DESIGN, CONSTRUCTION, COMPLETION, TESTING, COMMISSIONING AND MAINTENANCE OF

EMU DEPOT AT SEREMBAN

TABLE OF CONTENTS FOR INSTRUCTIONS TO TENDERER

CLAUSE DESCRIPTION

1.o INTRODUCTION
2.0 TENDER PROPOSAL
3.0 STATUS OF TENDERER
4.0 PERFORMANCE BONDIADVANCE PAYMENT.
5.0 TRAFFIC FLOW
6.0 INSURANCES
7.0 SERVICES
8.0 STANDARDS
9.0 CURRENCY
10.0 GOVERNMENT POLICIES
11.o TENDERER'S CONSULTANT
12.0 CORRESPONDENCE
13.0 DOCUMENTS FOR INFORMATION ONLY
14.0 CONDITIONS OF TENDER
15.0 PROCEDURE FOR PREPARATION OF TENDER
16.0 SUBMISSION OF TENDER
17.0 TENDER EVALUATION
18.0 SIGNING OF CONTRACT
19.0 BRIBERY
20.0 DUTY
21 .o COMPLIANCE WITH LOCAL AUTHORITIES AND RELEVANT
AUTHORITIES' REQUIREMENTS
DESIGN GUARANTEE
23.0 RAIL TRANSPORTATION
24.0 RECRUITMENT FOR EMPLOYMENT
25.0 MAINTENANCE
26.0 ADVERTISEMENT AND PUBLICITY
 TABLE OF APPENDICES TO INSTRUCTIONS TO TENDERERS

APPENDICES PAGE

APPENDIX 1 FORM OF ACKNOWLEDGEMENT OF TENDER DOCUMENTS 16

APPENDIX 2 CONFIRMATION OF COMPLIANCE 17

APPENDIX 3 FORM OF NON COLLUSION CERTIFICATE 18

APPENDIX 4 BANK GUARANTEE AGAINST ADVANCE PAYMENT (WORKS) 19

APPENDIX 5 BANK GUARANTEE FORM FOR PERFORMANCE BOND (WORKS) 20

APPENDIX 6 SITE VISIT CONFIRMATION FORM 22

APPENDIX 7 REQUEST FOR CLARIFICATION FORM 23

APPENDIX 8 CHECKLIST OF INFORMATION FOR MANDATORY REQUIREMENTS 24

APPENDIX 9 CHECKLIST OF INFORMATION FOR COMMERCIAL PROPOSAL 25

APPENDIX 10 CHECKLIST OF INFORMATION FOR TECHNICAL PROPOSALS 26

APPENDIX 11 COMPLIANCE CLAUSE BY CLAUSE (COMMERCIAL) 27

APPENDIX 12 COMPLIANCE CLAUSE BY CLAUSE (TECHNICAL) 28

 INSTRUCTION TO TENDERERS

INSTRUCTIONS TO TENDERERS

1.0 INTRODUCTION

1.1 General

This Tender is for the DESIGN, CONSTRUCTION, COMPLETION, TESTING,

COMMISSIONING AND MAINTENANCE OF EMU DEPOT AT SEREMBAN (hereinafter
referred to the Works). It shall be carried out on a Design and Build basis, Fixed Lump Sum
Price.

This lnstructions to Tenderers (ITT), which shall be strictly complied with, shall form part of the
Contract and shall be used by the Tenderer as a basis for the preparation and submission of
the Tender Proposal.

The Tender Documents consists of Form of Tender, Tender Information, Statement of Needs,
and General Condition of Contract, Technical Specifications, Special Conditions of Con'tract,
Contract Sum Analysis, Drawings and Appendices; all of which shall form the Tender
Documents.

2.0 TENDER PROPOSAL

2.1 Issue of Tender Documents

Two (2) complete sets of the Tender Documents shall be issued to the Tenderers to enable
them to prepare the Tender Proposals. The term 'Tender Documents' shall mean as follows.

lnstructions to Tenderers and Appendices,

Form of Tender,
Schedules of lnformation for Commercial Proposal,
Schedules of lnformation for Technical Proposal
General Conditions of Contract,
Special Conditions of Contract
Letter of Acceptance of Tender
Form of Agreement
Statement of Needs
Contract Sum Analysis and Summary
Schedules of Rates
Schedule of Payment
Technical Specifications
Drawings

The whole of the Works set forth in the Tender Document exhibited on the Tender Table
(hereinafter referred to as the "Tender Table Documents") will be carried out on Contract.

2.2 Scope of Works

2.2.1 The Scope of Works to be carried out under this Contract shall include the survey, soil
investigations, design, construction to completion and maintenance over a specified period of
DESIGN, CONSTRUCTION, COMPLETION, TESTING, COMMISSIONING AND
MAINTENANCE OF EMU DEPOT AT SEREMBAN complete with all the necessary
infrastructure and services, and as laid out in the Statement of Needs, Drawings and the
Technical Specifications.

2.2.2 The whole of the Works shall be completed within FOURTEEN (14) MONTHS from the Date
of Site Possession.

2.2.3 The Tenderer is to make provision to be at his own risks and cost of all materials, scaffolding,
tools, plants, machineries, professional services, labour, transport and everything else

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necessary for the survey, soil investigations, design, construction and maintenance of the
Works during construction and including all works that have been specified in the Statement of
Needs.

2.2.4 The Tenderer shall take into consideration all other items not expressly stated herein but
required to complete the works as specified in the Documents.

3.0 STATUS OF TENDERER

3.1 Tenderer's Entity

3.1.1 Status of Tenderer

Tenderers shall be Malaysian companies registered with the Pusat Khidmat Kontraktor (PKK),
Ministry of Works and Construction Industry Development Board of Malaysia (CIDB). The said
registration shall be under Class A under Head I; Sub-heads 1 and Sub-head 8.

Certified photocopies of registration certificates of Tenderers and Subcontractors shall be

submitted with the Tender bid.

Tenderers are required to furnish all information asked for in the Schedules of Information for
Technical and Commercial Proposal and shall be submitted with the Tender bid. Tenderers
are strictly prohibited from enticing andlor recruiting any personlpersons currently under the
employment of KTMB to be under their employment for this project.

These are mandatory requirements and Tender from parties who do not fulfil these
requirements shall be disqualified.

3.1.2 Experience of Tenderer

Tenderers shall have previously executed and provide details of works of similar nature and
size which they have successfully completed and shall furnish all information requested in the
Schedules of Information as the Tenderer's evidence that they are technically and financially
capable of executing the Works

3.1.3 Confirmation of Compliance.

The Technical Specification is for information only. The Tenderer shall fill in the form of
Confirmation of Compliance as per Appendix 2 of the ITT. The Tenderer shall provide if he so
wish, a Statement indicating the extent of compliance of his Tender with the Technical
Specifications together with documentary evidence enabling KTWIB to ascertain the extent of
such compliance. The Tender submission including the Technical Specification will then
become the liability of the Tenderer.

3.1.4 Programme and Methods of Construction

The Tenderer shall submit with his offer the draft programme and method statement for this
Works. It is important that the Tenderer demonstrates how he can complete the Works within
the stipulated completion dates as entered into the Form of Tender. In this respect Liquidated
and Ascertained Damages shall be imposed for any delay in completing his Work on time.

3.2 Proposal from Consortium or Joint Ventures

Consortiums or joint venture shall be allowed to participate in the Tender.

3.2.1 A certified true copy of the Consortium or Joint Venture Agreement shall be submitted with the
Tender Proposal and shall have information comprising, but not limited to the following:

i. The name of the Consortium or Joint Venture.

ii. The name and registered address of each Consortium or Joint Venture member.

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iii. The contractual responsibility and liability of each member to the Consortium or Joint
Venture which shall be reflected in the Project Organisation Chart.
iv. The name and responsibility of the Consortium or Joint Venture leader who shall be one
of the member companies.
v. The letter of appointment of the Consortium or Joint Venture representative(s) who shall
be an officer of the member companies who shall be authorised to act for and on behalf
of the Consortium or Joint Venture upon the award of the Contract.
vi. The law governing the agreement which shall spell out the method of settlement of
disputes in respect of the Consortium or Joint Venture Agreement.

The validity period of the Consortium or Joint Venture Agreement.

3.3 Authorised Signatory

The Tender shall be signed by representative(s) authorised to act on behalf of the Tenderer
proposing Entity. A Power of Attorney in favour of the authorised representative(s) shall be
submitted together with the Tender Proposal and at such other time on the notification of.any
substitution of the representative(s) which shall solely be the responsibility of the Tenderer
Proposing Entity to inform the Government.

3.4 Confidentiality

All parts of the Tender Documents together with any addenda shall remain the property of the
Government and is given to the Tenderer solely for the purpose of the preparation and
submission of a Tender.

3.5 Signing of Tender Document

i. The Tender shall be signed by a person or persons and shall contain the full name(s),
address (es) of the place of business of the person or persons making the Tender
Proposal and must be signed with its or their usual signature. In the case of persons they
shall confirm that they will be jointly and severally responsible for all the obligations of the
Tender and any Contract entered into.

ii. The Tender Proposal by partnership must contain the full name and address of the place
of business of each of the partners and must be signed with the partnership named by ar!
authorised representative, followed by the name and designation of the person signing,
including a certified declaration by the partners stating that they consider themselves
jointly and severally responsible for all obligation of the proposal and any Contract
subsequently entered into.

iii. The Tender by corporations must be signed with the legal name of the President,
Chairman, Secretary, or authorised person, followed by the name and designation of the
person signing, including a certified document giving proof of its authority entered into.

iv. The Tender by a group of two or more firms forming a Joint Venture or Consortium must
be signed by each firm and satisfactory proof furnished with the Tender that one person
is authorised to act for all. All of the members of a Joint Venture or Consortium shall be
jointly and severally responsible for all obligations of the Tender and any Contract
entered into. If the Tenderer proposes to associate with an affiliated or non-affiliated
company for the purpose of executing the Works, the status and responsibility of the
other company shall be clearly stated and in the event that no such notification is given
such other company shall be deemed to be a sub-contractor and shall not be a party to
the Contract.

3.6 Non-Collusion Agreement

The Non-Collusion Certificate, in the format as per APPENDIX 3 of the ITT, where applicable,
shall be duly signed by authorised representatives of each member of the Consortium or Joint
Venture and included in the Tender Proposal. The Tenderer shall be deemed to have read

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and understood the contents of the Certificate and shall fully comply with the conditions
therein.

4.0 PERFORMANCE BONDIADVANCE PAYMENT.

4.1 All Tenderers are required to take note and comply with all the following conditions:

i. The Contract Sum submitted by the Tenderer shall be on a cash basis and shall be
inclusive of all costs of whatever nature.

ii. The Tenderer shall note that there is provision for an Advance Payment amounting to
25% (twenty five percent) of the Contract Sum and up to a maximum of Ringgit
Malaysia:Ten lVlillion Only (RM10,000,000.00) whichever is lower for qualified Tenderer
and subject to the current Surat Pekeliling Perbendaharaan dan Arahan
Perbendaharaan, Ministry of Finance, Malaysia and shall be in a format as per
APPENDIX 4 of the ITT.

iii. The Tenderer shall note and comply with the Date of Completion for the Works in full
together with the associated facilities and payment of Liquidated and Ascertained
Damages as per General Conditions of Contract.

iv. The Tenderer shall note that there is no provision with regards to fluctuations in foreign
currency exchange rates and increased costs of labour, plant and materials.

v. The Tenderer shall propose a Schedule for interim Payments and the basis for the said
schedule of payment.

4.2 The Tenderer may choose to comply with any of the following requirement and to indicate as
such in the Letter of Acceptance. If the option b) is approved by the Government, then all
clauses relevant to the requirement of Performance Bond shall be deemed not applicable.

a) Performance Bond

The successful Tenderer shall furnish a Performance Bond by way of an irrevocable and
unconditional first call Bank Guarantee payable to the Government. Only guarantees
given by Banks approved by the Government shall be acceptable. The original Bond shall
be submitted prior to the commencement of any work. The original Bond shall be
equivalent to 5% (five percent) of the aggregate of the Contract Sum and shall be in a
format as per APPENDIX 5 of the I T .

If the Contractor fails to execute the Contract or commits any breach of these obligations
under the Contract, the Government or the Superintending Officer (S.O.) on his behalf
may utilise and make payments out of or deduct from the said Performance Bond. The
Performance Bond (or any balance thereof remaining of the credit of the Contractor) shall
be released or refunded to the Contractor on the completion of making good of all defects
or other faults which may appear during the Defects Liability Period and upon the issue of
the Certificate of Completion of Making Good Defects for the whole of the Works.
b) Performance Guarantee Money

The Government has made provision whereby a Performance Guarantee Money (Wang
Jaminan Perlaksanaan) can be considered for approval by the Government in lieu of and
to comply with the Performance Bond requirement.

The value of the Performance Guarantee Money shall be five (5) percent of the total
Contract price. Deductions shall be made by an amount of ten (10) percent of the first
interim progress payment and from subsequent progress payments until the amount
reaches five (5) percent of the total Contract price as per Surat Pekeliling
Perbendaharaan Bil. 5 Tahun 2007.

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5.0 TRAFFIC FLOW

The Tenderer's attention is drawn to the requirements to maintain existing traffic flows on
existing public roads and existing railway tracks.

The Contractor is required to comply with any Traffic Control Management provisions as set
out by the relevant authorities and KTMB. The Contractor's attention is also drawn to the
provisions of the Conditions of Contract which permit the Government to suspend the Works in
the event that these provisions are not strictly complied with.

6.0 INSURANCES

The Tenderer's attention is drawn to the provisions of the Clauses of the General Conditions
of Contract regarding the Project lnsurance and the Contractor's lnsurance respectively.

The Contractor is required to arrange and purchase his own insurance for covering the risks
as mentioned in APPENDIX 1 of the General Conditions of Contract and the risk of loss or
damage to the Works arising from defective design and damage to principal existing property
at minimum amount covered of Ringgit Malaysia: One Hundred Thousand Only
(RM100,000.00). He may, at his own discretion wish to effect other insurance policies to
cover other associated risks (e.g. costs of deductibles etc.) from approved insurance
companies.

7.0 SERVICES

The Tenderer's attention is also drawn to the presence of any services, cables, mains, pipes,
signal and communication cables, Automatic Train Protection equipment, 25kV electrification
system and Fiberail cables within the Site which may materially affect the Contract execution.
The successful Contractor shall liase with the respective Service Departments for temporary
works required to maintain the existing service facilities without interruption during the course
of the Works, or permanently resite the same at his own cost, unless specifically stated
otherwise herein.

8.0 STANDARDS

The Tenderer is required to comply with the Standards or Codes of Practice stipulated in the
General Condition of Contract and Technical Specifications. All materials to be supplied shall
be in accordance with appropriate lnternational Standard Organisation (ISO), International
Railway Standards (UIC), Malaysian Standards (MS) or any other internationally approved
standards.

9.0 CURRENCY

The Tenderer shall submit the Tender fully priced in Ringgit Malaysia (RM) only. All payments
under the Contract shall be made in Ringgit Malaysia (RM) only.

10.0 GOVERNMENT POLICIES

The Tenderer in preparing and submitting his Tender Proposal shall take into account and
incorporate all the prevailing Government Policies as listed below, but not limited to:

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a. Bumiputra The Tenderer shall include, if applicable, full particulars of those

Participation Burniputra who presently have and control of the Minimum
Participation together with the percentage of the Minimum
Participation owned and controlled by a Burniputra Contractor. The
Tenderer shall submit to the Government for approval an
authenticated copy of the Bumiputra Contractor's current
documentation of registration by Pusat Khidrnat Kontraktor (PKK),
Ministry of Works and Construction Industry Development Board of
Malaysia (CIDB).

b. Malaysian Sub- Any part or parts of the Works to be sub-letted to Malaysian

contractor and Contractors and suppliers shall be identified by the Tenderer in the
Suppliers Tender. All Malaysian Sub-contractors shall be registered with Pusat
Khidmat Kontraktor (PKK), Ministry of Works and Construction
lndustry Development Board of Malaysia (CIDB) and be eligible to
carry out the sub-contract works in accordance to the Class heading
of their registration.

c. Local Products 10c.l The Tenderer shall utilise local products as listed in the list of
Locally Manufactured Construction MaterialIProduct by
IKRAM QA Services Sdn Bhd andlor SlRlM QA Services Sdn
Bhd whichever is relevant. In event that the Tenderer did not
conform to this requirement after the Letter of Acceptance has
been issued, penalty andlor rejection of supplied material shall
be imposed.

10c.2 Product that are not listed shall be considered for used if the
products have been tested and certified by IKRAM QA
Services Sdn Bhd or SlRlM QA Services Sdn Bhd whichever
is relevant.lf testing cannot be done by IKRAM QA Services
Sdn Bhd or SlRlM QA Services Sdn Bhd, the Tenderer shall
apply subject to approval by S.0 to conduct testing with other
agencies.

10c.3 Not withstanding the above, Tenderers shall note that Treasury
Circular Surat Pekeliling Perbendaharaan Bi1.7 Tahun 2002
shall govern.

d. Local The Tenderer shall provide, if applicable, details of any local

Manufacturing manufacturing that will be carried out in connection with this Contract.

e. Occupational The Works for use in KTMB's Track shall fulfill the requirements of
Safety and ACT514 of the Occupational Safety and Health 1994.
Health

f. Usage of 10f.l Cost of all insurance, loading, unloading, transport and other
Malaysian handling works for local materials required for the execution of
Shipping Lines works shall be borne by the Contractor. For imported items
and Insurance which shall be purchased Free On Board (FOB), all insurances
Companies and freight shall be arranged by the Contractor.

10.f.2 For imported items which shal be purchased Free On Board

(FOB), all insurances and freight shall be arranged by the
Contractor through the Government's Multi Modal Transport
Operators (MTO). The Contractor shall allow in his tender all
costs and time required in complying with the requirements of
this clause including the cost required for the services provided
by the MTO.

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10f.3 All construction materials, plant, equipment, vehicles and

machineries that are necessary to be imported into Malaysia
by FOB for the purpose of this Contract shall be arranged by
the Contractor, through any of the MTO registered with
Ministry of Finance under code 221 109 ;

10f.4 The cost for insurance and freight for imported items from the
Port of Loading of the country where the purchases are made
to the site of works shall be paid for by the Contractor. Sales
tax and import duties of imported items shall be priced in
Contract Sum Analysis separately . Thus all cost of
imported items shall be priced by the Tenderer in his
Tender as FOB.

10f.5 The Contractor shall pay all taxes, port dues and charges
including, but not limited to, wharfage dues, pilotage fees,
anchorage, berthage and mooring fees, quarantine dues,
loading porterage and overtime fees for construction plant and
materials for use directly in the construction and maintenance
of the Works brought into and despatched from Malaysia by
the Contractor, his servants or agents on his behalf.

10f.6 All imported items shall be transported directly from the port
of loading of the country where the purchases are made to
any ports or airports in Malaysia which are the port of
discharge before being transported to its final destination in
Malaysia.

10f.7 Not withstanding the above, Tenderers shall note that Surat
Pekeliling Perbendaharaan Bil. 6 Tahun1996 and Surat
Pekeliling Perbendaharaan Bil. 7 Tahun1998 shall govern.

11.0 TENDERER'S CONSULTANT

The Tenderer shall submit a complete list of Malaysian Consultants to be employed for the
project stating their job category and their obligations. These Consultants shall be registered
with their respective Malaysian Boards. The Tenderer's attention is also drawn to the fact that
he shall not employ any other professional (other than those named in the Proposal) without
prior consent of the Government.

The Tenderer's Consultants shall employ permanent representatives at the Site to manage
and ensure the Works meet the Specifications during construction and to coordinate and
supervise operations of KTMB's on track machineries and ballast trains.

The Tenderer's Consultants shall take full responsibility and liability in the design and the
execution of the Works.

The Tenderer is to note that the appointment and involvement of Tenderer's Consultant must
be from the Design, Supervision and Contract Management stage of the project and
preparation of As-Built Drawings and Engineering Reports.

The Tenderer is also to take note that the Government reserves the right to have payment
made directly to Contractor's Consultant as specified in Clause 5A of the Special Conditions
of Contract.

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12.0 CORRESPONDENCE AND MEASUREMENT

All correspondence in connection with the Tender, Contract and all matters accompanying the
~ e n d eare
r to be either in the English language or Bahasa Malaysia.

All measurements and quantities are to be expressed in units of the metric system.

13.0 DOCUMENTS FOR INFORMATION ONLY

Documents marked "FOR INFORMATION ONLY" (if any) given to the Tenderer do not form
part of the Tender Documents.

All documents, information and other materials supplied by the Government to the Tenderer,
are to the best of the Government's knowledge and belief sound. The Government does not
and will not accept any liability whatsoever for any error, inaccuracy, insufficiency, omissions
or error of judgement contained therein. It shall be the Tenderer's sole responsibility to verify
their accuracy and sufficiency.

The Specifications provided for might not cover all the Works relevant to this project. Where
the Tenderer's proposed design, works or materials are not covered by the Specifications, he
shall propose his own Specifications. The Specifications submitted by the Tenderer shall not
relieve the Tenderer from his obligation to comply with the best relevant standards and good
practices.

14.0 CONDI'TIONS OF TENDER

The Tenderer's receipt of the Tender Documents is conditional upon the Tenderer's
acceptance of the condition that the Government's decision on the selection of the Tender
Proposal shall be final and the Tenderer shall agree that :

i) The Government shall not be bound to award the Contract to the Tenderer having the
lowest price or lowest Contract Sum Analysis or any proposal, and

ii) The Government shall not be bound to inform the Tenderer of the reason or reasons
for or the details of the selection of the Tender.

The Tenderer shall totally bear all costs incurred by him in connection with the preparation and
submission of the Tender Proposal. This clause shall apply equally irrespective of whether the
Tenderer is required to return the Tender Document or where the Tender has been rejected in
accordance with the conditions as stipulated in the Instruction to Tenderers and the Tender
Document.

The Tenderer shall be deemed to be familiar with all the relevant laws, by-laws and
regulations, including Local Authorities and the relevant approving authorities, KTMB's Rules
and Regulations and the current construction practices in Malaysia. The Tenderer shall be
solely responsible for obtaining all necessary licenses, permits, qualifications, right to use
patents, and other statutory and legal approvals for the performance of the Works.

15.0 PROCEDURE FOR PREPARATION OF TENDER

15.1 Examination of Tender Documents

The Tenderer shall acknowledge receipt of the Tender Documents at the time of receipt of the
Documents as per form in APPENDIX Iof the ITT. It shall be the responsibility of the
Tenderer to check that the Documents received are the exact copy of and conform to the
Tender Table Documents. Failure to check shall be solely at the Tenderer's own risk.

15.2 Site Visit

A compulsory site visit and briefing of the tender shall be arranged and conducted by KTM
Berhad, on behalf of the Government as published in Advertisements of Tender.

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The Tenderer shall at his own expense before submitting their Tender Proposal, visit and
inspect the Site and shall be responsible for obtaining all information which shall be
considered necessary for the preparation of the Tender.

The Tenderer shall be deemed to have satisfied himself as to the nature of the Site, the
extent, the boundaries, the nature and practicability of the Works, the position of the Works in
relation to the Site and the surroundings, the existing works, buildings and structures,
squatters, services, means of access, the availability of materials, the nature of the soil and
strata in or on which the Works are to be constructed, weather conditions, and in general shall
satisfy himself and obtain all necessary information as to the risks, contingencies and other
circumstances which may influence or affect his Tender Proposal and to have taken the same
into consideration and made adequate allowance thereof in his Tender.
Any information forwarded by the Government shall not relieve the Tenderer of his obligation
under the provision in this Clause. The Government gives no warranty for the information,
either as to the accuracy or sufficiency as to how the same should be interpreted, and the
Tenderer shall make use of and interpret the same entirely on his own responsibility.

The Tenderer and any of his personnel or agents, upon entering the Site shall release and
indemnify the Government against all liability in respect thereof and shall be responsible for
personnel injury (whether fatal or otherwise), loss of or damage to property and any other
losses, damage, cost and expenses however caused, which, but for the execution of such
permission, would not have occurred.
A site visit confirmation sheet as per APPENDIX 6 of the ITT shall be filled up and returned by
all Tenderers together with the Tender Proposal.

15.3 Clarification of Tender Documents

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 scrutinise such copies and
satisfy himself that there are exact copies of those included in the Tender Table Documents.
In the event of any difference or discrepancies being found between any such copies supplied
to the Tenderer and those included in the Tender Table Documents or between any
documents included therein, it shall be the sole responsibility of the Tenderer to apply in
writing to the Government's Representative, to have the difference or discrepancy rectified,
not later than fourteen (14) days before the final date fixed in the Tender Notice for the
submission of Tenders. Any reply Government's Representative may make to such appl~cation
shall be by way of Tender Addendum which will be sent to all Tenderers. Such Tender
Addendum shall become part of the Tender Documents and Tenders received will be deemed
to have been based on the explanations, modifications or extensions to the original
documents that they contain. Any clarifications shall be directed to the General Manager of
Project Management Division, KTMB as stated in para 15.4.(i) of the ITT.

Any clarification of the Tender Documents resulting from the above such queries shall NOT be
interpreted as modifications or amendments to the Tender Documents. Any modifications or
amendments to the Tender Documents shall be made only by an Addendum or Addenda
which shall form part of the Contract Document, issued to all Tenderers.

15.4 Correspondence During Tender Period.

i. All correspondence in connection with the Tender Documents shall be made and directed
to as follows:

General Manager
Project Management Division,
Keretapi Tanah Melayu Berhad
Corporate Headquarters,
First Floor, Jalan Sultan Hishamuddin,
50621 Kuala Lumpur.

Tel number: 03 - 2263 1370

Fax number: 03 - 2710 5725

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ii. All correspondence may be sent by hand or by post. The Government however shall not
be responsible for non-receipt of any correspondence sent by post either registered or
othetwise.

iii. All correspondence by facsimile shall only be considered as an intention of the Tenderer
to write to the Government upon which the Government shall take note and prepare the
answers but shall not reply thereto until the original written correspondence has been
received by the Government.

iv. AddendumIAddenda:

AddendumlAddenda to the Tender Document may be issued to all Tenderers not later
than one (1) week before the Tender Submission Date for the purpose of amending or
clarifying the Tender Documents. Should there be any doubt or obscurity in the meaning
- _ of_any-of_the_Tender_Documents-or as-to-what-has-to be-done or not to be done or as to
any other matter, the Tenderer shall set forth such doubt or obscurity in writing and
submit the same to the General Manager of Project Management Division, KTMB as
stated in para 15.4. (i) Above, using the form as per APPENDIX 7 of the ITT not later
than fourteen (14) days from the Tender Submission Date.

The reply by the Government shall be in the form of an Addendum or Addenda and the
Addendum or Addenda shall form part of the Contract Document.

v. Tenderers are NOT allowed to have any correspondence with any other KTMB
employees in reference to the tender. Any information or decision given by any other
KTMB employees except for the General Manager of Project Management Division
shall be considered as null and void and has no significance to this contract.

16.0 SUBMISSION OF TENDER

16.1 Form of Tender

The Form of Tender shall be signed by the Tenderer or by an authorised representative of

each member of the Consortium or Joint Venture and submit together with the Tender
Proposal. It shall provide the registered business name of the Tenderer or each member of
the Consortium or Joint Venture. There shall not be any changes made to the Form of Tender
which on its completion shall include the Lump Sum and the appropriate signatories. Any
correction shall each be made clearly and initialled by each of the authorised representatives.
No unauthorised alteration or addition shall be made to the Form of Tender or any other
Tender Documents.

16.2 Covering Letter and Comments

The covering letter accompanying the Tender Proposal submitted to the Government, shall not
duplicate anything already included in the Tender, although it may be used for general
amplification of matters included therein where necessary. Any comments which the Tenderer
desire to make shall not be included in the Tender Proposal, but shall take the form of a
separate statement included in the covering letter and shall be as brief as possible and
referenced to items, clauses and pages of the attached Tender Proposal.

16.3 Submission of Tender Proposal

The Tenderer shall submit the Tender Proposal in three separate sealed sub-packages;

1. One for the MANDATORY REQUIREMENTS

2. One for the COMMERCIAL PROPOSAL
3. One for the TECHNICAL PROPOSAL

DESIGN, CONSTRUCTION, COMPLETION AND COMMISSIONING OF EMU DEPOT Page 10 of 28

AT SEREMBAN
 INSTRUCTION TO TENDERERS

These three separate documents shall not be bound together as one package proposal, and
failure to comply shall render the Tender to be disqualified.

Each sub-package shall comprise one (1) original and one (I ) and must be submitted
copy
for each sub-package separately in a plain sealed cover, bearing no indication of the identity
of the Tenderer. The cover of each sub-package shall be endorsed on the outside as
follows:

"CONFIDENTIAL - TENDER (MANDATORY REQUIREMENT I COMMERCIAL I

TECHNICAL)*. THIS TENDER IS FOR DESIGN, CONSTRUCTION, COMPLETION, TESTING,
COMMISSIONING AND MAINTENANCE OF EMU DEPOT AT SEREMBAN. -
(* delete where not applicable)

The proposals shall be clearly marked 'ORIGINAL' or 'COPY'. In the event of discrepancy
between the original and the copy, the original shall govern.

NOTE

All Tenderers shall take notice that failure to comply with this Clause shall cause the
Tender to be disqualified.
-
In the case of the Tender not being delivered by hand, the Tenderer shall arrange for
his Tender and other documents to be posted in time to reach the stipulated place not
later than the stipulated time.
16.4 Information to be provided

16.4.1 A checklist of information to be enclosed in the Tender is as per APPENDIX 8, 9 and 10 of

the l1T. Tenderers are to confirm the items enclosed by ticking or writing "yes" in the
provided column of the checklist.

16.4.2 Mandatory Requirements

Tenderers are to submit the following in a separate sealed envelope :-

i) A copy of the Company's account
ii) A copy of monthly Bank Statement
iii) A copy of BankIFinancial Institution Financial Report or Form CC
iv) Project Superintendent's Report (Form TFI)
'4 General Background Information of the Tenderer (Form TB)

Tenderers who fail to produce the above required documents shall be disqualified.
Refer to APPENDIX 8 of the ITT.

16.4.3 Commercial Proposal

The Tenderer shall submit the following information as COMPULSORY together with the
Tender Proposal. Failure to comply shall render the Tender to be disqualified:

I. The original cover letter signed by the Tenderer or the authorized representative of
each member of the Consortium or Joint Venture, which shall contain the name of
the Consortium or Joint Venture and the name of the leading partner and member
companies.

11. List of documents contained in the Tender Proposal and Index of the contents
therein.
...
111. 'Power of Attorney' affidavits together with Agreement of Association and any other
documents necessary to authenticate its Tender Proposal; if the signatory other than
Chief Executive Officer (CEO) of Managing Director (MD)

iv. Form of Acknowledgement of Tender Documents as per APPENDIX 1 of the ITT.

DESIGN, CONSTRUCTION, COMPLETION AND COMMISSIONING OF EMU DEPOT Page 11 of 28

AT SEREMBAN
 INSTRUCTION TO TENDERERS

v. 'Confirmation of Compliance' to all Instruction to Tenderers, General Conditions of

Contract, Special Conditions of Contract and Technical Specifications as per Clause
3.1.3 and APPENDIX 2 of the ITT.

vi. The Non-Collusion Certificate as per Clause 3.6 and APPENDIX 3 of the ITT, where
applicable, and duly signed and witnessed. The Tenderer shall be deemed to have
read and understood the contents of the Certificate and shall fully comply with the
conditions therein.

vii. Site visits Confirmation Form as per Clause 15.2 and APPENDIX 6 of the ITT.

viii. Priced Contract Sum Analysis, Schedule of Payment and Summary.

ix. A comprehensive Schedule of Rates for all items stated in the Contract Sum
Analysis and any other items that the Tenderer considers necessary and appropriate
to be included.

x. Interim Payment Schedule, which shall be in accordance with the Tenderer's

Programme of Works with payment subject to the approval of the Government.

xi. Schedule of Information for Commercial Proposal and to include Forms CA, CB, CC,
TA, TI3 and TFI.

xii. Form of Tender.

xiii. Checklist as per APPENDIX 9 of the I-IT duly filled by Tenderer.

xiv. Clause by Clause Compliance to Instructions to Tenderers, Contract Sum Analysis,

General Conditions of Contract, Special Conditions of Contract, Statement of Needs
and Technical Specifications as per APPENDIX 11 of the ITT.

16.4.4 Technical Proposal

The Tenderer shall submit the following information as COMPULSORY together with the
Tender Proposal. Failure to comply shall render the Tender to be disqualified:

I. Proposal Programme covering the whole of the Contract Period and showing all
Schedule Dates. The programme shall be in a format which takes cognisance of the
requirements contained in the Statement of Needs in outline form;

11. Method of Construction taking cognisance of the requirements contained in

Statement of Needs or other technical information required, including all designs,
plans, calculations, specifications and everything else necessary as specified in the
Statement of Needs, Contract Sum Analysis and Technical Specifications in outline
I
form;
...
111. List of drawings which the Tenderer will issue during the Contract Period and the
order of issue of such together with a schedule of dates of proposed programme;

iv. Schedules of Information for the Technical Proposal i.e. Forms TC, TD, TE, TF, TG,
TH, TI and TJ;

v. List of documents incorporated in the Technical Proposal and Index of the contents
therein:

vi. Checklist as per APPENDIX 10 of the ITT duly filled by Tenderer;

vii. Clause by Clause Compliance as per APPENDIX 12 of the ITT

Note: - Contractor's Name and Prices shall NOT appear in the Technical Proposal, Non-
compliance will render the Tender invalid.

DESIGN, CONSTRUCTION, COMPLETION AND COMMISSIONING OF EMU DEPOT Page 12 of 28

AT SEREMBAN
 INSTRUCTION TO TENDERERS

16.5 Quantities Measurement:

The Works included in this Contract is on a fixed lump sum, design and build basis. Other than
expressly provided for in the General Conditions of Contract, no claim for additional sums or
rerating of items or extension of time shall be entertained by the Government.

The Contract Sum Analysis shall be used for pricing the Tender and the Tender shall be made
on the basis of the rates and prices named in the priced Contract Sum Analysis being firm.
Every item must be legibly filled in, in ink, by the Tenderer and columns added up to the exact
total amount of Tender.

For the purpose of comparison of Tenders and acceptance of Tenders, the total amount of
Tender (Tender Sum) shall be immutable. If on examination by the S.O., errors such as
addition mistakes, incorrect transference and discrepancies between rates and amounts and
unrealistic rates are discovered in the Contract Sum Analysis, the following states shall be
taken in order to rationalise the Contract Sum Analysis without altering the Tender sum;

i) The individual rates shall be examined by the S.O. for their reasonableness. Where
found unreasonable, the rate will be adjusted by the S.O. as appropriate.

- -- ii) A percentage correction shall be appl~edto the rates so that the Tendered S.um -
remains unaltered.

16.6 Provisional Sum

Not applicable.

16.7 Tender Submission Date

The complete Tender Proposal received by the Government after the closing date shall not
be considered. The Government shall not accept proof of posting as proof of receipt. It is the
responsibility of the Tenderer to ensure the whole of its Proposal is received by the
Government at the proper location, date and time prior to the Tender Closing Date as stated
in the Tender Notice advertisement.

Tender Proposal shall be addressed and sent to:

The Secretary,
Tender Board Committee,
Ministry of Transport,
C/O General Manager Finance Division,
Corporate Headquarters,
1st. Floor, Keretapi Tanah Melayu Berhad,
Jalan Sultan Hishamuddin,
50621 Kuala Lumpur.

The Tenderer must ensure that they receive an official receipt for the Tender Proposal
submitted as the Government does not assume any responsibility for any documents which
fail to arrive.

16.8 Tender Validity

The Tender shall be valid for acceptance for a period of one hundred and eiqhty (180) days
from the Date of Tender Submission, and shall remain binding upon the Tenderer at any time
until the expiration of that date. The Government reserves the right to request for an extension
of the validity period which when agreed by the Tenderer shall be at no cost to the
Government.

DESIGN, CONSTRUCTION, COMPLETION AND COMMISSIONING OF EMU DEPOT Page 13 of 28

AT SEREMBAN
 INSTRUCTION TO TENDERERS

17.0 TENDER EVALUATION

17.1 Government's Right

The Government reserves the right to reject any, part or all of the Tender Proposal, to
undertake discussion with one or more Tenderer, and to accept that Proposal or modified
Proposal which in its sole judgement will be the most advantageous to the Government, price
and other evaluation factors considered.

18.0 SIGNING OF CONTRACT

Within fourteen (14) days of the issue of the Letter of Acceptance, the successful Tenderer
shall submit:

i A duly registered and legalised Power of Attorney in favour of the signatory of the
Contract if the latter is a person other than the signatory to the Proposal.

ii. Where the Proposal is executing the Contract as a subsidiary, associated or affiliated
company of a registered company, a Parent Company Guarantee in a format--to be----- -
agreed by the Government.

iii. A Performance Bond (if the option chosen by the Tenderer) equivalent to five percent
(5%) of the Contract Sum issued by a first class Bank operating in Malaysia in the form
as per APPENDIX 5 of the I T and in accordance with the General Conditions of
Contract.

iv. Advance Payment Bond issued by Bank operating in Malaysia in the form as per
APPENDIX 4 of the I T and in accordance with the General Conditions of Contract.

v. Insurances as stipulated in Clause 11, 33, 38 and 39 of the General Conditions of

Contract and Appendix 1 to the General Conditions of Contract.

vi. Following presentation and acceptance of these documents and upon receiving a request
from the Government to do so, the Contractor shall execute and sign the Contract at the
Office of the Government.

19.0 BRIBERY

19.1 The offer of a bribe or other inducement to any person with the view to influence the placing of
the Tender shall result in the instant rejection of the Tender.

19.2 Any act or attempt to corruptly offer or give, solicit or receive any gratification to and from any
person in connection with this procurement is a criminal offence under the Anti-Corruption Act
1997.

19.3 If any person offers or gives any gratification to any members of the public service, the latter
shall at the earliest opportunity thereafter lodge a report at the nearest office of the Anti-
corruption Agency or police station. Failure to do so is an offence under the Anti-corruption
Act 1997.

19.4 Without prejudice to any other actions, disciplinary action against a member of the public
service and blacklisting of the contractor or supplier may be taken if the parties are involved
with any act of corruption under the Anti-Corruption Act 1997.

19.5 Any contractor or supplier who makes a claim for payment in relation to this procurement
although no work was carried out or no goods were supplied or no services rendered in
accordance with the specifications and any member of the public service who certifies the
claim commits an offence under the Anti-Corruption Act 1997.

DESIGN, CONSTRUCTION, COMPLETION AND COMMISSIONING OF EMIJ DEPOT Page 14 of 28

AT SEREMBAN
 INSTRUCTION TO TENDERERS

20.0 DUTY

Tenderers are to note that Malaysia is not a duty free country and are to include in their
Tender Proposal for all taxes and duties legally chargeable under Malaysian Law. All
Tenderers must be well versed with the current and relevant Surat Pekeliling Perbendaharaan
and Arahan Perbendaharaan, Ministry of Finance, Malaysia.

21.0 COMPLIANCE WITH LOCAL AUTHORITIES' AND RELEVANT AUTHORI'I'IES'

REQUIREMENTS

Notwithstanding the provisions of the Clause of the Conditions of Contract and Statement of
Needs, the successful Tenderer is required to consult and seek the approval of Local
Authorities and the relevant approving authorities prior to the actual execution of the Works at
Site and to produce evidence of such approval, if required by the S.O.. All costs to comply
with and provide such requirements shall be deemed to have been included in the Tender
Proposal and the Contract Sum.

- , - 22.0 DESIGN GUARANTEE - --- -

Design Guarantee shall be as per Clause 14.2 of General Conditions of Contract and shall be
five (5) years commencing from the Certificate of Practical Completion ("the Design
Guarantee Period").

23.0 RAIL TRANSPORTATION

Contractors are encouraged to utilise rail transportation to ferry related project materials to
site.

24.0 RECRUITMENT FOR EMPLOYMENT

Tenderers are strictly prohibited from enticing andlor recruiting any personlpersons currently
under the employment of KTMB to be under their employment for this project.

25.0 MAINTENANCE

The Contractor shall provide comprehensive maintenance for the Works for a period of
twenty four (24) months from date of Certificate of Practical Completion.

26.0 ADVERTISEMENT AND PUBLICITY

No information regarding this contract to be broadcast in any mass media or any

advertisement unless submitted and approved by the Government.

DESIGN, CONSTRUCTION, COMPLETION AND COMMISSIONING OF EMU DEPOT Page 15 of 28

AT SEREMBAN
 INSTRUCTION TO TENDERERS

APPENDIX 1
(Clause 2.1 and 16.4.3(iv) of the ITT is referred)

FORM OF ACKNOWLEDGEMENT OF TENDER DOCUMENTS

To:

The Secretary,

Tender Board Committee,

Ministry of Transport,

C/OFinance Department,

Corporate Headquarters,

lS'Floor, Keretapi Tanah Melayu Berhad,

Jalan Sultan Hishamuddin,

50621 Kuala Lumpur.

Dear Sir,

DESIGN, CONSTRUCTION, COMPLETION,, TESTING, COMMISSIONING AND MAINTENANCE

OF EMU DEPOT AT SEREMBAN -

-- ---- --

We confirm receipt of two (2) sets of the Tender Documents for DESIGN, CONSTRUCTION,
COMPLETION AND COMMISSIONING OF EMU DEPOT AT SEREMBAN

Signed

Designation :

Company

Date

DESIGN, CONSTRUCTION, COMPI-ETION AND COMMISSIONING OF EMU DEPOT Page 16 of 28

AT SEREMBAN
 INSTRUCTION TO TENDERERS

APPENDIX 2
(Clause 3.1.3 and 16.4.3(v) of the ITT is referred)

(Tenderer's letterhead)

Ref

Date :

The Secretary

Tender Board Committee

Ministry of Transport

c/o Finance Department

1'' Floor, Keretapi Tanah Melayu Berhad

Jalan Sultan Hishamuddin

50621 Kuala Lumpur.

TENDER FOR DESIGN, CONSTRUCTION, COMPLETION, TESTING, COMMISSIONING AND

-- ---MAINTENANCE OF EMU DEPOT AT SEREMBAN --

- Confirmation of Compliance

With reference to the above we hereby confirm our compliance to all Instruction t o Tenderers,
Statement of Needs, General Conditions of Contract, Special Conditions of Contract and
Technical Specifications as per Clause 3.1.3 of ITT.

Attached is the clause by clause compliance statement as per Appendix 11.

Thank you

..............................................

Signature (TENDERER)

Name : ...................................

Address : ................................

................................

................................

..................................

Tenderer's Chop :

Date : ...........................

Page 17 of 28
 INSTRUCTION TO TENDERERS

APPENDIX 3
(Clause 3.6 and 16.4.3(vi) of the ITT is referred)

TENDER FOR THE DESIGN, CONSTRUCTION, COMPLETION, TESTING, COMMISSIONING AND

MAINTENANCE OF EMU DEPOT AT SEREMBAN

FORM OF NON-COLLUSION CERTIFICATE

The essence of selective tendering is that the Employer shall receive bona fide competitive tenders from
all those tendering. In recognition of this principle, we certify that this is a bona fide tender, intended to
be competitive, and that we have not fixed or adjusted the amount of .the tender by or under or in
accordance with any agreement or arrangement with any other person. We also certify that we have not
done and we undertake that we will not do at any time before the hour and date specified for the return of
the tender any of the following acts: -

(a) communicate to a person other than the person calling for those tenders the amount or
.- - - approximate amount of the proposed tender, except where the disclosure, in confidence, of*-
approximate amount of the tender was necessary to obtain insurance premium quotations
required for the preparation of the tender;

(b) Enter into any agreement or arrangement with any other person that he shall refrain from
tendering or as to the amount of any tender to be submitted;

(c) offer or pay or give or agree to pay or give any sum of money or valuable consideration directly
or indirectly to any person for doing or having done or having caused to be done in relation to
any other tender or proposed tender for the said work act or thing of the sort described above.

In this certificate, the word "person" includes any persons or any body or association, corporate or
unincorporated; and any agreement or arrangement includes any such transaction, formal or informal
and whether legally binding or not.

Yours faithfully,

for and on behalf of [ Tenderer's Name ] Witnessed by:

Name : Name :

Title : Title :

Date : Date :

'

Page 18 of 28
 INSTRUCTION TO TENDERERS

APPENDIX 4
(Clause 4.l(ii) and 18.0(iv) of the ITT is referred)

CONTRACT NO: KPIKTMI......12010

BANK GUARANTEE AGAINST ADVANCE PAYMENT (WORKS)

IN consideration of the Government of Malaysia (herinafter called "the Government") having agreed to
make advance payment in accordance with terms and conditions of the contract formed pursuant to a
tender advertisement made by the Government dated ...............................calling for tenders by
the offer of ......................................................... (herinafter called "the Supplier") dated
................... and the acceptance thereof by the Government of Malaysia dated .................... and
subject to such new terms and conditions, if any, made by the Government and accepted by the
Supplier on ................ Provided that if a formal contract is drawn up subsequently, in accordance
with the terms and conditions of such formal contract, for
........................................................................................... (herinafter called "the Supply").
WE, the undersigned, at the request of the Supplier, irrevocably undertake and guarantee to the
Government that:

1. We shall pay the Government free of interest, the sum of Ringgit Malaysia:
- .............................................. (RM.. ..........................) the advance payment-mentioned-
above representing fifteen percent (25%) of the value of the said contract sum, or such part
thereof as shall not have already been recovered by the Government pursuant to Clause 3 or
4 hereof and such sum shall be paid on the Governments demand not withstanding any
contestation or protest by the Supplier or by ourselves or by other third party.

2. Any concession or indulgence given by the Government to the Supplier or any agreement
between the Government and the Supp!ier or any alteration in the obligation undertaken by the
Supplier or forbearance given by the Government to the Supplier whether as to payment, time,
performance or otherwise shall not discharge us from this Guarantee but we shall be entitled to
be informed of such arrangements or alterations.

3. Subject to Clause 4, our responsibility for paying the said sum Ringgit Malaysia:
........................................................... (RM ....................... ) shall be automatically
reduced by the amount or amounts of any payments made by us to the Government in respect
of this Guarantee.

The said sum which we guarantee to pay the Government shall be reduced automatically in
proportion to deductions made by the Government out of the progress payments due to the
4. Supplier for repayment of the advance payment so made. This Guarantee shall be cancelled
immediately after the whole of the advance payment have been realised through payments by
us or through deductions made out of the progress payments due to the Supplier, or after the
expiry of the period mentioned in Clause 5, whichever is earlier.

5. This Guarantee will expire at the end of one calendar year after the completion date of for the
Supply as stated in the contract or any authorised extension thereof after the determination of
the contract whichever is the earlier. Claim, if any, must be received by the Guarantor within
the period of Guarantee.

Given under our hands this ............ day of ............... 20 .......

Signed for and behalf of the Guarantor.

Name: ......................................................

Designation: ..............................................

Banker's Chop:

In the presence of: ......................................

Name: ......................................................

Designation:

Page 19 of 28
 APPENDIX 5
(Clause 4.2(a) and 18.0(iii) of the ITT is referred)

BANK GUARANTEE FORlVl FOR PERFORMANCE BOND (WORKS)

THIS AGREEMENT is made the .............................day of

.................... 20..................... BETWEEN............................................................................ (insert name
of Bank) of........................................................ (insert principal address of business of Bank)
(herein after called the "Guarantor " ) of the one Part and Government of Malaysia (hereinafter called
the "Government " ) of the other Part).

WHEREAS

1. In consideration of the Government allowing ...............................................................

(hereinafter referred to as "the Contractor ") to .................................................................... (State title
of the Project) for a Contract Sum of Ringgit Malaysia:
................................................................................................... (state the amount in words) (RM:
..................................................................... ) WE, the undersigned at the request of the Contractor
irrevocably undertake a guarantee to the Government that:-
- - .
2. The Guarantor has agreed the due performance of the Contract in the manner hereinafter
appearing.

- Now the Guarantor hereby agrees with the Government as follows:-

I. On the Government's first written demand, the Guarantor shall forthwith pay to
the Government the amount specified in such demands not withstanding any
contestation or protest by the Contractor or Guarantor or by any other third party and
without proof or conditions. Provided always that the total of all demands so made
shall not exceed the sum of Ringgit Malaysia
...............................................................................................(state the amount of bond
in words) (RM ................................................) and the total amount recoverable
against the Guarantor under this Agreement shall not exceed the said sum.

II. The Government reserves the right to make any partial demands if it shall so
desire and the total of all such partial demands so made shall not exceed the sum of
Ringgit Malaysia
......................................................................................................................................... (
state the amount of bond in words)
(RM............................................................................ ) and our liability of the Guarantor
to pay the Government the aforesaid shall correspondingly be reduced proportionate to
any payment of partial demands having made by the Guarantor.

Page 20 of 28
 .uag!JMaAoqe
l s ~~
y eaApue Aep aql spueq J!aqllas olunaJaqaheq olaJaq sa!ped aqljo3t13HM SS3NlIM NI

'6u!puelqno 6u!u!eua~uaql pequo3 aql Japun

alqelCed shauou paypads Aed 04 ~ u ! ~ ! Ju!MJolueJen3 aql uodn palle3 aheq A(sno!haJd
--
I I ~-
-- a 3q ~ p qwl a v a a y 01
l Yu a~ u ~ ~ a n o ~ ahes-aq L e u aql se ales h!dx3 papua_?!3_ _ -
aql JO ales h!dx3 le!yul aql uo l u a u a a ~ 6 vs!q$jo uo!leu!uJa$apaql uodn asea3 Ileqs
) u a u a a ~ 6s!ql~ Japun JolueJen3aqljo sa!y!l!qell pue suo!ge6!lqo JaAaosleyM 1 1 ~ 'A
..............................................................................

wt1)
(SPJOMU! PuOa 4o lunoue ................................................................

....................................................... ....e!sAeleyy y66u!d 40 u n s p!es aql paaz~xaIOU

lleqs ~ u a ~ a a J s!q$
6 y Japun 01 pall!gua aq lleqs JuauuJaho3 aql leql lunoue ale6a~66e
u n u ! x e u a q l 'papuava os aq lleqs aalueJen3 aql pue (,, ales h!dx3 papuayq ,, aql
se 01 paJJajaJJage u!aJaq) alea h!dx=~le!l!ul a41 ~ O J JeaA J ~epuale3(1) auo 40 po!Jad
Jaqvnj e JOJ ales h1dx3 le!yul a44 puava luauuJaho3 a q l j o lsanba~aq$ uodn lleqs
aalueJen3 a q l 'uo!geu!uJalaa 40 ales aql Jaye ~eaA~epuale3(1) auo 'pau!u~alap
6u!aq p e ~ l u o 3aq$ l o ase3 aql u! JO pequo3 aql u! pa$els se poyad Al!l!qe!i s13a4aa
aql 40 alep h!dxa aq) Jage sqluou Jepuales, (p) Jnoj 40 po!Jad e 40 pua aql 6u!aq
(,, a)ea h!dx=~Alle~!ul,,aql se 01 paJJa4aJ ~ a y e q a ~ a q.......................................
) I!lun
pa443 pue a3~04 u! u!euaJ Alle!g!u! lleqs pue a(qes,oAaJJ! aq lleqs l u a u a a ~ 6 y
s!q1 -aalue~en66u!nu!guo3 e s! JolueJen3 aql Aq uah!6 aalueJen3 a q l ' ~ 1
.as!maqlo JO a3ueul~oyad' a u g 'luauAed ou se ~ a q ~ a 'ame~eaq~oj
q ~ Aue
Aq
JO ~ o p e ~ l u aql
o 3
Aq uayevapun sua!le6!lqo ayl u! uo!geJaqe hue Aq JO aalueJen3 aqljo
luasuo3 aql lnoql!M JO q q JuauuJaho3
~ aql pue JopeJluo3 aql uaawaq ~ U ~ U ~ ~ U I ? J J ~
Aue Aq aajueJen3 aql UOJJ pasealaJ JO pa6~eq3s!paq IOU Ileqs JolueJen3 a q l '111
 APPENDIX 6
(Clause 15.2 and 16.4.3(vii) of the ITT is referred)

SITE VISIT CONFIRMATION FORM

To:

Secretary,

Tender Committee,

C/OFinance Department,

Corporate Headquarters,

First Floor, Keretapi Tanah Melayu Berhad,

Jalan Sultan Hishamuddin,

50621 Kuala Lumpur.

Dear Sir,

- - DESIGN, CONSTRUCTION,
-- COMPLETION, TESTING, COMMISSIONING AND MAINTENANCE
-- - --- - -

OF EMU DEPOT AT SEREMBAN

we, hereby confirm that we

have visited and examined the site and surrounding areas. We have also taken all other measures to
satisfy ourselves as to the requirement of the Tender and the Contract. We understand the full nature
and scope for the Works which we are required to perform and the various peculiarities of the site
which are likely to influence the costs of and the time period necessary for implementation of the
Contract.

The definitions in the Tender Document shall apply mutatis mutandis herein.

Signed

Designation :

Company

Date

Page 22 of 28
 APPENDIX 7
(Clause 15.4 (iv) of the ITT is referred)

DESIGN, CONSTRUCTION, COMPLETION, TESTING, COMMISSIONING AND COMMISSIONING

OF EMlJ DEPOT AT SEREMBAN

REQUEST FOR CLARIFICATION

TENDERER

CLARIFICATION NO

SUBJECT

REFERENCE CLAUSE
- -- --- - --- - - -

TENDERER'STEMEN
:

Date :

GOVERNMENT'S RESPONSE

Date :

Page 23 of 28
 APPENDIX 8
(Clause 16.4.2 of the ITT is referred)

CHECKLIST OF INFORMATION FOR MANDATORY REQUIREMENTS

Tender No.KTMB/TC/... .I2010

A. MANDATORY REQUIREMENTS

I ITEM I DESCRIPTION ( ENCLOSED 1

1. A copy of the Company's account
2. A copy of monthly Bank Statement
I
I 3.
-
1 A copy of Bank IFinancial Institution Financial Report or Form CC I i
5. Form TFI - Project S.O.'s Report
p,6,.~~.~ Eorm-TB - - -. - - - - ------ ~~ -- ~

Tenderers who fail to produce the above required documents shall be

disqualified.

Signature (Tenderer) : ......................................

~enderer'sChop

Date :

Page 24 of 28
 APPENDIX 9
(Clause 16.4.1 and 16.4.3 (xiii) of the ITT is referred)

CHECKLIST OF INFORMATION FOR COMMERCIAL PROPOSAL

Tender No.KTMB/TC/...,12010

B. COMMERCIAL PROPOSAL

ITEM DESCRIPTION ' ENCLOSED

YESIN0
- -

1.0 Cover letter bearing the Tenderer's legal name and address attached to the
COMMERCIAL PROPOSAL of the Tender Documents.

1
2.0 List of all documents incorporated in the Commercial Proposal and Index of
the contents therein. All documents shall be bound together and no loose
I documents will be accepted.
~ - -

3.0 ( 'Power of Attorney' affidavits together with Agreement of Association and any I
other documents necessary to authenticate its Tender Proposal.
4.0 The Non-Collusion Certificate as set out in Apendix 3 of lnstruction to
- - - -Tenderer.__ -_ - -- - - - - -
- - - -
- - - --- -
-- -

5.0 Confirmation of Compliance as per Appendix 2 and Clause by Clause

'
Compliance to all lnstruction to Tenderer, Statement of Needs, General
Conditions of Contract and Technical Specifications as per Append~x11.
6.0 All pages with regards to Contract Sum Analysis for all items and summary
with endorsement on each page by the Tenderer.
A comprehensive Schedule of Rates for all items stated In the Contract Sum
Analysis and any other items the Tenderer considers necessary to include
7'0 and shall be endorsed on each page by the Tenderer.
8.0 Programme of Works.
9.0 Schedule of Information for the Commercial Proposal.
(a) I Form CA
(b) Form CB
(C ) Form CC
(d) Form TA
(e) FormTB
(f) , Form TF1
10.0 Form of Acknowledgementof Tender Documents as per Appendix 1 of
lnstruction of Tenderer.
11.0 Form of Tender

Signature (Tenderer) : .....................................

Tenderer's Chop

Date : ...........................

Page 25 of 28
 APPENDIX 10
(Clause 16.4.1 and 16.4.4(vi) of the ITT is referred)

CHECKLIST OF INFORMATION FOR TECHNICAL PROPOSAL

Tender No.KTMBTTCI... ..I2010

C. TECHNICAL PROPOSAL

ITEM DESCRIPTION ENCLOSED

YESlNO
1.0 (a) Proposal Programme covering the whole of the Contract Period and
showing all Schedule Dates.

3.0 Other technical information required, including all desigrls, layout,

plans, calculations, specifications and everything else necessary as
1
I

1 specified in statements of Needs and ~echnical-specifications.-

4.0 1 List of drawings,
- which the Tender will issue during - th econtract Period 1
.. )~ .~and~the~othec~of-issue-of-such..together-with-aSchedule-of-dates~------
Confirmation of Compliance and Clause by Clause Compliance to all
5.0 Instruction to Tenderer, Statement of Needs, General Conditions of
Contract and Technical Specifications as per Appendix 12.
6.0 List of documents incorporated in the Technical Proposal and index of
the contents therein. All documents shall be bound together and no
loose documents will be accepted.
7.0 Schedule of Information for the Technical Proposal. -
la) 1 Form TC
(b) Form TD
( c ) Form TE
(d) Form TF
(e) Form TG

(9 Form TH

(g) Form TI
(h) Form TJ

Note :
Tenderer's attention is drawn to the following of clause 16.3 of the I-m:

(a) NO PRICE SHALL APPEAR IN THE TECHNICAL PROPOSAL.

(b) THE NAME AND IDENTITY OF THE TENDERER SHALL NOT BE
IDENTIFIED ANYWHERE IN THE TECHNICAL PROPOSAL.

Page 26 of 28
 APPENDIX 11
(Clause 16.4.3 (xiv) of the ITT is referred)

COMPLIANCE CLAUSE BY CLAUSE

Tenderer are to state Compliance Clause by Clause on the Instruction to Tenderer, Statement
of Needs, General Condition of Contract, Special Conditions of Contract and Technical
Specifications.

1 SECTIONS I CLAUSE NO. 1 COMPLYlNOT COMPLY REMARKS

Signature (Tenderer) : ...............................................

Tenderer's Chop :

Date : ..................................

Note: Tenderer's to provide additional pages if necessary.

Page 27 of 28
 APPENDIX 12
(Clause 16.4.4 (vii) of the ITT is referred)

COMPLIANCE CLAUSE BY CLAUSE

Tenderer are to state Compliance Clause by Clause on the Instruction to Tenderer, Statement
of Needs, General Condition of Contract, Special Conditions of Contract and Technical
Specifications.

1 SECTIONS 1 CLAUSENO. 1 COMPLYINOT COMPLY REMARKS

Signature (Tenderer) : ...............................................

Date : ..................................

-
Note: Tenderer's to provide additional pages if necessary.

Page 28 of 28
 \MA f TENDER SECRETARlAT b

GOVERNMENT OF MALAYSIA

MINISTRY OF TRANSPORT

TENDER DOCUMENT

FOR

DESIGN, CONSTRUCTION, COMPLETION, TESTING,

COMMISSIONING AND MAINTENANCE OF EMU

DEPOT AT SEREMBAM

TENDER NO : KTMB /TC 37 / 2010

 GOVERNMENT OF MALAYSIA

MINISTRY OF TRANSPORT

TENDER DOCUMENT

FOR

DESIGN, CONSTRUCTION, COMPLETION, TESTING, COMMISSIONING AND

MAINTENANCE OF EMU DEPOT AT SEREMBAN

SECTION CONTENTS

1 INSTRUCTIONS TO TENDERER

2 FORM OF TENDER

SCH-EDULESOF INFORMATION FOR

COMMERCIAL PROPOSAL

SCHEDULES OF INFORMATlON FOR

TECHNICAL PROPOSAL

CONDITIONS OF CONTRACT

SPECIAL PROVISION CONDITIONS OF CONTRACT

LETTER OF ACCEPTANCE

FORM OF AGREEMENT

STATEMENT OF NEEDS

CONTRACT SUM ANALYSIS AND SUMMARY

SCHEDULE OF RATES

SCHEDULE OF PAYMENT

TECHNICAL SPECIFICATIONS

DRAWINGS