INSTRUCTIONS TO BIDDER (ITB)

1.0 GENERAL INFORMATION ........................................................................................................ 2

2.0 TNB’S PROCUREMENT CODE OF CONDUCT ........................................................................ 2

3.0 SUPPLIER SELF-SERVICE (SUS) PORTAL WEBSITE ........................................................... 2

4.0 TENDER BRIEFING AND/OR SITE VISIT (IF REQUIRED) ...................................................... 3

5.0 TENDER CLOSING DATE AND TENDER VALIDITY PERIOD ................................................ 3

6.0 TENDER ENQUIRIES ................................................................................................................. 4

7.0 TENDER PREPARATION .......................................................................................................... 4

8.0 E-TENDER FEE PAYMENT (ONLINE) ...................................................................................... 4

9.0 E-TENDER SUBMISSION .......................................................................................................... 5

10.0 PRICING OF TENDER ............................................................................................................... 5

11.0 LANGUAGE OF TENDER .......................................................................................................... 6

12.0 TENDER DISCREPANCIES AND ARITHMETHICAL ERROR ................................................. 7

13.0 ADDENDUM TO THE TENDER ................................................................................................. 7

14.0 SAFETY ...................................................................................................................................... 7

15.0 FINANCIAL STRENGTH ............................................................................................................ 8

16.0 INSURANCES............................................................................................................................. 8

17.0 THE BIDDER SHALL BE DULY INFORMED ............................................................................ 8

18.0 TENDER CLARIFICATION ........................................................................................................ 9

19.0 NOTIFICATION OF AWARD ...................................................................................................... 9

20.0 TENDER WITHDRAWAL ......................................................................................................... 10

21.0 RIGHTS TO REJECT TENDERS ............................................................................................. 10

22.0 ALTERNATIVE OFFER ............................................................................................................ 10

1.0 GENERAL INFORMATION

1.1 This Instruction to Bidder (hereinafter referred to as “ITB”) shall not form part of the
contract for any of the successful Bidder.

1.2 The purpose of this ITB is to help the Bidder to complete its tender and to notify the
Bidder of the requirement of this tender, so that the Bidder can offer a fair and
competitive price to Tenaga Nasional (hereinafter referred to as “TNB”) and to fully
understand the requirement of TNB under this tender.

1.3 Failure to comply to the requirement stated herein, TNB reserves the right to reject
the tender.

1.4 TNB shall not reimburse any expenses incurred by the Bidder in inspecting the site,
preparing the tender and any other related expenses.

2.0 TNB’S PROCUREMENT CODE OF CONDUCT

2.1 The Bidder shall treat the documents including all details as private and confidential,
irrespective whether he submits the tender or not. No information pertaining to the
examination, clarification, evaluation, comparison and award of the tender will be
disclosed to the Bidder or any other persons unless required by the law.

2.2 All Bidder shall be subjected to TNB’s Procurement Code of Conduct. Please refer to
TNB Website www.tnb.com.my for further detail on TNB’s Procurement Code of
Conduct.

2.3 The Bidder shall comply with all legislations, regulations and statutory requirement
relating to the provision of the products/services to TNB.

3.0 SUPPLIER SELF-SERVICE (SUS) PORTAL WEBSITE

3.1 This is an electronic tender (e-tender). All Bidders must register with Supplier Self
Service (SUS) Portal in order to participate in e-tender.

3.2 Website for SUS Portal is as follows: https://srm.tnb.com.my/irj/portal

3.3 For guidelines on tender participation, please visit SRM website

http://www.tnb.com.my/suppliers/srm/supplier-self-service-sus.html

3.4 All relevant certificates must be updated in SUS portal to enable suppliers or
contractors’ participation. The registrations shall be valid on the tender closing date.

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3.5 The following are the Internet Browser Settings to ensure the implementation of the
e-tender runs smoothly. Please make sure to use the following version of Internet
Explorer: IE8 / IE9 / IE10 / E11. Please do the setting in Internet Explorer as follows:

Click Tools on the Internet Explorer.

Select option - Compatibility View Settings.
Add this website option, type: tnb.com.my
Click the "Add" button.
Click on "Close" and refresh.
Minimum: Java version 1.6.
Windows 7 / 8 / XP.

3.6 If the Bidder has any enquiries on any matters regarding SCMS, Bidder can contact
Service Desk as follows-

Tel (Office) : +603 8929 9595

Email : ssdproc@tnb.com.my

4.0 TENDER BRIEFING AND/OR SITE VISIT (IF REQUIRED)

4.1 Tender Briefing and/or Site visit is mandatory. The date and time of the tender
briefing and site visit is as stated in the Tender advertisement. Failure to comply
with this requirement shall result in the Tender being rejected.

4.2 The number of participants per Bidders shall be limited to 3 persons. It is mandatory
for the participants to register their attendance with TNB representative on the day of
the site visit.

4.3 Bidders who wish to participate in the site visit shall provide safety helmet and safety
boots to be worn by his personnel(s) who are attending the site visit. Personnel who
fail to don the said Personal Protective Equipment (PPE) may be denied entry to the
site. Participants shall exercise reasonable precautions while at the site. TNB shall
not be responsible for the safety of the participants during the site visit.

4.4 TNB will not defray any expenses incurred in connection with the site visit. The
Bidders shall make their own arrangements for transport, accommodation and
insurance for the site visit.

5.0 TENDER CLOSING DATE AND TENDER VALIDITY PERIOD

5.1 Refer to Tender Notice for tender closing date and time for this tender.

5.2 Tender shall remain valid and open for acceptance or rejection for a minimum period
of 180 days or any other period specified in the RFx from the date specified as the
closing date of the Tender.

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5.3 In exceptional circumstances, prior to the expiry of the original Tender validity period,
TNB may request for an extension in the period of validity. Such request and the
response thereto shall be made by facsimile or letter.

5.4 If the Bidder agrees to the extension of the validity, then the original offer in the
Tender shall remain. The Bidder may decline to extend his Tender validity in writing.

6.0 TENDER ENQUIRIES

6.1 Refer to Tender Notice for Person In Charge (PIC) for any enquiries regarding tender
matters.

6.2 If the Bidder has any technical enquiries on the tender document or other matter
pertaining to the tender and site, he shall obtain clarification prior to the submitting
his tender.

6.3 The Bidder shall exercise due care in examining the TNB’s requirements and the
Site. Any clarification, omission, error, fault or other defect discovered shall be
notified to TNB not later than 10 days before Tender closing date.

7.0 TENDER PREPARATION

7.1 The Bidder shall complete the tender document fully and all attachments to be
uploaded and submitted online in the required format. All insertions shall be
permanently made and shall be clearly legible. Except for the items for which the
TNB’s requirements have been inserted, the bidder shall complete all information in
this tender.

8.0 E-TENDER FEE PAYMENT (ONLINE)

8.1 Payment for e-tender fee shall be done online through Payment Gateway (Online)
and ‘Create Response’ button will automatically be activated upon successful
payment. Tax invoice can be printed by Bidder through the system.

8.2 The online payment guidelines is available on the following link:

http://www.tnb.com.my/assets/files/PANDUANPENGGUNA(SUPPLIER)PEMBAYAR
AN ETENDER TNB ATAS TALIAN (FPX).pdf

8.3 Manual payment is NOT ALLOWED.

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8.4 Payments made are not refundable. TNB does not bind itself to accept the lowest or
any tender nor to assign any reason for the rejection of any tender nor will it be
responsible for any cost incurred by the Bidder.

9.0 E-TENDER SUBMISSION

9.1 Tender documents can only be acquired online.

9.2 All submissions must be done online including attachments and supporting
documents. Manual or hardcopy submission may result in rejection of the tender.

9.3 Bidder can prepare and edit their offers before the tender closing date and time.
However, only latest submitted version shall be considered for evaluation. After the
tender closing date and time, Bidder cannot edit their submitted offer in any case. No
written or online request in this regard shall be considered.

9.4 The Bidder shall ensure the correctness and sufficiency of his tender offer before
submitting the tender, and the tender price shall cover all his obligations under the
tender/contract and all matters and things necessary for the execution of the works.

9.5 Bidder are advised to ensure that their submission is completed before tender closing
date and time. When the tender has been successfully submitted, the status of the
RFx will change from “saved” to “submitted”. Only RFx with SUBMITTED status will
be considered for evaluation.

9.6 Bidder shall submit their offer, i.e Technical and Commercial proposal in e-tender
through Supplier Self Service (SUS) Portal at the following link:
https://srm.tnb.com.my/irj/portal.

9.7 Date and time of the tender closing date and time is based on the system server. It is
final unless formally notified by TNB.

10.0 PRICING OF TENDER

10.1 All bids shall be made entirely in Ringgit Malaysia (RM) unless otherwise stated in
schedule of price.

10.2 Bidder shall incorporate risk of fluctuations in foreign exchange rates into the tender
price.

10.3 The total tender price quoted by the Bidder shall be stated in the Letter of Tender /
Agreement / Quotation.

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10.4 The Bidder shall ensure that the total tender price as stated in Letter of Tender (LOT)
/ Agreement / Quotation tallies with the figures entered for the total tender price
entered in the Electronic System. Where there is a discrepancy between the figure in
LOT / Agreement / Quotation and in the Electronic System, the total tender price in
the Electronic System (Bidder Price List) shall govern.

10.5 The Bidder shall note that the amount entered in the Electronic System (Bidder Price
List) shall be for performing the Contract strictly in accordance with the TNB’s
Requirements and Conditions of Contract.

10.6 The Bidder must ensure that the unit price for every line item is realistic and
comparable to the market price.

10.7 Bidder is not allowed to offer any price discounts. Any form of discount offered shall
not be considered and shall result in the tender to be rejected.

10.8 The Bidder shall fill in the rates and the amounts for all items in the Schedules of
Prices. No new item shall be added.

10.9 The Bidder is required to submit realistic rates in the tender. Any gross deviations
from the prevailing market rates or unethical manipulations in the tendering system
may render the tender to be deemed as not responsive and can result in the rejection
of the tender or award with additional condition such as lump sum price basis or
rationalization of rates.

10.10 TNB does not bind himself to accept the lowest or any tender nor to assign any
reason for the rejection of any tender.

11.0 LANGUAGE OF TENDER

11.1 The ruling language shall be English. However, the language for communication shall
be English and Bahasa Melayu. Supporting documents and printed literature
furnished with the tender shall be in English or Bahasa Melayu.

11.2 In cases where the supporting documents (i.e. type test, audited financial statement,
ISO Certificate) and printed literature are in languages other than English and are
accompanied by translations in English, then for the purpose of interpretation and
evaluation of the tender, the English translations shall prevail.

11.3 In the event where the supporting documents were translated from the language of
origin into English, the translation made MUST be verified by the ISSUER of the
document.

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12.0 TENDER DISCREPANCIES AND ARITHMETHICAL ERROR

12.1 Tenders will be checked for any arithmetical error in the Schedule of Prices. Where
there is a discrepancy between the unit price and the sub-total amount derived from
the multiplication of the unit price and the quantity, the unit price quoted shall govern.
The Bidder must ensure that the Total Price in Electronic System is equal to the Total
Schedule of Price / Bill of Quantity / Quotation.

12.2 TNB may reject any tender which contains discrepancies and arithmetical error of a
value outside the range of (+/-) 0.5%. Hence the Bidder shall ensure that all
calculations are correct before submitting it’s tender.

12.3 TNB reserves the right to make amendment to any arithmetical error in the tender.
The Bidder will be required to correct the same but the Bidder shall not be permitted
to alter the unit rates in the Schedule of Price of the tender document unless
otherwise instructed by TNB.

13.0 ADDENDUM TO THE TENDER

13.1 Addendum will be issued when there are changes / corrections / clarification of the
tender. Addendum shall be considered as part of tender document.

13.2 Bidder will be informed of any addendum through e-mail or facsimile before tender
closing date. Any addendum will be uploaded in the folder named ADDENDUM.

13.3 Any changes in RFx can only occur before RFx closing date. Therefore, Bidder are
advised to ensure e-mail address updated in SUS portal and check the registered
email inbox on daily basis for any RFx notification even after submitting the RFx.

13.4 If changes are made to the Item Tab by TNB, Bidder are required to delete previous
submission and create new RFx response

13.5 Interpretations of the tender documents will be valid only if made by formal Addenda
issued by TNB. Except in so far as is expressly indicated in writing by TNB neither
the Bidder nor any agent or servant in their employment has the authority to make
any representations or explanations to the Bidder as to the meaning of the tender
documents or other documents or as to anything to be done or not to be done by the
Bidder.

14.0 SAFETY

14.1 The Bidder shall be responsible to ensure that the safety, health and welfare at work
of all his employees are in accordance in with the Occupational Safety and Health
Act (OSHA) 1994. In carrying out the works, the Bidder shall comply with all relevant
acts passed by the Malaysian Government, Statutory Regulations, TNB Safety
Rules, etc. (where applicable).

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15.0 FINANCIAL STRENGTH

15.1 The Bidder shall possess adequate financial capability and resources to complete the
project/works/supply/services in accordance with the tender requirements and by the
required time for completion.

16.0 INSURANCES

16.1 The Bidder shall consult Risk Management Department (RMD) on the requirement of
insurances for the project such as premium to be paid, excess and insurance policy
as follow:

(Jabatan Pengurusan Insurans)

Bahagian Kewangan Kumpulan
Aras 3, Sayap Kanan,
Bangunan Penghantaran,
129, Jalan Bangsar
59200, Kuala Lumpur
(Tel: 603 2108 0001 Fax: 603 2776 7088)

17.0 THE BIDDER SHALL BE DULY INFORMED

17.1 The Bidder shall familiarize himself fully with all matters relating to the tender. The
Bidder shall be deemed to have examined and satisfied himself as specified in the
Letter of Tender/Agreements, before submitting his tender, including the following,
where applicable:

a) The tender documents;

b) The site and its conditions;

c) The nature of the works and constructional plant necessary for the execution
of the Works;

d) The means of access to site;

e) The availability of labour and rates of wages;

f) The availability of accommodation;

g) Obtained all necessary contingencies which could affect his tender; and

h) The correctness and sufficiency of his tender to execute the Works.

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18.0 TENDER CLARIFICATION

18.1 For the purpose of tender evaluation, TNB may seek from the Bidder, through
correspondence or interview, detailed clarification of his tender. The request for
clarification and the response thereto shall in writing.

18.2 No change in the price or substance of the tender shall be offered or permitted in
clarification.

18.3 The Bidder is requested to arrange for suitable representative(s) on standby for the
purpose of tender clarification meetings.

19.0 NOTIFICATION OF AWARD

19.1 TNB reserves the right to award the whole or part of the tender.

19.2 TNB is not obliged to accept the lowest or any part of the tender.

19.3 TNB will notify the successful Bidder through Letter of Acceptance / Award (LA) or
Purchase Order (PO).

19.4 TNB will notify the unsuccessful Bidder the outcome of their tenders through the
system.

19.5 TNB may cancel a tender for the following reasons:

a) tender is unresponsive or
b) the tender offers received fail to meet the requirements of the tender or
c) TNB no longer requires the work to be executed as stated in the tender, or
d) any other reason which TNB is not obliged to disclose to the Bidder

19.6 In such event, notice of cancellation of tender will be issued to all Bidder in writing.

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20.0 TENDER WITHDRAWAL

20.1 Any tender withdrawal within tender validity period after the tender closing date is
subjected to penalties such as tender security (if applicable) being forfeited and / or
blacklisted from participating in TNB‘s future procurement exercise. Such penalties
as the table below shall be imposed on the Bidder:-

Withdraw Penalty

Within tender validity period Suspending from participating in any of TNB

and its Subsidiaries future procurement
exercise for a minimum period of six (6)
months to a maximum of one (1) year.

After tender validity period 6 months

20.2 However, such penalties shall not apply if TNB’s offer differs from the specification
originally defined in the tender or differ from the proposal offered by the Bidder.

21.0 RIGHTS TO REJECT TENDERS

21.1 TNB reserves the right to accept or reject a tender, or to annul the tendering process
and reject all tenders, at any time prior to the Award of Contract, without incurring
any liability to the Bidder.

21.2 The rejection of the tender may be caused by the following:

a) Does not conform to any of the Mandatory Requirements of the ITB or the
Employer’s Requirements
b) Does not submit any supporting documents
c) Gives false or misleading information
d) If a tender is not substantially responsive to the requirements of the tender, or
the Bidder altering or adding to his offer
e) The Bidder is unable to provide a satisfactory explanation for the tendered
rates
f) Tender price that is unrealistic
g) Presence of arithmetical errors related to price

22.0 ALTERNATIVE OFFER

22.1 Bidder are not allowed to make any alternative offer in his tender unless otherwise
stated in Additional Terms. If there is an alternative offer, TNB shall reject the tender.

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