MINISTRY OF MANPOWER

INVITATION TO QUOTE (ITQ)

FOR THE DESIGN, PRODUCTION, FABRICATION AND DELIVERY OF LIFE

SIZED MASCOTS FOR KEN AND FRIENDS
QUOTATION CONDITIONS OF CONTRACT

Should your offer be accepted, the Terms and Conditions as set out in this Section
and the terms and conditions in the Gebiz Terms and Conditions shall govern the
Contract between the Authority and your company.

1. DEFINITIONS

1.1 In these Conditions unless the context otherwise requires:

(a) "Authority" means the Government of Singapore c/o Ministry of Manpower and
includes any officer authorised by the Authority to act on its behalf.

(b) “Contract” includes the Government’s ITQ Message, the Contractor’s Quote
Message or offer [submitted through Gebiz], these Conditions of Contract, the
specifications and samples, Letter of Acceptance, Order Message or any Orders
issued by the Authority to the Contractor for the supply of the Goods and / or
performance of services.

(c) “Contract Price” means the price exclusive of the Singapore Goods and Services Tax
payable to the Contractor for the full and proper performance by the Contractor of his
part of the Contract as determined under the provisions of the Contract and in law.

(d) “Contractor” means the successful Supplier who has been awarded the Contract by
the Authority.

(e) "Goods or services" mean all goods / services, including parts or units thereof, which
the Contractor is required to supply under the Contract.

(f) "Background IP" means IP which is created prior to or independently of this Contract.

(g) "Foreground IP" means IP which results from or is generated pursuant to or for the
purpose of this Contract.

(g) “IP” means intellectual property and shall include patents, copyright, industrial design
and integrated circuit topography.

1.2 Words importing the singular include the plural and vice versa.

1.3 The headings are for convenience only and not for the purpose of interpretation.

2. SCOPE OF AWARD

2.1 The Contractor shall carry out and complete the supply of all items of Goods or
Services in accordance with the award. Unless otherwise stated in the award, all
Goods or Services shall be new and unused.

2.2 The Authority reserves the right to award part or all of the supplies, and to award the
supplies to more than one Contractor.
2.3 The Authority shall be under no obligation to accept the lowest or any quotation. The
Authority shall normally not enter into correspondence with any Firm regarding the
reasons for non-acceptance of a quotation.

3. DELIVERY

3.1 The Contractor shall deliver the Goods or Services at the place(s) and in the manner
specified in the award. The Contractor shall obtain a receipt therefore from the
Authority. The issue of such receipt shall in no way relieve the Contractor from his
responsibility for replacing defective or damaged Goods or unsatisfactory Services
under Clause 4 hereof.

4. REMOVAL AND REPLACEMENT

4.1 The Contractor shall at his own cost and when notified in writing by the Authority,
remove and replace the Goods or Services that are found on delivery to be
damaged, defective or in any way inferior to approved samples, or not in accordance
with the Award, failing which the Authority shall have the right to purchase
replacements elsewhere or to make good any damage in any manner it deems
necessary and all costs thereby incurred shall be recoverable from the Contractor by
deduction from any money due to the Contractor under the Award.

5. PAYMENT

5.1 Within thirty (30) days of any Goods or Services delivered in accordance with Clause
3.1 of the Award and upon presentation by the Contractor of his bills in accordance
with such means and in such format as may be specified by the Authority and the
Authority's receipt as referred to in Clause 3.1 of the Award, the Authority will make
payment to the Contractor of the full value of all Goods or Services so delivered
provided that no payment shall be considered as evidence of the quality of any
Goods to which such payments relates nor shall it relieve the Contractor from his
responsibilities under Clause 4 hereof.

5.2 Where delivery is by consignments, payment will be made within 30 days after
delivery of each consignment and the receipt of the above documents.

5.3 Without limiting the Authority’s right under the Award, the amount of any payment or
debt owed by the Contractor to the Authority under the Award may be deducted by
the Authority from any monies payable by the Authority to the Contractor pursuant to
this Award.

6. RIGHTS OF THIRD PARTIES

6.1 A person who is not a party to this Award shall have no right under the Contract
(Rights of Third Parties) Act to enforce any of its terms.

7. GIFTS, INDUCEMENTS AND REWARDS

7.1 The Authority may terminate the Award and recover from the Contractor the amount
of any loss resulting from such termination, if the Contractor shall have offered or
given or agreed to give to any person any gift or consideration of any kind as an
 inducement or reward for doing or forbearing to do or for having done or forborne to
do any action in relation to the obtaining or execution of the Award with the Authority
or for showing or forbearing to show favour to any person in relation to any award
with the Authority, or if the like acts shall have been done by any person employed
by the Contractor or acting on his behalf (whether with or without the knowledge of
the Contractor) or if in relation to any Award with the Authority the Contractor or any
person employed by him or acting on his behalf shall have committed any offence
under Chapter IX of the Penal Code or Prevention of Corruption Act or shall have
abetted or attempted to commit such an offence or shall have given any fee or
reward the receipt of which is an offence under Chapter IX of the Penal Code or the
Prevention of Corruption Act.

8. DELAY IN SUPPLY AND DELIVERY

8.1 If there is delay in the delivery of any item of Goods or Services under the Award due
to any of the following circumstances, namely, acts of God, force majeure, riots and
civil commotion, strikes, lock-outs or other causes or perils beyond the Contractor's
control then in any such case the Contractor shall for the duration of any such
circumstance aforesaid, be relieved of his obligation to deliver any such Goods or
Services thereby affected but the provisions of the Award shall remain in full force in
regard to any Goods or Services not affected by such circumstances aforesaid.

8.2 Subject to Clause 8.1, if the Contractor fails to deliver any item of Goods or Services
by the date specified in the Award, the Authority shall have the right

(a) to cancel all or any such items of Goods or Services from the Award without
compensation and obtain them from other sources and all increased costs thereby
incurred shall be deducted from any moneys due or to become due to the Contractor
or shall be recoverable as damages; or

Provided that the recovery of such increased costs aforesaid shall be limited to the
quantity of such Goods or Services as is purchased or obtained, not exceeding the
quantity stated in the Award, from other sources after the Contractor's failure as
aforesaid but within three months of the expiry of the Award.

9. SUB-CONTRACTING AND ASSIGNING

9.1 The Contractor shall not sub-award or assign the Award without the written consent
of the Authority.

10. APPLICABLE LAW

10.1 The Award shall be subject to, governed by and interpreted in accordance with the
Laws of the Republic of Singapore for every purpose.

10.2 For the avoidance of doubt, until the Authority issues a Letter of Acceptance, an
Order message, or Purchase Order, this document (i) is not a contract and shall in
no way be construed as creating any legally binding obligation to purchase Goods
and /or Service from any Contractor; and (ii) shall not be construed as providing or
implying that a contract will be entered with any Contractor.
11. SUSPENSION OR TERMINATION

11.1 The Authority shall, after giving seven (7) days prior written notice to the Contractor,
have the right to suspend or terminate the Award if the Authority is affected by any
state of war, Act of God or other circumstances seriously disrupting public safety,
peace or good order of the Republic of Singapore. Neither party shall be liable to the
other by reason of such suspension nor termination save that the Authority shall pay
the Contractor the price of the Goods or Services delivered and accepted by the
Authority. The Authority shall have title to such Goods or Services delivered and
accepted. The Contractor shall refund the balance of any payments or deposits
made after deducting any outstanding sums owing by the Authority to the Contractor
by reason of this Clause.

12. MEDIATION CLAUSE

12.1 Notwithstanding anything in this Award, in the event of any dispute, controversy or
claim arising out of or relating to this Award, no Party shall proceed to any form of
dispute resolution UNLESS the Parties have made reasonable efforts to resolve the
same through mediation in accordance with the mediation rules of the Singapore
Mediation Centre.

12.2 A Party who receives a notice for mediation from the other Party shall consent and
participate in the mediation process in accordance with Clause 12.1.

12.3 Failure to comply with Clause 12.1 or 12.2 shall be deemed to be a breach of award.

13. VARIATION

13.1 No variation whether oral or otherwise in the terms of this Contract shall apply
thereto unless such variation shall have first been expressly accepted in writing by
the Contractor and the authorised contract signatory of the Authority.

COMPENDIUM OF ADDITIONAL CLAUSES (COAC)

A1. SAMPLES TESTING

A1.1 The Authority shall have the right to call for samples of the Goods to be supplied
under the Award for approval and for such further samples as are required until the
samples submitted are in accordance with the requirements of the Award. Upon the
approval of the Authority the approved samples shall form the standards to be
maintained for the duration of the Award. If any Goods supplied under the Award are
not in accordance with the Award or with any approved sample, then, the Authority
shall have the right to submit any such Goods to expert examination and/or test and
all costs in connection therewith shall be borne by the Contractor unless such
examination and/or test shows that the said Goods are in accordance with the Award
or with the approved samples.
A2. OPTION TO PURCHASE

A2.1 The Contractor grants the Authority the option to purchase the item(s) specified in
Annex A of this Award (“the Option to Purchase”). The Option to Purchase shall be
exercisable by written notice given by the Authority to the Contractor before the date
specified in Annex A of this Award (Option Validity Date). If the Authority exercises
the Option to Purchase, the item(s) purchased shall form part of the Goods or
Services defined in this Award and subject to the same terms and conditions
(inclusive of any amendments).

A2.2 The Option to Purchase shall be exercisable in whole or in part and the cumulative
quantity of items purchased do not exceed the maximum quantity specified in Annex
A of this Award.

A3. WARRANTY

A3.1 The Warranty Period shall commence on the date of receipt of the Goods or
Services in Singapore. The length of the Warranty Period shall be twelve (12)
months or such period as agreed in writing.

A3.2 Where during the Warranty Period, any Goods or Services is found to be:

(a) Defective in design, materials or workmanship; or

(b) Not in accordance with the Contract or any specifications incorporated in the
Contract by written agreement; or

(c) Having been installed, operated, stored and maintained in accordance with the
written instructions of the Contractor, fails to function properly or fails to meet any
performance guarantees set forth in the Award or specifications published by the
Contractor as applicable to the Goods or Services;

then unless it is shown that the foregoing is caused solely by improper use or
mishandling by the Authority, the Contractor shall, at its own expense (including
transportation costs), at the written notification of the Authority, replace, rectify or
completely repair the damaged or defective Goods or make good unsatisfactory
Services. The Contractor may, in lieu thereof, elect to replace the damaged or
defective Goods or unsatisfactory Services.

A3.3 If any Service performed is found during the Warranty Period to be deficient, the
Contractor shall at the written notification of the Authority, rectify the same, at the
expense of the Contractor within thirty (30) days of receipt of the Authority’s written
notification or within such time as mutually agreed in writing between parties.

A4. ARBITRATION

A4.1 Any dispute arising out of or in connection with this Award, including any question
regarding its existence, validity or termination shall be referred to and finally resolved
by arbitration in Singapore in the English language by a sole arbitrator in accordance
with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC
 Rules") for the time being in force which rules are deemed to be incorporated by
reference into this Clause.

A5. CONFIDENTIALITY AND SECURITY

A5.1 Except with the written consent of the Authority, the Contractor shall not disclose the
Award or any purchases made in this Award or any provisions thereof or any
information issued or furnished by or on behalf of the Authority in connection
therewith to any person.

A5.2 In addition to the foregoing, the Contractor shall not make use of any information
obtained directly or indirectly from the Authority or compiled or generated by the
Contractor in the course of this Award which pertains to or is derived from such
information, other than use for the purposes of this Award, without the prior written
consent of the Authority.

A5.3 The Contractor shall not publish or release, nor shall it allow or suffer the publication
or release of, any news item, article, publication, advertisement, prepared speech or
any other information or material pertaining to any part of the obligations to be
performed under the Award in any media without the prior written consent of the
Authority.

A6. OWNERSHIP OF INTELLECTUAL PROPERTY

A6.1 Nothing in this Contract shall affect any person’s right to own or licence Background
IP.

A6.2 All Foreground IP created by the Contractor, its subcontractor or supplier shall vest
in MOM. The Contractor shall, by way of present assignment of future IP, do all
things necessary to ensure that all Foreground IP is assigned to the MOM
absolutely. The Contractor shall do all such things and to sign and execute all such
documents as may reasonably be required in order to perfect, protect or enforce any
of the Foreground IP assigned and granted to MOM.

A6.3 The Contractor shall obtain for and grant to MOM and its agent, free of any additional
charge, Singapore, perpetual, non-exclusive licence, to use all Background IP owned
by or licensed to the Contractor, its subcontractor or supplier.

A6.4 For the avoidance of doubt, any IP in any results, report, data or information
generated or produced by MOM or another person on behalf of MOM as a result of
this Contract shall be owned by MOM.

A6.5 If the Contractor, its subcontractor or supplier intends to sell or transfer their
Background IP, the Contractor shall ensure that the purchaser of the Background IP
and every successor in title to the interest in the Background IP has prior written
notice of the licence that the Contractor, its subcontractor or supplier has granted to
MOM.

A6.6 If any licence granted or obtained for Background IP under Clause 6.3 is registrable
under any IP registration system in Singapore, the Contractor shall:
 (a) register the licence under the IP registration system in Singapore; and

(b) deliver copies of documentary proof of such licence registration to MOM as

soon as possible.

A7. INTELLECTUAL PROPERTY RIGHTS (WARRANTIES OF THE CONTRACTOR)

A7.1 The Contractor warrants that it shall not do or permit anything to be done which will
infringe any copyrights, or other intellectual property rights in relation to inventions,
registered and unregistered trademarks (including service marks), registered and
unregistered designs, circuit layouts, know-how and any other rights resulting from
intellectual activity in the industrial, scientific, literary and artistic fields (hereinafter
referred to as “Intellectual Property”). Notwithstanding the above, the Contractor shall
indemnify MOM and its officers or departments against all Intellectual Property
infringement claims including any costs, charges and expenses in respect thereof.
SPECIFICATIONS FOR THE DESIGN, PRODUCTION, FABRICATION AND DELIVERY
LIFE SIZED MASCOTS FOR KEN AND FRIENDS

1 BACKGROUND

1.1 The Workplace Safety and Health (WSH) Council launched “Safety First with Ken and
Friends”, an online e-learning module for upper primary and lower secondary schools,
at the National WSH Campaign in 2015.. In this e-learning module, students can
interact with Ken and his friends on topics such as safety at home, safety at play, traffic
safety and slips, trips and falls. WSH Council would like to produce mascots based on
“Ken and Friends” to be used during events to increase awareness and interaction.

2 WORK SCOPE

2.1 The appointed Contractor will be expected to provide services, which include but not
limited to the following:

 To design and produce a set of 3-dimensional, life-sized mascots of Ken and

friends. A set of 5 mascots – Ken being the main character mascot and 4
accompanying “friends” mascots. Refer to Annex B for more information.
 To suggest innovative ways to ventilate the life-sized mascots for prolonged usage
by mascot talents, at no additional weight to the mascots
 To provide 3-dimensional graphical designs of the mascots
 To provide flexibility for up to 3 amendments according to requirements before
production
 Provision of manpower to put on the mascots and assist mascots for a 1 full day
event on 22 April 2017.

3 PROJECT MANAGEMENT WITH WSH COUNCIL

3.1 The appointed Contractor is expected to be overall in charge of the full work scope for
this project. They are also to provide a time schedule to show progress of the
production and adhere strictly to the schedule as well as attend all meetings,
discussions with WSH Council as and when necessary.

3.2 The appointed Contractor shall be responsible for taking all safety and health
precautions to eliminate danger to his employees, the general public, government
employees and property throughout this project.

3.3 The appointed Contractor shall at all times observe and comply with all prevailing laws
and regulations and adhere to all the instructions stated in this brief or given by WSH
Council subsequently pertaining to the project.

3.4 Should there be a need for the Contractor to outsource its work to a third party (e.g.,
printers), it has to source for three quotes. In the event that WSH Council finds the
quotes unsatisfactory, we reserve the right to reject them and outsource the work to
other Contractors base on WSH Council’s recommendation.
3.5 WSH Council will provide the existing artwork of “Ken and Friends” as a source of
reference. Suitable design, additional artwork, use of materials must originate from the
appointed Contractor.

4 DELIVERY

4.1 The Contractor shall deliver the Goods to a designated location by 17 April 2017. The
delivery location will be advised by WSH Council on a later date. The Contractor shall
obtain a receipt therefore from the Authority. The issue of such receipt shall in no way
relieve the Contractor from his responsibility for replacing defective or damaged Goods
under Clause 5 hereof.

5. REMOVAL AND REPLACEMENT

5.1 The Contractor shall at his own cost and when notified in writing by the Authority,
remove and replace the Goods or Services that are found on delivery to be damaged,
defective or in any way inferior to approved samples, or not in accordance with the
Award, failing which the Authority shall have the right to purchase replacements
elsewhere or to make good any damage in any manner it deems necessary and all
costs thereby incurred shall be recoverable from the Contractor by deduction from any
money due to the Contractor under the Award.

6. COPYRIGHT

6.1 All graphics, artwork, designs and other intellectual property rights which result from
this project shall be the property of the WSH Council.

6.2 The appointed Contractor must provide all final artwork files (save in version no higher
than CS2) and all images (RF and/or RM stock images) on CD-ROM to WSH Council
once the project is completed.

7 bizSAFE REQUIREMENTS

7.1 Suppliers are required to attain bizSAFE Level 1 in order to be considered for award
and those with bizSAFE level 3 will be an added advantage. The certification must be
valid at the time of evaluation. An application in process will also be considered with
appropriate submission of proof. Suppliers who are not certified are advised to apply
for the registration with the approved training service providers and declare their
registration status at the earliest possible opportunity.

7.2 If the contract has a duration of more than 2 years, inclusive of base and optional
years, the appointed Suppliers, Contractors and Subcontractors (if any) undertakes to
attain bizSAFE Level 3 during the first 24 months of the contract duration as part of
contractual obligation and it will be one of the considerations for extension of the
optional years, if applicable.

7.3 For more information on bizSAFE framework and the list of trainers, please logon to
www.wshc.sg. If Suppliers are operating from a foreign-registered address,
 compliance to any certified safety and health qualification or certification in that country
deem equivalent to bizSAFE can be considered. However, do note that the Authority
reserves the rights to make the final decision on the acceptance of such certification.

8 COMPLIANCE WITH EMPLOYMENT LAWS

8.1 Suppliers are required to comply with all employment laws including but not limited to
the Central Provident Fund Act, Employment Act, Employment of Foreign Manpower
Act, Work Injury Compensation Act and Workplace Safety and Health Act in order to
be considered for award. The Authority reserves the right to terminate the contract
forthwith if the Contractor has contravened any employment laws during the Contract
Period.

9 SUBMISSION AND AWARD CRITERIA

9.1 Suppliers interested in this ITQ must submit the items listed below. Failure to submit
any of the items can be considered sufficient grounds for disqualification.

i) bizSAFE level 1 certificate and/or above

ii) Provide at least one 3D illustrated design of the proposed mascots.
iii) List of projects done in the past 2 years of similar nature (include photos of the
mascots)
iv) Quotation of all items listed in Annex A to be listed. Failure to quote for all
items is sufficient grounds for disqualification from this ITQ.

9.2 The selection of Contractor will be based on cost and submitted past works that meet
our design requirements and expectations.

9.3 Supplier shall not be debarred on or after the closing date of quotation. Supplier who
is debarred shall not be considered for award of the ITQ. (Critical Criteria)

9.4 Suppliers shall note that non-compliance with any of the above-mentioned critical
criteria shall render their quotation proposal to be excluded from further evaluation

9.5 The Supplier will be evaluated based on the criteria below:

Evaluation Criteria Weightage

Cost 50%
Proposed illustrated design 30%
Portfolio of previous experience in the last 2 years 20%
Total 100%

10 PAYMENT, PRICES AND CHARGES

10.1 The Supplier must submit a price list itemised clearly all services cost for the scope
of work required. The Supplier may quote for optional services not included in the
agreed scope of work but recommended for the purpose of the project. WSH Council
reserves the right to award the ITQ in full or in parts. WSH Council reserves the right
not to embark on all the items awarded, if they do not meet the purposes of the project.
10.2 The prices shall be quoted in Singapore dollars. Prices quoted shall be all inclusive
and at the item level. The price should include freight charges, insurance, installation
and all required materials, manuals and documentation. No further charges shall be
incurred for the provision of services.

10.3 Within thirty (30) days of any Goods delivered in accordance with Clause 4 of the
Award and upon presentation by the Contractor of his bills in accordance with such
means and in such format as may be specified by the Authority and the Authority's
receipt as referred to in Clause 4 of the Award, the Authority will make payment to the
Contractor of the full value of all Goods or Services so delivered provided that no
payment shall be considered as evidence of the quality of any Goods to which such
payments relates nor shall it relieve the Contractor from his responsibilities under
Clause 4 hereof.

10.4 Without limiting the Authority’s right under the Award, the amount of any payment or
debt owed by the Contractor to the Authority under the Award may be deducted by the
Authority from any monies payable by the Authority to the Contractor pursuant to this
Award.

11 THIRD PARTY PRODUCTIONS

11.1 Should the Contractor need to outsource its work to a third party (e.g. contract builders,
event companies, printers), it has to source for three quotes. In the event that the
Authority finds the quotes unsatisfactory, the Authority reserves the right to reject them
and outsource the work to other vendors.

12 CONFIDENTIALITY

12.1 The Contractor shall undertake not to divulge or communicate to any person, firm or
company any confidential information which refers to the Authority and the work
carried out in the execution of this project and subsequently under the appointment by
the Authority. This obligation shall survive the termination or expiry of this Contract.

13 IMPORTANT NOTES AND ADDITIONAL CLAUSES

13.1 Where a third party Supplier service is needed, such as production, translation and/or
copywriting, WSH Council’s approval must be sought to appoint this Supplier. This is
subjected to the quality of work by the Supplier which must meet the requirements of
WSH Council.

13.2 WSH Council reserves the right to change the scope of the work specifications and
designs within reasonable limits. The Supplier should be flexible in reacting to these
changes and meeting our needs throughout the work period.

13.3 The Supplier’s quoted sum is to fully all aspects of the specified requirements. The
Supplier will be held accountable for and be expected to have read and understood
the specifications and scope of work. In submitting the quotation, all prospective
agencies undertake to comply with all conditions and specifications mentioned therein.
If you have enquiries, please contact Ms Kev Theresa Lee at:

Email: Kev_Theresa_Lee@wshc.gov.sg
DID: 6692 4989
Annex A – Cost Breakdown

A Production of Mascot(s) Quantity Unit Cost Total Cost

To design and produce a 3-dimensional,

life-sized mascot of Ken

- To provide at least one (1) 3D

illustrated design of the mascot
- The mascot should be between
1 2m to 2.2m in height and 1m to 1 set
1.2m in width
- Material used for the mascot
should be durable for long term
usage
- Price to include costume

To design and produce a set of 3-

dimensional, life-sized mascots of the
other 4 characters under “Ken and
Friends” (i.e: Fiona, Kelvin, Gabriel, Zaki)

- To provide at least one (1) 3D

illustrated design of each mascot
- Each mascot should be between
2 1.7m to 2.0m in height. 4 sets
- Material used for the mascots
should be durable for long term
usage
- Price to include costumes

If each proposed mascot has a different

cost, please itemize and quote separately.

Cost of Delivery to one stipulated location.

(The location will be decided by WSH
3 1 trip
Council at a later date)

B Provision of Manpower Quantity Unit Cost Total Cost

Provision of manpower to put on mascot
for a ½ day or 1 day event.

Quote for:
a) ½ day – 9am to 2pm 1 pax
1
b) 1 full day – 9am to 6pm 5 pax

Mascots are to interact with the crowd

 Provision of manpower to assist the
mascot for a ½ day or 1 day event.
1 pax
2 Quote for:
5 pax
a) ½ day – 9am to 2pm
b) 1 full day – 9am to 6pm

C Miscellaneous Quantity Unit Cost Total Cost

1 Any other costs (please specify)

Note: Suppliers to enter 1 lot total cost in Gebiz as item response.

 Annex B – Reference of Ken and Friends

A set of 5 mascots – Ken being the

main character mascot and 4
accompanying “friends” mascots.

ZakiZGABRIEL
ZakiZZAKI

ZakiZKELVIN
FIONA

ZakiZKEN