CONDITIONS OF TENDERING

CONDITIONS OF TENDERING
1.Basis of Tender
The Tenderer is to note that this Tender shall be a Provisional Tender based on
Firm Price. No claim shall be allowed for any variation in the cost of materials,
wages, plant, fuel exchange rates, taxes, duties, statutory contributions, etc.
which may occur during contract period.
2.Issue of Tender Documents
Upon payment of the Tender Deposit as stated in the Tender Notifcation, each
Tenderer shall be issued with one (1) copy of bound Tender Documents together
with the Specifcation, Schedule of Rates and drawings all to be fully endorsed
and returned upon submission of Tender.
3.Tender Deposit & Document Fee
Prior to collection of the Tender Documents, the Tenderer shall be required to
pay a sum of Ringgit Malaysia: TWO THOUNSAND ONLY (RM 2,000.00)
Tender Document Fee to be made payable to GAMBIER SANTUARIES SDN.
BHD. in the form of Cheque, Bank Draft or Money Order.
The successful Tenderers Tender Deposit and shall be used to defray printing
charges and contract documentation. All unsuccessful Tenderer shall have their
Tender Deposit refunded in full upon return or submission of the complete set of
Tender Documents in good condition on or before the closing date of the Tender.
No refunds shall be made for failure to submit the Tender or for returning the
Tender Documents in their original condition should the Tenderer decide not to
Tender or for return of damaged, defaced or incomplete set of drawings or in
general for non-submission of a genuine Tender.
4.Tender Validity Period
Whereas the Employer reserves the right to accept of NOT to accept the lowest
or ANY ONE of the Tenders or any other TENDER and whereas no reason shall
be given for rejecting any TENDER, the Tenderer agrees that this TENDER is to
remain valid and open for consideration for a period of Ninety (90) days from the
fnal closing date for the submission of Tenders.
5.Fair and Competitive Tender
In order to obtain a fair and competitive Tender, the Tenderer shall not, at any
time for the duration of the Tender period of this Contract, solicit and/or
negotiate with any personnel, consultant and/or any other Tenderer who are
involved in this Tender exercise. Failure to comply with this clause shall render
the Tenderer liable for immediate disqualifcation.
6.Form of Contract
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CONDITIONS OF TENDERING
The Form of Contract to be used for the formal execution of this Contract shall
be the Pertubuhan Akitek Malaysia (PAM) Agreement And Conditions of
Building Contract - Private Edition Without Quantities (PAM Contract 2006
Edition), amplication notes, modifcations as detailed in these Tender
Documents.
7.Delivery of Tender
Each Tender and all accompanying documents in letters must be in English and
must be submitted in a sealed cover bearing no indication of the identity of the
sender. The cover shall be endorsed
SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING AND
MAINTENANCE FOR TWENTY FOUR (24) MONTHS OF LIFT INSTALLATION
FOR CADANGAN MENDIRIKAN 1 UNIT RUMAH CONTOH SEMENTARA 3
TINGKAT (TEMPOH MASA 3 TAHUN) DI ATAS SEBAHAGIAN LOT 2920, PT
3986 JALAN BUKIT GAMBIER, SUNGAI DUA, MUKIM 13, DAERAH TIMUR
LAUT, PULAU PINANG. FOR TETUAN GAMBIER SANCTUARIES SDN. BHD.
And all documents in connection therewith must be delivered to:-
(Contract Department)
GAMBIER SANTUARIES SDN. BHD.
48B, Jalan Sultan Ahmad Shah, 10050 Penang, Malaysia.
Not later than 12.00 Noon on 20
th
June 2014
Tenders and documents in connection therewith must be delivered to the place
specifed at or before the time stipulated. In the case of a Tender not being
delivered by hand, the Tenderer must arrange for his Tender and other
documents to be posted or delivered on time to reach the specifed place not
later than the stipulated date and time. Any Tender delivered after the
stipulated time and date, from whatever cause arising, shall not be considered.
Notwithstanding the above clause, the Employer and/or the Consultants shall
in no way be held responsible for any loss or late Tender submitted.
8.Additional Copies of Tender Submission
Tenderer are required to submit the original copy of the Tender Documents. This
shall also include all tender correspondence.
Failure to comply with the above may cause his submission to be disqualifed.
9.Tenderer to Obtain All Information/Site Visit and Examination
It shall be the Tenderers duty to make, or cause to be made on their behalf,
local enquiries concerning the availability and cost of any plant required, and
obtain for themselves on their own responsibility, all other information which
may be necessary for making a Tender and entering into Contract and must
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CONDITIONS OF TENDERING
examine the Tender Documents in order to ascertain the matters as to which
they will be deemed to have satisfed themselves and the risks and obligations
which they are to undertake.
It is the responsibility of the Tenderer to visit the site and to carry out any
additional investigations or make any further enquiries he considers necessary
to enable him to submit a valid Tender.
The Tenderer shall make independent examination and enquiries as to the
physical conditions prevailing on site, adjacent to the site, soil conditions on site
and obstructions to be encountered in the execution of the works including
temporary diversion of services (if necessary). Such examination and enquiries
shall be at the Tenderers own cost. No claims whatsoever on the grounds of
inadequate information or ignorance of any consideration under which the
works shall have to be executed and/or failure to comply with this requirement
will be entertained.
10.Additional Tender Document Copies
In the event of any Tenderer being supplied, at his request, with copies of any of
the Tender Documents, it shall be the sole responsibility of the Tenderer to
scrutinize such copies and satisfy himself that they are exact copies of those
included in the Tender Table Documents. In the event of any discrepancy being
found between any such copies supplied to the Tenderer and those included in
the Tender Table Documents, it shall be the sole responsibility of the Tenderer
to apply to the Contract Manager to have such discrepancy rectifed before the
fnal date for submission of Tenders as stipulated in the Tender Notice.
11.Legible Endorsements/Written Errors
All endorsements are to be made in BLACK INK and should be legible. Where
written errors are made in the endorsements, such error shall be neatly strike
out and the correction written neatly above the cancellation and such correction
shall be initialed by the Tenderer. Claims for loss arising out of the Employers
or Consultants misinterpretation of illegible endorsements shall not be
entertained.
12.Qualifcation and Alterations
No amendment, alteration and/or conditional qualifcation shall be made to the
text of the Tender Documents without the written approval of the Contract
Manager unless otherwise permitted, elsewhere in the Tender Documents.
13.Comments
Any comments which are desired to be made shall not be place on any of the
attached Documents but shall take the form of a separate statement, as brief as
possible and referenced to items, clauses and pages of the attached Documents
submitted, although it may be used for general amplifcation where necessary.
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CONDITIONS OF TENDERING
14.Standard of Workmanship and Materials
All workmanship, materials and components throughout shall comply with
either:-
(a)The relevant Malaysian or British Standards or Codes of Practice current
on the date of closing Tender or,
(b)other Standards or Codes of Practice proposed by the Tenderer providing
that these Standards or Codes of Practice are equivalent or superior to
the relevant British Standards or Codes of Practice and that two copies
in English of each Standards and Codes shall be provided by the
Tenderer with the Tender.
15.General Works Programme and Appendices
The Tenderer shall submit his general works programme for the execution of the
works with his Tender together with the following:-
(a)A chart showing the estimated monthly labor force and details of the
staf the Tenderer proposes to employ.
(b)A list of major items of plant which the Tenderer proposes to employ on
the works.
(c)A list of those parts of the works which the Tenderer proposes to sublet
together with the names of the appropriate Sub-Contractor.
(d)A covering letter stating any other matter in relation to his Tender which
the Tenderer considers should be drawn to the particular notice of the
Contract Manager.
The Tenderers attention is also drawn to the requirement to complete all the
attached Appendices, failing which his Tender may not be considered.
16.Adjustment of Prices And Rates
Rates in the Schedule of Rates as submitted by the Contractor shall be subject
to the agreement of the Contract Manager as to their reasonableness and shall
before the signing of this Contract be adjusted as the Superintending Ofcer
may reasonably require.
Any adjustment of the prices in the Summary of Tender and any arithmetical
error or omission shall before the signing of this Contract be so rectifed and
adjusted that when correctly calculated, the total amount in the Summary of
Tender shall represent the same amount as that tendered in the Form of Tender.
The tender amount shown in the Form of Tender shall remain unaltered but the
net aggregate amount of the diference between the total adjusted amount in the
Summary of Tender and the tender amount shown in the Form of Tender,
whether a net deduction or net addition, shall be calculated as a percentage of
the total adjusted amount shown in the Summary of Tender and all prices in
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CONDITIONS OF TENDERING
the Summary of Tender shall be subject to such percentage discounts or
premiums as the case may be. Provided always that Provisional and Prime Cost
Sums shall be excluded from such calculation and shall not be subject to such
percentage discount or premium.
17. Tenderers Authentic Constitution
Tenderers must deliver with the Tender a notarial authenticated copy of the
documents defning the constitution of the consortium, company or frm by
which the Tender is submitted, so as to show by what persons and in what
manner a contract may be entered into by the consortium, company or frm and
what persons would be directly responsible for the due performance of the
Contract. In accordance with the constitution the Tender must be signed or
sealed or otherwise executed in such manner that is will be binding on the
Tenderer if accepted.
The Tenderer further confrms that he has read through and understood the
Conditions of Tendering and failure to comply with any one of the Conditions of
Tendering incorporated hereinbefore shall render his Tender liable to be
disqualifed and his Tender Deposit to become forfeited.
18.The Tenderer is to note that the following Sections of these Documents shall be
duly completed and signed prior to submission of his Tender.
I. Section I - Instruction to Tenderers
II. Section II - Conditions of Tendering
III. Section III - Form of Tender
IV. Section IV - Summary of Tender Amount
V. Section V - Schedule of Works
VI. Section VI - Appendices
19.It is to be noted that the contents of these Documents other than the Tender
Drawings have been prepared by and are therefore the exclusive copyright of
GAMBIER SANCTUARIES SDN. BHD. and shall not be used either wholly or in
part in any other Tender Documents without the written consent of M/S
GAMBIER SANCTUARIES SDN .BHD.
TENDERER : WITNESS :
NAME : NAME :
DESIGNATION: DESIGNATION:
DATE : DATE :
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