Professional Documents
Culture Documents
TENDER DOCUMENT
FOR
VOLUME I OF VI
INSTRUCTION TO TENDERERS AND APPENDICES
PROJEK MASS RAPID TRANSIT LALUAN 2: SUNGAI BULOH – SERDANG – PUTRAJAYA (SSP)
TABLE OF CONTENTS
TOC 1-5
PROJEK MASS RAPID TRANSIT LALUAN 2: SYSTEMS WORKS PACKAGE SSP-SY-206: COMM, GIRN, CMTS and ITS
Sungai Buloh – Serdang – Putrajaya (SSP) Table of Contents
Tender No. SSP-MRTC- SS06-OVPR-TEN-00066
VOLUME IV – DRAWINGS
TOC 2-5
PROJEK MASS RAPID TRANSIT LALUAN 2: SYSTEMS WORKS PACKAGE SSP-SY-206: COMM, GIRN, CMTS and ITS
Sungai Buloh – Serdang – Putrajaya (SSP) Table of Contents
Tender No. SSP-MRTC- SS06-OVPR-TEN-00066
TOC 3-5
PROJEK MASS RAPID TRANSIT LALUAN 2: SYSTEMS WORKS PACKAGE SSP-SY-206: COMM, GIRN, CMTS and ITS
Sungai Buloh – Serdang – Putrajaya (SSP) Table of Contents
Tender No. SSP-MRTC- SS06-OVPR-TEN-00066
TOC 4-5
PROJEK MASS RAPID TRANSIT LALUAN 2: SYSTEMS WORKS PACKAGE SSP-SY-206: COMM, GIRN, CMTS and ITS
Sungai Buloh – Serdang – Putrajaya (SSP) Table of Contents
Tender No. SSP-MRTC- SS06-OVPR-TEN-00066
TOC 5-5
PROJEK MASS RAPID TRANSIT LALUAN 2: Systems Works Package SSP-SY-206: COMM, GIRN, CMTS and ITS
Sungai Buloh – Serdang - Putrajaya Volume I - Instruction to Tenderers and Appendices
Tender No. SSP-MRTC-SS06-OVPR-TEN-00066
PROJEK MASS RAPID TRANSIT LALUAN 2: SUNGAI BULOH – SERDANG – PUTRAJAYA (SSP)
SYSTEMS WORKS TENDER NO: SSP-MRTC-SS06-OVPR-TEN-00066
TABLE OF CONTENTS
PROJEK MASS RAPID TRANSIT LALUAN 2: SUNGAI BULOH – SERDANG – PUTRAJAYA (SSP)
SYSTEMS WORKS TENDER NO: SSP-MRTC-SS06-OVPR-TEN-00066
TABLE OF CONTENTS
PROJEK MASS RAPID TRANSIT LALUAN 2: SUNGAI BULOH – SERDANG – PUTRAJAYA (SSP)
SYSTEMS WORKS TENDER NO: SSP-MRTC-SS06-OVPR-TEN-00066
TABLE OF CONTENTS
PROJEK MASS RAPID TRANSIT LALUAN 2: SUNGAI BULOH – SERDANG – PUTRAJAYA (SSP)
SYSTEMS WORKS TENDER NO: SSP-MRTC-SS06-OVPR-TEN-00066
TABLE OF CONTENTS
VOLUME I – INSTRUCTION TO TENDERERS AND APPENDICES
SECTION 1 – INSTRUCTION TO TENDERERS
PROJEK MASS RAPID TRANSIT LALUAN 2: Systems Works Package SSP-SY-206: COMM, GIRN, CMTS and ITS
Sungai Buloh – Serdang – Putrajaya (SSP) Volume I - Instruction to Tenderers and Appendices
Tender No. SSP-MRTC-SS06-OVPR-TEN-00066
1.0 INTRODUCTION
1.1 General
(a) MASS RAPID TRANSIT CORPORATION SDN BHD (“MRT Corp.”), with
Company No. 902884-V, is the Project Owner for the “PROJEK MASS RAPID
TRANSIT LALUAN 2: SUNGAI BULOH – SERDANG – PUTRAJAYA (SSP)” or
herewith shall be referred to as “KVMRT SSP Line project”.
(b) MRT Corp. has appointed MMC GAMUDA KVMRT (PDP SSP) SDN BHD, with
Company No. 1117100-V, to act as the Project Delivery Partner (“PDP”) who
is responsible for the delivery of the fully commissioned KVMRT SSP Line
project.
(d) Tenders for the Works will only be considered from Tenderers who have
been Pre-Qualified by MRT Corp.
(e) The Tenderer shall comply with the conditions set out in this ITT for the
preparation and submission of its Tender. The Tenderer shall be deemed to
have read this ITT thoroughly, as failure to fully comply with the instructions
contained herein may result in disqualification of its Tender Submission.
(b) Four (4) stations constructed under SBK Line, to be transferred for operation
of the SSP Line. These stations are:
1) SBK Station : Kwasa Damansara Station,
2) SBK Station : Kampung Selamat Station;
3) SBK Station : Sungai Buloh Station; and
4) SBK Station : Tun Razak Exchange Station.
(c) The general alignment and locations of the stations and depots are as shown below:
1.3.1 Communications
The communication for KVMRT – SSP Line is to provide the voice, data and video
communications for the SSP Line Assets buildings such as Administration Centres,
Operational and Backup Control Centres, Stations, Depot, Traction Power Sub-
stations (TPSS) and along the railway line.
The system is to be designed for the management and operation of the railway in
providing reliable, high quality and Electro Magnetic Compatibility (EMC)
compatible communication facilities to all users.
1.3.2 Government Integrated Radio Network & Royal Malaysian Police Radio Network
(GIRN)
The provision of GIRN and RMP’s Radio Network infrastructure is to provide radio
coverage for these radio systems in the KVMRT Underground Section to facilitate
management of accidents/incidents, natural disasters and emergencies.
The network infrastructure should support multiple operators and have proper
coverage planning to ensure that all areas within the SSP Line are connected
during their travelling and waiting time.
The ITS is also interfaced and integrated by other railway systems such as
Integrated Control & Supervisory System (ICSS)/ Computerised Maintenance &
Management System (CMMS), Telecommunication Backbone Transmission
Network (BTN) / Wireless Data Communication System (WDCS), Automatic Fare
Collection (AFC) secure data channels.
In addition to that, the ITS will provide the SSP Line personnel with internet
connectivity and also allow for cyber-interaction with customers.
(c) The Tenderer shall take note and allow within its submission for any on-
going and concurrent work(s) undertaken by the MRT Corp.’s Other Works
Contractors during the Contract period.
(d) Any information provided by MRT Corp. during the Tender briefing shall not
relieve the Tenderer from its obligations under the provisions of this Clause
1.5. MRT Corp. and/or PDP give no guarantee as to the accuracy and/or
sufficiency of the information provided, or as to how the same should be
interpreted. The Tenderer shall make use of and interpret the same entirely
at its own risk.
(e) The Tenderer shall be reminded that MRT Corp. reserves the right to invite
the Tenderer to give a full technical presentation after submission of its
Tender with regards to its Key Personnel as part of the selection process for
the successful Tenderer. All costs incurred by the Tenderer for attending the
presentation shall be borne by the Tenderer. The presentation shall be
conducted at Procurement Department of Mass Rapid Transit Corporation
Sdn. Bhd., Level 6, Menara I&P 1, 46 Jalan Dungun, Bukit Damansara,
50490 Kuala Lumpur, Malaysia or as directed by MRT Corp.
VOLUME IV – Drawings
Section 1 General Drawings
Section 2 System Reference Drawings
(b) The documents described in Clause 2.1(a) of this ITT shall hereinafter be
collectively referred to as the “Tender Documents".
(c) The following documents are for information only and shall not form part of
the Contract:
i) This ITT, with the exception of the Forms given in Appendix C which may
form part of the Contract when duly completed.
ii) Illustrative design drawings.
(d) Words, phrases and expressions in this ITT shall bear the same meanings as
defined or used in the Conditions of Contract unless expressly provided to the
contrary.
(b) The documentation fees are non-refundable and shall be used to cover the
cost of lithography and printing.
(c) Upon completion of Purchase of the Tender Documents, the Tenderer shall
acknowledge receipt of the documents/items as detailed in Clause 2.2(a) i)
and ii) using the acknowledgement form provided by MRT Corp. on the day of
the purchase.
(c) Failure to check the completeness of the Tender Documents shall be solely
at the Tenderer’s own risk in its Tender Submission.
2.4 Addenda
(a) Addenda to the Tender Documents may be issued no later than fourteen
(14) Days before the Tender Closing Date (see Clause 6.1 of this ITT) or any
extension to it as advised by MRT Corp., for the purpose of clarification, or
modification made to the Tender Documents. Each Addendum issued shall
be numbered sequentially and distributed to all Tenderers to whom a copy
of the Tender Documents has been issued. Each Tenderer shall acknowledge
receipt of each Addendum by returning the receipt form duly signed. All
Addenda issued shall become part of the Tender Documents.
(b) The Tenderer shall prepare and submit its Tender in compliance with the
Tender Documents and all the Addenda issued.
(b) All Tenderers have been Pre-Qualified based on the proposed entity
structure and major Sub-contractors’ experience submitted at Pre-
Qualification stage. Every effort should be made by the Tenderer to maintain
the same structure as was Pre-Qualified. MRT Corp. has the right to disqualify
any Tenderer should there be any major deviation from the proposed entity
structure.
(d) where the Tenderers may apply their parent company’s technical or
financial capacity to meet the relevant criteria.
3.5 Confidentiality
(a) The Tender Documents issued to the Tenderer are solely for the purpose of
preparation and submission of its Tender. The Tenderer shall, whether or
not it submits a Tender, treat all details included in the Tender Documents
as strictly private and confidential.
(b) The Tenderer shall under no circumstances disclose the Tender Documents
to any third party for any purpose whatsoever other than for the
preparation of its Tender, which shall be limited to releasing only part of the
Tender Documents relevant to the third parties in obtaining a bid for part of
the Works. Notwithstanding that the Tenderer shall secure an equivalent
undertaking of confidentiality from such third parties.
(c) The Tenderer shall sign and submit together with its Tender Form C8 - Non-
Disclosure Agreement as attached in Appendix C of this ITT.
3.6 Anti-Collusion
(a) Subject to Clause 3.11 of this ITT, the Tenderer shall not communicate to any
person other than MRT Corp., the Tender Price or adjust the Tender Price by
arrangement with any other person or make any arrangement with any
other person about whether or not the Tenderer or that other person should
or should not submit a Tender or otherwise collude with any other person in
any manner whatsoever during the tendering process. Any breach or non-
compliance with this Clause 3.6 by the Tenderer shall, without affecting the
Tenderer’s liability for such breach or non-compliance, result in the
disqualification of its Tender.
(b) This Clause 3.6 shall have no application to the Tenderer’s communications
in strict confidence with its own insurers or brokers to obtain an insurance
quotation for computation of the Tender Price (as referred in Volume V –
Pricing Documents) and communications in strict confidence with his
consultants or Sub-contractors to solicit their assistance in the preparation
of its Tender Submission.
(c) The Tenderer shall submit with its Tender a duly signed declaration of non-
collusion in accordance with Form C7 – Form of Declaration of Non-Collusion
attached in Appendix C of this ITT. This Declaration of Non-Collusion Form
shall be signed by the Authorised Signatory in accordance with Clause 3.3 of
this ITT. If the Tenderer is a Joint Venture, the representatives authorised by
each Partner of the Joint Venture shall respectively submit a separate Form
C7 duly signed in accordance with Clause 3.2 of this ITT along with a valid
Power-of-Attorney and/or Board of Director Resolution evidencing their
authorisations to bind the respective Partners of the Joint Venture.
(d) The offer of a bribe, gratification or any other inducement to any person
with the intention to influence the award of the Contract shall result in an
instant disqualification of the Tender. The Tenderer shall complete, sign and
submit Form C5 – Tenderer’s Declaration, as attached in Appendix C of this
ITT.
(e) The Tenderer warrants that it has engaged in no price fixing, bid rigging,
illegal price information exchange agreement or other arrangement in
breach of the Competition Act 2010 (Act 712)
(b) In the event that any Tenderer refuses to extend the Tender Validity Period
when requested by MRT Corp., the Tender submitted by the particular
Tenderer will be disqualified.
3.8 Language
All Tender documents and all correspondence related to this Tender shall be in the
English Language. The non-English document need to be translated to English and
the translated document must be certified by Applicant’s Company Secretary or a
Grade A officer from Government body. The Tenderer’s Key Personnel (who will be
interfacing with the MRT Corp. and Other Works Contractors) shall be fluent in the
English Language.
(b) The Tender Price submitted by the Tenderer shall include all associated costs
and expenses of whatever nature for the Execution of the Works (as
described in the Tender Documents) and shall include any form of financing
or associated financing costs but exclude GST.
(c) The Tenderer shall include in its Tender all taxes, fees, contributions,
charges, royalties, and other duties legally chargeable under the Laws of
Malaysia.
(d) The Tender Price shall not be subject to amendment to reflect changes in
currency exchange rates and/or changes in the cost of labour, plant and
materials for the duration of the Contract period and any extension thereof.
(e) All payments under the Contract shall be made in accordance with the
Conditions of Contract Clause 62 (Certificates and Payments).
For Joint Venture or Consortium Tenderers, at least one (1) Partner must possess
registration with CIDB, under relevant specialisation codes.
(b) The locally incorporated and registered foreign owned company must
comply with the requirements of the Companies Commission of Malaysia
(CCM) and CIDB.
(c) Foreign and International Tenderers who wish to participate in this Tender
shall possess experience in completing works of a similar nature and produce
a certified true copy of their Company’s Incorporation Certificate.
International Tenderers who wish to participate for the Communications,
Government Integrated Radio Network, Commercial Telecom (Infra) and
Information Technology System Works Package shall NEED to obtain its
provisional registration with CIDB Malaysia.
(d) Certified true copies of the CIDB registration shall be submitted as proof in
Envelope 2 of the Tender Submission.
(b) The Tenderer shall bear all costs and expenses incurred with the preparation
and submission of its Tender and shall not be reimbursed for any costs or
expenses incurred of any nature whatsoever.
(c) The Tenderer shall be deemed to be familiar with all the relevant laws, by-
laws and regulations and current construction practices in Malaysia. The
Tenderer shall be solely responsible for obtaining all necessary licenses,
permits, qualifications, right to use patent, and other statutory and legal
approval for the performance of the Works.
(d) The Tenderer must include in its Tender all taxes, fees, contributions,
charges, royalties, and other duties legally chargeable under the Laws of
Malaysia.
Over and above the definition reiterated in Clause 3.15(b), MRT Corp. and PDP
shall recognise the Bumiputera Status Certificate issued by the Ministry of Finance
(MoF) Malaysia or “Sijil Taraf Bumiputera” (STB) issued by Pusat Khidmat
Kontraktor and/or Bahagian Pembangunan Kontraktor Dan Usahawan as a valid
certification for status accorded to the registered Contractor.
(c) MRT Corp./PDP will use CONPAS records for the technical evaluation of
future tenders. WPCs (see Clause 8.1 of this ITT) that consistently provide
quality, on-time delivery and cost control in conformance with contract
requirements will achieve higher scores and will have added advantage in
future tenders.
(d) MRT Corp. will not entertain any verbal request made by a Tenderer for any
clarification/information. All communications shall be in writing.
(e) In the event that a clarification of, or a rectification to the Tender Documents
is required in the opinion of MRT Corp., an official addendum will be issued.
(f) The Tender submitted should take into account all addenda issued by MRT
Corp. It is the responsibility of the Tenderer to ensure that its Tender
includes all MRT Corp.’s requirements pursuant to the Tender Documents
and addenda issued by MRT Corp.
(g) MRT Corp. shall not be responsible for any delay arising to the Tenderer out
of the aforesaid which may result in the Tenderer's inability to meet the
deadline for submission of its Tender.
(b) All Tenderers shall fully understand and accept that they shall have no legal
recourse against MRT Corp., its employees and/or agent for such annulment
and/or rejection in any respect whatsoever.
(c) All Tenderers should note that MRT Corp. is not bound to accept the lowest
Tender Price.
(b) Any such information furnished shall not relieve the Tenderer of its
obligations under the provisions of this ITT. MRT Corp. and the PDP give no
guarantee as to the accuracy or sufficiency of the information, or as to how
the same should be interpreted or otherwise howsoever and the Tenderer
shall make use of and interpret the same entirely at its own risk.
(c) If any of the Forms require attachments, the attachments shall be clearly
marked (e.g: Attachment 1 to Form A, Attachment 2 to Form A, etc).
(d) The Tenderer shall not mark any of the envelopes with their company name
or logo or any other marking other than that specified above.
(e) The Tenderer shall note that no information relating to commercial matters
shall be included in the Technical Submission and such information if so
included shall not be considered either in the technical or commercial
evaluation.
(b) In the event of any discrepancy between the Original and the Duplicate
copies of the Tender submission, the contents of the Duplicate shall be
deemed to be correct.
(b) The Tender Bond shall be retained until its expiry or until such earlier time as
a Tender shall have been definitively accepted, thereafter the Tender Bond
shall be returned to the unsuccessful Tenderers without interest. In the case
of the Successful Tenderer (see Clause 8.1 of this ITT), the Tender Bond shall
be retained until the Articles of Agreement have been duly executed and the
Performance Bond referred to Clause 12 of the Conditions of Contract has
been deposited.
(c) Without prejudice to any other rights which MRT Corp. may possess, the
Tender Bond shall be called upon under the following circumstances:-
i) A Tenderer who withdraws its Tender during the Tender Validity Period
(or any extension to the Tender Validity Period).
ii) A Tenderer who submits falsified information and/or falsified
signature(s).
iii) A Tenderer who does not accept a correction to its Tender Price
pursuant to Clause 6.9.2(c) of this ITT.
iv) In the event of its Tender having been accepted, the Successful
Tenderer refuses or fails to execute the formal Contract with MRT
Corp. and the PDP, or refuses to deposit the Performance Bond as
required by the Contract within the stipulated period.
v) A Tender which has been disqualified pursuant to Clause 3.6(d) of this
ITT.
(d) The Tender Bond will be returned without interest upon the expiry of Tender
Validity Period or any extension to it under the following circumstances:-
i) Late Tender.
ii) Disqualification and/or rejection of Tender in accordance to Clause
1.5(a), 6.6.1 and 7.1.
iii) A Tenderer who fails to fulfil other stipulated Tender requirements
and/or is disqualified for other reasons than specified in Clause
6.6.2(c) and 6.6.2(d) i) and ii) of this ITT.
(e) If in the opinion of MRT Corp., the award of the Contract to the Successful
Tenderer for whatever reason takes longer than one hundred and eighty
(180) Days from the Tender Closing Date, MRT Corp. shall notify the
Tenderers not later than thirty (30) Days prior to the expiration of the
Tender Bond and request the Tenderer to extend the Tender Bond for a
further period as required by MRT Corp. The extension of the Tender Bond
shall be at no cost to MRT Corp. and such Tender Bond shall be submitted at
least five (5) Days prior to the expiration of validity of the original Tender
Bond.
(b) Average Net Profit / Turnover Ratio over the last five (5) years shall be
positive.
(b) The Commercial Submission shall also conform to the requirements of the
Pricing Document (see Volume V of the Tender Documents).
(b) For a Joint Venture/Consortium, the procedure set out in Clause 6.9.2(a) of
this ITT shall be completed by the Authorised Signatory of each Partner of
the Joint Venture/Consortium as set out in Clause 3.2 of this ITT.
(c) The Tenderer shall fill in the total Tender Price in the Form of Tender. In the
event of discrepancy, the amount set out in the Form of Tender shall take
precedence over the total amount in the Pricing Summary. Where there is a
discrepancy between the written figures and the written words of the
Tender Price in the Form of Tender, the written words shall prevail over the
written figures.
(d) The Form of Tender shall be completed and no change shall be made to the
wordings thereof. Any correction to the information filled in by the Tenderer
in the Form of Tender shall be made clearly and initialled by the Tenderer's
Authorised Signatory signing the Form of Tender. Amendments written over
the original wording will not be accepted.
(e) For a Joint Venture/Consortium, the procedure set out in Clause 6.9.2(d) of
this ITT shall be completed by the Authorised Signatory of each Partner of
the Joint Venture/Consortium.
(f) The Form of Tender will be considered to be incomplete and the Tender’s
Submission will be disqualified if:
i) There is no Tender Price in either numeric or words in the Form of
Tender and/or
ii) The Tenderer’s Authorised Signatory including Joint Venture or
Consortium failed to sign the Form of Tender.
(b) The Tenderer shall note that with the exception of those items of work in the
Schedule of Provisional Sums (if any), this Contract is a Fixed Price Lump Sum
Contract in Ringgit Malaysia (RM). There shall be no adjustment for price or
currency fluctuation. The lump sum price included in the Tender Price, in
respect of such quantities of work or materials, goods and services to be
supplied, shall not be recalculated or adjusted in the event that the actual
quantities of work or materials, goods and services to be supplied differ from
any estimated quantities of work or materials, goods and services to be
supplied as provided in the Pricing Make Up.
(c) Every page of the Pricing Document shall be duly completed and initialled by
the Tenderer’s Authorised Signatory. The Pricing Summary total shall be
carried forward to the Form of Tender.
(d) For a Joint Venture/Consortium, the initialling shall be carried out by the
Authorised Signatory of each Partner of the Joint Venture/Consortium.
(e) Tenderers shall complete the "Quantity", “Rate” and "Amount" columns so
that the Pricing Make Up accords with the total amount entered into the
Pricing Summary. However, any quantities provided in the Pricing Make-Up,
unless otherwise stated, are for information only and shall not be deemed to
define the scope of works.
(f) In addition to the Original and Duplicates required in Clause 6.4 of this ITT,
the Tenderer shall also enter the price into the softcopy of the Pricing
Document (contained in the DVD as per Clause 2.2(a)ii) of this ITT) using the
latest version of Excel format and submit the same together with the
Original and Duplicate copies in respective Envelope 6 - Commercial
Submission. In the event of any discrepancy, the price quoted in the
hardcopy of the Pricing Document shall prevail over the softcopy of the
same.
(g) The Tenderer is required to satisfy itself in respect of the accuracy of any
indicative quantities provided with the Tender. Other than as expressly
provided in the Contract, no claim for additional sums or time shall be
entertained by MRT Corp./PDP for any changes in quantities.
(h) Adjustments
Any arithmetical error or omission in the Pricing Document shall be rectified
before the acceptance of the Tender (in the case where there is a
discrepancy between any rate and its relevant amount, the rate is corrected
and adjusted so that, when correctly calculated, the total amount in the
Pricing Summary shall represent the same amount as the tender amount in
the Form of Tender). The Tender amount shown in the Form of Tender shall
remain unaltered but the net aggregate amount of the difference between
the total adjusted amount in the Pricing Summary and the tender amount
shown in the Form of Tender, whether a net deduction or net addition, shall
be calculated as a percentage of the total adjusted amount shown in the
Pricing Summary and all rates and/or prices throughout the Pricing Make Up
shall be subjected to such percentage discounts or premiums as the case
may be.
(b) The Tenderer is required to complete and provide exhaustive list for the
Permanent Works using the Form C14 – List of Imported Machinery,
Equipment and Materials for Permanent Works (Imported Items) as attached
in Appendix C.
(c) The Tender Sum is deemed to include all duties and taxes except those items
with specific quantity provided in the Approved List of Import Duties
Exemption.
(b) Should the Tenderer wish to submit an alternative tender, he shall submit in
respect of each alternative tender:
i) Form of Tender in the exact format (Form C1 – as attached in Appendix
C of this ITT) that is required for the conforming Tender Submission;
ii) drawings, written explanations, detailed calculations and other
supporting evidence necessary to enable MRT Corp./PDP to fully assess
the technical acceptability of the alternative tender and its effect on
time for completion and cost of the Works, including the identity of any
provision of the Tender Documents in respect of which the alternative
tender would not comply, and the advantages and disadvantage of such
alternative provisions;
iii) any other information in relation to the alternative tender (if any), that
varies from the information provided in Envelope 5 of the conforming
Tender Submission; and
iv) proposed Access Dates, if different from those provided for in the
Particular Specification.
(c) Should the Tenderer wish to submit (in addition to those items noted above),
a specific programme improvement schedule, it shall submit full details of the
impact on the Milestone Dates and alternative Interim Payment Schedule
(IPS), and shall indicate the cost impact over the conforming Tender.
(d) Any alternative tender shall be submitted in the same manner as described in
Clause 6 of this ITT provided that it shall be endorsed “Alternative Tender for
(Project Name)”. If more than one (1) alternative tender is submitted, each
submission shall be numbered sequentially (e.g. “Alternative Tender for
(Project Name) No. 1”, etc.).
(e) The information pertaining to Clause 6.10 (b) ii), iii), and iv); and 6.10(d) (if
any) of this ITT shall be included in Envelope 5 (Technical Submission) of the
alternative Tender submission.
(b) The Tenderer shall submit its Industrial Collaboration Programme proposal in
Envelope 3 (ICP Submission) in accordance with the requirements detailed in
Volume VI of the Tender Document to enable MRT Corp., PDP and
Technology Depository Agency (TDA) to fully assess the acceptability of the
Industrial Collaboration Programme and its effect (if any) to the conforming
Tender.
(c) The Tenderer shall take note that the Successful Tenderer will need to
provide detailed ICP implementation plan and the expected outcomes and
deliverables in the 1st Tier ICP Agreement as attached in Volume VI of the
Tender Document. The signing of the 1st Tier ICP Agreement must be signed
at the same time as the Letter of Acceptance for this System Works
Package.
(b) Any Tenderer that has not complied with all the foregoing instructions
and/or where the Tenderer neglects, refuses or fails to submit the required
information or submits inadequate, incorrect, inaccurate or misleading
information, (without limitation) may result in its Tender being disqualified.
(c) A Tender will not be considered and will be disqualified if the Tenderer does
not meet one (1) or more of the following (without limitation to all other
requirements in this ITT) :-
i) Fails to submit the complete Basic Documents.
ii) Fails to submit and/or complete the Form of Tender.
iii) Does not achieve or exceed the pass mark for the technical
components.
iv) Fails to submit the Parent Company Guarantee in the format of Form
C13
v) Fails to submit the ICP proposal.
vi) Does not fully comply with all instructions and requirements.
vii) Qualifies its Tender.
(b) The Tenderer shall forthwith reply in writing to the request for clarification
together with substantiation documents (if any) via facsimile transmission
(telefax) addressed to Procurement Department at fax number “+6 03-2095
2121 AND copied to PDP’s Office via facsimile transmission (telefax)
addressed to MMC Gamuda KVMRT (PDP SSP) Sdn. Bhd. at fax number +6
03-7722 3042 for the attention of the Contracts Director AND to be followed
by a hard copy submission via registered post to the address – Procurement
Department of Mass Rapid Transit Corporation Sdn. Bhd., Level 6, Menara
I&P 1, 46 Jalan Dungun, Bukit Damansara, 50490 Kuala Lumpur, Malaysia.
(d) The Tenderer's clarifications and/or answers to any queries by MRT Corp.
shall be signed by the Tenderer’s Authorised Signatory and shall become part
of its Tender Submission. In the event that the Tenderer is a Joint
Venture/Consortium, the clarifications and /or answers to any queries by
MRT Corp shall be signed by the Authorised Signatory of each Partner, and
shall become part of its Tender Submission.
Only Tenderers who passed the screening of the Basic Documents and ICP
proposal submissions will have their Technical and Financial Submissions
opened and evaluated next.
• Only those who have not been involved in any contract non-
performance in the last ten (10) years shall be considered at this
stage.
(b) Alternative Tenders submitted (if any) will undergo the same evaluation
process outlined in Clause 7.5(a) i) to iv); provided that the Tenderer
submitted a conforming Tender and meet the requirements as set out in
Clause 6.10 of this ITT.
(b) The WPC shall return the duly counter-signed copy of the LOA to MRT Corp.
together with the valid Power-of-Attorney and/or Board of Director
Resolution in favour of the signatory to the Contract, if the latter is not the
Authorised Signatory to the Tender.
(c) The PDP reserves the right to instruct the WPC to rationalise the rates in the
Schedule of Rates, in accordance with the market rates, prior to award of the
Contract.
(d) Prior to the commencement of the Works, the WPC shall submit to PDP a
Performance Bond in accordance with the Conditions of Contract Clause 12
(Performance Security).
(e) The WPC shall sign the Articles of Agreement within three (3) Months from
the date of the issue of the LOA. MRT Corp. and the PDP will be the
signatories to the Articles of Agreement and to the Contract.
(f) In the event that the WPC fails or neglects to execute the Articles of
Agreement within three (3) Months from the date of the LOA, the Contract
shall be deemed to be terminated and MRT Corp. shall not be liable to the
WPC for any cost, expense, losses, damages and/or any other type of claims
whatsoever arising thereto. In this respect the WPC shall be liable for all
costs and expenses incurred, including losses and damages suffered by MRT
Corp.
(g) In the event that the WPC fails or neglects to execute the Articles of
Agreement within three (3) Months from the date of the LOA, the Contract
shall be deemed to be terminated and the PDP shall not be liable to the WPC
for any cost, expense, losses, damages and/or any other type of claims
whatsoever arising thereto. In this respect, the WPC shall be liable for all
costs, expenses, losses and/or damages of any types incurred and/or
suffered by the PDP.
(h) Where the Tenderer, or a constituent part of the Tenderer (where the Tenderer is a Joint
Venture/Consortium), is carrying on business in Malaysia as a branch subsidiary associated
or affiliated company of a company registered and/or incorporated within and/or outside of
Malaysia, the Tenderer or the relevant constituent part will be required to provide a Parent
Company Guarantee in the format prescribed by the PDP.
(b) MRT Corp. shall pay for the stamp duty imposed on the Contract.
(b) If the WPC, having regard to its liability to indemnify MRT Corp. under the
Contract is desirous to have additional coverage to the policies on the risks
specified, the WPC shall do so at its own cost and expense as set out in the
Conditions of Contract Clause 71.2 (Other Insurances).
APPENDIX A
APPENDIX B
APPENDIX C
FORMS C1 TO C15
PROJEK MASS RAPID TRANSIT LALAUN 2: Systems Works Package SSP-SY-206: COMM, GIRN, CMTS and ITS
Sungai Buloh – Serdang – Putrajaya (SSP) Volume I - Instruction to Tenderers and Appendices
Tender No. SSP-MRTC-SS06-OVPR-TEN-00066
APPENDIX A
APPENDIX A1
Note: MRT Corp. gives no warranty as to the completeness of Appendix A1 Contents
Checklist and it is the Tenderer’s responsibility to ensure that it fulfils all Tender
requirements in its Tender Submission.
A copy of the below checklist shall be duly completed and enclosed in Envelope 1 of the
Tender Submission.
APPENDIX A2
Note: MRT Corp. gives no warranty as to the completeness of Appendix A2 Contents
Checklist and it is the Tenderer’s responsibility to ensure that it fulfils all Tender
requirements in its Tender Submission.
A copy of the below checklist shall be duly completed and enclosed in Envelope 2 of the
Tender Submission.
APPENDIX A3
Note: MRT Corp. gives no warranty as to the completeness of Appendix A3 contents
checklist and it is the Tenderer’s responsibility to ensure that it fulfils all Tender
requirements in its Tender Submission.
A copy of the below checklist shall be duly completed and enclosed in Envelope 3 of the
Tender Submission.
Please list below documents submitted that form part of the Industrial Collaboration
Programme (ICP) Submission
1.
2.
3.
4.
5.
APPENDIX A4
Note: MRT Corp. gives no warranty as to the completeness of Appendix A4 contents
checklist and it is the Tenderer’s responsibility to ensure that it fulfils all Tender
requirements in its Tender Submission.
A copy of the below checklist shall be duly completed and enclosed in Envelope 4 of
the Tender Submission.
APPENDIX A5
Note: MRT Corp. gives no warranty as to the completeness of Appendix A5 contents
checklist and it is the Tenderer’s responsibility to ensure that it fulfils all Tender
requirements in its Tender Submission.
A copy of the below checklist shall be duly completed and enclosed in Envelope 6 of
the Tender Submission.
APPENDIX B
In addition to the items listed in the table below, the Tenderer is required to list all other
items or documents to be submitted as part of the Technical Submission, in the same
format specified herein.
A copy of the below checklist shall be duly completed and enclosed in Envelope 5 of the
Tender submission.
10. Form T.9 – Quality Assurance and Safety, Health and Environmental
(SHE) Assurance
The following shall be the basis for the Tenderer in preparing and compiling their
Technical Submission.
Form T.9 Quality Assurance and Safety, Health and Environmental (SHE) Assurance
(b) For each and every paragraph of the Particular Specification except for
Chapter 2, and all these appendices except for Appendix B, the Tenderer
shall enter the statement “We comply” in the “Compliance” column of the
table. If appropriate, the Tenderer shall provide further comment in the
“Substantiation” column to demonstrate how the Tenderer intends to
comply with the requirement. Substantiation may be by reference to other
documentation submitted as part of the Tender Submission. In such case,
a precise reference must be given to the Paragraph that substantiates the
compliance.
(c) In the event that conflicting requirements are identified, the Tenderer shall
seek clarification from the PDP in accordance with Paragraph 4.1 of the
ITT, before Tender closing. Conflicting requirements shall not form a
justification for claiming non-compliance.
(d) The Tenderer should note that they shall submit a fully compliant Tender
as set out in other sections of this Instruction to Tenderers. Failure to
comply might render the Tender not being evaluated.
Scope of Works
Coverage
Quantities
Correctness
Capacity
Design
Functional Requirements
Design Requirements
Interface and Integration Requirements
Performance Requirements
Installation, T&C and Operation Readiness
Installation
Testing & Commissioning
(a) The Tenderer shall give a full technical description of the proposed
technical solution and its achievable performance level in a top-down
manner. The Tenderer shall start from the level of the entire PS & DS and
then breaking down into individual Subsystems describing the technical
solution proposed for each of the Subsystems and what will be their
respective performance standards achievable. Appendix to this Form T.2
outlines the minimum coverage of the Technical Proposal.
(b) The Tenderer shall illustrate to what standard the overall Communications,
Government Integrated Radio Network, Commercial Telecom (Infra) and
Information Technology System are proposed. The Tenderer shall indicate
whether the achievable standard is superior, meeting or inferior to the
respective specified standards. The performance standards cited to be
achievable shall be justified with analysis, tests or track records as follows:
i. Operation Performance (proposed solution meeting the
performance objective and requirement in the specification);
ii. System Performance (reliability, availability, maintainability &
safety);
iii. Track record with capability to hand complex migrations and
phase opening.
(c) The Tenderer shall provide a list of major projects undertaken and similar
Systems/products that have been in service or tested in the last ten (10)
years which are similar in size and scope.
1 INTRODUCTION
1.1 The Technical Proposal submitted by the Tenderer shall be based on the requirements
as stipulated in the Tender Documents, including but not limited to the General
Specification (GS) and the Particular Specification (PS).
1.2 The Tenderer shall provide the technical information as specified in the following
Paragraph 2 to 10 inclusive of this Appendix to Form T.2, to elaborate on their
Technical Proposal. The information specified below is the minimum to be provided
to facilitate the evaluation of the Technical Proposal. The Tenderer can submit
additional information which will aid in the understanding of their Technical Proposal.
2 TECHNICAL SUMMARY
2.1 A short technical summary shall be provided, detailing the key technical features of
the Tenderer’s proposal, including a list of the main suppliers. The summary should
highlight any major area where the Tenderer's offer is novel, innovative or otherwise
exceeds the specified minimum requirements.
3 SYSTEM PROPOSALS
3.1 The Tenderer shall provide the following:
(a) A functional description of the Communications, Government Integrated Radio
Network, Commercial Telecom (Infra) and Information Technology System
proposed for this Contract which shall include System architecture diagrams
showing the Equipment and their interconnections and the external connections
to the interfacing equipment. An functional description for the individual
Subsystems will also be required;
(d) A clear understanding of the Scope of Works, the WPC’s responsibilities in the
design of the Works, physical interfaces, civil provisions, and all interface issues
with Other Works Contractors and the PDP;
(e) A clear understanding of the key challenges and likely interface problems of this
Contract and outline resolutions to effectively deal with them;
(f) An outline of the proposed time frame for the submission of technical
information, and a list of what will be included for each submission;
(h) An overview of the Tenderer’s development process for the System, hardware
and software;
(k) Description of the design, installation, testing & commissioning methodology for
integration with the works of the Other Works Contractors;
(m) A Technical Specification with brochures of major hardware and software; and
4. PERFORMANCE REQUIREMENTS
4.1 RAM Performance
4.1.1 The Tenderer shall submit calculations to demonstrate that the service
reliability criteria and requirements stipulated in the GS and PS can be
achieved. All assumptions shall be stated and justified.
4.1.2 The Tenderer shall submit calculations to demonstrate how the availability
requirements as stipulated in the GS and PS will be met. All assumptions
regarding the impact of failures causing interruption to the systems shall be
stated and justified.
4.1.3 The Tenderer shall submit calculations to demonstrate how the maintainability
targets as stipulated in the GS and PS can be achieved. All assumptions shall be
stated and justified.
4.3.2 The Tenderer shall provide a description of their approach and methodology
for the Systems design and describe, with substantiation, how the system
performance requirements as stipulated in the GS and PS can be achieved.
4.3.3 The Tenderer shall provide details of the technical particulars of the Equipment
offered in compliance with the performance requirements specified in the GS
and PS.
Where Commercial Off The Shelf or proven in service Software is proposed, the
supplier shall indicate the previous installations of the software including year
of commissioning.
5. SYSTEM REQUIREMENTS
5.1 The Tenderer shall demonstrate compliance with the system requirements of the PS
through a requirement tracking document linking the PS requirements to the
functional description provided under Form T.2, paragraph 3.1 above. This may be
combined with the compliance statement provided under Form T. 1.
6. DESIGN REQUIREMENTS
6.1 The Tenderer shall demonstrate the proposed Communications, Government
Integrated Radio Network, Commercial Telecom (Infra) and Information Technology
System to be field proven with applicable references.
6.2 The Tenderer shall describe the design activities to be undertaken for the Works,
including the design interface work with Other Works Contractors.
6.3 The Tenderer shall explicitly state what aspects of the Works are covered in the
conceptual, preliminary and final design stage and the subsequent submissions, for
the Communications, Government Integrated Radio Network, Commercial Telecom
(Infra) and Information Technology System.
6.4.2 The Tenderer shall submit factory certificates in support of the claim of the
design life of Equipment as listed in the hierarchy.
6.5 The Tenderer shall describe the System scalability and spare capacity including
maximum expandable size, upgrade and backward compatibility.
7 INSTALLATION
7.1 The Tenderer shall propose details on cables, cable termination and earthing
arrangements, including but not limited to:
(a) Types and specification of the various cables and accessories proposed to be
used;
(b) Cable termination;
(c) Conformity to cable and cabling standards;
(d) Surge protection;
(e) Earthing arrangement; and
(f) EMC considerations.
7.2 The Tenderer shall propose details of Equipment, Equipment mounting and power
supply arrangements, including but not limited to:
(a) Types and specification of the various Equipment and accessories proposed to
be used;
(b) Equipment mounting;
(c) Approach to match with architectural finishes;
(d) Preliminary electrical distribution schematics;
(e) The Uninterruptible Power Supply shall be provided by Civil (Elevated Sections)
or Civil (Underground) under the respective M&E contracts; and
(f) Earthing arrangements to include protection against touch and step potentials
hazard.
7.3 The Tenderer shall propose the methodology to demonstrate their experience and
understanding of the requirements and good practices for railway related installation
in the following areas:
(a) Elevated Stations;
(b) Underground Stations;
(c) Tunnels; and
(d) Viaducts
(e) Depots and Control Centres
7.4 The Tenderer shall demonstrate how the installation design and the proposed
Equipment and Materials comply with the space requirements specified in the GS and
PS.
8.2 The Tenderer shall provide details of how it proposes to verify that the
Communications, Government Integrated Radio Network, Commercial Telecom (Infra)
and Information Technology System meet the performance requirements specified in
the GS and PS.
8.3 The Tenderer shall also provide details of their proposed coordination with the Other
Works Contractors.
(c) The Tenderer shall indicate reasonable duration for each of the activities;
and logical sequence between various activities.
(d) The Programme shall identify the resulting critical path and floats
adequate to contain the programme risk within comfortable level.
Measures to control any slippage to the completion of activities on the
critical path shall also be explored and shown.
(e) The Tenderer shall illustrate the resources (man, machine, materials,
spaces and facilities) available and committed to support this Programme.
(f) The Tenderer shall show a Project S-Curve for each individual or respective
sub-system.
(g) The Programme shall also indicate the dates and periods relating to the
interfaces with the work of Other Works Contractors and show
submissions for review and review periods for all major documentation
required by the Contract.
(j) The Tenderer shall demonstrate his ability and commitment to meet the
Key Dates. The Tenderer shall outline approaches on how to achieve such
dates including but not limited to procurement strategy, design strategy,
materials management system, installation strategy, and testing and
commissioning strategy.
(d) The Plan shall illustrate a sound methodology to ensure seamless and
compatible interfaces.
(e) The Plan shall eventually demonstrate how the entire integrated Systems
to be provided are able to meet the various requirements of the
Specification.
(f) The Plan shall explicitly describe the methodology and approach to
coordinate and interface with Other Works Contractors to facilitate the
provision of fully integrated Systems. Past working experience on
interfacing with Other Works Contractors shall be given.
(a) The Tenderer shall submit a Project Execution Plan which describes clearly
how the Project execution is proposed to be managed and implemented.
In the case of a joint venture, the involvement of each of the Joint Venture
Partner shall be clearly described and the approximately value of the
tender that they are responsible for. If part of the work is outsourced, the
Sub-Contractors or Suppliers shall be identified and proof of their
engagement shall be submitted together with the approximate value of
the sub-contract or supply. The involvement of these identified Sub-
Contractors or Suppliers will be incorporated into the Contract of the
successful Tenderer.
(b) The Project Execution Plan shall cover each of the following activities:
Project Management
Design development, control and verification
Manufacture
Installation on-site
Testing and Commissioning off-site and on-site
(b) The names of the individuals should correspond with the resumes
submitted under Form T.7 below. The proposed locations of Key Personnel
should be indicated in the title block of the Organisation Chart for each
proposed position including their expected involvement in the Contract in
terms of percentage of their time.
(c) The Tenderer shall provide a list of the vendors and suppliers which the
Tenderer proposes to employ for major components of the Works.
(a) The Tenderer shall nominate Key Personnel at Director and Manager levels
(with CVs provided) responsible for the following key areas:
Project Management
System Interfaces
Integration with Other Works Contractors
Design
Procurement
SHE Personnel
Installation
Testing & Commissioning
O&M Training and Manuals
Maintenance
(c) Nominated Key Personnel who have been accepted by MRT Corp./PDP will
be incorporated into the Contract of the successful Tenderer.
Replacements will not be acceptable unless equal or better candidate is
provided, and the PDP’s prior written approval has been obtained.
(a) The Tenderer shall submit a Preliminary Maintenance Plan describing the
arrangement for provisions of full maintenance services and support
during the Defects Liability Period (DLP) and a Maintenance Proposal for
the maintenance service option after the DLP, as described in the GS and
PS.
(b) The Preliminary Maintenance Plan shall clearly describe the following
aspects:
Description of the maintenance services;
Maintenance requirements and necessary tasks for first line, second
line, third line and corrective maintenance, including frequency of
each maintenance task;
Labour, technical personnel, material, documentation, spares, parts
and equipment for first, second and third line maintenance;
Organisation and manpower;
Maintenance philosophy detailing how preventive, reactive, condition
based and risk based maintenance approaches etc. will be applied to
the maintenance of the System and its components;
Logistics management for spares and repairs; and
Arrangements for handover to the PDP and the future Operation and
Maintenance organisation after expiration of the contracted
maintenance services
(c) The Tenderer shall provide a Contract Spares List in their Tender
Submission which shall be considered as essential to ensure that the PDP
will have sufficient spares to deliver the required service performance
after expiration of the maintenance services by the WPC.
(d) The Tenderer shall provide an estimation of the period that the proposed
quantity of spares will be able to support the maintenance of the
Communications, Government Integrated Radio Network, Commercial
Telecom (Infra) and Information Technology System. The Tenderer shall
submit a list of Contract Spares, including quantities and the estimated
period that the quantities will be able to support maintenance, in a tabular
format.
(e) The Tenderer shall describe the maintenance services to be provided for
the maintenance contract (option for maintenance services after DLP) as a
maintenance proposal in the Preliminary Maintenance Plan.
(f) The Tenderer shall provide track records showing his past experience in
maintenance of systems of a similar scale and application.
SSP-PDP2-SS06-OVPR-TEN-000048 TSG-17 of 18 Revision: 00
PROJEK MASS RAPID TRANSIT LALUAN 2: Systems Works Package SSP-SY-206: COMM, GIRN, CMTS and ITS
Sungai Buloh – Serdang – Putrajaya (SSP) Volume I - Instruction to Tenderers and Appendices
Tender No. SSP-MRTC-SS06-OVPR-TEN-00066 Appendix B2 – Technical Submission Guidelines
Form T.9 – QUALITY ASSURANCE AND SAFETY, HEALTH AND ENVIRONMENTAL (SHE)
ASSURANCE
(a) The Tenderer shall describe and commit to a strong and effective Quality
Assurance organisation and implement a set of Quality Assurance policies
and procedures to ensure that the high quality standards expected for the
Communications, Government Integrated Radio Network, Commercial
Telecom (Infra) and Information Technology System to be delivered, are
achievable.
(b) The Tenderer shall provide a detailed Safety and Health Register that
covers specific challenges relevant to Communications, Government
Integrated Radio Network, Commercial Telecom (Infra) and Information
Technology System Works Package at each of the stages from delivery,
installation, testing and commissioning. The risk register shall include but
not be limited to the following:
Identification of Hazards
Assessment and ranking of risks
Control measures
(c) The Tenderer shall provide a project specific Safety and Health Plan based
upon the findings in the risk register, which details the arrangement of a
Safety and Health management system for the project. The Safety and
Health Plan shall include but not be limited to the following:
Safety and Health Policy signed by the Managing Director
An Organisation Chart detailing the Safety and Health responsibilities
of the Management and Key Personnel listed in Form T.6
Arrangement to enable safety system of work
List of Key Procedures to be developed
Proposed training packages to be developed
APPENDIX C
FORMS
Form C1 - Form of Tender
Form C2 - Form of Tender Bond
Form C3 - Statement of Compliance
Form C4a - Form of Tender Clarification (Technical)
Form C4b - Form of Tender Clarification (Commercial)
Form C5 - Tenderer’s Declaration
Form C6 - Letter of Certification
Form C7 - Declaration of Non-Collusion
Form C8 - Non-Disclosure Agreement
Form C9 - Bumiputera Participation
Form C10 - Financial Data
Form C11 - Letter from Bank / Financial Institution on Financial
Capability of the Tender
Form C12 - Consent and Authorisation for Disclosure of Credit
Information
Form C13 - Form of Parent Company Guarantee (Tenderer’s letterhead)
Form C14 - List of Imported Machinery, Equipment and Materials for
Permanent Works (Imported Items)
Form C15 - Contract Non-Performance and Litigation
PROJEK MASS RAPID TRANSIT LALUAN 2: Systems Works Package SSP-SY-206: COMM, GIRN, CMTS and ITS
Sungai Buloh – Serdang – Putrajaya (SSP) Volume I - Instruction to Tenderers and Appendices
Tender No. SSP-MRTC-SS06-OVPR-TEN-00066 Appendix C – Forms
FORM OF TENDER
To: MASS RAPID TRANSIT CORPORATION SDN. BHD. (MRT CORP.) (902884V)
Procurement Department
Level 6, Menara I & P 1,
46 Jalan Dungun,
Bukit Damansara,
50490 Kuala Lumpur,
Malaysia.
We, [ insert Tenderer's Name ] whose registered office is situated at [ insert Tenderer's
Address ] having examined the Articles of Agreement, Conditions of Contract including
the Appendices annexed thereto, the Specifications, Drawings, Pricing Documents and
other documents forming part of the Tender Documents and any addenda thereto, for
the execution of SYSTEMS WORKS PACKAGE (ENGINEERING, PROCUREMENT,
CONSTRUCTION, TESTING & COMMISSIONING OF COMMUNICATIONS, GOVERNMENT
INTEGRATED RADIO NETWORK, COMMERCIAL TELECOM (INFRA) AND INFORMATION
TECHNOLOGY SYSTEM) (“the Works”), hereby offer to enter into the Articles of
Agreement and to undertake to carry out the whole of the Works in conformity with the
Articles of Agreement, Conditions of Contract including Appendices annexed thereto, the
Specifications, Drawings, Pricing Documents and any other supplementary documents
thereto, all of which are attached to this Form of Tender, for the total sum of Ringgit
Malaysia:_______________________________________________________________
_______________________________________________________________________
___________________________(RM___________________________) or such other
sum as may be ascertained in accordance with the said Conditions of Contract and to
complete the whole of the Works on or before the Date for Line Completion as stated in
Appendix 1 of the Conditions of Contract (or such extended time as may be allowed
under Clause 44 (Procedure for Extension of Time) of the Conditions of Contract).
2. By this Tender we hereby further offer, required by MRT Corp. to obtain and deliver
(in accordance with the provisions of Clause 12 (Performance Security) of the
Conditions of Contract), an on-demand bank guarantee in favour of the PDP in the
form set out in Appendix 2 (Form of Performance Bond) of the Conditions of Contract
issued by a First Tier Bank set out in Appendix 12 (List of Approved First Tier Banks) of
the Conditions of Contract for a sum equivalent to ten percent (10%) of the Contract
Sum to secure the due performance of our obligations under the Contract .
(a) Upon acceptance of this Tender by MRT Corp., we shall be contractually obliged
to execute and deliver to MRT Corp. the Articles of Agreement together with:-
(b) Notwithstanding such acceptance, if we fail to comply fully with our obligations
under Clause 2 of this Form of Tender prior to the commencement of the Works
and in accordance with Clause 12 (Performance Security) of the Conditions of
Contract or we fail to execute and deliver to MRT Corp. the Articles of Agreement
together with the attachments thereto referred to in Clause 3(a) of this Form of
Tender duly signed where required, MRT Corp. may at any time terminate its
acceptance of this Tender or any other contract otherwise in force between us
(the Tenderer and MRT Corp.) by giving written notice to us (the Tenderer). There
shall have no claim whatsoever against MRT Corp for any loss, costs, damages,
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Sungai Buloh – Serdang – Putrajaya (SSP) Volume I - Instruction to Tenderers and Appendices
Tender No. SSP-MRTC-SS06-OVPR-TEN-00066 Appendix C – Forms
5. We undertake to hold all information relating to the Works, the Invitation to Tender
and this Tender, in strict confidence until we receive MRT Corp.’s policy regarding the
release of such information and we shall comply with such policy.
6. This Tender shall remain valid and open for acceptance by MRT Corp. up to and
including the Day which is one hundred and eighty (180) Days (and any extension
thereof) after the due date of the submission of tenders, after which, unless accepted
by MRT Corp. on or before that date or extended date in writing by us, it shall be
deemed withdrawn.
7. We confirm that at the time of submission of this Tender, the acceptance of any tender
submitted by us to others, or due to be submitted by us to others, will not in any way
affect our ability to carry out the Works.
8. We declare that at the time of submission of this Tender, all information provided
herein is true and valid.
Tenderer's Authorised
Representative Signature : ……………….……………………………………………….
Name in Full : ……………………….……………………………………….
In the capacity of : ……………………………….……………………………….
NRIC No./Passport No. : ……………………………………….……………………….
Designation : ……………………………………….……………………….
s : …………………………………….………………………….
……………………………………….……………………….
Date : ……………………………………….……………………….
For Joint Venture / Consortium 2nd Partner (if applicable)
Tenderer's Authorised
Representative Signature : …………………………………….………………………….
Name in Full : …………………………………………….………………….
In the capacity of : …………………………………………………….………….
NRIC No./Passport No. : …………………………………………………………….….
Duly authorised to sign
for and on behalf of
Company's Official Stamp : …………………………………….………………………….
Address : …………………………………….………………………….
…………………………….………………………………….
Date : ……………………………………………….……………….
Tenderer's Authorised
Representative Signature : ………………………….…………………………………….
Name in Full : ………….…………………………………………………….
In the capacity of : ………………….…………………………………………….
NRIC No./Passport No. : ………………………….…………………………………….
Note: Please submit a Power-of-Attorney authorising the above to sign on behalf of the
Company or each of the Partner in the Joint Venture/Consortium including the Lead
Partner.
This Guarantee shall be effective from [ DD/MM/YYYY ] being the date for submission of
the Tender and shall remain in force until [ DD/MM/YYYY ] (insert end date of the Tender
Validity Period (and any extension thereof) required by the Instruction to Tenderers (see
Clause 3.7)).
This Guarantee shall be governed by the laws of Malaysia.
IN WITNESS WHEREOF this Guarantee has been executed on the ……... day of 20…….
OR
Signed by [ insert Name ] )
Note: The above format and contents shall be followed strictly without any amendment.
The Tenderer hereby affirms that he has read and understood each and every Clause of the
Articles of Agreement, Conditions of Contract and any/all attachments and Appendices
thereto (“COC”). The Tenderer hereby accepts in its entirety and in conformity all the COC
provided in the Tender Document. This Form C3 and any attachment must be signed by the
Tenderer's Authorised Representative.
In the event of any inconsistency, discrepancy or conflict, this Form C3 shall take precedence
and supersedes any deviations the Tenderer may have included in its submission in
connection with the COC.
Acknowledgement Receipt
MRT Corp. hereby acknowledges receipt of the above and shall respond accordingly.
Name : ………………………….………………………….………
Designation : ………………………….………………………….………
Date : ………………………….………………………….………
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PROJEK MASS RAPID TRANSIT LALUAN 2: Systems Works Package SSP-SY-206: COMM, GIRN, CMTS and ITS
Sungai Buloh – Serdang – Putrajaya (SSP) Volume I - Instruction to Tenderers and Appendices
Tender No. SSP-MRTC-SS06-OVPR-TEN-00066 Appendix C – Forms
Acknowledgement Receipt
MRT Corp. hereby acknowledges receipt of the above and shall respond accordingly.
Name : ………………………….………………………….………
Designation : ………………………….………………………….………
Date : ………………………….………………………….………
SSP-PDP2-SS06-OVPR-TEN-000048 APP C-11 of 38 Revision: 00
PROJEK MASS RAPID TRANSIT LALUAN 2: Systems Works Package SSP-SY-206: COMM, GIRN, CMTS and ITS
Sungai Buloh – Serdang – Putrajaya (SSP) Volume I - Instruction to Tenderers and Appendices
Tender No. SSP-MRTC-SS06-OVPR-TEN-00066 Appendix C – Forms
3. In the event where there is any individual(s) who attempts to solicit any bribe from
me or any individual(s) related to this company as an inducement to be selected for the
aforementioned Tender, I hereby pledge to immediately report such acts to the Malaysian
Anti-Corruption Commission (MACC)'s office or at the nearest police station.
Sincerely,
LETTER OF CERTIFICATION
The Tenderer hereby confirms that all copies of the following Tender Documents
submitted:-
1.
2.
3.
4.
5.
are identical true copies of and process from the Original, except for the Duplicate copies
of the Commercial Submission - Envelope 6 and shall be submitted WITHOUT any
reference being made to the Tenderer and/or its organisation which includes but is not
limited to the company’s name, logo, address, contact telephone number and other
contact details.
The form and any attachment must be signed by the Tenderer's Authorised Signatory.
Designation : ………………………….………………………….………
Date : ………………………….………………………….………
DECLARATION OF NON-COLLUSION
1. We hereby declare 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 any
agreement or arrangement with any other person.
2. We further declare 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 this Tender, any of
the following acts:-
2.1 Communication with a person other than the person calling for the
Tender, the amount or approximate amount of the proposed Tender except
where the disclosure in confidence of the approximate amount of the Tender
is necessary to obtain the insurance premium quotations required for the
preparation of the Tender;
2.2 Enter into any agreement or arrangement with any other person that he/she
shall refrain from tendering or to the Tender Price to be submitted;
2.3 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
causing or having caused or to be done in relation to any other Tender or
proposed Tender for the said Works described above.
3. We take note that any reference to the word ‘person’ includes any person(s) or
anybody or association or corporate or otherwise and the word ‘any agreement
SSP-PDP2-SS06-OVPR-TEN-000048 APP C-15 of 38 Revision: 00
PROJEK MASS RAPID TRANSIT LALUAN 2: Systems Works Package SSP-SY-206: COMM, GIRN, CMTS and ITS
Sungai Buloh – Serdang – Putrajaya (SSP) Volume I - Instruction to Tenderers and Appendices
Tender No. SSP-MRTC-SS06-OVPR-TEN-00066 Appendix C – Forms
4. We also declare that the principles described above have been or will be brought
to the attention of all Sub-contractors, Suppliers and associated companies
providing services or materials connected with the Tender. Any Contract with the
Sub-contractors, Suppliers or associated companies will be made by all parties on
the basis of compliance with the above principles.
Designation : ………………………….………………………….………
Date : ………………………….………………………….………
NON-DISCLOSURE AGREEMENT
We, the Tenderer in this Non-Disclosure Agreement hereby agree not to disclose, utilise
and/or provide any information whatsoever, duly provided by MASS RAPID TRANSIT
CORPORATION SDN BHD except to the extent insofar necessary towards the preparation
of the submission of the Tender entitled:
SYSTEMS WORKS PACKAGE
SSP-SY-206
[ENGINEERING, PROCUREMENT, CONSTRUCTION, TESTING & COMMISSIONING OF
COMMUNICATIONS, GOVERNMENT INTEGRATED RADIO NETWORK, COMMERCIAL
TELECOM (INFRA) AND INFORMATION TECHNOLOGY SYSTEM]
TENDER NO. SSP-MRTC-SS06-OVPR-TEN-00066
We hereby agree not to make any announcement and/or release any information
whatsoever relating to this Tender, to any official body, press and/or public at any time
and for whatsoever purpose unless a prior written approval has been furnished by the MRT
Corp./ PDP.
We shall ensure that the terms and conditions of this agreement are fully complied with
by all employees, agents, Sub-contractors, vendors, equipment or material Suppliers,
consultants and/or any other relevant third parties whom we may be in contact with the
MRT Corp./ PDP’s confidential information for the purpose of preparation of this Tender.
PROJEK MASS RAPID TRANSIT LALUAN 2: SUNGAI BULOH – SERDANG – PUTRAJAYA (SSP)
SYSTEMS WORKS PACKAGE
SSP-SY-206
[ENGINEERING, PROCUREMENT, CONSTRUCTION, TESTING & COMMISSIONING OF COMMUNICATIONS, GOVERNMENT INTEGRATED
RADIO NETWORK, COMMERCIAL TELECOM (INFRA) AND INFORMATION TECHNOLOGY SYSTEM]
Conforming to Clause 46 (Bumiputera Participation) of Conditions of Contract, the Tenderer shall indicate the approximate value of work
included in the Tender to be carried out by the proposed Bumiputera Contractor(s).
The Tenderer is required to elaborate in its proposal/ plan for the appointment of the proposed Bumiputera Contractor(s) based on the following:
a) Method of appointment of the Bumiputera Contractor(s) (e.g. through tender, direct negotiation, etc.)
……………………………………………………………………………………………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………………………………………………………………………………………
Date : …………………………………………………………………..
2 Paid Up Capital
3 Total Assets
4 Current Assets
5 Total Liabilities
6 Current Liabilities
7 Net Worth
8 Shareholders’ Funds
9 Working Capital
10 Annual Turnover
11 Net Profit
SSP-PDP2-SS06-OVPR-TEN-000048 APP C-22 of 38 Revision: 00
PROJEK MASS RAPID TRANSIT LALUAN 2: Systems Works Package SSP-SY-206: COMM, GIRN, CMTS and ITS
Sungai Buloh – Serdang – Purtrajaya (SSP) Volume I - Instruction to Tenderers and Appendices
Tender No. SSP-MRTC-SS06-OVPR-TEN-00066 Appendix C – Forms
a. Names and addresses of the Banks where the Accounts are opened
1) ………………………………..……………………………………………………………………………………..
2) ……………………………..…………………………………………………………………………………….....
3) ………………………………………………………………………………………………………………………..
b. Account Numbers
1) ………………………………..………………………………………………………………………………………
2) ……………………………..…………………………………………………………………………………….....
3) ………………………………………………………………………………………………………………………..
2. Credit Facilities
1) ………………………………..………………………………………………………………………………………
2) ……………………………..…………………………………………………………………………………….....
3) ………………………………………………………………………………………………………………………..
b. Types and Balance of the amount which can be used for the Works.
Notes:
Tenderer shall submit the audited Company Account by Certified Accountant for the
last five (5) years, in supporting the data submitted. The Tender submitted without
the certified audited accounts shall be disqualified.
Tenderer shall submit the certified copy of the Monthly Bank Statement for the last
three (3) Months including certificate/ latest statement for unpledged deposits and
other unpledged short term investment. The Tender submitted without this
statement shall be disqualified.
The Tenderer shall obtain and submit the Confidential Report from the
Banks/Financial Institutions using format shown in Form C11 - Letter From Bank/
Financial Institution on Financial Capacity of the Tender, in a sealed envelope.
All attachments shall be certified as true copies by the Tenderer’s company secretary
or a Grade A officer from a Government body (for local companies) and/or by the
Notary of Public (for foreign companies).
Note: Please attach a certified copy of the latest interim payment certificate for each
project and a certified copy of Letter of Award/ Acceptance.
For payment certificate and/or copy of Letter of Award/Acceptance that are not
written in English language, the Tenderer is responsible to provide an English
translated version and the English version shall prevail in the event of any
discrepancies between the original and translated version submitted.
(A) We, the undersigned at the request of the Tenderer, undertake and guarantee to
MASS RAPID TRANSIT CORPORATION SDN BHD (902884V), the following upon the
award of the above mentioned Works to:
………………………………………………………………………………………………………………………….………
………………………………………………………………………………………………………………………………….
(Tenderer’s Name and Address)
SSP-PDP2-SS06-OVPR-TEN-000048 APP C-26 of 38 Revision: 00
PROJEK MASS RAPID TRANSIT LALUAN 2: Systems Works Package SSP-SY-206: COMM, GIRN, CMTS and ITS
Sungai Buloh – Serdang – Putrajaya (SSP) Volume I - Instruction to Tenderers and Appendices
Tender No. SSP-MRTC-SS06-OVPR-TEN-00066 Appendix C – Forms
(B) Credit facilities which can be used for design and execution of the Works:
Credit facilities which was approved and minimum additional credit which need to
be obtained by the Tenderer are as follows:
Type of Credit Facilities Total Approved Balance from Amount Minimum Additional to Total
(RM) Approved (RM) be Approved (RM)
(a) (RM) (c)=(a)+(b)
(b)
1. Overdraft Or Annual
Credit
2. Secured Overdraft
3. Fixed Loan
4. Letter of Credit
5.
Total:
…………………………………………………………………………………………………………………….…………
…………………………………………………………………………………………………………………………………
……………………………………………………………………………
Designation : ………………………………..…………………………………………
Date : …………………………….……………………………………………
Re: Letter of Irrevocable Consent and Authorisation for Disclosure of Credit Information
of Company and Directors / Shareholders
The Company hereby confirms and undertakes to MRT Corp. and/or PDP that it has duly
obtained all consents from its employees, directors and shareholders for the Purpose as
stated above.
The Company further agrees that MRT Corp. may use, disclose and transfer all information
/ data about the Company whatsoever with MRT Corp.’s subsidiaries, associates, affiliates
and/or any third parties as MRT Corp. deems appropriate but limited to consultants,
auditors, solicitors, etc. engaged or appointed from time to time by MRT Corp. for the
KVMRT SSP Line project, stakeholder and/or government or local authority.
The Company further agrees that PDP may use, disclose and transfer all information / data
about the Company whatsoever with PDP’s subsidiaries, associates, affiliates and/or any
third parties as PDP deems appropriate but limited to consultants, auditors, solicitors, etc.
engaged or appointed from time to time by PDP for the KVMRT SSP Line Project,
stakeholder and/or government or local authority.
SSP-PDP2-SS06-OVPR-TEN-000048 APP C-28 of 38 Revision: 00
PROJEK MASS RAPID TRANSIT LALUAN 2: Systems Works Package SSP-SY-206: COMM, GIRN, CMTS and ITS
Sungai Buloh – Serdang – Putrajaya (SSP) Volume I - Instruction to Tenderers and Appendices
Tender No. SSP-MRTC-SS06-OVPR-TEN-00066 Appendix C – Forms
Designation : ………………………………..…………………………………………
Date : ………………………………..…………………………………………
In consideration of the Owner and/or the PDP accepting the Guarantor’s obligations as set
out in this Guarantee, the Guarantor hereby irrevocably and unconditionally guarantees
and undertakes to the Owner and the PDP, their respective successors and assigns as
follows:
1. The due, proper and punctual performance, observance and compliance by the
Works Package Contractor, its successors and assigns of each and every terms,
provisions, conditions, duties, requirements, responsibilities, obligations and
undertakings whether expressly or impliedly made in the Contract as may, from time
to time, be amended (“Guaranteed Obligations”). The Guarantor agrees to any
SSP-PDP2-SS06-OVPR-TEN-000048 APP C-30 of 38 Revision: 00
PROJEK MASS RAPID TRANSIT LALUAN 2: Systems Works Package SSP-SY-206: COMM, GIRN, CMTS and ITS
Sungai Buloh – Serdang – Putrajaya (SSP) Volume I - Instruction to Tenderers and Appendices
Tender No. SSP-MRTC-SS06-OVPR-TEN-00066 Appendix C – Forms
2. Upon receipt of a written demand made by the Owner and/or the PDP, from time to
time or at any time and without need for the Owner and/or the PDP to take legal
action against or obtain the consent of the Works Package Contractor and without
any further proof or conditions and without any right of set off and counterclaim
and notwithstanding any protest/objection by the Works Package Contractor or the
Guarantor, the Guarantor shall immediately undertake to perform those
Guaranteed Obligations.
3. Upon the occurrence of Clause 2 above, the Guarantor shall be liable to perform the
Guaranteed Obligations as if the Guarantor was the party to the Contract. The
Guarantor’s obligations under this Guarantee shall be co-extensive with the Works
Package Contractor’s obligations, duties and undertakings of the Works Package
Contractor under and pursuant to the Contract.
5. The obligations of the Guarantor hereunder shall not be affected by any act,
omission, matter or thing which but for this provision might operate to release or
otherwise exonerate the Guarantor from the Guarantor’s obligations hereunder in
whole or in part, including without limitation and whether or not known to the
Guarantor or the Owner and/or the PDP:
(a) any time or waiver granted to or composition with the Works Package
Contractor or any other person;
(f) any other fact, circumstance, provision of statute or rule of law which might,
were the Guarantor’s liability to be secondary rather than primary, entitle
the Guarantor to be released in whole or in part from its undertaking.
6. Where any discharge (whether in respect of the obligation of the Works Package
Contractor or any security therefore or otherwise) is made in whole or in part or any
arrangement is made on the faith of any payment, security or other disposition
which is avoided or must be repaid on bankruptcy, liquidation or otherwise without
limitation, the liability of the Guarantor under this Guarantee shall continue as if
there had been no such discharge or arrangement. The Owner and/or the PDP shall
be entitled to concede or compromise any claim that any such payment, security or
other disposition is liable to avoidance or repayment.
7. The Owner and/or the PDP shall not be obliged before taking steps to enforce this
Guarantee to take action or proceedings against or to make or file any claim in the
bankruptcy or liquidation of the Works Package Contractor or any other person.
8. Until all the obligations, duties and undertakings of the Works Package Contractor
under and pursuant to the Contract have been discharged in full, the Guarantor shall
not after default by the Works Package Contractor and a claim has been made
pursuant to this Guarantee be subrogated to any rights, security or monies held,
received or receivable by the Owner and/or the PDP or be entitled to any right of
contribution in respect of any payment made or monies received on account of the
Guarantor’s liability hereunder.
9. This Guarantee shall be in addition to and shall not in any way be prejudiced by:
(a) any other security now or hereafter held by the Owner and/or the PDP as
security for the obligations of the Works Package Contractor under the
Contract; or
(b) any other right against any third party which the Owner and/or the PDP may
have for performance of all or any of the Guaranteed Obligations.
10. The Guarantor undertakes to the Owner and/or the PDP that the Guarantor has not
taken and will not take any security from the Works Package Contractor in respect
of the Guarantor’s obligations hereunder. Any security taken by the Guarantor in
breach of this provision and all monies at any time received in respect thereof shall
be held in trust for the Owner and/or the PDP as security for the obligations of the
Guarantee hereunder.
11. Any payment to be made hereunder by the Guarantor shall be made without set-off
or counterclaim and shall be made free and clear of, and without deduction for or
an account of, any present or future taxes, duties, charges, fees, deductions or
withholdings of any nature whatsoever and by whomsoever imposed.
12. The provisions of this Guarantee shall be binding on and ensure to the benefit of the
Guarantor, and the Owner, the PDP, their respective successors and assigns.
Provided that the Guarantor may not assign or transfer any of the Guarantor’s rights
or obligations hereunder without the prior written consent of the Owner and/or the
PDP.
13. If the Contract is or becomes totally or partially invalid, illegal or unenforceable the
Guarantor shall nevertheless be liable under this Guarantee as a primary obligor.
14. Any amount which is not recoverable from the Guarantor under this Guarantee
because of any legal limitation, disability or incapacity of the Guarantor shall be
recoverable from the Guarantor on the basis of an indemnity.
15. Any claim under this Guarantee shall be made by notice in writing by the Owner
and/or the PDP addressed to any of the directors or the secretary of the Guarantor
at its registered office stating that the Works Package Contractor is in breach of the
Guaranteed Obligations. Such notice may be given by post or delivered by hand.
Notices shall be deemed to be served if by post two (2) calendar days after posting
and if by personal delivery when delivered.
16. If any dispute or difference arises between the Guarantor, the Owner and/or the
PDP in connection with this Guarantee which cannot be resolved by mutual
agreement it shall be referred to arbitration and final decision of a person to be
agreed between the parties, or, in default of agreement within fourteen (14)
calendar days after either party has given the other a written request to concur in
the appointment of an arbitrator, the person to be nominated at the request of
either party by the Director of the Kuala Lumpur Regional Centre for Arbitration. The
arbitration shall be held at the Kuala Lumpur Regional Centre for Arbitration, using
the facilities and assistance available at the Kuala Lumpur Regional Centre for
Arbitration and shall be conducted in English. Any such reference to arbitration shall
be deemed to be a submission to arbitration within the meaning of the Arbitration
Act 2005 of Malaysia or any other law amending or replacing this Act.
17. In this Guarantee words and expressions have the same meaning as in the Contract
and the Guarantor shall be deemed to have full knowledge of all terms and
conditions of the Contract.
18. The guarantee in this Guarantee shall be a continuing guarantee and shall remain in
full force and effect until all the Works Package Contractor’s obligations under or
pursuant to the Contract shall have been duly performed.
19. This Guarantee shall be governed by and construed in accordance with the laws of
Malaysia.
IN WITNESS WHEREOF this Guarantee has been executed on the …………. day of ………….
20………….
................................................ .....................................................
Director Director /Secretary
FORM C14 – LIST OF IMPORTED MACHINERY, EQUIPMENT AND MATERIALS FOR PERMANENT WORKS
(Imported Items)
PROJEK MASS RAPID TRANSIT LALUAN 2: SUNGAI BULOH-SERDANG-PUTRAJAYA (SSP)
SYSTEMS WORKS PACKAGE
SSP-SY-206
[ENGINEERING, PROCUREMENT, CONSTRUCTION, TESTING & COMMISSIONING OF COMMUNICATIONS, GOVERNMENT INTEGRATED
RADIO NETWORK, COMMERCIAL TELECOM (INFRA) AND INFORMATION TECHNOLOGY SYSTEM]
TENDER NO. SSP-MRTC-SS06-OVPR-TEN-00066
Name of company / institution:
…..............................................................................................................................................................................
Address of premises:
…...............................................................................................................................................................................................
Name : ………………………….………………………….………
Designation : ………………………….………………………….………
Company Name : ………………………….………………………….………
Date : ………………………….………………………….………
Note: If a Joint Venture or Consortium is proposed, this Form is to be duplicated and filled in
separately by each Partner of the company together with its relevant supporting documents.
Note: All details must be provided where applicable. Where there is nothing to declare,
please state ‘not applicable’.
2. The Tenderer shall provide information on any potential, alleged or current proceeding
on corruption, bribery, fraud and/or any other related activities in the last ten (10) years
including current ones, if any.
Item Details Year
1
2
Note: All details must be provided where applicable. Where there is nothing to declare,
please state ‘not applicable’.
Note: All details must be provided where applicable. Where there is nothing to declare,
please state ‘not applicable’.