad,
50621 Kuala Lumpur.
Dear Sir,
DESIGN, CONSTRUCTION, COMPLETION, TESTING, COMMISSIONING AND

MAINTENANCE OF EMU DEPOT AT SEREMBAN
We confirm receipt of two (2) sets of the Tender Documents for DESIGN,
CONSTRUCTION, COMPLETION AND COMMISSIONING OF EMU DEPOT AT
SEREMBAN
Signed : ________________________
Designation : ________________________
Company : ________________________
________________________
________________________
Date : ________________________
APPENDIX 2
(Clause 3.1.3 and 16.4.3(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, Keretapi Tanah Melayu Berhad
Jalan Sultan Hishamuddin
50621 Kuala Lumpur.
TENDER FOR DESIGN, CONSTRUCTION, COMPLETION, TESTING,

COMMISSIONING AND MAINTENANCE OF EMU DEPOT AT SEREMBAN
- Confirmation of Compliance
With reference to the above we hereby confirm our compliance to all Instruction to
Tenderers, Statement of Needs, General Conditions of Contract, Special Conditions of
Contract and Technical Specifications as per Clause 3.1.3 of ITT.
Attached is the clause by clause compliance statement as per Appendix 1 1.
Thank you
_________________________________
Signature (TENDERER)
Name : _________________________
Address : _________________________
_________________________
_________________________
_________________________
Tenderer's Chop :
Date : _________________________
APPENDIX 3
(Clause 3.6 and 16.4.3(vi) of the ITT is referred)
TENDER FOR THE DESIGN, CONSTRUCTION, COMPLETION, TESTING,

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. In recognition of this principle, we certify that this is a bona
fide tender, intended to be competitive, and that we have not fixed or adjusted the amount
of .the tender by or under or in accordance with any agreement or arrangement with any other
person. 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) Communicate to a person other than the person calling for those tenders the amount or
approximate amount of the proposed tender, except where the disclosure, in confidence, of
approximate amount of the tender was necessary to obtain insurance premium quotations
required for the preparation of the tender;
(b) 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;
(c) 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.
In this certificate, the word "person" includes any persons or any body or association,
corporate or unincorporated; and any agreement or arrangement includes any such
transaction, formal or informal and whether legally binding or not.
Yours faithfully,
for and on behalf of [ Tenderer's Name ] Witnessed by:
_________________________________ ___________________________
Name : Name :
Title : Title :
Date : Date :
APPENDIX 4
(Clause 4.l(ii) and 18.0(iv) of the ITT is referred)
CONTRACT NO: KPIKTMI.______/2010
BANK GUARANTEE AGAINST ADVANCE PAYMENT (WORKS)
IN consideration of the Government of Malaysia (hereinafter 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
__________calling for tenders by the offer of________hereinafter called "the Supplier")
dated __________ and the acceptance thereof by the Government of Malaysia dated
___________ and subject to such new terms and conditions, if any, made by the Government
and accepted by the Supplier on __________ Provided that if a formal contract is drawn up
subsequently, in accordance with the terms and conditions of such formal contract, for
________________________________ (hereinafter called "the Supply").
WE, the undersigned, at the request of the Supplier, irrevocably undertake and guarantee to
the Government that:
1. We shall pay the Government free of interest, the sum of Ringgit Malaysia:
________________ (RM________________) the advance payment- mentioned above
representing fifteen percent (25%) of the value of the said contract sum, 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.
2. Any concession or indulgence given by the Government to the Supplier or any

agreement between the Government and the Supplier or any alteration in the obligation
undertaken by the Supplier or forbearance given by the Government to the Supplier
whether as to payment, time, performance or otherwise shall not discharge us from this
Guarantee but we shall be entitled to be informed of such arrangements or alterations.
3. Subject to Clause 4, our responsibility for paying the said sum Ringgit Malaysia:
___________ (RM ___________ shall be automatically reduced by the amount or
amounts of any payments made by us to the Government in respect of this Guarantee.
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
4. Supplier for repayment of the advance payment so made. This Guarantee shall be
cancelled immediately after the whole of the advance payment have been realized through
payments by us or through deductions made out of the progress payments due to the
Supplier, or after the expiry of the period mentioned in Clause 5, whichever is earlier.
5. 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 authorized extension thereof after the
determination of the contract whichever is the earlier. Claim, if any, must be received by
the Guarantor within the period of Guarantee.
Given under our hands this __________day of __________ 20 _____

Signed for and behalf of the Guarantor.
Name : ________________________________
Designation : __________________________
Banker's Chop :
In the presence of : ______________________

Name : ________________________________
Designation :
APPENDIX 5
(Clause 4.2(a) and 18.0(iii) of the ITT is referred)
BANK GUARANTEE FORM FOR PERFORMANCE BOND (WORKS)
THIS AGREEMENT is made the _______________________________day of ___________

20____ BETWEEN ____________________________________ (insert name of Bank) of
________________________________ (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).
WHEREAS
1. In consideration of the Government allowing _____________________________

(hereinafter referred to as "the Contractor ") to __________________________________
(State title of the Project) for a Contract Sum of Ringgit Malaysia:
____________________________________________________ (state the amount in
words) (RM: _______________________________________ ) WE, the undersigned at
the request of the Contractor irrevocably undertake a guarantee to the Government that:-
2. The Guarantor has agreed the due performance of the Contract in the manner
hereinafter appearing.
- Now the Guarantor hereby agrees with the Government as follows: -
I. On the Government's first written demand, 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. Provided always that the total of all demands so made shall not exceed the sum of
Ringgit Malaysia ___________________________________ (state the amount of bond in
words) (RM ________________________________) and the total amount recoverable
against the Guarantor under this Agreement shall not exceed the said sum.
II. 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
_____________________________________________________________________
(state the amount of bond in words)
RM__________________________________) 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.
III. The Guarantor shall not be discharged or release from the Guarantee by any arrangement
between the Contractor and the Government with or without the consent of the Guarantee by
or any alteration in the obligations undertaken by the Contractor by any forbearance, whether
as no payment time, performance or otherwise.
IV. The Guarantee given by the Guarantor is a continuing guarantee. This Agreement shall be
irrevocable and shall initially remain in force and effect until _____________ (hereinafter
referred to as the “Initially Expiry Date”) being the end of a period of Four (4) calendar
months after the expiry date of the Defects Liability Period as stated in Contract or in the case
of the Contract or in the case of the Contract being determined, one (1) calendar year after the
expiry date of the Defects Liability Period as stated in the Contract being determined, one (1)
calendar year after the Date of Determination. The Guarantee shall upon the request of the
Government extend the Initial Expiry Date for a further period of one (1) calendar year from
the Initial Expiry Date (herein after referred to as the “Extended Expiry Date”) and the
Guarantee shall be so extended. The maximum aggregate amount that the Government shall
be entitled to under this Agreement shall not exceed the said Sum of Ringgit Malaysia
________________________ (state the amount of Bond in words) (RM
___________________________)
V. All whatsoever obligations and liabilities of the Guarantor under this Agreement shall cease
upon the determination of this Agreement on the initial Expiry Date or the Extended Expiry
Date as the case may be save to the extent that the Government shall previously have called
upon the Guarantor is writing to pay the specified money payable under the Contract then
remain outstanding.
VI. ALL CLAIMS, IF ANY, IN RESPECT OF THIS GUARANTEE MUST BE RECEIVED

BY THE BANK DURING THE VALIDITY PERIOD OF THIS GUARANTEE OR
WITHIN FOUR (4) WEEKS FROM THE EXPIRY DATE OF THIS GUARANTEE
WHICHEVER IS THE LATER.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year
first above written.
Signed for and on behalf of the Said _________________________________

Guarantor in the presence of
Name : __________________________
Designation: ______________________
_________________________________
Banker’s Chop
________________________________
(Witness)
Name : _________________________
Designation: _____________________
Signed for and on behalf of the Said
Guarantor in the presence of
________________________________
(Witness)
Name : _________________________
Designation: _____________________
APPENDIX 6
(Clause 15.2 and 16.4.3(vii) of the ITT is referred)
SITE VISIT CONFIRMATION FORM
To:
Secretary,
Tender Committee,
C/O Finance Department,
First Floor, Keretapi Tanah Melayu Berhad,
50621 Kuala Lumpur.
Dear Sir,
DESIGN, CONSTRUCTIO-N- , COM-PLETION, TESTING, COMMISSIONING

AND MAINTENANCE OF EMU DEPOT AT SEREMBAN
We, ___________________________________________________ hereby confirm that we

have visited and examined the site and surrounding areas. We have also taken all other
measures to satisfy ourselves as to the requirement of the Tender and the Contract. 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.
The definitions in the Tender Document shall apply mutatis mutandis herein.
Signed : ______________________________
Designation : ______________________________
Company : ______________________________
______________________________
______________________________
Date : ______________________________
APPENDIX 7
(Clause 15.4 (iv) of the ITT is referred)
DESIGN, CONSTRUCTION, COMPLETION, TESTING, COMMISSIONING AND
COMMISSIONING OF EMlJ DEPOT AT SEREMBAN
REQUEST FOR CLARIFICATION
TENDERER :
CLARIFICATION NO :
SUBJECT :
REFERENCE CLAUSE :
TENDERER'S STATEMENT :
Date :
GOVERNMENT'S RESPONSE
APPENDIX 8
(Clause 16.4.2 of the ITT is referred)
CHECKLIST OF INFORMATION FOR MANDATORY REQUIREMENTS
Tender No.KTMB/TC/ ....I2010
A. MANDATORY REQUIREMENTS
ITEM DESCRIPTION ENCLOSED

1. A copy of the Company’s account
2. A copy of monthly Bank Statement
3. A copy of Bank/Financial Institution Financial Report or Form
CC
4. Form TFI - Project S.O.'s Report
5. Form TB
6. Tenderers who fail to produce the above required documents
shall be disqualified
Signature (Tenderer) : ......................................
Tenderer's Chop : ……………………………
Date :
APPENDIX 9
(Clause 16.4.1 and 16.4.3 (xiii) of the ITT is referred)
CHECKLIST OF INFORMATION FOR COMMERCIAL PROPOSAL
Tender No. KTMB/TC/…./2010
B. COMMERCIAL PROPOSAL
ENCLOSED
ITEM DESCRIPTION
YES/NO
1. Cover letter bearing the Tenderer's legal name and address
attached to the COMMERCIAL PROPOSAL of the Tender
Documents
2. List of all documents incorporated in the Commercial
Proposal and Index of 1 the contents therein. All documents
shall be bound together and no loose documents will be
accepted.
3. 'Power of Attorney' affidavits together with Agreement of
association and any other documents necessary to
authenticate its Tender Proposal
4. The Non-Collusion Certificate as set out in Appendix 3 of
lnstruction to Tenderer
5. Confirmation of Compliance as per Appendix 2 and Clause
by Clause Compliance to all lnstruction to Tenderer,
Statement of Needs, General Conditions of Contract and
Technical Specifications as per Appendix 11
6. All pages with regards to Contract Sum Analysis for all
items and summary with endorsement on each page by the
Tenderer.
7. A comprehensive Schedule of Rates for all items stated In
the Contract Sum Analysis and any other items the Tenderer
considers necessary to include and shall be endorsed on
each page by the Tenderer.
8. Programme of Works
9. Schedule of Information for the Commercial Proposal
(a) Form CA
(b) Form CB
(c) Form CC
(d) Form TA
(e) Form TB
(f) Form TF1
10. Form of Acknowledgement of Tender Documents as per
Appendix 1 of lnstruction of Tenderer.
11. Form of Tender
Signature (Tenderer) : .....................................
Tenderer's Chop
Date : ...........................
APPENDIX 10
(Clause 16.4.1 and 16.4.4(vi) of the ITT is referred)
CHECKLIST OF INFORMATION FOR TECHNICAL PROPOSAL
Tender No. KTMBTTCI.. ...I201 0
C. TECHNICAL PROPOSAL
ENCLOSED
ITEM DESCRIPTION
YES/NO
1. Proposal Programme covering the whole of the Contract
(a) Period and showing all Schedule Dates.
2. Methods of Statement
3. Other technical information required, including all designs,
layout, plans, calculations, specifications and everything
else necessary as specified in statements of Needs and
Technical Specifications
4. List of drawings, which the Tender will issue during the
contract Period and the other of issue of such together with
a Schedule of dates
5. Confirmation of Compliance and Clause by Clause
Compliance to all 5.0 Instruction to Tenderer, Statement of
Needs, General Conditions of Contract and Technical
Specifications as per Appendix 12.
6. List of documents incorporated in the Technical Proposal
and index of the contents therein. All documents shall be
bound together and no loose documents will be accepted.
7. Schedule of Information for the Technical Proposal
(a) Form TC
(b Form TD
)
(c) Form TE
(d Form TF
)
(e) Form TG
(f) Form TI
(g Form TJ
)
Note :
Tenderer's attention is drawn to the following of clause 16.3 of the ITT:
(a) NO PRICE SHALL APPEAR IN THE TECHNICAL PROPOSAL.

(b) THE NAME AND IDENTITY OF THE TENDERER SHALL NOT BE
IDENTIFIED ANYWHERE IN THE TECHNICAL PROPOSAL.
APPENDIX 11
(Clause 16.4.3(xiv) of the ITT is referred)
COMPLIANCE CLAUSE BY CLAUSE
Tenderer are to state Compliance Clause by Clause on the Instruction to Tenderer, Statement
of Needs, General Condition of Contract, Special Conditions of Contract and Technical
Specifications.
CLAUSE
SECTIONS COMPLY/NOT COMPLY REMARKS
NO.
Signature (Tenderer) : ...............................................
Tenderer's Chop :
Date : ..................................
Note: Tenderer's to provide additional pages if necessary.
APPENDIX 12
(Clause 16.4.4 (vii) of the ITT is referred)
COMPLIANCE CLAUSE BY CLAUSE
Tenderer are to state Compliance Clause by Clause on the Instruction to Tenderer, Statement
of Needs, General Condition of Contract, Special Conditions of Contract and Technical
Specifications.
CLAUSE
SECTIONS COMPLY/NOT COMPLY REMARKS
NO.
Signature (Tenderer) : ...............................................
Date : ..................................
Note: Tenderer's to provide additional pages if necessary.

Design, Construction, Testing and Commissioning Tender Documents

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Design, Construction, Testing and Commissioning Tender Documents

Uploaded by

Copyright:

Available Formats

SECTION I.

This Tender is for the DESIGN, CONSTRUCTION, COMPLETION,

The Tender Documents consists of Form of Tender, Tender Information, Statement

2.1 Issue of Tender Documents

(1) lnstructions to Tenderers and Appendices,

2.2 Scope of Works

3.1 Tenderer's Entity

3.1.1 Status of Tenderer

Tenderers shall be Malaysian companies registered with the Pusat Khidmat

Certified photocopies of registration certificates of Tenderers and Subcontractors

3.1.2 Experience of Tenderer

3.1.3 Confirmation of Compliance

3.1.4 Programme and Methods of Construction

3.2 Proposal from Consortium or Joint Ventures

Consortiums or joint venture shall be allowed to participate in the Tender.

(1) The name of the Consortium or Joint Venture.

The validity period of the Consortium or Joint Venture Agreement.

3.3 Authorized Signatory

The Tender shall be signed by representative(s) authorized to act on behalf of the

3.5 Signing of Tender Document

3.6 Non-Collusion Agreement

The Non-Collusion Certificate, in the format as per APPENDIX 3 of the ITT,

4. PERFORMANCE BOND/ADVANCE PAYMENT

(1) Performance Bond

The successful Tenderer shall furnish a Performance Bond by way of an

If the Contractor fails to execute the Contract or commits any breach of

(2) Performance Guarantee Money

The Government has made provision whereby a Performance Guarantee

The Tenderer's attention is drawn to the requirements to maintain existing traffic

The Tenderer is required to comply with the Standards or Codes of Practice

10. GOVERNMENT POLICIES

(2) b. Malaysian Any part or parts of the Works to be sub-letted to

(3) c. Local Products 10(3).1 The Tenderer shall utilize local

(6) f. Usage of Malaysian 10(6).1 Cost of all insurance, loading,

11. TENDERER'S CONSULTANT

The Tenderer shall submit a complete list of Malaysian Consultants to be employed

The Tenderer's Consultants shall employ permanent representatives at the Site to

12. CORRESPONDENCE AND MEASUREMENT

14. CONDI'TIONS OF TENDER

15. PROCEDURE FOR PREPARATION OF TENDER

15.1 Examination of Tender Documents

15.2 Site Visit

15.3 Clarification of Tender Documents

15.4 Correspondence During Tender Period

(1) Correspondence in connection with the Tender Documents shall be made

(2) All correspondence may be sent by hand or by post. The Government

(3) All correspondence by facsimile shall only be considered as an intention oft

The reply by the Government shall be in the form of an Addendum or

16. SUBMISSION OF TENDER

16.1 Form of Tender

The Form of Tender shall be signed by the Tenderer or by an authorized

16.2 Covering Letter and Comments

The covering letter accompanying the Tender Proposal submitted to the

16.3 Submission of Tender Proposal

(1) One for the MANDATORY REQUIREMENTS

The proposals shall be clearly marked 'ORIGINAL' or 'COPY'. In the even of

16.4 Information to be provided

16.4.1 A checklist of information to be enclosed in the Tender is as per APPENDIX 8, 9

16.4.2 Mandatory Requirements

Tenderers are to submit the following in a separate sealed envelope :

(1) A copy of the Company's account

Tenderers who fail to produce the above required documents shall be

Given under our hands this ____day of 20 _

THIS AGREEMENT is made the _____________________day of _