Professional Documents
Culture Documents
QUOTATION DOCUMENT
FOR
RFQPD/KL/SEBUTHARGA(016)/JANUARI/2023
Wilayah Persekutuan,
Malaysia.
This document has important legal consequences. The information contained in this document is proprietary of
PENGURUSAN AIR SELANGOR SDN. BHD. It shall not be used, reproduced, or disclosed to others without the
express and written consent of PENGURUSAN AIR SELANGOR SDN. BHD.
Table of Contents
1 Overview.......................................................................................................................................................................5
1.1 General Information..............................................................................................................................................5
1.2 Schedule................................................................................................................................................................6
1.3 Negotiation Controls.............................................................................................................................................6
1.4 Terms....................................................................................................................................................................6
1.5 Attachments..........................................................................................................................................................6
2 Requirements................................................................................................................................................................7
2.1 Section 1. General...............................................................................................................................................20
2.2 Section 2. Eligibility...........................................................................................................................................20
2.3 Section 3. Technical............................................................................................................................................22
2.4 Section 4. Financial.............................................................................................................................................23
2.5 Section 5. Commercial........................................................................................................................................23
3 Lines............................................................................................................................................................................25
3.1 Line Information.................................................................................................................................................25
3.2 Line Details.........................................................................................................................................................26
3.2.1 Line 1............................................................................................................................................................26
3.2.2 Line 2............................................................................................................................................................27
3.2.3 Line 3............................................................................................................................................................27
3.2.4 Line 4............................................................................................................................................................28
3.2.5 Line 5............................................................................................................................................................28
3.2.6 Line 6............................................................................................................................................................29
4 Contract Terms...........................................................................................................................................................29
1 Overview
1.1 General Information
Title S016-KERJA MENANAM RUMPUT DI LERENG BUKIT KOMPAUN
BANGUNAN WIL. KL
Synopsis Please take note that vendors are required to attend site visit briefing. Details are as
per below;
SITE VISIT DATE: 20/03/2023
TIME: 3:00 PM
SITE VISIT VENUE: 3°07'05.9"N 101°40'02.8"E
Pengurusan Air Selangor Sdn. Bhd. (Wilayah Kuala Lumpur)
Attendance for the site visit is compulsory.
BE ENTERTAINED
1.2 Schedule
Preview Date Open Date 17/03/2023 04.03.41 PM
Close Date 22/03/2023 03.00.00 PM Award Date
Time Zone Malaysia Time
Lines Settings
Rank Indicator 1,2,3...
Ranking Method Multiattribute scoring
1.4 Terms
1.5 Attachments
File Name or URL Type Description
BQ - S016 - 2023 (CNR).xlsx File
HOW TO RESET SUPPLIER PORTAL USER URL HOW TO RESET SUPPLIER PORTAL
ID PASSWORD USER ID PASSWORD
HOW TO RESPOND TO A NEGOTIATION URL HOW TO RESPOND TO A NEGOTIATION
INVITE INVITE
HOW TO MANAGE SUPPLIER PROFILE URL HOW TO MANAGE SUPPLIER PROFILE
2 Requirements
*Response is required
INSTRUCTIONS TO BIDDERS
1.0INTRODUCTION
1.1. Pengurusan Air Selangor Sdn. Bhd. ("the Company") invites experienced
vendors to submit a Quotation ("Bidder(s)")in the manner, form and format as
stipulated in this Instructions to Bidders ("ITB") for the provision of the following
Services and/ or Supply ("Services and/ or Supply"):KERJA MENANAM
RUMPUT DI LERENG BUKIT KOMPAUN BANGUNAN WIL.
KL -RFQPD/KL/SEBUTHARGA(016)/JANUARI/2023
1.2. The ITB, in so far as they may affect the Purchase Order (including the terms
and conditions applicable thereto) ("Purchase Order") and where applicable the
formal agreement ("Agreement") to be signed between the Company and the
successful Bidder shall be deemed to form part of the Purchase Order and/ or
Agreement.
1.3. Bidder shall not be allowed to impose any other additional or different terms in
its acknowledgment of acceptance, correspondence or any other documents of
the Bidder.
2.0BIDDER'S ELIGIBILITY
2.1 This ITB is extended to Bidders who meet all the requirements to Quotation
for this Services and/ or Supply as predetermined by the Company pursuant to
this ITB.
2.2 To be eligible for the award of this Services and/ or Supply, the Bidder shall
provide evidence satisfactory to the Company of their capability and adequacy of
resources to effectively carry out the subject Purchase Order and/ or Agreement.
2.3 Pursuant to Clause 2.2 above, if applicable the Bidders shall submit the
certified true copy of each of the following documents and information as an
attachment in Negotiation Response via Supplier Portal :
2.4 A Quotation shall be disqualified and shall not be considered by the Company
in the event that:
2.5 Without prejudice to Clause 2.3 above, a Bidder shall be disqualified and any
Quotation submitted by it shall not be considered if, the Bidder [or any of its
directors and/or its senior management] has been convicted of an offence
involving:
the Services and/ or Supply and it has come to the knowledge of the
Company that the Bidder [or any of its directors and/or its senior
management] has been convicted of the offences referred to above, then
the Company shall have the right to immediately withdraw, revoke,
terminate or cancel the Contract or Purchase Order or appointment (as the
case may be) at any time by a notice in writing to the Bidder, without any
compensation or payment whatsoever to the Bidder.
2.6 Notwithstanding any other provisions herein, any Quotation submitted to the
Company may be rejected by the Company at its absolute discretion, if at any
time:
3.1 A Bidder shall submit the following information together with its Quotation –
3.1.1 A copy of the Bidder's latest three (3) months bank statement.
3.2 All technical specification and full documentation must be submitted by the
same means. Offers submitted by other methods shall not be considered.
3.3 A Bidder who does not demonstrate good administrative record and financial
standing to the sole satisfaction of the Company, will not be considered.
3.4 Any information that the bidder may consider necessary to guarantee or
clarify the bid (e.g. technical datasheet, catalogue, test reports, compliance with
standards etc.) may be included, provided appropriate and clearly indicated
reference is made in the offer.
4.0PREPARATION OF QUOTATION
4.1 The Bidder shall prepare its Quotation and complete the prescribed forms in
the manner as described in this ITB.
4.2 In preparation of the Quotation, the Bidder should not depart from the content
of Quotation documents or insert any new terms, conditions or stipulations in the
Quotation. Any Quotation submitted which is obscure or irregular or which has
been altered in a manner contrary to the provisions of this ITB, shall be rejected.
4.4 The Company shall have the right to request any Bidder to re-submit in whole
or any part of the Quotation which is deemed illegible and/or vague.
4.5 All Bidders shall refer to the Requirement & Lines sections in Negotiation
Response for the detailed scope of works to be provided.
4.6 All direct and indirect costs for preparation of the Quotation including but not
limited to costs associated with attending clarification meetings, site visits (if any)
and the like shall be at the Bidder's expense, regardless as to whether its
Quotation is successful.
4.7 The Company will not entertain and be responsible for, nor pay for, any
expenses or loss which may be incurred by any Bidder in the preparation of its
Quotation.
4.8 All correspondence in connection with the Quotation, Purchase Order and/ or
Agreement and all matters accompanying the bid and/or which are relevant to the
Quotation are to be in English and Malay language only.
5.0SUBMISSION OF QUOTATION
5.1 The Bidder is REQUIRED to submit the Quotation Price in Lines section in
online Supplier Portal. Please refer to the User Guides send together with this
Quotation Documents.
5.4 Responsibility for the correct labelling and timely submission of the Quotation
rests with the Bidder.
5.5 No alteration or mutilation (other than filling in all the blank spaces) shall be
made in any of the Quotation Documents attached thereto.
5.6 Offers must be made in accordance with the instruction contained in this ITB,
any non-compliance will not be accepted nor be considered or evaluated by the
Company notwithstanding that the non-compliance is due to circumstances
beyond the Bidder's control.
6.0QUOTATION VALIDITY
6.1 The Quotation shall remain valid and open for acceptance for a period of up
to ninety (90) days after the closing date for submission of Quotations as specified
in the Quotation Notice and shall remain binding upon the Bidder at any time
before the expiration of that date.
6.2 Prior to expiry of the validity period of the Quotation, the Company may
extend the validity period of the Quotation for a specified period, if deemed
necessary.
7.1 The Company will be the sole entity for the evaluation and approval of
Quotations.
7.2 The Company reserves the right to accept or reject any proposal and/or
Quotation or such part or parts thereof at any time without giving any reason to
the Bidder(s) and does not bound itself to accept the lowest Quotation and the
Company reserves the right to annul, extend or revise the selection process
and/or reject/exclude any or all Quotations and/or invite/include any Bidder, at any
time (as the Company deems fit) prior to the award of Purchase Order and/ or
Agreement, without incurring any liability to Bidder(s), or any obligation to inform
or provide explanation of its decision to the Bidder(s). The Company reserves the
right also to accept only part of the items and/or quantities quoted for.
7.3 The successful Bidder may be required to enter into a formal Agreement with
the Company. The Company reserves the right to require the Bidder to adopt the
Company's standard form of Agreement subject to any amendment, variation
and/or modification as may be stipulated by the Company. The successful Bidder
is required to indicate whether it complies with the terms and conditions contained
in the Purchase Order and/ or Agreement.
7.4 Until execution of the Purchase Order and/ or Agreement, the Company will
neither have any obligation to the Bidder nor make any commitment in connection
to this Quotation exercise.
7.5 The Company reserves the right to undertake discussion with one or more
Bidders. The Company reserves its rights to accept any Quotation or modified
Quotation which in its sole judgment, will be the most advantageous to the
Company, taking into consideration the price and other evaluation factors as may
be determined by the Company.
7.6 The Company also reserves the right not to award the contract at all.
7.7 The Company has the right to eliminate bids for technical or other reasons
throughout the evaluation and selection process.
7.8 The Company shall not in any way be obliged to reveal, or discuss with any
bidder, how a bid was assessed, or to provide any other information relative to the
evaluation and selection process or to state the reasons for elimination to any
bidder.
8.1 Addendum(s) may be issued by the Company up to forty eight (48) hours
before the deadline for submission of Quotations in order to clarify the Quotation
documents or to modify the Quotation documents. Each Addendum(s) issued will
be distributed to each Bidder who has requested a copy of the Addendum(s), and
each Addendum(s) shall become part of the Quotation documents. Receipt of
each Addendum must be acknowledged by the Bidder.
8.2 Bidder shall submit their bids having considered the Addendum(s) is part of
the Quotation documents. In the case the Bidder have submitted the bids, Bidder
is required to resubmit the bids again in Supplier Portal.
9.0SUFFICIENCY OF QUOTATION
9.2 No claim will be entertained by the Company that is based on the Bidder
being unaware of any circumstance or risk pertaining to the Services and/ or
Supply to which a fully experienced and competent professional consultant
could not have been expected to be aware or for any other basis whatsoever.
10.1 The Bidder is under full obligation to seek clarification on all matters which
may affect the prices quoted by the Bidder which it considers unclear or in its
opinion, there is doubt as to the true meaning or intent and/or there are
discrepancies in or omissions from the Quotation documents.
10.2 If any Bidder is in doubt as to the true meaning of any part of the
Quotation documents, or of any requirement and obligation of the Quotation
documents, the Bidder shall notify the Company in writing via Negotiation
Online Message in the Supplier Portal and request clarification before
submitting its Quotation.
10.3 The Company shall not entertain any oral request made by the Bidder for
any clarification/information and should not be responsible for any
clarification/information given by the Company or its representative in response
to such oral request.
10.4 The Company will respond in writing to any request for clarification, copied
to all Bidder, which it receives not later than seven (7) days prior to the deadline
for the submission of Quotation.
10.6 The Quotation submitted should take into account all addendum(s) issued
by the Company. It should be the responsibility of the Bidder to ensure that its
Quotation includes all scope as required by the Company.
10.7 The Company shall not be responsible for any delay arising out of the
aforesaid that may result in the Bidder's inability to meet the deadline for
submission of its Quotation.
11.1 The Total Bid Sum are inclusive of Sales And Services Tax at the
prevailing rate chargeable by the Royal Malaysian Customs Department or the
relevant authority under the Sales Tax Act And Services Tax Act ("SST") and
other incidental costs including without limitation all freight, insurance and
packing charges and all other taxes including but not limited to export, import,
value-added, sales, use, local excise, personal property, withholding and all
other relevant taxes and charges which may be levied, imposed or assessed by
the Government and/or any other relevant authorities in connection with the
Works.
12.1 Where there is a discrepancy between the unit rate and the total amount
derived from the multiplication of the unit rate and the quantity, the unit rate as
quoted will govern, unless in the opinion of the Company there is an obviously
gross misplacement of the decimal point in the unit rate in which event the total
as quoted will govern and the unit rate will be corrected.
14.1 The Quotation documents are issued to the Bidders solely for the purpose
of preparation and submission of Quotation. The Bidders shall treat the details
of the Quotation documents as private and confidential, whether or not it
submits a Quotation.
14.2 The Bidder shall not (directly or indirectly) disclose, divulge, reveal, copy,
report, publish, circulate, use, sell, transfer, deal in or otherwise appropriate or
exploit any confidential information communicated or made available to the
Bidder or discovered by the Bidder in the course of examination, clarification,
evaluation and award of the Bidder or use the same for any purpose other than
for the preparation of the Quotation without prior written consent of the
Company other than permitted disclosure to the Bidder's employees and
agents on a specific need to know basis and the Bidder shall ensure that such
of the Bidder's employees and agents are bound by the same undertaking.
15.1.1 The Bidder has read, understood and shall abide by the
Company's Procurement Code of Conduct as published in the Company'
s Website;
15.1.2 The Bidder shall not, in connection with this or any other
agreement with the Company, directly or indirectly, offer anything of
value, or not, to anyone as consideration for the decision, opinion,
recommendation, vote or other exercise of discretion or violation of a
known legal right by any employee of the Company;
15.1.3 The Bidder possesses the expertise, skill, experience and ability
to perform the Works;
15.1.4 The Bidder shall not, in connection with this or any other
agreement with the Company, directly or indirectly, offer, give or agree
or promise to give to anyone any gratuity for the benefit of or at the
discretion or request of any employee of the Company;
15.1.5 The Bidder, upon being informed of any violation of these
provisions by one of its employees or associates, which has or may have
occurred, shall immediately notify the Company in writing of the nature of
this violation;
15.1.6 The Bidder shall not, at any stages throughout the Quotation, be
engaged in any unlawful and corrupt practices, nor engaged in any
activities which involved directly or indirectly, the offering of any bribe or
gratuity to anyone as consideration for the decision, opinion,
recommendation, vote or other exercise of discretion or violation of a
known legal right by any employee of the Company;
15.1.7 The Bidder acknowledges and understands and shall strictly
adhere to the warranties and representations stated herein;
15.1.8 The Bidder's submission of the Quotation confirms its full
acceptance of the terms, conditions and requirements of the Quotation
document;
15.2 Failure to comply with any of the above by a Bidder shall result in the
Quotation of the Bidder being rejected by the Company and not being
considered in the evaluation process and may result in the deselection of the
Bidder from future invitations to Quotation, issued by the Company.
16.1 The Quotation and any undertaking in relation to the Quotation shall be
created and submitted by representative authorised to act on behalf of the
Bidder ("Authorised Representative"). In relation to the foregoing, a Letter of
Authorisation, in favour of the authorised representative shall be submitted
together with the Quotation and at such other time on the notification of any
substitution of the authorised representative, which shall solely be the
responsibility of the Bidder to inform the Company.
16.2 Bidder shall immediately inform the Company and submit to the Company
a new Letter of Authorisation in the event of any change and/or substitution of
the Authorised Representative.
17.0 PAYMENT AND CURRENCY
17.1 Each Bidder shall submit its Quotation fully priced in Ringgit Malaysia
(RM) only.
17.2 Any Quotation sum/fee submitted by the Bidder shall be inclusive of all
17.3 All payments under the Purchase Order and/ or Agreement shall be made
in accordance and as may be specified in the Purchase Order (including the
terms and conditions applicable thereto) and/or the conditions of contract, as
the case may be.
17.4 All prices and rates as set out in the Quotation Document hereof, Bill of
Quantities shall not be subject to any fluctuation of price whatsoever whether
due to the fluctuation or increase (as the case may be) in the price/costs of raw
materials, goods, labour, transportation, storage, insurance, taxes, statutory
contribution, exchange rates or otherwise howsoever.
18.1 Prior to the expiration of the Quotation validity period, or when the validity
period being extended, as the case may be, the Company will notify the
successful Bidder through Purchase Order and/ or Agreement to which the
terms and conditions (where applicable) together with the relevant attachments
and annexure thereto will be attached. The Company reserves the rights to
amend the terms and conditions and the Agreement at its absolute discretion.
18.2 Within [seven (7)] days from the date of the Purchase Order, the Bidder
shall sign and execute the Purchase Order and return the same to the
Company in the manner as prescribed therein.
18.3 Where applicable, the Company reserves the right to issue the conditions
of Purchase Order and/ or Agreement and to be executed by the Company and
the Bidder. Within fourteen (14) days of receipt of the conditions of contract, the
Bidder shall sign and date the Purchase Order and/ or Agreement and return it
to the Company.
18.4 Failure of the Bidder to comply with this requirement may constitute
grounds for the annulment of the decision to award the Purchase Order and/ or
Agreement. In such a case, the Company may award the Purchase Order and/
or Agreement to another Bidder, or cancel the Quotation procedure at its
discretion.
18.5 Bidders are hereby notified that notwithstanding that this ITB is issued by
the Company, the Purchase Order and/ or Agreement may be issued by any
19.0 DECLARATION
19.1 The Bidder shall declare that neither the Bidder nor any of its
shareholders, directors, managers, partners, joint-venture partners/parties or
agents is a person connected with any member of the Company's board of
directors or the Company's employee or any person connected with the
aforementioned persons. The Bidder shall also declare that the Bidder is not a
person connected with its consultants, sub-contractors, suppliers,
manufacturers and/or agents, if any, and acknowledge that the validity of the
Quotation is based on this declaration.
20.1 The bidder shall inform The Company immediately about any serious
quality and/or safety concerns related to the manufacture, control or use of their
product, including suspension or cancellation of marketing authorizations. This
applies to pre-contract award as well as post contract award periods.
[End of Document]
Please attach your company's business profile which includes the following:
1. General business information e.g. company name, address, contact details (phone number, email address
and person in charge)
2. Organization chart
3. Scope of supply/services
4. Company experiences
5. List of key personnel / competence person / professional
6. List of asset/machineries/equipment/workshop
*2. I hereby declare that I representing this Company and all its associates, which include but not limited to its
employees, agents and/or subcontractors and representatives (collectively referred to as "We"), hereby declare
and undertake as follows:
• Shall not directly or indirectly offer or give, promise to give any money, goods or services, or any
gratifications as defined under the Malaysian Anti-Corruption Commission Act 2009 [Act 694], to
any individual(s) in Pengurusan Air Selangor Sdn Bhd ("Air Selangor") or any other individual
(s), this shall include but not limited to paying facilitation moneys to any authorities, enforcement
and/or approving bodies/organizations, when acting on behalf of, or for Air Selangor.
• Shall not directly or indirectly solicit, receive or agree to receive any forms of gratifications from
any individuals or parties, or commit any corrupted acts as defined under the Malaysian Anti-
Corruption Commission Act 2009 [Act 694], which may include but not limited to falsification,
manipulation, misrepresentation of any official documents or information, or misuse of position
and/or office to gain undue advantage(s), when acting on behalf of, or for Air Selangor.
• Shall not collude with any bidder(s), Suppliers or any other individual(s), in any type of practices
including but not limited to "bid rigging". Where applicable, We shall not corruptly procure
withdrawal of tender, or committed directly or indirectly towards any act that may affect
competitive nature of bidding process and its fairness during any procurement activities that We
undertake. Where applicable, We shall inform Air Selangor of any companies related to us, that
participate in the same tender exercise as we do and We have provided the details in the
Declaration of Related Parties.
• Parent
• Spouse
• Siblings
• Child (including Adopted Child and Stepchild)
Attachments:
File Name or URL Type Description
DECLARATION OF File DECLARATION OF RELATED PARTIES
RELATED PARTIES
Hint: If YES, fill in & sign the Related Party Declaration and attach it in the provided field.
Select one of the following:-
a. Yes(Response attachments are required)
b. No
*5. Are you a bankrupt or in liquidation/have petition against liquidation?
Attachments:
File Name or URL Type Description
DECLARATION OF File For Sdn Bhd/Bhd companies
NON-LIQUIDATION
DECLARATION OF File For Sole Proprietorship/Enterprise/Others
NON-BANKRUPTCY.
Hint: If YES, please provide relevant supporting document as attachment. If NO, please fill-in declaration of
Liquidation (for Sdn Bhd/Bhd companies) or Non-Bankruptcy (for Sole Proprietorship/Enterprise/Others)
Select one of the following:-
a. Yes(Response attachments are optional)
b. No(Response attachments are required)
*2. Provide you current on-going project (if any) and state the progress and balance.
Attachments:
File Name or URL Type Description
BORANG F File BORANG F - SENARAI KERJA KONTR
Hint: Please fill-up attached "Borang F" and submit as attachment.
Response attachments are required.
*3. Please confirm that you are fully complied with the attached Scope of Works / Technical Requirements / Bill of
Quantity in this tender/quotation document.
If you have any technical specifications on the goods/services provided, please attach hereunder. Examples are
technical datasheet, catalogue, test reports, compliance with standards etc.
*4. Required Delivery / Completion Period is 40 Days. Please select YES if you can adhere with the required
delivery, select NO if you can't adhere and please state the available Delivery / Completion Period.
Hint: Please specify in Days.
Select one of the following:-
a. Yes
b. No
*5. Please provide your related staff/personnel technical capabilities and professional qualification as per required
in this RFQ.
Hint: Kindly attach relevant supporting documents (if any) hereunder.
Response attachments are optional.
3 Lines
Instructions Please take note that vendors are required to attend site visit briefing. Details are as per
below;
SITE VISIT DATE: 20/03/2023
TIME: 3:00 PM
SITE VISIT VENUE: 3°07'05.9"N 101°40'02.8"E
Pengurusan Air Selangor Sdn. Bhd. (Wilayah Kuala Lumpur)
Attendance for the site visit is compulsory.
a) Contractor's All
Risk Policy
b) Workmen
Compensation
Policy
3.2 Line Details
3.2.1 Line 1 Kerja awalan menyediakan tenaga kerja, peralatan keselamatan (PPE) bagi pekerja mengikut
piawaian yang telah ditetapkan oleh JKKP dan kelengkapan alatan bagi kerja-kerja menanam rumput.
59200 KUALA
LUMPUR,
WILAYAH
PERSEKUTUAN
Start Price (MYR)
Note Kontraktor mestilah menyediakan segala keperluan bahan, buruh, mesin &
jentera/pengangkutan yang secukupnya sehingga siap untuk kerja-kerja
menanam rumput berkenaan.
3.2.2 Line 2 Kerja menyedia & membersih tapak drpd pokok, rumput & lalang bagi menyediakan ruang
penerimaan rumput yang baru. Kerja ini termasuk dengan semburan racun serta membekal pasir (sekiranya
perlu) memadat & meratakan tanah.
3.2.3 Line 3 Kerja membekal dan memasang rumput jenis 'cow grass' berukuran 125 ft x 28 ft dan meletak
serta menanam secara rapat tanpa bertindih.
LUMPUR
JALAN PANTAI
BAHARU
59200 KUALA
LUMPUR,
WILAYAH
PERSEKUTUAN
Start Price (MYR)
3.2.4 Line 4 Kerja menyiram rumput berkenaan termasuk penyediaan baja@ benih bagi penyiraman
rumput-rumput berkenaan. Penyiraman hendaklah secara teliti tanpa membuat takungan dibahagian
tanaman tersebut.
3.2.5 Line 5 Kerja kekemasan & pembersihan tempat kerja termasuk membuang sisa-sisa binaan ke tempat
yang dibenarkan oleh PBT
3.2.6 Line 6 Menyediakan insuran pekerja,mesin & kerosakan melibatkan pihak ketiga serta kerja yang
dijalankan meliputi :
a) Contractor's All Risk Policy
b) Workmen Compensation Policy
4 Contract Terms
1. Definitions
1.1 "Contract Administrator (C.A.)" means an authorised person who has been
appointed by the Company to manage and administer all matters pertaining to
the Services and/or the Supply provided under this PO.
1.3 "Charges / Prices" means the charges / prices for the Services and/or the
Supply provided in this PO.
1.4 "Deliverables" means the completion of the Services and/or the Supply.
1.5 "Goods" means all goods to be supplied and/or delivered by the Vendor in
accordance with this PO.
1.6 "PO" means this purchase order including this General T&C and all of its
attachments (if any), when applicable.
1.7 "Services" means all services and/or works to be performed by the Vendor in
accordance with this PO.
1.10 "Supply" means all supply and/or delivery of the Goods to be performed by
the Vendor in accordance with this PO.
1.11 "Term of PO" means the duration of this PO commencing from the
acceptance date of this PO and the completion date of the deliverables as
specified in this PO.
1.12 "Vendor" means the party to whom this PO is issued who shall be responsible
for the Services and/or the Supply.
1.13 "Warranty Period" means the twelve (12) months period immediately
following the acceptance of the Goods acknowledged by the Company in
writing or such other duration as may be specified in this PO.
2. Acceptance Agreement
30
This PO shall be deemed accepted by the Vendor upon the Vendor's
acknowledgement of this PO. The Company hereby objects to any terms
proposed by the Vendor in the Vendor's acceptance or acknowledgement of
the Company's offer which add to, vary from, or conflict with this General
T&C.
3. Specifications
3.1 The performance of the Services and/or delivery of the Supply by the Vendor
to the Company shall comply strictly with the Company's Specifications. In the
absence of such Specifications, then the performance of the Services shall be
in accordance with general acceptable industry standards, and delivery of the
Supply, shall be in accordance with the manufacturer's prevailing published
specifications.
3.2 All Services and/or Supply shall be free from any faults and defects, failing
which the Company may reject any such Services and/or Supply without any
liability whatsoever to the Vendor.
3.3 The Vendor shall, at the Company's request, re-perform, repair or make good
the Services not meeting Specifications and/or redeliver, replace, repair or
make good defective Goods or items not meeting Specifications, at the
Vendor's own cost.
4. Delivery
4.1 The Vendor shall perform the Services and/or deliver the Goods in strict
adherence with the performance / implementation schedule and/or delivery
date as stated in this PO.
4.2 In the event any parts assigned for the Goods are changed due to
obsolescence, substitution or other reasons, the Vendor shall notify the
Company in writing together with appropriate supporting documents
evidencing the proposed change and the Company shall agree in writing to
such change before delivery. The Vendor shall be responsible for supplying
all labour, tools, equipment and materials to perform such approved change to
the Goods without any additional charge to the Company.
4.3 Unless otherwise specified, the Vendor shall complete the performance of the
Services and/or deliver the full quantity of the Goods to the Company's
satisfaction before any payment will become due from the Company. In the
event of partial performance of the Services and/or partial delivery of the
Supply, the Company reserves the right to reject the partial performance of
the Services and/or partial delivery of the Supply and the Vendor shall
indemnify and hold harmless the Company from all costs and expenses which
may be incurred by the Company including without limitation, taxes, duties,
freight and warehousing charges.
5.1 The Vendor shall provide all labour, materials, tools, equipment, personnel,
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supervision, and facilities necessary to supply and/or deliver the Goods, in
strict accordance with this General T&C and any schedules, Specifications,
drawings, the Company's instruction books or service manuals and other
documents specifically attached to or referenced herein. The Vendor
expressly warrants that all Goods supplied and/or delivered under this PO
shall be merchantable, free from defects in material and workmanship, of the
highest quality, and shall conform to all applicable specifications and
appropriate industry standards. If the Vendor knows or has reason to know
the particular purpose for which the Company intends to use the Goods, the
Vendor warrants that such Goods shall be fit for such particular purpose. The
Vendor further warrants that the Goods are wholly new and contain new
components and parts throughout.
5.2 The Vendor warrants that it has the right to grant and hereby grants to the
Company a non-exclusive, perpetual, royalty-free license to use the Goods.
These warranties shall survive inspection, acceptance and payment. If any
defect occurs within Warranty Period, the Vendor shall, at its own cost repair
or replace the Goods, failing which the Company may repair or replace the
same and the Vendor shall reimburse to the Company all costs including,
without limitation, transportation and reinstallation costs, taxes and customs
duties incurred by the Company.
5.3 The Warranty Period on repaired or replaced Goods shall commence from the
date of successful repair or replacement. The Vendor shall indemnify and hold
the Company harmless for all damages arising out of any breach of these
warranties. In addition to the warranties above, the Vendor shall extend all
warranties it receives from its supplier to the Company. Breach of the
warranties set forth in this provision, or any other term of this PO, shall entitle
the Company to all available remedies under this PO and applicable laws.
The Vendor further expressly warrants that the Goods provided under this PO
shall not infringe any party's intellectual property rights.
6.1 Unless otherwise mutually agreed in writing, payment for this PO shall be
remitted within sixty (60) days from the date of receipt by the Company of the
correct original invoice containing itemised description of all expenses,
charges, costs, description and appropriate supporting documents evidencing
receipt of Deliverables by the Company. Charges / Prices for the Services, the
Supply, equipment/materials, software licence fees and royalties, if applicable,
shall be separately itemized. An incorrect invoice or an invoice without
appropriate supporting documents will be returned to the Vendor by the
Company for re-issuance. All invoices shall be submitted to the Company
upon receipt by the Company of Deliverables in good order at the Site
specified in this PO or satisfactory performance of Deliverables, as the case
may be, or such other time as may be agreed by the parties in writing and
specified in this PO.
6.2 For avoidance of doubt, if the sixtieth (60th) day falls on a gazetted public
holiday in Federal Territory of Kuala Lumpur, then the next working day shall
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be deemed to be the due date for payment.
6.3 The Company shall have the right at all times to withhold or set-off any
amount due or payable to the Vendor hereunder against any claim or charge
the Company may have against the Vendor under this PO or any other
contract that the Vendor may have with the Company. Payment shall not
constitute acceptance or approval of Deliverables or waiver by the Company
of any of its right under this PO.
7. Charges / Prices
Unless otherwise stated in this PO, the Charges / Prices shall be fixed and no
escalation shall be allowed. The Charges / Prices shall be inclusive of sales
tax, service tax and all other taxes including but not limited to export, import,
value-added, use local excise, personal property, withholding and all other
relevant taxes and charges which may be levied, imposed or assessed by the
Government and/or any other relevant authorities, and all other incidental
costs including without limitation all transportation, freight, insurance and
packing charges in connection with the Services and/or the Goods.
If required by the Company and as specified in this PO, the Vendor shall
deliver to the Company a performance bond or design guarantee bond
(whichever is applicable) within the period as determined by the Company in
the amount and which shall remain in full force for the guaranteed period and
in accordance with such format, policy and procedure as may be stipulated by
the Company.
9.1 The Company reserves the right to withhold taxes on payment due to the
Vendor if such withholdings are required by law. The payment by the
Company to the relevant government authority of the amount of money
withheld shall relieve the Company from any further obligations to the Vendor
with respect to any amount so withheld.
9.2 In the event the Goods are imported under the Company's customs duty
exemption, the Vendor shall not dispose or otherwise deal in such Goods
including without limitation, any scrap or damaged materials, without the prior
written consent of the Company.
Without prejudice to the Company's other rights in this PO and/or at law, if the
Vendor fails to perform the Services and/or deliver the Goods in accordance
with the performance / implementation schedule or delivery date as stated in
this PO, the Vendor shall pay Liquidated and Ascertained Damages ("LAD")
for each day of delay calculated commencing from the date(s) as stipulated in
the performance/implementation schedule or the delivery date stated in this
PO up to such time that the performance of the Services is completed and/or
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the Goods delivered at the rate stipulated in the appendix herein. Unless
otherwise stated, the parties hereby agree that the LAD shall be at the rate of
zero point two five percent (0.25%) per day of the total value of this PO
provided that the total LAD shall not exceed ten percent (10%) of the total
value of this PO.
11. Indemnity
11.1 The Vendor shall indemnify the Company and hold it harmless against all
claims, proceedings, demands and causes of action brought against the
Company in respect of any (a) breach of this General T&C; (b) damage or
loss arising from a claim that the Company's use of Goods infringes the
intellectual property rights of any third parties including without limitation, the
patent, copyright, trade secret or other proprietary rights of third parties and
(c) damage, loss (due to theft or otherwise), injury, including death, to any
person or property arising out of acts or omissions (whether negligent or
otherwise) of the Vendor, its servants or agents or sub-vendors except if the
injury, death or property damage or loss is caused by the sole negligence of
the Company, and the Vendor shall pay on behalf of the Company, all cost,
damages, legal fees and other reasonable expenses associated with such
actions or claims.
11.2 The Vendor shall be entirely responsible for and shall make good any damage
to, destruction of or loss (due to theft or otherwise) of any property of the
Company or its servants or agents or any other person at the sites caused
directly or indirectly by any act or omission (whether negligent or otherwise) of
the Vendor, his permitted assignee and sub-vendor or any person employed
or appointed by the Vendor. The Vendor's obligation to indemnify and make
good pursuant to this provision shall continue and survive the cancellation or
expiry or termination of this PO.
The Vendor shall comply and ensure compliance by its employees, servants,
agents or sub-vendors with the Company's health and safety procedure and
all applicable laws which include any rules, regulations, ordinances, by-laws
and directions of any government authority and shall indemnify and hold the
Company safe and harmless against all claims, demands, losses, fined and
penalties which in any way resulting from the Vendor's failure to comply with
such applicable laws. This includes securing by the Vendor of all necessary
import permits or licences whenever applicable.
The Vendor shall not offer or give or agree to give or cause to be offered or
given to any person who is the Company's employee, servant or agent, any
gifts or consideration of any kind as an inducement or reward to show favour
in obtaining of or in the execution of this PO which shall be deemed to be a
bribery or corrupt gifts from the Vendor to such person in which event the
Company is entitled to immediately terminate this PO without incurring any
liability to the Vendor and without prejudice to the Company's other rights and
34
remedies. If at any time from the acceptance of the tender, the Vendor shall
have committed an act for which he is subsequently arrested or charged for
an offence under the Malaysian Anti-Corruption Commission Act 2009 ("the
Act"), or of dishonesty or an offence of like nature under any law for the time
being in force, the Company may immediately terminate this PO. Any act or
attempt to corruptly offer or give, solicit or receive any gratification to and from
any person in connection with this procurement is a criminal offence under the
Act.
The Vendor shall be responsible for all acts of its employees, servants, agents
and/or sub-vendors performing the Services and/or delivery of the Goods
pursuant to this PO.
15. Safety
15.1 In compliance with Section 15 of the Occupational Safety & Health Act 1994
and in accordance with the Company's Health and Safety Policy ("the Policy
"), the Vendor agrees that the Vendor shall use its very best endeavours to
ensure that the Policy is strictly enforced and adhered to. In the event that the
Vendor employs any agent or sub-vendor, the Vendor shall ensure that the
Policy is being strictly adhered to by the agent and/or sub-vendor. The
Company shall have the right to prevent the Vendor or his agent or sub-
vendor from entering into the Site or to take any other reasonable action if
there has been any non-adherence to the Policy.
15.2 The Vendor shall further ensure that all the employees and workers of the
Vendor and its sub-vendor who are engaged in the performance of the
Services and/or delivery of the Goods shall have valid safety card issued by
the Company and shall display the safety card (if applicable) at all times when
working at the Site(s) and/or the Company's office(s).
All items in any medium prepared or originated for the Vendor or by the
Vendor for the Company at the Company's request in connection with the
Services and/or the Goods shall be the exclusive property of the Company.
The Vendor hereby assigns and transfers to the Company by way of present
assignment and transfers all present and future rights, title and interest in and
to such items including without limitation, intellectual property rights. For
avoidance of doubt, the Vendor shall continuously liable and shall fully and
effectively indemnify and keep the Company indemnified from and against all
losses, liabilities, action, claims, demands, charges, expenses, cost (including
but not limited to legal costs on solicitors and client basis) and proceedings for
or on account of infringement of any of intellectual property rights from the
Services and/or the Goods under this PO.
Neither the Vendor nor the Company shall be liable for failure of performance
35
due to contingency beyond its control such as act of God, war, insurrection,
rebellion, act of sabotage by an extremist or public enemy ("Event of Force
Majeure"). If the performance of the Services and/or delivery of the Goods are
to be delayed by Event of Force Majeure, the Vendor shall immediately notify
the Company in writing and the Company may either: (a) extend time for
performance and/or delivery in writing or (b) terminate all or part of the
uncompleted portion of this PO at no cost to the Company. Financial distress
is not an Event of Force Majeure.
18. Confidentiality
18.1 The Vendor shall not (directly or indirectly) disclose, divulge, reveal, copy,
report, publish, circulate, use, sell, transfer, deal in or otherwise appropriate or
exploit any information (whether or not any such information has been marked
or designated as being confidential or otherwise by the Company)
communicated or made available to the Vendor or discovered by it in the
course of performing this PO or use the same for any purpose other than to
perform this PO without the prior written consent of the Company.
18.2 The Vendor shall limit the disclosure of such information stated in Clause 18.1
above to its employees and agents on a specific need to know basis and the
Vendor shall ensure that such employees and agents are bound by the same
undertaking.
18.3 The Vendor shall not disclose or divulge to any third party any information,
document or any part thereof:-
(b) regarding the nature and progress of the Supply and/or Services,
18.4 All documents provided by the Company and any copies made thereof must
be returned to the Company upon termination or expiration of this PO
pursuant thereto.
18.5 The Vendor shall be liable for the care of all information and document
prepared by the Vendor or entrusted to it by the Company until handed over
or returned by the Vendor to the Company.
18.6 The provisions of this Clause 18 shall survive the termination or expiration of
this PO whether by completion of the Supply and/or the Services or otherwise
and shall at all times be enforceable at law and in equity and shall inure for
the benefit and be enforceable by the Company and the Company's
successors-in-title and permitted assigns and shall be binding upon the
Vendor and its successors-in-title and permitted assigns.
Each party shall comply at all times with the relevant laws relating to
processing and protection of personal data, including without limitation, the
36
Personal Data Protection Act 2010 and to not perform its obligations under
this PO in such a way as to cause the other party to breach any of its
applicable obligations under such relevant laws.
20. Termination
20.1 The Company may terminate this PO forthwith by written notice either in
whole or in part without any liability if: -
(a) The Vendor breaches any of the terms and conditions of this PO and/or
fails to perform any of its obligations stated in this PO; or
(b) The Vendor defaults or breaches any other contracts that the Vendor may
have with the Company; or
(c) The Vendor goes into liquidation or have a receiving order being made
against him or compound with his creditors or being a corporation has a
winding up petition (other than a voluntary winding up petition for purpose
of amalgamation or reconstruction) presented against it or carry on
business under a receiver for the benefit of all or any of its creditors.
20.2 The Company may terminate this PO either in whole or in part, for its
convenience without assigning any reason upon giving prior written notice of
fourteen (14) days to the Vendor. In such event the Vendor and the Company
shall in good faith and upon commercially reasonable basis mutually agree on
the quantum of termination charges (if any) and where prior cancellation
charges have been agreed, such agreed charges shall apply PROVIDED
THAT such cancellation charges shall only be the actual costs and expense
incurred by the Vendor up to the date of termination which shall in no event
exceed the total price of this PO up to the date of termination and PROVIDED
THAT the Vendor submits a claim for such charges to the Company within
fourteen (14) days of receipt of the termination notice. The Company shall
have no other liability arising out of the termination and shall be entitled to
receive all Services and/or Supply in progress or completed as at the date of
termination of this PO.
20.3 Upon the termination of this PO, for any reason whatsoever, the parties'
obligations pursuant to this PO, unless otherwise expressly stipulated, shall
come to an end and the Vendor shall:-
(b) terminate any sub-contracts entered into in relation to this PO; and
(c) perform all Services and/or deliver all Goods in progress or completed as
at the date of termination.
20.4 The Company shall not be liable to the Vendor for any loss, damages, cost
and/or claims including but not limited to the loss of income or profit arising
out of such termination, except for any antecedent breach of this PO.
37
5, 6, 8, 11, 12, 13, 16, 18, 19, 20, 21, 25, 28 and 32 (where applicable) shall
remain binding on parties.
The following order of precedence shall apply in the event of any conflict in
the documents comprising this PO (a) written instructions or specified terms
stated by the Company in this PO based on consideration on a case-by-case
basis (if any); (b) attachments attached to this PO and (c) this General T&C.
In the event any conflict in any of the documents comprised in this PO, the
Vendor shall immediately consult C.A. for a resolution before proceeding with
the works. The decision of C.A. shall be final and binding.
Any changes to this PO, including but not limited to any variation to the
quantity / types of order and performance / delivery date shall be made via the
issuance of a revised PO or a new PO duly approved and/or signed by the
authorised representative of the Company, which shall supersede and cancel
the preceding PO. None of the provision provided in the General T&C may be
modified except by written instrument signed by an authorized representative
of each party against which such modifications are sought to be enforced.
Each performance of the Services and/or delivery of the Goods received by
the Company from the Vendor shall be deemed to be made pursuant to this
General T&C without any amendment, variation or modification in whatsoever
format or medium. Notwithstanding the above, the Company reserves the
right to amend, modify, alter and/or vary the General T&C at any time without
further reference to the Vendor.
23. Insurance
Without prejudice to the Vendor's indemnity set forth above, the Vendor shall
affect or cause to be affected contractors' all risks insurance policy ("CAR
Policy") and/or such comprehensive general liability and property damage
insurance to cover the Services and/or the Supply to be carried out pursuant
to this PO issued and shall be adequate to protect the Company from said
risks and claims. The Company shall be included as an insured party under
the CAR Policy. It is expressly hereby agreed that the responsibility and
liability for any loss and damage to the Vendor's property shall remain solely
with the Vendor.
38
matters relating to payment of its employees, servants, agents and/or sub-
vendors including, without limitation, compliance with workmen's
compensation, personal accident insurance, personal income tax, dues or
levies and work permits. The Vendor shall indemnify and hold the Company
harmless from any causes of action arising out of the Vendor's liability to its
employees, servants, agents and/or sub-vendors.
The Vendor shall maintain complete and accurate records of all charges
incurred by the Company under this PO, in accordance with generally
accepted accounting principles, for a period of seven (7) years from the date
of receipt of payment. The Company shall have the right to inspect the
Vendor's records upon reasonable notice and to retain copies thereof.
If more than one party is referred to in this PO as the Vendor, their obligation
shall be joint and several.
27.1 The Vendor shall not assign, novate, sub-contract, transfer and/or delegate
The Vendor's obligation under this PO without the prior written consent of the
Company.
27.2 Notwithstanding anything to the contrary, in the event that the Vendor wishes
to assign and/or novate any right to receive from or make payment to the
Company, the Vendor shall obtain prior written consent from C.A. Such
consents, if given, shall not relieve the Vendor from the Vendor's obligations
and liabilities under this PO and it shall be responsible for the due observance
by such permitted assignee(s), of this General T&C. The Vendor shall also be
responsible for the acts, defaults or neglects of any permitted assignee(s),
agents, servants or workmen.
28.1 The DLP for the Services (if applicable) shall be the period as set out in this
PO starting from the date as specified in the Certificate of Practical
Completion ("CPC"). The Vendor shall make good all defects, which may
appear during the DLP to the satisfaction of the Company and a final joint
inspection shall be carried out prior to the expiry of DLP. Once the defect
works are all rectified to the Company's satisfaction, a Certificate of
Completion of Making Good Defect ("CMGD") shall be issued to the Vendor.
28.2 In the event the Vendor shall fail to comply with the Company's written
demand to make good the defects, the Company may appoint a third party to
make good the defects whereby the costs incurred shall borne by the Vendor
or be deducted from either the remaining sum of this PO to be paid to the
Vendor or the performance bond held by the Company (if any). If the cost
incurred exceeds the amount of the remaining PO's sum to be deducted or
39
exceeds the amount that can be claimed under the performance bond, the
remaining balance or shortage of such cost shall be paid by the Vendor within
fourteen (14) days upon demand from the Company, failing which, the
Company shall have the right to commence legal proceedings against the
Vendor for recovery of the same without further reference to the Vendor, in
which event the Vendor shall be liable for all legal costs and expenses
incurred thereby.
The Vendor is deemed to have inspected and examined the Site and its
surroundings and to have obtained all necessary information before
submitting tender and prior to issuance of this PO.
31. Labour
33. Non-Waiver
Any delay or failure by the Company in enforcing any right provided for by this
PO shall not be deemed a waiver by the Company of such rights hereunder.
No rights, remedies or warranties available to the Company under this PO or
by operation of law are waived or modified unless expressly waived or
modified by the Company in writing.
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34. Severability
35. Notices
The Vendor shall employ only Malaysian citizens as workmen unless the
Vendor has obtained approval from the Ministry of Human Resources to
employ non-Malaysian citizens ("Foreign Workers"). The Vendor shall
ensure that valid working permit and all laws of Malaysia in connection to the
Foreign Workers have been complied with before and during the performance
of this PO. The Vendor shall not employ any person who is not lawfully
employable under the applicable labour and immigration laws and regulations
of Malaysia in connection with the performance of the Services and/or delivery
of the Supply. Any violation due to employing illegal foreign workers by the
Vendor in the performance of this PO shall amount to breach of this PO and
will result in immediate termination.
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40. Entire Agreement
This PO constitutes the entire agreement between the Vendor and the
Company and supersedes all prior oral and/or written communications
between the parties with respect of Deliverables.
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