3 - Instructions To Tenderers - 003 (Updated 8th Feb 19)

MARINE IMPORT FACILITIES 2 PROJECT
FWECM PROJECT NO: EC1280A4

ENQUIRY NO: 1280A4-003 Page 1 of 17
INSTRUCTIONS TO TENDERERS
INDEX
1. INTRODUCTION
2. STATUS OF INSTRUCTIONS TO TENDERERS
3. INTENTION TO TENDER
4. INVITATION TO TENDER DOCUMENTS
5. CONFIDENTIALITY
6. TENDER ADDENDA
7. SUBCONTRACTORS
8. KNOWLEDGE OF WORK SITE
9. SITE VISIT
10. TAXES AND DUTIES
11. FORM OF TENDER AND COMPLIANCE WITH ITT
12. TENDER CONTENT
13. SUBMISSION AND RECEIPT OF TENDERS
14. TENDER VALIDITY
15. TENDER EVALUATION
16. ACCEPTANCE OF TENDER
17. SECURITIES FOR PERFORMANCE
18. JOINT VENTURE OR CONSORTIUM TENDERS
19. COSTS
20. ADDRESSES
Attachment A Form of Acknowledgement
Attachment B Secrecy Declaration
Attachment C Form of Tender
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1. INTRODUCTION
1.1 You (the “Tenderer”) are invited to submit a Tender for the Works described in the ITT
Documents in accordance with these Instructions To Tenderers (the “Instructions”).
1.2 The Project, of which the Works referred to in the ITT Documents will form part, is the
Marine Import Facilities 2 Project to be constructed at Port Dickson, Malaysia for Petron
Malaysia Refining and Marketing Berhad (the “COMPANY”).
For this enquiry, the COMPANY has appointed Foster Wheeler E&C (M) Sdn. Bhd. as
their “COMPANY REPRESENTATIVE”.
1.3 The nature and extent of the proposed Works are detailed and defined in the Job Specification
(Part C of the ITT Documents) including requisitions, specifications, drawings and other
documents either referenced therein and/or included with the ITT Documents package, and
the Schedules of Rates and Prices (Part E of the ITT Documents).
1.4 The Tender is to be priced in accordance with Section 2 of Part E of the ITT Documents.
1.5 The Tenderer is to note that, during the execution of the Works under the proposed
CONTRACT, other contractors may be executing other works on or adjacent to the Work
Site.
The CONTRACTOR must interface with all of these contractors. It will be essential that good
working relations exist between all contractors so as the complete Project can be executed in
an efficient and cost effective manner, both for the CONTRACTOR and the COMPANY.
1.6 Tenderers are advised that all Tenders are to be governed only by the terms and conditions set
out in the ITT Documents and that reliance should not be placed upon any oral
representations made to any Tenderer, irrespective of the source or timing of such
representations. Neither COMPANY REPRESENTATIVE or the COMPANY and/or their
associates, employees, agents, or contractors will accept responsibility and may not be held
liable for any oral statements so made.
2. STATUS OF INSTRUCTIONS TO TENDERERS
2.1 These Instructions are not part of, and are not to be construed as part of any CONTRACT that
might result from submission of a Tender in response to this Invitation to Tender. They are
issued simply to regulate the preparation and submission of the Tender.
2.2 The issue of these ITT Documents shall not create any relationship, contractual or otherwise,
between either COMPANY REPRESENTATIVE or the COMPANY and the Tenderer, and
neither COMPANY REPRESENTATIVE nor the COMPANY shall be liable for any costs
and expenses incurred by the Tenderer in the preparation and submission of a Tender.
3. INTENTION TO TENDER
3.1 Tenderers are required to confirm receipt of the ITT Documents by way of a letter of
acknowledgement (in the form set out in Attachment A to these Instructions) to the address
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for communication given in Section 20.1 of these Instructions. A faxed copy of the letter is
required within twenty-four (24) hours of receipt of the ITT Documents.
3.2 If you decide that you do not intend to submit a Tender in response to this Instructions, you
are required to inform us in writing within twenty-four (24) hours of receipt and immediately
return all of the ITT Documents to address given in Section 20.3 of these Instructions.
The Secrecy Declaration referred to in Section 5 of these Instructions shall be returned with
the Tenderer’s letter of acknowledgement.
4. INVITATION TO TENDER DOCUMENTS
4.1 Ownership
The ITT Documents are for Tenderers to use in the preparation of a Tender and are issued
solely for that purpose. Unless expressly marked otherwise, the ITT Documents (including
any Tender Addendums) are and shall remain the property of COMPANY. Unless expressly
instructed otherwise, the unsuccessful Tenderers are required to return all documents included
in the ITT Documents package upon being notified of the award of the CONTRACT to
another Tenderer.
4.2 Examination
Tenderers will be deemed to have examined, fully understood and considered the contents of
all ITT Documents.
Tenderers are responsible for verifying (by checking against the relevant index) that all ITT
Documents, including attached requisitions, drawings and/or specifications, have been
received.
If a Tenderer finds any omission from or discrepancy in any of the ITT Documents, or if it is
in any doubt as to their meaning, it should immediately forward a written or faxed request for
clarification or explanation. All such requests must be received not later than three (3)
calendar days before the date fixed for receiving Tenders, and the originator of any such
request is solely responsible for its timely receipt.
Replies to such requests will be furnished only in the form of an Addendum to the ITT
Documents issued in accordance with Section 6 of these Instructions. Neither COMPANY
REPRESENTATIVE nor the COMPANY shall be bound by any other explanations or
interpretations of the ITT Documents made by any of their respective employees or agents or
by any other person.
If no Addendum responding to a request for clarification or explanation submitted by the
Tenderer has been received in time to be incorporated into the Tender, then the Tenderer must
submit the Tender with a covering letter identifying the interpretation on which the Tender
has been based.
4.3. Language
All documents and communications between COMPANY and the Tenderers shall be in the
English Language.
4.4 Currency
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All lump sums, rates and prices submitted by the Tenderers shall be in Malaysian Ringgit
(MYR). Should a Tenderer so wish, it may offer an alternative Tender in a different currency
in addition to a base Tender priced in Malaysian Ringgit (Refer to Section 11.3 of these
Instructions).
5 CONFIDENTIALITY
5.1 The ITT Documents shall be considered to be confidential and may not be reproduced in
whole or in part, or disclosed other than for the purposes of preparing the Tender.
Without prejudice to the generality of the foregoing, Tenderers shall execute a “Secrecy
Declaration” in the form set out in Attachment B to these Instructions and to return it with the
letter of acknowledgement. Failure to return an executed Secrecy Undertaking will render the
Tender liable to disqualification.
If you decide not to submit a Tender, you are nevertheless required to complete the Secrecy
Undertaking and return it to us with the ITT Documents.]
5.2 The Tenderer shall not make any public announcement relating to the Tender and/or the
Project without the prior written consent of COMPANY.
5.3 Except and to the extent expressly agreed otherwise in writing by COMPANY, the Tender
shall be submitted on a non-confidential basis. However, COMPANY undertakes to use
reasonable endeavours to keep the pricing information confidential.
6. TENDER ADDENDA
COMPANY may issue an addendum to the ITT Documents at any time prior to the date fixed
for receiving Tenders. In addition to those responding to requests from Tenderers submitted
in accordance Section 4.2 of these Instructions, an addendum may be issued either to amend
any part of the ITT Documents or to vary the prescribed date for receipt of Tenders.
All Addenda, including those responding to requests from Tenderers submitted in accordance
with Section 4.2 of these Instructions, are to be considered as an integral part of the ITT
Documents. They will be sequentially numbered and sent simultaneously and in identical
form to all those invited to tender. COMPANY shall not be bound by any other form of
explanation or interpretation of the ITT Documents whether made by any of its employees or
agents or by any other person.
Tenderers are required to take account in their Tenders of all addenda received during the
tender period, and to identify in the Form of Tender those addenda that have been received
and taken into account.
7 SUB-CONTRACTORS
If the Tenderer proposes to sub-contract to or associate in any way with another person,
company or companies for the purpose of submitting a Tender for and performing the Works,
it is required to state the names of its proposed sub-contractors or associates and give details
of their proposed participation in the execution of the Works in its Technical Proposal, Part F.
In the absence of such information, it will be assumed that the Tenderer will carry out the
entire Works itself and no sub-contracting or association will be permitted.
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8 KNOWLEDGE OF THE WORK SITE

Tenderers will be deemed to have knowledge of the Work Site and by their own independent
observations and enquiries to have fully informed and satisfied themselves as to all matters
relating thereto which may affecting their Tenders, including but not limited to, the nature of
the Work Site, means of access, local facilities, climatic conditions, labour conditions and
practices, any security, fire, safety or other regulations which may affect their execution of the
Works, the nature extent and practicability of the Works, the nature and location of any
existing plant, buildings, structures and underground services.
9 SITE VISIT
The covering letter to this Tender will advise if any official visit to the Work Site has been
arranged. If there is an official visit, attendance is compulsory and compliance will be a
condition precedent to consideration of the Tender.
If no official visit has been arranged, Tenderers may arrange to visit the Work Site by
contacting with the person named in Section 20.1 of these Instructions. Requests for such
visits must be made at least five (5) calendar days before the date fixed for receiving Tenders.
COMPANY will arrange a suitable time and date for the visit and will delegate a
representative to accompany the Tenderer’s representatives during the visit.
The Tenderer shall be responsible for its own travel and accommodation arrangements in
connection with any Work Site visit, which shall be entirely at its own cost and risk.
10 TAXES AND DUTIES
The Tenderer’s attention is drawn to Article 8 of the General Terms for Purchase
CONTRACT which sets out the CONTRACTOR’s obligations and liabilities with respect to
tax and duties.
The Tenderer shall be solely responsible for assessing any liability he might incur in
connection with the performance of the Works under the tax laws of Malaysia and, in
particular, to establish its status with respect to Withholding Tax.
The COMPANY will comply with all applicable tax laws and regulations that relate to the
making of payments to the CONTRACTOR under the CONTRACT and no claims based on
any failure or asserted failure of the Tenderer to understand and to evaluate properly the
effects of the tax laws and regulations will be entertained.
11 FORM OF TENDER AND COMPLIANCE WITH ITT
11.1 The Tender must be in complete compliance with the requirements of these Instructions and
free from conditions and reservations. Tenders must be submitted on the form(s) provided,
without additions, alterations or erasures of any kind. No Tender will be considered complete
and responsive unless it is legibly completed in ink or is typed. If any section of the ITT
Documents does not apply to your Tender, it is to be endorsed with a statement to that effect.
A Tender not complying with these requirements may be considered non-responsive and
rejected.
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11.2 Tenderers must complete and return the Form of Tender in the format specified in Attachment
C to these Instructions. The full legal name and address of the Tenderer must be stated and
the Tender is to be signed and dated by a person fully authorised to bind the Tenderer. The
name and designation of the signatory shall be typed or clearly printed below the signature.
Any Tender submitted without a signed Form of Tender will be rejected.
11.3 Whereas Tenderers may wish to submit qualified or alternative Tenders which do not comply
with the requirements of these Instructions, no such non-compliant Tenders will be
considered unless a “base” Tender free of qualifications or alternatives and strictly on the
basis of the ITT Documents, is also submitted at the same time.
If a Tenderer wishes to submit a qualified or alternative Tender, it must provide all such
additional information as will enable COMPANY to evaluate the qualifications and/or
alternative proposals. Neither qualified or alternative Tenders nor any accompanying
information shall be included as part of the base Tender, but shall be submitted as a separate
document clearly marked "ALTERNATIVE PROPOSAL". The Tenderer shall clearly
identify the item(s) or area(s) where the alternative proposal differs from the base Tender and
set out the commercial and technical advantages of the alternative(s).
Tenderers are advised that strict compliance with the requirement to submit an unqualified
base Tender is essential. If the base Tender is qualified in any way, then the base Tender,
together with the Alternative Proposal(s), will be considered invalid and will not be subject to
further evaluation. However, if a base Tender is submitted free of qualifications then,
qualifications included in an Alternative Proposal in accordance with the above instructions
will be considered.
COMPANY reserves the right to reject any Alternative Proposal.
12 TENDER CONTENT
12.1 The Tender shall comprise the following three elements, which are to be submitted as
separate packages:
Un-priced Commercial Proposal - to contain the original Form of Tender, Parent Company
Guarantee (if applicable), and all other information requested in Part E, Commercial Proposal,
Section 1 and Section 3, of the ITT Documents.
Priced Commercial Proposal - to contain all the information requested in Part E,
Commercial Proposal, Section 2 of the ITT Documents.
Technical Proposal - to contain all the information requested in Part F, Technical Proposal,
Sections 1 to 13 of the ITT Documents.
Technical and commercial evaluation of the Tender will involve detailed analysis of these
documents. It is therefore imperative that they are all properly completed and included in the
Tender.
12.2 The Commercial and Technical Proposals shall be compiled to correspond exactly with the
Section(s) and Sub-section(s) of the ITT Documents. General references in these Instructions
to the “Commercial Proposal” may be read being references to the combined “Un-priced” and
“Priced” parts thereof.
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Tenderers are advised that their Tenders must only incorporate such information and
documentation as are specifically requested in these Instructions. Accordingly, Tenderers
shall not include in their Tenders any part of and/or any drawings, specifications and the like
issued as part of or in connection with the ITT Documents, except to the extent expressly
required by these Instructions and/or the ITT Documents;
Furthermore, Tenderers shall not:
(i) State in the Tender its "understanding" of any part of the ITT Documents. (Tenderers
shall, in accordance with Section 4.2 of these Instructions, notify COMPANY of any
apparent ambiguity, lack of clarity, contradiction, or omission in the ITT Documents
for resolution prior to the submission of the Tender);
(ii) Include in its Technical Proposal any commercial, contractual or financial
information or make reference to such information.
13 SUBMISSION AND RECEIPT OF TENDERS
13.1 The Tender submission shall be in a sealed outer package containing (3) three separately
sealed packages for the Un-priced Commercial, Priced Commercial and Technical Proposal.
The number of submissions required as follows:
i. Un-priced Commercial Proposal : 1 Original plus 1 Copy
ii. Priced Commercial Proposal : 1 Original plus 1 Copy and 1 USB DISC
iii. Technical Proposal : 1 Original plus 1 Copy and 1 USB DISC
13.2 The “Original” and each “Copy” shall be clearly identified as such. In the event of any
discrepancy between the original and any copy, the original shall govern.
Tenderers shall use the address label(s) enclosed with the ITT Documents for the return of the
Tender. No marking revealing or indicating the identity of the Tenderer should be on the
outside of the outer package. Failure to comply with this requirement will render the Tender
liable to immediate disqualification. Postal franking machines or waybills indicating the name
of the sender should therefore not be used.
If a Tender is to be sent by airfreight, the Airway Bill must be endorsed “Free Domicile” and
the Agent handling clearance at receiving Airport on the Tenderer’s behalf must be identified
to the carrying airline. Failure to do this may cause delay and rejection of the Tender
13.3 All Tenders must arrive by the date and time for the receipt of Tenders stated in the covering
letter to the ITT Documents.
13.4 If any Tender is received later than the prescribed hour and date due to any reason other than
the fault of COMPANY REPRESENTATIVE and/or the COMPANY or their respective
representatives, it may be rejected and returned unopened to the sender.
13.5 Tenderers are advised that, unless deviations or exceptions are clearly stated in the Tender, it
will be deemed that the Tender has been submitted in full compliance with the ITT
Documents and any subsequent CONTRACT shall be executed strictly on that basis.
14 TENDER VALIDITY
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Tenders shall remain valid and open for acceptance for the period stated in the Form of
Tender following the prescribed date for receipt of Tenders.
If no Tender has been accepted before the expiry of the prescribed period of validity,
COMPANY shall have the right to request an extension of validity upon terms to be agreed
with the Tenderer.
15 TENDER EVALUATION
15.1 Technical Proposal
The Tenderer must demonstrate, beyond doubt, that it has the skill, organisation, personnel,
systems, procedures and experience necessary to execute the Works.
Tenderers are advised that the Tender evaluation process is a two-stage process and that
Tenderers must satisfy the technical criteria before consideration is given to their commercial
submission.
15.2 The information requested in Part F, Technical Proposal and Part E, Un-priced Commercial
Proposal, of the ITT Documents, will form the basis of the first stage of the evaluation and it
is therefore imperative that the Tenderer submits satisfactory responses to all elements.
Responses to these Instructions are to be submitted in the format provided and are to be
requested and clearly referenced to correspond to the specific section and question.
Any failure to respond satisfactorily could prejudice the evaluation and may result in
disqualification.
15.3 Commercial Proposal
Failure to satisfy the technical requirements of the ITT Documents may, at COMPANY
absolute discretion, result in the rejection of the Tenderer’s Commercial Proposal.
16 ACCEPTANCE OF TENDER
COMPANY expressly reserves the unconditional right to reject any or all Tenders, to waive
any of the requirements of these Instructions, and to accept any Tender, whether or not it is
the lowest received.
17 SECURITIES FOR PERFORMANCE
17.1 Bank Guarantee for Performance
In accordance with Article 6 of the General Terms for Purchase Contract, Section II of the
CONTRACT, the CONTRACTOR shall provide a bank guarantee in the amount of a sum
equivalent to 10% (ten percent) of the CONTRACT Price as security for the due and faithful
performance of its obligations under the CONTRACT.
Each Tenderer shall confirm that it will provide the required bank guarantee in the prescribed
form by including a signed undertaking to that effect in its Un-priced Commercial Proposal.
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The bank providing the guarantee, which shall be independent of the CONTRACTOR and
any group of companies with whom the CONTRACTOR may be associated shall be approved
by COMPANY and, unless specifically agreed otherwise by COMPANY, the wording of the
guarantee shall be precisely that given in Section II of the CONTRACT.
The Tenderer’s attention is drawn to the fact that the Bank Guarantee for Performance must
be submitted prior to any payment being made under any CONTRACT arising from
submission of the Tender.
17.2 Parent Company Guarantee
In the event that the Tenderer is a subsidiary of any other company it is required to submit a
Parent Company Guarantee issued by the Tenderer's ultimate Holding Company with its
Tender. The required format of the guarantee, which shall be signed either by two Directors
or by one Director and the Company Secretary of the Holding Company, is set out in Part E,
Section 1, of the ITT Documents. The original of the Parent Company Guarantee(s) shall be
included in the original Un-priced Commercial Proposal.
COMPANY reserves the right to reject a Tender submitted by a subsidiary Company if the
Tenderer fails to provide a Parent Company Guarantee with the Tender.
Tenderers trading in their own right and not as a subsidiary shall provide a confirmatory
statement to that effect in their Un-priced Commercial Proposal.
If the Tender is submitted by a Joint Venture or Consortium, the above requirement for the
provision of a Parent Company Guarantee shall apply to each member of the Joint Venture or
Consortium.
18 JOINT VENTURE OR CONSORTIUM TENDERS

If the Tender is submitted by a Joint Venture or Consortium, the following requirements shall
apply:
(i) The Tender shall be signed by the authorised signatories of all members of the Joint
Venture/Consortium and shall be legally binding on each such member.
(ii) A copy of the Joint Venture/Consortium agreement shall be included in the Unpriced
Commercial Proposal. The interest and role of each member of the Joint
Venture/Consortium shall be clearly defined. One member shall be nominated to act
as leader of the Joint Venture/Consortium.
The Joint Venture/Consortium agreement shall be, among other matters, provided
that:
 the members of the Joint Venture/Consortium shall, irrespective of any Joint
Venture Company they may form, be and remain jointly and severally liable
to COMPANY for the performance of the CONTRACT;
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 the nominated leader is fully authorised to act on behalf of the Joint

Venture/Consortium and in that capacity to incur liabilities and enter into
contractual relationships with third parties, including settlement of any
disputes thereunder, to receive and act upon instructions from COMPANY,
and to make and receive payments on behalf of Joint Venture/Consortium;
 if any member of the Joint Venture/Consortium goes into liquidation or
otherwise ceases to trade, the remaining party(ies) shall have the full
obligation to carry out and complete the CONTRACT and, to that end, shall
be empowered to use all equipment furnished by the defaulting party and
entitled to have any relevant sub-contracts and/or sub-orders assigned to the
remaining party(ies); and
 the structure and membership of the Joint Venture/Consortium shall be
maintained throughout the Tender validity period and, if the CONTRACT is
awarded to the Joint Venture/Consortium, thereafter until all of the
CONTRACTOR’s obligations under the CONTRACT have been fulfilled.
(iii) If no Joint Venture/Consortium has been executed prior to the submission of the
Tender, Joint Venture/Consortium shall include, in its Un-priced Commercial
Proposal, a statement signed by authorised signatories of all members of the Joint
Venture/Consortium to the effect that the requirements set forth in (ii) above will be
met. No CONTRACT arising out of a Joint Venture/Consortium Tender will be
awarded until a formal agreement acceptable to Foster Wheeler has been executed.
19 COSTS
Further to Section 2.2 above, all direct and indirect costs of tendering for the Works,
including but not limited to, the costs of preparing a Tender, visiting the Work Site, attending
pre-tender and post-tender clarification and/or negotiation meetings, etc., shall be to the
Tenderer’s account.
Tenderers are advised that meetings relating to these ITT Documents will be held at
COMPANY Office,
20. ADDRESSES
20.1 All communications in respect of these Instructions must be sent by fax and/or hard copy to:
Petron Malayisa Refining & Marketing Bhd.
1 ½ Miles, Off Jalan Pantai, 71009 Port Dickson,
Negeri Sembilan Darul Khusus
For the attention of: Amelia Lee, Procurement Associate

Phone no.: (606) 646 6000 ; Fax no. : (606) 6474266
20.2 Tenders are to be addressed as follows:
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And submitted to below address by the specified closing date:-


20.3 In the event the Tender is unsuccessful, all ITT Documents and other documents issued to the
Tenderer in connection with these Instructions shall be returned to:
Note: All electronic documentation/files are to be deleted from Tenderer’s systems.
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ATTACHMENT A
FORM OF ACKNOWLEDGEMENT
The “Letter of Acknowledgement” to be provided in accordance with Section 3 of the Instructions by
those intending to submit a Tender shall be in the form set out below.
_________________________________________
ON TENDERER'S LETTER HEAD

For the attention of:Amelia Lee, Procurement Associate
Date:
Marine Import Facilities 2 Project
Invitation to Tender for Onshore Pipeline Extension Package
Ref: Enquiry-12080A4-003
ACKNOWLEDGEMENT OF INVITATION TO TENDER

We hereby acknowledge receipt of the above-referenced Invitation to Tender and confirm that we
shall be submitting a Tender for the Onshore Pipeline Extension Package by the date and time for
the receipt of Tenders stated in your covering letter to this Invitation to Tender.
Signed:
Designation:
COMPANY:
________________________
NOTE:
For Joint Ventures or Consortia – all of the members shall sign the Letter of Acknowledgement.
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ATTACHMENT B
SECRECY DECLARATION

....................................................................... (the “TENDERER”) a company having its registered

office at ......................................................................... hereby declares to,
Petron Malaysia Refining & Marketing Bhd. (the “COMPANY”), a company incorporated according
to the laws of Malaysia with a registered office at Level 12A, Menara I&P 1, No, 46 Jalan Dungun,
Damansara Heights Kuala Lumpur, 50490;
That, in consideration of the TENDERER being permitted to tender for certain works or services
described in the above-referenced Invitation to Tender (the “WORKS”) directly required for or
otherwise connected with the realisation of the Marine Import Facilities 2 Project, (the “PROJECT”)
for Petron Malaysia Refining And Marketing Bhd. (the “COMPANY”), the TENDERER accepts the
following terms and conditions regarding the supply to the TENDERER by COMPANY
REPRESENTATIVE of "CONFIDENTIAL INFORMATION" (as hereinafter defined) for the
purposes of allowing the TENDERER to submit a tender for or to undertake such WORKS.
(1) When used in this DECLARATION the expression "CONFIDENTIAL INFORMATION"
means any technical and commercial information relating to the PROJECT and/or to
COMPANY REPRESENTATIVE’s, and/or the COMPANY’s businesses which is at any
time disclosed to the TENDERER by COMPANY REPRESENTATIVE either directly or
indirectly, and whether orally, in writing, in drawings or other documents, or in any other
way, except where and to the extent that at the time of such disclosure such information was
already in the possession of the TENDERER without any binder of secrecy or formed part of
the public knowledge or literature, provided that specific information shall not be deemed to
be within either of the above exceptions merely because of being embraced by more general
information within one or both of the above exceptions.
(2). The TENDERER undertakes not to use CONFIDENTIAL INFORMATION for any purpose
other than for submission of a tender for, and if the TENDERER's tender is accepted, the
execution of the WORKS. Furthermore, the TENDERER undertakes that it will not disclose
any CONFIDENTIAL INFORMATION to any third party other than necessarily required for
the purposes of tendering for or executing the WORKS and then only after the third party has
entered into a secrecy undertaking in the same form as this the undertaking given by the
TENDERER to COMPANY REPRESENTATIVE.
The undertakings given above shall continue for 10 (ten) years from the date hereof or, if it
would be a shorter period, for so long and insofar as any particular CONFIDENTIAL
INFORMATION shall not:
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(a) have become part of the public knowledge of literature except by fault, act or
omission on the part of the TENDERER, or
(b) have lawfully become known to the TENDERER without binder of secrecy from a
source free to disclose such CONFIDENTIAL INFORMATION other than
COMPANY REPRESENTATIVE.
and provided that specific information shall not be deemed to be within either of these
exclusions merely because of being embraced by more general information within one or both
of the exclusions.
(3) The disclosure of CONFIDENTIAL INFORMATION to the TENDERER shall be not
construed as granting the CONTRACTOR any rights except as noted herein in respect of
CONFIDENTIAL INFORMATION or any licence in any country under any patents or patent
applications relating to CONFIDENTIAL INFORMATION which COMPANY
REPRESENTATIVE or COMPANY, may now or hereafter own or under which COMPANY
REPRESENTATIVE or COMPANY may now or hereafter have licensing rights.
(4) The undertakings set out herein are made in accordance with Malaysian law which shall apply
thereto.
ACCEPTED AND AGREED FOR

[............ TENDERER’S FULL COMPANY NAME............]
BY (SIGNATURE) ________________________
FULL NAME: (PRINTED) ________________________
TITLE: ________________________
DATE: _________________
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ENQUIRY NO: 1280A4-003
ATTACHMENT C
FORM OF TENDER
ON TENDERER'S LETTER HEAD

For the attention of: Amelia Lee Date:

Procurement Associate
Dear Sirs,
TENDER
Having carefully examined the Invitation to Tender issued in connection with the performance of the
above referenced Works, and all documents referred to therein, we hereby offer and undertake to
carry out the Works in complete compliance with the proposed CONTRACT which shall consist of
the following:
PART A AGREEMENT
PART B CONDITIONS OF CONTRACT
PART C JOB SPECIFICATION
PART D CONSTRUCTION REQUIREMENTS
PART E COMMERCIAL PROPOSAL
PART F TECHNICAL PROPOSAL
and to supply and provide all construction equipment, materials, labour and other things whatsoever
requisite or incidental to carrying out the Works for such sum as may be ascertained in accordance
with the CONTRACT.
We confirm that we have carefully examined and are familiar with all the documents forming the
proposed CONTRACT; that we have checked and identified all the documents listed in Part C, the
Technical Specification, and that there are no known discrepancies or omissions therein or in any
other document forming part of the CONTRACT; that we have carefully checked the figures in the
Schedule of Rates and Prices; that we have visited and examined the Work Site; that we are fully
capable and experienced to undertake the Works; and that we have fully satisfied ourselves as to the
extent and nature of the Works to be performed and as to the sufficiency of our Tender.
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We undertake, in the event of your acceptance of this offer, to execute a formal CONTRACT with
you embodying all the terms and conditions contained within the Tender. Unless and until a formal
CONTRACT is prepared and executed, this Tender together with your written acceptance thereof,
shall constitute a binding CONTRACT between us.
We agree to abide by our Tender for a period of ninety (90) days commencing from the closing date
for submission of Tenders and it shall be binding upon us and may be accepted at any time before
expiry of that period.
If our Tender is accepted, we undertake to commence the Works upon receipt of Employer’s
Representative’s instruction, either immediately after receipt of such instruction or upon such date as
may be contained therein.
We accept that you are not bound to accept the lowest or any Tender you may receive nor to give any
reason for the rejection of any Tender.
We confirm that we have taken into account in our Tender the Tender Addenda numbered
……..to………..inclusive which were issued during the Tender period.
We accept that all direct and indirect costs we have incurred in preparing and submitting this Tender
are entirely for our own account, and we further agree to bear any further costs we may incur prior to
award of any CONTRACT arising from its submission.
We understand that no unsolicited re-tenders of any kind will be considered and that submission of
such a re-tender may result in disqualification of the party submitting it.
In the event of our being notified that our Tender has not been successful, we shall, unless instructed
otherwise, immediately return all of the Tender documentation to you.
We confirm that the person who has signed this Tender is a duly authorised signatory of our
COMPANY and has the full and formal legal authority to sign this Tender on behalf of the
COMPANY.
We certify that this is a bona fide Tender intended to be competitive. We also certify that, prior to the
hour and date for the submission of this Tender, we have not done, nor will we do, any of the
following:
(a) Communicate to any person the amount, or approximate amount of the proposed
Tender, except when necessary to obtain insurance premium quotations required for
the preparation of the Tender.
(b) Enter into any agreement or arrangement with any person whereby we agree to
refrain from tendering, or agree to fix or adjust the amount of any Tender to be
submitted.
(c) Offer, pay or give, or agree to pay or give, any sum of money or any other form of
valuable consideration, directly or indirectly, to any person for doing, or having done,
or causing, or having caused, to be done, in relation to this, or any other tender or
proposed Tender for the Works, any act or deed as described above, or of similar
intent to any act or deed as described above.
573045275.doc
Page 17 of 17
In the aforementioned context the word “person” includes any persons or any body or association,
corporate or unincorporated; and “any agreement or arrangement” includes any such transaction,
formal or informal, and whether legally binding or not.
We acknowledge that the Work Site will operate under the highest standards of safety applicable
throughout the engineering construction and process plant industries and that we have included in this
Tender submission for implementing the necessary management controls for both preserving these
standards and, where the potential exists, for promoting improved safe working practices and
procedures on the Work Site.
We undertake, if this Tender is accepted, to furnish the Security for Performance required by the
Employer within twenty-eight (28) Calendar days from the date of acceptance of the Tender.
Our Tender consists of the following documents, duly completed:
PART E (in two parts)
UN-PRICED COMMERCIAL PROPOSAL, Sections 1 and 3
PRICED COMMERCIAL PROPOSAL, Section 2
PART F TECHNICAL PROPOSAL, Section 1 to 13
Signed By: Witness Signature:
Name: Witness Name:
Position: Address:
Duly Authorized to sign on behalf of:

Occupation:
Full Name of Tenderer Date:
Date:
573045275.doc

3 - Instructions To Tenderers - 003 (Updated 8th Feb 19)

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3 - Instructions To Tenderers - 003 (Updated 8th Feb 19)

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MARINE IMPORT FACILITIES 2 PROJECT

FWECM PROJECT NO: EC1280A4

2. STATUS OF INSTRUCTIONS TO TENDERERS

4. INVITATION TO TENDER DOCUMENTS

8. KNOWLEDGE OF WORK SITE

10. TAXES AND DUTIES

11. FORM OF TENDER AND COMPLIANCE WITH ITT

12. TENDER CONTENT

13. SUBMISSION AND RECEIPT OF TENDERS

14. TENDER VALIDITY

15. TENDER EVALUATION

16. ACCEPTANCE OF TENDER

17. SECURITIES FOR PERFORMANCE

18. JOINT VENTURE OR CONSORTIUM TENDERS

Attachment A Form of Acknowledgement

Attachment B Secrecy Declaration

Attachment C Form of Tender

8 KNOWLEDGE OF THE WORK SITE

18 JOINT VENTURE OR CONSORTIUM TENDERS

 the nominated leader is fully authorised to act on behalf of the Joint

For the attention of: Amelia Lee, Procurement Associate

Petron Malayisa Refining & Marketing Bhd.

And submitted to below address by the specified closing date:-

For the attention of: Amelia Lee, Procurement Associate

For the attention of: Amelia Lee, Procurement Associate

Note: All electronic documentation/files are to be deleted from Tenderer’s systems.

Petron Malayisa Refining & Marketing Bhd.

For the attention of:Amelia Lee, Procurement Associate

ACKNOWLEDGEMENT OF INVITATION TO TENDER

Marine Import Facilities 2 Project

....................................................................... (the “TENDERER”) a company having its registered

ACCEPTED AND AGREED FOR

ON TENDERER'S LETTER HEAD

For the attention of: Amelia Lee Date:

Signed By: Witness Signature:

Name: Witness Name:

Duly Authorized to sign on behalf of:

Full Name of Tenderer Date:

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