Instruction to Tenderer

INSTRUCTIONS TO TENDERER

1. General

This Instructions to Tenderer, in so far as they may affect or relate to the execution
of the Contract shall be deemed to form part of the Contract.

2. Condition of Tendering

The tenderers attention is specially drawn to the whole of Document B Form of

Tender (JKR 203F Rev. 10/89) for his information and/or compliance in addition
to the instructions/conditions mentioned hereinafter.

3. Preparation of Tender

3.1 The tenderer must complete and sign on the following documents :

a) Document B Form of Tender

b) Document G Schedule of Prices
c) Document F Technical Specifications

Failure to do so will render his tender disqualified for consideration and

rejected.

3.2 The tenderer shall also complete the following documents :

d) Document I1 Particulars of Tenderer (Part 1)

e) Document I2 Particulars of Tenderer (Part 2)
f) Document H Schedule of Technical Information

3.3 In addition, the tenderer shall also provide the following :

(a) Appendix I Manufacturers Specification:
All necessary particulars of manufactures specification in
amplification of the information given in the Schedule of Technical
Data ( Appendix C) must be given together with any necessary
explanatory drawings.
(b) Appendix II Manufacturers Guarantee or Warranty Conditions:
The full guarantee or warranty conditions from the manufacturer
must be given.
(c) Appendix III Retail Price List for Spare Parts:
A comprehensive retail price list for spare parts of each type
equipment or plant offered must be given. The price discount, if any,
for future supply of spare parts to the Government must also be
stated.

3.4 Tenders which are not submitted on the formal Tender Documents provided
and in the manner specified therein will not be considered. Form of Tender
which is incomplete or unsigned shall be disqualified.

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3.5 In the preparation of Tender, the Tenderer should refrain from departing or
inserting new terms, conditions or stipulations in his offer and by virtue of his
submission of his Tender, it is deemed that he has clarified all doubts etc.
pertaining to the various documents constituted herein.

3.6 None of the documents contained in each bound copy ( except for Document
F, F1, H and I2 which is an attachment separate from the bound tender
document) shall be detached on from the other. The Tenderer shall not
indicate his name nor his tender amount in any of the document F, F1, H
and I2. The tender shall be made on the basis of the quantities and unit
prices for each item as stated in the schedule of prices.

3.7 All particulars to be filled in the tender document are to be made in ink and
should be legible. Any written errors made shall be neatly deleted and the
corrections written neatly above the cancellation and all correction made shall
be initialed by the tenderers. The usage of correcting liquid is not allowed.

3.8 Tender shall be priced and evaluated in Malaysian Ringgit (RM).

4. Error In Tender

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 Government 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.

5. Discrepancies in Tender Document

Should a Tenderer discover any discrepancy between the Tender Drawing, Bills of
Quantities and/or Specification, the Tenderer shall immediately refer the matter to
* ________________________ who would resolve and/or issue instruction in
regard thereof. The solution/instruction is only valid if made in the form of an
official Addendum as stated in para 6 below.

6. Addenda

Before the final date for the submission of Tender, *________________________

government may issue Addenda to clarify or alter the whole or part of the Tender
Document. Each Addendum issued will be circulated to all Tenderers and shall
form part of the Tender Document. Receipt of the Addendum shall be notified by
the Tenderer through the Confirmation Form enclosed with the Addendum.
Failure to fill and return the Form could result in the rejection of the Tender.

Note : * The office which issues the tender documents

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7. Verbal Interpretation

Verbal interpretation to any part of the Tender Document conveyed to Tenderer on

their request either verbally or in writing shall not be regarded as amendment to
any provisions and conditions in the Tender Document. Any amendment or
notification to any part of the Tender Document shall be made in writing in the
form of addendum as stipulated in para 5 and 6 thereof.

8. Submission of Tender

The tenderer may tender for one or more components/items depending upon the
registration of the tenderer for the appropriate work. The bound Tender
Documents together with letters (if any) and the proposed method for the
execution of the Works must be submitted in a sealed envelope bearing no
indication of the identity of the sender Document F (General specification),
Document F1 (Technical Specifications), Document H (Schedule of Technical
Information) and Document I2 (Particulars of Tenderer-Part2). which is an
attachment separate from the bound tender documents is to be submitted in a
separate sealed envelope. The envelope shall be endorsed:

TENDER FOR : ..
..
..
..

TENDER NO : .

And addressed:

* ____________________________________
____________________________________

so as to reach that address or lodged in the Tender Box on or before the date
and time specified in the Tender Notice.

9. Tender Opening Results

The tender results shall be displayed on the Notice Board at *

Note : * The office which issues the tender documents .

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10. Performance Bond

The successful Tenderers shall be required to provide a Performance Bond in

the form of cash or an approved Banker's Guarantee/Insurance
Guarantee/Licenced Finance Company issued by a bank registered in
Malaysia on the standard form provided equal to 21/2% of the Contract Sum
from RM 50,000.00 up to RM 500,000.00 and 5% for above RM 500,000.00.
This Performance Bond will be released twelve (12) calendar months after the
expiry date of the Contract or any authorized extension hereof.

11. Tender Expenses/Award

The Government of Malaysia will not defray express incurred in tendering and
is not bound to accept the lowest or any tender. The Government reserves the
right to reject the Tender in whole or in part. Any Tender that is incomplete,
ambiguous and noncompliant with instructions, will not considered. No reason
will be assigned for the rejection of any tender.

12. Tender Validity

This Tender shall remain valid within ninety days (90) from the final date
fixed for the submission of tenders and shall not be withdrawn within this
time. If the Tenderer withdraws during the tender validity period or any
extended validity period thereof, or refuses to accept the tender after it has
been awarded, disciplinary action shall be taken against him, where the
Tenderers registration as a Government contractor shall be :

12.1 Suspended for two (2) years for the first offence
12.2 Suspended for five (5) years for the second offence, and
12.3 Revoked for subsequent offence

13. Preference for locally Made Products

13.1 The tenderer is required to OBTAIN LOCALLY MADE PRODUCTS

TO THE EXCLUSION OF IMPORTED PRODUCTS, unless such
products of equivalent standard and complying with specifications are
not available. (In such circumstances, only imported products that are
already available locally shall be allowed. However, in cases where
products are not available in the country, the tenderer is allowed to
import through F.O.B).

13.2 The Tenderers must use local materials/locally made products as

listed in the List of Materials/Locally Made Building Materials issued
by IKRAM QA Services Sdn. Bhd. and/or List of Materials/Locally
made products issued by SIRIM QA Services Sdn. Bhd. whichever is
applicable. If the tenderer fails to comply with the instruction to use
local materials or locally made products after the issuance of Letter of
Acceptance, the Tenderer will be penalised and/or the materials
supplied will be rejected.

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13.3 Materials/locally made products that are not listed may also be
considered, provided they have been tested and recommended by
IKRAM QA Services Sdn. Bhd. or SIRIM QA Services Sdn. Bhd.
whichever is applicable. In such circumstances where neither IKRAM
QA Services Sdn. Bhd nor SIRIM QA Services Sdn. Bhd is able to
carry out the tests, the contractor may apply but subject to the S.Os
approval, for tests to be carried out by other agencies.

14. Procedure for Purchasing Imported Goods through FOB (Free On Board)

The procedure for Purchasing Imported Goods through FOB is as in

attachment A1.

15. Insurance

Goods imported for the Government of Malaysia for delivery in Malaysia

whether by sea, rail or air or through post, irrespective of their destination are
automatically covered by the Government Stores Insurance Fund. Such goods
are not to be insured with commercial companies.

The cover provided by the Government Stores Insurance Fund is as follows:

a) All risks including contributions to General Average.

b) From overseas warehouse or factory to Government Store in Malaysia

including all charges such as cost, freight, exchange, cartage to port of
export, wharfage, bill of landing charges and cost of inland or coastal
transport to ultimate destination when this is a continuation of the overseas
journey.

A premium of 1% of the value of all good imported into Malaysia shall be

credited to the Government Stores Insurance Fund operated by Accountant
General, Malaysia.

Claims on the Government Stores Insurance Fund are to be made only when
all remedies from carriers or other appropriate parties have been sought but
have failed.

The amount claimed in each instance is to cover all disbursement described in

(a) and (b) above, relating to shorthanded or damaged cargo or the nett loss
after deducting realizations when goods have been sold or disposed of in any
other manner of the actual cost of repairs reconditioning when such repairs of
reconditioning have been done.

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