TENAGA NASIONAL seenao INSTRUCTIONS TO TENDERERS TABLE OF CONTENT: Clause Description Page 1 GENERAL = 2 TNB'S PROCUREMENT CODE OF CONDUCT 3__TENDER SUBMISSION 3.1 REGISTRATION 32 PROJECT PERSONNEL 33 EXPERIENCE 34 FINANCIAL STRENGTH 3.6 JOINT VENTURE PARTNERSHIP. 3.7 TEMPORARY SUSPENDED EQUIPMENT 3.8 SUPPORTING DOCUMENTS. 4 LANGUAGE OF TENDER 6 CONFIDENTIALITY OF DOCUMENT 6 TENDER BRIEFING AND SITE VISIT 7 TENDER DOCUMENTS AND PREPARATION OF TENDER 8 PRICING OF TENDER 9 1 TENDER DISCREPANCIES AND ARITHMETICAL ERROR 10 0 INSURANCES " 42___TENDER ENQUIRIES = "43 ADDENDUM TO TENDER 1 14 DELIVERY OF TENDER DOCUMENTS 2 18 THE TENDERER SHALL BE DULY INFORMED 13 46 EVALUATION OF TENDER 13 17 TENDER CLARIFICATION 13 18 NOTIFICATION OF AWARD 1“ 19 TENDER WITHDRAWAL 14 20 RIGHTS TO REJECT TENDERS — 21 ALTERNATIVE OFFER 18 ‘TNBT 803613TENAGA NASIONAL seenan INSTRUCTIONS TO TENDERERS 4. GENERAL These Instructions To Tenderers (hereinafter referred to as “ITT’) shall not form part of the contract for the successful Tenderer. The purpose of this ITT is to help the Tenderer to complete its Tender and to notify the Tenderer of the requirements of this Tender, so that the Tenderer can offer a fair and competitive price to Tenaga Nasional Berhad (hereinafter referred to as "TNB") and to fully understand the requirements of TNB under this Tender. Failure to comply with the requirements stated herein, TNB reserves the right to reject the Tender. The Tenderer is presumed to have a copy of FIDIC General Conditions For Plant And Design-Build, First Edition 1999, Ref: ISBN 2-88432-023-7 (Yellow Book), for the purpose of preparing the Tender etc. The Tenderer may purchase the Yellow Book from the following address: Office of Association of Consulting Engineers of Malaysia (ACEM) 63-2 & 65-2, Medan Setia 1, Damansara Heights 50490 Kuala Lumpur Tel: 03-20950031/0079/0158 Fax: 03-20953499 Or purchase on-line through FIDIC website at http://www.fidic.org/ ifthe Tenderer-has any doubt as to the meaning of any portic of the Conditions of Contract, 342 ——= allowed to make an offer based on his own terms and conditions that clearly do not comply with the Employer's Requirement (ER) and Conditions of Contracts as stated in the Tender. NB shall_not reimburse any expenses incurred by the Tenderer in inspecting the site, preparing the Tender and any other related expenses, This Tender employs the two-envelope procurement method, 2. TNB'S PROCUREMENT CODE OF CONDUCT 2.1 All Tenderers shall be subjected to TNB's Procurement Gode of Conduct. Please refer to TNB Website www.tnb.com.my for further detail on TNB’s Procurement Code of Conduct,Frye NASIONAL aeenan 3. TENDER SUBMISSION ____3.1___ REGISTRATION. The Tenderer's company or at least ONE partner in a Joint Venture shall be registered with TNB, Construction Industry Development Board (hereinafter referred to-as "CIDB") and *Pusat Khidmat Kontraktor" (hereinafter referred to as "PKK") follows: PKK = Class 1, Head Vil, Sub Head 10 (a) & (b) or CIDB : Grade G7, Category ME, Specialization E05 The registration shall be valid on tender closing date. Z 3.2 PROJECT PERSONNEL The Tenderer is required to nominate at least one project manager and one site supervisor to work full time on the Contract. 3.3 EXPERIENCE The Tenderer shall possess necessary technical experience to qualify for this Tender. The tenderer, or at least one partner of a joint venture bid, must have successfully executed at least ONE contract as Main Contractor or Sub-contractor, bays of ver) J the last 10 years, 3.4, 3.44 FINANCIAL STRENGTH ‘The Tenderer shall possess adequate financial capability and resources to complete the project in accordance with the Employer's Requirements and by the required Time for Completion. For this Tender, the minimum requirements of financial strength indicators are: a) __The total Shareholders’ Fund of the Tenderer for the last year shall be Positive, and b) The total net worth of all partners, using the average value taken from Audited Financial Statement for the year 2010 and 2011 or later shall be at least RM 4,800,000.00 For the calculation of Shareholder’s Fund and Net Worth, the following formula is to be used Shareholders’ Fund = Share Capital + Share Premium + Retained Earnings - ‘Amounts Owing from Shareholders Net Worth = Total Asset — Total LiabilitiesTENAGA NASIONAL sennan For companies registered with PKK with Bumiputera status, amount of bank facilities shall be considered for calculation of net worth. sompany shall bs the average net worth as stated in the idited-Fi 40-and-2044,or late 3.4.3 For Tenderer who is JV partnership or /.and with Parent Company Guarantee Letter, the combined financial strengths of all companies will be used. 3.5 JOINT-VENTURE PARTNERSHIP. 3.5.1. The Tenderer participating on a joint-venture basis shall comply with or submit the, following a) Atleast ONE partner shall be registered with PKK and TNB b) __Allpartners shall be registered with CIDB c) Partners of the joint-venture shall be from locally incorporated companies only d) Each pariner of the joint-venture shall submit a declaration of litigation dated within 3 months before Tender closing date in the form of an affidavit taken under oath in front of a Judge, Magistrate or Commissioner for Oath e) To submit a certified true copy of the agreement entered into by the joint- venture partners detailing their partnership. The Joint-Venture Agreement (hereinafter referred to as "JVA") shalll be executed and stamped in Malaysia ——before—Tender-closing-date.-A-"Memorandum- of. Understanding’. (hereinafter referred to as "MoU’) shall not be acceptable as a replacement of the JVA between the concemed parties f) The JVA shall also detail out each partner's roles and responsibilty in the execution of the contract. Standard minimum requirements for JVA are as iii, Correspondence address for any correspondence related to this Tender including telephone and fax numbers iv. The composition of the joint-venture and provisions of the JVA shall not be changed without prior written approval of TNB v. Agreed proportion of the obligations in the Works vi. Continuing obligations to TNB in the event of conflict or dispute vi, Term of the JVA (the term of the JVA shall cover the whole period to complete the works and preferably to have a grace period to be determined by the parties) The Tenderer shall refer to the attached Sample Form of JVA as a guide in drafting the JVA a) The Letter of Tender (hereinafter referred to as "LOT’) shall be signed either by the leading partner or all partners. The nominated leading partner shall be the one who holds. the registration for PKK under Class | Head Vil Sub Head 40 (a) & (b) registration or CIDB under Grade G7, Category ME Specialization E05.TENAGA @ NASIONAL sernao 3.6 MANDATORY. REQUIREMENTS. OF OFFERED. PRINCIPAL. ITEMS. OF PLANT (PIOP) 3.6.1 The following equipment is to be referred to-as Principal Items of Plant (hereinafter —____ Teferred toas"PIOP")= a) 500kV, 275kV, 132kV and 33kV-AIS Circuit Breaker, Disconnector & Earth witch, Surge Arrestor, Current-Transformer, Inductive Voltage Transformer. Capacitor Voltage Transformer, Capacitor Bank and Reactor, b) _275kV, 132kV and 33kV GIS, cc) 33kV-and 17kV Switchgear, d) Transformers, e) Neutral Earthing Equipment, f) Substation Control System (SCS) and Remote Terminal Unit (RTU), g) Battery & Charger, h)___275kV &132kV Power Cable, Sealing Ends, Joints and Fibre Optic Cable. i) Overhead Lines Towers, j) Overhead Lines Insulators, Line and Insulator Fittings, k) Overhead Lines Conductor, |) Overhead Lines OPGW, ADSS Cable and Fittings 3.6.2 The term PIOP does not necessarily have the same meaning as the terms main component / equipment or major / equipment as referred to by the specifications. 3.6.3 The Tenderer shall offer only one (1) manufacturer for each PIOP. If more than ‘one manufacturer is offered, the Tender shall be rejected. 3.6.4 The following requirements are mandatory for all PIOPs: a) The manufacturers. of PIOP_ shall: have at least five (5) years'-experience in \e-design,- manufacture-and-supply-of simila ie-same or higher. Equipment offered from a new factory of a manufacturer already accepted in TNB (excluding ‘under license’ manufacturer) that does not have five (5) years manufacturing experience is acceptable subject to the followings: a Shall have at least three (3) years of manufacturing experience (ii) Passed quality audit on the new factory by TNB or an independent third party auditor appointed by TNB (ii) With additional Quality Guarantee from principal OEM. b) The PIOP offered, or similar equipment of the same voltage level or higher from the same manufacturer, shall have at least three (3) years of successful ‘commercial operation outside the country of origin. ©) The Plant and Material shall comply with the type test requirements in accordance with Substation Product Testing and Inspection Volume 2 (B). Only type tests report from TNB approved laboratories or manufacturer's laboratories accredited to ISO/IEC17025 are acceptable. The list of approved laboratories is attached in Volume 2(A)mass NASIONAL sernan 3.6.5 ———— For_imported PIOP_which has been installed in TNB’s system, —and- locally manufactured PIOP, if the manufacturers and the PIOP do not fulfill any of the N - of acceptance.of the Tender. 1e Tenderer shall agree with the following a) __ To give an extended corporate guarantee of at least five (5) years after the —~end of Defect Notification Period for the PIOP and accessories supplied uncier 3.6.6 b) To perform Type and / or Special Tests if necessary For power transformer and reactor, the equipment shall already posses a Type Test certificate of Complete Type Test by a TNB approved testing laboratories or manufacturer's laboratories accredited to ISO/IEC17025, OR, a. If the equipment is fully type tested by STL or independent accredited lab for similar equipment within the same voltage class, to accept with condition: * To conduct full type tests at TNB approved testing laboratories or manufacturer's laboratories _and_—witnessed by TNB__personnelor representative appointed by TNB after contract award, + To perform design review as per Employer's Requirements + To furnish Extended Corporate Guarantee for 5 yrs after the end of Defect Notification Period for equipment that has never been accepted in TNB. b. For imported equipment that has been acceptediused by TNB or locally 3.6.7 3.6.8 3.6.9 ISOMNEC17025 and witnessed by TNB personnel or representative appointed by TNB after contract award. If the Tenderers offer Plant and Materials which conform to standards other than those specified. in the Employer's Requirements, full details of the differences between the proposed standard and the specified standards in so far as they affect the design, testing and performance of the Plant and Materials are to be submitted with the Tender. These would only be considered if the proposed standard is higher than the specified standards Each manufacturer or local agent of every PIOP offered in this Tender shall provide after sales service, ‘The manufacturer of each PIOP shall declare and undertake to comply with the Employer's Requirements as specified and intended in a letter, in accordance with the "Sample Letter of Compliance with Mandatory Requirements from Manufacturer of PIOP” as attached. Tenderer shall submit the Letter of Compliance with Mandatory Requirements from Manufacturer of PIOP together with the Tender.3.6.10 In addition, the manufacturers are required to provide the following information in the above letter: e techni Malaysie-forthe offered PIOP, hment & Years of Manufacturing Experiences, and ) _|SO certifications (if applicable) 3.6.14 Plant and Material that are mandatory to be locally manufactured are listed in Sub-—— Clause 3.1 of General Requirements in Volume 2(A) of the Employer's Requirement. 3.6.12 For others equipment, preference shall be given for locally manufactured Plant and Material as listed in Sub-Clause 3.3 of General Requirements in Volume 2(A). For tender evaluation purposes, the tenderer who opted to offer imported equipment over local equipment shall be imposed ‘local product preference loading’. 3.6.13 The Tender shall be rejected if any of the PIOP does not fully comply with the eer gre ae USES eee. 3.7 TEMPORARILY SUSPENDED EQUIPMENT __3.7.1._TNB has temporarily suspended the following equipment: a. Capacitive Voltage Transformer (CVT) manufactured by Trench, Canada. b._ Battery manufactured by Berkat Insaf (M) Sdn, Bhd, and Gabungan Sumber Tenaga Sdn. Bhd. c. 90MVA 132/33kV Power Transformer manufactured by Xi'an XD, China. d. 182kV Circuit Breaker manufactured by Crompton Greaves Limited, India. 3.8 SUPPORTING DOCUMENTS The Tenderer is required to submit the following documents to support his submission:- (1) Company Supporting Documents: a) Certificate of Incorporation b) Form 24 c) Form 49 d) Form 324 e) For tenderers having a shareholder in the form of a company, the Forms 24, -49-and 324 of the holding company shall-also-be submitted, 1) Form of Annual Returns 9) PKK’s Registration which shall be valid on tender closing date and shall remain valid throughout the time for completion. h) CIDB's Registration which shall be valid on tender closing date and shall remain valid throughout the time for completion. i) _ TNB's Registration which shall be valid at tender closing date& TENAGA NASIONAL ernan i) Evidences of experiences i.e Letter of Acceptance (LA) or Purchase Order (PO) of a Contract executed by a partner, of a 110KV or higher substation with minimum size of two (2) bays, involving in the design, erection_and. he work wilt be considered k) Taking Over Certificate (TOC) or Completion Certificate (CC) of a Contract, of @-110kV or higher_substation with minimum size of two (2) bays, involving in the design, erection and commissioning works = 1) Each partner of the joint-venture shall submit a declaration of litigation dated within 3. months before tender closing date in the form of an affidavit taken under oath in front of a Judge, Magistrate or Commissioner for Oath m) Audited Financial Statement for 2010 and 2011, or later, or bank statements for the last three (3) months i n) Letter of credit facilities issued by banks, stating the current balance of facilities (unutilised credit facilities) available to the Tenderer ©) Bumiputera status issued by PKK P) Company Profile consisting of i) Management Team ii) Company Organization Structure List of names and designation of company personnel iv) Main activities and related projects undertaken ~~ v) Curriculum vitae of key personnel vi) Reference Letter from Employers vil) -Reference-ist-projects-completed-and—undertaken- detailing Contract Number, Description of Contract, Owner, Contract Value, Completion Status, Date of Award and Date of Completion q) The latest Borang A KWSP of the company 1) 1SO certification (if applicable) (2) Equipment Supporting Documents i) Letter of Compliance with Mandatory Requirements from the Manufacturer of ‘each type of PIOP offered. ii) Reference List of imported PIOP. The list shall detail actual model installed (rating specific), country of manufacturer, user, substation name and country installed, units installed and month and year of actual commercial operation. Incomplete list may result in the rejection of the offered PIOP. ili) Valid Type Test Certificate or Report of each type of PIOP offered 4. LANGUAGE OF TENDER 4.1 The ruling language shall be English. However, the language for communication shall be English and Bahasa Melayu. Supporting documents and printed literature furnished with the Tender shall be in English or Bahasa Melayu. 4.2 In cases where the supporting documents and printed literature are in languages other than English and are accompanied by translations in English, then for the Purpose of interpretation and evaluation of the Tender, the English translations shall prevailTENAGA NASIONAL asanao 5. CONFIDENTIALITY OF DOCUMENT = = 5.1 The Tenderer shall_treat_the documents including all details as private and confidential, irrespective whether he submits the Tender of not jalion, comparison and award of the Tender will be disclosed to the Tenderer or any other persons not officially connected with the Tender adjudication process 6.3 Any effort by a Tenderer to influence TNB or its authorised representative in the process of the examination, clarification, evaluation and comparison of the Tender or in the decision pertaining to the award of the Contract may result in-the rejection of his Tender. 6.__ TENDER BRIEFING AND SITE VISIT 6.1 Site visit is mandatory. The date and time of the site vi ——<= advertisement. Failure to comply with this requirement shall result in the Tender being rejected. 6.2 The number of participants per Tenderer shalll be limited to 3 persons. It is mandatory ~—for the participants to register their attendance with TNB representative on the day of the site visit. 6.3 The Tenderer who wishes to participate in the site visit shall provide safety helmet and safety boots to be worn by his personnel(s) who are attending the site visit. Personnel who fail to don the said Personal Protective Equipment (PPE) may be denied entry to the site. Participants shall exercise reasonable precautions while at 6.4 TNB will not defray any expenses incurred in connection with the site visit. The Tenderer shall_make their own arrangements for transport, accommodation and insurance for the site visit, 7. TENDER DOCUMENTS AND PREPARATION OF TENDER 7.1 The Tenderer will be issued with Tender Documents which consist of:- Volume t = Letter Of Tender = (Financial ‘Appendix To Tender Proposal) Particular Conditions of Contract & General Conditions of Contract for Plant and Design-Bulid First Edition Integrity Statement Schedule of Prices Volume 2(A) - General Requirements (Employer's Technical Specification (Schedules) Requirement) Tender Drawings Specifications (Switchgear) ‘Commissioning ProcessCFP FEE as ue Volume 2(B)__- Specifications (Civil Work) (Employer's Project Safety Requirement Requirement) (Technical Tenderer's Particular, Experience and Project Organization Proposal) Proposed Project Team — = — 7 Technical Schedule (Switchgear Technical Specification) 73 The following documents of the Tender shall be filled and completed entirely. Failure to comply with this requirement, the Tender shall be rejected. a) Letter of Tender b) Schedule of Prices (All Schedules) ©) Schedule of Mandatory Requirements of Tenderer d) Schedule of Technical Particulars and Guarantees It is mandatory that each of the following and duly completed Volumes of the Tender Documents and the Addenda to be submitted in the manner specified in para 14 a) jolume 1 b) Volume 3 74 0) Addenda (if any) ~ The Tenderer shall regard his Tender Document as the contract document at all times to avoid mistakes during preparation of the Tender. jens. The Tenderer shall-completely_filin the-blanks-in-the schedule inr permanent and clearly ——————egible-handweiting- The schedule -shall-contain-specific information /-data-as intended 76 84 82 and shall not contain any references to other documents. Any corrections in filing in the schedule shall-be strikethrough and initialed. No-erasing in-any form shall be allowed. The Tenderer is particularly directed not to alter the Tender Documents in any way. The Tender Documents must be submitted in their entirety without detachment of any pages therefrom. In particular, the Tenderer must submit the purchased Tender Documents and not photocopies. Appendices (clarification, addendum, supporting documents etc) may be attached in loose form. PRICING OF TENDER All bids shall be made entirely in Ringgit Malaysia (RM) Tenderers shall incorporate risk of fluctuations in foreign exchange rates into the Tender Price. The total tender price quoted by the Tenderer shall be stated in the Letter of Tender. The Tenderer is particularly directed to note that the amount entered in the Letter of ~ Tender shall be for performing the Contract strictly in accordance with the Employers 9TENAGA NASIONAL serna0 Requirements_and_ Conditions of Contract-and-shall-be-the-grand-total-of the respective sub-totals entered in the Schedules of Prices. ‘shalrgovern, 8.6 —Should-the-Tenderer-wish—to-offer—a-final-price-discount-when-all-prices-in-the-—— mentioned in their covering letter which shall be submitted together with the Tender Documents. Only lump sum and percentage of total discounts shall be used in tender -__ evaluation and conditional discounts shall not be considered. For the purpose of payment, a lump sum discount shall be pro-rated to the nearest RM 0.01 on all unit rates for the particular schedules. 8.7 —In-order-for-the-discount-(if-any)-in-para-8:6-above-to-be-appropriately-taken- into account in the n.in-one-of the following forms.and——_____ shall be devoid of any conditions. Only the following discounts are acceptable:- a) Assingle lump-sum discount offered with respect to a particular Schedule shall be taken as a whole ‘irrespective of the quantities of works done on that schedule, or by A single Tump-sum discount offered with respect to a specific item in the Schedule shall be taken irrespective of the quantity of work done on that pecific-item, oF ©) A lump-sum discount when offered without specific references to the = ‘Schedules shall be construed to be applicable on a pro rata basis to each and every one of the itemised prices 89 The Tenderer is required to submit realistic rates in their Tender, Any gross deviations-from-the-prevailing-market- rates or_unethical- manipulations to take advantage of the weaknesses in the tendering system may render the Tender to be deemed as not responsive and can. result in the rejection of the Tender or rationalization of the rates may be imposed as a condition of award. 8.10 TNB does not bind himself to accept the lowest or any Tender nor to assign any reason for the rejection of any Tender. 9, TENDER DISCREPANCIES AND ARITHMETHICAL ERROR 9.1 Where there is a discrepancy between the unit price and the sub-total amount derived from the multiplication of the unit price and the quantity, the unit price quoted shall- govern: = = = 9.2 The Tenderer shall ensure that the Tender price submitted is correct. Should the Schedule of Price contain arithmetical error of more than 0.5% of the amount stated in the Letter of Tender, the Tender may be rejected. 10Gees NASIONAL seeuan 9.3 _TNB reserves the right to make amendment to any arithmetical error in the Tender. The Tenderer will be required to correct the same but the Tenderer shall not be 10. INSURANCES .e-Tenderer-shal terprise isk Management (EWRM) Department, Level 9, Wisma TNB, Jalan Timur, 46000 P.Jaya, Tel: 03-7620 0170, on the = requirement of insurances for the project such as premium to be paid, excess and insurance policy. 41, TENDER VALIDITY PERIOD sha’ in.val jection fora of 180 days from the date specified as the closing date of the Tender. 11.2 In exceptional circumstances, prior to the expiry of the original Tender validity period, TNB may request for an extension in the period of validity: Such request and the response thereto shall be made by facsimile or letter 11.3 _ If the Tenderer agrees to the extension of the validity, then the original offer in the ‘ender-(such~as-Tender-Prices~and-discounts)-shall-remain.The-Tenderer-may + decline to extend his Tender validity in writing TENDER ENQUIRIES tothe Tender-and site; he-shall-obtain:- clarification prior to-submitting-his Fender ‘Any information-on- commercial matters may be obtained-on application in writing to the Employer's representatives as follows:- General Manager (Procurement & Contract Management), Asset Development Department, Transmission Division, Tenaga Nasional Berhad, Level 3, Transmission Building 129 Jalan Bangsar, 59200 Kuala Lumpur Facsimile No: 6-03-22846475 And on technical matters to: - General Manager (Engineering) Engineering Department, Transmission Division, Tenaga Nasionel Berhad, Level 19, Bangunan Dua Sentral No. 8, Jalan Tun Sambanthan 50470 Kuala Lumpur Facsimile No: 6-03-2180 4526 The letter on technical matters shall also be copied to General Manager (Procurement and Contract Management).oy eee eee eee ee The Tenderer shall exercise due care in examining the Employer's Requirements and the Site. Any omission, error, fault or other defect discovered shall be notified to NB farclosing ‘Only written interpretations and clarifications given by Senior General Manager {Asset Development), Transmission Division will be recognized as_an official tesponse by TNB. 13. ADDENDUM-TO-TENDER TNB will inform all tenderers who have purchased the Tender Documents in writing or facsimile before Tender closing date if there is any addendum to the Tender. 44. — DELIVERY-OF-FENDER-BOG UME NE § 14.1. The Tender Documents and any accompanying documents, duly filled as directed, together with the drawings and calculations, shall be enclosed in two sealed envelopes, one marked “TECHNICAL" and the other marked “FINANCIAL” 14.2 The envelopes shall be hand delivered to the General Manager (Procurement and Contract. Management)... Asset Development Department, Transmission Division, Tenaga Nasional Berhad, Level 3, Transmission Building, No. 129 Jalan Bangsar, 59200 Kuala Lumpur, Malaysia, not later than 12.00 noon on 21" May 2013 If the tender submis: n date falls on an unscheduled public holiday, the _Tenderer_shall_submit.the Tender_on.the_next-working.day-at-the 14.3 Any lale submission or submission not using the original copy of the Tender Document shall be rejected 14.4 The two envelopes must be clearly marked on the top left hand corer of the envelope. The markings on the envelopes shall be as follows:- TECHNICAL PROPOSAL - Tender No. TNBT 803613 closing on 21" May 2013. FINANCIAL PROPOSAL - Tender No. TNBT 803613 closing on 21" May 2013. and shall be addressed to: General Manager (Procurement and Contract Management), Asset Development Department, Transmission Di Tenaga Nasional Berhad, Level 3, Transmission Building, No. 129 Jalan Bangsar, 59200 Kuala Lumpur, Malaysia 14.5 The envelope shall bear no other mark from which the identity of the Tenderer can be ascertained, 12@ TENAGA NASIONAL srawa> 414.6 _ The Technical Proposal shall consist of: a) Volume 3 b). Supporting Documents as para 3.8 ) Any other documents as specified in Tender Documents: 14.7 The Financial Proposal shall consist of = Volume-+ z 'b) Discount Letter {ifany). c) Any other documents as specified in Tender Documents 15. THE TENDERER SHALL BE DULY INFORMED The Tenderer shall familiarize himself fully with all matters relating to the Tender. The __Tenderer-shall. be deemed.to. have exami ified in the Letter of Tender, before submitting his Tender, including the following. a) The Tender Documents; b) The site and its conditions; c) The nature of the works and constructional plant necessary for the execution of the Works; The availabilty of accommodation; d) The means of access to site; e) The availability of labour and rates of wages; g) Obtained all necessary contingencies which could affect his Tender; and h)___ The correctness and sufficiency of his Tender to execute the Works. a EVE ATEIONE FEE Dm 16-1 The “Technical=Proposal=of-a—Tender—willbe—evaluatedagainst-the—Techn 16.2 163 16.4 Evaluation Criteria. The Technical Evaluation Criteria consist of Mandatory and Preferred Evaluation Criteria. Any tender which fails any of the Mandatory Criteria, will be rejected and no further evaluation will be carried out. Technical Proposals of a Tender which passed the Mandatory Criteria, will be evaluated against the Preferred Criteria. A Technical Proposal shail meet or exceed the minimum score in order to be selected for Financial Evaluation of the corresponding Proposal. The selected Financial Proposal shall be evaluated according to the Financial Evaluation Criteria. The Mandatory Criteria are as specified in Tender Documents Volume 3. The Preferred Criteria to be applied during the Technical Evaluation are as below: Preferred Criteria For Tenderer ()) Financial Strength of the Company (ii) Contractor's / Sub-contractor's Performance Evaluation (iii) Strength of Project Personnel (iv) Project Safety (v) ISO Certificationa a 16.5 TNB reserves the right to reject any Tender which fails the mandatory criteria requirement. 47. TENDER CLARIFICATION For the “purpose of tender evaluation, TNB-may seek from the Tenderer, through ‘correspondence or interview, detalled clarification of his Tender. The request for clarification and the response thereto shall by letter or by facsimile. No change in the -_—price-or- substance -of the Tender-shall-be-offered-or-permitted-in-clarification-The Tenderer is requested to arrange for suitable representative(s) on standby for the purpose of Tender clarification meetings. 18.__ NOTIFICATION OF AWARD : — 18.1 The Employer will notify the successful Tenderer through Letter of inte I) that his Tender has been considered for acceptance and the basis on which the Tender to be accepted, The successful Tenderer shall reply to the LO! within the stipulated time therein. Failing which, the Employer without any prejudice, has the right to withdraw his intention. 18.2 The Letter of Acceptance (LA) will be issued once all parties have agreed to all the conditions of award. 18.3 The Employer or Employer's Personnel will notify the unsuccessful Tenderers the outcome of their Tenders, ubjected fo penalties such as Tender security (if applicable) forfeited and or blacklisted for participating in TNB's procurement exercise. Such penalties as the table below shall be imposed on the Tenderer:- ‘SITUATION PENALTY 1. Withdrawal after Tender | 1 offence: Warning or blacklisted for a period Closing Date, but still within | of 6 months to 1 year. Tender validity period 2" offence: Blacklisted for a period of 1 year to 2. Withdrawal after LA has been | 2 years. executed 3" offence: De-registered and banned indefinitely. 20. RIGHTS TO REJECT TENDERS 20.1 TNB reserves the right to accept or reject a Tender, or to annul the tendering process and reject all Tenders, at any time prior to the Award of Contract, without incurring any liability to the Tenderers. 14TENAGA NASIONAL seanan 20.2 The rejection of the Tender may be caused by the following: a) does not conform to_any of the Mandatory Requirements of the ITT or the Employer's Requirements requirements or the Tenderer altering or adding to his offer e) The Tenderer is unable to provide a satisfactory explanation for the tendered f) Tender price that are unrealistic g) Presence of arithmetical errors related to price h) If there is more than one tender submitted by the same company, although __— submiitted-as-a-separate-tender,-or-with-a-different-joint-venture-partner,all-the tenders submitted by the company shall be rejected i) Tender submission not conforming to this ITT as specified in para 7.2 and 7.3 20.3 TNB also reserves the right to award the whole or part of the Tender. 20.4 _TNB is not obliged to accept the lowest or any part of the Tender and notification of the rejection will be given to the unsuccessful Tenderers. 21, ALTERNATIVE OFFER 21.1 Tenderers are not allowed to make any alternative offer for PIOP in his Tender. In the event that there is an alternative offer stated together with the main offer, TNB shall Te ee ee eee stated in para 3.6.1 above. 1sSAMPLE LETTER OF COMPLIANCE“(TENDER T! (TENDER NO) eS Asset Development, Transmission Division, Tenaga Nasional Berhad, Level 3, Transmission Building 429; dJaian- Bangsar, P.O. Box- 50732 Kuala Lumpur & > Malaysia. Sir, We have carefully examined, studied and read the intent and contents of Specification, = ‘Technical Schedules and Drawings of the Tender documents, relevant to (state the offered PIOP ex: 275kV GIS, 275kV Current Transformer etc), as requested by (state the name of Tenderer), We hereby declare that /We fully understand the intent and meaning of the Specifications, —Technical- Schedules and drawings and undertake to comply with the requirements as specified and intended. We hereby declare that I/We have been manufacturing (state the offered PIOP ex: 275kV GIS, 275kV Current Transformer etc) for of years. copy of certificate is attached herewith We hereby declare that the erection works for the (GIS Equipment, cable sealing end and capacitor bank (whichever is applicable)) will be supervised by (to state name, designation and.company name) who is certified by us to supervise the erection of our equipment. 'We hereby declare that our after sales service for the (state the offered PIOP ex: SO0kV Circuit Breaker, 275kV Current Transformer etc) is through our:- Locally incorporated company branch. (to state the name and address of company) Local Agent (to state the name and address of agent) Overseas/Regional Office (to state the name and address of office) (If available) We provide technical back-up team in Malaysia via our office at the address below. ‘The list of names of the team members are as follows:- 4 2. ‘SIGNED SEALED AND DELIVERED ) by the said oa ) in the presence of: )SAMPLE FORM OF PERFORMANCE SECURITY __________FORM_OF PERFORMANCE SECURITY. Brief description of Contract ‘Name- and. \ddress- f Banell Employer). By this ‘Bond, (nat and address of the Contractor) —— : = (who is the Contractor under such Contract) as Principal and (name and address. of /—_guarantor) aan instanussssssssee@S-Guarantor-are-irrevocably-held-and-firmly-bound-to-the the-"Bond-Amount",-say:——— ) for the due performance of all such Principal's obligations and liabilities under the Contract. This Bond shall become effective on the Commencement Date defined in the Contract, Upon Default by the Principal to perform any Contractual Obligation, or upon the occurrence of any of the events and circumstances listed in sub-clause 15.2 of the “conditions of the Contract, the Guarantor shall satisfy and discharge the damages SSS sustained by the Beneficiary due to such Default, event or circumstances. However, the total liability of the Guarantor shall not exceed the Bond Amount. The obligations and liabilties of the Guarantor shall not be discharged by any allowance any —— SSS Sendianiete lie Conlaclotenecoeiiloneche niches eee by any other matters, whether with or without the knowledge or consent of the Guarantor. Any claim under this Bond must be received by the Guarantor on or before (the date six ‘months after the expected expiry of the Defects Notification Period for the Work(s) (the "Expiry Date"), when this Bond shall expire and shall be returned to the Guarantor. The benefit of this Bond may be assigned subject to the provisions for assignment of the Contract, and subject to the receipt by the Guarantor of evidence of full compliance with such provisions, This Bond shall be governed by the law of Malaysia which is the governing law of the Contract. Wherefore this Bond has been issued by the Principal and the Guarantor on (date) Signature(s) for and on behalf of the Principal Signature(s) for and on behalf of the GuarantorSAMPLE FORM | OF JOINT VENTURE AGREEMENT (JVA) _LAMPIRAN 3 (Perjanjian ini hanyalah sampel sahaja dan petender boleh menambah klausa yang difikirkan perlu) This Joint Venture Agreement is made on the day of 20. BETWEEN ——— ABC Sn, Bh a. company incorporated n- Malaysia under the- Companion Act 1965. and having DEB Sdn. Bhd., a company incorporated in Malaysia under the Companies Act 1965 and having its registered address at 128, Jalan Reko, 40000 Kajang (hereinafter referred to as "Company B"), of the one part; {hereinafter referred to as the “Party” individually and as the “Parties" collectively) "WHEREAS: A.Tenaga Nasional Berhad.(“TNB"), a public listed. company whose registered address Isat 429, Jalan Bangsar, 69200 Kuala Lumpur is inviting suitable company to participant in its tender more particularly known as “TENDER NO, 1100222 Proposed 132KV Double Circuit Underground Cable from PMU A to PMU B (“Works”)” _B.ABG Sdn. Bhd., is required to explain briefly the intention and the brief facts to forma joint venture with the other company for the submission of the above tender. 6 DEF Sdn. Bhd, is-required (0 explain briefly the intention-and the brief feots.to form a joint venture with the other company for the submission of the above tender. D. ABC Sdn. Bhd,, is desirous to collaborate and cooperate with DEF Sdin. Bhd. by forming a joint venture to execute the Works as described in TENDER NO. 1100222 ("Tender’), NOW IT IS HEREBY AGREED AS FOLLOWS: ~ “This Agreement sha bythe exclusive [ursdicton ofthe Malaysian cours. in his Agreement, except where the context requires otherwise: i) - words indicating one gender includes all genders; ii) words indicating singular shall include plural and viee versa; iti) provisions including the word "agree", “agreed” or “agreement” require it fo be recorded in writing, iv) “writen’ or “in writing” means hand-written, type-written, printed or electronically made, and resulting in a permanent record; the: words “include” or “including" shall: be deemed 1o-be-followed-by "without imitation" or “but not limited to" whether or not they are followed by such phrases or words; an vi) the headings are for convenience and reference purposes only and do not affect in any ‘way the meaning or the interpretation of this Agreement. 2. JOINT VENTURE 2.1 The Parties agree to form an unincorporated joint venture for the purpose of executing the Works as described in the Tender. This Agreement may not be construed as crealing a company, or a partnership and shall not be considered as creating any form of legal or tax conti.5 2.2 Neither Parly shall be authorized to assign, transfer or otherwise dispose of this Agreement ‘or any right or obligation resulting thereffom without prior written consents of the other Party and TNB. The Parties undertake that all plant, materials and equipment supplied = andfor.used conforms with the specifications set out by TNB. (23 the Partes hereby warrant-aad-underteke tat they willbe jointly and. saverally-easpansibie ‘and Table to proper execution and comptetion fi tated in the Tender, contract document to be entered into with TNB or any ather = 24 The Parties agree to cooperate with each other in respect to the proper execution of the ‘Works during the term of this Agreement and to act at all times in a manner consistent with 2.5 The Parties hereby warrant that they shall not alter the composition of the joint venture described under this Agreement unless with prior written approval by TNB. The Parties. hereby agree and acknowledge that TNB reserves the right to terminate the contract for the y Party fails to-adhere to this-Clause 2. : | mendments oF variations to this Agreement will require —____ prior written approval of TNB. : 3. DURATION OF THE JOINT VENTURE This Agreement shall become binding upon the receipt of the Letter of Acceptance issued by TNB in relation to the execution of the Works and shall remain valid and enforceable for the period as reqt fer the-contr W 4, LEADER AND-RESPONSIBILITIES OF THE PARTIES 41 ‘The Parlies agree that the rights, benefits, obligations and responsibilities of the Parties in carrying out the Works will be borne in the following proportion: (2) Company A:[ %J and (b) Company 8: :[ i —— ane-responsibite ach party-shall-be detailed oul in-the appendix to.this Agreemer Notwithstanding to any of the duties and responsibilities of the parlies detailed out in the appendix, the Parties shall remain jointly and severally liable and responsible to TN for the execution of the Works, 5. SUBMISSION FOR THE TENDER 51 The Parties shall study and evaluate the contents of the tender document relating to the Works, Each Parly shall provide such commercial and technical information to the other Party as may be reasonably necessary to enable the preparation of the Tender and to facilitate discussions with TNB. "62 The Parties are bound by the terms and conditions to the fender submitted as well as any proposal made for the purpose of the submission and neither Party has the authority to vary or to add any part thereof without the prior written consent of the other Party. 5.3 If TNB rejects the Parties’ tender submission, this Agreement shall thereupon terminate forthwith and neither party shall have the right or the recourse against the other Party hereunder andior in-respect-to-the Works. However, ifthe tender-is-accepted-by-TNB, such. acceptance shall be jointly and severally binding on the Parties and the Parties shall thereupon forthwith enter info a contract agreement with TNB for the execution of the ‘Works.6. DISPUTES RESOLUTION Each Party shall continue its respective obligations under this Agreement and the execution of the ~ Works with TN even if a dispute, differences or claim arises between the Parties and the Parties shall avoid any,action which might hinder the proper performance of the Work to TNB. SSIGNMENT. ‘Any_Party-shall not be entitled to-assign, Wranster or novate all or any portion of Tis Tights or obligations under this Agreement without the prior written consent of the other Party and TNB, Each Parly shall bear and pay its own legal fees and expenses in respect of the preparation and finalization of this Agreement. = 9, NOTICES 9.1 Any notice, request, instruction, approval, consents, determination, correspondence or other documents ("Notices") to be given hereunder by each party to the other shall be ‘written in English or Bahasa Malaysia and delivered, posted or sent to the addresses and facsimile numbers set out below— ——— Company ABC ‘Add Tel. & Fax No. Company DEF Add Tol. & Fax No. ~ 9.2 The Notices shall be faxed and/or hand delivered or sent by registered post. TheNotices = will be deemed to be received if i) hand delivered on the day of delivery, il) posted by registered mail on the day of acknowledgement of receipt by the recipient of ______ i sent by facsimile, upon receipt of successful transmission notioe, g ny party may by notice in writing of at least seven (7) days to the other party fo change the particulars stated in sub clause 9.2 and thereafter the new particulars shall be tho effective address andlor number for service or delivery of any notice, demand for information or documents required or authorised by this Agreement to be given in wring, 40. NON-WAIVER No failure or delay on the part of any party in exercising nor any omission to exercise any right, power, privilege or remedy accruing to the other party under this Agreement upon any default on the part of the other party shell impair any right, power, privilege or remedy or be construed as a waiver thereof or any acquiescence in such default; nor shall any action by any party in respect of ~ any default or any acquiescence in any such default affect orimpairany right 44. SEVERABILITY If any provision hereof is held to be illegal, invalid or unenforceable under the present or future laws of any applicable jurisdiction, such provision shall be fully several for that jurisdiction; and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision —had-never-comprised-as-part-hereot-in-Hetr oF such ilegal- invalic- or unenforceable provision there shall be added automatically as part hereof a provision, as similar in terms to such ilegal, invalid or unenforceable provision as may be possible that is legal, valid and enforceable so as to give effect to the intent of the parties hereunder.“The provisions of this Agreement shall be binding on all persons claiming under or in the name of the respective parties “end-shall continue to-be-valid-and-binding for all- purposes. whatsoever nojitistending any change (whether by reason of malgamation, iquidation, reconetuction,IN WITNESS WHEREOF the duly authorised representatives of the Parties hereto have herounto set their hands on the day and year first above written, ABC Sd, Bhd (Company Regis ration Number] = NAME Sse UC NO%ssssnssnnnsicintnnsnsss Designation: Company's Stamp: in the presence of : ic No: Designatio: Company's Stamp: in the presence of : Witness UG Notas 10SAMPLE LETTER OF CORPORATE GUARANTEEINFRACTOR'S. COMPANY-LEFTERHE From (Contractor) del To Tenaga Nasional Berhad ————————————— 29 D0 We, [please insert the company’s name] of [please insert the company’s address] which expression shall include our agents, assigns, successors-in-title, liquidators, receivers ——and/-or-managers-and-in-consideration-of you,-TNB,-entering_into-the-Contract-with-us, irrevocably and unconditionally guarantee to. ~—-you—that~—«the. _-(material/plant/component/equipment) listed in Appendix A (please attached Appendix A with the list of material/plant/component/equipment] shall be in accordance with the specifications and requirements of the aforementioned Contract. We further guarantee that for a further period of five (5) years (°the Guarantee Period") commencing from [please insert the commencement date](note: which should be the expiry date of the (matetial/plant/ iantequipment) Supplied: stipulated above where such defect arises from any default, act or omission or Negligence on our part in performing the Contract. We warrant that this Guarantee constitutes valid and legally binding obligations on us and Is enforceable in accordance with the terms laid out below: = — 1. We undertake to indemnify TNB against any and all loss, cost, expense or liability —suffered —as——a——result of any defact(s) of the (material/plant/component/equipment). 2, Failure to make good the defect/s within the stipulated time shall entitle TNB to appoint another contractor to proceed with or complete the necessary work or repair, and all cost or expense incurred by TNB shall be charged to/ claimed against us and we shall reimburse such cost or expense to TNB within Fourteen (14) days from the date of notification by TNB.the warranty ‘so provided in the aforementioned Contract: and that the provisions of Sections 77 & 78 of th \ct 136) and that the provisions of the Sale ll is G ‘ours faithfully [Name] Company Stamp