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(SETIA FONTAINES – SOFT LANDSCAPE WORKS AT CLUBHOUSE OF NUSACINTA

PRECINCT 6)

PROPOSED SOFTSCAPE WORKS AT CLUBHOUSE OF NUSACINTA PRECINCT 6 ON PART OF


LOTS 1557, 1826, 1829, 2457 & 2466, MUKIM 6, DAERAH SEBERANG PERAI UTARA PULAU
PINANG
FOR MESSRS. SETIA FONTAINES SDN. BHD.

INSTRUCTION TO TENDERERS

1) GENERAL

1.1 These Instructions to Tenderers in so far as they may affect the execution of the Contract
shall be deemed to form part of the Contract.

1.2 The whole of the Works set forth in the Tender Documents will be let on Contract, subject
to the Conditions of Contract.

1.3 Tenderers are to submit a Fixed Price Tender which shall not be subjected to fluctuation in
the cost of material, labour and currency. Piling works, if any, shall be priced based on
Provisional Bills of Quantities subject to final measurement at site.

1.4 The Conditions of Contract adopted for the Works will be the “Agreement and Conditions
of PAM Contract 2018 (With Quantities)” issued under the sanction of Pertubuhan Akitek
Malaysia, read and interpreted with amendments.

1.5 The Tenderer is to organise/arrange his work such that it is completed on or before the
Completion Date, and his attention is drawn to the amount which will be applied as
Liquidated Damages for late completion, subject nevertheless to the provision of Clause
21.0 "Date Of Commencement, Postponement and Date For Completion" and Clause 23.0
"Extension of Time" of the Conditions of Contract.

1.6 Tenderer shall ensure that the work, finishes and products for the project shall be the best,
executed by experienced and skilled workers in their respective duties for which they are
being employed. Decisions as to the quality of materials and workmanship in cases of
disputes shall rest solely with the Consultant. You shall also comply fully with all the
requirements of the ISO 9000 procedures and standards of the Employer stated herein.
Should you fail to comply to this, the Employer reserves the right to arrange for making
good all works not in compliance to the required quality standards and the cost of all such
remedial works shall be borne by you and shall be deducted from any sum due or to
become due to you (i.e monthly progress payment).

1.7 The Tenderer shall make due allowance for sharing the site with other contractors and that
the tenderer will permit them to work within the same site as and when directed by the
Architect/Employer/Superintending Officer (herein after referred to as the S.O.). This
allowance, which is deemed to be included in the Tender sum, shall be reflected in the
work programme as and when requested.

1.8 The Tenderer will be deemed to have carefully examined the Tender Documents, and he is
to inform the Architect/S.O. of any alleged discrepancy and/or ambiguity before
submission of Tenders, as no claims deriving there from will be entertained, after such
submission.

ITT-PAM2018(Ver09_Apr2022) Page 1/14


(SETIA FONTAINES – SOFT LANDSCAPE WORKS AT CLUBHOUSE OF NUSACINTA
PRECINCT 6)

PROPOSED SOFTSCAPE WORKS AT CLUBHOUSE OF NUSACINTA PRECINCT 6 ON PART OF


LOTS 1557, 1826, 1829, 2457 & 2466, MUKIM 6, DAERAH SEBERANG PERAI UTARA PULAU
PINANG
FOR MESSRS. SETIA FONTAINES SDN. BHD.

INSTRUCTION TO TENDERERS (CONT’D)

1) GENERAL (Cont’d)

1.9 The Tenderer will be deemed to have examined and visited the Site and shall take over the
site as it is and shall be responsible to employ and use proper techniques and equipment in
carrying out the Contract so as to complete the whole of the Contract on / before the
Completion Date. The Tenderer is to study the documents contained here in conjunction
with that visit and no claims arising from alleged lack of knowledge would be considered.
The Contractor's attention is drawn to the extent of storage area available within the Site,
and to possible restrictions of access that the Authorities may enforce.

1.10 The Tenderer is advised to read the Specifications and attached Schedules carefully before
submitting his tender.

1.11 In the event of any alleged inconsistency between the drawings, the large-scale drawings
will take precedence over small-scale drawings.

1.12 Quantities which are measured “Provisional” are subject to remeasurement upon
completion.

1.13 2-Bid Tendering System


The Tender Document shall be properly filled in black ink, signed and sealed in Two (2)
separate envelopes and marked with: -

“PRIVATE AND CONFIDENTIAL”

(VOLUME 1 OF 2 – TECHNICAL BID)

(SETIA FONTAINES – SOFT LANDSCAPE WORKS AT CLUBHOUSE OF


NUSACINTA PRECINCT 6)

PROPOSED SOFTSCAPE WORKS AT CLUBHOUSE OF NUSACINTA PRECINCT 6


ON PART OF LOTS 1557, 1826, 1829, 2457 & 2466, MUKIM 6, DAERAH SEBERANG
PERAI UTARA PULAU PINANG
FOR MESSRS. SETIA FONTAINES SDN. BHD.

And

ITT-PAM2018(Ver09_Apr2022) Page 2/14


(SETIA FONTAINES – SOFT LANDSCAPE WORKS AT CLUBHOUSE OF NUSACINTA
PRECINCT 6)

PROPOSED SOFTSCAPE WORKS AT CLUBHOUSE OF NUSACINTA PRECINCT 6 ON PART OF


LOTS 1557, 1826, 1829, 2457 & 2466, MUKIM 6, DAERAH SEBERANG PERAI UTARA PULAU
PINANG
FOR MESSRS. SETIA FONTAINES SDN. BHD.

INSTRUCTION TO TENDERERS (CONT’D)

1) GENERAL (Cont’d)

“PRIVATE AND CONFIDENTIAL”

(VOLUME 2 OF 2 – COMMERCIAL BID)

(SETIA FONTAINES – SOFT LANDSCAPE WORKS AT CLUBHOUSE OF


NUSACINTA PRECINCT 6)

PROPOSED SOFTSCAPE WORKS AT CLUBHOUSE OF NUSACINTA PRECINCT 6


ON PART OF LOTS 1557, 1826, 1829, 2457 & 2466, MUKIM 6, DAERAH SEBERANG
PERAI UTARA PULAU PINANG
FOR MESSRS. SETIA FONTAINES SDN. BHD.

Addressed to:

GROUP CONTRACTS DIVISION – SETIA FONTAINES SDN BHD


S P SETIA BHD CORPORATE HQ
LEVEL 5, NO. 12, PERSIARAN SETIA DAGANG,
SETIA ALAM, SEKSYEN U13,
40170 SHAH ALAM,
SELANGOR DARUL EHSAN.
(ATTN: THE GENERAL MANAGER)

To reach them not later than 12.00 noon on the date stipulated in the Letter of Invitation to
Tenderer and/or Tender Notice.

Tenderer shall note that this 2-Bid Tendering System shall operate as follows:-

(a) The Technical Bid shall be opened initially and will be evaluated for compliance
with the Tender requirements, and;

(b) The Commercial Bid will subsequently be opened for commercial evaluation only
upon full compliance of the submitted Technical Bid mentioned above.

ITT-PAM2018(Ver09_Apr2022) Page 3/14


(SETIA FONTAINES – SOFT LANDSCAPE WORKS AT CLUBHOUSE OF NUSACINTA
PRECINCT 6)

PROPOSED SOFTSCAPE WORKS AT CLUBHOUSE OF NUSACINTA PRECINCT 6 ON PART OF


LOTS 1557, 1826, 1829, 2457 & 2466, MUKIM 6, DAERAH SEBERANG PERAI UTARA PULAU
PINANG
FOR MESSRS. SETIA FONTAINES SDN. BHD.

INSTRUCTION TO TENDERERS (CONT’D)

1) GENERAL (Cont’d)

1.14 Tenderers shall fill in the Form of Tender and Final Summary inside the Tender Document
(Volume 2 of 2 – Commercial) in ink and shall sign and date the Documents in the spaces
provided for the purpose.

1.15 The Form of Tender and the documents attached to it shall not be detached one from the
other and alteration or mutilation (other than filling in all blank spaces) shall not be made
in any of the documents attached hereto.

1.16 The Tenderer (whether or not he submits a tender) shall treat the details of the documents
as private and confidential.

1.17 The tender submitted by any tenderer who has not conformed to the foregoing instructions
may not be considered.

1.18 S P Setia Berhad or its subsidiaries shall not be responsible or pay for expenses or losses
which may be incurred by the tenderer in connection with visits to and examination of the
site and in the preparation of this tender.

1.19 S P Setia Berhad or its subsidiaries do not bind themselves to accept the lowest or any
tender and no reason will be given for rejecting any tender.

1.20 S P Setia Berhad or its subsidiaries reserves the right to award the tender in whole or in
part. The Tenderer is to allow in their tender that he may be the main contractor where part
of the tendered works is nominated to other nominated sub-contractor and/or direct
contractors, and he shall coordinate and work closely with these other contractors.

ITT-PAM2018(Ver09_Apr2022) Page 4/14


(SETIA FONTAINES – SOFT LANDSCAPE WORKS AT CLUBHOUSE OF NUSACINTA
PRECINCT 6)

PROPOSED SOFTSCAPE WORKS AT CLUBHOUSE OF NUSACINTA PRECINCT 6 ON PART OF


LOTS 1557, 1826, 1829, 2457 & 2466, MUKIM 6, DAERAH SEBERANG PERAI UTARA PULAU
PINANG
FOR MESSRS. SETIA FONTAINES SDN. BHD.

INSTRUCTION TO TENDERERS (CONT’D)

2) TENDER TABLE DOCUMENTS

2.1 It will be the sole responsibility of the Tenderer to scrutinise and satisfy himself that the
Tender Documents supplied to him are exact copies of those included in the Tender Table
Documents. In the event of any discrepancy being found between such copies supplied to
the Tenderer and those included in the Tender Table Documents, it will be the sole
responsibility of the tenderer to apply to the officer receiving the tenders to have such
discrepancy rectified before the final date for submission of tenders stipulated in the Letter
of Invitation to Tenderer and/or Tender Notice.

2.2 Should any Tender Document supplied to any Tenderer obviously fail to contain a page(s)
or the page(s) be obviously erroneously inserted, it will again be the sole responsibility of
the Tenderer to apply to the officer receiving the Tenders to have such discrepancy
rectified as aforesaid.

3) OBSCURITY OF MEANING

3.1 Should there be any doubt or obscurity on the part of any Tenderer as to the meaning of
interpretation of any of the Tender Documents, or as to anything to be done; or not to be
done by the accepted Tenderer, or as to any other matter or thing, the Tenderer is to
submit notice of such doubt or obscurity, in writing, to the Architect/Superintending
Officer (herein after referred to as the S.O.), at a reasonable time before the final date for
submission of Tenders stipulated on the Letter of Invitation to Tenderer and/or Tender
Notice.

3.2 Any reply that the Architect/S.O. may make to this submission will be by means of a
Tender Addendum, which will be sent to each tenderer. Such Tender Addenda will
become part of the Contract Documents, and tenders subsequently received will be
deemed to have been based on these explanations, modifications and extensions.

4) FAILURE TO COMMUNICATE NOTICE OF DISCREPANCY, OBSCURITY OF


MEANING

4.1 Should any Tenderer fail to communicate notice of discrepancy, obscurity of meaning etc.,
as aforesaid, the Employer will reserve the right to accept the said Tender without
alteration to its Tender Amount.

ITT-PAM2018(Ver09_Apr2022) Page 5/14


(SETIA FONTAINES – SOFT LANDSCAPE WORKS AT CLUBHOUSE OF NUSACINTA
PRECINCT 6)

PROPOSED SOFTSCAPE WORKS AT CLUBHOUSE OF NUSACINTA PRECINCT 6 ON PART OF


LOTS 1557, 1826, 1829, 2457 & 2466, MUKIM 6, DAERAH SEBERANG PERAI UTARA PULAU
PINANG
FOR MESSRS. SETIA FONTAINES SDN. BHD.

INSTRUCTION TO TENDERERS (CONT’D)

5) ORAL INTERPRETATION

5.1 Oral interpretation of any of the Tender Documents requested and received by any
Tenderer shall not be considered to modify any of the provisions of the Tender
Documents. Any clarification or modification to any of the Tender Documents shall be
made in writing by the Architect/S.O. in the form of Addendum.

6) METHOD OF BILLING

6.1 The Summary of Tender / Bills of Quantities / Schedule of Rates sections contain clauses
and items numbered in sequence on each page. All references to items are made in the
order Bill No., Page No., Item No., e.g. 3/9/A.

6.2 Wherever the term "ditto" appears in the Summary of Tender / Bills of Quantities /
Schedule of Rates, the item concerned will be interpreted in context, and the term may
refer to a single word or phrase.

7) UNITS OF MEASUREMENT

7.1 The units of measurements are generally according to Metric Measurements. The
following is a key to abbreviations employed:

Metre Cube - m3
Metre Superficial - m2
Metre Linear - m
Number - No.
Kilogramme - Kg.

B.S. - British Standard Specification as issued by British Standard


Institution, British Standard House, London (the latest edition).
C.P. - British Standard Code of Practice as issued by the Council for
those Codes of practice in Great Britain (the latest amendment).
P.C. Sum - Prime Cost Sum

7.2 In the giving of dimensions, the order is consistent, and generally in the sequence of
length, width and height.

7.3 In the Quantity column of the Bills of Quantities, fractions shall be regarded as a whole
unit.

ITT-PAM2018(Ver09_Apr2022) Page 6/14


(SETIA FONTAINES – SOFT LANDSCAPE WORKS AT CLUBHOUSE OF NUSACINTA
PRECINCT 6)

PROPOSED SOFTSCAPE WORKS AT CLUBHOUSE OF NUSACINTA PRECINCT 6 ON PART OF


LOTS 1557, 1826, 1829, 2457 & 2466, MUKIM 6, DAERAH SEBERANG PERAI UTARA PULAU
PINANG
FOR MESSRS. SETIA FONTAINES SDN. BHD.

INSTRUCTION TO TENDERERS (CONT’D)

8) PRICING OF SUMMARY OF TENDER AND BILLS OF QUANTITIES

8.1 A Tenderer must not make any alteration to the Summary of Tender/Bills of
Quantities/Schedule of Rates, either to description or quantity or any other part. The text
shall be rigidly adhered to, and items or clauses to be priced as described. If he makes any
alteration, addition or note, such alterations, addition or note will not be recognised and
the text in the Tender Documents originally prepared will be strictly adhered to.

8.2 Each item is to be priced, individually and bulk prices for section, trade and entire
summaries will not be accepted. A Tenderer may however insert INC. (included) in the
cash columns where it is include with other items for items of: -
a) minor nature and/or
b) general clauses (the value which can be included in the cost of several individual
items).

8.3 Where a Tenderer does not price an item in the Preliminaries and/or Trade Preambles or
inserts a dash against any item in the Summary of Tender / Bills of Quantities, the value
thereof will be deemed to be included in the rates contained in the Summary of Tender /
Bills of Quantities.

8.4 Descriptions generally are abbreviated and the tenderer must refer to the Specification for
the full requirements of the contract.

8.5 The unit rates inserted in the Summary of Tender / Bills of Quantities / Schedule of Rates
will constitute rates for all Variations arising from Architect/S.O.'s Instruction. Should
there be any addition, omission or substitution of any work to which the unit rates cannot
be fairly applied, this work will then be measured and valued in accordance with the
Conditions of Contract.

8.6 Tenderers are to exercise care in pricing items of similar descriptions throughout the
Summary of Tender / Bills of Quantities. In pricing Variations of addition in value to the
Contract Sum arising from Architect/S.O.'s Instructions, the lowest rate of any individual
item will be applied, conversely in pricing Variations of omission in value to the Contract
Sum arising from Architect/S.O.'s Instructions, the highest rate for any individual item
will be applied, where unit rates vary from Element to Element or from section to section.

8.7 The amount appearing as the total of the Final Summary and marked "Carried to Form of
Tender" is to be transferred to the Form of Tender without any alteration or rounding off.

8.8 The application of percentage adjustments by Tenderers to any section of the Summary of
Tender / Bills of Quantities is not encouraged, but where a Tenderer does insert such
percentage adjustments, the said percentages will also apply to Variations arising from
Architect/S.O.'s Instructions, remeasurement of Provisional items, items included in the
Summary of Tender as "Star Rate", and items in Addenda.
ITT-PAM2018(Ver09_Apr2022) Page 7/14
(SETIA FONTAINES – SOFT LANDSCAPE WORKS AT CLUBHOUSE OF NUSACINTA
PRECINCT 6)

PROPOSED SOFTSCAPE WORKS AT CLUBHOUSE OF NUSACINTA PRECINCT 6 ON PART OF


LOTS 1557, 1826, 1829, 2457 & 2466, MUKIM 6, DAERAH SEBERANG PERAI UTARA PULAU
PINANG
FOR MESSRS. SETIA FONTAINES SDN. BHD.

INSTRUCTION TO TENDERERS (CONT’D)

8) PRICING OF SUMMARY OF TENDER AND BILLS OF QUANTITIES (Cont’d)

8.9 Where "Lump Sum" adjustments are made, such sums will be converted to a percentage
adjustment and the foregoing practice followed.

8.10 Wherever the term "Allow" occurs in the Summary of Tender / Bills of Quantities, the
cost of such items will be at the Tenderer's risk and no adjustment in relation thereto will
be made at the Final Account, except where such adjustment is expressly provided for in
the Conditions of Contract. In the absence of any price against such items, the price will
be deemed to be included in the rates contained in other items in the Summary of Tender /
Bills of Quantities / Schedule of Rates.

8.11 Circular work involving extra labour is given separately, the terms "to circle", "circled" or
"curved", will be deemed to include any form of curve.

9) SUBMISSION OF TENDERS

9.1 Documents provided

Tenderers are provided with the following documents: -

(i) CD/Pendrive consists of the following document in softcopy:


 Tender Document (Volume 1 of 2 – Technical Bid) comprising
Instruction to Tenderers, Form of Contract to be used with Amendments,
Specification with Preambles, Appendices, and etc.,
 Tender Document (Volume 2 of 2 – Commercial Bid) comprising the
Summary of Tender / Bills of Quantities / Schedule of Rates (in excel),
and
 Tender drawings
(ii) One hardcopy of Tender Document (Volume 2 of 2 – Commercial Bid)
comprising Form of Tender, Schedule of Daywork Rates, Summary of Tender /
Bills of Quantities / Schedule of Rates, Final Summary and etc.
9.2 Documents to be signed
The following documents are to be signed, before submission: -
(i) This Instruction to Tenderers
(ii) Form of Tender,
(iii) Amendments and Amplification to the Agreement and Conditions of PAM
Contract 2018 (With Quantities)” with Appendix
(iv) Final Summary.

ITT-PAM2018(Ver09_Apr2022) Page 8/14


(SETIA FONTAINES – SOFT LANDSCAPE WORKS AT CLUBHOUSE OF NUSACINTA
PRECINCT 6)

PROPOSED SOFTSCAPE WORKS AT CLUBHOUSE OF NUSACINTA PRECINCT 6 ON PART OF


LOTS 1557, 1826, 1829, 2457 & 2466, MUKIM 6, DAERAH SEBERANG PERAI UTARA PULAU
PINANG
FOR MESSRS. SETIA FONTAINES SDN. BHD.

INSTRUCTION TO TENDERERS (CONT’D)


9) SUBMISSION OF TENDERS (Cont’d)

9.3 Documents to be submitted

(i) Technical Bid


 Earnest Money (In the form of Bank Guarantee or Banker’s Cheque)
 Alternative Design/Proposal (if any)
 Other technical document required by Consultants (eg. drawings, engineering
calculations, catalogues, work programme, site organisation, method
statement, and etc.)

(ii) Commercial Bid


 Tender Document (Volume 2 of 2 – Commercial Bid) comprising of Form of
Tender, Schedule of Daywork Rates, Summary of Tender / Bills of
Quantities, Final Summary, and etc.
 CD / Pendrive consists of the priced Summary of Tender / Bills of
Quantities / Schedule of Rates (in softcopy)

9.4 Tendering procedures

(i) In the case of a Tender not being delivered by hand, the Tenderer must ensure that
the documents be returned by post in time to reach the place at or before the date
and time stipulated in the Letter of Invitation to Tenderer and/or Tender Notice.

(ii) Any Tender delivered after the stipulated date and time, from whatever cause
arising will be treated as late tender submission and shall be disqualified.

(iii) Tenders shall remain valid for the period stipulated in the Form of Tender and/or
Letter of Invitation to Tenderer and/or Tender Notice from the final date for
submission of tenders stipulated either in the Letter of Invitation to Tenderer,
Tender Notice or Letter of Tender/Post Tender Addendum, whichever later. No
Tenderer shall withdraw his tender within the aforesaid period.

(iv) The accepted approved Tenderer (if any) will be notified of such acceptance by
letter within the tender validity period stipulated in the Form of Tender and/or
Letter of Invitation to tenderer and/or Tender notice from the final date for
submission of tenders stipulated during which the Tender is to remain valid and
the said Tenderer will within the time stated in the Letter of Award first execute
the contract and then he will forthwith deposit with the Architect/S.O. the
Performance Bond, Directors Guarantee and the necessary insurance policies, the
receipts for premiums paid, all as referred to in the Conditions of Contract. The
period for executing the Contract may be extended, if the officer receiving the
Tenders is satisfied that adequate reasons for so doing.

ITT-PAM2018(Ver09_Apr2022) Page 9/14


(SETIA FONTAINES – SOFT LANDSCAPE WORKS AT CLUBHOUSE OF NUSACINTA
PRECINCT 6)

PROPOSED SOFTSCAPE WORKS AT CLUBHOUSE OF NUSACINTA PRECINCT 6 ON PART OF


LOTS 1557, 1826, 1829, 2457 & 2466, MUKIM 6, DAERAH SEBERANG PERAI UTARA PULAU
PINANG
FOR MESSRS. SETIA FONTAINES SDN. BHD.

INSTRUCTION TO TENDERERS (CONT’D)


9) SUBMISSION OF TENDERS (Cont’d)

(v) Every notice to be given to a Tenderer will be posted to the Tenderer's address
given in the Form of Tender and such posting will be deemed good service of
such notice.

(vi) The words "approved Tenderer" will mean that the Tenderer is approved by the
officer receiving the Tenders and will be held to have complied with these
Instructions to Tenderers in every respect.

(vii) Non-compliance with the above Conditions in any respect will render the Tender
liable to rejection and the forfeiture of the Earnest Money.

(viii) The Employer reserves the right not to accept the lowest or any Tender and in no
case will any expenses incurred in the preparation of the Tender be reimbursed.

(ix) The Employer reserves the right not to award all the phase / parcel and to decide
on the award for each phase / parcel separately.

10) EXTENSION OF TENDER VALIDITY PERIOD

10.1 The Employer reserved the right to extend the Tender Validity Period of deem necessary
provided always that such extension of the Tender Validity Period shall have the written
agreement by the Tenderer.

11) EARNEST MONEY

11.1 The Tenderer is required to furnish a sum of Ringgit Malaysia: Five Thousand Only
(RM5,000.00) in an approved form as per Appendix E - Bank Guarantee Form
(Earnest Money) or Bank Draft,made payable to the Employer and shall be endorsed to
remain valid, creditable and shall not be withdrawn within Sixty (60) Days beyond the
One Hundred and Twenty (120) Days from the final date fixed for the submission of
tenders (i.e. the tender validity period), failing which the Tender shall be null and void. No
cash or personal/company cheques shall be accepted.

11.2 The Earnest Money shall be submitted together with the “Technical” Bid.

11.3 The Earnest Money will be forfeited to the Employer without prejudice to any other rights
which the Employer may possess, in the event the Tenderer, within the period stated in the
Form of Tender for which the tender will remain open, withdraws his tender or after the
final date of the submission of tender, imposes additional terms, conditions or stipulations,
or refuses to execute the formal Contract.

ITT-PAM2018(Ver09_Apr2022) Page 10/14


(SETIA FONTAINES – SOFT LANDSCAPE WORKS AT CLUBHOUSE OF NUSACINTA
PRECINCT 6)

PROPOSED SOFTSCAPE WORKS AT CLUBHOUSE OF NUSACINTA PRECINCT 6 ON PART OF


LOTS 1557, 1826, 1829, 2457 & 2466, MUKIM 6, DAERAH SEBERANG PERAI UTARA PULAU
PINANG
FOR MESSRS. SETIA FONTAINES SDN. BHD.

INSTRUCTION TO TENDERERS (CONT’D)

11.4 The Earnest Money of all unsuccessful Tenderers shall be refunded in full upon the award
of the Tender and as for the successful Tenderer, the Earnest Money shall be refunded
upon producing the Performance Bond.

12) EXAMINATION OF BREAKDOWN OF LUMP SUM TENDERS

12.1 The priced Summary of Tender / Bills of Quantities / Schedule of Rates of any Tenderer
whose Tender is being considered for acceptance will be checked for mathematical errors
in extensions etc., and the rates will be rationalised before any Tender is accepted.

12.2 Adverse report might affect the Employer's decision in awarding the Contract. Tenderers
are to ensure that all extensions and castings are efficiently checked and that items are
priced accordingly.

13) RATIONALISATION AND MATHEMATICAL ERRORS

13.1 Prices and rates in the Tender Documents as submitted by the Tenderer shall be subject to
the agreement of the Architect/S.O. as to their reasonableness and consistency and shall
before the signing of this Contract be adjusted as the Architect/S.O. may reasonably
require.

13.2 Any adjustment of the prices and/or rates required under paragraph above and any
arithmetical error or omission shall before the signing of this Contract be so rectified and
adjusted.

14) STAR RATES

14.1 Contract unit rates that are similar to the Variation work items will be used in negotiations
to determine the Star Rate (i.e. based on pro-rata and/or unit rates breakdown).

14.2 It will only be applicable if the Architect/S.O can be convinced that Contract rates are not
applicable (in whole or in part). Thus, Contractor must demonstrate to the Architect/S.O.
the inapplicability of Contract rates. This might be justified where the works are of
different size, quantity, nature and/or scope as stated in the Contract.

14.3 The Star Rates will be indicated as “*”.

ITT-PAM2018(Ver09_Apr2022) Page 11/14


(SETIA FONTAINES – SOFT LANDSCAPE WORKS AT CLUBHOUSE OF NUSACINTA
PRECINCT 6)

PROPOSED SOFTSCAPE WORKS AT CLUBHOUSE OF NUSACINTA PRECINCT 6 ON PART OF


LOTS 1557, 1826, 1829, 2457 & 2466, MUKIM 6, DAERAH SEBERANG PERAI UTARA PULAU
PINANG
FOR MESSRS. SETIA FONTAINES SDN. BHD.

INSTRUCTION TO TENDERERS (CONT’D)

15) MOCK UP UNITS (Based on project requirement. Strike-off if not applicable)- do not delete
this clause

15.1 For residential development, the selected Contractor shall be required to construct and
complete XX (x) mock-up units per type (Total X units) on the actual site within X (x)
Months from the Date of Commencement. A penalty of RMxxx per Calendar Day shall be
imposed and be deducted from any sums due or to become due to the Contractor if the
Contractor fails to complete by the stipulated date or any extended date granted by the
Architect/S.O.

15.2 The Architect/S.O. shall select and inform the Contractor on the units to be constructed on
a reasonable time after the Date of Commencement.

15.3 The first selected mock-up unit shall be fully finished to the Architect/S.O. satisfaction.
Finishing shall include and not limited to all tiling works, all fittings, all plastering and
painting, all glazing work, all ironmongery, all services, all flooring works and all external
works specifically instructed by the Architect/S.O.

15.4 The second selected mock-up unit shall not be plastered and tiled and should show the
exposed wiring and plumbing works.

15.5 Both completed mock-up units shall be maintained by the Contractor throughout the
duration of the Contract and shall be handed over to the Employer on the overall
completion of the project with the other units.

16) TENDER/ALTERNATIVE TENDERS

16.1 Tenderer is to submit tender based on Consultant's Design and fixed overall completion
period of Two (2) Months, from the Date of Commencement.

17) CONSULTANT’S CERTIFICATION

17.1 Interim certificate issued by Architect/S.O. shall not be considered as conclusive evidence
as to the sufficiency of any work, equipment, materials or goods to which it relates, nor
shall it relieve the Contractor from his liability to amend and make good all defects,
imperfections, shrinkages, or any other faults whatsoever. In any case, no certificate of
Architect/S.O. shall be final and binding in any dispute between the Employer and the
Contractor if the dispute is brought whether before an arbitrator or in the courts.

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(SETIA FONTAINES – SOFT LANDSCAPE WORKS AT CLUBHOUSE OF NUSACINTA
PRECINCT 6)

PROPOSED SOFTSCAPE WORKS AT CLUBHOUSE OF NUSACINTA PRECINCT 6 ON PART OF


LOTS 1557, 1826, 1829, 2457 & 2466, MUKIM 6, DAERAH SEBERANG PERAI UTARA PULAU
PINANG
FOR MESSRS. SETIA FONTAINES SDN. BHD.

INSTRUCTION TO TENDERERS (CONT’D)

18) DIRECTOR’S INVOLVEMENT

18.1 The directors of your company shall be fully involved during the execution of the
Contract.

19) ARBITRATION

19.1 Any dispute or differences arising out of or in connection with this Contract / Works or
the implementation of any of the provisions of this Contract / Works which cannot be
settled amicably shall be submitted to arbitration and the reference shall be to a single
arbitrator to be jointly appointed by both parties.

19.2 If the parties do not concur in the appointment of the arbitrator, then the arbitrator shall be
appointed by the Director, for the time being, of the Asian International Arbitration Centre
(AIAC) who shall have the like powers to act in the reference as if he had been appointed
by consent of both parties to this Agreement. The decision and award of the arbitrator
shall be final and binding on both parties.

19.3 Save as provided above, the provisions of the Arbitration Act, 2005 of Malaysia or any
statutory modification or re-enactment thereof for the time being in force shall apply to
such arbitration.

20) LETTER OF AWARD

20.1 The Tenderer will be informed of the acceptance of his/their tender, or tender adjusted by
agreement, by the issue of a formal Letter of Award which may contain reference to any
bilateral agreements between the parties to the Contract in respect of the Tender
Documents which may have taken place subsequent to Tendering.

20.2 The Letter of Award and subsequent correspondence in connection therewith will be
included in folio of documents pertaining to the Contract.

ITT-PAM2018(Ver09_Apr2022) Page 13/14


(SETIA FONTAINES – SOFT LANDSCAPE WORKS AT CLUBHOUSE OF NUSACINTA
PRECINCT 6)

PROPOSED SOFTSCAPE WORKS AT CLUBHOUSE OF NUSACINTA PRECINCT 6 ON PART OF


LOTS 1557, 1826, 1829, 2457 & 2466, MUKIM 6, DAERAH SEBERANG PERAI UTARA PULAU
PINANG
FOR MESSRS. SETIA FONTAINES SDN. BHD.

INSTRUCTION TO TENDERERS (CONT’D)

We hereby declare that we have read and shall comply with the requirements mentioned in this Instruction
to Tenderers.

Signature of Signature of
Tenderer ………………………… Witness …………………………

Name of Authorized ………………………… Name of Witness …………………………


Signatory

In the capacity of ………………………… In the capacity of …………………………

Address / Company ………………………… Address / Company …………………………


Stamp Stamp
………………………… …………………………
………………………… …………………………

Date ………………………… Date …………………………

ITT-PAM2018(Ver09_Apr2022) Page 14/14

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