PEMBINAAN …………………………(IBS – REKA DAN BINA)

INSTRUCTIONS TO TENDERER
CONTENTS:

1.0 General
2.0 Scope of Tender
3.0 Scope of Works
4.0 Pre-Bid Documents
5.0 Explanation of Pre-bid Documents
6.0 Cost of Tendering
7.0 Contractual and General Requirements
8.0 Tenderer's Local Consultants
9.0 The Tenderer's Organisational Planing
10.0 Adhering to Conditions of Contract and Instruction to
Tenderer
11.0 Inspection of Site
12.0 Sufficiency of Proposal
13.0 Proposal For Industrialized Buildings Systems
14.0 Drawings, Specification and Government Requirement
15.0 Contractor’s Design, Materials and Workmanship
16.0 Currency to be used in the Tender
17.0 Contractor’s Tender Price
18.0 Metric System
19.0 Materials, Equipment and Machinery
20.0 Language
21.0 Registration as Government Contractor
22.0 Acceptance of Tender
23.0 Period of Validity of Tender
24.0 Tenderer's Proposal
25.0 Period of Completion
26.0 Participation of Class F Contractors Programme under 9th
Malaysian Plan
27.0 Submission of Tender

INSTRUCTIONS TO TENDERER

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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

2.1 The Government of Malaysia (hereinafter referred to as `the
Government') is desirous of having ....... (name of project)....... to be
executed on a design and build basis based on a fixed time and fixed
price contract.

3.0 Scope of Works

3.1 The works covered in this tender comprise the provision by
the tenderer at his own risk and cost of all materials,
scaffolding,tools, plants, professional services, labour, transport,
water, light and everything else necessary for .... (name of
project).......all in strict accordance with the Government's
Requirements.

3.2 The scope of work shall include but not limited to the following
facilities:-

a)
b)
c)
d)
e)

3.3 The details of the above scope of works refer in the Government's
Technical Requirements (Volume 2 of 2)

4.0 Pre-Bid Documents

The documents issued to the Tenderer by the Government will be

referred to as the Pre-bid Documents.

4.0 Pre-Bid Documents (cont’d)

The Pre-Bid Documents comprising of :

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 Volume 1 of 2 – Contractual and General Requirements
Volume 2 of 2 Government Technical Requirements - needs
statement for Architectural, Civil, Structural and
Geotechnical, Mechanical and Electrical works

5.0 Explanation of Pre-bid Documents

Should the need for any clarification on the Pre-bid documents arise, the
Tenderer should within one (1) week after the issue of the Pre-bid
Documents, communicate in writing with the Project Director (hereinafter
referred to as the "P.D.") for further explanation, clarification or
amplification.

During the tender period, the Project Director 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.

6.0 Cost of Tendering

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

7.0 Contractual and General Requirements

The Contractor shall fully comply with the Contractual and General
Requirements as contained in the Pre-Bid Documents

8.0 Tenderer's Local Consultants

The Tenderer shall submit a complete list of local Consultants to be

employed for the project stating their job category and their
obligations. The local Consultants shall be qualified and competent and
shall be registered with their respective Boards in Malaysia and the
Ministry of Finance. The Tenderer's attention is also drawn to the fact
that the Consultants shall be retained throughout the Contract Period
including Defects Liability Period and shall not be discharged without
the consent of the Project Director. Consultants shall also be involved
in the supervision of the Works in order to certify the `As-Built Drawings' .

8.0 Tenderer's Local Consultants (cont’d)

The Memorandum of Agreement between the Contractor and the

consultants shall comply with the JKR Standard Form or guidelines
accordingly.

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9.0 The Tenderer's Organisational Planning

The Tenderer shall outline their organisation for planning and design
works and for construction works in their tender.

10.0 Adhering to Conditions of Contract and Instructions to Tenderers

The Tenderer's attention is drawn to the Instructions to Tenderers and the

Conditions of Contracts and the tenderer 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 Contract Sum Analysis.

11.0 Inspection of Site

11.1 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.

11.2 Any such information forwarded by the Project Director shall not
relieve the Tenderer of his obligations under the provisions of this
Clause. The Government gives no guarantee for the information
either, as to the accuracy or sufficiency, or as to how the same
should be interpreted or otherwise howsoever and the Tenderer
shall make use of and interpret the same entirely on his own risk.

12.0 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 Contract Sum, except in so far as is otherwise provided in the
Contract, shall cover all his obligations under the Contract and all matters

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 and things necessary for the proper design, construction, equipping,
completion and guarantee of the works.

13.0 Proposal for Industrialized Building System (IBS)

13.1 The Tenderer is required to proposed a design of IBS component

not less than 70% score as the Manual IBS Content Scoring
System published by CIDB. The Contractor shall be fully
responsible for the design, construction and maintainance of the
whole works.

13.2 The Tenderer shall engaged a qualified and IBS CIDB certified IBS
manufacturer to design and supply the specified IBS components.

13.3 The Tenderer is to submit the calculation of final IBS Score and
provide all relevant supporting calculations to verify the
correctness of the score at the time of tender submission.

13.4 The Tenderer is also to furnish scheme drawings for the

construction of the building and detailed component drawings for
the IBS components at the time of tender submission for the
subsequent tender evaluation. Each and every drawing must be
certified by Professional Engineer (P.E) registered with the Board
of Engineers, Malaysia.

13.6 Elements and components shall comply to the Malaysian Standard

MS1064:2001 Guide To Modular Coordination (MC) in Building or
ltest edition published by CIDB.

13.7 When sufficient information is given on the requirements of the

electrical and mechanical installations, relevant provisions must be
allowed for in or on the IBS components prior to site erection.
Cutting or hacking of IBS elements on site is to be minimised. For
small cutting and hacking work, (less than 100mm diameter) prior
written approval from the P.D must be obtained before work is
done.

13.8 The Tenderer shall be required to prepare and submit Bills of

Quantities, prepared by the Tenderer’s Consultant Quantity
Surveyor and priced by the Tenderer and shall be submitted as
separate Volume which does not form Part of The Contract. The
format of Bills of Quantities shall follow according to the building
elements.

13.9 Architectural Sacrosanct Elements

The Government Tender Design comprising the layout plans and

architectural design drawings listed in the list of drawing attached
(if any) are concept elements that are immutable and shall be
considered as sacrosanct elements. The concept elements that is
immutable:

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 (a) architectural layout plan and drawings

(b) road system and parking bays

(c) basic architectural geometry design features of the

overall building shape

(d) floor area and individual unit floor layout

(e) the number of units to be constructed

(f) Position and floor area of pumproom and water tank

room

(g) Position and floor area of surau/tadika/library/store

room/staircases

The layout plant shall be submitted and approved by the State

Planning Authority (Jabatan Perancang Bandar dan Desa Negeri)
and to be adopted strictly by the tenderers in submitting their tender.
There shall be no deviation to the approved layout plan with regards
to orientation/location of each block of buildings/ancillary building,
road system and parking areas, allocation of areas for sewerage
treatment plant, substation, open space or any other requirements
indicated in the layout plan mentioned in the Government Tender
Design.

13.10 Design Concept

The `Government Tender Design', i.e. the layout plan and

architectural design drawings of the works as listed in the list of
drawing attached. These layout plan and drawings provided have
sufficient salient information indicating the design concept of the
works. The Contractor's design shall strictly, legally and physically
possible to the design concept provided and consider the sacrosanct
elements in his overall design of the project. In the event that the

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 Government Tender Design is deficient in the aspect of suitability,
functionality and safety, the Contractor shall modify so as to rectify
the same and shall be liable and guarantee that the proposed design
is free from any said.

The Contractor is deemed to have assumed full and total

responsibility for his adopting the Government Tender Design
drawings as though they were his own and for evolving and
developing his Detailed Structural and other Design from these
drawings.

The Contractor hereby warrants that the said designs are in all
respects adequate, accurate, sufficient and fit for their purposes and
that the said designs when developed by him will meet in all
respects the requirements of the Government.

The Contractor shall develop the aforementioned designs so as to

procure a complete detailed Final Design of the Works and of each
and every part thereof will when completed jointly and severally be
in all respects fit for its or their purpose and in particular, but without
limiting the generality of the foregoing, such that the Works as a
whole and as appropriate, each and every part thereof shall meet
the Government’s Requirements.

14.0 Drawings, Specifications and Government Requirement

The Tenderer shall note that the drawings, specifications and

Government Requirements issued are meant to serve as a guide and
the Tenderer shall submit their own proposal for the evaluation and
consideration by the Government. The specifications proposed shall
not be inferior to those described in the Government Requirements.

15.0 Contractor’s Design, Materials and Workmanship

Withstanding the provisions of Clauses 14 of the Conditions of Contract,

the Contractor is to note that the design (including any further design),
supervision and maintenance of the Works are included within the scope
of the Contract.

The Tenderer’s attention is drawn to Clause 52 of the Condition of

Contract whereby the successful tenderer will be required to maintain the
complete mechanical, electrical and medical services and the vehicles for
a period of 24 months from the date of handing over of the project.

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16.0 Currency to be used in the Tender

The total of the Tender Sum shall be quoted in Malaysian currency, that is
in Ringgit Malaysia.

17.0 Contractor’s Tender Price

17.1 Contractor shall required to price based on :

1) Contract Sum Analysis (Design and Build)

The tenderer is required to complete the Contract Sum

Analysis as shown in Appendix '5'.

The Tenderer shall submit together with his tender, sufficient

computation of tender prices for different portions of the Works
where appropriate such as the Design and Build Element,
Preliminary Items, Piling Works, Building Works including Built in
furniture, signages & ID’s works, Mechanical Services, Electrical
Services, Maintenance, Furnitures, Other Associated Building
and External Works, Contribution to the relevant Services
Authorities for temporary works during construction, and all the
related works etc., as shown in the form for Contract Sum
Analysis in Appendix 5.

Upon acceptance of his tender by the Government, the tenderer

shall submit within three (3) weeks of the said acceptance, a
make-up of tender prices which shall be sufficiently detailed and
in a format acceptable to the P. D. showing a breakdown of the
different portions of the Works as aforesaid including the Design
and Build Element and Preliminary Items so as to enable the
P.D. or his representative to efficiently carry out valuations for
the purpose of interim valuations under Clause 53.

18.0 Metric System

All plans and specifications submitted by the tenderer shall be in the S.1
Units (System International D'Unites) of measurement, commonly known
as the metric system as this is a requirement of the approving authorities.

19.0 Materials, Equipment and Machinery

Before the issue of the Certificate of Practical Completion of the whole

of the Works under this contract, the Contractor is required to have
satisfied the Project Director by means of a Statutory Declaration
made by the Contractor to the effect, that all materials and equipment

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 supplied and incorporated into the Works are new and unused and
generally are of the best quality with regard to design, manufacture and
performance.

All equipment and machineries which is to be installed and

incorporated as part of the permanent works shall be manufactured by
companies having agents in Malaysia for the subsequent maintenance
and repair of the equipment and machinery.

20.0 Language

For the purpose of this tender the language used shall be English. All
submissions including plans, specifications, Conditions of Contract, 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.

21.0 Registration as a Government Contractor

The Tenderer is required to be reqistered as a Turnkey Contractor with

Pusat Khidmat Kontraktor (PKK) of the Ministry of Entrepreneurial
Development and CIDB. The Tenderer shall submit a certified true copy
of the current registration certificate issued by the said authority together
with his Proposal.

The Tenderer shall ensure that his registration is a valid throughout the
execution of the said Contract. The Tenderer shall also ensure that all his
Sub-Contractors/Suppliers are registered as a Government Contractor or
Supplier with Pusat Khidmat Kontraktor (PKK) or Ministry of Finance.

22.0 Acceptance of Tender

The Government reserves the right to accept any tender or to reject all
the tenders or to accept in whole or in part, a particular tender.
23.0 Period of Validity of Tender

Tenders shall remain valid for a period of up to 180 days from the date of
Closing of the Tender. However, the Government reserves the right to
extend the validity of the said period.

24.0 Tenderer's Proposal

The tenderer shall take note the following conditions:-

24.1 All the design by the tenderer shall be carried out in

accordance to the latest standard architectural and engineering
practice and shall be approved by local and central authorities if
required.

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 24.2 Any quantities and figures as indicated in the tenderer's
proposal for any system or portion of work shall be taken as
purely indicative only. No extra cost shall be entertained if
such increase is an essential part of the completion of the
whole works or systems.

24.3 Discrepancy
Where there is any discrepancy within the Tenderer's Proposal, the
Project Director shall have the right to decide between the
discrepant items and the Contractor shall comply with the
decision without any cost incurred to the Government.
Generally, the medical brief should take precedence in the
event of any discrepancies that appear in the pre-bid
documents.

24.4 Detailed Drawings

Any drawings shown in the Tenderer's Proposal are considered as the
complete working drawings to be used for the completion of the
whole of the works.

Any necessary updating/modification subsequently made in order to

suit the final accepted architectural layout shall not be treated
as variation to the contract.

24.5 Modification to Mechanical & Electrical Services

Where necessary, the tenderer shall up date/modify the
mechanical and electrical engineering services drawings to
follow the accepted architectural layout and any up
dating/modification made to the Mechanical and Electrical
Services shall not be treated as variation to the contract.

25.0 Period of Completion

The completion of this project shall be ....................... weeks from the

date of the Project Director's order to commence the works.

26.0 Participation of Class F Contractors Programme under the 9th

Malaysian Plan

Contractor shall comply and follow strictly to all programme provided for
Class F Contractors as per “Surat Pekeliling KPKR (18) dlm JKR KPKR.
020.050/03 Klt.8”.

When implementing of the Class ‘F’ Participation Programme, the

Contractor should allocate some parts of the identified works for
implementation Industrialized Building System (IBS).

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 The Contractor is required to complete the Sub-Contractor’s names and
works in Appendix 10.

27.0 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
their tenders, Tenderers are required to submit their tender documents,
filled in and complete in all respects, properly sealed and marked in the
following manner:-

VOLUME 1 OF 2 - CONTRACTUAL AND GENERAL REQUIREMENTS

PART A INSTRUCTIONS TO TENDERER

PART B FORM OF TENDER
PART C GENERAL CONDITIONS OF CONTRACT

C1 Articles of Agreement

C2 Conditions of Contract

C3 Addendum to Conditions of Contract

PART D APPENDICES

Appendix 1 - Appendix to Conditions of Contract

Appendix 2 - Government’s Requirements (CGR)

Appendix 3 - Contractor’s Proposal

Appendix 4 - Contract Sum Analysis

Appendix 5 - Contract Schedule of Rates

Appendix 6 - Certified Copy Of Bank Guarantee for

Performance Bond

Appendix 7 - List of Government Multimodal Transport

Operators

Appendix 8 - Detailed Design And Specifications

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 Appendix 9 - List of Imported Goods Approved By
The Government for Incorporation Into
The Works or Supplied Under the
Contract

Appendix 10 - List of work supply and services to be

sublet to Bumiputera Organisation and
Professional

Technical Requirements

Technical proposals containing all the technical details of the project

including preliminary design, specifications for civil and structural works,
mechanical and electrical services, relevant standards, drawings and
calculations. The technical proposals shall be submitted and marked in the
following manner:-

VOLUME 2 OF 2 - I) ARCHITECTURAL WORKS,

II) CIVIL AND STRUCTURAL WORKS

III) MECHANICAL WORKS

IV) ELECTRICAL WORKS

V) OTHER SERVICES (IF ANY)

The Tenderer shall be required to submit eight (8) copies of the Tender
Document together with drawings and specifications including one original
copy (one (1) original + seven (7) duplicate copies). The original copy
of the Tender Document shall be properly signed, witnessed and dated and
shall be marked 'ORIGINAL'.

All tender documents shall bear the following title:-

(Name Of Project)

All tenders shall be submitted so as to arrive at the office of the:-

UNIT TAWARAN PUSAT

CAWANGAN PENGURUSAN PEROLEHAN DAN HARTA,
TINGKAT BAWAH, BLOK A
KOMPLEKS KEMENTERIAN KERJA RAYA,
JALAN SULTAN SALAHUDDIN,
50582 KUALA LUMPUR.

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

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