Lampiran IIIA INSTRUCTIONS TO TENDERER FOR BUILDING PROJECTS (to be used for direct negotiated design & build

contracts)

1.0

GENERAL This document shall be deemed to form and be read and construed as part of the Contract Documents. The Tenderer shall be deemed to have read this document thoroughly as failure to comply with the instructions contained herein may disqualify the Tenderer's submission for this project.

2.0

SCOPE OF TENDER The Government of Malaysia (hereinafter referred to as `the Government') is desirous of having the Design, Construction, Completion and Commissioning of ........................................................................................ at ...... executed on a fixed price and lump sum *Turnkey/ Design & Build contract.

3.0

PRE-BID DOCUMENTS The documents issued to the Tenderer by the Government comprising of volumes will be referred to as the Pre-bid Documents.

4.0

EXPLANATION ON PRE-BID DOCUMENTS Should the need for any clarification on the Pre-bid documents arise, the Tenderer should within ........weeks after the issue of the Pre-bid Documents, communicate in writing with the relevant Branch Director of JKR Head Quarters (H.O.P.T.)/Project Director (P.D.) for further explanation, clarification or amplification. During the tender period, the H.O.P.T./P.D. may issue further instructions or information. Any such instruction, information or clarification will be given to the Tenderer as written Addenda to the Pre-bid Documents and such Addenda will be deemed to be part of the Pre-bid Documents.

5.0

COST OF TENDERING The Tenderer will not be reimbursed for any expenses incurred in the preparation and submission of his proposal.

* Delete whichever is not applicable 1

6.0

ADHERING TO CONDITIONS OF CONTRACT AND INSTRUCTIONS TO TENDERER The Tenderer's attention is drawn to the Instructions to Tenderers and the Conditions of Contract and he shall adhere strictly to the same. All expenses which may arise due to compliance with such instructions or conditions shall be deemed to have been reflected and included in the Tenderer's Tender Sum Analysis.

7.0 7.1

INSPECTION OF SITE The Tenderer is required to visit the site and shall have inspected and examined the same as well as its surrounding and obtained information in connection therewith and have satisfied himself before submitting his Proposal, as to the form and nature thereof including the subsurface conditions, the hydrological and climatic conditions, existing services, the requirement of the electricity and water supply authorities, the requirements of the Syarikat Telekom Malaysia Bhd. and/or Jabatan Telekom, the requirements of other authorities such as Jabatan Bomba, Jabatan Kilang dan Jentera, Jabatan Alam Sekitar, the relevant planning approval and local authorities having jurisdiction over the Works, the extent and nature of work and materials necessary for the completion of the Works, the means of access to the site and the accommodation he may require and, in general, shall have obtained all necessary information, as to risks, contingencies and all other circumstances which may influence or affect his Proposal. Any such information forwarded by the H.O.P.T./P.D. shall not relieve the Tenderer of his obligations under the provisions of this Clause. SUFFICIENCY OF PROPOSAL The Tenderer shall have satisfied himself before submitting his proposal as to the correctness and sufficiency of his Proposal for the Works, and the Tender Sum, except in so far as is otherwise provided in the Contract, shall cover all his obligations under the Contract and all matters and things necessary for the proper design, construction, equipping, completion, guarantee and maintenance of the works.

7.2

8.0

9.0

CURRENCY TO BE USED IN THE TENDER The total of the Tender Sum shall be quoted in Malaysian currency, that is in Malaysian Ringgit.

10.0

TENDER SUM ANALYSIS The Tenderer shall submit together with his tender Tender Sum Analysis with sufficient computation of tender prices for different portions of the Works where appropriate such as the Turnkey/ Design & Build Element, Preliminary Items, Building Works, Civil Works, Electrical and Mechanical Installations, Consumable Items, Contribution to the relevant Services Authorities for temporary works during construction, etc. as shown in the form for Tender Sum Analysis in Appendix 5. To enable the Project Director to properly evaluate the reasonableness of the Tenderers tender sum, the Tenderer shall
2

submit a Bill of Quantities and schedule of rates comprising of the prices for the major materials and component of works contained within the Tenderers proposal. 11.0 TENDERERS PROPOSAL ON PRODUCTS The Tenderer is required to state in his proposal the exact brand names, models, grades and other relevant particulars and prices of all equipment and other products offered. 12.0 METRIC SYSTEM All plans and specifications submitted by the tenderer shall be in the S.I Units (System International D'Unites) of measurement, commonly known as the metric system as this is a requirement of the approving authorities. 13.0 LANGUAGE For the purpose of this tender the language used shall be English. All submissions including plans, specifications, etc. forming the Tenderer's tender document shall accordingly be in English. Provided that nothing in this Contract shall invalidate any instruction or notice or certificate given to the Contractor or his authorised representative in Bahasa Malaysia or English. All correspondence between the Contractor and the HOPT/PD with regard to any matter under this Contract shall either be in Bahasa Malaysia or English. 14.0 PARTICIPATION ON A JOINT VENTURE BASIS Tenderers participating on a joint venture basis shall comply with or submit the following: a) b) c) d) Each partner of the joint venture must submit his own documents and forms as listed above. A joint venture agreement providing the joint and several liability of all partners in respect to the Contract. Description of the proposed participation and resposibilities of each partner; and A statement of proposed capital contribution of each partner and the sharing out of profits and losses among the parties.

15.0

PERIOD OF COMPLETION *(a) The Tenderer shall submit his tender sum for the fixed period of completion of ............ weeks in the Tender Forms attached in Volume 1 of the Pre-bid Documents. The Tenderer shall propose a completion period in the Tender Forms attached in Volume 1 of the Pre-bid Documents.

*(b)

16.0

* Delete whichever is not applicable SUBMISSION OF TENDER The Tenderer shall submit a proposal containing all information and particulars called for in the Pre-bid Documents. In the submission of tenders, the Tenderer is required to submit his tender documents, filled in and complete in all respects, properly sealed and marked in the following manner:VOLUME 1 - Contractual and General Proposal i) ii) iii) iv) v) vi) vii) viii) ix) x) xi) Instructions to Tenderers. Contractual and General Requirements Form of Tender. Conditions of Contract. Proposed Schedule of Payment (marked as Appendix 2)* Tender Sum Analysis (marked as Appendix 5) Programme of Works Tenderers key personnel Tenderers organisation chart showing the personnel involved in the planning, design and the construction of the Works. List of Consultants approved by the Department List of Works, Supply and Services to be sublet to Bumiputera Organisation and Professional

VOLUME 2 - Technical Proposals Technical proposals containing all the technical details of the project including preliminary design, specifications for architectural, structural and civil works, mechanical and electrical services, relevant standards, drawings, brochures, catalogues and calculations to meet the Client and Technical Requirements. The technical proposals shall be submitted and marked in the following manner:Part 1 - Architectural Works Part 2 (a) Civil and (b) Structural works Part 3 - Mechanical Services Part 4 - Electrical Services Part 5 Other services to be specified if any The Tenderer shall be required to submit .........copies of the Tender Document including one original copy. The original copy of the Tender Document shall be properly signed, witnessed and dated and shall be marked 'ORIGINAL'.

To be deleted where payment in based on valuation as specified in the Contractual and General Requirements

All tender documents shall bear the following title:............................................................................................ ............................................................................................ All tenders shall be submitted so as to arrive at the office of the:.. .. .. .. (H.O.P.T./P.D.)

not later than 12.00 noon on ....................