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Contract Administration - JPS
Contract Administration - JPS
DEPARTMENT OF IRRIGATION
AND DRAINAGE
Volume 10 – Contract
Administration
Disclaimer
Every effort and care has been taken in selecting methods and recommendations that are
appropriate to Malaysian conditions. Notwithstanding these efforts, no warranty or guarantee,
express, implied or statutory is made as to the accuracy, reliability, suitability or results of the
methods or recommendations.
The use of this Manual requires professional interpretation and judgment. Appropriate design
procedures and assessment must be applied, to suit the particular circumstances under
consideration.
The government shall have no liability or responsibility to the user or any other person or entity
with respect to any liability, loss or damage caused or alleged to be caused, directly or indirectly,
by the adoption and use of the methods and recommendations of this Manual, including but not
limited to, any interruption of service, loss of business or anticipatory profits, or consequential
damages resulting from the use of this Manual.
Foreword
The first edition of the Manual was published in 1960 and was actually based on the
experiences and knowledge of DID engineers in planning, design, construction, operations and
maintenance of large volume water management systems for irrigation, drainage, floods and river
conservancy. The manual became invaluable references for both practising as well as officers newly
posted to an unfamiliar engineering environment.
Over these years the role and experience of the DID has expanded beyond an agriculture-
based environment to cover urbanisation needs but the principle role of being the country’s leading
expert in large volume water management remains. The challenges are also wider covering issues
of environment and its sustainability. Recognising this, the Department decided that it is timely for
the DID Manual be reviewed and updated. Continuing the spirit of our predecessors, this Manual is
not only about the fundamentals of related engineering knowledge but also based on the concept
of sharing experience and knowledge of practising engineers. This new version now includes the
latest standards and practices, technologies, best engineering practices that are applicable and
useful for the country.
This Manual consists of eleven separate volumes covering Flood Management; River
Management; Coastal Management; Hydrology and Water Resources; Irrigation and Agricultural
Drainage; Geotechnical, Site Investigation and Engineering Survey; Engineering Modelling;
Mechanical and Electrical Services; Dam Safety, Inspections and Monitoring; Contract
Administration; and Construction Management. Within each Volume is a wide range of related
topics including topics on future concerns that should put on record our care for the future
generations.
This DID Manual is developed through contributions from nearly 200 professionals from the
Government as well as private sectors who are very experienced and experts in their respective
fields. It has not been an easy exercise and the success in publishing this is the results of hard
work and tenacity of all those involved. The Manual has been written to serve as a source of
information and to provide guidance and reference pertaining to the latest information, knowledge
and best practices for DID engineers and personnel. The Manual would enable new DID engineers
and personnel to have a jump-start in carrying out their duties. This is one of the many initiatives
undertaken by DID to improve its delivery system and to achieve the mission of the Department in
providing an efficient and effective service. This Manual will also be useful reference for non-DID
Engineers, other non-engineering professionals, Contractors, Consultants, the Academia,
Developers and students involved and interested in water-related development and management.
Just as it was before, this DID Manual is, in a way, a record of the history of engineering
knowledge and development in the water and water resources engineering applications in Malaysia.
There are just too many to name and congratulate individually, all those involved in preparing this
Manual. Most of them are my fellow professionals and well-respected within the profession. I wish
to record my sincere thanks and appreciation to all of them and I am confident that their
contributions will be truly appreciated by the readers for many years to come.
Acknowledgement
Steering Committee:
Dato’ Ir. Hj. Ahmad Husaini bin Sulaiman, Dato’ Nordin bin Hamdan, Dato’ Ir. K. J. Abraham, Dato’
Ong Siew Heng, Dato’ Ir. Lim Chow Hock, Ir. Lee Loke Chong, Tuan Hj. Abu Bakar bin Mohd Yusof,
Ir. Zainor Rahim bin Ibrahim, En. Leong Tak Meng, En. Ziauddin bin Abdul Latiff, Pn. Hjh. Wardiah
bte Abd. Muttalib, En. Wahid Anuar bin Ahmad, Tn. Hj. Zulkefli bin Hassan, Ir. Dr. Hj. Mohd. Nor
bin Hj. Mohd. Desa, En. Low Koon Seng, En. Wan Marhafidz Shah bin Wan Mohd. Omar, Sr Md
Fauzi bin Md Rejab, En. Khairuddin bin Mat Yunus, & Cik Khairiah bt Ahmad.
Coordination Committee:
Dato’ Nordin bin Hamdan, Dato’ Ir. Hj. Ahmad Fuad bin Embi, Dato’ Ong Siew Heng, Ir. Lee Loke
Chong, Tuan Hj. Abu Bakar bin Mohd Yusof, Ir. Zainor Rahim bin Ibrahim, Ir. Cho Weng Keong, En.
Leong Tak Meng, Dr. Mohamed Roseli Zainal Abidin, En. Zainal Akamar bin Harun, Pn. Norazia
Ibrahim, Ir. Mohd. Zaki, En. Sazali Osman, Pn. Rosnelawati Hj. Ismail, En. Ng Kim Hoy, Ir. Lim See
Tian, Sr Mohd. Fauzi bin Rejab, Ir. Hj. Daud Mohd Lep, Tn. Hj. Muhamad Khosim Ikhsan, En.
Roslan Ahmad, En. Tan Teow Soon, Tn. Hj. Ahmad Darus, En. Adnan Othman, Ir. Hapida Ghazali,
En. Sukemi Hj. Sidek, Pn. Hjh. Fadzilah Abdul Samad, Pn. Hjh. Salmah Mohd. Som, Ir. Sahak Che
Abdullah, Pn. Sofiah Mat, En. Mohd. Shafawi Alwi, En. Ooi Soon Lee, En. Muhammad Khairudin
Khalil, , Tn. Hj. Azmi Md Jafri, Ir. Nor Hisham Ghazali, En. Gunasegaran M., En. Rajaselvam G., Cik
Nur Hareza Redzuan, Ir. Chia Chong Wing, Pn. Norlida Mohd. Dom, Ir. Lee Bea Leang, Dr. Hj. Md.
Nasir Md. Noh, Pn. Paridah Anum Tahir, Pn. Nurazlina Mohd Zaid, PWM Associates Sdn. Bhd.,
Institut Penyelidikan Hidraulik Kebangsaan Malaysia (NAHRIM), RPM Engineers Sdn. Bhd., &
J.U.B.M. Sdn. Bhd.
Working Group :
Sr Md Fauzi bin Md Rejab (Pengerusi), Pn. Norazia binti Ibrahim, Pn. Hashimah binti Said, Pn.
Fazidah binti Zainal Abidin, Pn. Zalina binti Mat Zain, Pn. Rohimah binti Yusof, Pn. Nor Hasni Muhd
Supian, En. Roslan bin Ahmad, Tn. Hj. Hussin bin Haron, Ir. Nasser bin Salim, Ir. Nor Hisham bin
Mohd. Ghazali, Kapt. Ir. Anuar bin Yahya, En. Roslan bin Hussin, Tn. Hj. Muhd Khosim bin Hj.
Ikhsan, En. Sulaimi bin Nordin, En. Ratna Rajah, En. Alexander Anak Ngindang, En. Teo Siaw
Chung, En. Mohd Adnan bin Ahmad Fauzi, Ir. Hj. Mohd Razali bin Husain, En. Wan Mohd Azam bin
Wan Long, Tn. Hj. Rashiddi bin Hj Hussein, En. S. Valiappan, En. Adnan bin Ab Latif, Pn. Belinda
binti Adzmi, Cik Intan Suraya binti Ayob, Pn. Zaliza binti Mohamad Ibrahim, Sr Ong See Lian, Sr
Nur Aziz Abu Bakar, Lt Kol (B) Ir. Shahar Abdullah, Cik Ho Sook Chin, Pn. Zilawati Hj. Yaakub & Pn.
Idura binti Hj. Ariffin.
Registration Of Amendments
Amend No. Page No. Date of Amend No. Page No. Date of
Amendment Amendment
Table of Contents
Disclaimer ............................................................................................................................ i
Foreword ............................................................................................................................. ii
PART I - INTRODUCTION
PART II – PRE-CONTRACT
Chapter 5 Authority
Chapter 10 Payments
Chapter 11 Variations
Chapter 14 Non-Completion
Table of Contents
Chapter 16 Determination
Chapter 17 Completion
List Of Volumes
List of Abbreviations
(English)
FD Finance Division
IO Implementation Officer
Engr Engineer
PD Project Director
PH Project Head
PS Project Supervisor
PM Project Manager
PO Procurement Officer
PT Project Team
SO Superintending Officer;
in DID Manual Volume 10, the term SO may include Project Director (PD) of a
design and build contract unless the context requires otherwise.
List of Abbreviations
(English)
QS Quantity Surveyor
TI Treasury Instruction
TS Tender Secretariat
VO Variation Order
List of Abbreviations
(Bahasa Malaysia)
AK Audit Kualiti
(Quality Audit)
AP Arahan Perbendaharaan
(Treasury Instruction)
PK Perubahan Kerja
(Variation)
Glossary
Term Definitioni
Addendum Written information adding to, clarifying or modifying the tender documents.
(Addenda) An addendum is generally issued by the Government to the contractor during
the tender process and as such, addenda are intended to become part of the
contract documents when the construction contract is executed.
Alternative An alternative tender is a tender that offers an alternative proposal that still
tender satisfies the Government's requirements. Alternative tenders will not be
considered unless they are allowed in the conditions of tendering.
Best practice The most effective and desirable method of carrying out a function or process
derived from experience rather than theory.
Best value Continuous improvement in the exercise of all functions undertaken by the
Government, whether statutory or not, having a regard to economy, efficiency
and effectiveness.
Bill of Quantities A document usually prepared by a quantity surveyor which (ideally) details the
terms and conditions under which a contract is to be let, and itemises all works
to enable a contractor to price the work for which he is tendering. The first
main step in preparing a bill is the "taking off" or recording of dimensions from
drawings or schedules of work. Similar types of work are then brought together
under one item, a process known as "abstracting", all of this information is
then "worked up" into the bill of quantities.
Build-own- A mode of business in which a project company builds and operates a property
operate (BOO) project pursuant to the concession rights granted by the government
Glossary
Term Definitioni
Certificate of Document that confirms the stage reached in the contract where the
practical Government can take beneficial occupation and/or utilise the works for its
completion intended use, without undue interference.
Claims The group of officers who are authorised under the Government procurement
committee procedures to approve claims submitted by a contractor.
Close out The completion of project work once the project has been implemented. The
phase at the end of the project lifecycle just before the operations begin.
Compliance Certification or confirmation that the doer of an action (such as the writer of a
report), or the manufacturer or supplier of a product, meets the terms of a
contract; or the requirements of accepted practices, legislation, prescribed
rules and regulations, specified standards. See also conformance.
Glossary
Term Definitioni
Conceptual The first of three sub-phases of the design phase. The design professional
design ascertains the requirements of the project and prepares design studies
consisting of drawings and other documents illustrating the scale and
relationships of the project.
Conditions of Terms and conditions that set the rights and obligations of the contracting
contract parties, when a contract is awarded or entered into. These include 'general
conditions' which are common to all types of contracts, as well as 'special
conditions' (or special provisions) which are peculiar to a specific contract (such
as variation of price clauses).
Conditions of The rules governing what the tender submission should contain, how it should
tendering be submitted, and how it will be evaluated. There are general conditions of
tender for building and construction that apply to all tenders, such as treatment
of late tenders. Pro-forma conditions of tender for the purchase of goods and
services are provided under Resources / Publications. Pro-forma conditions of
tender for the procurement of works, supplies and services are provided by the
Government.
Conformance Certification or confirmation that a good, service, or conduct meets the terms
of a contract; or the requirements of legislation, accepted practices, prescribed
rules and regulations, specified standards. See also compliance.
Contract A mutually binding, legal relationship obligating the seller to furnish supplies or
services, and the buyer to pay for them.
Contract period Number of working days or calendar days, calculated from a specified
commencement date to a specified date for completion, as provided for in a
contract. For works contract, also called construction period.
Glossary
Term Definitioni
Contract sum Examination of a cost proposal in view of the supporting data, and by applying
analysis appropriates rates and factors.
Contractor Independent entity that agrees to furnish certain number or quantity of goods,
material, equipment, personnel, and/or services that meet or exceed stated
requirements or specifications, at a mutually agreed upon price and within a
specified timeframe to the Government.
Contract sum Mutually agreed upon total amount that a principal (Government) pays to a
contractor on completion of the contract, in accordance with contract terms
and conditions and their subsequent modifications (if any).
Contractual Obligation assumed by any contracting party under the terms of a contract.
liability
Cost estimate Approximation of the probable total cost of a product, program, or project,
computed on the basis of available information. Four common types of cost
estimates are: (1) Planning estimate: rough approximation of cost within a
reasonable range of values, prepared for information purposes only. Also called
ball park estimate. (2) Budget estimate: approximation based on well defined
(but preliminary) cost data and established ground rules. (3) Firm estimate:
based on cost data sound enough for entering into a binding contract. (4) Not-
to-exceed /Not-less-than estimate: maximum or minimum amount required to
accomplish a given task, based on firm cost estimate.
Date for Fixed date specified in a contract to complete a job or project. If permitted
completion under the terms of the contract, the date for completion may be modified or
revised.
Date of The date established in a written notice to proceed with the works, from the
commencement Government to the contractor.
Deliverable Report, document or item that must be completed and delivered under the
terms of an agreement or contract.
Design and Construction contract where both the design and the construction of a
build (DB) structure are the responsibilities of the same contractor.
contract
Glossary
Term Definitioni
Design-build- Construction contract where a single contractor has the responsibility for
operate (DBO) designing and constructing a facility, as well of operating and maintaining it for
contract a specified period prior to handing it over to the client or principal.
Design A project design phase in which all design decisions need to be completed. The
development design professional (designers) further develops the preliminary (schematic)
design and detailing and ensures that basic technical issues are resolved and
are capable of technical description. Plan arrangements, specific space
accommodations, plant equipment and furnishings, building design, materials
and colors, and complete definitions of systems serving the project are
developed.
Designer The professional individual or organisation that performs the design and
prepares plans and specifications for the work to be performed. The
professional can be an architect, an engineer, or an organisation which
combines professional services.
Detailed design The phase of the design process on a project when drawings and specifications
are completed for construction tender purposes. The phase is preceded by the
preliminary design phase, and followed by the tender and award phase.
Direct costs The field costs directly attributed to the construction of a project, including
labor, material, equipment, subcontracts and their associated costs.
Drawings A term used to represent that portion of the contract documents that
graphically illustrates the design, location and dimensions of the
components and elements contained in a specific project.
A line drawing.
Evaluation Evaluation criteria are used to assess the merit of offers/tenders received. The
Criteria evaluation criteria are specified in the quotation or tender documentation.
Glossary
Term Definitioni
Fair and A price that is fair to both parties considering quality, performance, supply
reasonable price situation, delivery time, and payment options.
Fast track The process of dividing the design of a project into phases in such a manner as
to permit construction to start before the entire design phase is complete. The
overlapping of the construction phase with the design phase.
Final certificate A certificate stating that the works are now complete and the Government is
due a full and final settlement to the contractor.
Final payment The last payment from the Government to the contractor of the entire unpaid
balance of the contract sum as adjusted by any approved variation orders or
other contractual adjustment to the contract sum.
Fixed price Contract that provides for a price which normally is not subject to any
contract adjustment unless certain provisions (such as variation of price clause) are
included in the agreement.
Force majeure Standard clause found in construction and supply contracts, it exempts the
contracting parties from fulfilling their contractual obligations for causes that
could not be anticipated and/or are beyond their control. These causes usually
include act of God, act of man, act of parliament, and other impersonal events
or occurrences. (French for, superior force.)
Form of tender Standard printed form given or sold to tenderers so that they may submit the
information required for evaluation of the tender, in correct format and
sequence.
General Contractor that performs a contract all by itself, or through the use of
contractor subcontractors whose activities it supervises and coordinates.
Glossary
Term Definitioni
Invitation to Initiating step of a competitive tendering process in which qualified (or pre-
tender (ITT) qualified) contractors or suppliers are invited to submit sealed tenders for
construction works or for supply of specific and clearly defined goods or
services during a specified timeframe.
Lead time The period of time between when the contractor receives the order and the
Government receives the goods/services.
Letter of A letter that creates an immediate binding contractual relationship between the
acceptance Government and the successful tenderer prior to entering into a formal
contract.
Letter of intent A letter informing a successful tenderer that it is the Government’s intention to
enter into a contract with them in the future but creates no liability in regard to
that future contract
Liquidated and A fixed sum that is specified in the contract and which the contractor is
ascertained assessed as a measure of damages that the Government will suffer for each
damages (LAD) day the work remains incomplete beyond the expiration of the contract time.
The sum usually stated a daily rate is recovered from the contractor. The rate
of LAD should be reasonable, and justifiable under the circumstances.
Lump sum A fixed price for contract work, not intended to be adjusted in any way either
by variation or remeasurement. A lump sum contract therefore is a contract for
an agreed amount of work for a lump sum of money.
Lump sum Written agreement under which the Government agrees to pay a contractor a
contract specified amount, for completing an agreed scope of work (e.g. involving a
variety of items of work which are based on drawings and specifications set out
in the contract) without requiring a measurement of quantities involved.
Main contractor Chief contractor who has a contract with the Government, and has the full
responsibility for its completion. A main contractor undertakes to perform a
complete contract, and may employ (and manage) one or more subcontractors
to carry out specific parts of the contract.
Negotiated Contract awarded on the basis of a direct agreement with a contractor, without
contract going through the competitive tendering process.
Glossary
Term Definitioni
Nominated sub- A contractor whom the main contractor usually employs under instruction from
contractor the Government pursuant to terms of the contract. Usually contractors for
specialist works, such as mechanical and/or electrical works.
Nominated A supplier whom the main contractor usually employs under instruction from
suppliers the Government pursuant to terms of the contract. Usually suppliers of goods
not widely available such as some plant/equipment or a particular brand of
plant/equipment which the designer considers is the most suitable for the
particular job.
Notice of tender Document used in sealed-tender procurement procedures through which the
Government advises the potential suppliers of (1) statement and scope of
work, (2) specifications, (3) schedules or timelines, (4) contract type, (5) data
requirements, (6) terms and conditions, (7) description of goods and/or
services to be procured, (8) general criteria used in evaluation procedure, (9)
special contractual requirements, (10) technical goals, (11) instructions for
preparation of technical, management, and/or cost proposals. Notices of tender
are publicly advertised and contractors/suppliers respond with a detailed
tender, not with only a price quotation. They provide for negotiations after
sealed tenders are opened, and the award of contract may not necessarily go
to the lowest tenderer.
Open tender Tender process that is open to all qualified tenderers and where the sealed
tenders may be opened in public for scrutiny and are chosen on the basis of
price and quality. Also called ‘competitive tender’ or ‘public tender’.
Tender submitted in response to open competitive tender request/invitation.
Performance Written guarantee from a third party guarantor (usually a bank or an insurance
bond company) submitted to a principal (i.e. the Government) by a contractor on
winning the tender. Performance bond ensures payment of a sum (not
exceeding a stated maximum) of money in case the contractor fails in the full
performance of the contract. These bonds usually cover 100 percent of the
contract price and replace the tender bonds on award of the contract.
Post tender Discussions between the Government with the prospective contractors
clarification (suppliers), after the receipt of tenders but before the award of contract. These
negotiations are supposed to be confined to clarification of any points; price
changes are normally ruled out.
Glossary
Term Definitioni
Preliminary The second phase of a project's design process. During this phase ancillary
design space is developed and dimensions are finalized. Outline specifications are
developed into technical specifications; sections are delineated and elevations
are defined.
Pre-qualification Screening of potential contractors, suppliers, or vendors (on the basis of factors
of tenderers such as experience, financial ability, managerial ability, reputation, work
history, etc.) to develop a list of qualified tenderers who will receive the letter
of invitation to tender.
Prime cost sum An amount included in a bill of quantities or summary of tender to cover a
particular bit of work or supply of materials to be carried out by a nominated
sub-contractor or a supplier.
Provisional sum A sum included in a bill of quantities or summary of tender for work that is
required but cannot be sufficiently designed or specified at the outset of the
contract.
Private finance A form of partnership between the private and public sector which is normally
initiative (PFI) used for high risk/high value contracts, principally to raise money for higher
value projects
Procurement The process of obtaining work, supplies and services - covering acquisition
from third parties and from in-house providers - from preparation and
processing of a requisition through to approval of the invoice/claim for
payment. The process spans the whole life cycle from identification of needs,
through to the end of a services contract or the end of the useful life of an
asset.
Glossary
Term Definitioni
Procurement The group of officers who are authorised under the Government’s procurement
board procedures to approve the award of a particular tender to a
contractor/supplier.
Professional Consultants arrange insurance to cover their liability for damages and costs due
indemnity to breaches of their professional duty caused by neglect, error or omission. It
insurance also covers costs of liability and their defence arising out of dishonest or
fraudulent acts. Insurers usually reserve their right to take all reasonable steps
of recovery against any party. Contractors with a design responsibility will also
be required to obtain such insurance.
Public liability The insurance taken out by the contractor for third party claims. Under the
insurance contract the contractor is usually required to indemnify the Government for any
expense, loss, liability, claim or proceedings under statute or common law in
respect of which personal injury or death is caused by the carrying out of the
works other than that caused by the act or neglect of the employer.
Additionally, the contractor is usually required to insure his obligation to
indemnify the Government for any damage to property to the extent that it is
due to negligence of the contractor.
Public private Very similar to a PFI arrangement, but the aim is centered more on service
partnership delivery than finance.
(PPP)
Qualified Potential tenderer who meets the minimum standards of experience, financial
tenderer ability, managerial ability, reputation, and work history for a specified class of
supplies, services, or projects (works).
Reasonable Price that provides the best total value—comprising of availability, delivery
price time, fitness for purpose, payment terms, quality, quantity, and service. A
reasonable price is not necessarily the lowest price.
Rejected tender Response to an invitation to tender that is unacceptable, because (1) another
tender has been chosen, (2) tender fails to fall within the established
competitive range, (3) absence of competitive tenders invalidates the tendering
exercise, (4) invitation to tender is readvertised, (5) tender is void due to
irresponsibility of the tenderer, or rigging or other fraud is discovered.
Glossary
Term Definitioni
Request for Request made typically during the project planning phase where a Government
information cannot clearly identify product requirements, specifications, and purchase
options. Such requests clearly indicate that award of a contract will not
automatically follow.
Request for Document used in soliciting price and delivery quotations that meet minimum
quotation (RFQ) quality specifications for a specific quantity of specific goods and/or services.
RFQ are usually not advertised publicly, and are used commonly for (1)
standard, off-the-shelf items, (2) items built to known specifications, (3) items
required in small quantities, or (4) items whose purchase price falls below
sealed-tender threshold. Suppliers respond to a RFQ with firm quotations, and
generally the lowest-priced quotation is awarded the contract.
Retentions An amount, usually 5-10% held back from the sum due to a contractor, for
payment at a later date. The amount will be specified in the conditions of
contract. Retentions are usually released on the basis of half at the issue of the
certificate of practical completion, the remainder at the issue of the final
certificate. Note: the Government of Malaysia’s forms of contract do not
require retentions.
Risk Factors that may adversely affect the successful completion of a project.
Schedule of A list of works activities or items usually priced at a rate per unit.
rates
Sealed tender Document enclosed in a glued (sealed) envelope and submitted in response to
invitation to tender (ITT). Sealed tenders received up to the deadline date are
generally opened at a stated time and place, and evaluated for award of a
contract.
Selective tender Invitation to tender sent only to selected contractors, sellers, or vendors who
have been pre-qualified through a screening process.
Special Conditions of a contract that are peculiar to the project under consideration
provisions to and do not fall under the general conditions.
conditions of
contract
Glossary
Term Definitioni
Sub-contract Agreement, purchase order, or any such legal instrument issued under a main
contract (by the main contractor to a third party—the subcontractor), calling
for the performance of a defined piece of work or production and/or delivery of
specified goods or services. Subcontracts contain special terms and conditions
that are unique to the main contract, and flow-down provisions that proceed
from it.
Sub-contractor Junior or secondary contractor who contracts with a main contractor (and not
the Government) to perform some or all of the main contractor's contractual-
obligations under the main contract.
Summary of Lists of jobs, like those in bills of quantities except that they contain no
tender quantities. Rates may be inserted by tenderers
Supplementary Document that describes additions, alterations, or removal, of the scope (or the
agreement terms) of a contract, mutually agreed upon by the parties to the contract.
Survey Survey, explore, test, and undertake overall assessment on landscape, geology
and water for planning, design, implementation, operations and integrated
management of the project; provide feasibility assessment and required
information on the exploration results for construction; carry out rock
exploration, design, management and monitoring activities.
Glossary
Term Definitioni
Tender bond Written guarantee from a third party guarantor (usually a bank or an insurance
company) submitted to a principal (eg Government) by a contractor (tender)
with a tender. Tender bond ensures that on acceptance of tender by the
Government the contractor will proceed with the contract and will replace the
tender bond with a performance-bond. Otherwise, the guarantor will pay the
Government the difference between the contractor's tender and the next
highest tenderer. This difference is called liquidated damages which cannot
exceed the amount of the tender bond. Also called tender guarantee or tender
surety.
Tender box Box where tender documents (or proposal) must be lodged by the tender date
to be eligible for consideration.
Tender date Prescribed date and time by which a tender must be submitted (or lodged in
the tender depository) to be considered. Also called tender time.
Tender The formal process of examining contractor’s (or supplier’s) tenders to identify
evaluation which provides best “value for money”.
Tender The group of officers who are authorised under the Government procurement
evaluation procedures to analyse received tenders. They also make recommendations on
committee who is awarded the contract.
Tender opening Stage in a tender process where the received tender-envelopes are opened and
examined by the advertiser (ie the Government ) of an invitation to tender
(ITT). In an open or public tender opening, the tenderers (and other parties)
are allowed to witness the process and inspect the tenders, in a closed opening
only the officers of the Government are present.
Tender opening The group of officers who are authorised under the Government’s procurement
committee procedures to witness, administer and record the tender opening process.
Tender price Price offered by tender (contractor, supplier, vendor) for a specific work, supply
or service, and valid only for the specified period.
Turnkey A contractor who is responsible for the whole process of design, procurement,
contractor construction and installation work in a project. When transferred to the
Government, a turnkey project is fully ready for use.
Glossary
Term Definitioni
Value for money Utility derived from every purchase or every sum of money spent. ‘Value for
money’ is based not only on the minimum purchase price (economy) but also
on the maximum efficiency and effectiveness of the purchase.
Variation Changes in work permitted under the contract. See also ‘Variation order’.
Variation of Provision in a contract for increasing or decreasing the contracted price for
price clause labor, material, etc., in step with an agreed upon benchmark such as the cost
index issued by the Department of Statistics.
Variation order The group of officers who are authorised under the Government’s procurement
committee procedures to approve variation of works under a contract.
_______________________
i
Part of the items in the Glossary was extracted / modified from: www.businessdictionary.com.
PART I : INTRODUCTION
CHAPTER 1
INTRODUCTION
Chapter 1 – INTRODUCTION
Table of Contents
1 INTRODUCTION
1.1 INTRODUCTION
Volume 10 covers all general procedures and practices pertaining to contract administration,
commencing from tender stage until the completion of defects liability stage.
It is aimed to be the first point of reference for all matters pertaining to DID contract procedures,
e.g.
The chapters within the Volume 10 are grouped to 3 parts, and covering subjects, as follows:
Part I gives a whistle-stop tour of the whole DID organization structure and procurement processes,
including an outline on project implementation.
Although pre-contract works are usually not considered as ‘contract administration’, it is part of the
procurement process and included in Volume 10 for ease of reference.
Part II covers the DID general procurement processes, and the procedures for preparation of tender
documents (for works) up to the acceptance of tender (or award of contract).
Post-Contract administration can be defined as the coordination of the actions required for the
performance of the contract, including guidance and monitoring necessary to assure that all
contractual obligations are fulfilled by the parties to the contract, i.e. the Department of Irrigation
and Drainage (representing the Government) and the Contractor.
Part III covers the contract administration procedures and best practices.
It also includes explanatory notes on contractual issues such as delays and extension of time,
practical completion and disputes resolution.
Upon receipt of a document change notification, the superseded page/document shall be removed
and replaced by the new page/document.
Changes must be recorded in the ‘Registration of Amendments’ sheet at the front of the Volume.
Where applicable, the information are presented in the following manner and order:
1.5.1 Flowcharts
The flowchart provides an overview of the processes set out within the chapter, and the sequence
and interrelationship between the processes.
1.5.2 Procedures
The guidelines or guidance notes on contract administration practices are set out after the
procedures. These shall be presented in bullet-point format, as far as possible.
The guidelines or guidance notes are summaries only. For further details, reference must be made
to the relevant and current DID Circulars, Treasury Circulars and Treasury Instructions. See
‘References’.
- sample documents
- and other documents Comment [scho1]: “”list of sample documents
(which are compiled under Volume 10A’ deleted.
as may be relevant to the chapter.
The Reference Documents are compiled under Volume 10A – Reference Documents.
1.5.5 Appendices
The Appendix or Appendices are appended at the end of each chapter, and generally include
checklist(s) of work processes relating to that chapter.
1.5.6 References
A list of the relevant DID Circulars, Treasury Circulars and Treasury Instructions are included at the
end of each chapter.
Sample documents or pro forma documents are set out in Volume 10A of the DID Manual.
An officer may propose changes to the contents or procedures set out in Volume 10, by using the
Document Change Control Form.
The officer should state the proposed amendments together with reasons for the amendments in the
Amendment Record Sheet.
Upon approval, the new document shall be inserted, and the Registration of Amendments sheet at
the front of the Volume 10 must be updated.
Chapter 1
– Introduction to Volume 10
APPENDIX 1A
Pro-Forma
- Document Change Control / Approval
TO :…………………………………………….
CHANGE REQUEST
................................................................... ........................................
[OFFICER] Date
Name :
Designation:
Contact No :
APPROVAL RECORD
Remarks :
................................................................. ..............................….......
[APPROVING OFFICER] Date
Name :
Designation:
Contact No :
Chapter 1
– Introduction to Volume 10
APPENDIX 1B
Pro-Forma
- Amendment Record Sheet for Revision
TO:……………………………………….
DOCUMENTS ISSUED
REMOVE INSERT AMENDMENT/ REASON FOR
DOCUMENTED AMENDMENT/
PROCEDURE DOCUMENTED
PROCEDURE
Volume 10, Chapter ……….
After Revision : ____ has been inserted, please complete the Registration of Amendments Sheet on
PART I : INTRODUCTION
CHAPTER 2
Table of Contents
List of Figures
2.1 INTRODUCTION
2.2 BACKGROUND
"It was the vital need for irrigation facilities - to open new areas for a fledging paddy growing
industry - that provided the impetus for the establishment of the Department of Irrigation and
Drainage or the DID as it is popularly known."
Prior to the formation of DID in 1932, all works in connection with drainage and irrigation was
related to by the Public Works Department. Following the slump in the tin and rubber industries in
the late twenties and the worsening rice situation in the country, the then British High Commissioner
appointed in 1930 a Rice Cultivation Committee to determine "the best steps to be taken in order to
encourage rice cultivation in Malaya".
The Committee made a comprehensive survey and published its report in 1931. One of its main
recommendations was "that an Irrigation and Drainage Department should be established which will
execute in the Straits Settlement and Federated Malay States and advisory in the Unfederated Malay
States, which will absorb the Hydraulics Branch of the Public Works Department, Federated Malay
States". This recommendation was accepted as a separate department on the 1st. of January 1932.
During the first 10 years of the Department's existence up to the Japanese occupation, 20,000
hectares of new padi land were developed and improved, irrigation and drainage facilities were
provided to some 50,000 hectares of existing padi lands. The Department took over the maintenance
of drainage works on 40,000 hectares of estate and smallholder lands in Selangor and Perak.
Reconstruction of these works and their extension raised the total area to about 80,000 hectares in
1942. During the Japanese Occupation, little or no new development took place apart from the
completion of some structures that were partly finished when the war broke out. In the drainage
areas, neglect resulted in drains being silted up and overgrown with plants, and in some instances
almost entirely filled up.
On the re-occupation of Malaya in 1945, emphasis was given to the rehabilitation of irrigation works.
The established policy of the Government was to reduce the country's dependence on imported food
supplies, with emphasis towards self-sufficiency in rice, and every effort was made to increase the
local production of rice. Following the Independence of Malaya in 1957, greater emphasis was placed
on increasing the income and employment opportunities of the rural poor.
With this objective, the irrigation and drainage programmes were formulated to provide adequate
irrigation facilities to enable double cropping of padi lands, and drainage facilities for improved
production of tree crops especially in small holdings.
Subsequent to the formation of Malaysia in 1963, additional State Drainage and Irrigation
Departments were established in Sabah and Sarawak and this increased the number of State
Departments to thirteen with the Federal Headquarters being responsible for the overall drainage
and irrigation matters in the country. The significant increase in development since 1957 is reflected
in the areas provided with irrigation facilities increasing from 205,000 hectares (3,000 hectares with
double cropping facilities) to 332,000 hectares (249,000 hectares with double cropping facilities) by
the end of 1981. The areas provided with drainage facilities, too, has increased from 142,000
hectares to 476,000 hectares in the same period.
In 1970/71, severe floods occurred in many parts of West Malaysia and the situation was so serious
that a national disaster had to be declared on January 5th. 1971. Subsequent to this occurrence,
flood mitigation and hydrology was made an additional responsibility of the Department from 1972
onwards.
From 1986, coastal engineering has become an added function of the DID. The River Management
Conference was held on 1988, and a subsequently lead to the establishment of the River Engineering
Division in 1990.
The Department has moved from the Ministry of Agriculture (MOA) to the Ministry of Natural
Resources & Environment (NRE) on March 27th, 2004 and taken on new and expanded
responsibilities. Today, the DID's duties encompass :
River Management
Flood Mitigation
Coastal Management
Stormwater Management
The DID can look back on its history of successfully executed programmes with pride. The
experience and knowledge that it has gained, together with its current dynamism have placed the
Department in the forefront as the custodian of the nation's water resources.
Vision
Mission
To manage water resources, river basins, flood risks and coastal zones to achieve environmental
sustainability and enhanced quality of life.
Objective
To provide engineering services which are beyond the capability of the target group itself and
subsequently to ensure optimum land utilization and more efficient management of the nation's
water resources.
Core Values
with
Quality
Integrity
Caring
Q Policy
15 divisions
15 state departments
special project teams.
The DID is headed by the Director-General and assisted by Deputy Director-General (Development)
and Deputy Director-General (Operation).
Each division and state department is headed by a Director, and assisted by Deputy Directors and
officers.
The special projects are under the purview of the Project Management Division, and each project is
headed by its Project Engineer.
Please refer to the DID official website for the current name and contact of the Director General,
Deputy Director General, and Division and State Directors : http://www.water.gov.my/.
The organisation structure and corporate information of each division and state can be obtained
through the links to the website.
DIRECTOR GENERAL
LEGAL ADVISOR
FLOOD MANAGEMENT RTB
MITIGATION SERCVICES MSC
STATE
HYDROLOGY & RTB
RIVER
WATER SUNGAI MUDA
RESOURCES
JOHOR KEDAH
MECHANICAL &
COASTAL RTB
ELECTRICAL
MELAKA PERLIS KUALA LUMPUR
SERVICES
W.P.PUTRAJAYA PAHANG
QUANTITY
INFORMATION UPPP
SURVEYING &
TECHNOLOGY KELANTAN
CONTRACT
PERAK SABAH
QUALITY &
RTB
PERFORMANCE
SUNGAI KLANG
AUDIT
PULAU PINANG SARAWAK
SMARTCONTROL RANCANGAN
LABUAN CENTRE PENGAIRANMUDA
Organisation chart of DID, Malaysia effective from 1st June 2008. Please refer to the official
website, http://www.water.gov.my, for the current chart and other corporate information.
PART I : INTRODUCTION
CHAPTER 3
PROCUREMENT
– OVERVIEW
Chapter 3 – PROCUREMENT- OVERVIEW
Table of Contents
List of Figures
List of Tables
3 PROCUREMENT
3.1 INTRODUCTION
“Procurement” is about making choices and can be defined as the process of acquiring goods (or
supplies), works and services from suppliers, contractors and consultants, as the case may be as
shown in Figure 3.1.
The procurement process covers the whole life cycle from identification of needs, through to the
satisfactorily delivery of goods or service or handing over of completed works.
Procurement, therefore, has a broader meaning than that of simply purchasing. It is concerned with
securing services and products that best meet the needs of users and stakeholders. The key
objectives of the procurement should be met.
The Treasury1 requires good governance practices when procuring for the Government through
tenders. The Project Team should be mindful of these principles when acquiring goods, works or
services:
Public accountability.
Transparency.
Value for Money.
Open and fair competition.
Fair dealings.
The determination the most acceptable price for the procurement of works, goods or services
generally shall be carried out through:
quotation exercise, or
tender exercise, or
negotiation.
1
Surat Pekeliling Perbendaharaan Bil. 5 Tahun 2007 - Tatacara Pengurusan Perolehan Kerajaan
Secara Tender
Government
Procurement
Supplies
A brief outline on
procurement process
for supply of goods is
set out in Appendix 3A
of Chapter 3 Works
An overview on
procurement and
procurement strategy
for Works are covered
in Chapter 3. Services
The quotation exercise is used where the estimated value of works, goods or service does not
exceed RM500,000.00 per year. (Please refer to Treasury Circulars for current thresholds).
The tender processes involve a combination of ‘Open’ and ‘Selective’ tendering methods. The
following are some of the often used processes.
Open tender - Suppliers, contractors or consultants are invited through advertisement. All
respondents to the advertisement who request tender documentation will be invited to submit a
tender. There is no pre-qualification questionnaire or short-listing stage prior to invitation to
tender. Minimum standards of suitability may be lay down for respondent, failing which no tender
document will be issued.
Selective tender - Only suppliers, contractors or consultants who are short-listed will be invited to
submit a tender. Care must be taken to ensure that the number invited is adequate to provide
competition. The tender list may be drawn from DID’s existing database, or through a pre-
qualification exercise.
‘Two Envelope’ Tenders – This method is often used in private sector only and not applicable on
Government Projects. The purpose of the "two-envelope" tender method is to eliminate any
perceived or actual pre-judgment that may develop for, or against, lower or higher priced tenders
before non-price criteria are evaluated. The ‘technical bid’ and the ‘financial bid’ are evaluated
separately, by separate evaluation committees.
For Government projects all procurement whether works, supply of goods or service exceeding
RM500,000.00 per year shall be invited through tender.
Goods, services or works may be directly sourced through direct negotiations, where usually there is
no competitive process.
Direct negotiation is permitted where a directive is given by the Ministry of Finance to procure
particular goods, services or works from an identified party.
Detailed written records of negotiations must be maintained to avoid disputes, and provide
transparency.
The general procurement strategy of goods and services are outlined in Section 3.4.
Reference must be made to the current Government Circulars on the purchasing of goods and
services, in respect of:
The financial thresholds for purchasing goods and services and by what method
The procedure for opening tenders, evaluating them and awarding contracts
The non-commercial considerations that need to take place in advertising tenders and tender
evaluation.
The general procurement route for supply of goods for Government projects is as follows:
Exemptions to the Treasury Instructions are permitted for emergency cases only subject to the
conditions stated in Treasury Instruction 173.2.
A brief outline on procurement process for supply of goods is set out in Appendix 3A (Procurement of
Goods) of this Chapter.
a) Consultancy Services
The consultancy services encompasses consultancy services for both physical and non physical
development and other category required by the Ministry/ Department and decided by Treasury from
time to time.
The non consultancy services covers services such as provision of training and courses, maintenance
and repairs, cleaning, rental and building management, security and others.
A brief outline on procurement process for services is set out in Appendix 3C (Procurement of
Services) of this Chapter.
For Government projects the following procurement routes are commonly adopted:
a) Work order or indent - value of works not exceeding RM100,000 and shall be based on
approved Schedule of Rates for Civil Engineering and Building Works. For Electrical Work the
value shall not exceed RM50,000 and shall be based on approved Schedule of Rates for
Electrical Works.
b) Requisition works - minor and repair works (which do not alter the original structure) which
value do not exceed RM100,000 and shall be based on approved Schedule of Rates.
c) Non requisition works – works which are not based on approved Schedule of Rates and the
value of works does not exceed RM500,000.
d) Works which estimated value exceeds RM500,000 must be procured through tender, either
through conventional or design and build contract.
The procurement strategy should be consistent with the objectives of the project and should enable
the risks (i.e. uncertainties of time, cost and performance) to be controlled to achieve a successful
outcome. It is the outcome of a series of decisions which are made during the early stages of a
project and the chosen strategy influences the allocation of risk, the design strategy and the
employment of consultants and contractors. It has a major impact on the time scale and ultimately
the cost of the project.
The main types of procurement option commonly adopted by the Government are as follows:
b) Design and build : design and construction are both undertaken by a single contractor in
return for a lump sum price.
The chosen option should also reflect the Government’s technical ability and resources and the
amount of control over the process which the Government wishes to exert directly or indirectly.
Therefore, Project Head and/or Project Team must have a clear understanding of where the ultimate
authority and responsibility for controlling and managing the important risks lie.
There are a number of key factors to be considered when selecting a procurement option. These
include:
Whatever procurement route is chosen, sufficient time must be built into the overall programme to
allow for all planning stages to be fully completed (both before construction starts and during the
progress of the project). Good planning will include getting the construction sequence right,
assessing and managing project risks, and using value management to assess the contribution of
each part of the construction process. These steps will minimise the likelihood of delays, extra costs,
and waste/inefficiency.
The procurement routes briefly described in Sections 3.6 to 3.7 may be adopted for a DID project.
Under the ‘conventional’ or ‘traditional’ contract, the contractor builds to a defined scope of work for
a fixed lump sum price. It is sometimes referred to as lump sum contract. The fixed lump sum price
contract may be based on drawings, specifications and quantities or based on drawings and
specifications only.
With this type of contract, the Design Team (whether in-house designers, or Consultants appointed
by the Government) are to fully develop the design prior to going out to tender.
The contract is with the main contractor who has responsibility only for the construction works.
If the design has been fully thought out, developed and frozen, then in theory, this type of contract
should provide a reasonable degree of cost certainty at tender stage.
However, the need to work to tight timescales may mean that a fully developed design cannot be
prepared in advance of tendering, in which case, subsequent design changes will invariably lead to
cost escalation
Competitive fairness.
Design-led, facilitating a high level of quality in design and construction is achievable as the
scope of the work is prescribed on an input basis.
The Government retains direct contractual relationships with the design team, cost consultant
and main contractor.
Price certainty and transfer of risk to the main contractor is achieved at contract award provided
no subsequent changes are instructed to the design.
The procedure is well known, and changes to the works can be easily arranged and valued based
on known prices obtained in competition without necessarily excessive cost or time implications.
Satisfactorily public accountability.
The overall programme may be longer due to the need to produce a fully detailed design before
the project goes out to competitive tender and work starts on site i.e. no parallel working.
No buildability input by contractor.
The Government must have the resources and access to the expertise necessary to administer
the contracts of consultants and the main contractor since the traditional method often results in
adversarial relationship developing.
Claims for delay and disruption can arise if the design is not fully detailed prior to agreeing the
contract sum or if the Government varies the design afterwards. Thus it could be open to abuse,
resulting in less certainty.
Under a design and build contract, a single contractor assumes the risk and responsibility for
designing and building the project in return for a fixed lump sum price.
Since it is a fast track procurement strategy, construction normally commences before the
completion of all detailed design but at the contractor’s risk.
The range of design and build options available ranges from “turnkey” where the Government has
little involvement in the design development or construction procurement process, to “develop and
construct” where the Government appoints the designers to develop the brief to a level of
sophistication which will leave the design and build contractor to develop the detail or specifications
elements.
Under design and build the risk is transfer to the contractor and the Government loses some control
over the project. Any requirement which is not directly specified in the Needs Statement or tender
documents will invariably constitute variation to the contract which are usually more expensive to
introduce after the contract is awarded compared with other types of procurement strategy.
Therefore the Needs Statement must be fully and unambiguously defined in the tender documents
(i.e. clear, accurate and delivered on time) and if the requirements are not specific, then the
performance specifications should be provided at the tender stage. Under this procurement option
the contractor is likely to deliver the greatest performance benefits to the Government through
innovation and standardisation, where appropriate output specifications are used.
Where in some circumstances where the design and build procurement contract is extended to cover
the maintenance and/or the operation of the facility for a substantial period, the contractor has
increased opportunity for adopting innovative solutions that provide greater value for money when
considering the whole life costs.
Design and Build contract may be procured through negotiation or tender process. See Appendix 3 –
Flow Chart on Procurement of a Design and Build Contract through Direct Negotiation.
Single point responsibility for design and cost risks (i.e. the Government has only to deal with
one firm).
Price certainty is obtained before construction starts provided the Government’s requirements
are adequately specified and changes are not introduced.
Potential for more economical construction due to early consideration of building methods
('buildability').
Reduced total project time due to the possibility of early completion i because of overlapping
activities.
The Private Finance Initiative or PFI is a form of public-private partnership (PPP) that combines two
(2) procurement options, i.e.
where the Government purchases capital items from the private sector, and
where the Government the contracts-out the provision of public services from the private sector.
PFI differs from privatisation in that the public sector retains a substantial role in PFI projects, either
as the main purchaser of services or as an essential enabler of the project.
PFI differs from contracting-out in that the private sector provides the capital asset as well as the
services. The PFI also differs from other PPPs in that the private sector contractor also arranges
finance for the project.
Under the most common form of PFI, the private sector designs, builds, finances and operates
(DBFO) facilities based on ‘output’ specifications decided by public sector managers and their
departments.
The private sector already builds most public facilities but the PFI also enables the design, financing
and operation of public services to be carried out by the private sector. Under the PFI, the public
sector does not own an asset, such as a hospital or school but pays the PFI contractor a stream of
committed revenue payments for the use of the facilities over the contract period. Once the contract
has expired, ownership of the asset either remains with the private sector contractor, or is returned
to the public sector, depending on the terms of the original contract.
PFIs are usually initiated at the Treasury or Ministry levels. There are no ‘standard’ terms and
conditions, as each PFI largely depends on the assets and services requirements and the financing
package.
Benefits include:
The process is service rather than project focused and concentrates on the whole life of the
service and associated assets.
There is a single point of responsibility for service delivery.
There is an opportunity to draw on a wider range of management and innovation skills.
Construction projects of high capital value are more likely to achieve value for money under the PFI
route.
Risks include:
The process will be at risk without a long-term commitment from both the Government and
"service providers".
The process leading up to the completion of a new building can take a long time and needs an
extensive and fully refined brief at the outset.
There is a significant cost to the industry in tendering which has to be recovered by each bidder.
Change is difficult to achieve and potentially expensive to incorporate once the contract is let.
For works
o PWD 203A – Standard Form of Contract To Be Used Where Bills of Quantities Form Part
of The Contract
o PWD 203N – Standard Form of Contract for Nominated Sub-Contractor Where the Main
Contract is based Upon PWD Form 203 or 203A
For Goods
o PWD 203P – Standard Form of Contract for Nominated Supplier Where the Main Contract
is based Upon PWD Form 203 or 203A
o PWD 203E – Standard Form of Contract for Supply and Delivery of Engineering
Equipment and Plant
For consultants (where the professional fees are based on Scale of Fees prescribed by the
respective professional boards)
3.7 REFERENCES
Treasury Circular
(Surat Pekeliling Perbendaharaan)
[1] Bil 2 Tahun 1999: Had Nilai Perolehan dan Kuasa, Tanggungjawab Lembaga Perolehan dan
Jawatankuasa Sebutharga
[3] Bil 5 Tahun 2007: Tatacara Pengurusan Perolehan Kerajaan Secara Tender
[4] Bil 12 Tahun 2007: Had Nilai Dan Syarat-syarat Pembelian Terus Bagi Bekalan Dan
Perkhidmatan
[5] Bil 5 Tahun 2009: Pembahan Had Nilai dan Tatacara Pengurusan Perolehan Secara
Sebutharga
Treasury Instruction
(Arahan Perbendaharaan)
DID Circulars
(Surat Pekeliling / Edaran JPS)
[1] SP JPS Bil. 3/2004: Garis Panduan Perolehan Kerja Secara Sebutharga
[2] SP JPS Bil 3/2008: Tatacara Baru Permohonan dan Perlantikan Perunding di JPS Malaysia
Chapter 3
– Procurement - Overview
APPENDIX 3A
Procurement of Goods
Estimated Value of
Goods / Supplies
Flowchart Description
10 10. Payment
Flowchart Description
3 3. Planning.
5 5. Tender Advertisements.
13 13. Payment.
3A.1 PROCEDURES
o Quantity
o Quality
o When the Goods is required.
Chapter 3
– Procurement - Overview
APPENDIX 3B
Procurement of Works
Project Brief
Select
procurement
route
Value?
Construction by contractor
Project Brief
Select
procurement
route
By
In-House Design in- consultants
house or by
consultants?
Prepare Needs
Statement (By DID) Appointment of
consultants
Design stage
Tender / Direct
Negotiation
Process
Design and
construction by
contractor Construction by
contractor
Completion and
Hand-over to DID
7
7. Decision and Approval.
8
8. Issue Works Indent.
9
9. Contractor completes the Work and
returns Works Indent duly signed.
10
10.Payment.
No
5 5. Tender documents in order? -
Yes
6 6. Tender notice and advertisement. PO
16 16. Payment SO
6
6. Check tender documents and Bills of Quantities. PO /QS or Engr
No
7 7. Tender documents in order? -
Yes
8. Issue tender documents to Contractor for BUBK
8 pricing, and received priced tender documents.
12
12. Approval from Ministry of Finance. -
19 19. Payment SO
18 18. Payment SO
Chapter 3
– Procurement - Overview
APPENDIX 3C
Procurement of Services
Type of Services
Non Consultancy
(Conducting courses and Consultancy
training, maintenance
and repairs, cleaning
and clearing, rental and
building management,
security and etc.
No
4 4. Agree with recommendation paper? [8] BUBK
5
5. Propose different consultants BUBK
Yes
Approve
19. Payment. -
19
6
6. Approval of new selection). Deputy DG
(Development)
7
7. Submit the recommendation paper to the
Authorised Party.
8
8 Approval from Authorised Party
10
10 Shortlisted consultants submit Technical and
Financial Proposals
11
11. Evaluation of Technical Proposals and Financial
Proposals.
12
12. Forward recommendation (report) to BUBK. PH/PO
13 Approve
Disagree 13. Check and submit recommendation on cost to BUBK
without Authorised Party for decision.
negotiation
14
14. Authorised Party approves recommendation?
Approve 15
requiring 15. Issue Letter of Intent to Consultant.
negotiation
16
16. Technical and Financial negotiation with
Consultant
17
22
22. Payment.
The Authorised Party and limit of authority for the appointment and approval the cost of consultancy
services are as follows:
Authority Limit
Authorised Party
Project Cost Consultancy Cost
a. Treasury Exceeding RM50 million Exceeding RM5 million
b. Procurement Board “A” Ministry of
Up to RM50 million Up to RM5 million
Natural Resources and Environment
(Ref : Treasury Circulars No. 8/ 2007 and DID Circular JPS No 3/2008).
PART I : INTRODUCTION
CHAPTER 4
PROJECT IMPLEMENTATION
– OVERVIEW
Chapter 4 – PROJECT IMPLEMENTATION – OVERVIEW
Table of Contents
List of Figures
Figure 4.3 Project Initiation Chart (Other than Special Projects) 4-5
4.1 INTRODUCTION
An overview of the process of implementing and managing the projects undertaken by the DID.
A brief outline of the roles and responsibilities of the various member of the project team.
the stakeholders, who have vested interest in the success or outcome of the project.
Internal stakeholders include the Government department who is the originator of the project, or
the end-user of the works. External stakeholders include such parties who may be affected by
project, including neighbouring landowners and those who may benefit from the completion of
the project (say, residents at a flood prone area, under a flood mitigation project).
These professionals and specialists contribute knowledge and experience to the decision matrix
at each stage of the project implementation.
the contractors(s) and nominated subcontractors / suppliers who shall deliver the completed
project.
The functional relationship of the various parties in the project is as shown in Figure 4.1.
The task of project management is to bring all the parties together and co-ordinate the actions to
enable them to make their best possible contribution in the most efficient manner.
In larger scale projects, the management function of a project is often separated from the design
and execution functions, whilst in smaller projects both the management and design functions may
be carried out by the leader of the design team.
The roles of the Project Team and the parties in connection with the implementation or project and
administration of contract are further discussed in section 4.5, below.
Internal
Stakeholders External
Stakeholders
PROJECT TEAM
Contractor
Nominated Sub-
Contractors /
Suppliers
Legend:
Direct Relationship
Indirect Relationship
For the purpose of this Chapter, the stages in the project life cycle are summarised into the nine (9)
main stages, as outlined below and represented in Figure 4.2.
The main activities and responsibilities of the Project Team at each state are set out below.
Volume 10 shall only cover Tender, Construction, Completion and Hand-over and Defects Liability
and Close out Stage.
DETAILED
END
DESIGN STAGE
The Treasury or
The Ministry’s Development Division or
A DID Division or State
The project initiation and implementation chart is set out in Figure 4.3.
At this stage, the general objectives of the project are established and a budget may be allocated for
its implementation.
Once the project is approved, and the budget is allocated, the Controlling Officer or Director-General
(as the case may be) shall delegate the implementation of the project to the respective Division or
State Director.
The Division or State Director shall then appoint the Project Head for the implementation of the
project.
At the pre-implementation or pre-tender stages of each project and/or contract, the Project Head
and Project Team must check that sufficient budget is available for the project and/or contract.
At the project planning stage, the Project Head and his team shall develop the package strategy for
the overall implementation of the project, including:
The programme should include key stages, including the review, verification and validation of various
design output produced by the Design Team / Consultant.
Considerations should be given, and decision made, whether to procure under a traditional contract
(i.e. design-tender-construct), or under a design a build contract.
Further studies may be required before the Conceptual Design Stage may commence, or to be
carried out concurrently with the Conceptual Design Stage, including:
Feasibility study
Site investigation
Hydrological and Hydraulic investigation
Geotechnical investigation
Environmental impact assessment.
Other issues to be considered and included in the project planning stage are:
Land acquisition.
Co-ordination and liaison with other Government departments and agencies
For design and build contracts, the Needs Statement shall be prepared by DID to be included in the
pre-bid document to be issued to the Tenderers for the submission of the technical and commercial
proposal.
The Design Team / Consultants shall develop the conceptual design based on the Needs Statement.
The conceptual design process should provide the outline design to a level such that the scope of
works can be fully confirmed and agreed.
The endorsement of the Division / State Director is required before proceeding to Preliminary Design
Stage.
For design and build contracts, the Tenderer’s proposal shall include the conceptual design. This
shall be one of the basis for consideration for the award of contract.
At the preliminary design stage, the Project Team shall appraise the soundness of various design
proposal and assess the buildability, as more information is gathered following the approval of the
conceptual design.
Value management should be carried out during the process so as to have optimal performance at
the advantageous economic value. The Project Head / Project Team shall appraise the various
options, and propose to the relevant Division / State Director or Funding Body for implementation.
The output from the preliminary design process should secure a preliminary endorsement from the
Division / State Director or Funding Body, and enable the Design Team to proceed to the Detailed
Design Stage.
This process is also applicable for Design and Build Contracts, where the approval of the Preliminary
Designs shall enable the Contract Sum to be finalized.
The PH ensures that the decisions and matters agreed in the earlier stages are effectively and
efficiently implemented.
During the detailed design stage, the Design Team shall carry out technical design and production of
drawings concurrently. The Designer shall ensure that the design coordination is carried out closely.
Interaction between the End-User is also required, especially in the selection of materials, goods and
plants.
The Design Team should advise on the suitability and reliability of the selected items. The Design
Team must allow sufficient time for the End-User to consider and approve the submitted designs
and drawings.
This process is also applicable for Design and Build Contracts, where the detailed design stage is
carried out by the Contractor.
At this stage, the Project Team has sufficient information to identify the various scope of works, e.g.
the various construction packages ranging from main contractor, nominated sub-contractors and
nominated suppliers.
Pre-qualification of tenderers
Type of Tender (Open, selective or direct negotiation)
Preparing list of tenders for approval by Tender Procurement Board
Packaging the works into multiple contracts
Types of contract, e.g. with quantities (JKR203A) or without quantities (JKR203). The decision to
use design and build contract (JKR DB/T) is usually made at the Project Planning Stage.
Activity schedule for the tendering process, until construction completion.
Please refer to Part II – Pre-Contract for the tendering and award process and procedures.
In this stage, the Project Team is principally involved in monitoring the performance of the
Contractor, and the progress of the works.
Please refer to Volume 10, Part III – Post-Contract for the contract administration process and
procedures for the construction stage.
Please refer to Volume 11 for the construction management process and procedures for the
construction stage.
The Project Team shall ensure that all prerequisites as per the contract has been completed and
delivered (except the obligations to be carried out in Defects Liability Stage, or deferred/exempted
under the terms of the Contract) before the Certificate of Practical Completion is issued, including:
The Consultants / Superintending officer’s Representative shall prepare and submit the
recommendation report, together with the Schedule of Defects and list of acceptable outstanding
works, if any, to the Project Team.
Refer to Volume 11, for the process and procedures relating to project completion and hand-over.
The Project Team shall demobilise upon the issuance of the Certificate of Practical Completion, save
for such remaining members who are given the responsibilities of monitoring and managing the
Defects Liability Stage, and the preparation of the Final Accounts and Final Certificate (Close Out
Team).
all defective works which had been identified during the defects liability period have been
rectified, and properly closed out.
Upon the expiry of the Defects Liability Period, a Schedule of Defects (if necessary) is prepared
and the defects therein rectified by the Contractor.
The Final Accounts are prepared and signed off by the Contractor.
the final inspection shall be arranged, and jointly carried out by the relevant parties, and the
Certificate of Making Good Defects is issued as per the Contract.
The final deliverables, such as statutory declaration (or letter from the Labour Department) are
submitted prior to issuance of the Final Certificate.
Refer to Volume 11, for the process and procedures relating to the on-site management of Defects
Liability Stage.
Refer to Volume 10, chapters 18 and 19 for contract administration for defects management, and
Final Account and Final Certificate.
Special Projects are one-off projects, initiated by the Government or by a third party, to meet a
particular need. The source of funding may be an external Funding Body, or funded through
alternative procurement strategies such as Private Finance Initiative (PFI), Build-Operate-Transfer
and other methods of procurement.
Examples of such special projects include: the Sg. Muda Flood Mitigation Project, SMART Tunnel,
Bertam - Kepala Batas Flood Mitigation Project, etc.
The project initiation, planning and implementation procedures (including terms of the contract and
contract administration) are dependant on the particular circumstances, and are excluded from this
Manual.
Nevertheless, the procedures and description set out in this manual may be used as general
guidelines, subject to the needs and circumstances of the project, and terms and conditions of the
contract.
The DID practices the project team concept to perform the activities required to complete a project.
The Project Team Organisation is set out in Figure 4.4.
The DID Project Head (PH) is the leader of this project team, and is ultimately responsible for the
execution and delivery of a project.
the Contract Administration Officer (CAO) to perform contract administration duties, and
the Superintending Officer’s Representative (SOR) and Project Supervisor (PS) to perform
construction management duties.
Where third party consultants (Consultant) are appointed, these duties are performed by the
Consultant and audited by the CAO or SOR, as the case may be.
Tender
Secretariat
Project Head
Contract
Administration
Officer
Implementation
Officer / SOR
Consultant(s)
Project
Supervisor
Typical duties for the PH, SOR, PO, CAO, PS and other project team members are detailed below:
The PH has overall responsibility and authority for entire execution of the project.
The PH is the single point of contact for all project activities from planning through project close out.
The PH may delegate responsibilities to members of his project team, including on-site construction
management duties to the Superintending Officer’s Representative, but the PH remains fully
accountable for the execution of the project within the scope, schedule, and budget parameters
established for the project.
The duties and responsibilities of the PH includes but not limited to:
Responsibility for the project’s technical and financial directions and for ensuring external and
internal stakeholder satisfaction with project results.
Administer professional service, design and construction contracts, including involvement in
design contract negotiations.
Establish initial project budgets, cost estimates, cash flow projections and master schedules.
Develop and provide periodic updates (monthly or such period set by the Stakeholders) of project
schedules and budgets.
Monitor project schedules and budgets to ensure financial and schedule milestones are met.
Resolve public questions and concerns about the project.
Co-ordinate with other Government departments and agencies and/or private utilities and
companies involved in the project.
Oversee easement acquisition/utility relocation and permitting activities.
Prevent or resolve problems occurring during project development and execution.
Participate in the development of bidding documents and the construction contract award process
(as applicable).
Analyse problems occurring during the project and take actions to ensure project goals are met.
Provide regular progress reports and monthly briefings.
Ensure project records and documentation are properly maintained.
Select and assign projects to staff, SOR and consultants.
Set schedules for interim project reviews.
Supervise the quality assurance manager and safety and health officer for the project.
The PH may delegate duties or responsibilities to the SOR, or PDR for design and contracts.
The SOR will ensure that the Contractor’s work is supervised and routinely inspected. The SOR must
confirm that the Contractor complies with all required contractual, cost, schedule, safety and quality
obligations, including environmental requirements.
For the purpose of this Manual, the Procurement Officer (PO) is responsible for the pre-contract
administration functions including coordination with the PH to choose a project-delivery method,
selecting and appointing Consultants and carrying out exercises for selection of contractors.
The PO shall facilitate the necessary approvals from the appropriate Authorised Party.
The Tender Secretariat is responsible for the preparation of the tender evaluation paper for the
Tender Procurement Board meeting.
The Contract Administration Officer is responsible for all post-contract functions, including facilitating
payment applications, tracking changes and costs, assisting the SO/PD or their Representative in the
assessment of contractor’s claims for additional time and payments, and project close out with the
project team.
The CAO shall facilitate the necessary approvals from the appropriate Authorised Party.
The Project Supervisor (PS) will perform day-to-day construction management activities in support of
the SOR.
The PS’s responsibilities include daily supervision of the Contractor’s work, daily preparation of
written reports, and facilitating communications between the Contractor and SOR.
The Designer is responsible for designing the project and preparing plans, specifications and
estimates and design manuals.
DID’s own engineering staff, especially on smaller design projects where a quick turn around is
required, may perform Designer services inhouse.
Large projects requiring a full range of professional services (soils, investigation, survey, public
involvement, hydraulic analysis, etc.) are typically performed by the Consultant who has been
awarded a qualification-based professional services contract with the DID.
4.5.9 Consultant
Where Consultant is appointed to carry out design works or to provide specialist services, the PH
may also appoint the Consultant as his representative on contract-related and construction-related
matters.
Within the limits of the delegation, the Consultant will inspect the Contractor’s work and ensure that
the Contractor meets the required contractual, cost, schedule, safety and quality obligations.
Notwithstanding the roles and responsibilities of the parties implementing the project under the
contract, the execution and supervision are ultimately the responsibilities of the SO/PD and the
Contractor.
The administration of the construction contract is the responsibility of the SO/PD duly named in the
contract.
Who may be appointed or named as the SO/PD depends on a number of factors, including:
The supervision of the construction work is generally carried out by the SOR/PDR.
The SO/PD may delegate powers to more than one officer to perform different duties on his behalf,
as follows:
The format of letters delegations are appended under Volume 10A, Chapter 9 – Contract
Documentation.
4.6.3 Contractor
For the purposes of this Volume 10, the Contractor refers to the general contractor on a DID
construction project.
The Contractor is the prime contract holder with ultimate responsibility for completion of the
construction work.
The PH, SOR/PDR and other DID officers typically should only have direct communications with the
Contractor (i.e. the PH should not correspond directly with subcontractors).
For the purposes of this Volume 10, the PH’s primary point of contact with the Contractor is the
Contractor’s representative, as designated by the Contractor.
The PS’s primary point of contact with the Contractor is the Contractor’s site agent (or foreman).
The DID is required to comply with the procurement and payment procedures set by the Treasury.
Only such person who is duly authorised (Authorised Party) may accept, approve, certify or
otherwise act on behalf of the Government, in matters of procurement or administration of contract,
irregardless who the Project Head or Superintending Officer / Project Director may be.
Further details of the Authorised Party and the limit of authority are set out in Chapter 5 – Authority.
PART II : PRE-CONTRACT
CHAPTER 5
AUTHORITY
Chapter 5 – AUTHORITY
Table of Contents
List of Tables
5 AUTHORITY
5.1 INTRODUCTION
A brief explanation on the demarcation between administration of contract, and the authority to
accept, approve or certify on behalf of the Government.
The types and limits of authority applicable to contracts let by the DID.
Circulation of documents to the relevant parties.
The DID complies with the procurement guidelines set under the current relevant Treasury
Instructions.
The person who is duly authorized (‘Authorised Party’) may accept, approve, certify or otherwise act
on behalf of the Government, in matters of procurement or administration of contract, irregardless
who the Project Head or Superintending Officer / Project Director may be.
The limit of authority is usually dependent on the value or estimated value of the contract.
For pre-contract and post-contract procedures, all actions requiring acceptance, approval or
certification and the Party who is authorised to act on behalf of the Government / DID are set out in
the following sub-sections.
In general any works estimated exceeding RM200,000 or supplies which value exceeding RM200,000
per annum for each item must be procured through open tenders with the exception for supplies
where the qualified suppliers under each trade is known to be less than five (5) suppliers then
approval from the Chief Secretary of Treasury or State Financial Officer (where applicable) must be
obtained before tender notice can be sent through registered letter or express delivery.
The Authorised Party for approval of list of tenderers for selective tenders or direct negotiation
purposes is as follows:
Ref : Ministry of Finance Guidelines for Tender Evaluation (January 2008 Edition).
The limit of value and authority of the procurement board for acceptance of tenders is as follows:
Limit of Authority
Authorised Party
Works Supplies / Services
Where the procurement process requires the approval from the Ministry of Finance, the Tender
Committee shall submit the Procurement Board’s recommendation to the Ministry of Finance for
further decision. In addition if the decision is not unanimous then it must be referred to the Ministry
of Finance.
Ref : Ministry of Finance Guidelines for Tender Evaluation (January 2008 Edition) and AP198.1
Section 2 of Government Contracts Act 1949 (Revision 1973) states that all contracts made in
Malaysia on behalf of the Government shall, if reduced to writing, be made in the name of the
Government of Malaysia and may be signed by a Minister or by any public officer duly authorised in
writing by a Minister, either specially in any particular case, or general for all contracts below a
certain value in his department or otherwise as may be specified in the authorisation.
For the execution (signing) of any contracts, the officer authorised to sign on behalf of the DID is as
follows:
Table 5.3 Execution of Contracts
Chief Secretary Ministry of Natural Resources and Not exceeding RM100 million
Environment
Deputy Chief Secretary I Ministry of Natural Resources Not exceeding RM30 million
and Environment
Ref : Minister of NRE Delegation of Power under Section 2, Government Contracts Act 1949 dated 18
February 2009 and AP198.1
For contract administration, the appropriate DID officers to be named as Superintending Officer (JKR
Form 203 or 203A) or Project Director (JKR Form DB/T) or to exercise the relevant powers under the
conditions of contract, are as follows:
The DID officer who is empowered to certify (sign) or give recommendation under the terms of the
contract are set out below:
* Subject to the approval of the Variation Order Committee. Please refer to Section 5.3.7.
Limit of Authority
Authorised Party
(Value of Variation)
Or
Or
Ref : AP202.2
Note: the officer who applies for or presents the request for Variation Order approval may not be
the chairman of the Variation Order Committee, or be a member of the Committee.
For the composition of the committee please refer to SP JPS Bil 2/2008.
Superintending Officer / Project Director Adjustment of Prime Cost Sum, Provisional Sum
and re-measurement of provisional quantities in
accordance with provisions of contract.
Variation Order Committee chaired by Deputy b) value of price increase for the re-
Director General measurement of quantities allowed upto
40% of original contract sum but not
exceeding RM4.5 million which ever is
the lowest
Variation Order Committee chaired by Director c) value of price increase for the re-
General measurement of quantities allowed upto
50% of original contract sum but not
exceeding RM6 million which ever is the
lowest
Chief Secretary of Treasury or State Finance
officer where relevant d) In all other case
Ref : SPP 7/2007 and AP 202 (31 July 2008); SP JPS Bil. 5/2008
For the composition of committee for re-measurement of provisional quantities, please refer to SP
JPS Bil 5/2008.
The Authorised Party, for approval of expenditure of Provisional Sums under any contract, is as
follows:
Table 5.8 Provisional Sums
5.3.9 Approval of Contractor’s Claims for Loss and Expense, Permitted under the
Contract
must be conveyed to various pertinent parties, who may not be directly connected to the contract.
5.5 REFERENCES
Please refer to the latest Treasury Circulars and DID Circulars for the limits of authority.
Treasury Circular
(Surat Pekeliling Perbendaharaan)
[1] SPP Bil. 2/1999: Had Nilai Perolehan, Kuasa, Tanggungjawab Lembaga Perolehan Dan
Jawatankuasa Sebutharga.
[2] SPP Bil. 2/2001 (Tambahan Pertama Kepada SPP Bil. 2/1999): Had Nilai Perolehan, Kuasa,
Tanggungjawab Lembaga Perolehan Dan Jawatankuasa Sebutharga.
[3] SPP Bil. 11/2001 (Tambahan Kedua Kepada SPP Bil. 2/1999): Perubahan Had Nilai Dan Kuasa
Lembaga Perolehan Agensi
[4] Bil 7 Tahun 2007: Peraturan Arahan Perubahan Kerja (Variation Order)
[5] Bahagian Perolehan Kerajaaan Ministry of Finance: Garis Panduan Penilaian Tender (Edisi Januari
2008)
Treasury Instruction
(Arahan Perbendaharaan)
DID Circulars
(Surat Pekeliling / Edaran JPS)
[1] SPJPS.UB 1/1997: Peraturan dan pihak-pihak Berkuasa Meluluskan Pengukuran Semula Kuantiti
Sementara
[2] (36)dlm. PPS.10/4/2 CUB Jld.3 (27/7/98): Pengedaran Dokumen-dokumen (Kontrak Kerja)
Biayaan Persekutuan
[3] (37) dlm. PPS. 10/4/2 CUB Jld.3 (21/9/98): Urusan Dengan Lembaga Perolehan Kementerian
Sumber Asli dan Alam Sekitar & Perbendaharaan Malaysia
[4] SP JPS Bil. 2/2001: Peraturan dan Pihak-Pihak Berkuasa Meluluskan Pengukuran Semula Kuantiti
Sementara (Tambahan Pertama Kepada Surat Pekeliling JPS.UB.1/1997)
[5] SP JPS Bil. 1/2003: Perlantikan Pegawai Penguasa (P.P), Perwakilan Kuasa Pegawai Penguasa
(Wakil P.P) Dan Pegawai-Pegawai Yang Diberi Kuasa (PYDK) Dalam Urusan
Pentadbiran Kontrak.
[6] SP JPS Bil. 2/2008: Peraturan Mengenai Arahan Perubahan Kerja Dan Pelarasan Harga Bagi
Kontrak Kerja
[7] Minister of Natural Resources and Environment: Pemberian Kuasa Di Bawah Seksyen 2 Akta
Kontrak 1949 tarikh 18 Februari 2009
Chapter 5
– Authority
APPENDIX 5A
Distribution of Documents
for Works Funded by
Federal Government
[Pengedaran Dokumen-Dokumen
(Kontrak Kerja)
Biayaan Persekutuan]
Notes:
√√ - Contract Documents and Plans
AR - Registered Post
* - if payment made at HQ only
** - if payment made at State only
# - Contract exceeding RM 1 million only
PART II : PRE-CONTRACT
CHAPTER 6
PREPARATION OF
TENDER DOCUMENTS
Chapter 6 – PREPARATION OF TENDER DOCUMENTS
Table of Contents
List of Flowcharts
8. Incorporate comments or PO
8
changes, and prepare final
Tender Document
6.1 INTRODUCTION
6.2 PROCEDURES
Action By
Step Procedures / Tasks
/ Reference
1 Generally
Special project.
Action By
Step Procedures / Tasks
/ Reference
(b) Draft the tender documents from the standard DID Refer Sections
documents. 6.5 & 6.6
Action By
Step Procedures / Tasks
/ Reference
(b) Collate and prepare the Pre-bid Documents in accordance Action By:
with the DID requirements and standardized format. PO
Ensure that:
Action By
Step Procedures / Tasks
/ Reference
10 Tender Document Ready For Printing And Issue To Tenderers Action By:
PO
Arrange for the printing the required number of sets of the
Tender document.
“Prime Costs Sum” or “P.C. Sum”, and "Provisional Sum" may be included in the Bills of Quantities, or
Summary of Tender.
“Prime Costs Sum” or “P.C. Sum” is an amount included in a bill of quantities to cover a particular bit
of work or supply of materials to be carried out by a nominated sub-contractor or a supplier.
o The Bills of Quantities or Summary of Tender should allow the Contractor to price for the
‘profit and attendance’ associated with the works or supplies.
o Where the Contractor is capable of carrying out such specialist works or supplies, the SO is
empowered to accept the Contractor’s tender for such works or supplies. The Contractor’s
tender is deemed to include the profit and attendance, and no further profit and attendance
will be paid.
"Provisional Sum" means a sum included and so designated in the Contract as a specific allocation
for the execution of work or the supply of goods materials or services which may be used in whole or
in part or not at all at the direction and discretion of the SO.
o At the SO’s discretion, works or supplies to be executed or supplied under Provisional Sums
may be treated as allowed under P.C. Sums.
As far as possible, provide a reasonably accurate amount for the P.C. Sum or Provisional Sum.
6.3.2 Tender Documents And Tender Table Documents for Conventional Contracts
The Tender Documents and Tender Table Document comprise the documents in the following order:
Please refer to Volume 10A for the standard reference (or sample) documents for the procedures or
processes outlined in this Chapter.
Table of Contents
Notice of Tender
Checklist for Submission of Tender for Use by Tenderers (Senarai Semakan Mengemukakan
Tender Untuk Kegunaan Pentender)
Instructions to Tenders
Form of Tender & Conditions of Tendering JKR 203B (for JKR 203A)
Form of Tender & Conditions of Tendering JKR 203C (for JKR 203)
Informative Documents
6.5 REFERENCES
Please refer to the latest Treasury Circulars and DID Circulars on preparation of tender documents.
Treasury Circular
(Surat Pekeliling Perbendaharaan)
[1] Bil 13 Tahun 1999: Garis Panduan Penggunaan Khidmat Pengangkutan dan Kemudahan
Peralatan Untuk Menguruskan Projek Melalui Kontrak Kerja
[3] Bil 5 Tahun 2007: Tatacara Pengurusan Perolehan Kerajaan Secara Tender
DID Circulars
(Surat Pekeliling / Edaran JPS)
[2] SPJPS.CUB 1/1992: Pindaan kepada Borang Kontrak PWD 203 (revised 10/83), PWD 203A
(revised 10/83), JKR 203B-Pin. 1/82, JKR 203C- Pin. 1/82 dan JKR 203D- Pin. 1/82.
[3] SPJPS.UB 2/94: Format Muka Hadapan dan Pemberian Nombor Kepada Dokumen Tender/
Kontrak.
[4] Tambahan Pertama SPJPS.UB 2/94: Tambahan Pertama Kepada Surat Pekeliling JPS.UB 2/94.
[5] SPJPS.UB 4/1994: Garispanduan Menetapkan Amaun Denda Gantirugi Tertentu dan Ditetapkan.
[7] SPJPS.Bil. 4/1999: Format Muka Hadapan dan Pemberian Nombor Kepada Dokumen
Tender/Kontrak
[8] SPJPS Bil. 5/2000: Peruntukan Baru Dalam Dokumen/Tender Dan Pindaan-Pindaan Kepada
Borang Kontrak JKR 203/203A, Borang Tender Dan Surat Setujuterima Tender.
[9] SPJPS 1/2001: Garispanduan Penggunaan Khidmat Pegangkutan Dan Kemudahan Peralatan
Untuk Pengurusan Projek Melalui Kontrak Kerja.
[10] SPJPS Bil. 1/2002: Penerimaan Jaminan Syarikat Kewangan Berlesen Dan Insurans Bagi Bon
Pelaksanaan Serta Bayaran Wang Pendahuluan. (Perlaksanaan Surat Edaran Perbendaharaan
Bertarikh 4 Februari 2001)
Chapter 6
– Preparation of Tender Documents
APPENDIX 6A
Receipt Completion
Action by Name of Officer Send Date
Date Date
PO 1
PO 2
QA2
4.2.1 Paragraph 1
4.4.3 Clause 33
4.4.5 Clause 34
Not used.
4.4.6 Clause 36
4.4.8 Clause 40
4.4.9 Clause 41
Sectional Completion
- To be filled if required.
4.4.10 Clause 45
(ii) Clause 8
- Amend Tender Validity
period.
8.0 Specifications
12.0 Drawings
1
ENDNOTE:
1
This Checklist may be adapted for the Design and Build / Turnkey Contract, with relevant
changes to the Clause reference.
2
Quality Audit; If Relevant.
3
Estimated Tender Value, and Eligibility of Contractor to Register: SPP 5/2007
(b) Local company listed on the Bursa Malaysia, that is, a company incorporated in Malaysia
by Malaysian citizens with condition that no foreign shareholder may hold more than
30% of the shares, and the board of directors, management and staff are wholly
(100%) Malaysian citizens.
(c) Joint venture company incorporated in Malaysia (whether or not listed on the KLSE),
with the condition that foreign equities do not exceed forty nine percent (49%), and
majority members of the Board of Directors, management and staff and Malaysian
citizens.
4
Documentation fee & Drawings
Documents Drawings
A4 @ RM 0.35 = A3 @ RM0.70 =
A3 @ RM 0.70 = A2 @ RM3.50 =
A1 @ RM6.50 =
A @ RM8.00 =
Total = Total =
ENDNOTE: (Cont’d)
5
Minimum insurance coverage for third party (public liability) insurance. The following
amounts may be used as a guide:
6
Liquidated and Ascertained Damages at the rate of : [(BLR*/365)% x Contract Sum] per
day. *BLR = Base Lending Rate
7
Guideline for Defects Liability Period:
PART II : PRE-CONTRACT
CHAPTER 7
INVITATION AND
RECEIPT OF TENDER
Chapter 7 – INVITATION AND RECEIPT OF TENDER
Table of Contents
List of Flowcharts
Flowchart 7.1 Flowchart – Invitation and Receipt of Tender (Open / Selective) 7-1
7
7. Either
Re-select tenderers, or
Proceed with open tender
8A 8B process
7.1 INTRODUCTION
7.2 PROCEDURES
Action By
Step Procedures / Tasks
/ Reference
1&2 Determine procurement procedure adopted For information
Open tender
Selective tender
Negotiation
Quotation
Action By
Step Procedures / Tasks
/ Reference
4 List of Tenderers selected by Authorised Party Action By : PO
Ascertain and agree with the Project Team the criteria for
selection of contractors.
Action By
Step Procedures / Tasks
/ Reference
5b Prepare and issue Notice of Tender for Pre-Qualification Action By : PO
The closing date, time and office where the Pre-Q submissions
is received, is stated in the Notice of Tender for Pre-Q.
Action By
Step Procedures / Tasks
/ Reference
5h & 5i Submission to the Procurement Board for Decision Action By : PO /
Procurement Board
Present the Pre-Q Evaluation Report to the Procurement Board
for decision.
• Re-select tenderers, or
• Proceed with open tender process
Refer also
SPP 5/2007
Action By
Step Procedures / Tasks
/ Reference
9 Sale of / Issue Tender Document Action by: PO
Check that
The proceeds from the sale of tender documents shall be Refer: SPP 5/2007,
credited to the revenue. pages 17 & 18
Action By
Step Procedures / Tasks
/ Reference
10 Issue Addendum (if any) Action by:
Engr/QS
Addendum, if necessary, is prepared by the Engr/QS.
The tender estimate shall be deposited into the tender box prior Action by: BUBK
to the tender opening date and time, in accordance with the Action by: Engr/QS
Tender Notice.
12 Appointment of Tender Opening Committee
The Director General shall appoint the Tender Opening Action by: DG
Committee.
The Tender Secretariat shall facilitate the calling of the Tender Action by: TS
Opening Committee, informing them of the closing date, time
and office where tender is received and to be opened.
13 Closing / Receipt of tender Action by: TS/
Tender Opening
The closing date, time and office where tender is received is Committee
stated in the Tender Notice and/or Letter of Invitation.
Action By
Step Procedures / Tasks
/ Reference
13 Closing / Receipt of tender
(Cont’d)
Opening of tenders & Tender Opening Report Action by: TS/
Tender Opening
Prepare the Tender Schedule. committee
The tenders must be collected from the tender box, and all
tenders (including the departmental tender estimates) be
opened in the presence of the Tender Opening Committee.
Number each tender and enter the details for each tender onto
the Tender Schedule, in the order which the tender is opened.
For public tender opening, read aloud and check that the details
are entered correctly. Ensure that the Tender Schedule is
complete and is signed by all relevant officers.
14 Tender evaluation
Please refer to Volume 10A for the standard reference (or sample) documents for the procedures or
processes outlined in this Chapter.
Notice of Tender
Letter of Invitation to Tenderers
Sample stamp (chop) for ‘Maklumat Pendaftaran Kontraktor’
Conditional Letter for sale of tender document
Jadual Tender
7.4 REFERENCES
Please refer to the latest Treasury Circulars and DID Circulars on the calling and receipt of tenders.
Treasury Circular
(Surat Pekeliling Perbendaharaan)
[1] Bil 5 Tahun 2007: Tatacara Penguruasan Perolehan Kerajaan Secara Tender
DID Circulars
(Surat Pekeliling / Edaran JPS)
Chapter 7
– Invitation and Receipt of Tender
APPENDIX 7A
Checklist for
Tender Opening Committee
No.
Tender
TAJUK
PROJEK
Tarikh Tender Ditutup: Jenis Tender: Kelas/Kepala/Sub-Kepala
yang ditetapkan:
Haribulan:
Jam:
3.0 Beri nombor bersiri kepada setiap tawaran yang Catatkan sebarang
diterima. Catatkan di kulit muka hadapan dokumen, pemerhatian di
nombor siri pentender serta turunkan tandatangan Jadual Tender.
dan tarikh pembukaan.
PART II : PRE-CONTRACT
CHAPTER 8
Table of Contents
List of Flowcharts
5 5. Endorsement by Tender
Evaluation Committee
6. Presentation of Tender TS
6 Evaluation Report / Tender
Recommendation to
Procurement Board /
MoF
No
7 7. Unconditional approval? Procurement
Board / MoF
8
Yes 8. Issue Letter of Intent PO
10
10. Issue Letter of Acceptance PO
8.1 INTRODUCTION
8.2 PROCEDURES
Action By
Item Procedures / Tasks
/ Reference
1 Selection And Appointment of Evaluation Officer(s) Action by: PH
Action By
Item Procedures / Tasks
/ Reference
4 & 4A Tender Evaluation Report Action by:
Evaluation Officer(s)
The Evaluation Officer(s) shall prepare the Tender Evaluation
Report (Kertas Taklimat Tender) in the approved format.
The Tender
The Tender Evaluation Report shall be submitted to the Tender Evaluation Committee
Evaluation Committee for review and endorsement. is appointed by the
DG, in accordance
Design and Build with the Treasury
Instruction (AP 191 &
For Design and Build contracts, the tender evaluation shall be 192).
divided into 2 stages; technical evaluation and financial
evaluation.
5 Tender Recommendation
BUBK shall submit the approved report to the Tender Action by:
Secretariat at Ministry for tabling at the Tender Procurement BUBK
Board.
Action By
Item Procedures / Tasks
/ Reference
8 Negotiations Action by: PH / PO
Please refer to Volume 10A for the standard reference (or sample) documents for the procedures or
processes outlined in this Chapter.
8.4 REFERENCES
Please refer to the latest Treasury Circulars and DID Circulars on the calling and receipt of tenders.
Treasury Circular
(Surat Pekeliling Perbendaharaan)
[1] Bil 5 Tahun 2007: Tatacara Penguruasan Perolehan Kerajaan Secara Tender
DID Circulars
(Surat Pekeliling / Edaran JPS)
CHAPTER 9
CONTRACT DOCUMENTATION
Chapter 9 – CONTRACT DOCUMENTATION
Table of Contents
List of Flowcharts
1 1. Letter of Acceptance is -
issued
*Where the Contract is signed at the DID Headquarters or Ministry, the documents shall be audited
by BUBK
9 CONTRACT DOCUMENTATION
9.1 INTRODUCTION
The guidelines on the compilation and preparation of the Contract Documents for signing and
distribution to the relevant parties.
9.2 PROCEDURES
Action By
Step Procedures / Tasks
/ Reference
1 Letter of Acceptance is issued
Upon issuance of the Letter of Acceptance, the contractor must For information
submit the required documents and information stated in the
Letter of Acceptance for verification by CAO.
Action By
Step Procedures / Tasks
/ Reference
Check that the information on the Performance Bond (where
‘Performance Guarantee Sum’ is not used) is in order:
Action by : CAO
Parties
Contract number and references
Validity period (dates)
All other information are correctly inserted
Issued by a bank or insurance company approved by
Bank Negara
Verification from the bank is attached.*
Parties
Validity period (dates)
Contract references and amounts insured
Excess clauses, if any
Relevant endorsements
2 Compile the Contract Documents Action by : CAO
The Contract Documents are compiled and bound as soon as is Refer: Contract
practicable after the issuance of the Letter of Acceptance, but Documentation
no later than 4 months after the issuance of the Letter of Checklist
Acceptance.
Action By
Step Procedures / Tasks
/ Reference
2a Contract Front Cover Action by : CAO
Generally,
Ensure that:
Action By
Step Procedures / Tasks
/ Reference
Both the Authorised Party and the Contractor must initial
next to all corrections, or changes due to rationalisation, of Action by : CAO
rates and prices.
Action By
Step Procedures / Tasks
/ Reference
6 Signing of Contract Document Action by : CAO
Articles of Agreement
Form of Tender
Letter of Acceptance
List Contract Drawings
Schedules of Rates
Drawings
Action By
Step Procedures / Tasks
/ Reference
7 Stamping of Contract Documents Action by :
CAO
Arrange for the stamping of the Contract Documents (original
and duplicate only).
In the alternative to stamping of Contract Documents, the CAO Refer JPS letter ref:
may apply for exemption of stamp duty under Section 35 of (60)dlm.PPS.10/4/2
the Stamp Act 1949 (Act 378). BUB Jld. 4 bth.
2.10.2007
The exemption endorsement must be affixed to the first page
of the Articles of Agreement (original and duplicate only).
Issue and distribute the Contract Document to the relevant Refer: Chapter 5,
parties. Distribute the copies in accordance with the Appendix 5A –
Distribution List set out in Appendix 5A. Distribution List
Please refer to Volume 10A for the standard reference (or sample) documents for the procedures or
processes outlined in this Chapter.
Surat Perwakilan Kuasa (Kepada wakil P.P. Kerja Utama Untuk Penyeliaan dan Arahan
Keseluruhan Kerja)
Surat Perwakilan Kuasa (Kepada Wakil P.P. Pakar untuk Penyeliaan Kerja Tertentu)
9.4 REFERENCES
Please refer to the latest Treasury Circulars and DID Circulars on the contract documentation.
Treasury Circular
(Surat Pekeliling Perbendaharaan)
Nil
DID Circulars
(Surat Pekeliling / Edaran JPS)
[1] SPJPS.UB 1/1995: Perlantikan Pegawai Penguasa, Perwakilan Kuasa Pegawai Penguasa dan
Pegawai-Pegawai Yang diberi Kuasa Dalam Urusan Pentadbiran Kontrak.
[3] (36)dlm. PPS.10/4/2 CUB Jld.3 (27/7/98): Pengedaran Dokumen-dokumen (Kontrak Kerja)
Biayaan Persekutuan
[4] SP JPS Bil. 1/2003: Perlantikan Pegawai Penguasa (P.P), Perwakilan Kuasa Pegawai Penguasa
(Wakil P.P) Dan Pegawai-Pegawai Yang Diberi Kuasa (PYDK) Dalam Urusan Pentadbiran Kontrak.
(Tambahan kepada Surat pekeliling SPJPS.UB 1/1995)
[5] ( 60 )dlm. PPS 10/4/2 BUB Jld 4 2 Oktober 2007: Duti Setem Bagi Dokumen Kontrak
Chapter 9
– Contract Documentation
APPENDIX 9A
Checklist for
Preparation of
Contract Documents
TAJUK
PROJEK
Tarikh Tarikh
Untuk Tarikh Siap
Nama Pegawai Diberi Diterima
Tindakan Semakan
Kepada Oleh
PMK 1
PMK 2
AK*
BIL. KETERANGAN PMK1 PMK2 AK* ULASAN
Tandakan
() selepas
1.0 PENGENALAN semakan
KETUA PENGARAH
JABATAN PENGAIRAN DAN
SALIRAN MALAYSIA
JALAN SULTAN SALAHUDDIN,
50626 KUALA LUMPUR
Muka Surat 1
Muka Surat 1.
Muka Surat 1
Muka Surat 2.
(c) Para 4
Muka Surat 3.
Muka Surat 4.
Fasal 11(d)
(b) Fasal 33
(i) Jumlah minimum Liabiliti Awam ia
bergantung kepada jumlah harga
Kontrak dan diisi dalam bentuk
nilai seperti yang telah ditentukan
di dalam Dokumen Meja Tender.
(d) Fasal 35
(e) Fasal 36
(g) Fasal 37
(i) Fasal 39
(j) Fasal 40
(a) Fasal 41
(b) Fasal 45
(iv) Kontraktor
- Satu salinan dengan Lukisan
- Berdaftar (AR)
(x) Juruperunding
- Satu salinan dengan Lukisan
CHAPTER 10
PAYMENTS
Chapter 10 – PAYMENTS
Table of Contents
APPENDIX 10A Checklist for Preparation of Advance Payment (Senarai Semakan Penyediaan
Bayaran Pendahuluan)…………………………..…………………………………………….….. 10A-1
APPENDIX 10B Task List for Interim Payment (Borang Tindakan Kerja Bayaran
Interim)…………………………..…………………………………………………………………….. 10A-3
APPENDIX 10C Checklist for Preparation of Interim Payment (Senarai Semakan Penyediaan
Bayaran Interim)……………….………………………………………………………………....... 10A-5
List of Flowcharts
No
4 4. Documents are in proper CAO
order?
Yes
No
6 6. Quality Audit QS/CAO/BUBK*
Yes
9 9. Submit to AG FD
*Quality Audit: Where payment warrant is through the DID HQ – audit by BUBK; Where payment warrant is
channeled through the State – audit by Quantity Surveyor or Contracts Officer at State.
2
2. Site valuation PT / PM
No
5. Document is in proper CAO
5 order?
Yes
*Quality Audit: Where payment warrant is through the DID HQ – audit by BUBK; Where payment warrant is
channeled through the State – audit by Quantity Surveyor or Contracts Officer at State.
10 PAYMENT
10.1 INTRODUCTION
The guidelines on the preparation and checking of the payment documents, and issuance of the
payment certificate for advance payment and interim payment.
10.2 PROCEDURES
The advance payment shall not exceed 25% of the value of SPP 5/2007
builder’s work (the Contract Sum less Prime Cost and
Provisional Sums), subject to a maximum of RM 10 million.
Action By
Step Procedures / Tasks
/ Reference
2 Check documents for completeness Action By:
CAO
Upon receipt of the Contractor’s documents,
Action By
Step Procedures / Tasks
/ Reference
6 Quality Audit Action By:
BUBK
Quality Auditor shall check the documents are in order and are
free of errors.
8&9 Recording Payment Details & Prepare payment voucher Action By:
Finance Division
Ensure that the correct amount is entered into the vote book.
Check that the documents are in order, and ensure that the
payment voucher is signed
Form JKR66,
payment voucher and
supporting documents, together with duplicates.
Action By
Step Procedures / Tasks
/ Reference
1 Generally For Information
For contracts using Standard Form of Contract JKR 203 and SP JPS Bil. 2/2000
203A, interim valuations must be carried out at least once a &
month. SP JPS Bil. 4/2008
The SO shall make a first interim valuation based on the works Refer Form JKR
which have been executed by the Contractor including the 203/203A Clause
unfixed materials delivered to or adjacent to the Works. 47(a); and Form
JKR DB/T Clause
Ensure the total value of claim reaches to the sum appeared in 50.3(b)(i)
the Appendix to the Conditions of Contract (for First Interim
Certificate) whilst the subsequent claims must not less than the
amount appeared (subsequent Interim Certificates) in the same
Appendix.
Action By
Step Procedures / Tasks
/ Reference
Action By
Step Procedures / Tasks
/ Reference
Form JKR 66
Consultant’s certification of works done (if using Consultant)
Task List (Borang Tindakan Kerja) for Interim Payment, duly
filled in and initialed.
Fill in and initials both the Task List for Interim Payment and
Checklist for Preparation of Interim Payment, and attach these
to the documents
Action By
Step Procedures / Tasks
/ Reference
Check that the documents are in order, and ensure that the
payment voucher is signed
Form JKR66,
payment voucher and
supporting documents
The payment(s) shall be valued, certified and paid in accordance with the payment terms in the
Contract.
The followings are the items which constitute the complete payments, whichever is applies:
Builder’s Works
Variations
Materials on Site
The VOP may be categorized into two (2) groups; based on quantities (for Civil Works) and
based on index (for Building Works)
Note:
Please refer to Volume 10A for the standard reference (or sample) documents for the procedures or
processes outlined in this Chapter.
Form JKR66
10.6 REFERENCES
Please refer to the latest Treasury Circulars and DID Circulars on payments.
Treasury Instructions
(Arahan Perbendaharaan)
[1] AP103: Semua Bil Dan Tuntutan Bayaran Hendaklah Dibayar Dengan Segera
Treasury Circular
(Surat Pekeliling Perbendaharaan)
[2] Bil 3 Tahun 2008: Pelaksanaan Syarat Perubahan Harga Di Dalam Kontrak Kerja
DID Circulars
(Surat Pekeliling / Edaran JPS)
[1] SP JPS Bil. 2/2000: 2. Pindaan ke atas Borang JKR 66, Perakuan Pelarasan Jumlah Harga
Kontrak (PPJHK) dan Perakuan Muktamad
[2] SP JPS Bil 4/2008: Langkah-langkah Untuk Mempercepatkan Bayaran Interim (Pindaan kepada
Perkara 1 dalam SP JPS Bil. 2/2000)
Chapter 10
– Payments
APPENDIX 10A
TAJUK
PROJEK
Tarikh Tarikh
Untuk Tarikh Siap
Nama Pegawai Diberi Diterima
Tindakan Semakan
Kepada Oleh
PMK 1
PMK 2
AK*
BIL. KETERANGAN PMK1 PMK2 AK* ULASAN
Tandakan
1. Pastikan penyediaan Bayaran () selepas
Pendahuluan menggunakan Borang semakan
JKR66 (Pin. 3/99).
Chapter 10
– Payments
APPENDIX 10B
(Borang Tindakan
Kerja Bayaran Interim)
Pegawai Penguasa :
Tajuk Kerja :
No. Kontrak :
Bayaran Interim No. :
Pegawai
Tanda
Bil Proses Kerja Tarikh bertanggung Catatan
tangan
jawab
Pegawai
3 Tandatangan Pegawai Pengesyor
Pengesyor
Hantar kepada Unit Ukur Bahan &
4 Penyelia Projek
Kontrak JPS Negeri
Diterima oleh Unit Ukur Bahan & Pegawai Juru
5
Kontrak JPS Negeri Bahan/Kontrak
Pegawai Juru
6 Semakan Audit Teknik
Bahan/Kontrak
Hantar kepada Unit Berkenaan di JPS Pegawai Juru
7
Negeri Bahan/Kontrak
Diterima oleh Unit Berkenaan di JPS Unit Projek JPS
8
Negeri Negeri
Unit Projek JPS
9 Semak Peruntukan dan Rekod bayaran
Negeri
Pegawai
Tandatangan Pegawai Yang
10 Penguasa/
Memperakukan
Wakil P.P.
Perhatian
Carta ini hendaklah dikepilkan bersama Perakuan Bayaran Interim (JKR 66) dan disimpan di dalam fail bayaran
Unit Teknikal yang berkenaan.
No. Kontrak :
Bayaran Interim No. :
Pegawai
Tanda
Bil Proses Kerja Tarikh bertanggung Catatan
tangan
jawab
Pegawai
3 Tandatangan Pegawai Pengesyor
Pengesyor
Pegawai
Tandatangan Pegawai Yang
4 Penguasa/
Memperakukan
Wakil P.P.
Hantar kepada Bahagian Ukur Bahan &
5 Penyelia Projek
Kontrak Ibu Pejabat JPS Malaysia
Diterima oleh Bahagian Ukur Bahan &
6 Jurukur Bahan
Kontrak Ibu Pejabat JPS Malaysia
Perhatian
Carta ini hendaklah dikepilkan bersama Perakuan Bayaran Interim (JKR 66) dan disimpan di dalam fail bayaran
Unit Teknikal yang berkenaan.
Chapter 10
– Payments
APPENDIX 10C
TAJUK
PROJEK
Tarikh Tarikh
Untuk Tarikh Siap
Nama Pegawai Diberi Diterima
Tindakan Semakan
Kepada Oleh
PMK 1
PMK 2
AK*
BIL. KETERANGAN PMK1 PMK 2 AK* ULASAN
Tandakan ()
1. Interim No: - sila pastikan nombor selepas
berturutan. semakan
6. NOTA :
(samb.)
(i) V.O.P. untuk kerja bangunan
"Current Index" yang digunakan
adalah untuk bulan sebelum
bayaran Interim dinilaikan.
(ii) V.O.P. untuk kerja kejuruteraan
Awam - "Current Price" adalah
untuk bulan bayaran Interim
dinilaikan.
7. KURANGAN
8. POTONGAN
i) Kontraktor Utama
ii) Bayaran kepada
subkontraktor/ Penerima
Bayaran (pastikan Lampiran
A Borang JKR 66
dilengkapkan)
CHAPTER 11
VARIATIONS
Chapter 11 – VARIATIONS
Table of Contents
APPENDIX 11A Checklist for Preparation of Variation Works Order (Senarai Semakan Arahan
Perubahan Kerja)…………………………..……………………………………………..………... 11A-1
List of Flowcharts
2a Is it a VO?
No
2a 2b Any cost implication? SOR/PT
Yes
No 3. Issue SOI using JKR203U SOR/SO
2b
Yes
4. Prepare approximate VO CAO
3 Costs
4
No
5 5. Net addition to Contract -
Sum?
Yes
6. Prepare and submit SOR/CAO
6
Application for VO
Approval (Form JKR-KPK)
No
7 END 7. Approval by VO VO Refer Chapter
Committee? Committee 5 - Authority
Yes
Yes
10 10. Actual VO value more than -
the approved amount?
No
11 VARIATIONS
11.1 INTRODUCTION
The guidelines and general procedures on the process and approval of variations works and
other changes to the Contract.
Notes:
“Variation” of Works may be defined as any alteration or modification of the design, specification
and/ or Bills of Quantities of the Works as shown upon in the Contract Drawings and described or
referred to in the Contract Bills, and includes the addition, omission or substitution of any works.
The Treasury Instruction (Arahan Perbendaharaan) 202 states that each Variation must comply with
the following criteria:
The contract period has not ended when the Variation Order (APK) is issued;
The Variation shall not change or alter a major part of the original scope of works;
For additional works, the Variation works must be carried out on Site; and
For substitution of works, the Variation works must be within the original scope of contract,
and the original scope of works (or substituted works) must be identifiable in the Variation
works.
11.2 PROCEDURES
Action By
Step Procedures / Tasks
/ Reference
4&5 Prepare approximate VO Costs Action by:
PM/CAO/SO
Refer Checklist for Variation Works.
Action By
Step Procedures / Tasks
/ Reference
7 Approval by VO Committee Action by :
SOR/CAO
Approval for Variation Order (VO) must be given by
Note that the officer who applies for the Variation Order
cannot be the chairman or member of the Variation Order
Committee.
Action By
Step Procedures / Tasks
/ Reference
9 Contractor complies with instruction / variation order Action by : SOR/PjS
Every amount stated in the Form JKR-APK is provisional and See also Chapter 12
temporary only, and must be finally adjusted through Form – Adjustment of
JKR-PHK. Contract Sum
Please refer to Volume 10A for the standard reference (or sample) documents for the procedures or
processes outlined in this Chapter.
11.4 REFERENCES
Please refer to the latest Treasury Circulars and DID Circulars on the calling and receipt of tenders.
Treasury Circular
(Surat Pekeliling Perbendaharaan)
Treasury Instruction
(Arahan Perbendaharaan)
DID Circulars
(Surat Pekeliling / Edaran JPS)
[1] SPJPS Bil. 2/2008: Peraturan Mengenai Arahan Perubahan Kerja dan Pelarasan Harga Bagi
Kontrak Kerja
Chapter 11
– Variations
APPENDIX 11A
(Senarai Semakan
Arahan Perubahan Kerja)
TAJUK
PROJEK
Tarikh Tarikh
Untuk Tarikh Siap
Nama Pegawai Diberi Diterima
Tindakan Semakan
Kepada Oleh
PMK 1
PMK 2
AK*
No. Kontrak Harga RM
Kontrak
P.P Dalam Kontrak
Had Kewangan PK P.P RM
Jumlah Nilai APK Tambahan Yg. Telah Lulus RM
Jumlah Nilai APK Kurangan RM
Jumlah Peratusan APK Tambahan Yang Telah Lulus %
Bil. APK Yang Telah Dikeluarkan
Tarikh Terima No. APK
Permohonan Yang
Disemak
Tajuk Kerja
APK
Nilai Anggaran APK RM
(Sertakan butiran anggaran/pengesahan anggaran) KURANGAN/TAMBAHAN
BIL. KETERANGAN PMK 1 PMK 2 AK* ULASAN
Tandakan ()
A PK KURANGAN - Pastikan : selepas
semakan
1. Ada surat permohonan dari Jabatan/
Kementerian Pelanggan yang
ditandatangani oleh Pegawai Diberi
Kuasa, jika PK diminta oleh Pelanggan.
2. Nilai bersih adalah hasil penilaian PK
untuk bahagian/elemen/komponen kerja
yang sama.
3. Kerja tidak diperlukan dan tidak akan
dilaksanakan.
B PK TAMBAHAN – Pastikan :
C BORANG APK
1. Format Borang yang digunakan adalah
JKR-APK yang terkini
CHAPTER 12
Table of Contents
APPENDIX 12A Checklist for Adjustment of Contract Sum (Senarai Semakan Penyediaan Pelarasan
Harga Kontrak)…………………………..……………………………………………..……………. 12A-1
List of Flowcharts
1. Adjustment to Contract -
1
Sum is required
(d) Remeasurement of
Provisional Quantities
12.1 INTRODUCTION
The guidelines and general procedures for the adjustment of Contract Sum.
12.2 PROCEDURES
Action By
Step Procedures / Tasks
/ Reference
1 Generally For Information
The Contract Sum shall be adjusted upon the issuance of JKR- See SPP 5/2007 -
APK to indicate the approved temporary value. Peraturan Pelarasan
Harga Kontrak
Every JKR-APK must be adjusted through JKR-PHK based on
the approved amount in JKR-KPK regardless of its value is
changed or not. However the value shows in the Form JKR-
PHK is net difference between temporary value and ultimate
value.
2 Adjustment of Contract Sum Action by: CAO
Action By
Step Procedures / Tasks
/ Reference
b) Adjustment of Prime Cost Sums
The final remeasurement to the Provisional Quantities is made Please refer to the
as soon as works is completed and the quantities can be current Treasury
accurately measured. Instruction No. 202,
Schedule 3
If there is a net increase in quantities, approval from the
Committee must be obtained for the additional quantities.
Action By
Step Procedures / Tasks
/ Reference
e) Variation of Prices
Please refer to SPP
The Variation of Prices exercise must be carried out monthly 3/2008
in Interim Payment, and the final adjustment is made after
the whole of the Works is completed.
For the Civil Works, ensure the adjustments made must not
exceed the quantities allowed in Contract.
Please refer to Volume 10A for the standard reference (or sample) documents for the procedures or
processes outlined in this Chapter.
12.4 REFERENCES
Please refer to the latest Treasury Circulars and DID Circulars on the adjustment of contract sum.
Treasury Circular
(Surat Pekeliling Perbendaharaan)
[1] Bil 7 Tahun 2007: Peraturan Arahan Perubahan Kerja (Variation Order)
[2] Bil 3 Tahun 2008: Pelaksanaan Syarat Perubahan Harga Di Dalam Kontrak Kerja
Treasury Instructions
(Arahan Perbendaharaan)
DID Circulars
(Surat Pekeliling / Edaran JPS)
[1] SPJPS Bil. 3/2008: Peraturan Mengenai Arahan Perubahan Kerja dan Pelarasan Harga Bagi
Kontrak Kerja
Chapter 12
– Adjustment of Contract Sum
APPENDIX 12A
Checklist for
Adjustment of Contract Sum
G KESILAPAN KUANTITI/PENINGGALAN
KERJA DALAM
SENARAI KUANTITI
CHAPTER 13
DELAYS AND
EXTENSION OF TIME
Chapter 13 – DELAYS AND EXTENSION OF TIME
Table of Contents
APPENDIX 13A Checklist for the Preparation of Certificate of Delay and Extension
of Time (Senarai Semakan Penyediaan Perakuan Kelewatan dan
Lanjutan Masa) …………………………………………………………………………………..….. 13A-1
List of Flowcharts
YES NO
Acceptance
YES
REFER TO CHAPTER 14 -
NON-COMPLETION
13.1 INTRODUCTION
An overview of the delay and extension of time provisions and procedure for works contracts
The standard forms of contract use for DID projects
13.2 PROCEDURES
Please refer to Flowchart 13.1 – Delay and Flowchart 13.2 – Extension of Time.
Action By
Step Procedures / Tasks
/ Reference
1 Notice of Delay and Application for extension of time For information
It is the duty of the SOR to review the extension of time Refer : AP201 –
application based on the supporting documents submitted by Perubahan Dan
Contractor. Pelanjutan Tempoh
Kontrak Untuk
SOR to assess reasons and quantum of delay as allowed and Kontrak Bekalan Dan
acceptable grounds in contract. Perkhidmatan
3 Contractor eligible for extension of time? Action by: SOR
After determining new Date for Completion, prepare report Refer to Checklist for
of Delay and Extension of Time complete with grounds, the Preparation of
quantum and calculation. Certificate of Delay
and Extension of
Submit report and Certificate of Delay and Extension of time Time.
for approval from Authorised Party.
Action By
Step Procedures / Tasks
/ Reference
6 Issue Certificate of Delay and Extension of Time to the Action by: SOR
Contractor
Most construction contracts will specify a time for completion. The contractor is obliged to complete
the works within the stipulated date subject to any extension of time.
Time is of the essence is a phrase loosely used in construction contracts to underscore the
Government’s insistence on the contractor’s performance obligation by the stipulated date of
completion. It often has to do with extension of time application by contactors and for disruption and
delays with related money application in the form of direct loss and/or expense application and on
the Government’s side, the right to Liquidated And Ascertained Damages for delays on the part of
the Contractor.
Time will be at large where the extensions of time provisions have been improperly applied or
administered, or where the original time for completion has been waived.
Other consequences
The grounds of extension of time allowed in JKR 203A form of contract is under Clause 43: Delays
and Extension of Time as follows:-
a) Force majeure
b) Exceptionally inclement weather
c) Instructions consequential upon disputes with neighbouring owners
d) Fire or other insurable damage
e) Compliance with S.O’s / P.D.’s instruction for discrepancies, variations, date of commence
and completion or postponement
f) Late issue of instruction, drawings, levels or instruction in regards to NSC/NS
g) Delay in giving possession of site
h) Civil commotion, strike or lockout
i) Delay by artists, tradesmen and other direct contractors
j) Shortages of labour or materials
k) Delay by NSC/NS
In JKR Design & Build / Turnkey Contract (2002 Edition) the relevant clause for Delay and Extension
of Time is found in Clause 45.
Notice Provisions
b) Sequence of works
- The order in which works logically have to take place
c) Critical paths
- Those items which must be completed in a certain order
e) Ownership of float
- As a general rule, the party which needs it uses it
g) Contractual duties
- Contractor must limit the impact of any delay
- S.O / P.D. should grant extension of time as the works progress, wherever possible
h) Concurrency
- A number of competing connected events
- A number of unrelated events occurring at the same time
i) Dominant cause
- The event which really causes the delay
- Usually determined by using as-built programmes / critical path analysis
e) Direct Contractors
- Delays caused by Direct Contractors are not acceptable grounds
Please refer to Volume 10A for the standard reference or sample documents mentioned in the
procedures or processes outlined in this Chapter.
Form JKR 203T (Pin. 4/83) : Perakuan Kelambatan dan Lanjutan Masa
13.9 REFERENCES
Please refer to the latest Treasury Circulars and DID Circulars on the administration of delays and
extension of time.
Treasury Circular
(Surat Pekeliling Perbendaharaan / Surat Arahan Perbendaharaan)
Treasury Instructions
(Arahan Perbendaharaan)
[1] AP 201: Perubahan Dan Pelanjutan Tempoh Kontrak Untuk Kontrak Bekalan Dan Perkhidmatan
DID Circulars
(Surat Pekeliling / Edaran JPS)
[1] SPJPS.UB 1/1995: Perlantikan Pegawai Penguasa, Perwakilan Kuasa Pegawai Penguasa dan
Pegawai-Pegawai Yang diberi Kuasa Dalam Urusan Pentadbiran Kontrak.
[2] SP JPS Bil. 1/2003: Perlantikan Pegawai Penguasa (P.P), Perwakilan Kuasa Pegawai Penguasa
(Wakil P.P) Dan Pegawai-Pegawai Yang Diberi Kuasa (PYDK) Dalam Urusan Pentadbiran Kontrak.
(Tambahan kepada Surat pekeliling SPJPS.UB 1/1995)
Chapter 13
– Delays and Extension of Time
APPENDIX 13A
10. Para 1 –
(i) Masukkan Tarikh Siap Asal atau
Lanjutan yang telah diluluskan
sebelumnya.
12 Para 3 –
Maklumat Tambahan
* Jika berkenaan
CHAPTER 14
NON- COMPLETION
Chapter 14 – NON-COMPLETION
Table of Contents
List of Flowcharts
YES NO
Acceptance
YES
REFER TO CHAPTER 13 -
DELAY AND EXTENSION TIME
5
5. Impose LAD SOR
14 NON-COMPLETION
14.1 INTRODUCTION
14.2 PROCEDURES
Please refer to Flowchart 14.1 – Delay and Flowchart 14.2 – Non-Completion Procedure.
Action By
Step Procedures / Tasks
/ Reference
1 Warning letter / notice to contractor on issuance of Certificate Action by: SOR
of Non-Completion (CNC) and LAD
Complete the form, and make sure that all the particulars are
correct. Refer Section 14.4
3 Verify the CNC Action by: CAO
When Date for Completion is due and the Works has not
reached practical completion, issue Certificate of Non-
Completion to avoid time at large.
Action By
Step Procedures / Tasks
/ Reference
5 Impose LAD Action by: SOR
14.3 NON-COMPLETION
If the Contractor fails to complete the Works by the Date for Completion stated in the Contract
Document or within any extended time under Clause 43 (delay and extension of time), then the S.O
shall issue the Certificate of Non-Completion.
Due to the delay of completing the Works, the Contractor bears the loss or damage suffered by the
Government. Government has the right to impose liquidated and ascertained damages. Liquidated
damages are intended to be the estimated damages that would be incurred as a result of delay to
the Works for which the Contractor is responsible.
Some basic rules must be complied with in the preparation of the Certificate of Non-Completion as
follows:-
a) All particulars in the Certificate must be correctly inserted. Particulars of the Contract and
the Contractor inserted in the Certificate must be the same as those in Contract
Document. No space allowed for insertions in the Certificate, except the date of the
same, shall be left blank. The date of the Certificate shall be the date on which the
officer empowered to do so signs the Certificate.
b) The periods of coverage of the insurance policies must be extended to the expected date
of completion of the Work.
When submitting the Certificate of Non-Completion for approval, particulars of the Contract and
other information must be provided on a standard form. In addition, the following must be submitted
together:-
b) A description of the progress of work achieved by the Contractor and the work
programme of the balance of work may be completed.
c) Information whether there has been any cause of delay for which Government to be
responsible for and if so, whether a reasonable extension of time has been granted and
whether there is any foreseeable cause of delay for which the Government may be
responsible.
Only the officers empowered can approve the Certificate of Non-Completion. After approval, the
original copy must be sent to the Contractor by A.R Registered post. A copy of the CNC must also be
distributed to the parties listed for distribution in the Certificate.
Please refer to Volume 10A for the standard reference or sample documents mentioned in the
procedures or processes outlined in this Chapter.
Ringkasan Ke Atas Kontrak Yang Akan Dikeluar “Perakuan Kerja Tidak Siap”
14.6 REFERENCES
Please refer to the latest Treasury Circulars and DID Circulars on the administration of delays and
issuance of certificate of non-completion.
Treasury Circular
(Surat Pekeliling Perbendaharaan)
Nil
Treasury Instructions
(Arahan Perbendaharaan)
Nil
DID Circulars
(Surat Pekeliling / Edaran JPS)
[1] SPJPS.UB 1/1995: Perlantikan Pegawai Penguasa, Perwakilan Kuasa Pegawai Penguasa dan
Pegawai-Pegawai Yang diberi Kuasa Dalam Urusan Pentadbiran Kontrak.
[2] SP JPS Bil. 1/2003: Perlantikan Pegawai Penguasa (P.P), Perwakilan Kuasa Pegawai Penguasa
(Wakil P.P) Dan Pegawai-Pegawai Yang Diberi Kuasa (PYDK) Dalam Urusan Pentadbiran Kontrak.
(Tambahan kepada Surat pekeliling SPJPS.UB 1/1995)
Chapter 14
– Non- Completion
APPENDIX 14A
4.10 Para 1
4.11 Para 2
CHAPTER 15
Table of Contents
APPENDIX 15A Checklist for the Assessment of Contractor’s Claim and Preparation
Of S.O./P.D. Report (Senarai Semakan Penyediaan Penilaian Tuntutan
Kontraktor dan Laporan Pegawai Penguasa…………….………..……………………..….15A-1
List of Flowcharts
9
9. Revise Contract Sum; if CAO Refer:
approved; if Final Account Chapter 12 –
is closed, revise Final Adjustment of
Account
Contract Sum
15.1 INTRODUCTION
Overview of standard contract provisions and how to deal with Contractor’s claim
15.2 PROCEDURES
Action By
Step Procedures / Tasks
/ Reference
1 SO/SOR received notice and estimates for loss and expense
2 Determine contractor’s eligibility for payment of loss and Action by: SOR
expense
The SOR shall finalise all claims to meet the deadline for
completing Final Account, which is no later than three (3)
months after end of Defects Liability Period.
Action by: SO/SOR
5 Prepare report and submit to Claim Secretariat
Action By
Step Procedures / Tasks
/ Reference
6 Review and prepare recommendation Action by: BUBK
Adjust Contract Sum when claim for loss and/or expense is Refer Chapter 12 –
approved. Adjustment of
Contract Sum
Prepare Final Account, based on the adjusted Contract Sum.
The three (3) relevant clauses related to direct loss and/or expense are Clause 5(d), Clause 44 and
Clause 48.
Clause 5(d) deals with S.O Instruction; Clause 44 deals with Loss and Expense caused by Delays
whilst Clause 48 deals with Final Certificate.
Contractor shall within one (1) months of the occurrence of the event, give notice in writing
to S.O of his intention to claim supported by an estimate of the amount of loss and/or
expense likely to be incurred
Within three (3) months after Practical Completion, the Contractor shall submit full
particulars of all claims together with any documents, supporting vouchers, explanations and
calculations
The grounds for direct loss and/or expense (under Form JKR 203/203A) are limited under to
disruption of regular progress of the works or any part thereof by reasons of:-
(i) Directions given by S.O consequential upon disputes with neighboring owners not due to
neglect or default of the Contractor of his Sub-Contractors [Clause 48 and Clause 43 (c)]
(ii) Contractor not receiving in due time necessary instructions and information due to
negligence or default of the S.O [Clause 48 and Clause 43 (f)]
(iii) Delay on the part of artists, tradesmen or others engaged by the government for work
not forming part of the Contract [Clause 48 and Clause 43(i)]
Many Contractors upon being granted and Extension of Time (EOT) presume that they can claim all
additional costs for the extended period as loss and/or expense.
The granting of EOT does not give an automatic right to loss and/or expense.
EOT and loss and/or expense are separate and must be dealt with independent of each other and on
their own merits.
Only by examining cause and effect can items of costs, which fall under loss and/or expense, be
identified. If the delay was the responsibility solely of the Contractor, Contractor should not cover his
additional costs arising from any delay of the building works by claiming Loss and Expense. If delay
is due to natural factors, than loss and/or expense is not claimable.
The actual cost should not deviate too far from contract pricing and should it happen, then
check carefully that the Contractor has not “loaded” his costs which he had incurred as a
result of his own delays or poor management.
This refers to Contractor’s loss of output or productivity due to disruption of the regular
progress of the works, and includes idling costs. Contractor need to produce detailed records
because the Contractor may generally be inefficient or he may have carried out work
incorrectly.
Contractor needs to demonstrate that he has taken measures to mitigate the loss.
The basic grounds to deal with a loss and expense claim are as follows:-
(a) The claim is in accordance with the relevant clauses of the Conditions of
Contract.
(b) In line with the above, all notices and claims must be submitted in writing.
(c) The SOR shall assess all claims for loss and/or expense as soon as sufficient
information is available.
(a) Expenses claimed are actual expenses which are supported by documentation.
(c) Contractor has shown that the loss and/or expense are direct consequence(s) of
the delay/disruption (cause-and-effect).
Please refer to Volume 10A for the standard reference or sample documents mentioned in the
procedures or processes outlined in this Chapter.
15.8 REFERENCES
Please refer to the latest Treasury Circulars and DID Circulars on claims for loss and expense.
Treasury Circular
(Surat Pekeliling Perbendaharaan)
Nil
Treasury Instructions
(Arahan Perbendaharaan)
DID Circulars
(Surat Pekeliling / Edaran JPS)
Nil
Chapter 15
– Loss and Expense
APPENDIX 15A
TAJUK
PROJEK
Tarikh Tarikh
Untuk Tarikh Siap
Nama Pegawai Diberi Diterima
Tindakan Semakan
Kepada Oleh
PMK 1
PMK 2
AK*
BIL. KETERANGAN PMK1 PMK2 AK* ULASAN
1.0 AM
* Jika berkenaan
CHAPTER 16
DETERMINATION
Chapter 16 – DETERMINATION
Table of Contents
List of Flowcharts
3. Contractor continues
No default or repeats the
3
default?
Yes
4. Issue 2nd warning letter SOR
4
7. Contractor continues
No default or repeats the
7 default?
Yes
8. Officer Named in Contract SOR/ Officer
to issue Notice of Named in
8
Determination Contract
No
6 6. Contractor pays?
Yes
Yes
16 DETERMINATION
16.1 INTRODUCTION
16.2 GENERALLY
The determination and the subsequent procedures shall be done in accordance with the procedures
set out in the Contract.
16.3 PROCEDURES
16.3.1 Determination
Action By
Step Procedures / Tasks
/ Reference
(Please refer to Flowchart 16.1 – Determination of the
Employment of the Contractor)
Generally For information
Action By
Step Procedures / Tasks
/ Reference
Insolvency of Contractor
Action By
Step Procedures / Tasks
/ Reference
5&6 Prepare Report and Issue the ‘Notis Kemungkiran Action By:
Kontraktor’ SOR
Action By
Step Procedures / Tasks
/ Reference
10 Issuance of Stop Work Order and Evaluate Works Done Action By:
SOR
If the Contractor fails to evacuate from the site, issue a
Stop Work Order.
Refer: Sample of Sch.
Evaluate the works done, including computing the value of Of Activities prior to
works done (for finalisation of accounts purposes) and Tender
schedule of defects and out-standing works.
Action By
Step Procedures / Tasks
/ Reference
(Please refer to Flowchart 16.2 – Settlement of Final
Account)
1 Establish Completion Cost Action By:
CAO
Prepare the estimate on the Completion Cost (comprising of
loss by Government and new contract sum by new
contractor).
2, 3 & 4 Prepare and Issue Settlement of Final Account Action By:
CAO
Prepare the Settlement of Final Account for the new
Contractor. Costs comprise of:
Action By
Step Procedures / Tasks
/ Reference
10 & 11 Issuance of 3rd Reminder Action by:
SOR
Issue 3rd reminder if Contractor fails to pay, or no action is
taken by Contractor, within 14 days after the issuance of 2nd
reminder.
12 Refer to Legal Adviser at Ministry level/ A.G.’s Chamber Action by:
BUBK
Seeks advice by Legal Advisor (of Ministry or State) if still no
action taken by Contractor.
16.4 NOTICES
To state clearly the contract no, job title, contract sum contract period, date of possession,
completion date and extended completion date, if any.
To highlight the percentage of works done and aims for completion according to original or
revised works programme.
To state the date and duration by the Contractor suspended the works.
To highlight whether the contractor consistently repeats the default (not for 1st warning) together
with all references for previous notices such as serials meetings, date, officers in charged, etc.
To state the assistance given to contractor in form of materials procurements and granted
extension of time
To state the date or last extended date for completion together with method statements works
programme.
The notice must be copied to all relevant parties including PKK or bank/ insurance company.
To state clearly the contract no, job title, contract sum contract period, date of possession,
completion date and extended completion date, if any.
To state the reference and date of Notice for Intention the Determine the Contractor’s
Employment
If the Contractor replied a notice, to highlight to them the reasons are not accepted.
The notice must be copied to all relevant parties including the registrar of the Contractor and
bank/ insurance company.
To include the Completion Cost which comprises the advance payment, interim payments,
payments to sub-contractors, suppliers, new contract price, re- tender cost, loss to Government
and charge on cost.
To include the Revised Contract Sum which includes deduction for loss, damages and expense.
16.6 RE-TENDER
Evaluate the executed works and check the balance of works to avoid disputes for BQ contracts.
To allow credit for plants, tools, equipment and unfixed materials left on site for use of new
contractor.
Please refer to Volume 10A for the standard reference or sample documents for the procedures or
processes outlined in this Chapter.
Sample of Letter for Calling off Performance Bond and Advance Payment Bond
16.8 REFERENCES
Please refer to the latest Treasury Circulars and DID Circulars for the latest procedures and
processes in respect of determination of the employment of the contractor.
Treasury Circular
(Surat Pekeliling Perbendaharaan)
[1] SPP 5/2006: Peraturan Pelantikan Kontraktor Penyiap bagi Projek Sakit
DID Circulars
(Surat Pekeliling / Edaran JPS)
[1] SPJPS. Bil. 1/1990: Perakuan Penamatan Pengambilan Kerja Kontraktor Berasaskan Borang
Kontrak 203 & 203A
CHAPTER 17
COMPLETION
Chapter 17 – COMPLETION
Table of Contents
List of Flowcharts
2. Final Inspection. PT
2
17 COMPLETION
17.1 INTRODUCTION
17.2 PROCEDURES
Action By
Step Procedures / Tasks
/ Reference
1 Receipt of notice from Contractor
Action By
Step Procedures / Tasks
/ Reference
6 Release of 50% of Performance Bond Action by:
SOR/CAO
When CPC is issued,
whichever is applicable.
17.3 COMPLETION
When in the opinion of the S.O that the Works are practically completed, meaning that the
Contractor has performed and completed all the necessary Works specified in the Contract and the
patent defects existing in such Works are ‘minor’ than the S.O shall issue Certificate of Practical
Completion.
The issuance of Certificate of Practical Completion indicates the start of the Defects Liability Period.
In determining whether the Works has reached practical completion, the S.O must consider the
following questions:
The Contractor should notify the SO/PT when he considers the Works is Practically Completed, to
such a stage that it will perform the functions for which it is constructed, or may be occupied and
used.
A joint inspection must be held where the Contractor, SOR/PD, PM or other involved should attend.
Where the Works has been completed to a stage as meets the criteria specified above, the Certificate
of Practical Completion may be issued. Where the criteria specified above are not met, the
outstanding and defective works must be identified and a list if the same prepared and forwarded for
the action of the Contractor. This process must be repeated until the criteria specified are met.
The original copy of the Certificate of Practical Completion must be issued to the Contractor. Copies
of the same must also be distributed to the parties listed in the Certificate and in addition to all
others involves in the Contract.
The Defects Liability Period commences from the date of practical completion stated in the Certificate
of Practical Completion. Notwithstanding the issue of Certificate of Practical Completion, all defective
works have to be made good by the Contractor when the S.O issue instruction; if any. A reasonable
time must also be specified for the Contractor to execute and/or make good the same.
When CPC is issued; then 50% of the Performance Bond can be released to the Contractor and in
turn Contractor to issue new Performance Bond guaranteeing the remaining sums. If Performance
Guarantee Sum is used, then 50% of the sum may be released to the Contractor upon issuance of
the CPC.
The Conditions of Contract contains provisions, which allows the Government to require the Works to
be completed in sections or parts. Where this is required, the sections or parts must be identified and
the measure of Liquidated and Ascertained Damages for each must be specified in the tender and
contract documents.
Where sectional completion of the Works is specified, the provision of the Contract as regards the
Certificate of Practical Completion, Delay and Extension of Time, Liquidated and Ascertained
Damages and the Defects of Liability Period apply as if each section or part is the subject of a
separate and distinct contract between the Government and the Contractor.
Prior to the practical completion of the whole Works, the Government may but with the consent of
Contractor, take possession of and occupy any part of the completed Works.
Where any part of the Works is taken possession of and occupied by the Government prior to
completion of the whole of the Works, the following apply:-
a) A Certificate of Partial Occupation must be issued within seven (7) days of the taking
possession and occupation of the part of the Works. The Certificate must state the
estimated value of the part of the Works taken possession of and occupied.
b) The Defects Liability Period for the part of the Works taken possession of and occupied
commences on the date the Government takes possession of and occupies the same.
c) The Liquidated and Ascertained Damages specified in the Contract is reduced in the
proportions which the value of the part taken possession of and occupied bears to the
Contract Sum.
d) The provisions of the Contract as regards of insurance and release of the Performance
Bond are not affected.
Upon the issue of the Certificate of Practical Completion, the Government takes over the Works and
the Contractor cease to be responsible for loss and/or damage to the same other than loss and/or
damage caused by or arising from defective work.
For the purpose of handing over the Works to the Government, a joint inspection of the Works must
be held and the keys to the Works handed over.
The Government must also be advised of the operation and maintenance requirements of the Works
including those relating to mechanical and electrical installations.
Notes : Please refer to the DID Manual Volume 11 - Construction Management, Chapter 17
Please refer to Volume 10A for the standard reference or sample documents for the procedures or
processes outlined in this Chapter.
Chapter 17
– Completion
APPENDIX 17A
* Jika berkenaan
CHAPTER 18
DEFECTS MANAGEMENT
Chapter 18 – DEFECTS MANAGEMENT
Table of Contents
List of Flowcharts
No 3. Contractor complies
3 to instruction?
Yes
Yes
6 6. Further defects? -
No
18 DEFECTS MANAGEMENT
18.1 INTRODUCTION
the overall procedures in management of defects throughout and end of the Defects Liability
Period until the issuance of the Final Certificate
18.2 PROCEDURES
Please refer to Flowchart 18.1 – Defects Management During Defect Liability Period.
Action By
Step Procedures / Tasks
/ Reference
1 Receive Report and Establish Defects Action By:
SOR
End-user (e.g. Client-agency, DID officers or members of the
public using the Works) to report immediately to SOR, and SOR
shall determine if defects had occurred.
Please refer to Flowchart 18.2 – Defects Management at End of Defect Liability Period.
Please refer to Volume 10A for the standard reference or sample documents for the procedures or
processes outlined in this Chapter.
18.4 REFERENCES
Please refer to the latest Treasury Circulars and DID Circulars defects management.
Treasury Circular
(Surat Pekeliling Perbendaharaan)
Nil
Treasury Instructions
(Arahan Perbendaharaan)
DID Circulars
(Surat Pekeliling / Edaran JPS)
[1] SPJPS. Bil. 1/2003: Perlantikan Pegawai Penguasa (P.P.), Perwakilan Kuasa Pegawai Penguasa
(Wakil P.P.) Dan Pegawai-pegawai Yang Diberi Kuasa (PYDK) Dalam Urusan Pentadbiran Kontrak.
CHAPTER 19
Table of Contents
List of Flowcharts
1. Certificate of Practical -
1 Completion
Passes
4. Approval of Statement of SO / AP
4 Final Account and Final
Certificate
19.1 INTRODUCTION
The guidelines on the preparation of the final accounts, and the issuance of the final certificate.
19.2 PROCEDURES
Action By
Step Procedures / Tasks
/ Reference
1 Generally For information
Action By
Step Procedures / Tasks
/ Reference
2 Preparation of the Statement of Final Account and Final Action by: SOR/CAO
Certificate
Ensure that the SO and contractor sign the JKR-APK and JKR-
PHK, as the case may be.
(b) Prepare Form JKR66A Action by: SOR/CAO
Ensure that the form is duly filled in with the correct contract Refer to Checklist
data, and that the sums, adjustments and computation are for Preparation of
correct. Final Account
(Penyedian
The Final Account must take into account the following: Perakuan Akaun
Muktamad)
All adjustments to the Contract Sum;
Action By
Step Procedures / Tasks
/ Reference
Upon receipt of the Final Account and Final Certificate Action by: SOR/CAO
documents:
Action By
Step Procedures / Tasks
/ Reference
3 Quality Audit Action by:
CAO/
Forward the Statement of Final Account and Final Certificate BUBK
for checking (quality audit) by the relevant contract officer.
The quality auditor shall check that the documents are in order
and free of errors.
5 Issue Final Account and Final Certificate to Contractor Action by: CAO
Please refer to Volume 10A for the standard reference (or sample) documents for the procedures or
processes outlined in this Chapter.
19.4 REFERENCES
Please refer to the latest Treasury Circulars and DID Circulars on Final Account and Final Payment.
Treasury Circular
(Surat Pekeliling Perbendaharaan)
Nil
DID Circulars
(Surat Pekeliling / Edaran JPS)
[1] SP JPS Bil. 2/2000: 2. Pindaan ke atas Borang JKR 66, Perakuan Pelarasan Jumlah Harga
Kontrak (PPJHK) dan Perakuan Muktamad
[2] SP JPS Bil. 4/2008: Langkah-langkah Untuk Mempercepatkan Bayaran Interim (Tambahan
kepada Surat pekeliling SP JPS Bil. 2/2000)
Chapter 19
– Final Account and Final Certificate
APPENDIX 19A
Muka surat 1 / 4
2.2 KERAJAAN - bermaksud 'KERAJAAN
MALAYSIA' bagi projek Persekutuan
atau 'KERAJAAN ...............' bagi
projek Negeri.
Muka surat 2 / 4
2.15 Perkara ‘C’
CHAPTER 20
Table of Contents
List of Flowcharts
No
2 2. Is it Prime Cost Sum? -
Yes
A A. Administration of - Refer
Provisional Sums Flowchart
20.2
3
3. Prepare Tender PT/PO
Documents
4
4 Invitation and Receipt of PT/PO
Tender
5
5. Tender Evaluation and PT/PO
Nomination / Acceptance
6
6. Sub-Contract PT/CAO
Documentation
7 7. Sub-Contract PT/CAO
Administration
Commencement
Direct Payment
SO’s consent
8
8. Completion -
Yes
7 7. Quotation exercise SOR
No 8. Is it specialist works? -
8
Yes
20.1 INTRODUCTION
Note: Refer to Section 20.3 for definitions and general overview on procurement of items under
Prime Cost Sums and Provisional Sums.
20.2 PROCEDURES
Action By
Step Procedures / Tasks
/ Reference
1&2 Prime Cost Sums For information
Action By
Step Procedures / Tasks
/ Reference
Tender Notice
Instructions to Tenderer
Form of Tender (JKR 203N1)
Conditions of Contract
(JKR 203N, including amendments and Special
Provisions)
Relevant Particulars of the Main Contract
Specification
Summary of Tender and Schedule of Rates; or Bills of
Quantities
Schedule of Technical Information
List of Drawings
The sample contents page for the tender document is set out
in Volume 10A, Chapter 20.
Action By
Step Procedures / Tasks
/ Reference
Tender Notice
Instructions to Tenderer
Form of Tender (JKR 203P 1)
Conditions of Contract
(JKR 203P, including amendments and Special
Provisions)
Relevant Particulars of the Main Contract
Specification
Schedule of Prices
Schedule of Technical Information
The sample contents page for the tender document is set out
in Volume 10A, Chapter 20.
Tender Notice
Instructions to Tenderer
Form of Tender (JKR 203P 1)
Conditions of Contract
(JKR 203P, including amendments and Special
Provisions)
Relevant Particulars of the Main Contract
Specification
Schedule of Prices
Schedule of Technical Information
The sample contents page for the tender document is set out
in Volume 10A, Chapter 20.
The procedures for the invitation and receipt of tender set out
in Chapter 7 are generally applicable to the invitation and
receipt of tender for a nominated sub-contract.
Action By
Step Procedures / Tasks
/ Reference
Action By
Step Procedures / Tasks
/ Reference
The sample contents page for the contract document is set out
in Volume 10A, Chapter 20.
Action By
Step Procedures / Tasks
/ Reference
7 Sub-Contract Administration
Variations
Delays and Extension of Time
Non-Completion
Loss and Expense
Determination
(c) Ensure that the conditions for direct payment are included
in the tender documents and the sub-contract.
Action By
Step Procedures / Tasks
/ Reference
Action By
Step Procedures / Tasks
/ Reference
Nominated Supplier
Defects Liability
Action By
Step Procedures / Tasks
/ Reference
A Provisional Sums
Approval of the Authorised Person is required if the estimated JPS SP Bil 1/2007
cost of works for each Provisional Sum exceeds that
Provisional Sum by more than 30%.
Action By
Step Procedures / Tasks
/ Reference
6&7 Procurement of Works Not Requiring Involvement of the Main Action by: SOR/CAO
Contractor
Action By
Step Procedures / Tasks
/ Reference
Closing of Tender/Quotation
Evaluation of Tender/Quotation
Action By
Step Procedures / Tasks
/ Reference
Action By
Step Procedures / Tasks
/ Reference
SO’s Instruction
For works let under Form JKR 203N, direct payment to the
sub-contractor shall be effected through the procedures for
Nominated Sub-Contractor or Nominated Supplier (see Section
20.3.2, above).
20.3.1 Definitions
"Nominated Sub-contractor" means any contractor, specialist or other person nominated by the S.O.
in accordance with the Contract to be employed by the Contractor for the execution of work or
supply of goods materials or services for which a Prime Cost Sum (or P.C. Sum) has been inserted in
the Contract or ordered by the S.O. to be employed by the Contractor to execute work or supply
goods materials or services under a Provisional Sum.
“Prime Cost Sum” or “P.C. Sum” is an amount included in a bill of quantities to cover a particular bit
of work or supply of materials to be carried out by a nominated sub-contractor or a supplier.
Generally, P.C. Sums are included in the Contract for works to be carried out by specialist contractors
or suppliers.
"Provisional Sum" means a sum included and so designated in the Contract as a specific allocation
for the execution of work or the supply of goods materials or services which may be used in whole or
in part or not at all at the direction and discretion of the S.O..
Generally, Provisional Sum are allocated for the execution of works or for supply of goods or services
for which
The contract may permit the Government / DID to nominate a sub-contractor to carry out work or a
supplier to provide goods which is included under any Prime Cost or Provisional Sum.
The Forms JKR203 and 203A includes such right of nomination, whereas Form JKR DB/T does not.
Under the JKR Forms 203/203A, any work or supply of goods or materials covered by Provisional
Sums may be treated as P.C. Sum items if the S.O. so decides.
The sub-contractor or supplier may be appointed by the Contractor pursuant to the S.O.’s Instruction
on the expenditure of Provisional Sums. The sub-contractor or supplier is not a nominated sub-
contractor or nominated supplier pursuant to the terms of the Contract.
The DID may make direct payment to such sub-contractor or supplier through the execution by the
Contractor of the ‘Deed of Assignment’ (Surat Ikatan Penyerahan Hak Faedah), in favour of the
appointed sub-contractor or supplier.
The tender evaluation report (kertas taklimat tender) for the sub-contract must be submitted to the
Tender Board for approval.
Please also refer to Chapter 5 – Authority, and Chapter 8 – Tender Evaluation and Acceptance.
If the estimated cost of works is expected to exceed the Provisional Sum by 30% or more, then the
Project Team must seek prior approval from the Authorised Person prior to the expenditure of the
Provisional Sum.
The valuation or prices for the sub-contract or suppler must be submitted to the Authorised Person
for approval prior to the appointment of the sub-contractor or supplier.
If the estimated cost of works does not exceed the Provisional Sum, or exceeds the Provisional Sum
by less than 30%, the Project Team may proceed with the procurement and seek approval of the
Authorised Person prior to the appointment of the sub-contractor or supplier.
tender exercise, or
quotation exercise (as the case may be),
for the sub-contract works, where such Prime Cost Sums or Provisional Sums are included in the
Contract.
Please refer to Volume 10A for the standard reference or sample documents for the procedures or
processes outlined in this Chapter.
Nominated Sub-Contractor
JKR 203N/83 (including addendum) : Form of Contract To Be Used For Nominated Sub-
Contractors Where the Main Contractor is Based Upon Form JKR 203 Or 203A
JKR 203N1/83 (including addendum) : Form of Tender For Use by Nominated Sub-Contractor
JKR 203N2/88 : Conditions of Tendering and General Information For Use By Nominated Sub-
Contractor
JKR 203N5/83 : Official Order to Commence Work By Main Contractor To Nominated Sub-
Contractor
Nominated Supplier
JKR 203P/83 (including addendum) : Form to be used for Nominated Suppliers Where The Main
Contractor is based upon Form JKR 203 or 203A
JKR 203P2/83 : Conditions of Tendering And General Information For Use by Nominated
Suppliers
JKR 203P5/83 : Order For Supply and Delivery of Articles – to be issued by Main Contractor to
the Nominated Supplier
Generally
The Consent Of The Government Of Malaysia To The Deed Of Assignment For Direct Payment To
A Third Party
‘Borang F’ – Permohonan Untuk Kelulusan Harga Bagi Item Wang Peruntukan Sementara.
20.5 REFERENCES
Please refer to the latest Treasury Circulars and DID Circulars for sub-contract tender procedures and
sub-contract administration.
Treasury Circular
(Surat Pekeliling Perbendaharaan)
[1] Bil 4 Tahun 1995: Dasar dan Keutamaan Kepada Syarikat Bumiputra Dalam Perolehan Kerajaan
[3] Bil 5 Tahun 2007: Tatacara Pengurusan Perolehan Kerajaan Secara Tender
DID Circulars
(Surat Pekeliling / Edaran JPS)
[2] SP JPS Bil /2007: Garis Panduan Pengurusan Wang Peruntukan Sementara (WPS)
CHAPTER 21
DISPUTE
MANAGEMENT AND RESOLUTION
Chapter 21 – DISPUTE MANAGEMENT AND RESOLUTION
Table of Contents
List of Flowcharts
1. Disagreement or -
1
difference of opinion or
conflict or dispute?
No 2. Determine if there is a PT
2 ‘dispute’.
Yes
No
4 4. Issue(s) are settled? -
Yes
Yes
7 7. Is there new information -
or substantiation from the
No Contractor?
No
8 8. Contractor gives notice to -
refer dispute to
arbitration?
Yes
21.1 INTRODUCTION
An overview of the dispute management and resolution procedures for works contracts.
Brief outline of alternative dispute resolution (‘ADR’).
21.2 PROCEDURES
Action By
Step Procedures / Tasks
/ Reference
1 Generally For information
Action By
Step Procedures / Tasks
/ Reference
3&4 Amicable Settlement Action by: SOR/PT
(b) Upon receipt of the Contractor’s formal request to Action by: SOR/PT
refer the dispute to the Authorised Party, the PM/PT
must notify the Contracts and Quantity Surveying
Division immediate.
(d) The PT shall prepare the documents setting out the Action by: SOR/PT
background of the dispute, with sufficient details for
the Authorised Party to make a decision.
(c) The Contracts and Quantity Surveying Division shall Action by:
refer the dispute to the officer authorized under the BUBK
contract (Authorised Party) to make a decision.
Action By
Step Procedures / Tasks
/ Reference
(e) The Authorised Party is required to make a decision
within the time frame stipulated in the contract.
For the contracts based on the JKR forms, the time frame for
the S.O. to give a decision is 45 days after the Contractor’s
request for such decision.
Action By
Step Procedures / Tasks
/ Reference
8 Notice of Arbitration For information
21.3 REFERENCES
Treasury Instruction
(Arahan Perbendaharaan)
Table of Contents
List of Flowcharts
1. Certificate of Practical -
1 Completion
Passes
4. Approval of Statement of SO / AP
4 Final Account and Final
Certificate
19.1 INTRODUCTION
The guidelines on the preparation of the final accounts, and the issuance of the final certificate.
19.2 PROCEDURES
Action By
Step Procedures / Tasks
/ Reference
1 Generally For information
Action By
Step Procedures / Tasks
/ Reference
2 Preparation of the Statement of Final Account and Final Action by: SOR/CAO
Certificate
Ensure that the SO and contractor sign the JKR-APK and JKR-
PHK, as the case may be.
(b) Prepare Form JKR66A Action by: SOR/CAO
Ensure that the form is duly filled in with the correct contract Refer to Checklist
data, and that the sums, adjustments and computation are for Preparation of
correct. Final Account
(Penyedian
The Final Account must take into account the following: Perakuan Akaun
Muktamad)
All adjustments to the Contract Sum;
Action By
Step Procedures / Tasks
/ Reference
Upon receipt of the Final Account and Final Certificate Action by: SOR/CAO
documents:
Action By
Step Procedures / Tasks
/ Reference
3 Quality Audit Action by:
CAO/
Forward the Statement of Final Account and Final Certificate BUBK
for checking (quality audit) by the relevant contract officer.
The quality auditor shall check that the documents are in order
and free of errors.
5 Issue Final Account and Final Certificate to Contractor Action by: CAO
Please refer to Volume 10A for the standard reference (or sample) documents for the procedures or
processes outlined in this Chapter.
19.4 REFERENCES
Please refer to the latest Treasury Circulars and DID Circulars on Final Account and Final Payment.
Treasury Circular
(Surat Pekeliling Perbendaharaan)
Nil
DID Circulars
(Surat Pekeliling / Edaran JPS)
[1] SP JPS Bil. 2/2000: 2. Pindaan ke atas Borang JKR 66, Perakuan Pelarasan Jumlah Harga
Kontrak (PPJHK) dan Perakuan Muktamad
[2] SP JPS Bil. 4/2008: Langkah-langkah Untuk Mempercepatkan Bayaran Interim (Tambahan
kepada Surat pekeliling SP JPS Bil. 2/2000)
Muka surat 1 / 4
2.2 KERAJAAN - bermaksud 'KERAJAAN
MALAYSIA' bagi projek Persekutuan
atau 'KERAJAAN ...............' bagi
projek Negeri.
Muka surat 2 / 4
2.15 Perkara ‘C’
Table of Contents
List of Flowcharts
No
2 2. Is it Prime Cost Sum? -
Yes
A A. Administration of - Refer Figure
Provisional Sums 20.2
6 6. Sub-Contract PT/CAO
Documentation
7. Sub-Contract PT/CAO
7 Administration
Commencement
Direct Payment
SO’s consent
8 8. Completion -
Yes
7 7. Quotation exercise SOR
No 8. Is it specialist works? -
8
Yes
20.1 INTRODUCTION
Note: Refer to Section 20.3 for definitions and general overview on procurement of items under
Prime Cost Sums and Provisional Sums.
20.2 PROCEDURES
Action By
Step Procedures / Tasks
/ Reference
1&2 Prime Cost Sums For information
Action By
Step Procedures / Tasks
/ Reference
Tender Notice
Instructions to Tenderer
Form of Tender (JKR 203N1)
Conditions of Contract
(JKR 203N, including amendments and Special
Provisions)
Relevant Particulars of the Main Contract
Specification
Summary of Tender and Schedule of Rates; or Bills of
Quantities
Schedule of Technical Information
List of Drawings
The sample contents page for the tender document is set out
in Volume 10A, Chapter 20.
Action By
Step Procedures / Tasks
/ Reference
Tender Notice
Instructions to Tenderer
Form of Tender (JKR 203P 1)
Conditions of Contract
(JKR 203P, including amendments and Special
Provisions)
Relevant Particulars of the Main Contract
Specification
Schedule of Prices
Schedule of Technical Information
The sample contents page for the tender document is set out
in Volume 10A, Chapter 20.
Tender Notice
Instructions to Tenderer
Form of Tender (JKR 203P 1)
Conditions of Contract
(JKR 203P, including amendments and Special
Provisions)
Relevant Particulars of the Main Contract
Specification
Schedule of Prices
Schedule of Technical Information
The sample contents page for the tender document is set out
in Volume 10A, Chapter 20.
The procedures for the invitation and receipt of tender set out
in Chapter 7 are generally applicable to the invitation and
receipt of tender for a nominated sub-contract.
Action By
Step Procedures / Tasks
/ Reference
Action By
Step Procedures / Tasks
/ Reference
The sample contents page for the contract document is set out
in Volume 10A, Chapter 20.
Action By
Step Procedures / Tasks
/ Reference
7 Sub-Contract Administration
Variations
Delays and Extension of Time
Non-Completion
Loss and Expense
Determination
(c) Ensure that the conditions for direct payment are included
in the tender documents and the sub-contract.
Action By
Step Procedures / Tasks
/ Reference
Action By
Step Procedures / Tasks
/ Reference
Nominated Supplier
Defects Liability
Action By
Step Procedures / Tasks
/ Reference
A Provisional Sums
Approval of the Authorised Person is required if the estimated JPS SP Bil 1/2007
cost of works for each Provisional Sum exceeds that
Provisional Sum by more than 30%.
Action By
Step Procedures / Tasks
/ Reference
6&7 Procurement of Works Not Requiring Involvement of the Main Action by: SOR/CAO
Contractor
Action By
Step Procedures / Tasks
/ Reference
Closing of Tender/Quotation
Evaluation of Tender/Quotation
Action By
Step Procedures / Tasks
/ Reference
Action By
Step Procedures / Tasks
/ Reference
SO’s Instruction
For works let under Form JKR 203N, direct payment to the
sub-contractor shall be effected through the procedures for
Nominated Sub-Contractor or Nominated Supplier (see Section
20.3.2, above).
20.3.1 Definitions
"Nominated Sub-contractor" means any contractor, specialist or other person nominated by the S.O.
in accordance with the Contract to be employed by the Contractor for the execution of work or
supply of goods materials or services for which a Prime Cost Sum (or P.C. Sum) has been inserted in
the Contract or ordered by the S.O. to be employed by the Contractor to execute work or supply
goods materials or services under a Provisional Sum.
“Prime Cost Sum” or “P.C. Sum” is an amount included in a bill of quantities to cover a particular bit
of work or supply of materials to be carried out by a nominated sub-contractor or a supplier.
Generally, P.C. Sums are included in the Contract for works to be carried out by specialist contractors
or suppliers.
"Provisional Sum" means a sum included and so designated in the Contract as a specific allocation
for the execution of work or the supply of goods materials or services which may be used in whole or
in part or not at all at the direction and discretion of the S.O..
Generally, Provisional Sum are allocated for the execution of works or for supply of goods or services
for which
The contract may permit the Government / DID to nominate a sub-contractor to carry out work or a
supplier to provide goods which is included under any Prime Cost or Provisional Sum.
The Forms JKR203 and 203A includes such right of nomination, whereas Form JKR DB/T does not.
Under the JKR Forms 203/203A, any work or supply of goods or materials covered by Provisional
Sums may be treated as P.C. Sum items if the S.O. so decides.
The sub-contractor or supplier may be appointed by the Contractor pursuant to the S.O.’s Instruction
on the expenditure of Provisional Sums. The sub-contractor or supplier is not a nominated sub-
contractor or nominated supplier pursuant to the terms of the Contract.
The DID may make direct payment to such sub-contractor or supplier through the execution by the
Contractor of the ‘Deed of Assignment’ (Surat Ikatan Penyerahan Hak Faedah), in favour of the
appointed sub-contractor or supplier.
The tender evaluation report (kertas taklimat tender) for the sub-contract must be submitted to the
Tender Board for approval.
Please also refer to Chapter 5 – Authority, and Chapter 8 – Tender Evaluation and Acceptance.
If the estimated cost of works is expected to exceed the Provisional Sum by 30% or more, then the
Project Team must seek prior approval from the Authorised Person prior to the expenditure of the
Provisional Sum.
The valuation or prices for the sub-contract or suppler must be submitted to the Authorised Person
for approval prior to the appointment of the sub-contractor or supplier.
If the estimated cost of works does not exceed the Provisional Sum, or exceeds the Provisional Sum
by less than 30%, the Project Team may proceed with the procurement and seek approval of the
Authorised Person prior to the appointment of the sub-contractor or supplier.
tender exercise, or
quotation exercise (as the case may be),
for the sub-contract works, where such Prime Cost Sums or Provisional Sums are included in the
Contract.
Please refer to Volume 10A for the standard reference or sample documents for the procedures or
processes outlined in this Chapter.
Nominated Sub-Contractor
JKR 203N/83 (including addendum) : Form of Contract To Be Used For Nominated Sub-
Contractors Where the Main Contractor is Based Upon Form JKR 203 Or 203A
JKR 203N1/83 (including addendum) : Form of Tender For Use by Nominated Sub-Contractor
JKR 203N2/88 : Conditions of Tendering and General Information For Use By Nominated Sub-
Contractor
JKR 203N5/83 : Official Order to Commence Work By Main Contractor To Nominated Sub-
Contractor
Nominated Supplier
JKR 203P/83 (including addendum) : Form to be used for Nominated Suppliers Where The Main
Contractor is based upon Form JKR 203 or 203A
JKR 203P2/83 : Conditions of Tendering And General Information For Use by Nominated
Suppliers
JKR 203P5/83 : Order For Supply and Delivery of Articles – to be issued by Main Contractor to
the Nominated Supplier
Generally
The Consent Of The Government Of Malaysia To The Deed Of Assignment For Direct Payment To
A Third Party
‘Borang F’ – Permohonan Untuk Kelulusan Harga Bagi Item Wang Peruntukan Sementara.
20.5 REFERENCES
Please refer to the latest Treasury Circulars and DID Circulars for sub-contract tender procedures and
sub-contract administration.
Treasury Circular
(Surat Pekeliling Perbendaharaan)
[1] Bil 4 Tahun 1995: Dasar dan Keutamaan Kepada Syarikat Bumiputra Dalam Perolehan Kerajaan
[3] Bil 5 Tahun 2007: Tatacara Pengurusan Perolehan Kerajaan Secara Tender
DID Circulars
(Surat Pekeliling / Edaran JPS)
[2] SP JPS Bil /2007: Garis Panduan Pengurusan Wang Peruntukan Sementara (WPS)
Table of Contents
List of Flowcharts
1. Disagreement or -
1
difference of opinion or
conflict or dispute?
No 2. Determine if there is a PT
2 ‘dispute’.
Yes
No
4 4. Issue(s) are settled? -
Yes
Yes
7 7. Is there new information -
or substantiation from the
No Contractor?
No
8 8. Contractor gives notice to -
refer dispute to
arbitration?
Yes
21.1 INTRODUCTION
An overview of the dispute management and resolution procedures for works contracts.
Brief outline of alternative dispute resolution (‘ADR’).
21.2 PROCEDURES
Action By
Step Procedures / Tasks
/ Reference
1 Generally For information
Action By
Step Procedures / Tasks
/ Reference
3&4 Amicable Settlement Action by: SOR/PT
(b) Upon receipt of the Contractor’s formal request to Action by: SOR/PT
refer the dispute to the Authorised Party, the PM/PT
must notify the Contracts and Quantity Surveying
Division immediate.
(d) The PT shall prepare the documents setting out the Action by: SOR/PT
background of the dispute, with sufficient details for
the Authorised Party to make a decision.
(c) The Contracts and Quantity Surveying Division shall Action by:
refer the dispute to the officer authorized under the BUBK
contract (Authorised Party) to make a decision.
Action By
Step Procedures / Tasks
/ Reference
(e) The Authorised Party is required to make a decision
within the time frame stipulated in the contract.
For the contracts based on the JKR forms, the time frame for
the S.O. to give a decision is 45 days after the Contractor’s
request for such decision.
Action By
Step Procedures / Tasks
/ Reference
8 Notice of Arbitration For information
21.3 REFERENCES
Treasury Instruction
(Arahan Perbendaharaan)