Quotation Document PPES.Q.05.2022. Latest 29.3.2022pdf

PERBADANAN PEMBANGUNAN EKONOMI SARAWAK
(SARAWAK ECONOMIC DEVELOPMENT CORPORATION)
QUOTATION DOCUMENT
QUOTATION NO. PPES: Q/05/2022
PROPOSED REPAIR WORKS TO MEDAN NIAGA

SEDC SRI AMAN AT LOT 2010 AND PART OF LOT
1523, 95000 SRI AMAN, SARAWAK.
PROPOSED REPAIR WORKS TO MEDAN NIAGA SEDC SRI AMAN AT
LOT 2010 AND PART OF LOT 1523, 95000 SRI AMAN, SARAWAK.
TABLE OF CONTENTS
PAGE NO.
SECTION A
 Form of Quotation A/1
 Bidder’s Declaration A/1
 Declaration of Bona Fide Competitive Tender/Quotation A/1
 Authorisation Letter By Bidder A/1
SECTION B
General Condition and Requirement
 Integrity Pact B/1-7
 Special Condition Against Unfair Dealing, Undue Influence Etc . B/1
 Personal Data Protection B/1-2
 The Terms and Conditions B/1-3
SECTION C
 JKR Form of Contract 1-57
 Amendment to JKR Sarawak Form Of Contract (VER.2006) C/1
 Appendix to JKR Sarawak Form Of Contract (VER.2006) C/1-2
SECTION D
Technical Conditions
 Particular Specification D/1-17
 List of Quotation Drawings D/1
SECTION E
 Financial Background of Bidder's Organisation E/1
 Particulars of Bidder's Organisation E/1-4
SECTION F
Bill of Quantity
 Summary of Quotation SOQ1-4
IMPORTANT NOTE:
THE FORM OF QUOTATION AND BIDDER’S DECLARATION MUST BE DULY COMPLETED AND SIGNED.
OTHERWISE, SUBMITTED TENDER/QUOTATION MAY BE DISQUALIFIED.
IMPORTANT NOTE
1. THE BIDDER IS REQUIRED TO FILL IN

THE FORM OF QUOTATION AND
BIDDER’S DECLARATION. FAILING
WHICH, THE SUBMISSION SHALL BE
DISQUALIFIED.
2. SITE BRIEFING WHICH WILL BE HELD

ON 7 APRIL 2022 (THURSDAY) AT 2.30
PM IS COMPULSORY TO ALL BIDDERS.
SECTION A :
 FORM OF QUOTATION
 BIDDER’S DECLARATION
 DECLARATION OF BONA FIDE

COMPETITIVE
TENDER/QUOTATION
 AUTHORISATION LETTER BY
BIDDER
SECTION A
FORM OF QUOTATION
FOR
PROPOSED REPAIR WORKS TO MEDAN NIAGA SEDC SRI AMAN AT LOT 2010 AND PART OF LOT 1523,
95000 SRI AMAN, SARAWAK.
UPK Registered Work Contractors Quotation must be submitted to;
Class F Company with Valid General Manager,
Head II and Trading License And c/o Legal Affairs Division,
CIDB Registered 1st Floor, Menara SEDC,
Sub-Head 5 Lot 2878, The Isthmus, Off Jalan Bako
93050 Kuching, Sarawak
The above mentioned Quotation is referred.
2. Having examined the instructions to Bidders, Form of Contract, Specification and Drawings (if any)
for the above named works, we offer to execute and complete the whole of the said works in
conformity therewith and in accordance with the details entered into the Appendix Overleaf for the
sum of Ringgit Malaysia…………………………..…………………………………………………………..
……………………………………………………………………………. (RM……………………………..)
Which includes the Provisional and Prime Cost Sum referred to in the above documents) or such
other sum as may be ascertained in accordance with the said conditions.
3. We undertake to complete and deliver the whole of the works within the time stated in the
Specifications and Form of Contract.
4. This Quotation, together with your written acceptance thereof, shall constitute a binding contract
between us.
5. We understand that you are not bound to accept the lowest or any quotation you may receive, nor to
assign any reason for the rejection of any Quotation.
Date this…………………..day of…………. (month/year)
Yours faithfully,
………………………………………………. ………………………………………….
*Authourised signature Signature of Witness
*Company Stamp
Signatory’s Name : ………………………………. Signatory’s Name ……………………………………..
Identity Card No. : ……………………………….. Identity Card No: ……………………………………….
In the capacity of : ………………………………. Date : ………………………………………..................

(duly authorised to sign
this tender for & on behalf of the For Office Use Only
1. Document Fee RM
Receipt No. :
Company’s / Firm’s : ……………………………….
2. Document Deposit (If applicable) (For : RM
Address ………………………………. Security/Drawing/Document only)
……………………………. Receipt No. :
……………………………. 3. Tender Close at :
Note :
Telephone No. :………………………………. *Authorised Signature means:
1. If the firm is a sole proprietor- by the owner of the firm;
2. If the firm is partnership- by either one of the partner to sign on
Fax No. : ………………………………………
behalf of the firm;
3. If the company is either Sdn Bhd/Bhd – Signatory authorized
Date:…………………………………………… through the Board of Director’s Resolution to sign for and behalf
of the company;
4. Tenderer is required to fill in the Form of Quotation, failing
which, the submission shall be disqualified;
A/1
SECTION A – DECLARATION OF BONA FIDE
Dear Sirs,
DECLARATION OF BONA FIDE COMPETITIVE TENDER/QUOTATION

for
PROPOSED REPAIR WORKS TO MEDAN NIAGA SEDC SRI AMAN AT LOT 2010
AND PART OF LOT 1523, 95000 SRI AMAN, SARAWAK.
Quotation No.: PPES: Q/05/2022

The essence of selective tendering/quotation is that the Employer shall receive bona fide
competitive tenders/quotations from all firms tendering/quoting. In recognition of this
principle, we declare that this is a bona fide tender/quotation, intended to be competitive, and
that we have not fixed or adjusted the amount of the tender/quotation by or under or in
accordance with any agreement or arrangement with any other person. We further declare that
we have not done and we undertake that we will not do, at any time before the returnable date
for this tender/quotation, any of the following acts:
(a) Communicating to a person, other than the person calling for these tender/quotations,
the amount or approximate amount of the proposed tender/quotation.
(b) Entering into any agreement or arrangement with any other person that he shall
refrain from tendering/quoting or as to the amount of any tender/quotation to be
submitted.
(c) Offering or paying or giving or agreeing to pay or give any sum of money or valuable
consideration directly to any person for doing or having done or causing or having
caused to be done in relation to any other tender or proposed tender/quotation or
proposed quotation for the said work/supply/service any act or thing of this sort
described above.
We/I also agree to adhere to and be bound by:-
(i) The Special Condition Against Unfair Dealing, Undue Influence, etc and
(ii) The Integrity Pact (comprising the Notice to Bidders and Procedures for Bidding for
SEDC contracts) which are incorporated and form part of the tender documentation.
In this declaration, the word ‘person’ includes any persons and any body or association,
corporate or incorporate; and ‘any agreement or arrangement’ includes any such transaction,
formal or informal, and whether legally binding or not.
Date ……………….. Signed ………………………………………………………

Position ……………………………………………………..
For and on behalf of ……………………………………….
………………………………………………………………..
Company’s Stamp………………………………………….
A/1
SECTION A – BIDDER’S DECLARATION
BIDDER’S DECLARATION
PROPOSED REPAIR WORKS TO MEDAN NIAGA SEDC SRI AMAN AT LOT 2010 AND PART
OF LOT 1523, 95000 SRI AMAN SARAWAK
I,...............................................................NRIC No...................................................representing
..................................................................................with registration number........................................................ hereby declare
that I, or any individual(s) representing this company, shall not offer or give bribes to any individual(s)
in Sarawak Economic Development Corporation or any other individual(s), as an inducement to
be selected in the aforementioned quotation. I attach herewith a **Letter of Authorisation which
empowers me, as a representative of the aforementioned company, to make this declaration.
2. If I, or any individual(s) representing this company, is offering or giving any bribes to any
individual(s) in Sarawak Economic Development Corporation or any other ind0ividual(s) as an
inducement to be selected in the aforementioned quotation, I hereby agree, as a
representative of the aforementioned company, for the following actions to be taken:
2.1 Revocation of the contract offer for the aforementioned *tender / quotation; or
2.2 Termination of the contract for the aforementioned *tender / quotation; and
2.3 Other disciplinary actions according to the Government procurement rules and
regulations currently in force.
3. In the event where there is any individual(s) who attempts to solicit any bribe from me or any
individual(s) related to this company as an inducement to be selected for the aforementioned
tender / quotation, I hereby pledge to immediately report such act(s) to the Malaysian Anti-
Corruption Commission’s (MACC) office or at the nearest police station.
Sincerely,
Company’s Stamp
...........................................................
(Name: )
NRIC No:
Note: i) *Delete whichever not applicable

ii) **This declaration is to be submitted together with LETTER OF AUTHORISATION
A/1
AUTHORISATION LETTER BY
BIDDER
[Date: / /2022]
To:
General Manager
Sarawak Economic Development
CorporationLot 2878, The Isthmus,
Off Jalan Bako
SUBJECT: LETTER OF AUTHORISATION
I hereby declare that the person mentioned below is the authorised

representative acting for and on behalf of our Company and authorised to sign
all off the documents relating to this Quotation.
Quotation No. : PPES: Q/05/2022
Company Name :
Name :
NRIC Number :
Designation/Post :
Sincerely,
Company Stamp:
………………………………………………...
Name :
NRIC No. :
Designation/
:
Post
SP/TENDER/QUOTATION/IP/2021
1 of 1
SECTION B :
GENERAL CONDITION AND

REQUIREMENT
 INTEGRITY PACT
 SPECIAL CONDITIONS AGAINST

UNFAIR DEALING, UNDUE
INFLUENCE, ETC
 PERSONAL DATA PROTECTION
 THE TERMS AND CONDITIONS

B/1
SECTION B – PERSONAL DATA PROTECTION
For Agreements with Third Party Service Providers / Consultant /

Contractors (Data Procession)
1. The Consultant/Contractor shall comply and have adequate measures in place

to ensure that its employees, personnel, agents or sub-contractors comply at
all times with the provisions and data protection principles under the Personal
Data protection Act 2010 (PDPA) and other applicable laws and rules and
regulations made thereunder and the Corporation data protection policies.
2. The Consultant/Contractor shall only undertake processing of personal data

reasonably required to perform the Services/Works and, in any event, strictly
in accordance with the Corporation’s instructions. The Consultant/Contractor
shall not disclose personal data to any person other than to employees and
sub-contractors to whom disclosure is necessary for the performance of the
Services/Works. All personal data acquired by the Consultant/Contractor from
the Corporation shall only be used for the purpose of this Agreement and shall
not be further processed or disclosed without the consent in writing of the
Corporation.
3. Nothing in this Agreement shall oblige the Corporation to disclose any

information or data to the Consultant/Contractor if the Corporation is of the
view that to do so would be a breach of the PDPA.
4. Any information and data provided by the Corporation to the

Consultant/Contractor and used by the Consultant/Contractor directly or
indirectly in the performance of this Agreement shall remain at all times the
property of the Corporation. It shall be identified, clearly marked and recorded
as such by the Consultant/Contractor on all media and in all documentation.
5. The Consultant/Contractor shall put in place and undertake to maintain during

the term of this Agreement:
5.1 Appropriate technical and organisational security measures and

precautions to: (a) preserve the integrity and for the protection of the
confidentiality, integrity and security of all any information supplied to
the Consultant/Contractor by the Corporation; and (b) prevent any
corruption or loss, damage or destruction, misuse, modification or
alteration, unauthorised or accidental access or disclosure or
processing of personal data and information;
5.2 Adequate security programmes and processes to ensure that

unauthorised persons do not have access to the personal data or to any
equipment used to process the personal data; and
5.3 The reliability and training of its personnel and staff to ensure
awareness of and compliance with the obligations herein contained.
B/1
SECTION B – PERSONAL DATA PROTECTION
6. In the event of termination of this Agreement and/or completion of the

Services/Works, the Consultant/Contractor shall return immediately to the
Corporation all information and data provided by the Corporation of when
directed to do so by the Corporation, instruct its personnel, agents and sub-
contractors to destroy or permanently delete or erase any part of the
information and data provided by the Corporation from the
Consultant/Contractor’s systems, magnetic data and files. The
Consultant/Contractor shall not copy or retain in any form such information
and data, except as required by law or under the Agreement.
7. Upon the Corporation’s request, the Consultant/Contractor shall permit any

authorised officers of the Corporation to inspect the Consultant’s/Contractor’s
premises, files, and filing and data systems, and have access to, and be
provided with copies of any information to enable the Corporation to satisfy
itself that the Consultant/Contractor is complying with its obligations under this
clause.
8. The Consultant/Contractor shall take all reasonable steps to ensure that its
agents, partners and sub-contractors comply with the obligations set out
above. For the avoidance of doubt, any such sub-contract shall not relieve the
Consultant/Contractor shall remain full responsible and liable for ensuing full
compliance with this clause in all respects.
9. The Consultant/Contractor shall indemnify and keep the Corporation

indemnified against all claims, demands, actions, proceedings, damages,
charges, costs and expenses, fines and penalties which may be brought
against the Corporation in respect of or in any way arising out of or in
connection with:
9.1 A breach by the Consultant/Contractor of this personal data protection

clause; or
9.2 A claim that the Corporation is in breach of the Corporation’s

obligations under the PDPA as a result of any act or omission or
negligence by the Consultant/Contractor.
PDPA: Consultants/Contractors
B/2
SECTION B – THE TERMS AND CONDITIONS
PROPOSED REPAIR WORKS TO MEDAN NIAGA SEDC SRI AMAN AT LOT 2010 AND
PART OF LOT 1523, 95000 SRI AMAN, SARAWAK.
(Quotation No. PPES: Q/05/2022)
THE TERMS AND CONDITIONS
1. Quotation
1.1 Quotation will be received from Contractors Registered with UPKJ under
Works Category Class F, Head II and Sub-Head 5 with Valid Trading License
and CIDB Registered and Bumiputera status up to 12:00 noon on closing date
who is legally capable of marking a contract, and should be under no disability.
1.2 Contractor may submit his/her quoted price to carry out repair works listed in the
summary of quotation subject to the terms and conditions herein contained.
1.3 The Contractor’s quotation shall constitute an offer to carry out the works as
described in the Quotation Form and shall be irrevocable and shall be valid and
open for acceptance by Sarawak Economic Development Corporation (“the
Client”) within thirty (30) days from the closing date.
1.4 A contractor’s registration shall be suspended without prejudice to the right of

SEDC to recover damages for any loss incurred, should the tenderer withdraw his
quotation after the closing date and before a decision is being made, or refuse to
sign the contract after his quotation has been accepted, or if he should be
tenderer who is legally incapable of making a contractor or is under any disability,
or he has submitted more than one (1) Quotation in respect of this works.
Suspension shall be for two (2) years for the first default, five (5) years for
the second default and permanent for the third default.
1.5 The quotation shall remain valid for acceptance for the period of thirty (30) days
from the day quotation closing date.
2. Quotation Forms
2.1 Quotation forms are available at
Human Resources and or Pejabat PIBU Sri Aman (SEDC),

Administration Division, Level 1 Tingkat 2, Lot 2010, Blok 3,
Menara SEDC, Lot 2878 Simanggang Town District, Jalan
The Isthmus, Off Jalan Bako Kelab, 95000 Sri Aman Sarawak
upon payment in cash of :-
(i) non-refundable and deemed reasonable quotation document fee of

RM50.00 ; and
2.2 Only quotation(s) submitted in the Official Quotation Forms will be considered.
B/1
2.3 The Official Quotation Form comprises of the following documents and the
Contractors must sign the Quotation Form at the appropriate places wherever
indicated:
 Declaration of bona fide/competitive quotation

 Form of Quotation
 Bidder’s Declaration
 Special Conditions against Unfair Dealing, Undue Influence, etc.
 Terms and Conditions
 Summary of Quotation
3. Submission
The Quotation must be submitted in a sealed envelope marked at the top left hand corner
of the envelope with the words: “PROPOSED REPAIR WORKS TO MEDAN NIAGA
SEDC SRI AMAN AT LOT 2010 AND PART OF LOT 1523, 95000 SRI AMAN,
SARAWAK” (Quotation No. PPES: Q/05/2022) shall be submitted to:
General Manager
Sarawak Economic Development Corporation
c/o Legal Affairs Division
Level 1, Menara SEDC
Lot 2878, The Isthmus, Off Jalan Bako
on or before 12:00 noon on 19 April 2022 (Tuesday).
4. Inspection before submitting quotation
4.1 The Bidder is required to visit the site to ascertain the site condition and take
measurements on the required works.
4.2 No claim, whether as to the lack of knowledge on the scope of works or site
condition will be entertained or allowed.
5. Communication and Acceptance of Offer
5.1 The Client reserves the right to accept any quotation wholly or partially in his
absolute discretion or to reject any quotation without assigning any reason
thereof.
5.2 Acceptance of the successful quotation will be made by the Client to the
successful Bidder in writing within the validity period of the quotation exercise or
any extension thereof.
6. Completion Period
The completion period is six (6) weeks after site handing over.
B/2
7. Penalty for Delay
7.1 As the Premise is currently in operation, time shall be of the essence of the
contract.
7.2 In the event that the Contractor fail to complete within the period stipulated in
Clause 6 above, the Contractor shall pay a reasonable sum as liquidated and
ascertained damages calculated at the rate of RM200.00 (Ringgit Malaysia Two
Hundred Only) per day for each day of delay.
8. Responsibility of the successful Contractor
8.1 The successful contractor shall comply with the applicable rules and requirements
set by the relevant authorities in carrying out the construction and related works
and are responsible for the risks and liability associated therewith.
8.2 The contractor shall provide safety signages, barriers, paints, labour, safety
equipment, and all the necessary materials for the job.
8.3 The contractor shall be responsible to comply with the requirements of SEDC,
CIDB, council and other authorities when carrying out the works.
8.4 All other contractual matters shall refer to JKR Sarawak Form of Contract
(Ver.2006).
8.5 Contractor can only work from 8:00a.m to 5:00p.m or upon approval from SEDC
on weekdays or day hours during weekends.
8.6 SEDC is not bound to accept the lowest or any quoted price.
B/3
SECTION C :
 JKR FORM OF CONTRACT
 AMENDMENT TO JKR SARAWAK

FORM OF CONTRACT
(VER. 2006)
 APPENDIX TO JKR SARAWAK

FORM OF CONTRACT
(VER. 2006)
JKR SARAWAK
FORM OF CONTRACT
(FIRST PUBLICATION 2006)
RM 10.00 per copy
JKR SARAWAK
FORM OF CONTRACT
JKR Sarawak Form of Contract

PART I
DEFINITIONS AND GENERAL

PART II
EXECUTION OF THE WORKS

PART III
PAYMENTS, COMPLETION AND

FINAL ACCOUNT

PART IV
DELAY, DISPUTE RESOLUTION AND

DETERMINATION

PART V
MISCELLANEOUS

APPENDIX
TO THE
FORM OF CONTRACT

TABLE OF CONTENTS
Part Clause Page No
(I) DEFINITIONS AND GENERAL

1 Definition of Terms 1
1.1 Definition 1
1.2 Approved, Endorsed and Directed 2
1.3 Singular and Plural Terms 2
1.4 Heading or Notes 3
1.5 Reference to Clauses 3
2 Scope of Contractual Obligations 3

2.1 Scope 3
2.2 Adequacy of Contract Sum 3
2.3 Recovery of Sums Due 3
2.4 Deduction from Money due to Contractor 3
3 Inspection of Site 4
4 Contract Documents 4
4.1 Custody of Contract Documents 4
4.2 Contract Documents to be Mutually Explanatory 4
4.3 Copies of Contract Documents 4
4.4 Documents to be kept on Site 5
4.5 As-built Drawings 5
4.6 Return of Documents 5
4.7 Restriction in Use 5
5 General Obligations of Employer 5
6 General Obligations of Contractor 6

6.1 Contractor’s General Responsibilities 6
6.2 Site Operations and Methods of Construction 6
6.3 Contractor’s Responsibility for Sub-Contractors 6
6.4 Notification of Discrepancy, etc. 6
7 Quality of Materials and Workmanship 7

7.1 Quality Assurance and Quality Control 7
7.2 Quality of Materials, Goods, Equipment and Workmanship 7
7.3 Samples 7
7.4 Notification Times 7
7.5 Licenses, Permits, Rights and Royalties 7
7.6 Superintending Officer’s Right to Test, etc. 7
7.7 Cost of Test 8
7.8 Defects during the Works 8
JKR Sarawak Form of Contract (i)

8 Basis of Contract 9
8.1 Contract based on Bills of Quantities 9
8.2 Contract based on Drawings and Specifications 10
9 Service of Notices, etc. 10

9.1 Method and Time of Serving 10
9.2 Particular Form of Communication 11
9.3 Other Documents 11
10 Performance Security 11
10.1 Due Performance 11
10.2 Application 11
10.3 Validity 11
10.4 No Early Release of Performance Security 12
(II) EXECUTION OF THE WORKS

11 Superintending Officer and Superintending Officer’s 13
Representatives
11.1 Duties of Superintending Officer and Superintending 13
Officer’s Representatives
11.2 Appointment of Assistant(s) to the Superintending Officer 13
11.3 Superintending Officer’s Instructions 14
11.4 Limitation of Superintending Officer’s Powers 15
11.5 Approval by Superintending Officer 15
12 Contractor’s Representative 16
13 Possession of Site and Commencement of Work 16

13.1 Possession of Site 16
13.2 Commencement of Work 17
13.3 Occupation or Use of or Relevant Rights over any Land 17
14 Works Programme and Method Statement 18

14.1 Submission of Works Programme and Method Statement 18
14.2 Works Programme and Method Statement not Part of 18
Contract Documents
14.3 Endorsement 18
14.4 Non-Concurrence 18
14.5 Start of Work without Endorsement 19
14.6 Modification or Revision 19
15 Engagement of Workmen and Labour 19

15.1 Compliance with Labour Ordinance, etc. 19
15.2 Engagement of Workmen and Labour 19
15.3 Default in Payment of Wages, etc. 19
16 Removal of Workmen and Other Personnel 20
JKR Sarawak Form of Contract ( ii )

17 Days and Hours of Working 20
17.1 No Work to be Done 20
17.2 Exception to No Work 20
18 Unfixed Materials, Goods and Equipment 21
19 Plant 21
20 Setting out of Works 21

20.1 Accurate Setting Out 21
20.2 Errors in Setting Out 21
21 Inspection of Work 22
21.1 Examination and Measurement of Works before Covering Up 22
21.2 Failure to Comply 22
21.3 Uncovering and Making Openings 22
22 Access to Works, etc. 22
23 Assignment and Sub-Contracting/Sub-letting 23

23.1 Consent of Employer for Assignment 23
23.2 Void Assignment 23
23.3 Consent of Employer for Sub-Contracting /Sub-letting 23
23.4 Further Conditions for Assignment or Sub-Contracting/Sub-letting 23
24 Indemnity for Injury to Persons and Property Damage 24

24.1 Injury to Persons 24
24.2 Damage to Property 24
24.3 Interference 24
24.4 Indemnities 24
24.5 Injury to Workmen 24
24.6 Notification of Claims 25
24.7 Environmental Protection 25
24.8 Work Through Private Land 26
25 Insurance 26
25.1 Insurance for Workmen 26
25.2 All Risks Insurance 27
25.3 Contractor Liable for Insurance Excesses 28
25.4 Damage, Loss or Injury to the Works, etc. 28
25.5 Other Requirements 28
25.6 Default in Insuring/Renewing Insurance 29
26 Nominated Sub-Contractors 29
26.1 Prime Cost Sums 29
26.2 Effecting Prime Cost Sums 29
26.3 Responsibility of Contractor 30
26.4 Costs included in Sub-Contract Sum 31
26.5 Payment to Nominated Sub-Contractor 31
26.6 Proof of Payment and Direct Payment 31
JKR Sarawak Form of Contract ( iii )

26.7 Final Payment to Nominated Sub-Contractor 32
26.8 No Contractual Relationship 32
27 Nominated Suppliers 32
28 Provisional Sums 33
28.1 Definition and Payment 33
28.2 Conversion of Provisional Sum to Prime Cost Sum 33
29 Provisional Quantities 33
30 Contractor’s Design of Work 34

30.1 Submission of Drawings and/ or Design Documents 34
30.2 Contractor’s liability to Employer 34
30.3 Endorsement of Superintending Officer 34
31 Independent Contractors 34
31.1 Employer’s Right to Engage Other Contractors 34
31.2 Inspection of Work Done by Other Contractors 35
(III) PAYMENTS, COMPLETION AND FINAL ACCOUNT

32 Valuation of Variations 36
32.1 Variations 36
32.2 Measurement and Valuation for Contract based on 36
Bill of Quantities
32.3 Measurement and Valuation for Contract based on 37
Drawings and Specifications.
32.4 Dayworks 37
32.5 Variation Proposal from Contractor 38
32.6 Notice for Measurement 38
32.7 Adjustment to Contract Sum 38
33 Interim Certificates and Payment to Contractor 38

33.1 Interim Certificate and Payment to Contractor 38
33.2 Amount Due for Payment 39
34 Completion of Works 39
34.1 Date for Completion 39
34.2 Notification in Writing 39
34.3 Inspection of Works 39
35 Sectional Completion 40
35.1 Where stated in Contract 40
35.2 Where agreed by Employer 40
36 Partial Occupation by Employer 40

36.1 Partial Occupation with Consent 40
36.2 Consequential Effect 41
JKR Sarawak Form of Contract ( iv )

36.3 Occupation of Part without Consent 41
37 Defects after Completion 41

37.1 Defects Liability Period 41
37.2 Schedule of Defects 42
37.3 Default of Contractor 42
37.4 Diminution in Value of Works 42
37.5 Defects Liability Period for Remedial Works 42
37.6 Certificate of Completion of Making Good Defects 42
37.7 Remedial Work not to interfere with Usage of Facility 43
37.8 Testing of Remedial Work 43
37.9 Contractor’s Right of Access 43
37.10 Use of Works by Employer 43
37.11 Unfulfilled Obligations 43
38 Retention Money 44
38.1 Amount Retained 44
38.2 Release of Retention Money 44
39 Final Certificate 44
39.1 Issue of Final Certificate 44
39.2 Final Certificate shall be Conclusive Evidence 44
39.3 Submission of Claim Documents for Final Certificate 45
39.4 Sums Certified in Final Certificate 45
(IV) DELAY, DISPUTE RESOLUTION AND DETERMINATION

40 Damages for Non-Completion 46
40.1 Deduction for Liquidated and Ascertained Damages 46
40.2 Liquidated and Ascertained Damages Reduction for Works 46
taken over in Sections
41 Delay and Extension of Time 46

41.1 Condition Precedent Notice 46
41.2 Details Required after Notice 46
41.3 Decision by Superintending Officer 47
41.4 Separable Part of Works 47
41.5 Causes of Delay 47
41.6 Exceptionally Inclement Weather 49
42 Claims of Loss and Expense Caused by Delay 49
43 Claims, Disputes and Dispute Resolution 49

43.1 Contractor’s Claims and Conditions Precedent 49
43.2 Employer’s Claims 50
43.3 Disputes and Dispute Resolution 50
44 Determination of Contractor’s Employment 53

44.1 Default for Determination 53
JKR Sarawak Form of Contract (v)

44.2 Other Defaults for Determination 53
44.3 Effect of Determination 53
44.4 Determination Due to Corrupt Acts 55
45 Termination by the Employer 55
(V) MISCELLANEOUS
46 Customs and Import Duties 56
46.1 No Exemption 56
46.2 Subsequent Changes in Duties Payable 56
46.3 Limitation 56
47 Antiquities and Fossils 56
48 Fluctuation of Price 56
49 Governing Law 56
APPENDIX 57
JKR Sarawak Form of Contract ( vi )

Appendix to the Form of Contract
Clause
8.1 Bill of Quantities Applicable/ Not-applicable
8.2 Drawings and Specifications Applicable/ Not-applicable
11.4 Officer(s) empowered to take action on behalf

of the Employer in respect of :
Clause 26, 27, 29, 33, 34, 37, 39 ___________________
Clause 11, 28, 35, 40, 41, 42, 43, 44 ___________________
25.2(a) (i) Percentage of Professional Fees

(if Applicable) ___________________
(ii) Removal of debris (if applicable) RM________________
(iii) Materials/equipments supplied by RM________________

the Employer (if applicable)
25.2(b) Minimum Insurance Cover for:
(i) any one accident RM________________
(ii) any one period Unlimited
33.1 Period of Interim Certificates Monthly
33.1 Minimum amount in Interim Certificate RM________________
33.2 Officer(s) empowered to certify and approve ___________________
34 Time for Completion ___________________
35.1 Sectional Completion (if applicable)
Identification of sections Time for Completion Liquidated and

or parts (Clause 34) Ascertained Damages
(Clause 40)
_________________________________________________________________________________________
JKR Sarawak Form of Contract 57
37.1 Defects Liability Period ___________________
37.5 Defects Liability Period for Remedial Works ___________________
38.1 Limit of Retention Money Five (5) percent of

Original Contract Sum
40.1 Liquidated and Ascertained Damages At the rate of

RM ______________
per ______________
or part thereof.
45 Officer (s) empowered to terminate the

Contract ___________________
_________________________________________________________________________________________
1 DEFINITION OF TERMS
1.1 Definition
In the Contract Documents (as hereinafter defined) the following words and expressions shall
have the meanings hereby assigned to them, except where the context otherwise requires:
“Appendix” means the Appendix to the Form of Contract;
“CIDB” means Lembaga Pembangunan Industri Pembinaan Malaysia (Construction

Industry Development Board Malaysia);
“Contract Documents” means the several documents specified in the Form of Agreement
agreed by the parties as forming part of the Contract;
“Contract Sum” means the sum specified in the Form of Agreement and subject only to
adjustment expressly provided for or allowed under this Contract;
“Contractor” means the person or persons, firm or company whose tender has been
accepted by the Employer and referred to as such in the Form of Agreement and includes the
Contractor’s personal representatives, successor, administrator, receiver, liquidator or
permitted assigns;
“Day” means a calendar day according to the Gregorian calendar and includes public
holiday;
“Defects” means any part of the Works not executed properly or completed in
accordance with the Contract, including any Defects whatsoever which may become
apparent during the Defects Liability Period, and where the Contractor is responsible for the
design of any part of the Works, any fault, difficulty or error in such design. Without limiting
the generality of the expression the term shall be taken to include any item of material,
goods, Equipment or work incorporated or used in the Works which does not conform to the
requisite quality standards or pass the tests prescribed in or to be inferred from the Contract;
“Drawings” means the drawings referred to in the Contract including such drawings
which have been prepared by the Contractor and accepted by the Superintending Officer
pursuant to Clause 30.1 and such other drawings as may from time to time be issued or
accepted in writing by the Superintending Officer;
“Employer” means the Government of Sarawak or Malaysia;
“Equipment” means the machinery, apparatus and the like intended to form or
forming part of the Works;
“In writing” means in any written form signed by the authorised person;
“Practical Completion” means completion of the Works including where required the
commissioning of any part of such Works, and where the Works include Equipment which
requires a license for its operation, then completion so as to render such Equipment eligible
for issuance of a license for its operation or use. Provided however the existence of minor
outstanding works and defects, which do not affect the functional use of the Works shall not
affect Practical Completion;
_________________________________________________________________________________________
“Schedule of Rates” means the schedule comprising items and rates of Works as
described in the current version of JKR Sarawak’s Schedule of Rates as stated in the Contact
Documents;
“Site” means the land and other places on, under or through which the Works are to be
executed and any other lands or places provided or approved by the Employer for working
space or any other purpose for the execution of the Contract including any other place as
may be designated in the Contract as forming part of the Site;
“Specifications” means all specifications contained in the Contract including

modifications or additions to the same as may from time to time be issued or approved in
writing by the Superintending Officer;
“Superintending Officer” means the person indicated by name or by office in the letter
accepting the tender and his successors in office or any other person from time to time
appointed in writing by the Employer and notified in writing to the Contractor as
Superintending Officer for the purposes of this Contract;
“Temporary Works” means all the works of a temporary nature of every kind required or
provided for the execution of the Works and the remedy of Defects;
“Time for Completion” means the time for the completion of the Works or any sections
of the Works set out in the Appendix subject to any extension or extensions of time as the
Contractor may be entitled under the Contract;
“Variation” means any increase, decrease, deletion, addition, substitution, alteration or

change of the form, quality, quantity, character, kind, position, dimension, level, or line of
the works, and any changes in the sequence, method or timing of construction, instructed by
the Superintending Officer, or any other matter specifically referred to under this Contract as
being a valid variation. It shall exclude works or requirements implied, shown or set down in
any of the Contract Documents; and
“Works” means the works specified in the Contract Documents, including all variations
provided for under this Contract, which by this Contract is to be handed over to the
Employer, and include all or any portion of the works, materials, goods and Equipment
wherever the same are manufactured or prepared which are to be used in the execution of
this Contract and whether the same may be on the Site or not.
1.2 Approved , Endorsed and Directed
The term “approved”, “endorsed” and “directed” wherever used in this Contract means
approved, endorsed or directed in writing by the Superintending Officer (including
subsequent confirmation of previous verbal approval, endorsement or direction by the
Superintending Officer) and “approval”, “endorsement” or “direction” means approval,
endorsement or direction in writing.
1.3 Singular and Plural Terms
Words importing the singular only also include the plural and vice versa where the context
requires.
_________________________________________________________________________________________
1.4 Headings or Notes
The headings in this Form of Contract shall not be deemed to be part thereof or be taken into
consideration in the interpretation or construction of this Contract.
1.5 Reference to Clauses
All reference to clauses unless otherwise stated, means the clauses in this Form of
Contract.
2 SCOPE OF CONTRACTUAL OBLIGATION
2.1 Scope
The Contractor shall exercise all reasonable care, skill and diligence in carrying out and
complete the Works in accordance with this Contract in every respect in accordance with the
directions and to the satisfaction of the Superintending Officer and shall provide everything
necessary for the completion of the Works whether or not shown in the Contract Drawings
and/or described by or referred to in the Specifications or the Superintending Officer’s
Instructions, provided that it can reasonably be inferred therefrom.
2.2 Adequacy of Contract Sum
The Contractor shall be deemed to have satisfied himself that the Contract Sum covers all
his obligations under the Contract and all matters and things necessary for the proper design
(to the extent required by the Contract), execution and completion of the Works and the
remedying of Defects. No additional payment shall be due to the Contractor on the grounds
of lack of knowledge of any or all matters whatsoever at the time of tendering.
2.3 Recovery of Sums Due
The Employer shall be entitled at all time to deduct any monies owing from the Contractor
to the Employer under this Contract from any sum which may become due or is payable to
the Contractor under this Contract or other contracts to which the Employer and the
Contractor are parties thereto. Such sum may in any event be recovered by the Employer as
a debt.
2.4 Deduction from Money due to Contractor
The Employer or the Superintending Officer of its behalf shall be entitled to deduct any
money owing from the Contract to the Employer under this Contract from any sum which
may become due or is payable to the Contractor under this Contract or any other contracts to
which the Employer and the Contractor are parties thereto. The Superintending Officer in
issuing any interim certificate, shall have regard to any such sum so chargeable against the
Contractor, provided always that this provision shall not affect any other remedy to which
the employer may be entitled for the recovery of such sums.
_________________________________________________________________________________________
3 INSPECTION OF SITE
The Contractor shall be deemed to have inspected and examined the Site and its
surroundings and to have satisfied himself before submitting his tender as to the nature of
the ground and subsoil, the form and nature of the Site, the extent and nature of the Works,
materials, goods and Equipment necessary for the completion of the Works, the means of
communication with and access to the Site, the accommodation he may require and in
general to have obtained for himself all necessary information as to risks, contingencies and
all circumstances influencing and affecting his tender. Any information or document given
or forwarded by the Employer to the Contractor shall not relieve the Contractor of his
obligations under the provisions of this clause. The Employer gives no warranty for the
information or document either as to the accuracy or sufficiency or as to how the same
should be interpreted or otherwise howsoever and the Contractor shall make use of and
interpret the same entirely on his own risk.
4 CONTRACT DOCUMENTS
4.1 Custody of Contract Documents
The original Contract Documents shall remain in the custody of the Employer and shall be
produced as and when required by the Contractor.
4.2 Contract Documents to be Mutually Explanatory
The several documents forming the Contract are to be taken as mutually explanatory of one
another but in the event of any conflict or inconsistency between the documents forming the
Contract, the priority shall be as follows unless stated otherwise:
(a) Form of Agreement

(b) Letter of Acceptance
(c) Correspondence and/or Minutes of Meetings referred to in that Letter of Acceptance
(d) Form of Tender
(e) Addenda
(f) Conditions of Tendering
(g) Form of Contract
(h) Drawings
(i) Specifications of Particular Application or Special Specification
(j) Standard Specifications
(k) Bill of Quantities/ Schedule of Rates
(l) Summary of Tender
4.3 Copies of Contract Documents
Immediately upon the execution of the Contract, the Employer shall furnish without charge
to the Contractor with:
(a) One (1) duplicate of the original Contract Documents

(b) Three (3) sets of the Contract Drawings and Specifications/unpriced Bill of Quantities
_________________________________________________________________________________________
4.4 Documents to be kept on Site
The Contractor shall keep on Site one (1) copy of the Contract Drawings, the Specifications
(if any), unpriced Bill of Quantities which shall at all reasonable times be available for
inspection and use by the Superintending Officer and by any other person authorised by the
Superintending Officer in writing.
4.5 As-built Drawings
Unless otherwise prescribed elsewhere in the Contract Documents the Contractor shall
supply to the Employer, not later than three (3) months from the date of Practical
Completion of the Works (or the date of Practical Completion in respect of the relevant
section of the Works, in the case of completion in sections), without additional charge three
(3) copies, duly verified by the Superintending Officer, of:
(a) as-built Drawings describing the Works or any section of the Works; and
(b) manuals concerning the operations and maintenance of the Works or any section of the
Works, including any installation.
4.6 Return of Documents
Before the issue of the Final Certificate under Clause 39, the Contractor shall, if so requested
by the Superintending Officer, return to the Superintending Officer all Drawings, details,
Specifications, Bill of Quantities and other documents of like nature.
4.7 Restriction in Use
The Contractor shall treat the Contract and everything contained in the Contract as private
and confidential. None of the documents mentioned above shall be used by the Contractor
for any purpose other than this Contract.
5 GENERAL OBLIGATIONS OF EMPLOYER
(a) The Employer shall give the Contractor right of access to and possession of the Site in
accordance with Clause 13.
(b) The Employer shall obtain development or planning approvals, building plan and such
other necessary approvals from the relevant authorities with regards to the Works.
(c) The Employer shall pay the Contractor in accordance with Clause 33.
(d) The Employer shall not obstruct or interfere with the performance of the Contract by
the Contractor, except where expressly provided in the Contract.
(e) In the event of the disability of the Superintending Officer or his ceasing to be the
Superintending Officer for the purpose of the Contract, the Employer shall within thirty
(30) days nominate and appoint such other person as a succeeding Superintending
Officer for that purpose.
_________________________________________________________________________________________
6 GENERAL OBLIGATIONS OF CONTRACTOR
6.1 Contractor’s General Responsibilities

(a) The Contractor shall, with due care and diligence, design (to the extent required by the
Contract), execute and complete the Works and remedy Defects to the satisfaction of
the Superintending Officer in accordance with the provisions of the Contract.
(b) The Contractor shall provide all supervision, labour, construction plant, materials,
goods and Equipment and all other things, whether of a temporary or permanent nature
required in and for such design (to the extent required by the Contract), execution and
completion the Works and remedying of Defects.
(c) The Contractor shall pay all requisite levy to CIDB.
(d) The Contractor shall keep the Site clean and comply with all local authority By-Laws
and any other laws for maintenance of cleanliness, safety and environmental
protection and rectification measures to be taken at the Site.
6.2 Site Operations and Methods of Construction

(a) The Contractor shall take full responsibility for the adequacy, stability and safety of all
operations and methods of construction. Provided that the Contractor shall not be
responsible (except otherwise stated in the Contract or as may be otherwise agreed in
writing between the Employer and the Contractor) for the design of the Works or for
the design of any Temporary Works not prepared by the Contractor or by his sub-
contractors or suppliers.
(b) Where the Contract expressly provides for part of the Works to be designed by the
Contractor as in Clause 30, he shall be fully responsible for the design of that part of
the Works, notwithstanding any approval and endorsement by the Superintending
Officer.
6.3 Contractor’s Responsibility for Sub-contractors

Unless the Contract otherwise provides, the Contractor shall make good any damage, loss or
injury suffered by the Employer by reason of any breach of contract, repudiation, default or
failure on the part of his sub-contractors or suppliers whether nominated or privately
engaged by the Contractor, and shall indemnify the Employer against all and any loss,
expense, costs, damages, liability or claim arising from such breach of contract, repudiation,
default or failure.
6.4 Notification of Discrepancy, etc.

(a) If the Contractor shall find any ambiguity, discrepancy, conflict, inconsistency,
divergence, error or omission (hereinafter referred to as the “discrepancy”) in or
between any of the Contract Documents he shall forthwith notify the Superintending
Officer of the same in writing.
(b) The Superintending Officer shall then explain and adjust the discrepancy and issue to
the Contractor an instruction so as to resolve the discrepancy, provided always that such
discrepancy shall not vitiate the Contract.
(c) If an instruction issued by the Superintending Officer to resolve the discrepancy results
in addition to or reduction from the Contract Sum, such addition or reduction shall be
deemed a Variation.
_________________________________________________________________________________________
7 QUALITY OF MATERIALS AND WORKMANSHIP
7.1 Quality Assurance and Quality Control
(a) Within fourteen (14) days of the issue of the Letter of Acceptance, the Contractor shall
submit to the Superintending Officer a quality plan to ensure that the Works are
designed (to the extent required by the Contract), executed and completed in
accordance with the Contract.
(b) The quality plan shall be subject to the endorsement of the Superintending Officer. The
submission to and endorsement by the Superintending Officer of the quality plan shall
not relieve the Contractor of any of his obligations under the Contract.
7.2 Quality of Materials, Goods, Equipment and Workmanship
All materials, goods, Equipment and workmanship shall be the best of the respective kinds
and standards described in the Contract Documents. The Contractor shall upon the request
of the Superintending Officer furnish him with vouchers and/or manufacturer’s test
certificates to prove that the materials, goods and Equipment comply therewith, but despite
such certification the Superintending Officer reserves the right to require such materials,
goods, Equipment or workmanship to be tested.
7.3 Samples
The Superintending Officer shall be at liberty to call for submission of samples of materials
or the execution of samples of workmanship for approval, and for further samples as are
required until the samples submitted or executed are, in his opinion, in accordance with the
Contract Documents. The Contractor shall provide such samples and goods entirely at his
own costs.
7.4 Notification Times
Where testing, inspections or approvals by the Superintending Officer are specified or

directed, the Contractor shall provide reasonable and adequate notice to enable the
Superintending Officer to arrange such testing, inspections or approvals, taking into account
any travel requirements and the like. However, such notice shall be no less than twenty-four
(24) hours, unless otherwise agreed by the Superintending Officer. The Superintending
Officer may delegate inspection and testing to an independent inspector, who shall have the
same right of entry as the Superintending Officer.
7.5 Licenses, Permits, Rights and Royalties
The Contractor shall obtain all necessary licenses, permits and the like, allow for all time
delays associated therewith, and pay all charges due on account of patent rights, royalties
and other rights in respect of any materials, plant or processes used in or in connection with
the Works.
7.6 Superintending Officer’s Right to Test, etc.
The Superintending Officer shall have the right, but is not obliged to, carry out or order to be
carried out, any tests of any materials, construction or workmanship.
_________________________________________________________________________________________
7.7 Cost of Test
(a) The cost of carrying out any test shall be borne by the Contractor if such test is:
(i) intended by or provided for in the Contract, or
(ii) additional tests required by the Superintending Officer in consequence of some

prior failure or breach of contract or other default of the Contractor.
(b) The cost of carrying out any test shall be borne by the Employer if such test is:
(i) not so intended by or provided for in the Contract, or
(ii) though so intended by or provided for in the Contract but required by the
Superintending Officer to be carried out at any place other than the Site or the
place of manufacture, fabrication or preparation of the materials, goods or
Equipment tested.
Provided always if such test shows the materials, goods, Equipment or workmanship
are not in accordance with the Contract or do not meet the requirements of the
Superintending Officer in accordance with the provisions of the Contract then the cost
of such test shall be borne by the Contractor.
(c) Where the cost of tests is to be borne by the Employer pursuant to Clause 7.8(b), the
carrying out of such test shall be deemed a Variation.
7.8 Defects during the Works
(a) If the Superintending Officer finds Defects during the progress of the Works,
notwithstanding any previous test or interim payment for the Works or part of the
Works, he may instruct the Contractor to do any or all of the following:
(i) to demolish and reconstruct any work to meet the requirements of the Contract;
(ii) to substitute such defective materials, goods or Equipment with proper and
suitable replacements of the same; and/or
(iii) to remove from or not to bring to the Site any materials, goods or Equipment
which in the opinion of the Superintending Officer do not meet the requirements
of the Contract and to replace such materials, goods or Equipment with those
which meet the requirements of the Contract.
(b) The Superintending Officer’s instruction may specify the time within which the
Contractor is to comply with the instruction. If the Contractor defaults in carrying out
such instruction within the time specified by the Superintending Officer, the Employer
shall be entitled to have the work of replacement, removal or correction carried out
departmentally or employ and pay other persons to carry out the same and the amount
of any loss, expense, costs or damages suffered or incurred by the Employer shall be
recoverable from the Contractor and may be deducted by the Employer from any
payment due or to become due to the Contractor, failing which such monies shall be
recovered from the Performance Security or as a liquidated demand in money.
_________________________________________________________________________________________
(c) Notwithstanding Clause 7.9 (a), if the Defects which the Contractor would otherwise
have been liable to rectify at his own cost is such that in the opinion of the
Superintending Officer it will be impracticable or inconvenient to the Employer to have
the Contractor to rectify, the Superintending Officer may give an instruction that the
Defects be not remedied in which case the provisions of Clause 37.4 shall apply.
8 BASIS OF CONTRACT
Clause 8.1 shall apply for Contract based on Bills of Quantities and Clause 8.2 shall apply for
Contract based on Drawings and Specifications. The clause applicable shall be stated in the
Appendix.
8.1 Contract based on Bills of Quantities
(a) Definitions and Interpretations
(i) The term “Bills of Quantities” means the priced Bills of Quantities included in the
Contract subject to modifications, deductions and additions to the same as may be
made by letter or letters of amendment issued by the Employer which forms part of
the Contract.
(ii) The Bills of Quantities shall form part of the Contract. Subject to Clauses 2, 3 and
4, the quantity and quality of the Works to be executed under the Contract shall be
deemed to be that set out in the Bills of Quantities which shall be the basis of the
Contract Sum.
(b) Adjustment of Prices and Rates
(i) Prices and rates in the Bills of Quantities as submitted by the Contractor shall be
subject to the agreement of the Employer as to their reasonableness and shall before
the signing of this Contract be so rectified and adjusted as the Employer may
reasonably require.
(ii) Any adjustment of the prices or rates in the Bill of Quantities required under Clause
8.1(b)(i) above and any arithmetical error or omission in the Bills of Quantities
shall be so rectified and adjusted that when correctly calculated, the total amount in
the Summary of the Bills of Quantities shall represent the same amount as the
tender amount in the Form of Tender.
(iii) The tender amount shown in the Form of Tender shall remain unaltered but the nett
aggregate amount of the difference between the total adjusted amount in the
Summary of the Bills of Quantities and the tender amount shown in the Form of
Tender, whether a nett deduction or nett addition, shall be calculated as a
percentage of the total adjusted amount shown in the Summary of the Bills of
Quantities and all prices or rates throughout the Bills of Quantities shall be subject
to such percentage discounts or premiums as the case may be. Provided always that
Provisional and Prime Cost Sums shall be excluded from such calculation and shall
not be subject to such percentage discount or premium.
_________________________________________________________________________________________
(c) Methods of Measurement
Unless stated otherwise, the Bills of Quantities shall be deemed to have been prepared in
accordance with the current edition of the Malaysian Standard Method of Measurement
of Building Works published by the Institution of Surveyors, Malaysia or Malaysian
Standard Method of Measurement for Civil Engineering Works published by CIDB,
Malaysia. Any deviation from the said Standard Method of Measurement shall be
specified in the Bills of Quantities or elsewhere in the Contract Documents.
8.2 Contract based on Drawings and Specifications
(a) (i) Subject to Clauses 2, 3 and 4, the quality and quantity of the Works included in the
Contract Sum shall be deemed to be that which is shown in the Contract Drawings
or described in the Specifications and the Summary of Tender.
(ii) Where items of work are shown or implied on the Drawings or in the Specifications
as being a requirement under the Contract, or are obviously required to
satisfactorily complete the Works, but are not specifically covered by the item
descriptions in the Summary of Tender, such work shall be deemed to be covered
by related items in the Summary of Tender, and in any event in the tendered lump
sum.
(b) (i) The Summary of Tender shall form part of this Contract and shall be the basis of
the Contract Sum. The items set in the Summary of Tender are aimed at breaking
up the tendered lump sum into identifiable components and they shall, except in so
far as may be otherwise expressly provided for in the Contract, be deemed to cover
all of the Contractor’s liabilities and obligations set or implied in the Contract, and
matters and things necessary for the proper construction, completion and
maintenance of the Works, including any Temporary Works, trials, tests, samples,
overheads and profits and the like.
(ii) Prices in the Summary of Tender as submitted by the Contractor shall be subject to
the prior consent of the Employer as to their reasonableness. Such prior consent
and any subsequent adjustment to the prices in the Summary of Tender shall be
made before the signing of this Contract.
(iii) Any adjustment of the prices in the Summary of Tender in Clause 8.2(b)(ii) above
and any arithmetical error in the prices or calculations of the Contractor in the
Summary of Tender shall be so adjusted and rectified that the total amount in the
Summary of Tender shall correspond and represent the same amount as the tender
amount in the Form of Tender.
9 SERVICE OF NOTICES ETC.
9.1 Method and Time of Serving
(a) Any document shall be deemed to be sufficiently issued or given to or served upon the
Contractor, or the Employer or the Superintending Officer, as the case requires, if:
(i) it is handed to the Contractor or his representative, or the Employer’s designated

representative or the Superintending Officer and an acknowledgement of receipt
obtained, or
_________________________________________________________________________________________
(ii) is sent by post in which case it shall be deemed to have been served seven (7) days
after posting by registered mail or courier or
(iii) is left at the latest advised address of the Contractor or the address of the
Employer’s designated representative or of the Superintending Officer.
(b) Either party may change the address set out in the Form of Agreement by giving fourteen
(14) days notice to the other parties and in the case of the Superintending Officer by
giving fourteen (14) days notice to both parties.
9.2 Particular Form of Communication
Where elsewhere in this Contract a particular form of communication or transmission is

specified for the service of a notice or instruction, such particular form shall apply in
exclusion to any other form.
9.3 Other Documents
The application of this clause shall extend to include drawings and any other documents
relating to this Contract.
10 PERFORMANCE SECURITY
10.1 Due Performance
The Contractor shall at his own expense provide a Performance Security amounting to five (5)
percent of the original Contract Sum for the due performance of the Contract. The
Performance Security shall be in either of the following forms:
(a) a bond with a licensed bank or such other institution(s) acceptable to the Employer and
shall be in the form and terms approved by the Employer; or
(b) a cash deposit.
10.2 Application
If the Contractor shall fail within one (1) month of signing this contract to provide the
Performance Security, the Employer may deduct the amount thereof from any sums otherwise
payable to the Contractor and shall retain that amount as a cash deposit in accordance with
Clause 10.1 above, until the required surety is provided or until such deposit is due to be
refunded.
10.3 Validity
The validity of the Performance Security shall be maintained by the Contractor at all times
until the issuance of the Final Certificate. If at any time, the Performance Security should
expire before the Final Certificate is issued, the Employer may withhold payment due to the
Contractor, deduct from any sum due or determine the Contractor’s employment.
_________________________________________________________________________________________
10.4 No Early Release of Performance Security
For the avoidance of doubt, nothing contained in the Contract Documents and Clause 35
hereof shall entitle the Contractor to the release of the whole or any part of the Performance
Security deposited by him. The Performance Security shall be released only upon the issue of
the Final Certificate.
_________________________________________________________________________________________
11 SUPERINTENDING OFFICER AND SUPERINTENDING OFFICER’S
REPRESENTATIVES
11.1 Duties of Superintending Officer and Superintending Officer’s Representatives
(a) The Superintending Officer shall be responsible for the overall supervision and
direction of the Works. All questions regarding any work under this Contract shall be
referred up by the Contractor to the Superintending Officer.
(b) The Superintending Officer shall act reasonably and be timely in carrying out all or any
of his duties under the Contract.
(c) Notwithstanding Clause 11.1(a) above, the Superintending Officer may from time to
time in writing delegate to such number of Superintending Officer’s Representatives, as
he deem fit, any of the powers and authorities vested in the Superintending Officer and
shall furnish to the Contractor a copy of all such written delegation of powers and
authorities. Any instruction or approval given by the Superintending Officer’s
Representatives to the Contractor within the terms of such delegation shall bind the
Contractor and the Employer as though it had been given by the Superintending Officer
provided always that:
(i) failure of the Superintending Officer’s Representatives to disapprove any work,

materials, goods or Equipment shall not prejudice the power of the
Superintending Officer thereafter to disapprove such work, materials, goods or
Equipment and to order the pulling down, removal or breaking up;
(ii) if the Contractor shall be dissatisfied by reason of any decision of the

Superintending Officer’s Representatives he shall be entitled to refer the matter to
the Superintending Officer within seven (7) days of the receipt of such decision,
and the Superintending Officer shall thereupon confirm, reverse or vary such
decision within seven (7) days failing which the decision of the Superintending
Officer’s Representatives shall apply.
(d) The Superintending Officer’s Representatives shall be responsible to the

Superintending Officer and his duties are to inspect and supervise the Works and to test
and examine any materials, goods or Equipment to be used or workmanship employed
in connection with the Works.
11.2 Appointment of Assistant(s) to the Superintending Officer
(a) The Superintending Officer or the Superintending Officer’s Representatives may

appoint such number of persons to assist the Superintending Officer’s Representatives
in carrying out such duties and exercise such authority (if any) as he deems fit.
(b) The Contractor shall be notified in writing of the names, duties and authority (if any) of
such assistant(s). Such assistant(s) shall have no authority to issue any instructions to
the Contractor except for such instructions as may be necessary to enable them to carry
out their duties and to ensure that the work, materials, goods or Equipment are in
accordance with the Contract.
______________________________________________________________________________________
11.3 Superintending Officer’s Instructions
(a) Subject to Clause 11.4, the Superintending Officer may at his discretion and from time
to time issue further drawings, details and/or written instructions, written directions and
written explanations (all of which are collectively referred to as “Superintending
Officer’s Instructions”) in regard to:
(i) the variation or modification of the design, quality or quantity of the Works or the
addition or omission or substitution of any work;
(ii) any discrepancy in or divergence between the Contract Documents;
(iii) the removal from the Site of any materials, goods or Equipment brought by the
Contractor and the substitution of any other materials, goods or Equipment;
(iv) the removal and/or re-execution of any works executed by the Contractor;
(v) the slowing down, postponement or suspension of any work to be executed under
the provisions of this Contract;
(vi) the dismissal from the Works of any person employed;
(vii) the opening up for inspection of any work covered up;
(viii) the amending and making good of any Defects under Clause 37; and
(ix) other matter affecting the Works.
(b) If any instructions, directions or explanations involving a Variation are given to the
Contractor or his representative upon the Works by the Superintending Officer’s
Representative or verbally by the Superintending Officer such instructions, directions
or explanations shall be confirmed in writing by the Contractor to the Superintending
Officer within seven (7) days, and if not dissented from in writing by the
Superintending Officer to the Contractor within a further seven (7) days shall be
deemed to be Superintending Officer’s Instructions. The Contractor shall forthwith
comply with all Superintending Officer’s Instructions. Provided always that electronic
messages shall be treated as verbal instructions, directions or explanations.
(c) If compliance with Superintending Officer’s Instructions involves any Variation, such
Variation shall be dealt with under Clause 32.1 and the value thereof shall be added to
or deducted from the Contract Sum provided that the Superintending Officer’s
authority to approve Variation under this clause shall be subject to Clause 11.4
(d) If within seven (7) days after receipt of a written notice from the Superintending Officer
requiring compliance with Superintending Officer’s Instructions the Contractor does
not comply therewith, then the Employer may himself execute or pay another
contractor or person to execute any work whatsoever which may be necessary to give
effect to such instructions and all costs incurred in connection therewith shall be
recoverable from the Contractor by the Employer as a debt or may be deducted by him
from any sums otherwise payable to the Contractor.
______________________________________________________________________________________
(e) If in compliance with the Superintending Officer’s instruction as aforesaid involves
expenses or loss beyond that reasonably contemplated by the Contractor for which the
Contractor would not be reimbursed by a payment made under any other provision in
this Contract, then unless the same were issued owing to some breach of this Contract
by the Contractor, the Contractor shall give notice in writing of his intention to claim
for such expense or loss to the Superintending Officer together with an estimate of the
amount of such expense and/or loss, in accordance to Clause 43.1
11.4 Limitation of Superintending Officer’s Powers
Notwithstanding any provision in this Contract, it is hereby agreed that:
(a) The Superintending Officer shall seek and obtain the prior approval of the Employer
and give due consideration thereto, before exercising any of his functions or
conveying any decisions to the Contractor, where such affect the Employer, and that
he shall seek and obtain the prior approval of the Employer in respect of the functions
listed below:
Description of Function/Decision/ Action Clause
• Variation to the Contract 11

• Nominated Sub Contractors and Nominated Suppliers 26, 27
• Expend Provisional Sums 28
• Provisional Quantities 29
• Practical Completion 34
• Issue Certificates 33, 39
• Taking over Sections of Works 35
• Defects after Completion 37
• Damages for non-completion 40
• Extension of time 41
• Claims, Disputes and Dispute Resolution 42, 43
• Initiate Determination of Contract 44
(b) The right to give opinion or approval on behalf of the Employer in respect of the
matters relating to Clause 11.4(a) is expressly reserved to the relevant officer(s) named
in the Appendix.
(c) No act or failure to act, on the part of the Superintending Officer shall be deemed to
prejudice the right of the Employer pursuant to this Contract.
11.5 Approval by Superintending Officer
No verbal or written approval by the Superintending Officer of any material, goods,

Equipment, workmanship, plant, proposed method of construction or any other matter shall of
itself be conclusive evidence that it is in accordance with any requirement of the Contract
other than that such approval shall be obtained, and shall not relieve the Contractor of any
responsibility in connection therewith.
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12 CONTRACTOR’S REPRESENTATIVE
(a) The Contractor shall appoint a competent person (hereinafter referred to as the
“Contractor’s Representative”), who must be capable of receiving instructions in
Bahasa Malaysia or English and who shall be authorized to represent him and shall
notify the Employer and the Superintending Officer in writing the name of such person.
(b) The Contractor’s Representative shall be constantly on the Site during normal working
hours and shall give his whole time to the supervision of the Works including the
remedying of Defects after the date of Practical Completion.
(c) Any instructions, directions, explanations or notices given to the Contractor’s

Representative by the Superintending Officer shall be deemed to have been given to the
Contractor.
(d) The Superintending Officer may object to the appointment or request the removal of
any person appointed or employed as the Contractor’s Representative, provided always
that the Superintending Officer shall not issue such notice of objection or removal
unreasonably or vexatiously. Upon receipt from the Superintending Officer of a notice
of objection or removal in writing, the Contractor shall forthwith remove him from the
Site and shall not thereafter employ him again on the Site in any capacity and shall
replace him by another Contractor’s Representative approved by the Superintending
Officer.
13 POSSESSION OF SITE AND COMMENCEMENT OF WORK
13.1 Possession of Site
Possession of the Site, as complete as may reasonably be possible but not so as to constitute a
tenancy, shall be given on or before the date of possession of Site which date, unless otherwise
provided for in the Contract Documents, shall be four (4) weeks from the date of the Letter of
Acceptance.
Provided always that:
(a) possession of the Site may be given in sections or in parts, and subject to any other
restrictions as stated in the Appendix or in the Contract Documents; and
(b) possession of the Site or part thereof shall only confer on the Contractor a right to such
use and control as shall be necessary to enable him to execute the Works in accordance
with this Contract; and
(c) the Employer may, at any time or from time to time, after reasonable notice, take
possession of any portion of the Site for the purpose of carrying out any other work or
for any purpose whatsoever, and the Contractor shall fully co-operate with the Employer
or the Superintending Officer and shall carefully co-ordinate his work with those other
work carried out by the Employer.
______________________________________________________________________________________
(d) in the event:
(i) of delay in giving the Contractor possession of the Site, or parts thereof; and/or
(ii) that the Contractor is prevented from entering the Site or parts thereof, to carry
out his work, and such event(s) being due to an act, omission, or default of the
Employer or the Superintending Officer;
(iii) that the Contractor is prevented access to any section(s) of the Site as a result of
land blockages due to disputes under the Land Code (Chapter 81) and:
(aa) lasts in excess of two (2) months after the date of notification of the land
blockage; each land blockage shall be treated individually for the purpose
of these requirements;
(bb) such increased access delay period is considered, by the Superintending

Officer, to delay the Contractor in achieving Practical Completion by the
specified Time for Completion; and
(cc) such delay can not be prevented or reduced by reprogramming of the

works;
the delay or impediment shall be deemed not to constitute a breach of contract, but may
be a ground for an extension of the Time for Completion pursuant to Clause 41.
13.2 Commencement of Work
(a) The Contractor shall commence work on Site within fourteen (14) days after the
Employer has given to the Contractor sufficient possession of the Site for
commencement of such work by him, or within such further time as approved by the
Superintending Officer, and the Contractor shall thereafter execute the work under the
Contract regularly and diligently and in accordance with the Contract and shall complete
the same within the Time for Completion.
(b) The Contractor shall, not less than seven (7) days before commencing work on the Site,
give the Superintending Officer notice in writing of the proposed commencement date.
(c) The Contractor shall not commence work unless and until such insurance policies as
specified under Clause 25 together with receipts of the premiums paid, shall have been
deposited with the Superintending Officer.
13.3 Occupation or Use of or Relevant Rights Over any Land
The Contractor shall procure for himself and at his own costs, the occupation or use of or
relevant rights over any land in addition to the Site, which he may deem requisite or necessary
for the execution of the Works under this Contract or for the purpose of this Contract and shall
provide the Superintending Officer with copies of the written agreements of the landowners
concerned. As a condition precedent to the issue of the Final Certificate, if so required by the
Superintending Officer, the Contractor shall provide a properly executed release from all
claims or demands (whether for damages or otherwise howsoever) from the owner, occupier
or from any other persons having an interest in such land.
______________________________________________________________________________________
14 WORKS PROGRAMME AND METHOD STATEMENT
14.1 Submission of Works Programme and Method Statement
Following the Letter of Acceptance, and without prejudice to any requirement to do so earlier
in his tender or the other Contract Documents, the Contractor shall, not later than thirty (30)
days from the date of possession of Site, submit for the endorsement by the Superintending
Officer:
(a) a works programme related to the Time for Completion clearly identifying the
sequence, logic and critical path in which he proposes to carry out the Works including
the various work activities and milestones to be achieved; and
(b) a method statement describing the arrangement, sequence and method of construction
of the Works including Temporary Works.
14.2 Works Programme and Method Statement not Part of Contract Documents
(a) The works programme and method statement shall not constitute part of the Contract
Documents.
(b) The submission to and endorsement by the Superintending Officer of such works
programme and method statement shall not relieve the Contractor of his obligations
under the Contract.
14.3 Endorsement
(a) Endorsement of the works programme and the method statement by the Superintending
Officer shall signify his concurrence with the proposed order or sequence of working in
the works programme and method of construction in the method statement.
(b) The endorsed works programme or method statement may be taken into account in any
dispute for determining a reasonable order or sequence for supplying any outstanding
information or details to the Contractor, or for giving possession of the Site by the
Employer, but shall not otherwise change the contractual obligations of either party in
relation to the Time for Completion, or as to a reasonable time for giving or receiving
further information, or for giving possession of the Site.
(c) In the event of the Superintending Officer’s failure to respond within fourteen (14) days
from the date of receipt of the Contractor’s submission then the works programme
and/or method statement shall be deemed to have been endorsed by the Superintending
Officer.
14.4 Non-Concurrence
In the event the works programme or method statement is not concurred by the
Superintending Officer then the Contractor shall make such further submissions as may be
required until endorsement is obtained.
______________________________________________________________________________________
14.5 Start of Work Without Endorsement
The Contractor may commence execution of the Works pending endorsement of the works
programme or method statement by the Superintending Officer. However the grounds of any
non-concurrence may be taken into account in determining any dispute as to a reasonable
sequence, or order for giving possession of the Site, or for supplying supplementary drawings
or details or information.
14.6 Modification or Revision
(a) The Contractor shall from time to time during the progress of the Works make
modification or revision to the works programme and/or method statement to take into
account any changed circumstances or event affecting the progress and/or the execution
of the Works.
(b) Such modified or revised works programme and/or method statement shall be subject to
endorsement by the Superintending Officer pursuant to provisions of Clause 14.3
15 ENGAGEMENT OF WORKMEN AND LABOUR
15.1 Compliance with Labour Ordinance, etc.
The Contractor shall be deemed to have notice of, and shall comply with all orders, notices or
instructions which may be lawfully issued from time to time by the Director of Labour, and
the Contractor shall comply with the provisions of the Labour Ordinance (Chapter 76) or any
other written law, and any amendments or subsidiary legislation made from time to time to or
under that Ordinance or other written law.
15.2 Engagement of Workmen and Labour
The Contractor shall, unless otherwise provided in the Contract, make his own arrangements
for the engagement of all workmen and labour, local or other, and for their remuneration,
housing, welfare and transport. In case foreign workmen or labour are engaged the Contractor
shall be responsible to obtain their work permits in compliance with relevant laws and
regulations.
15.3 Default in Payment of Wages, etc.
In the event of the default being made in the payment of any money in respect of wages, a
claim of which has been filed in an office of the Department of Labour, and/or payment in
respect of Employee’s Provident Fund contributions of any workmen employed by the
Contractor or his sub-contractors (including “labour only” sub-contractors) and nominated
sub-contractors in and for the performance of this Contract, then the Superintending Officer
having satisfied himself with the proof thereof furnished to him may, upon the failure of the
Contractor to pay the said money, make payment of such claim to the Director of Labour
and/or Employee’s Provident Fund Board, as the case may be, and such payment shall be
deducted from any monies due or to become due to the Contractor under this Contract and
failing which such payment shall be recovered from the Performance Security or as a
liquidated demand in money.
______________________________________________________________________________________
16 REMOVAL OF WORKMEN AND OTHER PERSONNEL
(a) The Contractor shall employ in and about the execution of the Works only such persons
as are of good character, careful, skilled and experienced in their respective vocations
and trades.
(b) The Superintending Officer shall be at liberty to object to and require the Contractor to
remove immediately from the Site any person employed by the Contractor in or about
the execution of the Works who in the opinion of the Superintending Officer
misconducts himself or is incompetent or negligent in the proper performance of his
duties and whose continued presence is undesirable or unacceptable. Such person shall
not again be employed upon the Works without the prior written permission of the
Superintending Officer.
(c) Any person so removed from the Works shall be replaced without delay by a competent
substitute approved by the Superintending Officer provided that the Contractor shall not
be entitled to any claim for any expense whatsoever incurred by him in respect of any
direction given by the Superintending Officer under this clause.
17 DAYS AND HOURS OF WORKING
17.1 No Work to be Done
No work shall be done on:
(a) the weekly day of rest;
(b) any public holiday where this Contract is being carried out; or
(c) between the hours of six (6) in the evening and six (6) in the following morning;
without the written permission of the Superintending Officer provided that when such written
application of the Contractor is approved by the Superintending Officer, the Contractor shall
comply fully with all the requirements of the Labour Ordinance (Chapter 76) in regard thereto
or any subsequent modification or re-enactment thereof and shall bear any costs for
compliance therewith and any extra costs incurred by the Employer in connection with the
supervision of the Works.
17.2 Exception to No Work
No work shall be carried out outside those approved working hours except where:
(a) such work is necessary in the interest of safety of the Works or to protect life or property,
in which event the Contractor shall inform the Superintending Officer of the
circumstances as early as possible; or
(b) prior written approval is obtained from the Superintending Officer, in which event the
Contractor shall provide two (2) days notice to the Superintending Officer (unless the
Superintending Officer agrees to a shorter notification period). Such requests shall not
be unreasonably denied in relation to plant maintenance or similar work not forming part
of the permanent works and/or not requiring supervision by the Superintending Officer,
but shall be dependant on the availability of the Superintending Officer, and/or
conditions imposed by the Superintending Officer for work requiring such supervision.
______________________________________________________________________________________
18 UNFIXED MATERIALS, GOODS AND EQUIPMENT
Unfixed materials, goods and Equipment delivered to and placed on the Site or approved other
secure location, and intended for incorporation in the Works, shall not be removed except for
use upon the Works, unless the Superintending Officer has consented in writing to such
removal. Where the Superintending Officer has included the value of such materials, goods or
Equipment in any certificate in accordance with Clause 33, under which the Contractor has
received payment, such materials, goods and Equipment shall become the property of the
Employer, but the Contractor shall remain responsible for loss or damage to the same.
19 PLANT
No plant, machinery, appliances or scaffolding brought onto the Site by the Contractor may be
removed without the written consent of the Superintending Officer; provided that such consent
shall not be unreasonably withheld to the prejudice of the Contractor.
20 SETTING OUT OF WORKS
20.1 Accurate Setting Out
(a) Unless otherwise stated in the Contract Documents, the Superintending Officer shall be
responsible to provide the original reference points, lines and levels necessary for the
Contractor to set out the Works at ground level.
(b) The Contractor shall be entitled to rely on the original reference points, lines and levels as
shown in the Contract Documents and shall be responsible for:
(i) the accurate setting out of the Works;
(ii) the correctness of the position, levels, dimensions and alignment of all parts of the
Works; and
(iii) the provision of all necessary instruments, equipment, apparatus and labour in
connection with the setting out.
(c) The Contractor shall carefully protect and preserve all benchmark, sight rails, pegs and
other things used in the setting out of the Works.
20.2 Errors in Setting Out
If at any time during the execution of the Works, any error appears in the position, levels,
dimensions or alignment of any part of the Works, the Contractor shall rectify such error to the
satisfaction of the Superintending Officer. The time and cost implications of such rectification
shall be borne by:
(a) the Employer if such rectification is due to the reference points, lines and levels provided
by the Superintending Officer pursuant to Clause 20.1(a); or
(b) the Contractor if such rectification is due to errors in setting out referred to in Clause
20.1(b)
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21 INSPECTION OF WORK
21.1 Examination and Measurement of Works before Covering Up
(a) No part of the Works shall be covered up or put out of view without the approval of the
Superintending Officer and the Contractor shall afford full opportunity for the
Superintending Officer to examine and measure such part of the Works which is about to
be covered up or put out of view.
(b) The Contractor shall give due notice to the Superintending Officer whenever any part of
the Works is ready or about to be ready for examination and the Superintending Officer
shall without unreasonable delay, unless he considers it unnecessary and advises the
Contractor in writing accordingly, attend such examination and measurement of such part
of the Works.
21.2 Failure to Comply
If the Contractor fails and/or neglects to comply with the provisions of Clause 21.1:
(a) the Superintending Officer may require the Contractor to uncover or make openings in or
through any part or parts of the Works or to do all such things as are necessary for the
Superintending Officer to inspect such part or parts of the Works as constructed; and
(b) the cost of such uncovering or making openings and subsequent reinstating and making
good of the same shall be borne by the Contractor whether or not such part or parts
uncovered are found to be executed in accordance with the Contract; and
(c) the Contractor shall not be entitled to any extension of time for any delay caused by such
failure or neglect; and
(d) the additional cost of any measures or requirements carried out by or directed by the
Superintending Officer shall be borne by the Contractor.
21.3 Uncovering and Making Openings
(a) The Contractor shall uncover any part of the Works or make openings in or through the
same as the Superintending Officer may from time to time instruct and shall reinstate and
make good such part of the Works to the satisfaction of the Superintending Officer.
(b) If any such part of the Works has been covered up or put out of view after compliance
with the requirements of Clause 21.1 and is found to be executed in accordance with the
Contract then, such work carried out by the Contractor shall be deemed a Variation.
22 ACCESS TO WORKS ETC.
(a) The Superintending Officer and any person authorized by the Superintending Officer shall
at all reasonable times have access to the Works and to the factories, workshops or other
places of the Contractor or nominated sub-contractor or of any sub-contractor or supplier
where any work, materials, goods or Equipment are being manufactured, fabricated,
assembled, prepared or stored for the Contract.
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(b) Where any such work, materials, goods or Equipment are being manufactured, fabricated,
assembled, prepared or stored in the factories, workshops or other places of a nominated
sub-contractor or sub-contractor or supplier, the Contractor shall by a term in the sub-
contract secure a similar right of access to those factories, workshops or other places for
the Superintending Officer and any person authorized by the Superintending Officer, and
shall take reasonable steps required of him by the Superintending Officer to enforce or
assist in enforcing such right.
23 ASSIGNMENT AND SUB-CONTRACTING/SUB-LETTING
23.1 Consent of Employer for Assignment
The Contractor shall not assign the whole or any part of the Contract or any benefit or interest
or works to be carried out or the obligation to carry out or the right to receive payment for the
whole or any part of the Contract Sum without the prior written consent of the Employer.
23.2 Void Assignment
Any assignment or purported assignment of all the rights or works under this Contract or any
part thereof or the obligation to carry out or the right to receive payment for the whole or any
part of the works under this Contract or the right to receive the whole or any part of the
Contract Sum without the prior written consent of the Employer, shall not bind the Employer,
and such assignment shall, in so far as the Employer is concerned, be deemed to be void and
ineffective, and the intended assignee shall have no claim, right, remedy or cause of action
whatsoever against the Employer. Provided always that there shall be no assignment of any
sum or amount due or certified for payment to a nominated sub-contractor or nominated
supplier.
23.3 Consent of Employer for Sub-contracting/Sub-letting
Except where otherwise provided in the Contract, the Contractor shall not sub-contract/sub-let
the whole or part of the works without the prior written consent of the Employer (which shall
not be unreasonably withheld) and such consent if given shall not lessen or relieve the
Contractor’s liability or obligations under the Contract, and he shall be responsible for the acts,
omissions, defaults and neglects of any of his sub-contractors, agents, servants or workmen as
if they were the acts, omissions, defaults or neglects of the Contractor.
23.4 Further Conditions for Assignment or Sub-contracting/Sub-letting
(a) Save that where the Employer consents to any assignment or sub-contracting/sub-letting
under this clause, the Employer may, in addition to any condition stipulated herein,
impose such further terms and conditions to such assignment or sub-letting as he may
consider fit.
(b) It shall be a condition in any sub-contract, the consent of which has been granted, that
upon the determination of the Contractor’s employment under the Contract, the
employment of the sub-contractor under the Contract shall be determined immediately,
unless the Employer exercises his right for the assignment of benefit of the sub-contract
to him under Clause 44.3
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24 INDEMNNITY FOR INJURY TO PERSONS AND PROPERTY DAMAGE
24.1 Injury to Persons
The Contractor shall take all reasonable care to prevent personal injury to or the death of any
person whomsoever arising out of or in the course of or caused by the execution of the Works,
and shall be solely liable for and shall indemnify the Employer against any loss, liability, claim
or proceedings whatsoever arising under any Law or by statute in respect of such injury or
death, unless due to any act or neglect of the Employer or of any person for whom the
Employer is responsible.
24.2 Damage to Property
The Contractor shall take all reasonable care to prevent or minimize any damage whatsoever to
any property real or personal arising out of or in the course of or by reason of the execution of
the Works (including any property of the Employer other than the Works) and shall be solely
liable for and shall indemnify the Employer against any loss, liability, claim or proceedings in
respect of such damage provided always that the same is due to any negligence, omission or
default of the Contractor, his servants or agents or of any sub-contractor or nominated sub-
contractor.
24.3 Interference
The Contractor shall carry out all operations in connection with the execution of the Works so
as not to interfere unnecessarily or improperly with the public convenience or the use and
occupation of public or private roads, footpaths or properties, whether in the possession of the
Employer or of any other person, and the Contractor shall be liable for and shall indemnify the
Employer against any loss, liability, claim or proceedings in respect of any such matters,
provided always that the same is due to any negligence, omission or default of the Contractor,
his servants or agents or of any sub-contractor or nominated sub-contractor.
24.4 Indemnities
The indemnities given by the Contractor under Clause 24.1, 24.2 and 24.3 above shall not be
defeated or reduced by reason of any negligence or omission of the Employer or the
Superintending Officer or their representatives in failing to supervise or control the
Contractor’s site operations or methods of working or Temporary Works, or to detect or
prevent or remedy defective work, or to ensure proper performance of any other obligations of
the Contractor under the Contract.
24.5 Injury to Workmen
The Employer shall not be liable for or in respect of any damages or compensation payable at
law in respect or in consequence of any accident or injury to any workman or other person in
the employment of the Contractor, nominated sub-contractor or any sub-contractor, save and
except an accident or injury resulting from any act or default of the Employer, its agents, or
servants. The Contractor shall indemnify and keep indemnified the Employer against all such
damages and compensation, save and except as aforesaid, and against all claims, proceedings,
costs, charges and expenses whatsoever in respect thereof or in relation thereto.
______________________________________________________________________________________
24.6 Notification of Claims
(a) Any claim received by the Employer or Superintending Officer in respect of matters in
which the Contractor is required under the Contract to indemnify the Employer will be
passed to the Contractor who shall likewise inform the Superintending Officer of any such
claim which is submitted directly to him by a claimant.
(b) The Contractor shall do everything necessary, including notifying the insurers of claims
received, to ensure that all claims are settled properly and expeditiously and shall keep the
Superintending Officer informed as to the progress made towards settlement, failing
which the Employer shall be entitled to make direct payment to claimants of all
outstanding amounts due to them in the Employer’s opinion and without prejudice to any
other method of recovery to deduct by way of set-off the amount so paid from any sums
due or which become due from the Employer to the Contractor.
(c) If the Contractor receives a claim which he considers to be in respect of matters in which
he is indemnified by the Employer under the Contract, he shall immediately pass such
claim to the Employer.
24.7 Environmental Protection
The Contractor shall safeguard the environment, and shall:
(a) not form any new roads or tracks, alter existing roads or tracks, erect camps, fell trees,
remove or clear vegetation, cut fences or water courses or do anything that may effect the
environment to a significant extent, other than the minimum required to carry out the
Works, without the prior approval of the Superintending Officer.
(b) not light any fires without the prior approval of the Superintending Officer.
(c) be responsible for the proper, safe and tidy disposal of all solid, liquid or gaseous wastes
in accordance with any statutory requirements and without detriment to the Site and its
environment. Refuse shall be removed from Site.
(d) take such steps as are necessary to prevent erosion of the adjacent properties, pollution of
adjacent fishponds or damage to adjacent property as a result of silt deposits, water flows
and the like.
(e) take all practicable steps to minimize dust nuisance from the works to traffic, property or
the public.
(f) minimize the amount of noise caused by carrying out the works and siting any pumps,
generators and noisy equipment so as to cause least possible nuisance to adjacent
properties, and the public.
(g) complete, backfill, and reinstate excavations, holes and trenches as soon as possible after
such excavation, holes and trenches are no longer required, and to the approval of the
(h) dispose of all rubbish and material when it is no longer required on the Site.
______________________________________________________________________________________
24.8 Work Through Private Land
(a) Where any part of the Works are to be constructed on, over, under, in or through private
land the Contractor shall ensure that his methods of working cause the minimum of
disturbance to such land and to its owners and occupiers. This may require the completion
of individual sections of work as far as possible before moving onto the next section.
(b) The Contractor shall not start work on any such part of the Works without prior written
permission from the Superintending Officer which permission will not be unreasonably
withheld.
25 INSURANCE
25.1 Insurance for Workmen
(a) Employee’s Social Security Scheme for Local Workmen
(i) Without prejudice to his liability to indemnify the Employer under Clause 24, the
Contractor shall before commencement of any Work under the Contract, register or
cause to register all local workmen employed in the execution of the Works and
who are subject to registration under the Employee’s Social Security Scheme
(hereinafter referred to as “SOCSO”) in accordance with the Employee’s Social
Security Act, 1969 or any subsequent modification or re-enactment of the said Act.
(ii) The term “local workmen” shall include workmen who are Malaysian citizens and
those who have permanent resident status.
(iii) The Contractor shall submit the Code Number and Social Security Numbers of all
the workmen registered under the said Scheme to the Superintending Officer for
verification and make payment of all necessary contributions from the date of
possession of Site until the date of Practical Completion of the Works. It shall be
the duty of the Contractor to produce to the Superintending Officer contribution
statement or payment vouchers as evidence of payment of such contributions,
whether demanded or not.
(b) Workmen’s Compensation Insurance for Local Workmen not Subject to SOCSO
Contractor shall before commencement of any Work under the Contract, take out
and maintain an insurance policy for local workmen who are not subject to
registration under SOCSO in accordance with the Employee’s Social Security Act,
1969 or any subsequent modification or re-enactment of the said Act.
(ii) Such insurance policy or policies shall be effected and maintained in the joint
names of the Employer and the Contractor and any sub-contractors from the date of
possession of Site until the date of Practical Completion and in such manner that
the Employer, the Contractor and any sub-contractors are also covered during the
Defects Liability Period for any claim which may arise in the course of the
execution of Works and rectification of Defects pursuant to Clause 37.
______________________________________________________________________________________
(c) Workmen’s Compensation Insurance for Foreign Workers
Contractor shall before commencement of any Work under the Contract, take out
and maintain a Workmen’s Compensation Insurance Policy for all foreign workers
under the Workmen’s Compensation Act 1952, Workmen’s Compensation (Foreign
Workers’ Compensation Scheme) (Insurance) Order 1998 or any subsequent
modification or re-enactment of the said Act or Order.
(ii) Provided that, in relation to foreign workers employed by any sub-contractor, the
Contractor’s obligations to insure under this clause shall be satisfied if the sub-
contractor has insured against the liability in respect of such foreign workers in
such manner that the Employer and the Contractor is indemnified under the policy,
but the Contractor shall require such sub-contractor to produce to the Employer,
when required, such policy of insurance and the receipts in respect of premiums
paid under such policy or policies.
(iii) Such insurance policy or policies shall be effected and maintained in the joint
names of the Employer and the Contractor and any sub-contractors from the date of
possession of Site until the date of Practical Completion and in such manner that
the Employer, the Contractor and any sub-contractors are also covered during the
Defects Liability Period for any claim which may arise in the course of the
execution of the Works and rectification of Defects pursuant to Clause 37.
25.2 All Risks Insurance
(a) Without limiting his obligations or responsibilities under Clause 24, the Contractor
shall before commencement of any work under the Contract take out and maintain an
All Risks Insurance policy to insure against loss and damage by fire, lightning,
explosion, storm, tempest, flood, ground subsidence, bursting or overflowing of water
tanks, apparatus or pipes, aircraft and other aerial devices or articles dropped therefrom,
riot and civil commotion, all works executed and all unfixed materials, goods and
Equipment, delivered to, placed on or adjacent to the Works and intended for or
connected with the Works and Temporary Works (but excluding tools and construction
plant owned or hired by the Contractor or any Sub-contractors) to the value of not less
than the Contract Sum plus any amount which may be specifically stated in the
Appendix.
(b) The third party liability in respect of personal injuries or death or damage to property
real or personal (other than the Works) arising out of or in course of or by reason of the
carrying out of the Works shall be subject to the minimum limitations as to the extent of
liability for any one accident or any one period as set out in the Appendix.
(c) Such insurance policy or policies shall be effected and maintained in the joint names of
the Employer and the Contractor and the sub-contractors from the date of possession of
Site until the date of Practical Completion of the whole of the Works, notwithstanding
any arrangement for sectional completion or partial occupation by the Employer under
this Contract, and in such manner that the Employer, the Contractor, nominated sub-
contractors and any sub-contractors are also covered during the Defects Liability Period
for any claim which may arise in the course of the execution of the Works and
rectification of Defects pursuant to Clause 37 or the date of determination of the
employment of the Contractor under Clause 44 or termination of the Contract under
Clause 45, whichever is the earlier.
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25.3 Contractor Liable for Insurance Excesses
The Contractor shall be fully responsible and liable for any insurance excess stipulated in the
insurance policy or policies provided under this clause, provided that the Contractor’s liability
for such excess shall be reduced in proportion to the extent to which any act or neglect of the
Employer or of any person for whom the Employer is responsible, has contributed to the said
damage, loss or injury.
25.4 Damage, Loss or Injury to the Works, etc.
(a) If any damage, loss or injury affecting the whole or any part of the Works or any
materials, goods or Equipment is occasioned by any one or more of the risks covered by
the insurance policy or policies referred to in this clause then, upon discovering the said
damage, loss or injury, the Contractor shall immediately give notice in writing to the
Superintending Officer of the extent, nature and location of such damage, loss or injury.
(b) The occurrence of such damage, loss or injury shall be disregarded in computing any
amounts payable to the Contractor under or by virtue of the Contract.
(c) After any inspection required by the insurers or other persons authorized by the insurers
in respect of a claim under the said insurance policy referred to in this clause has been
completed, the Contractor shall subject to Clause 24 proceed immediately and with due
diligence to make good with all reasonable expedition such damage, loss or injury
including removal and disposal of any debris to the satisfaction of the Superintending
Officer and proceed with the construction and completion of the Works.
(d) The Contractor and any sub-contractors who are recognized as insured under the said
insurance policy referred to in this clause shall authorize the insurers to pay all monies
from such insurance in respect of the damage, loss or injury referred to in this clause to
the Employer. Any monies, if and when received shall be released to the Contractor (less
only the said percentage for professional fees, if any) by installments on the Interim
Certificates issued by the Superintending Officer.
(e) The amounts released under this clause shall be calculated as from the date of receipt of
the monies in proportion to the extent of work of restoration, replacement or repair carried
out by the Contractor. The Contractor shall not be entitled to any payment in respect of
such work of restoration, replacement or repair and the removal and disposal of debris
other than the monies received under the said insurance policy or policies.
25.5 Other Requirements
(a) The insurance referred to in this clause shall be effected with an insurer and on terms
approved by the Superintending Officer.
(b) Each policy taken out pursuant to this clause shall provide expressly for the payment in
the first place to the Employer of any insurance money due under the policy.
(c) The Contractor shall deposit with the Superintending Officer the original of each of the
relevant policy or policies of insurance and the receipts in respect of premiums paid under
such policy or policies.
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25.6 Default in Insuring/Renewing Insurance
In the event the Contractor defaults in taking out or maintaining the insurance policy or
policies as stipulated in this clause, the Employer (without prejudice to any rights or remedies
available) may himself take out and/or maintain the necessary insurance policy or policies and
the amount paid by him in respect of premiums shall be recoverable from the Contractor or
deducted from any payment due or to become due to the Contractor under the Contract.
26 NOMINATED SUB-CONTRACTORS
26.1 Prime Cost (P.C.) Sums
The Prime Cost (P.C.) Sums in respect of works executed completely by nominated sub-
contractors are at the complete disposal of the Superintending Officer who may deduct the
same wholly or in part from the Contract Sum and nominate such persons as the Employer
selects to execute the works to which these P.C. Sums apply. The Contractor is deemed to
have included in his tender price or as separately indicated in the Contract Documents, the
profit inclusive of establishment charges and for attendance as described hereafter.
26.2 Effecting Prime Cost Sums
(a) The Employer or the Superintending Officer if instructed by the Employer, shall obtain
tenders for the nominated sub-contractors’ work or services of which Prime Cost Sums
are included in the Contract Documents and the Contractor shall on the written
instruction of the Superintending Officer enter into such sub-contracts with the
nominated sub-contractors in the terms and conditions provided by the Employer.
(b) The Employer shall not nominate as a sub-contractor in connection with the Works:
(i) A person against whom the Contractor objects in writing within fourteen (14) days
of the date of receipt of the Superintending Officer’s instruction (sent by registered
mail) and if the Superintending Officer considers the objection to be reasonable; or
(ii) A person who will not enter into a sub-contract with the term and conditions as
stated in Clause 26.2
(c) If pursuant to Clause 26.2(b) above, the Contractor is not required to enter with a sub-
contract with a nominated sub-contractor, the Employer shall:
(i) nominate an alternative sub-contractor in which case Clause 26.2(b) shall apply;
(ii) vary the Works or the work or services, materials, goods or Equipment, the subject
of Prime Cost Sums including if necessary the omission of any such work or
services, materials, goods or Equipment so that they may be provided by workmen,
contractors or suppliers as the case may be employed by the Employer either
concurrently with the Works or at some other date; or
(iii) instruct the Contractor to execute such work or services pursuant to Clause 11.3
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26.3 Responsibility of Contractor
(a) The Contractor will be fully responsible for all nominated sub-contractors and any delay
or damage thereby occasioned and will be responsible for the supervision and
administration of all sub-contracts and will be required to arrange a programme schedule
with each of the nominated firms. These schedules will be subjected to the approval of
the Superintending Officer. The Contractor is deemed to have included in his tender price
or to price where indicated in the Bill of Quantities or Summary of Tender for providing
attendance services to nominated sub-contractors and such attendance shall include for
the following:
(i) ascertaining from sub-contractors all particulars relating to their works in regard to
sizes and positions in which chases, holes, mortices and similar items are required
to be formed or left. (The Contractor will be responsible for any additional cost
incurred as a result of any omission on his part in this respect);
(ii) affording free and full use of standing scaffolding, messrooms, sanitary
accommodation and welfare facilities;
(iii) erecting, maintaining and removal on completion temporary office and storage
accommodation for the sub-contractor;
(iv) providing all artificial lighting and water for sub-contractor’s work;
(v) supplying all setting out information;
(vi) giving all necessary dimensions and taking responsibilities for all their accuracy;
(vii) making available temporary power supplies required for the execution of the works
including bringing the supplies to a point on the site convenient for the connection
by the sub-contractor in accordance to Clause 26.4(b);
(viii) clearing away rubbish from Site;
(ix) taking responsibility for and covering and protecting against all loss or damage to
all executed and part executed sub-contractor’s work.
(b) In and for the purpose of this Contract, the Contractor shall be fully responsible to ensure
that the nominated sub-contractor shall conform with the terms and conditions of this
Contract and shall be fully responsible for the acts, defaults or breach of any terms or
conditions by the nominated sub-contractors on their part in the same way as for his own
or those of the other sub-contractors engaged by himself, and the Employer shall in no
circumstances be liable to the Contractor for the default of any nominated sub-
contractors.
(c) In the event of repudiation or abandonment of his sub-contract by any nominated sub-
contractor, or the determination by the Contractor of the employment of the nominated
sub-contractor for any reason whatsoever under the sub-contract, the Contractor shall do
one of the following:
(i) With the consent of the Superintending Officer (such consent not to be
unreasonably withheld) employ another competent sub-contractor to complete the
sub-contract; or
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(ii) Himself undertaking to complete the sub-contract.
Provided that in any of such events the Contractor is entitled to be paid the same sum for
the work or services to be executed, or materials, goods or Equipment to be supplied, as
would have been payable had the original nominated sub-contractor completed the sub-
contract without any defaults on his part.
26.4 Costs included in Sub-Contract Sum
The Contractor shall note that the nominated sub-contractor will include in the sub-contract
sum, inter alia, the costs in connection with the following:
(a) unloading, getting in, storing and all handling and hoisting of his materials plant and
tools into required positions;
(b) connection to temporary power supplies, made available by the Contractor for the
execution of the Works and paying all current consumed by him;
(c) the provision of all fuel, gas or steam and all other services that may be required for the
test running, testing, balancing of installations;
(d) taking full responsibility for any loss of, or damage to his own plant, tools, Equipment
and other property on the Site. However, safe guarding all his executed and part
executed works is the full responsibility of the Contractor;
(e) effecting all relevant insurance policies as required under the Contract except insurance
against loss or damage caused by fire of his executed works, materials, goods or
Equipment on Site which is the responsibility of the Contractor.
26.5 Payment to Nominated Sub-Contractor
The Superintending Officer, when issuing an interim certificate under Clause 33, shall state
therein separately the amount of interim or final payment due to each nominated sub-
contractor as to value of their work, materials, goods or Equipment carried out or delivered up
to the relevant date shown in the certificate. Such amount so certified to be due to a nominated
sub-contractor shall be paid by the Contractor to the nominated sub-contractor within fourteen
(14) days from date of receipt by the Contractor of the amount due under the interim certificate
from the Employer, or subject to Clause 26.6(a) be paid directly by the Employer to the
nominated sub-contractor.
26.6 Proof of Payment and Direct Payment
(a) The Superintending Officer may before the issue of an interim certificate under Clause
33 demand from the Contractor a certificate or evidence given by a nominated sub-
contractor, that all amounts included and specified in previous interim certificates have
been paid or discharged or settled by the Contractor, failing which, the Employer shall be
entitled to pay any amount certified due under any interim payment certificate direct to
the nominated sub-contractor but which have not been paid by the Contractor, subject to
the Employer retaining and holding as stakeholder, any amount representing any claim,
cross-claim or set off, defense or counterclaim, as between the Contractor of the one part
and the nominated sub-contractor of another which have been notified in writing to the
Employer by either the nominated sub-contractor or Contractor, pending final judgement
or award in any dispute between them relating thereto.
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(b) The Contractor shall be deemed to have received all amounts certified in any interim or
final payment certificate as due to a nominated sub-contractor which have been paid by
the Employer directly to a nominated sub-contractor under the preceding sub-paragraph
or retained by the Employer pursuant thereto, and a nominated sub-contractor shall have
no claim against the Contractor under the terms of the sub-contract for any amounts so
paid directly by the Employer in pursuance of Clause 26.6(a) above, or retained in
accordance with the provisions of this sub-clause.
(c) The amounts retained by the Employer pursuant to Clause 26.6(a) above shall be held by
the Employer until the resolution of any dispute between the Contractor and the
nominated sub-contractor, and be dealt with in accordance with any judgement or award
given by any court or arbitration tribunal in the resolution of such dispute or in
accordance with any settlement or compromise or joint instructions in writing between or
from the Contractor or nominated sub-contractor as the case may be.
26.7 Final Payment to Nominated Sub-Contractor
If the Superintending Officer desires to secure final payment to any nominated sub-contractor
before final payment is due to the Contractor, and if such sub-contractor has satisfactorily
indemnified the Contractor against any latent defects, then the Superintending Officer may in a
certificate under Clause 33 include an amount to cover the said final payment, and thereupon
the Contractor shall pay to such sub-contractor the amount so certified and the limit of
retention money stated in Clause 33 and/or the Appendix shall be reduced in proportion to the
amount so certified and the Contractor shall be discharged from all liability for the work or
materials covered by such certificate except for any latent defects.
26.8 No Contractual Relationship
Neither the existence nor the foregoing powers nor anything else contained in this Contract
shall create a privity of contract or create any contractual relationship or obligations between
the Employer and any nominated sub-contractor or render the Employer liable to any of them.
27 NOMINATED SUPPLIERS
(a) Where Prime Cost Sums are included in the Contract in respect of any materials, goods
or Equipment to be fixed by the Contractor, such sums shall be paid to such persons who
supply the materials, goods or Equipment, and all specialists, merchants, tradesmen or
others who have been nominated or selected by the Superintending Officer to supply
such materials, goods or Equipment are hereby declared to be suppliers to the Contractor
and are referred to in this Form of Contract as nominated suppliers.
(b) The provisions of Clause 26.2, 26.3 and 26.8 shall similarly apply to the Contractor and
the nominated supplier.
(c) All payments by the Contractor to a nominated supplier shall, unless the Superintending
Officer should otherwise direct, be in accordance with the provisions of Clause 26.5,
26.6 and 26.7
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28 PROVISIONAL SUMS
28.1 Definition and Payment
(a) At the commencement of this Contract, the value of all Provisional Sums shall be
deducted from the Contract Sum. Thereafter, from time to time, as the relevant work is
authorized or directed, and certified by the Superintending Officer, the amount so
certified shall be added to the Contract Sum.
(b) The term “Provisional Sum” provided in the Contract Documents shall mean a sum for
work or for the supply of materials, goods or Equipment which cannot be entirely
foreseen, defined or detailed at the time the tender documents are issued and such sum
may be paid and expended at such times and in such amounts in favour of such persons
as the Superintending Officer may direct. Such sum if not used either wholly or in part
shall as to the amount not used be deducted from the Contract Sum. The value of works
which are executed by the Contractor in respect of Provisional Sums shall be ascertained
in accordance with Clause 32. At the settlement of the accounts the said value of such
works executed by the Contractor shall be set off against all such Provisional Sums and
the balance shall be added to or deducted from the Contract Sum as the case may be.
28.2 Conversion of Provisional Sum to Prime Cost Sum
Any work to be executed or materials, goods or Equipment to be supplied for which

Provisional Sums are provided in the Contract Documents may, if the Superintending Officer
so decides, be treated as Prime Cost Sum items and shall be dealt in accordance with Clause
26.
29 PROVISIONAL QUANTITIES
(a) At the commencement of this Contract, the value of all provisional quantities shall be
deducted from the Contract Sum. Thereafter, from time to time, as the relevant work is
authorized or directed and certified by the Superintending Officer, the amount so certified
shall be added to the Contract Sum.
(b) In respect of any work for which quantities are stated as “Provisional”, such quantities are
the estimated quantities of the work and shall be subject to re-measurement upon the
completion of the Works and shall be calculated at the rate for that provisional quantities
item. Provided that if the actual quantity involved exceeds twenty (20) percent of the
provisional quantities item, then a fair valuation may be made by the Superintending
Officer.
(c) The Contractor shall have no claim upon any portion of the provisional quantity items, and
shall [other than as covered by Clause 41.5(a)(xii)] have no entitlement to claim, whether
pursuant to this Contract or otherwise, as a result of:
(i) the final sums or quantities so expended being to a greater or lesser extent than
scheduled, or such sums not being expended at all; or
(ii) work covered by such sums being deleted in whole or in part from this Contract.
(d) The Contractor shall obtain the Superintending Officer’s prior direction before proceeding
with any such provisional quantities work and assist with, or carry out where so specified
or directed, any required testing or other preparatory work, measurement, etc.
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30 CONTRACTOR’S DESIGN OF WORK
30.1 Submission of Drawings and/or Design Documents
Where the Contractor, either by himself or by his servant, agent, sub-contractor or supplier,
nominated sub-contractor or nominated supplier is required under this Contract to undertake
the design of any part of the Works, he shall in accordance with this Contract, or as required
by the Superintending Officer, submit drawings and/or other design documents relating to
that part of the Works. The Contractor shall submit such drawings and/or other design
documents far enough in advance of when such work is required to be constructed or
supplied, so as to allow the Superintending Officer adequate time [taking into account the
number and complexity of the documents so supplied, but no less than two (2) weeks] to
review such drawings and/or other design documents. The Contractor shall allow for such in
his programme, and shall not commence any work to which such drawings and/or design
documents relate without prior endorsement from the Superintending Officer. The
Contractor shall not alter the design without the further written endorsement of the
30.2 Contractor’s Liability to Employer
The Contractor’s liability to the Employer in respect of any defect or insufficiency in any
design undertaken by the Contractor himself or by his servant, agent, sub-contractor or
supplier, nominated sub-contractor or nominated supplier shall be the same as would have
applied to a Superintending Officer or other appropriate professional designer who had held
himself out as competent to take on work for such design and who acted independently under
a separate contract with the Employer and supplied such design for, or in connection with,
the Works to be carried out and completed by the Contractor not being the supplier of the
design.
30.3 Endorsement of Superintending Officer
The endorsement of the Superintending Officer under Clause 30.1 hereof shall not relieve the
Contractor of any liability which he would otherwise have in respect of the design in
accordance with Clause 30.2
31 INDEPENDENT CONTRACTORS
31.1 Employer’s Right to Engage Other Contractors
(a) The Employer reserves the right to engage any person or contractor to carry out on
the Site, work which does not form part of the Contract, whether or not information in
respect of such work is provided in the Contract.
(b) The Contractor shall permit and shall afford all reasonable facilities for the execution
of such work by other contractor, artists, tradesmen or others engaged by the
Employer. Every person or contractor so engaged shall be deemed to be a person or
contractor for whom the Employer is responsible for and not to be a sub-contractor.
______________________________________________________________________________________
31.2 Inspection of Work Done by Other Contractors
(a) If any part of the Works depends on the prior proper execution of or results from the
work of any other persons or contractors employed by the Employer, the Contractor
shall inspect and promptly report in writing to the Superintending Officer any
apparent discrepancies or Defects in such work that may materially and adversely
affect his execution of the Works. The Superintending Officer shall then issue
instructions to the Contractor to resolve the discrepancies or Defects.
(b) Failure of the Contractor to report to the Superintending Officer of any apparent
discrepancies or Defects in such work shall constitute acceptance by the Contractor of
the work of such persons or contractors as fit and proper for the purposes of
proceeding with the execution of the Works.
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32 VALUATION OF VARIATIONS
32.1 Variations
(a) Subject to Clause 11.3(c) and 11.4(a), the Superintending Officer may at his discretion
issue an instruction requiring a Variation and he may confirm in writing pursuant to
Clause 11.3(b), any verbal instruction requiring a Variation to the Works. No Variation
issued by the Superintending Officer or subsequently confirmed by him shall vitiate this
Contract.
(b) The Contractor shall not make any Variation without an instruction from the
Superintending Officer. Provided that no instruction shall be required for an increase or
decrease in any stated provisional quantity, where such increase or decrease is the result of
carrying out the work covered by the provisional quantity items in order to achieve the
specified or directed line, levels, quality or standard of the original extent of the Works.
(c) If the Contractor considers that an instruction or direction given by the Superintending
Officer although not expressly identified as a Variation, is a Variation (including
instructions to remedy or re-execute defective work or materials which the Contractor is
of the opinion complies with the Contract) then the Contractor shall, within fourteen (14)
days of the receipt of such instruction or direction, notify the Superintending Officer of
such.
(d) The Contractor shall carry out with due diligence and expedition all Variations pending
the valuation of the Variation by the Superintending Officer.
32.2 Measurement and Valuation for Contract based on Bill of Quantities
(a) All Variations authorized or subsequently confirmed by the Superintending Officer in

writing in accordance with Clause 11.3(b), shall be measured and valued by the
(b) Unless where the quantities of the Works or any part thereof are stated as “Provisional” in
the Bills of Quantities, such quantities are conclusive and not subject to re-measurement.
For purposes of valuation of Variations in respect of the said Works or part thereof where
the quantities are conclusive, unless previously or otherwise agreed, such valuation shall
be made in accordance with the following rules:
(i) The rates in the Bills of Quantities after adjustment if necessary as provided in Clause
8.1, shall determine the valuation of work of similar character and executed under
similar conditions as work priced therein;
(ii) The said rates, where work is not of similar character or executed under similar
conditions as aforesaid, shall be the basis of rates for the same, so far as may be
reasonable, failing which a fair valuation thereof shall be made by the Superintending
Officer;
(iii) The rates in the Bills of Quantities shall determine the valuation of items omitted,
provided that if the omission substantially vary the conditions under which any
remaining items of work are carried out, the rates of such remaining items shall be
valued under rule (ii) of this sub-clause.
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(c) Where the quantities of the Works or any part thereof are stated as “Provisional” in the
Bills of Quantities the amount to be paid to the Contractor in respect of the said Works or
part thereof upon the completion of this Contract shall be ascertained by re-measurement
and valuation of the Works including any Variation authorized or subsequently confirmed
by the Superintending Officer in writing under Clause 11, as they are actually executed.
The valuation of such re-measured works including any variation shall be in accordance
with rules (a) and (b)(ii) above, subject always to Clause 29(b).
32.3 Measurement and Valuation for Contract based on Drawings and Specification.
(a) All Variations authorized or subsequently confirmed by the Superintending Officer in

writing in accordance with Clause 11.3(b), shall be measured and valued by the
(b) The valuation of Variations, unless previously or otherwise agreed, shall be made in
accordance with the following rules:
(i) The rates in the Schedule of Rates shall determine the valuation of work [other than
work involving a whole addition of any item of work priced in the Summary of
Tender, which shall be valued in accordance with rule (iii) hereof] of similar
character and executed under similar conditions as work priced therein;
(ii) The said rates, where work is not of a similar character or executed under similar
conditions as aforesaid, shall be the basis of rates for the same, so far as may be
reasonable, failing which a fair valuation thereof shall be made by the
Superintending Officer;
(iii) Where work involves a whole addition of any similar item of work and executed
under similar conditions as work priced in the Summary of Tender, the price of such
item of work in the Summary of Tender shall be the basis of the valuation of the
said item of work;
(iv) The rates in the Schedule of Rates shall determine the valuation of work omitted;
provided that if omission involves a whole omission of any item of work in the
Summary of Tender, the price of such item of work in the Summary of Tender shall
be the basis of valuation of the item omitted.
32.4 Dayworks
Where work cannot properly be measured or valued, the Contractor shall be allowed dayworks
price for the work concerned. Provided always that as a condition precedent to any right to any
payment, the Contractor shall have received from the Superintending Officer an instruction
authorizing that the varied work be executed on dayworks basis and the Contractor shall
produce vouchers, receipts and wage books specifying the time for labour and plant employed
and materials used to the Superintending Officer not exceeding seven (7) days after the work
have been done. Unless otherwise provided in the Schedule of Rates, the dayworks price for
the purpose of this Contract shall be taken which include for the cost of all materials, labour,
plant, tools, scaffolding, supervision and profit.
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32.5 Variation Proposal from Contractor
If the Contractor proposes or submits a Variation to the Superintending Officer for approval
(which term shall include agreement and the like), the Superintending Officer may do so in
writing. Such approval may be conditional, and unless otherwise directed by the
Superintending Officer, the Contractor shall not be entitled to any extension of time, nor any
extra payment but subject to deduction if applicable in respect of such Variation, or anything
arising out of such Variation which would not have arisen had such Variation not been
approved. The Superintending Officer is not obliged to approve such a proposed or submitted
Variation.
32.6 Notice for Measurement
The Superintending Officer shall when he requires any part or parts of the Works to be
measured give reasonable notice to the Contractor who shall attend to assist the Superintending
Officer or the Contractor’s Representative in making such measurement and shall furnish all
particulars required by the Superintending Officer. Should the Contractor or the Contractor’s
Representative not attend then the measurement made by the Superintending Officer or
approved by him shall be taken to be the correct measurement of the work which shall be final
and binding on the Contractor. The Contractor shall be supplied with a copy of the
measurements in respect of the said part or parts of the Works.
32.7 Adjustment to Contract Sum
The amount to be allowed in respect of Variations, as ascertained under the provisions of this
Contract shall be added to or deducted from the Contract Sum as the case may be.
33 INTERIM CERTIFICATES AND PAYMENT TO CONTRACTOR
33.1 Interim Certificate and Payment to Contractor
At the period of interim certificates stated in the Appendix, the Contractor shall, subject to
Clauses 10, 15.3, 25 and 26.6 be entitled to the issue by the Superintending Officer of a
certificate stating the amount due to the Contractor from the Employer, and shall be entitled to
payment within thirty (30) days from the issue of any such certificate. Where payments are
delayed beyond this period, such delay shall not be a breach of Contract, nor a ground for an
extension of time.
Provided that:
(a) the Superintending Officer shall not be required to issue such certificate until fourteen (14)
days after receipt from the Contractor of a detailed written application therefor; and
(b) the Superintending Officer shall not be required to issue any such certificate if the amount
due is less than the minimum stated in the Appendix.
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33.2 Amount Due for Payment
The amount so due shall, subject to Clause 32 and to any agreement between the parties as to
interim payments, be the total value of the work properly executed and of the materials, goods
and Equipment delivered upon the site for use in the Works up to and including a date not more
than seven (7) days before the date of the said written application, less the amounts to be
retained or deducted by the Employer and less any amounts previously paid under this clause.
The amount stated as due in the interim certificate pursuant to Clauses 32.7 and 29(a) shall be
paid up to seventy-five (75) percent where the amount due is not yet certified and approved by
the Employer, who has expressly reserve this to the relevant officer(s) named in the Appendix;
(a) Provided that such certificate shall only include the value of the said materials, goods and
Equipment as and from such time as they are reasonably, properly and not prematurely
brought upon the Site and then only if adequately stored and/or protected against weather
or other casualties. The amount stated as due in the interim certificate for the value of the
unfixed materials, goods and Equipment shall be up to seventy-five (75) percent of their
value, as stated in the Contract Documents or as valued by the Superintending Officer;
(b) Provided always that :
(i) articles supplied and delivered had been paid by the Contractor with proof
of payment via invoices and receipts before a subsequent payment is made; and
(ii) articles used for Temporary Works are not payable.
34 COMPLETION OF WORKS
34.1 Date for Completion
Subject to any requirements as to the completion of any section or part of the Works under
Clauses 35 and 36 before the completion of the whole of the Works, the Contractor shall
bring the whole of the Works to Practical Completion on or before the date for Completion or
such extended time as may be allowed under Clause 41. The date for Completion shall be
calculated from the date of possession of Site pursuant to Clause 13 and the Time for
Completion stated in the Appendix.
34.2 Notification in Writing
When the Contractor considers that the Works have achieved Practical Completion, he shall
notify the Superintending Officer in writing to that effect.
34.3 Inspection of Works
Within fourteen (14) days of receipt of such notice, the Superintending Officer shall carry out
an inspection of the Works and shall do either one of the following:
(a) issue to the Contractor a Certificate of Practical Completion if in his opinion the whole
of the Works have achieved Practical Completion. The date of such completion shall be
certified by the Superintending Officer and such date shall be the date of the
commencement of the Defect Liability Period as provided in Clause 37, or
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(b) give instructions to the Contractor specifying all the works which in his opinion are
required to be completed by the Contractor before the issue of a Certificate of Practical
Completion. The Contractor shall not be entitled to the Certificate of Practical
Completion until the works specified in the said instructions have been completed to the
satisfaction of the Superintending Officer.
35 SECTIONAL COMPLETION
35.1 Where Stated in Contract
Where different Times for Completion for different sections of the Works are stated in the
Appendix and a different and separate Liquidated and Ascertained Damages are provided for
each such section of the Works, the provision of the Contract in regard to:
(a) Clause 34 (Completion of Works);
(b) Clause 37 (Defects After Completion);
(c) Clause 38 (Retention Money);
(d) Clause 40 (Damages for Non-Completion); and
(e) Clause 41 (Delay and Extension of Time);
shall, in the absence of any express provision to the contrary elsewhere in the Contract
Documents apply “mutatis mutandis” as if each such section or part was the subject of a
separate and distinct contract between the Employer and the Contractor.
35.2 Where Agreed by Employer
Where the Employer agrees to accept a section or part of the Works which has reached
Practical Completion, but which section or part is not so stated or identified in the Contract
Documents, such section or part (being hereinafter referred to as the occupied part) shall then
be treated in accordance with Clause 35.1, with the Liquidated and Ascertained Damages for
the remaining works to which the occupied part belongs being reduced in the proportion which
the value of the occupied part bears to Contract Sum for the remaining work.
36 PARTIAL OCCUPATION BY EMPLOYER
36.1 Partial Occupation with Consent
If at any time or times before the whole of the Works have reached Practical Completion, the
Employer with the consent of the Contractor shall take possession of and occupy any part or
parts of the same (any such part being hereinafter referred to as the occupied part), then
notwithstanding anything expressed or implied elsewhere in this Contract:
(a) within fourteen (14) days from the date on which the Employer shall have taken
possession of the occupied part the Superintending Officer shall issue a Certificate of
Partial Occupation stating the estimated value of the said occupied part, and for all the
purposes of this Contract (but for no other) the value so stated shall be deemed to be the
total value of the said occupied part;
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(b) for the purposes of Clauses 34, the occupied part shall be deemed to have reached
Practical Completion and the Defects Liability Period in respect of the occupied part
shall be deemed to have commenced on the date on which the Employer shall have
taken possession and occupied thereof.
36.2 Consequential Effect
(a) At the end of the Defects Liability Period of the occupied part and if in the opinion of
the Superintending Officer any Defects whatsoever in the occupied part which he may
have required to be made good under Clause 37, shall have been made good by the
Contractor, the Superintending Officer shall issue a certificate to that effect.
(b) Notwithstanding the partial occupation by the Employer of the occupied part the
Contractor shall insure and keep insured the Works in the manner as stipulated under
Clause 25 and the Contractor shall give notice to the insurer of such partial occupation.
(c) The Liquidated and Ascertained Damages specified under Clause 40 for any period of
delay after such certification of the Practical Completion of the occupied part under
this clause, shall be reduced in the proportion which the total value of the occupied
part bear to the Contract Sum.
36.3 Occupation of Part without Consent
(a) The Employer may enter and occupy such part of the Works prior to the completion of
the whole of the Works without the consent of the Contractor pursuant to Clause 36.1
provided that:
(i) the completion of the Works has been delayed, and
(ii) such entry and occupation of such part of the Works by the Employer can be
effected without any unreasonable disturbance to the Contractor’s arrangements
for completing the remainder of the Works.
(b) The Contractor shall upon the instruction of the Superintending Officer remove his
construction plant or Temporary Works from the occupied part and permit the
Employer to occupy the same and the provisions of this clause shall apply in the same
manner as if the Contractor had consented to the Employer taking possession of such
part.
37 DEFECTS AFTER COMPLETION
37.1 Defects Liability Period
At any time during the Defects Liability Period as stated in the Appendix (or if none stated the
period is twelve (12) months from the date of Practical Completion of the Works), any Defects
whatsoever which may appear and which are due to materials, goods, Equipment or
workmanship not in accordance with this Contract, shall be notified by the Superintending
Officer in a written instruction to the Contractor who shall, within a reasonable time to be
specified therein by the Superintending Officer make good such Defects at the Contractor’s
own costs.
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37.2 Schedule of Defects
Notwithstanding Clause 37.1 above, any Defects which may appear during the Defects
Liability Period and requires to be made good by the Contractor, shall be specified by the
Superintending Officer in writing to the Contractor in the Schedule of Defects, not later than
fourteen (14) days after the expiration of the Defects Liability Period. The Defects specified in
the schedule of Defects shall be made good by the Contractor at his own costs and are to be
completed within a reasonable time specified therein but in any case not later than three (3)
months after the receipt of the said Schedule. Provided that the Superintending Officer shall
not be allowed to issue any further instruction requiring making good of any Defects after the
issue of the said schedule of Defects or after fourteen (14) days from the expiration of the said
Defects Liability Period, whichever is the later, except those instructions relating to the
Contractor’s remedial work, and such earlier remedial work for which a Defects liability still
applies pursuant to Clause 37.5.
37.3 Default of Contractor
If the Contractor shall fail to comply with either Clause 37.1 or 37.2 or both within the time so
specified, the Works so affected may be made good in such manner as the Superintending
Officer may think fit, in which case the costs thereby incurred shall be deducted from any
money due or to become due to the Contractor under this Contract and failing which such costs
shall be recovered from the Performance Security or as a liquidated demand in money.
37.4 Diminution in Value of Works
If any Defects whatsoever be such that, in the opinion of the Employer, it shall be
impracticable or inconvenient to the Employer to have the Contractor to remedy the same, the
Superintending Officer shall ascertain the diminution in the value of the Works due to the
existence of such Defects (including but not limited to loss of functionality) and deduct the
amount of such diminution from any money due or to become due to the Contractor under this
Contract, and failing which such diminution shall be recovered from the Performance Security
or as a liquidated demand in money.
37.5 Defects Liability Period for Remedial Works
If it becomes necessary for the Contractor under Clauses 37.1 and 37.2 above to execute any
remedial work, the provisions of this Contract relating to the Works shall apply to the remedial
work as if it were the Works and the Defects Liability Period for such remedial work shall be
the Defects Liability Period or, as the case may be, to the separable part of the Works on which
the remedial work is completed and accepted, all as stated in the Appendix (if none is stated, it
shall be deemed to follow Clause 37.1).
37.6 Certificate of Completion of Making Good Defects
Subject to Clause 37.5, when in the opinion of the Superintending Officer the Contractor has
made good the Defects which he is required to make good under Clauses 37.1 or 37.2, or both,
the Superintending Officer shall issue a Certificate of Completion of Making Good Defects and
the date named in such certificate shall be the date on which the Contractor has completed
making good such Defects.
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37.7 Remedial Work not to interfere with Usage of Facility
The remedial work shall be carried out with the minimum interference to the usage of the
facility, with the method and programming of such remedial work to be agreed by the
Superintending Officer, prior to the commencement of such work.
37.8 Testing of Remedial Work
If any remedial work is of such a character as may affect the efficiency or adequacy of the
Works the Superintending Officer may, within one (1) month after completion of that remedial
work, notify the Contractor that further tests are to be made in accordance with Clause 7. The
costs of such further tests shall be borne by the Contractor.
37.9 Contractor’s Right of Access
Until the Certificate of Completion of Making Good Defects is issued, the Contractor and his
duly authorized representatives whose names have been previously communicated in writing to
the Superintending Officer shall, for the purposes of carrying out any remedial work or making
any tests or inspections and subject to the approval and requirements of the Superintending
Officer, have the right of entry in so far as it may be necessary for all or any of those purposes,
at the Contractor’s own risk and costs and at all reasonable times to the Works. Any action
taken by the Contractor for any of the purposes expressed in this clause shall not disrupt or
inconvenience the normal activities of the users of the Works.
37.10 Use of the Works by Employer
Subject to Clauses 37.7 and 37.9 above and to any restrictions on the use of the Works that the
Superintending Officer may determine to be necessary for the execution of remedial work by
the Contractor, the Employer and any person or persons authorized by the Employer (which
shall be deemed to include the users of the facility) shall have the full, free and unrestricted use
of the Works without interference on the part of the Contractor during the Defects Liability
Period specified in this Contract. Such use of the Works by the Employer and any person or
persons so authorized by him shall not relieve the Contractor from any liability or obligation
under this Contract.
37.11 Unfulfilled Obligations
Notwithstanding the issue of the Certificate of Completion of Making Good Defects under
Clause 37, the Contractor and the Employer shall remain liable for the fulfillment of any
obligation incurred under the provisions of the Contract prior to the issue of the said certificate
which remains unfulfilled at the time such certificate is issued and, for the purpose of
determining the nature and extent of any such obligation, the Contract shall be deemed to
remain in force between the parties hereto.
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38 RETENTION MONEY
38.1 Amount Retained
The amount which may be retained by the Employer by virtue of this clause shall be ten (10)
percent of the value of the work and materials, goods and Equipment as in Clause 33.2 and up
to the amount stated in the Appendix as Limit of Retention Money. Provided that where in
accordance with Clauses 35 and 36, the Works are taken over in sections that limit shall be
reduced for each section so taken over in proportion to the value of that section or as stated in
the Appendix.
38.2 Release of Retention Money
On Practical Completion of the Works in accordance with Clause 34 or of any section thereof
in accordance with Clauses 35 and 36, the Superintending Officer shall issue a certificate for
one half of the amount so retained in respect of the Works or of that section thereof, and the
other half shall be included in the Superintending Officer’s Final Certificate.
39 FINAL CERTIFICATE
39.1 Issue of Final Certificate
Within three (3) months after the expiry of the Defects Liability Period for the whole of the
Works or three (3) months after the issue of the Certificate of Completion of Making Good
Defects under Clause 37, whichever is the later, the Superintending Officer shall issue the Final
Certificate, subject to Clause 4.6, 13.3, 15.3 and the following sub-clauses.
39.2 Final Certificate shall be Conclusive Evidence
(a) The Final Certificate shall be conclusive evidence in any proceedings arising out of this
Contract (whether by arbitration under Clause 43 or otherwise) that the Works have been
properly carried out and completed, properly and accurately measured and valued in
accordance with this Contract, save as regards any matter in respect of which notice in
writing shall have been given in accordance with Clauses 43 before the Final Certificate
has been issued and save in so far it is proven in the said proceedings that any sum
mentioned in the said certificate is erroneous by reason of:
(i) fraud, dishonesty or fraudulent concealment relating to the Works or any part thereof
or to any matter dealt with in the said certificate; or
(ii) any defect (including any omission) in the Works which reasonable inspection or
examination at any reasonable time during the course of the execution of the Works
or before the issue of the said certificate would not have disclosed; or
(iii) any accidental inclusion or exclusion of any work, material or figure in any
computation or any mathematical error in any computation.
(b) Except for Clause 39.2(a) above, no certificate of the Superintending Officer shall of itself
be conclusive evidence either that any work or materials to which it relates are in
accordance with this Contract, or of the value thereof, and any amount included in any
interim certificate may be revised or omitted in any subsequent certificate.
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39.3 Submission of Claim Documents for Final Certificate
As soon as is practical but not later that three (3) months after Practical Completion of the
Works, the Contractor shall submit full particulars of all claims made by him under Clause 43
together with any documents, supporting vouchers and any explanations and calculations
including documents relating to the accounts of nominated sub-contractors or nominated
suppliers, which may be necessary to enable the final account to be prepared by the
Superintending Officer. Provided always the Contractor had given the notice and details of
claims in writing within the stipulated time or times in the said provisions.
39.4 Sums Certified in the Final Certificate
The Final Certificate shall be supported by documents showing the Superintending Officer’s
final valuation of Works in accordance with the terms of this Contract and after setting out or
allowing for all payments or other expenditure of the Employer or any permitted deductions
made by the Employer or the Superintending Officer on its behalf, shall state any final balance
due from the Employer to the Contractor or from the Contractor to the Employer, as the case
may be, which shall thereupon become the debt payable. Such certificate shall also take
account of any outstanding permitted deductions not yet made by the Employer under the terms
of this Contract whether by way of Liquidated and Ascertained Damages or otherwise.
Provided always that no payment due to the Contractor under the Final Certificate shall be
made unless and until the Contractor shall have satisfied the Superintending Officer by means
of either:
(a) a statutory declaration made by or on behalf of the Contractor, or
(b) a certificate signed by or on behalf of the Director of Labour
to the effect that the workmen who have been employed by the Contractor on the Works,
including workmen employed by sub-contractors, whether nominated or otherwise (including
“labour only” sub-contractors) have received all wages due to them in connection with such
employment, and that all dues or contributions under the Labour Ordinance, the Employee’s
Social Security Act (1969), the Employee’s Provident Fund Act (1991) and any other laws
relevant to the employment of workmen, have been paid.
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46 CUSTOMS AND IMPORT DUTIES
46.1 No Exemption
The Contractor shall pay all customs duties and levies payable in respect of any materials, plant,
Equipment or any other goods imported into Sarawak by him for the purposes of this Contract,
and shall make all entries and pay all other fees and stamp duties in connection therewith. No
exemption from duties and levies is granted by virtue of this being a Government Contract,
neither is any rebate granted in respect of plant, etc. re-exported after use.
46.2 Subsequent Changes in Duties Payable
The Contract Sum shall be deemed to have been based upon the current rates of Customs import
duties and levies on the tender closing date. If during the progress of the Works there is any
variation in such rates or in the classes of goods subject to duty and levy then the net increase or
decrease in the amount of duty and levy payable by the Contractor and attributed thereto shall be
added to or deducted from the Contract Sum, as the case may be, and shall be paid to or allowed
by the Contractor accordingly by adjustment of the amounts due under Clauses 8 and 33.
46.3 Limitation
This clause shall only apply to plant, materials, goods or Equipment required to be incorporated
in the Works, and shall not apply to Temporary Works, fuel, plant, materials, goods or
Equipment used in connection with the Works but not incorporated therein.
47 ANTIQUITIES AND FOSSILS
(a) All fossils, coins, articles of value, antiquities, structures and other remains, or things of
geological, historical or archaeological interest discoveries on the Site of the Works be
deemed to be the absolute property of the Employer.
(b) The Contractor shall take all reasonable precautions to prevent his workmen or any other
persons from removing or damaging any such fossils, coins, articles or things and shall,
immediately upon discovery and before removal of such fossils, coins, articles or things,
inform the Superintending Officer of such discovery and carry out the Superintending
Officer’s instructions for dealing with the same.
(c) Any work carried out by the Contractor in accordance with such instructions shall be
deemed a Variation, provided that he has the consent of the Employer.
48 FLUCTUATION OF PRICE
The amount payable by the Employer to the Contractor upon the issue by the Superintending
Officer of an interim certificate under Clause 33 hereof shall allow for the increase or decrease in
accordance with the Special Provisions to the Form of Contract for Fluctuation of Price if so
contained in this Contract.
49 GOVERNING LAW
The law governing the Contract shall be the law of Malaysia, and the parties hereby submit to the
jurisdiction of the Malaysian Courts for the purpose of any action or proceedings arising out of
the Contract.
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40 DAMAGES FOR NON-COMPLETION
40.1 Deduction for Liquidated and Ascertained Damages
If the Contractor fails to complete the Works within the Time for Completion stated in the
Appendix or within any extended time fixed under Clause 41, the Contractor shall pay or allow
to the Employer a sum calculated at the rate stated in the said Appendix as Liquidated and
Ascertained Damages for the period during which the said Works shall so remain or have
remained incomplete, and the Employer may deduct such damages from any sums otherwise
payable to the Contractor.
40.2 Liquidated and Ascertained Damages Reduction for Works Taken Over in Sections
Provided that where in accordance with Clause 35, the Works are taken over in sections, the rate
of Liquidated and Ascertained Damages shall be reduced for each section so taken over as
provided by the Contract Documents or as decided by the Employer.
41 DELAY AND EXTENSION OF TIME
41.1 Condition Precedent Notice
Where the progress of the Works is delayed by any cause or causes in such a manner which
might reasonably be expected to result in delay in the Works reaching Practical Completion
within the relevant time referred to in Clause 34, it is a condition precedent that the Contractor
shall, as soon as practicable and (other than for exceptionally inclement weather as covered
below) in any event not later than seven (7) days after the cause of the delay first arose, give a
notice in writing to the Superintending Officer:
(a) stating, with as much detail as is possible, the nature of the cause of the delay and, where
possible, the extent of the delay; and
(b) stating the steps being taken to alleviate and otherwise deal with the delay and the cause
thereof.
41.2 Details Required after Notice
As soon as practicable and in any event not later than thirty (30) days after giving the notice
under Clause 41.1, the Contractor shall, where he wishes to claim an extension of time, give a
further notice in writing to the Superintending Officer stating a fair and reasonable time by which
in his opinion the time for Practical Completion of the Works should be extended and also:
(a) stating all relevant details of the nature of the cause of the delay and the extent of the delay
claimed;
(b) making reference to the critical activities of the construction works programme and clearly
showing how the delay involves an activity which is critical to the maintenance of progress
in the execution of the Works so as to achieve Practical Completion within the relevant time
referred to in Clause 34; and
(c) stating the effect of the steps which have been taken to alleviate and otherwise deal with the
delay and the cause thereof.
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41.3 Decision by Superintending Officer
Subject to compliance with Clauses 41.1 and 41.2, unless otherwise decided by the
Superintending Officer, and subject to the Contractor having provided the Superintending Officer
with such other information and material as the Superintending Officer may request in order to
demonstrate and support the effect on the critical path of the Works and the delay in the Works
reaching Practical Completion, he shall, as soon as practicable after the delay has terminated and
the Contractor has provided such other information and material as the Superintending Officer
may have requested and subject to Clause 11.4, determine what, if any, extension of time for
Practical Completion of the Works shall be granted to the Contractor and shall thereupon notify
the Contractor in writing accordingly.
41.4 Separable Part of Works
Where the Contract specifies that a separable part of the Works shall be executed to Practical
Completion within a period or by a date different from the period or date provided for Practical
Completion of the Works the provisions of this clause shall apply to, and with respect to, the
extension of time for Practical Completion of that separable part of the Works; and for that
purpose reference in this clause to the Works shall be read as references to that separable part of
the Works.
41.5 Causes of Delay
The Contractor shall only be entitled to an extension of time for Practical Completion of the
Works where such delay satisfies the following:
(a) The cause of the delay arises only out of one or more of the following:-
(i) by force majeure;
(ii) by reasons of any exceptionally inclement weather;
(iii) by reasons of directions given by the Superintending Officer consequential upon

disputes with neighbouring owners provided the same is not due to any act,
negligence or default of the Contractor or any sub-contractor, nominated or otherwise;
(iv) by reason of loss or damage occasioned by any one or more of the contingencies
referred to in Clause 25 (provided and to the extent that the same is not due to any act,
negligence, default or breach of contract by the Contractor or any sub-contractor,
nominated or otherwise, whether in failing to take reasonable steps to protect the
Works or otherwise), and excluding work or actions which the Contractor is required
to have allowed for in his tender;
(v) by reason of Superintending Officer’s instructions issued under Clause 11.3, provided
that such instructions are not issued due to any default or breach of contract by the
Contractor or sub-contractor, nominated or otherwise;
(vi) by reason of the Contractor not having received in due time necessary instructions,
drawings, levels or instructions in regard to the nomination of sub-contractors and/or
suppliers provided in this Contract, from the Superintending Officer and for which he
shall have specifically applied in writing on a date which, having regard to the date for
Completion stated in the Appendix or to any extension of time then fixed under this
Contract, was neither unreasonably distant from nor unreasonably close to the date on
which it was necessary for him to receive the same;
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(vii) by reason of delay in giving possession of the Site as provided under Clause 13;
(viii) by reason of any action due to local combination of workmen, strike, or lockout
affecting any of the trades employed upon the Works, provided the same are not due
to any unreasonable act, neglect or default of the Contractor or of any sub-contractor,
nominated or otherwise;
(ix) by delay on the part of independent contractors or others engaged by the Employer in
executing work not forming part of this Contract;
(x) by the Contractor’s inability for reason beyond his control and which he could not
reasonably have foreseen at the date of closing of tender of this Contract to secure
such goods and/or materials and/or Equipment as are essential to the proper carrying
out of the Works;
(xi) by reason of any action due to civil disturbance;
(xii) where in relation to any work items under this Contract for which a Provisional Sum
and/or provisional quantity has been allowed, the final aggregated value of all such
work items is more than twenty (20) percent greater than the aggregated value allowed
for all such work items, owing to increased scope of work or quantities; or
(xiii) by delay on the part of nominated sub-contractor and/or nominated suppliers of their
works, and such delay shall be caused by the same reasons affecting their work as
stated above in sub-clauses (i) to (xii) inclusive (provided that the same are not due to
any act, negligence, default or breach of supplier and/or the Contractor, or any of the
servants or agents of such nominated sub-contractor or nominated supplier or the
Contractor);
(b) the delay is not due to, or concurrent with, any act, negligence, default or breach of contract
by the nominated sub-contractor and/or nominated supplier and/or the Contractor, or any of
the servants or agents of such nominated sub-contractor or nominated supplier or the
Contractor, and, other than that related to exceptionally inclement weather under sub-clause
(a)(ii) above, occurs during approved working hours as defined by Clause 17; and
(c) the Contractor has:
(i) complied strictly with the provisions of Clause 41.1, and in particular has given the
required notices strictly in the manner and within the times stipulated therein, unless
otherwise decided by the Superintending Officer;
(ii) complied with any reasonable instructions of the Superintending Officer with respect
to the cause of the delay;
(iii) taken all proper and reasonable steps necessary and within his control both to preclude
the occurrence of the cause of the delay and/or to avoid or minimize the
consequences thereof and shall have demonstrated this to the satisfaction of the
Superintending Officer;
(iv) demonstrated to the satisfaction of the Superintending Officer that the delay has
occurred on the critical path of the Works and will cause or has caused the Contractor
to be delayed in reaching Practical Completion of the Works as a whole; and
(v) the delay is not concurrent with any other extension of time already, or being, granted.
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Provided always the Contractor shall use constantly his best endeavours to prevent delay and
shall do all that may reasonably be required to the satisfaction of the Superintending Officer to
proceed with the Works. The certificate issued by the Superintending Officer under this clause
shall be referred to as the Certificate of Delay and Extension of Time.
41.6 Exceptionally Inclement Weather
Extension of time for exceptionally inclement weather shall, subject to the requirement of Clause
41.5 be limited to the increase in “unworkable days” for each month, when compared with the
“normal average unworkable days” computed from the last 5 years rainfall data of the specified
Drainage and Irrigation Department (DID) rainfall station, (or nearest to the Site if not specified),
for the same month, with such increase in “unworkable days” for the month being the entitlement
for an extension of the contract period in calendar days.
An “unworkable day” is one where more than 10 mm rainfall was recorded for that day.
The Contractor shall be deemed to have allowed in his tender and in the programming of the
Works for all other delays relating to non-exceptionally inclement weather and its effect, and no
claims additional to the above shall be entertained.
42 CLAIMS OF LOSS AND EXPENSE CAUSED BY DELAY
If the regular progress of the Works or any part thereof has been materially affected by reasons as
stated under Clause 41.5 (a)(iii), (vi) and (ix) (and no other), and the Contractor has incurred
direct loss and/or expense beyond that reasonably contemplated and for which he would not be
reimbursed by a payment made under any other provisions in this Contract, then the Contractor
shall make his claim for such loss and/or expense in accordance with Clause 43, except that in
the case of ongoing delays, the time limit for the provision of the substantiated claim shall apply
from when the cause of the delay has ceased, or such other time as agreed by the Superintending
Officer.
43 CLAIMS, DISPUTES AND DISPUTE RESOLUTION
43.1 Contractor’s Claims and Conditions Precedent
The Contractor shall not have any right to submit any claims, initiate any action or proceedings
against the Employer, whether in contract or tort (including negligence), unjust enrichment or, in
so far as legally possible, pursuant to any other principle of law in respect of any matter, fact or
thing whatsoever arising out of or in connection with or under this Contract or the Works
(hereinafter referred to as “the event”), unless:
(a) the Contractor has given the Superintending Officer written notice of his intention to
claim not later than fourteen (14) days after the Contractor could reasonably have been
aware of the event;
(b) the Contractor lodges the claim within thirty (30) days after giving the notice in writing
pursuant to the preceding paragraph, the form of the claim complying with Clause 43.1
(c) below and when lodging the claim, the Contractor provides the Superintending
Officer with sufficient detailed particulars to enable the Superintending Officer to make
an informed decision in respect of the claim; and
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(c) each claim is in writing and specifies:
(i) the basis for the claim, whether based on a term of the contract or otherwise, and if
based on a term of the contract, clearly identifying the specific term;
(ii) the facts relied upon in support of the claim in sufficient detail to permit
verification; and
(iii) details of the quantification of the sums or amounts claimed, sufficient to show
clearly the sums or amounts claimed in respect of the claim and the manner in
which they have been calculated.
Subject to Clause 11.4, the Superintending Officer shall thereafter determine the amount
considered to be due to the Contractor, if any, and advise the Contractor of his assessment, and
the Contract Sum shall be adjusted accordingly.
43.2 Employer’s Claims
Where the Employer considers he has valid claim(s) against the Contractor, he shall notify the
Contractor and the Superintending Officer of such claim, together with details thereof, at least
two (2) months before the issue of the Final Certificate, (unless such claim be related to any of
the conditions stated in Clause 39 which release the Final Certificate from its conclusiveness),
EXCEPT that in the case of the application of Liquidated and Ascertained Damages and other
deductions for costs and the like as permitted under this Contract, the inclusion of such
deductions in the interim certificates shall be sufficient notification.
43.3 Disputes and Dispute Resolution
(a) Dispute Resolution Stages
If any dispute or difference shall arise between the Employer and/or the Superintending
Officer and the Contractor, either during the progress or after completion of the Works, or
after the determination of the Contractor’s employment, or breach of this Contract, as to:
(i) the construction of this Contract; or
(ii) any matter or thing of whatsoever nature arising under this Contract; or
(iii) the withholding by the Superintending Officer of any certificate to which the
Contractor may claim to be entitled,
subject nevertheless to Clause 43.1, then such dispute or difference shall be decided as
follows:
(aa) the Contractor shall, not later than fourteen (14) days after the dispute or
difference arises, submit the matter at issue in writing, by hand or by registered
mail, specifying with detailed particulars the matter at issue (which in the case
of claims covered by Clause 43.1 shall be limited to the particulars notified by
the Contractor under that clause), to the Superintending Officer for decision,
and the Superintending Officer shall, as soon as practicable thereafter, give his
decision to the Contractor;
_________________________________________________________________________________________
(bb) if the Contractor is dissatisfied with the decision given by the Superintending
Officer pursuant to (aa) above, he may, not later than fourteen (14) days after
the decision of the Superintending Officer is served, submit the matter at issue
in writing by hand or by registered mail specifying with detailed particulars the
matter at issue, to the Employer for decision and the Employer shall, as soon as
practicable thereafter, give its decision to the Contractor in writing. Provided
that the detailed particulars of the matter at issue shall be limited to those
particulars which the Contractor provided under (aa) above;
(cc) if the Contractor is dissatisfied with the decision given by the Employer
pursuant to (bb) above, he may, not later than twenty-eight (28) days after the
decision of the Employer is served, give notice in writing by hand or by
registered mail to that effect;
(dd) the parties shall then, within a further twenty-eight (28) days (or extended time
as agreed) seek to agree upon an alternative dispute resolution process to
resolve the whole or part of the dispute or difference by means other than
litigation or arbitration, including agreement upon:
I. the procedure and timetable for any exchange of documentation and other
information relating to the dispute or difference;
II. procedural rules, timetable and venue for the conduct of the selected
mode of proceeding;
III. a procedure for the selection and compensation of a neutral person who
may be employed by the parties for assisting in resolving the dispute; and
IV. whether the parties should seek the assistance of a dispute resolution
organization.
(b) Works to Proceed
Notwithstanding the succeeding provisions of this clause, the Contractor shall if the
Works under this Contract has not been completed, at all times (subject as otherwise
provided for in this Contract) proceed without delay to continue to execute the Works
under this Contract and perform his obligations under this Contract and in so doing shall
comply with all directions issued or given to or served or made upon the Contractor under
or pursuant to the provisions of this Contract either by the Employer in writing or by the
(c) Precondition to Arbitration and Litigation
Unless and until a party has complied with the stated conditions, notices and submissions
that party may not with respect to any dispute or difference commence proceedings
whether by way of arbitration or litigation.
_________________________________________________________________________________________
(d) Reference to Arbitration
After the expiration of the time established by, or agreed under, Clause (dd) above for
agreement on a dispute resolution process, any party which has otherwise complied with
the provisions of this clause, may in writing delivered by hand or by registered mail,
terminate the alternative dispute resolution process provided for and thereafter give notice
to the other party requiring that such dispute or difference be referred to arbitration and
final decision of a person to be agreed between the parties to act as the arbitrator. Such
reference to arbitration shall be deemed to be reference to arbitration within the meaning
of the Arbitration Act 1952 (Revised 1972) or its current version and the following
conditions shall apply:
(i) the arbitration shall be held at a location to be agreed;
(ii) the arbitrator’s jurisdiction in relation to the arbitration proceedings shall be limited
to a determination of those matters which were identified in the original notice
provided pursuant to (aa) above, and that in making his determination, the arbitrator
shall only be entitled to have regard to those particulars concerning the dispute
provided pursuant to (aa) above;
(iii) the party issuing the notice pursuant to (aa) above shall be absolutely barred from
raising or relying upon any particulars other than those provided in such notice;
(iv) such reference, except on any difference or dispute under Clause 44 hereof, shall not
be commenced until after the completion or alleged completion of the Works or
determination or alleged determination of the Contractor’s employment under this
Contract, or abandonment of the Works, unless with the written consent of the
Employer and the Contractor;
(v) upon every or any such reference the costs of such incidental to the reference and
award shall be in the discretion of the arbitrator who may determine the amount
thereof, or direct the amount to be taxed as between solicitor and client or as
between party and party, and shall direct by whom and to whom and in what
manner the same be borne and paid;
(vi) the award of the arbitrator shall be final and binding on the parties; and
(vii) in the event of the disability of the arbitrator or his unwillingness or inability to act,
then the Employer and the Contractor upon agreement shall appoint another person
to act as the arbitrator, and in the event the Employer and the Contractor failing to
agree on the appointment of an arbitrator, an arbitrator shall be appointed by the
Director of Regional Centre for Arbitration, Kuala Lumpur.
Except that in the case of claims by the Employer pursuant to Clause 43.2, if the Contractor
disagrees with the Employer’s claim, he shall, not later than fourteen (14) days after the dispute
or difference arises, submit the matter at issue in writing, by hand or by registered mail, to the
Employer specifying with detailed particulars his defence to the matter at issue, and the
Employer shall as soon as practicable thereafter give its decision to the Contractor. If the
Contractor is still dissatisfied with such decision, Clause 43.3(a) and (d) above shall apply.
_________________________________________________________________________________________
44 DETERMINATION OF CONTRACTOR’S EMPLOYMENT
44.1 Default for Determination
Without prejudice to any other rights or remedies which the Employer may possess, if the
Contractor shall make default in any one or more of the following respects:
(a) he without reasonable cause suspends the carrying out of the whole or any part of the
Works before completion; or
(b) he fails to proceed regularly and diligently with the Works; or
(c) he fails to execute the Works in accordance with this Contract or persistently neglects to
carry out his obligations under this Contract; or
(d) he refuses or persistently neglects to comply with a written notice from the Superintending
Officer to remove and replace any defective work or improper materials, goods or
Equipment; or
(e) he fails to comply with the provisions of Clauses 10.3, 23, 26 or 27; or
(f) he persistently refuses or fails to comply with an instruction from the Superintending
Officer, which the Superintending Officer is empowered to give under the Contract;
the Superintending Officer may give to him a notice by registered post or by courier service
specifying the default, and if the Contractor shall either continue such default for fourteen (14)
days after such notice has been sent, or shall at any time thereafter repeat such default (whether
previously repeated or not), then the Employer may thereupon, by a notice sent by registered post
or by courier service determine the employment of the Contractor under this Contract.
44.2 Other Defaults for Determination
If the Contractor:
(a) commits an act of bankruptcy; or
(b) becomes insolvent or compounds with or makes arrangement with his creditors; or
(c) being a company, is having a winding up order made against it; or
(d) is having a provisional liquidator, receiver or manager of his business or undertaking duly
appointed, or possession taken by or on behalf of creditors or debenture holders secured
by a floating charge of any property comprised in or subject of the said floating charge;
then and in any such event, without prejudice to any other rights it may possess, the Employer
may by a notice sent by registered post determine the employment of the Contractor under this
Contract.
44.3 Effect of Determination
In the event of the Contractor’s employment under this Contract being determined under Clause
44.1 or 44.2 irrespective of the validity of such determination:
_________________________________________________________________________________________
(a) the Employer shall be entitled to repossess the Site and the Contractor shall immediately
cease all operations on the Works, remove his personnel and workmen therefrom and
yield up possession of the Site leaving all temporary buildings, plant, tools, Equipment,
goods and unfixed materials belonging to him upon the Site, save only such as he may at
any time be specifically instructed in writing by the Superintending Officer to remove
therefrom;
(b) the Employer may carry out and complete the Works departmentally or employ and pay a
contractor or other persons to carry out and complete the Works and he or they may enter
upon the Works and use all temporary buildings, plant, tools, Equipment, goods and
materials intended for, delivered to and placed on or adjacent to the Works, and may
purchase all materials and good necessary for the carrying out and completion of the
Works;
(c) the Contractor shall if so required by the Superintending Officer assign to the Employer
without payment the benefit of any agreement for the supply of materials, goods or
Equipment for the execution of any work for the purposes of this Contract. In any case
the Employer shall have power, but shall not be obliged, to pay any supplier or sub-
contractor, whether nominated or privately engaged by the Contractor, for any materials,
goods or Equipment delivered or any work executed for the purposes of this Contract
(whether before or after the date of determination) for which the Contractor has failed to
make payment. The Employer’s rights under this paragraph are in addition to its rights to
pay nominated sub-contractors and/or nominated suppliers, under Clause 26 and 27. The
Contractor shall allow or pay to the Employer all such payments made under this
paragraph;
(d) the Contractor shall as and when required remove from the Site any temporary buildings,
plant, tools, materials, goods and Equipment belonging to or hired by him within such
reasonable time as the Superintending Officer may specify in a written notice to him and
in default the Employer may (but without being responsible for any loss or damage)
remove and sell any such property belonging to the Contractor, holding the proceeds less
all costs incurred to the credit of the Contractor;
(e) the Contractor shall allow or pay to the Employer in the manner hereinafter appearing the
amount of any loss and/or damage caused to the Employer by the determination of his
employment under this Contract. If or as soon as the arrangements for the completion of
the Works made by the Employer enable the Superintending Officer to make a reasonably
accurate assessment of the ultimate costs to the Employer of completing the Works
following the determination of the Contractor’s employment and the engagement of other
contractors or persons, the Superintending Officer may issue a certificate stating the
amount of such loss and/or damage caused to the Employer by such determination of the
Contractor’s employment. Such certificate shall state separately the sums previously paid
to the Contractor by the Employer, the sums paid or due or to become due to other
contractors or persons engaged by the Employer to complete the Works, any sums paid to
sub-contractors or suppliers under Clause 44.3(c) above and any costs or expenditure
incurred by the Employer in completing the Works, (all such costs herein referred as
“Completion Costs”). The certificate shall also state the final Contract Sum which,
allowing for any Variations or other matters which would have resulted in an adjustment
of the original Contract Sum and for any other sums, which the Employer might be
entitled under the terms of this Contract to deduct therefrom, would have been payable
under this Contract had the Contractor’s employment not been determined and if the final
Contract Sum is less than the Completion Costs, the difference shall be a debt payable by
the Contractor to the Employer. The certificate shall be binding and conclusive on the
Contractor as to the amount of such loss and/or damage specified therein; and
_________________________________________________________________________________________
(f) in the event of the completion of the Works being undertaken departmentally, allowance
shall be made, when ascertaining the amount to be certified as costs or expense incurred
by the Employer, for cost of supervision, interest and depreciation on plant and all other
usual overhead charges and profit as would be incurred if the Works were completed by a
Contractor or other persons.
44.4 Determination Due to Corrupt Acts
The Employer shall be entitled to determine the employment of the Contractor under this
Contract and to recover from the Contractor the amount of any loss resulting from such
determination, 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 this Contract
with the Employer, or for showing or forbearing to show favour or disfavour to any person in
relation to this Contract or any other contract with the Employer, 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 this Contract or any other contract
with the Employer the Contractor or any person employed by him or acting on his behalf shall
have committed any offence under the Anti-Corruption Act, 1977 (Act 575) or its current
version.
45 TERMINATION BY THE EMPLOYER
(a) If during the performance of this Contract a state of war in which, the Employer is
involved or any earthquake arises or exists which, in the opinion of the Employer, has
rendered the fulfillment of this Contract impossible, the Employer shall be entitled to
terminate the Contract by giving fourteen (14) days notice to the Contractor.
(b) The Employer shall also be entitled to terminate the Contract without default by the
Contractor by giving fourteen (14) days notice to the Contractor.
(c) Upon termination by the Employer, the Contractor shall be entitled to payment, if any, as
provided under Clause 39.4.
(d) Any dispute by the Contractor arising from this clause shall be settled through dispute
resolution as provided in Clause 43.
_________________________________________________________________________________________
GUIDE TO JKR SARAWAK
FORM OF CONTRACT
December 2006
CONTENTS
Page
1. Foreword
2. Clause and Practice Note ………………………………………………………... 1 – 28
3. Samples for Practice Notes ………………………………………………………. 29 - 60
4. Appendixes ………………………………………………………………………. 61 - 109
5. Check list for inclusions in tender documentation incorporating the JKR 110
Sarawak Form of Contract ………………………………………………………..
The Form of Contract (FOC)
Clause 1: Definition of terms
This provides a list of definitions of terms (with the first letter in capital) used in the FOC and
which shall similarly be used as such in all the other Contract Documents. For example, there is now
a definition for ‘Practical Completion’ and the definition as per SSRW (for Road Branch projects)
shall not be used.
Practice Note 1
(a) Apart from using the words as in the ‘Definition’ with the first letter in capital in the tender
documents, they shall similarly be used as such in contract administration by the Contractor, S.O.
and Employer.
(b) Where government regulations apply, like T.I. 202 to ‘Variation’, the Superintending Officer is
deemed to have taken their requirements into account.
(c) References to clauses in the FOC shall be by main clause heading, clause, sub-clause and
paragraph, in that order. For example, to refer the matter of problems in possession of site on
page 17, one should quote Clause 13.1(d)(ii)(aa).
Clause 2: Scope of Contractual obligations
The Contractor’s obligations and overall risks are clearly explained here. This clause also
allows the Employer or S.O. to deduct money owing by the Contractor under this Contract or other
contracts to which the Employer and the Contractors are parties.
Practice Note 2
(a) For accounting purposes, the amounts due are stated in the form of a bill(s) vide T304 and can be
effected in Part 3(V) of an interim certificate or in the final accounts for the Final Certificate.
Page 1
Clause 3: Inspection of Site
This clearly explains the Contractor’s obligations and risks in this matter.
Practice Note 3
(a) There shall be reasonable time allowed in the tender process for tenderers to visit the Site.
Clause 4: Contract Documents
The mutual explanatory and priority of documents effect of this clause is to assist in the
interpretation of Contract Documents.
Practice Note 4
(a) If there should be a change in the priority of documents, they must be listed and shown in the
Specification of Particular Application or Special Specification.
(b) There is an increase in the number of sets of Contract Documents furnished to the Contractor as
per current practice and he must be reminded to keep one set on Site.
(c) Any difference in requirement (eg. in number of format/type) for as-built drawings shall be
stated in the Specification of Particular Application or Special Specification.
(d) Where necessary, the S.O. shall request the Contractor to return all Contract Documents before
the issue of the Final Certificate.
Page 2
Clause 5: General Obligations of Employer
The explains to the Contractor the general obligations of the Government under the Contract.
Practice Note 5
(a) The Site must have been acquired/approved by the relevant authorities.
(b) Necessary approvals from the State Planning Authority and relevant authorities like Councils
and the Fire Department must be obtained first where necessary.
(c) Funding for the Contract must be sought and made available.
(d) A new S.O. must be appointed within 30 days where the existing S.O. cannot fulfil his
duties.
Clause 6: General Obligations of Contractor
The Contractor’s general responsibilities are reiterated here and he is reminded to take full
responsibility for his operations and methods of construction. He also shall notify the S.O. of
any Discrepancy and any addition or deduction arising therefrom, as decided by the S.O., shall
be deemed a Variation.
Practice Note 6
(a) There is no need to repeat the need to pay the CIDB levy in the Specification of Particular
Application or the Special Specification.
(b) Safety and health clauses need not be repeated elsewhere in the Contract Documents.
(c) Deemed Variations are valued as per Clause 32. However, if it is in the opinion of the S.O.
that there is no variation arising from his decision, he shall inform the Contractor
accordingly.
Page 3
Clause 7: Quality of Materials and Workmanship
The quality plan is a requirement previously stated in some Special Specifications. The
appraisal, endorsement and surveillance of the quality control processes in the quality plan
combined with spot checks and audits shall assist in the assurance of compliance with
specifications and drawings. In the long run, it is hoped that Contractors shall treat this not as
something imposed on them but that the achievement and maintenance of quality is a desirable
end in itself.
The payment for cost of tests is defined in this clause.
The ways to handle Defects during the progress of the Works is also clearly stated.
Practice Note 7
(a) The submission of a quality plan shall be reminded in the Letter of Acceptance (see Sample 7a
for HQ tender, Sample 7b for divisional tender and Sample 7c for quotations). The Road
Branch had issued a sample quality plan earlier.
(b) In certain circumstances, eg. specialist or high value items like Mariner Grade steel sheet
piles, the S.O. may decide to undertake extra tests to ensure that the specifications are met.
(c) The S.O. can handle Defects found during the progress of the Works as per the steps in this
clause. The deduction for Clause 7.9(b) or 7.9(c) shall be via a bill(s) using T304 and effected
in part 3(V) of an interim certificate or the Final Certificate.
(d) If a quality plan is deemed unnecessary due to nature of the Works, the requirement is deleted
via an addendum to the FOC as per Sample 7d.
Clause 8: Basis of Contract
• The choice of Clause 8.1 or 8.2 determines the basis of the contract.
• Rationalization of the tender rates/BQ/Summary of Tender is formalised via this clause as to

their reasonableness as decided by the Employer and before the signing of the Contract.
Practice Note 8
(a) The choice of Clause 8.1 or 8.2 must be made in the Appendix to the Form of Contract when
the tender documents are prepared.
(b) With the new Schedule of Rates 2006, rationalization shall be only on the Summary of Tender
items for tenders based on Clause 8.2.
(c) Rationalization of the items in the B/Q or Summary of Tender is important for the purposes of
Clause 32. It is, however, recommended to carry this out before the issue of the Letter of
Acceptance. In the event the tenderer refused to agree to rationalization and the contract is still
awarded, the S.O. shall be so advised to ensure zero variations.
Page 4
Clause 9: Service of Notices
This clause intends to overcome the difficulty when Contractors move or change offices
without informing the S.O. or the Employer. It also reinforces the requirement of following the
proper form of communication as per the requirements of the FOC.
Practice Note 9
(a) All parties are to note the effect of Clause 9.2, especially the form of communication for
determination/termination action.
(b) Contractors are to be reminded, during site meetings, to advise any change in address as per
Clause 9.1(b).
Clause 10: Performance security
It is now very clear that the validity of the Performance security shall be until the issuance of
the Final Certificate. There is no early release. As such DPW memorandum ref.: PWD/Q1/05
dated 10.05.1982 (Appendix A) is treated as cancelled.
Practice Note 10
(a) The Special Specification or Specification of Particular Application should state the minimum
validity period of a Bank guarantee/Insurance Bond (see Clause 4 of Appendix B and Practice
Note 37). Generally, the minimum validity period is the Time for Completion + DLP + 12
months.
(b) This clause needs to be suitably amended to suit the Federal Treasury Circular for Federal
funded contracts (see Sample 10a).
(c) The list of approved institutions to issue BG/Insurance Bond is as per Treasury Circular
SPP3/2004 (Appendix C).
(d) The standard form for a Bank guarantee/Insurance Bond is as Borang A in Appendix B.
(e) The DEs shall sign and keep (after registration) BGs/Insurance Bonds for divisional contracts
while QS Branch shall handle all for HQ Contracts. Before accepting the BG/Insurance Bond,
relevant officers must write to the provider to confirm that the BG/Insurance Bond is indeed
issued by the provider. (see Sample 10b)
(f) EOT Certificates (called Certificates of Delay and Extension of Time) and the Certificate of
Practical Completion must be extended to the provider of the Performance security. The S.O.,
on behalf of the Employer, must advise the provider to extend the validity of the Performance
security to beyond the DLP where it does not (see Sample 10c). This is generally to be
effected before any subsequent interim payments are made.
Page 5
Clause 11: Superintending Officer and Superintending Officer’s Representatives
• The first two sub-clauses explain the functions of the S.O., S.O.’s responsibilities and assistants
to the S.O. or S.O.’s representatives.
• The scope and extent of the S.O.’s instructions are explained in Clause 11.3 and limited by
Clause 11.4 and T.I. 202 (see Practice Note 1(b))
Practice Note 11
(a) The appointment of the S.O.’s representative may be made via Sample 11a.
(b) Where necessary and under Clause 11.1 (c), the S.O. can appoint a civil and structural engineer
(or firm), a quantity surveyor (or firm), a mechanical or electrical engineer (or firm) as his
representative for the relevant portion of the work. This also applies when the DE is the S.O.
(see Sample 11b).
(c) The Assistants to the S.O. or S.O.’s representatives can be the Technical Assistants or Junior
Technical Assistants who are directly involved in supervision on site (see Sample 11c).
(d) For quotations and divisional contracts, the section head shall be the S.O. as the DE represents
the Employer.
(e) The officer (named by his post) to act on behalf of the Employer for Clause 11.4(a) must be
stated in the Appendix to the FOC when the tender documents are prepared (see Sample
Appendix).
(f) Generally, for divisional contracts, the DE shall be empowered to act on behalf of the
Employer for all those affected clauses, subject to the limit of RM10,000 for PTIVO and V.O.
For HQ Contracts, the DE is similarly empowered as the first level of responsibility subject to
the departmental procedures on each clause as follows:
o Clause 26, 27 : The DE shall co-ordinate for the early calling of tenders for NSC/NS
as the tenders may be prepared and called in HQ.
o Clause 29 : The DE (after consultation with HQ if necessary) shall direct whether

there is any change in the scope, e.g. it may be more economical to
change the vertical alignment of portions of the road rather than
having extensive rock excavation, while maintaining design and
safety aspects, and saving time and cost.
o Clause 33, 34, : The DE shall be consulted before the issuance of certificates under
37, 39 these clauses. For Federal funded Contracts exceeding RM15 million
and/or payments done at HQ, the relevant officer(s) in HQ shall also
be consulted for the certificates under Clause 33.
Page 6
(g) As for the second ‘level’, the departmental procedures are:
o Clause 11 : The S.O. shall be appointed by the DPW in the Letter of Acceptance.
The limit for PTIVO at RM10,000.00 for the DE remains and the
DPW circular ref.: PWD/Q1/05 dated 09.05.06 on PTIVO procedure
(Appendix D) is relevant. (All are reminded that PTIVO is required
for either addition or deduction). Deduction exceeding RM10,000
must also be sent to the DPW for approval. After approval (or verbal
approval for cases of urgency) of a PTIVO, an instruction is issued to
the Contractor immediately (see Sample 11d). After the variation
order work is carried out (or not done), it is effected via the Variation
Order form (Sample 11) which is only to effect Clause 32.7. The
lumping of items of variation (addition and/or deduction) for
dissimilar work to make the net PTIVO to be less than RM10,000 is
prohibited.
o Clause 28 : This refers to the RM10,000 limit for PTIVO too.
o Clause 35 : This is to cater for Clause 35.2 when Sectional Completion is not
allowed for in the Contract.
o Clause 40, 41, : The current procedure to refer to DPW remains.

42, 43, 44 Approval to initiate determination of the Contractor’s
employment for both Divisional and HQ contracts must be sought
from the DPW, and which must be reasonably early.
If the revised Contract Sum exceeds the original amount, the
insurance company must be advised, via the Contractor, so that
the risks are adequately covered.
The Contractor must comply with the S.O.’s Instructions within 7
days after receipt of the Instructions and if he does not do so, the
Employer may do it himself or ask third party to do so. All costs
shall be recoverable from the Contractor. The Contractor’s
employment may even be determined (Cl. 44.1(f)).
For Contracts where the S.O. is the A.D. of the Branch, the first
level of officer shall be the Dy. DPW (Development).
(h) Generally, the officer to be stated for the second ‘level’ is the Deputy Director of Public Works
(Development) for HQ Contracts.
(i) The PTIVO procedure as per DPW memo PWD/Q1/05 dated 9.5.06 (Appendix D) has been
amended to be sequential and not concurrent after receipt of the PTIVO by the Dy (D), ie the
PTIVO goes to the technical branch first and then the QS Branch. Any PTIVO which is
queried on technical and/or price reasons shall be dealt by the QS Branch (in writing the query)
and the PTIVO shall be treated as rejected. A new PTIVO numbered as, eg. PTIVO No. 3 A if
the original one is PTIVO No.3 shall then be sent to the HQ with amended rates/reasons, etc.
This shall apply for subsequent queries on the same PTIVO and be numbered as PTIVO No.
3B, etc. The DE shall send all PTIVO/VO/ Price V.O. via a standard memo as in Sample 11e
(which is to, inter alia, let HQ be aware of the financial commitment and any outstanding
Page 7
PTIVO/V.O./price V.O.). After each PTIVO is approved, S.O.’s Instruction as per sample 11d
must be sent out and the Contractor must return the signed duplicate, indicating his consequent
intended action to make a claim or not. The S.O. may need to review his instruction
accordingly.
(j) Para 2(b) of DPW circular memo PWD/B2/12(39) Pt. 50 dated 8.5.2002 (Appendix P) is also
emphasized.
Page 8
Clause 12: Contractor’s Representative
• The Contractor’s Representative shall be constantly on Site to supervise the Works including
the remedying of Defects.
Practice Note 12
(a) The S.O. may remove or object to the appointment of a Contractor’s Representative if that
person is not ‘constantly on Site’, etc as stated in the clause.
(b) The authority to represent the Contractor for the purposes of the clause is different and distinct
for the Contractor authorizing person(s) to sign correspondence and other contractual matters
(see DPW memo PWD/Q1/05(285) dated 24.06.1992 – Appendix E).
Clause 13: Possession of Site and Commencement of Work
• Unless changed in the Letter of Acceptance or stated elsewhere in the Contract Documents, the
‘Date of Possession of Site’ is 4 weeks from the date of the Letter of Acceptance and is the date
the Time for Completion starts to run.
• This clause explains the situations where the Site is handed over in parts, in full or not at all.
• It also distinguishes the commencement of work on Site by the Contractor with the Date of
Possession of Site and states the pre-requisites, i.e. notice to commence and the deposit of
insurance policies with the S.O. The notice of the commencement date shall assist the S.O. to
decide on the time frame to deploy his supervisory team.
Practice Note 13
(a) Even if the ‘date of possession of Site’ is not amended in the Letter of Acceptance or stated
elsewhere in the tender documents, a reminder letter as per Sample 13 shall be sent to the
Contractor. This letter also serves to remind the Contractor of his other contractual obligations
in submission of documents, etc.
(b) As the date of possession of Site is “automatic”, officers must make sure that sites are
available, free from encumbrances, necessary approvals, and the like obtained before tender is
called (see also Practice Note 5).
(c) If the tender must be called before the Site is fully ‘free’, there shall be a statement in the
Special Specification or Specification for Particular Application that the date of possession of
Site shall be as informed later.
Page 9
Clause 14: Works Programme and Method Statement
• Unless deleted in an addendum, the submission of a Works Programme and Method Statement
is required. Deletion can be done in a similar manner as in Sample 4.
Practice Note 14
(a) A good Work Programme showing the sequence, logic and critical path is useful both for
monitoring and assessment of EOT/loss and expense claims. It is important to ask the
Contractor to modify/revise as necessary.
(b) Any method statement submitted by the Contractor must be looked into in order to prevent
situations like piles being ‘moved’ out of position due to embankments filled to drive these piles
– a situation which may not have happened if staging was built for the purpose or embankments
removed immediately after piling.
Clause 15: Engagement of Workmen and Labour
• These are reminders of statutory requirements.
Practice Note 15
• The procedure is self-explanatory and is linked to Clause 39.4.
Page 10
Clause 16: Removal of Workmen and Other Personnel
• This clause is self-explanatory.
Clause 17: Days and Hours of Working
• Any ‘overtime’ works requiring supervision, after approval from the S.O., shall have the costs
paid by the Contractor.
Practice Note 17
(a) With adequate planning there is no need for ‘overtime’ work unless the circumstances in Clause
17.2(a) apply.
(b) It is recommended that the S.O. implements an ‘approval chit’ or similar method to manage this
clause.
Page 11
Clause 18: Unfixed Materials, Goods and Equipment
• S.O. is to take particular note of ‘approved other secure location’ as they mean what they say,
i.e. approval to be sought and subject to satisfaction that it is secure and adequately covered by
insurance without extra cost to the Employer.
Practice Note 18
(a) This clause needs to be read together with Clause 33.2.
(b) Generally, payment for interim certificates for materials, goods and Equipment not suitably
stored on Site is not advisable. Similarly, materials, goods and Equipment stored off-Site is not
payable unless otherwise stated in the Contract.
Clause 19: Plant
• This is self-explanatory.
Practice Note 19
(a) Both the plant and unfixed materials in Clause 18 above shall be recorded and reported in site
diaries and monthly progress reports.
(b) Where plant (and/or workers) are stated to be idling, the veracity must be checked and, if
necessary, remedied. Unchallenged reports from Contractors may be used as evidence in claims
and disputes.
(c) The adequacy or surplus of plant (and/or workers) must also be examined from time to time.
Page 12
Clause 20: Setting out of Works
Practice Note 20
(a) The S.O. is reminded to provide the original reference points, etc. necessary for the Contractor to
set out the Works, unless otherwise stated in the Contract Documents.
Clause 21: Inspection of Work
Practice Note 21
(a) This is to tie in with the site management method in Practice Note 17.
Page 13
Clause 22: Access to Works, etc.
Practice Note 22
(a) The S.O. shall make reasonably early arrangement for such visits.
Clause 23: Assignment and Sub-Contracting/Sub-letting
• The difference between assignment and sub-contracting/sub-letting is distinguished.
• This clause ‘forces’ the Contractor to use the standard format as prepared by the SAG
(Appendix F) for assignment of the benefits (i.e. payments) from the Contract.
Practice Note 23
(a) The DE shall deal with approval for assignment and sub-contracting/sub-letting for Divisional
Contracts. For HQ Contracts, these are to be referred to DPW.
(b) The S.O. shall reject any invoices, delivery orders or other documents addressed to anyone other
then the Contractor, unless there is official notice to and consent by the S.O. of such sub-
contractors or suppliers. The Contractor should be reminded of this in site meetings so that his
claims for the purposes of Clauses 33, 41, 42 or 43 are not jeopardised.
(c) Any notice of assignment received either by the S.O. or Employer (either via the Divisional
Office or HQ) must be made known to the S.O. (if the later only receives notice) so that the
Accounts Section/Branch is alerted.
(d) Any request by the Contractor to change the Bank and/or account number must be treated with
care. The case of Bank Utama (M) Bhd. v. Government of Sarawak (Suit No. 22 – 106 – 2000 –
I) is emphasized. Please also refer to Practice Note 12 and 33.
Page 14
Clause 24: Indemnity for Injury to Persons and Property Damage
• This is expanded from PWD 75. Environmental protection and work through private land by
the Contractor are accounted for.
Practice Note 24
(a) Any claims in respect of matters in Clause 24 by any third party shall be passed on to the
Contractor in writing.
Clause 25: Insurance
• This is to suit the current situation in the industry.
• The minimum values for various matters to be covered under the CAR including third party
risks are to be stated in the Appendix G. The QS Branch shall issue guidelines on the third
party risks from time to time.
Practice Note 25
(a) It is good practice to state in the Specification, that all excess in claims shall be borned by the
Contractor.
(b) The Contractor shall be asked to provide his SOCSO number and proof of monthly payment to
SOCSO.
(c) Insurance policies must be read and checked upon receipt from the Contractor. It is good
practice to let the insurer be aware of the requirement of the Contract, especially Clause 25.5. If
the S.O. is our consultant, the DE shall seek the consultant’s endorsement that the policies meet
the requirements of the Contract (see Sample 25).
(d) All policies must include cover to the end of the Defects Liability Period and hence the S.O. shall
extend copies of the ‘Certificate of Delay and Extension of Time’ and ‘Certificate of Practical
Completion’ to the insurer (and also to request the Contractor to extend the cover to suit).
(e) By being one of the joint insured, the Employer through the S.O. must make a claim
(independently of the contractors) to the insurer in the event of any claims situation arising in
order to allow Clause 25.5(b) to take effect. Payment to the Contractor shall be via Clause
25.4(d) and (e).
(f) Where the S.O. is satisfied that a situation that has arisen constitutes a claim within the definition
of the insurance policies, the S.O. must notify the insurers (in collaboration with the Contractor)
as soon as reasonably practicable. This is to ensure that the insurers’ ability to investigate and
gather evidence is not impaired as they may seek damages for the prejudice caused to their
position. Also, the insurers may advise on the best tactical approach to dealing with the problem.
(g) The S.O., after reminding the Contractor and failing to get a response, shall inform the Employer
to take up necessary insurance as per Clause 25.6 (ie. where the Contractor did not follow Clause
25.5(c)).
Page 15
Clause 26: Nominated Sub-Contractors
• This incorporates the version as prepared by the SAG as an addendum in our current contracts
using PWD 75.
Practice Note 26
(a) There is no need to include the existing addendum in our tender documents.
(b) The S.O. shall inform the Employer to pay the NSC directly if he receives evidence that the NSC
had not received payment by the Contractor. There is no need to seek express agreement from
the Contractor in such an event.
Clause 27: Nominated Suppliers
• This is similar to Clause 26.
Page 16
Clause 28: Provisional Sums
• This explains what provisional sums are and how to use them, including conversion to prime
cost sums.
Practice Note
(a) The decision to expend provisional sums shall be guided by T.I. 202 and PTIVO procedures.
(b) Where there is intention to convert them to prime cost sums, the proposal, including the amounts
for profit and attendance, need to be approved by the DPW.
(c) The whole amounts listed as the provisional sums in the Contract Documents shall be deducted
as ACS No. 1 (Adjustment to Contract Sum No. 1), as Sample 28.
Clause 29: Provisional Quantities
• This clause defines provisional quantities and explains how to use them.
• Provisional quantities are part of the Contract and the S.O. is to authorize or direct the
Contractor how to expend those quantities. The situation in Practice Note No. 11 (f) may arise
and it is good practice for the S.O. to alert and seek confirmation from the Employer in those
circumstances.
• The Contractor is also made aware that the S.O. may make a fair valuation (i.e. change the rate
payable) if the actual quantity exceeds 20% of the provisional quantity.
Practice Note 29
(a) The value of all provisional quantities work is deducted in ACS No. 1 and added back when
work is carried out as a subsequent ACS [remeasurement of provisional quantities are not
variation orders as also explained in Clause 32.1(b)].
(b) The requirement for verification of rock material as per specifications (eg. the SSRW) is
emphasized. The DE must be informed by the S.O. prior to the verification process and where
the S.O. is a consultant, the DE shall arrange for an experienced engineer to be present.
(c) There is no need for PTIVO for remeasurement of provisional quantities unless there is
new/varied work e.g. extra pile points.
(d) ACS with value exceeding RM10,001 (except ACS No. 1 if for deduction of P.C., provisional
sums and provisional quantities) are to be sent to DPW for endorsement (for both positive and
negative values). Those valued at RM10,000 or less are dealt with by the DE.
Page 17
Clause 30: Contractor’s Design of Work
• This clause caters to the increasing trend of Contractor’s provision of design related to parts of
the Works, e.g. roof trusses.
Practice Note 30
(a) The S.O. shall take note of the time requirements and its allowance in the Contractor’s Work
Programme.
(b) It is always good practice to state in the tender documents that the Contractor’s design must be
certified by a professional designer (see the Highland Towers’ case) and that the latest Code of
Practice/design standards are to be followed.
Clause 31: Independent Contractors
• This clause expands and clarifies what was in the PWD 75.
Practice Note 31
(a) This clause is to be acted upon by the Employer, who shall direct the S.O. accordingly.
(b) The time and cost implications arising from the use of independent contractors are reflected in
Clauses 41 and 42.
Page 18
Clause 32: Valuation of Variations
• This clause explains how variations are valued.
• Dayworks and variation proposals from Contractors as well as measurements for variations are
tackled too.
Practice Note 32
(a) The rationalisation of the B/Q or Summary of Tender is important for Clause 32.2(b) or Clause
32.3(b).
(b) Valuation via dayworks must be preceded by a S.O.’s instruction.
(c) All variation proposals from the Contractor must be responded (see Sample 32a).
(d) All measurements for variation work must be in the presence of the Contractor or his agent,
unless the Contractor elects not to attend. Where the S.O. is a consultant, it is good practice to
invite the DE to send his representative too.
(e) The formalisation of Variations are effected via a Variation Order PWD 119 (Rev. 11/06) (see
Sample 32b). This is only prepared after the work is done (or not done in the case of a
deduction).
(f) The DE shall send in V.O. requiring HQ endorsement via standard memo as per Sample 11e (see
also Practice Note 11 (i)) as well as a copy of the S.O. Instruction and approved PTIVO.
Page 19
Clause 33: Interim Certificates and Payment to Contractor
• This clause incorporates the current policies and procedures of the Department.
• A new Interim Certificate for payment to be used is as Sample 33.
• For quotations, payments are to be made via these certificates. There is no need to issue a
Work Order as the Letter of Acceptance completes the Contract. The Manual of Instruction is
also amended accordingly.
• For divisional contracts, the section head shall be the S.O. as the DE represents the Employer.
Section Heads are expected to consult the DE as necessary and in any case the DE still exerts
control when he signs the payment voucher.
Practice Note 33
(a) If there is a request to change payment to another account during the course of a contract, even if
it is the same bank, the S.O. must check with the bank of the original account for any possible
‘problems’. The request for such a change must be signed by a properly authorized person (see
Practice Note 12 and 22).
(b) Conditions precedent to the issue of an Interim Certificate for payment (which is to be issued
within 14 days after receipt of a detailed application from the Contractor) paid within 30 days of
such issue) are:
- performance security validity
- payment of workers’ wages (Contractor must state that he has done so in his detailed
application)
- insurances validity
- payment of NSC (same as for workers’ wages).
- the amount due is not less than the minimum stated in the Appendix to the FOC.
(c) A check list as per Appendix H may be used as a guide.
(d) It is good practice to carry out a valuation every month and to inform the Contractor if the
amount due is less than the minimum stated in the Appendix to the FOC. This is also a warning
sign that the Contractor may be in difficulties. The Contractor may also be suitably warned so as
to set the groundwork for possible action under Clause 44.
(e) Where the S.O. is a consultant and following Clause 11.4 it is good practice for the consultant to
fax a draft of the interim certificate (with full details) to the DE, who shall respond within 5
working days, before issuing the interim certificate. This is to prevent delay in rectifying
‘mistakes’ eg. arithmetical errors.
(f) Variation Order work, where PTIVO has been approved, or work under ACS can be allowed to a
maximum of 75% of its value only, where the ACS or V.O. exceeds RM10,001.
(g) Materials for Temporary Works, like formwork, are not payable.
Page 20
(h) Where proof of payment or credit terms/facilities cannot be shown by the Contractor, these
materials, goods and Equipment shall not be included in the subsequent payment (unless
incorporated in the Works). Payment for materials, goods and Equipment by alleged sub-
contractors or other parties who are not approved/acknowledged by the S.O. is not acceptable for
the purposes of this clause. This is to ensure that the rights to the materials, goods and
Equipment revert to the Employer.
(i) As a guide in the preparation of tender documents and to fill in the Appendix to the Form of
Contract for Clause 33.1, this is to be used:
Minimum amount in Interim Estimated Contract Sum – provisional sums

= 0.70 x
Certificate Time for Completion in months
(rounded to the nearest thousand)
(j) The details for L&AD retained should be stated as per Appendix Q and be attached to the
relevant Interim Certificate.
(k) The details for work done and materials on Site for each Interim Certificate should follow the
Summary of Tender/BQ.
(l) For Federal contracts, Clause 33.1 need to be amended where payment is within 14 days instead
of 30 days from the issue of the certificate to follow the requirements of SPP 7/2006.
Clause 34: Completion of Works
Practice Note 34
(a) The Contractor must notify the S.O. if he considers the Works to have achieved Practical
Completion.
(b) The S.O. shall inspect within 14 days of receipt of such notification and either issue a Certificate
of Practical Completion (Sample 34) or give instructions to the Contractor specifying work
required to be completed before the Certificate can be issued.
(c) It is good practice to invite the representatives of the Client Department to be present for the
inspection so that handing over to the client Department can be effected soonest.
Page 21
Clause 35: Sectional Completion
Practice Note 35
(a) The Appendix to the FOC is to be filled when the tender documents are prepared if the Employer
requires sectional completion.
(b) Where agreed by the Employer, there can also be sectional completion with the occupied part
and the liquidated and ascertained damages (proportioned) clearly stated in the Certificate of
Practical Completion (See Sample 35)
(c) A copy of this Certificate must be copied to the insurer as the insurance cover is still for the full
value of the Works.
(d) Similarly, the performance security provider is given a copy.
Clause 36: Partial Occupation by Employer
• This clause allows the Employer to take over parts of the Site where required by circumstances,
with or without consent of the Contractor.
Practice Note No. 36
(e) Sample 36 shows a Certificate of Partial Occupation. The S.O. shall strike out the words
to suit ‘with’ or ‘without consent’.
(f) Practice Note 35 (c) and (d) are also relevant here.
Page 22
Clause 37: Defects after Completion
• This is an expanded clause on Defects to overcome deficiencies in the current clause where
Defects invariably are handled near, at, or after the end of the DLP.
• Allowance for diminution in value of Works is available where the Employer deem it
impracticable or inconvenient.
Practice Note No. 37
(a) The S.O. must check and/or advise the Employer to ensure that the performance security is valid
until after the DLP + DLP for last remedial works. The requirements of the joint circular ref.:
CTB/8/8(2)/(151) dated 2.2.88 from SFS and FFO (Appendix O) (the periods being amended by
Borang A in Appendix B, see Practice Note 10(a)).
(b) If the Contractor desists to rectify, the costs of rectification by third parties or as decided by the
S.O. shall be deducted from the Performance security (and hence the need to ensure its validity).
(c) The period for DLP for remedial works must be stated in the Appendix to the FOC. Hence the
maximum DLP is the DLP + 14 days + DLP for remedial works.
(d) A Certificate of Completion of Making Good Defects (Sample 37) is to be issued after all the
Defects are rectified satisfactorily and the “maximum” DLP is over.
Clause 38: Retention Money
Practice Note 38
(a) Addendum (as Sample 38) is to be used for Federal projects where retention is not required.
(b) The certificate via an Interim Certificate, for release of one half of retention money is to be
issued upon Practical Completion.
(c) The insurances shall be maintained for Defects work only.
Page 23
Clause 39: Final Certificate
• Clarifies and expands requirements for the issuance of the Final Certificate (Sample 39a) as
compared with that in PWD 75.
Practice Note 39
(a) Subject to Clause 39.1, the Final Certificate can be issued despite a notice given by the
Contractor in accordance with Clause 43, so that the Departmental accounts can be settled up to
that point.
(b) Contractor is to be reminded to submit not later than 3 months after Practical Completion, full
particulars of all claims for the Final Account to be prepared by the S.O.
(c) Payment on the Final Certificate can only be made after all wages for workers employed by the
Contractor and his sub-contractors are confirmed paid (e.g. via a statutory declaration by the
Contractor, see Appendix S).
(d) As a guide, the final accounts shall state the Contract details, V.Os, PVOs, ACSs, EOT, L&AD
(if any) outstanding disputes (like pending arbitration), previous payments and payment due
to/from the Contractor.
(e) Upon the issue of the Final Certificate, the performance security can be released eg. as via
Sample 39b.
Clause 40: Damages for Non-Completion
• This is self-explanatory
Practice Note 40
(a) The rate for the L&AD is to be stated in the Appendix to the FOC when the tender documents
are prepared.
(b) As a general rule, the formula to calculate the L&AD is:
Base Lending Rate (%) x original Contract Sum (to 3 decimal point)
365 days eg. 0.029% per day of original Contract Sum
(c) Waiver of L&AD under SPP 8/1995 for Federal contracts is subject to DPW circular memo
PWD/Q1/05 dated 18.5.2006 (Appendix I)
(d) The L&AD is retained in any interim certificate issued after the Time for Completion or
extended Time for Completion is exceeded. There is no need for any non-completion notice.
Page 24
Clause 41: Delay and Extension of Time
• This is a greatly expanded clause to cater for condition precedent notice and more causes of
Delay.
• Exceptionally inclement weather is defined and made objective in its assessment.
Practice Note 41
(a) Applications for EOT shall be rejected if the condition precedent notice is not satisfied, unless
otherwise decided by the S.O. (which is when the delay is due to the Employer). This is to
overcome the ‘preventive principle’.
(b) Despite the condition precedent notice, it is the duty of the S.O. to be diligent / professional and
assess the effect of his instruction(s) independently. The condition precedent notice requirement
is an attempt to uplift the professionalism of the industry and not for the S.O. to ‘hide’ behind.
(c) Contractors’ application for EOT shall also be rejected if Clause 41.5(c)(ii) – (iv) are not
complied or if the reasons for EOT do not fall under any of the causes of Delay in Clause 41.5.
(d) Evaluation of EOT applications shall follow the requirements of the clause.
(e) A Certificate of Delay and Extension of Time (as Sample 41) shall be issued by the S.O. after his
decision, which is subject to concurrence from the Employer. The current procedure of sending
to the DPW, by the DE, for approval remains (except for quotations and divisional contracts).
Clause 42: Claims of Loss and Expense Caused by Delay
• This is new and is only allowed for Clause 41.5 (a)(iii), (vi) and (ix).
Practice Note 42
(a) The notice requirement is again a condition precedent, failing which the claim shall be rejected.
(b) Claims received shall be commented on by the S.O. and recommended upon to the Departmental
Claims Committee (DPW circular memo PWD/Q1/05 dated 8.5.2006 refers – Appendix J).
(c) Any claims to be paid shall be effected via a ACS.
Page 25
Clause 43: Claims, Diputes and Dispute Resolution
• Any and all of the Contractor’s claims shall be subject to the condition precedent requirement
of 14 days after the Contractor is aware of the event.
• The various options for dispute resolution are, intended, to provide extra avenues for resolution
before reference to arbitration.
Practice Note 43
(a) If the conditions precedent notice is met, the Contractor needs to be reminded to provide details
as per Clause 43.1 (c) within 30 days after giving the notice.
(b) See also notes from SOC 2006 (Appendix K).
(c) A decision by the S.O. shall preferably be made within 30 days if the value arising from the
dispute is less than RM10,000 and within 90 days if more than RM10,001 and less than
RM500,000.00. Higher values shall be dealt within a reasonable time. This is to allow the
Contractor to make use of the alternative dispute resolution process.
(d) The S.O.’s decision, if positive, is subject to the Employer’s approval as per Clause 11 (see also
Practice Note 42 (b)).
(e) State Secretary’s Circular No. 25/93 vide DPW memo PWD/A4/26(825) dated 2.8.1993
(Appendix L) on arbitration is emphasized.
(f) Claims and extra amounts payable from disputes are to be effected via a ACS.
Clause 44: Determination of Contractor’s Employment
• This is an expanded clause to handle determination of Contractor’s employment, before and

after.
Practice Note 44
(a) Sample letters for Notice & Determination to follow SAG memo ref. AG/10/144/4 dated
17.12.2003. (Sample 44)
(b) Matters to be dealt after determination
(i) Call in the performance security (if in the form of BG/bond or forfeit DSM if cash
deposit)
(ii) Take action as per Clause 44.3. For Federal contracts, SPP 5/2006 ‘Peraturan
Pelantikan Kontraktor Penyiap bagi Projek Sakit’ is relevant.
(iii) Write to inform DPW to take up with UPK/PKK/FFO and CIDB for action as per
tendering conditions.
(iv) If the certificate from Clause 44.3(e) is negative, to issue Letter of demand, copy to
SAG or FAG, pay the Contractor if it is positive. Please note that the limitation period
for persuing compensation for breach of a contract in writing is 6 years from the date
of the breach. (DPW memo PWD/Q1/05 dated 11.7.86 refers – Appendix M).
Page 26
Clause 45: Termination by the Employer
• For impossibility due to war or earthquake and in certain circumstances where the Contractor is
without default.
Practice Note 45
(a) Circumstances where this clause may be used include:
(i) site not acquired and cannot be within a reasonable time;

(ii) SPA approval not received and cannot be within a reasonable time;
(iii) contractor without valid UPK/PKK/FFO registration awarded a contract
(b) Sample letters (as Sample 45a and 45b) may be used.
(c) The officer empowered to terminate the Contract is the DE for divisional contracts and DPW for
HQ contracts. However, the DE shall seek approval from the DPW before he does so for
divisional contracts.
Clause 46: Customs and Import Duties
• Allow for reimbursement or deduction of changes in duties payable.
Practice Note
(a) Use ACS to effect amount payable.
(b) Only for items used in permanent work.
Page 27
Clause 47: Antiquities and Fossils
• Another deemed variation if it happens.
Practice Note 47
(a) Valuation of variation clause (No. 32) applies.
Clause 48: Fluctuation of Price
• Applicable if the Special Provision to the Form of Contract for fluctuation of Price (as
attached) is included.
Practice No. 48
(i) New PVO form as at Appendix N(1) for building works and N(2) for civil engineering works.
(ii) Current calculation methods still apply. Calculation guide for building contracts as Appendix R.
(iii) The PVOs shall be prepared monthly or as soon as the prices/indices are available and not left to
the end of the Contract.
(iv) Each PVO with value of RM10,001 and below shall be approved by the DE and those exceeding
RM10,000 are to be sent to DPW for endorsement.
(v) For a project having both building and civil engineering elements, it is good practice to
differentiate properly those subject to the building works fluctuation and others subject to civil
engineering works fluctuation. For building works, the categories of buildings should be listed
carefully as per the items in the Summary of Tender.
(vi) The latest indices/prices duly endorsed by the Department should be used in the tender
documentation.
Clause 49: Governing Law
• This is self-explanatory
Page 28
Samples for Practice Notes
(numbering of sample relates to Clause number)
SAMPLE 7a
Telefon: 203100 JABATAN KERJA RAYA,

Telefax: 429679/429789 IBU PEJABAT,
WISMA SABERKAS,
JALAN TUN HAJI OPENG,
93582 KUCHING,
SARAWAK.
Ruj. Tuan: A.R. REGISTERED
LETTER OF ACCEPTANCE
Ruj. Kami: PWD/HO/B………/………. Date:
………..(Name & Address of Contractor) …..

………………………………………………..
Tuan,
Tender No. …………………………………….
………………. (title of Project) ………………………
I am directed to accept your tender for the above, closed on ……………….……. in the
sum of Ringgit Malaysia ………………………………………………………...……………….….
(RM…………………………).
2. You are required to enter into a written agreement with the Government of Sarawak/
Malaysia* wherein the following letters shall also form and be read and construed as part of the
contract*:-
(a) …………………………………………………………………………………………..
(b) …………………………………………………………………………………………..
3. The time for completion of the contract is ………………..(………..) months and

commences four (4) weeks from the date of this letter, unless otherwise stated in the tender
documents.
4. Please arrange to provide performance security in the sum of RM ………………………...

in accordance with the terms of your tender. If you do not choose to provide a cash deposit/
continuing guarantee sum,* the performance security should be in the form of a bond with a bank
(four copies of the approved forms are attached) bearing a date subsequent to the date of contract
and be properly registered. The bank guarantee should be open dated or valid for a period of not
less than ………………………..…… (…………) months from the date of issuance.
5. I hereby appoint and authorize the ………………………………………………………….

to act as the Superintending Officer for the purpose of the contract.
6. Please note that the registered number of this contract will be PWD/HO/………………….
7. You are reminded of the various conditions precedent notice requirements in accordance
with the Form of Contract and other requirements for submission of documents like a quality plan*,
work programme and method statements.
8. Please attend at this office on ………………………………………………… to sign the

Contract Documents bringing with you two pieces of ten Ringgit worth of revenue stamps, identity
card, authorization resolution from the Board of Directors/Power of Attorney (as may be
applicable.)
* Delete whichever is irrelevant
Page 29
9. Three sets of drawings and three sets of specifications will be handed to you after the
contract is signed.
10. Please acknowledge receipt of this letter and confirm that the date mentioned in paragraph
8 will be convenient to you.
‘BERSATU BERUSAHA BERBAKTI’
Saya yang benar
Pengarah Kerja Raya

SARAWAK.
s.k.: Setiausaha,
Lembaga Tender Pusat Negeri / Persekutuan*
Sarawak.
Setiausaha Kewangan Negeri, Sarawak*
Pengarah
Jabatan Pembangunan Negeri Sarawak,
Tingkat 15, Wisma Bapa Malaysia,
Petra Jaya, 93502 Kuching.*
Pengarah Kerja Raya, Sarawak
Timbalan Pengarah Kerja Raya, Sarawak (Pembangunan)
Timbalan Pengarah Kerja Raya, Sarawak (Pengurusan)
Penolong Pengarah (………………………….)
Jurutera Bahagian, Bahagian ………………………………….
Penolong Pengarah (Ukur Bahan) – Contractor Registration Clerk

(PWD/341/……………………)
Ketua Akauntan – 2 copies
Source of Funds : …………………………………..

Head : …………………………………..
Subhead : …………………………………..
From : PKK / UPK ……………………………………..
* Delete whichever is irrelevant
Page 30
SAMPLE 7b
Telefon: 203100 ……… (address) ……..

Telefax: 429679/429789
Ruj. Tuan: A.R. REGISTERED

Ruj. Kami: PW__D/DIV/___/___ Date:
………..(Name & Address of Contractor) …..

………………………………………………..
Tuan,
Tender No. …………………………………….
………………. (Title of Project) ………………………
I am directed to accept your tender for the above, closed on …………………….………. in the
sum of Ringgit Malaysia ……………………………………………………………...………………….….
(RM…………………………).
2. The time for completion of the contract is …………….………..(………..) weeks/months* and

commences four (4) weeks from the date of this letter, unless otherwise stated in the tender documents.
Therefore, the date for completion shall be on ……………………………………………* .
3. Please provide performance security in the sum of RM ………………………... in accordance with

the terms of your tender. The performance security may be in the form of cash /continuing guarantee sum*
or bank guarantee/ (three copies of the approved forms are enclosed). However, if you choose to provide
bank guarantee, it must bear a date subsequent to the date of contract and be properly registered. The bank
guarantee should be open dated or valid for a period of not less than ………………… (…………) months
from the date of issuance. No alteration, addition, amendment or whatsoever is allowed to the prescribed
format.
4. Please note that the registered number of this contract will be DIV__/__/-______________.
5. For the purpose of this contract, I hereby appoint and authorize ……………………………..as the
Superintending Officer until further notice.
6. You are reminded of the various condition precedent notice requirements in accordance with the Form
of Contract and other requirements for submission of documents like a quality plan, work programme and
method statements.*
7. Please attend at this office on ……………………………… to sign the Contract Documents bringing
with you two pieces of ten Ringgit worth of revenue stamps, identity card / authorization resolution from the
Board of Directors / Power of Attorney (as may be applicable).
8. Please acknowledge receipt of this letter and confirm that the date mentioned in paragraph 7 will be
convenient to you.
Saya yang benar
…………………………………….
Jurutera Bahagian
JKR Bahagian …………………….
c.c. Pengarah Kerja Raya, Sarawak
Pengerusi Lembaga Tender Negeri Bahagian ……………………..
* Delete as appropriate.
Page 31
SAMPLE 7c
Telefon: 203100 …….. (address) …….

Telefax: 429679/429789
Ruj. Tuan:
Ruj. Kami: PW__D/WO/___/___ Date:
………………………………………………..
…………………………………………… …..
(Name & Address of Contractor)
Tuan,
Quotation No. …………………………………….
……………………(Title of Project) ………………………
Your quotation dated …………… for the above, closed on …………………….,

amounting to Ringgit Malaysia ………………………………………………………….…,
(RM…………………….) has been accepted.
2. The time for completion is …………… weeks/months and commences two (2)
weeks from the date of this letter. Therefore the date for completion shall be on
……………………..
3. I hereby appoint and authorize the …………………………… as the

Superintending Officer for the purposes of this Contract.
4. You are reminded of the various condition precedent notice requirements in

accordance with the Form of Contract.
Saya yang benar
…………………………………..
Jurutera Bahagian
JKR Bahagian …………………...
c.c. Superintending Officer -

Penolong Akauntan – Please commit RM ………………………..………...........
to ……………………………….. (votehead)
Page 32
SAMPLE 7d
Addendum to the JKR Sarawak Form of Contract (FOC):
It is agreed that the below shall replace the stated clause in the FOC and be read as if it were part of
the FOC:
“Clause 7.1 Quality Assurance and Quality Control
The whole of this sub-clause is deleted”.
Page 33
SAMPLE 10a
ADDENDUM TO THE FORM OF CONTRACT
It is agreed that the below shall replace the stated clause in the FOC and be read as if it were part of
the FOC:
“Clause 10.1 Due Performance
The Contractor shall at his own expense provide a Performance Security amounting to five (5)
percent of the original Contract Sum for the due performance of the Contract. The Performance
Security shall be in either of the following forms:
(a) a bond with a licensed bank or such other institution(s) acceptable to the Employer and shall be
in the form and terms approved by the Employer; or
(b) a continuing guarantee sum where the Contractor shall allow deductions of ten percent (10%)
from interim payments until the total amount deducted aggregate to a sum equivalent to five
percent (5%) of the original Contract Sum.
Clause 10.2 Application
If the Contractor shall fail within one (1) month of signing this contract to provide the bond, the
Contractor shall be deemed to have opted for (b) and shall retain that amount until the required
surety is provided or until such surety is due to be refunded.”
Page 34
SAMPLE 10b
(1/2)

Telefax: 429679/429789
Ruj. Tuan:
Ruj. Kami: Date:
Tuan,
……………………………………………………………………………………….
Berhubung dengan perkara yang tersebut di atas, sukacita memaklumkan bahawa

Jabatan ini telah menerima Insurance/Bank* Guarantee No. seperti di atas yang
dikeluarkan oleh Syarikat Insuran / Bank* tuan untuk …………….………………………
(Contractor’s name and address)
………………………………………………………………………………………………
yang ditandatangani oleh …………………………………………………………………...
dan disaksikan oleh …………………………………………………………………………
berjumlah …………………………………… sebagai jaminan bagi ……………………...
(Contract tile and number)
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
2. Dengan tujuan untuk mempastikan kebenaran Insuran / Bank* Guarantee yang
berkenaan, sukacita dapat tuan mengembalikan format yang dilampirkan bersama ini
secepat yang mungkin.
3. Kerjasama tuan amatlah dihargai. Sekian, terima kasih.
‘HIDUP SELALU BERKHIDMAT’
Saya yang benar
…………………………………..
Pengarah Kerja Raya,
SARAWAK
or Divisional Engineer for

Divisional Contracts
* Delete as appropriate
Page 35
SAMPLE 10b
(2/2)
Pengarah Kerja Raya, (or relevant Divisional Engineer for

Jabatan Kerja Raya, Divisional Contracts)
(Ibu Pejabat),
Wisma Saberkas,
Jalan Tun Abang Haji Openg,
93582 Kuching.
Tuan,
Per: Pengesahan Insuran/Bank* Guarantee

Guarantee No. …………………………………..
Untuk oleh ………………………………………
…………………………………………………..
Merujuk kepada surat tuan bil. ……………………………………………………..

bertarikh ……………………… mengenai perkara yang tersebut di atas, sukacita
mengesahkan di sini bahawa Bank Guarantee / Insurance Guarantee* No.
…………………………………… yang telah ditandatangani oleh ……………………….
………………………………… (I/C No. ……………………………..) dan disaksikan
oleh ……………………………………….. (I/C No. ……………………………..)
berjumlah …………………………. sebagai Jaminan bagi ……………………………….
………………………………………………………………………………………………
Contractor’s name and address)
yang dikeluarkan untuk …………………………..………………………………………...
………………………………………………………………………………………………
adalah sebenarnya dikeluarkan oleh Bank/Syarikat Insuran* ini.
Sekian, terima kasih.
Tandatangan ………………………………………………………
Nama ………………………………………………………………
Jawatan ……………………………………………………………
Cop Rasmi Bank/Syarikat Insuran ………………………………..
Page 36
SAMPLE 10c
Telefon: 203100 …….. address …….

Telefax: 429679/429789
Ruj. Tuan: Date:

Ruj. Kami: PWD/HO/___/___
……………………………………….
……………………………………….
(Name and address of provider of performance security)
Tuan,
Contract No. …………………………………..

………………. (project name) ……………….
As the time for completion/date of Practical Completion* has been extended to/is
on * …………………………., please arrange to extend the validity of your Bank
guarantee/ Insurance Bond* to at least until after …………….. months/weeks/days* from
that date.
Thank you.
‘Cepat Ekonomi & Berkualiti’
…………………………………..
Superintending Officer
----- post -----
s.k.: DPW, Sarawak

Jurutera Bahagian, JKR Bahagian ……………………….
* Delete whichever is irrelevent
Page 37
SAMPLE 11a
Telefon: 203100 ……. (address ) …….

Telefax: 429679/429789
Ruj. Tuan: Date:

To: ……….………………………….
……………………………………….
(Name and address of S.O. representative)
Tuan,
Delegation of Powers and Authorities (1)
In accordance with Clause 11.1(c) of the Form of Contract, I hereby delegate to

you all my powers and authorities under the Contract subject to all the limitations of
Clause 11.4 of the same whereby you shall seek and obtain my prior approval on all the
functions stated therein before exercising any of these functions as described or conveying
any decision to the Contractor.
2. By copy of this letter, the Contractor is informed accordingly.
…………………………………..
…………………………………..
(Name)
(Designation)
s.k.: Contractor
DPW, Sarawak
(1) Delegation to Resident Engineer/Architect.
Page 38
SAMPLE 11b

Telefax: 429679/429789
Ruj. Tuan: Date:

To: ……….………………………….
……………………………………….
(Name and address of S.O. representative)
Tuan,
Delegation of Powers and Authorities (1)
Contract No.: ……………………………………………………………………………………………….…..

…………………………………………………………………………………………………………….……
(Contract name)
In accordance with Clause 11.1(c) of the Form of Contract, I hereby delegate to you the quantity
surveying/mechanical and electrical/civil and structural services (2) for the Contract. This delegation of
powers and authorities are specifically for administration of the following clauses, subject to Clause 11.4 of
the same:-
Item Clause No. (3) Matters

1. 7 Quality of materials and workmanship
2. 14 Work programme and method statement
3. 21 Inspection of work
4. 32 Valuation of variations
5. 33 Valuation of Interim Certificates and payment to
Contractor
6. 39.3 Preparation of the final accounts for the S.O.
…………………………………..
…………………………………..
…………………………………..
s.k.: Contractor
DPW, Sarawak
(1) Delegation to QS, M&E Engineer, Civil and Structural Engineer or other specialists as the case may be
(2) Delete as appropriate, one letter for each service.
(3) Clause 7, 14 and 21 for M&E, C&S or other Engineer. Clause 32, 33 and 39.3 for QS.
Page 39
SAMPLE 11c

Telefax: 429679/429789
Ruj. Tuan: Date:

To: ……….………………………….
……………………………………….
(Name and address of assistant to S.O.)
Tuan,
Appointment of Assistant(s) to the S.O.*
Contract No.: …….…………………………………………………………………………

………………………………………………………………………………………………
(Contract name)
In accordance with Clause 11.2 of the Form of Contract, I hereby appoint you as
an assistant to the Superintending Officer to assist to inspect and supervise the Work and
to test and examine any materials, goods or Equipment to be used or workmanship
employed in connection with the Works. You are only authorized to issue directives or
instructions to the Contractor to ensure the aforesaid and to ensure that the Work,
materials, goods or Equipment are in accordance with the Contract.
…………………………………..
…………………………………..
(Name)
(Designation)
s.k.: Contractor
Jurutera Bahagian, JKR Bahagian ………………….
* This may be for Technical Assistants/JTAs on site.
Page 40
SAMPLE 11d

Telefax: 429679/429789
Ruj. Tuan: Date:

Ruj. Kami: PWD/
NO. DATE
SUPERINTENDING OFFICER’S INSTRUCTION (S.O.I.)
(PTIVO No. …………….. refers)
To: …………………………………….
…………………………………….
…………………………………….
Contract No.: ……………………………………………

…………………………………………………………………………………………………………………
………………………………………………………………………………………………………………….
(Contract Name)
Tuan,
In accordance with Clause 11 and/or ………. of the Form of Contract, you are hereby instructed as
follows:
(a) ………………………………………………………………………………………………………
…………………………………………………………………………………………………..…..
(b) ………………………………………………………………………………………………………
………………………………………………………………………………………………………
(c) ………………………………………………………………………………………………………
………………………………………………………………………………………………………
(details of estimated quantities and rates may be attached as from approved PTIVO)
2. Reasons for the instruction:

………………………………………………………………………………………………………
………………………………………………………………………
3. Reference to Contract Drawings/Specification/previous instruction, etc.

………………………………………………………………………………………………………
………………………………………………………………………
4. Please take note of Special Notes for Contractor stated herein.
5. Please acknowledge receipt of this instruction and notify your choice of alternative (a) or (b) as
stated in page 2. If you fail to do so within the time stipulated in the Form of Contract, it shall be construed
that you have no intention to submit any claims in compliance with this instruction. Please return all copies
(except one copy for your retention) to the S.O. duly signed.
…………….…………………………...…
Signature of Superintending Officer
(Name in full …………………………….)

Page 1/2
Designation ………………………………
Page 41
To: ………………………………….
………………………………….
………………………………….
(Superintending Officer)
I/We hereby acknowledge receipt of the above-mentioned Superintending Officer’s Instruction (S.O.I.) and shall take
necessary action as instructed and hereby:
* (a) pursuant to Clause 43.1(a), notify that we will intend to claim against the Employer in complying with the
said S.O.I.. Further details shall be lodged to you within 30 days from the date of this letter.
* (b) notify that we shall not submit any claim in any form or in any manner against the Employer in complying
with the said S.O.I..
……………………………………………..
Authorised signatory for Contractor
Date: ………………………. Name in full ………………………………..
………………………………..
Contractor’s chop
s.k.: Pengarah Kerja Raya, Sarawak [Pen. Pengarah ( )]
Jurutera Bahagian, JKR Bahagian ………………………………….….
Performance security provider: ………………………………………..
Insurance provider: ……………………………………………………..
SPECIAL NOTES FOR CONTRACTOR
(a) If this instruction constitutes a Variation to the Contract, it shall be valued in accordance with Clause 33 of the
Form of Contract.
(b) If in compliance with this instruction involves delay and extension of time for the completion of the Works under
this Contract, you shall forthwith give written notice to the S.O. as required under Clause 41.1.
* Delete whichever is not applicable according to Contractor’s choice.
Enough copies to be sent to the Contractor for his signature.
Page 2/2
Page 42
SAMPLE 11e
G.4
(Pind. 1/86)
MEMORANDUM RASMI
DARIPADA Jurutera Bahagian, KEPADA Sila lihat di bawah

JKR, Bahagian
PERKARA Name of Contract SALINAN KPD
PW /HO/B /
RUJ. KAMI 200 / TARIKH RUJ. TUAN TARIKH
I forward herewith the following in respect of the above contract for your
retention/ approval,* please:
Contract Document & Drawing / Form of Agreement / Variation Order No. /

Price Variation Order No. / Proposal to Issue Variation Order No. /*
2. For information, the PTIVO/P.V.O./V.O. already approved / pending* are as

follows: (to list each one with the corresponding values)
3. A copy of the S.O. Instruction and approved PTIVO is also attached*.
‘CEPAT, EKONOMI DAN BERKUALITI’

( )
Jurutera Bahagian,
JKR, Bahagian ……………
KEPADA: Pengarah Kerja Raya, Sarawak (u.p.: Timb. PKR (Pemb.) /

Superintending Officer ( ) / Jabatan Akauntan Negara
Malaysia, Cawangan …………………. / Jabatan Hasil Dalam Negeri,
Cawangan Penaksiran, ……………………..*
Page 43
SAMPLE 13
Telefon: 203100 ……… (address) ………

Telefax: 429679/429789
Ruj. Tuan: Date:

Ruj. Kami: PWD/
To: …………………………………….
…………………………………….
…………………………………….
Contract No.: …………………………………….

………………………………………………………………………………………………
………………………………………………………………………………………………
(Contract Name)
Tuan,
Further to the Letter of Acceptance dated ……………. from the Pengarah Kerja
Raya, Sarawak/Jurutera Bahagian, JKR Bahagian ……………………..* for the above,
please be reminded of the following as per the Form of Contract:-
(a) to submit a quality plan*;

(b) to provide the Performance security;
(c) to propose the commencement date of work on the Site;
(d) to deposit the insurance policies together with receipts of premiums paid;
(e) to submit a work programme and method statement;
(f) to appoint your Contractor’s Representative; and
(g) the date of completion……………………... as the date of possession of Site
is/was*………………………. .
…………….…………………………...…
Signature of Superintending Officer
(Name: ………………………………….)
Designation ………………………………
s.k.: Pengarah Kerja Raya, Sarawak

Jurutera Bahagian, Bahagian ……………………….
Page 44
SAMPLE 25
Telefon: 203100 ………. (address) ………

Telefax: 429679/429789
Ruj. Tuan: Date:

Ruj. Kami: PWD/
To: …………………………………….
…………………………………….
…………………………………….
(Consultant’s name and address)
Contract No.: …………………………………….

………………………………………………………………………………………………
………………………………………………………………………………………………
(Contract Name)
Tuan,
With reference to the insurance policies No. ………………………….………. and

……………………………….. submitted by the Contractor for the above, please confirm
that they meet the requirements of the Contract and the premiums have been paid.
…………….………………………..…
Jurutera Bahagian,
JKR Bahagian ……………………..
Page 45
SAMPLE 28
PWD 119A
Adjustment to Contract Sum*
ACS No.: ………………….
Contract title: ……………………………………….. Contract Sum: RM …………………...
Contract No.: ……………………………………….. Date: …………………………………..
Contractor: ……………………………………………………………………………………………
Item Details Rate Amount
Add
for this ACS
Deduct
Issued by
Superintending ……………………….. Name: …………………………………
Officer (Signature) Designation: …………………………..
Distribution:
(a) For Headquarters Contract (b) For Divisional Contract (c) For Quotations
Original to D.P.W. Original to Divisional Engineer Original to Divisional Engineer

Duplicate to Contractor Duplicate to Contractor Duplicate to Contractor
Copy to S.O. Copy to D.P.W.
Copy to JAN/Perbendaharaan Negeri Copy to JAN/Perbendaharaan Negeri Copy to JAN/Perbendaharaan
Negeri
* This document is for the purposes of Clause 28.1(a), 29(a), 42, 43, 46 of the Form of Contract.
Page 46
SAMPLE 32a
Telefon: 203100 ……….. (address) ………

Telefax: 429679/429789
Ruj. Tuan: Date:

Ruj. Kami: PWD/
To: …………………………………….
…………………………………….
…………………………………….
Contract No.: …………………………………….

………………………………………………………………………………………………
………………………………………………………………………………………………
(Contract Name)
Tuan,
Your letter ref.: ………………………………. dated ………………….. proposing

a Variation refers.
2. In accordance with Clause 32.5 of the Form of Contract, please confirm in writing
that you are agreeable to:
(a) no entitlement for extension of time;

(b) no entitlement for extra payment; and
(c) deduction if applicable,
unless otherwise decided by the S.O. Failure to agree or respond within 14 days from the
date of this letter shall be deemed a rejection of the above and your Variation proposed is
rejected accordingly.
……………………………………….
(Name:………………………………)
(Designation: ……………………….)
s.k.: Pengarah Kerja Raya, Sarawak – with copy of Contractor’s letter

Jurutera Bahagian, JKR Bahagian ……………………………….
Page 47
SAMPLE 32b
PWD 119 (Rev. 11/06)
VARIATION ORDER No. …………………………*

Contract title: ……………………………………………………………………………………..
……………………………………………………..……………………………………………….
…………………………………………………………………….………………………………..
Contract No.: ……………………………. Contract Sum: RM ……………….…..
Contractor: ……………………………………….. Date: ………………………………….

………………………………………..
………………………………………...
Item Details Rate Amount
Add
For this V.O. (PTIVO No……… refers).
Deduct
Issued by
Superintending ………………………... Name: ………………………..................
Officer (Signature) Designation: …………………………….
Distribution:
(a) For Headquarters Contract (b) For Divisional Contract (c) For Quotations
Original to D.P.W. Original to Divisional Engineer Original to Divisional Engineer

Duplicate to Contractor Duplicate to Contractor Duplicate to Contractor
Copy to S.O. Copy to D.P.W.
Copy to JAN/Perbendaharaan Negeri Copy to JAN/Perbendaharaan Negeri Copy to JAN/Perbendaharaan
Negeri
* This document is for the purposes of Clause 32.7 of the Form of Contract
Page 48
SAMPLE 33
PWD 143 (Rev 11/06)
Jabatan Kerja Raya Sarawak
INTERIM CERTIFICATE NO. …………………*
for Contract No.: …………………….…………………………………………………………….…
………………………………………………………………………………………………………….
1. Contractor: …………………………...…... Bank: ………………………………………….

Address : ……………………………….. A/C No.: ………………………………………
……………………………….. Assignee: ……………………………………...
……………………………….. ……………………………………...
Practical Completion Date: …………………...
2. a. Contract Sum
b. Net value of Adjustment to Contract Sum (ACS) Nos. 1-
c. Net value of Variation Orders Nos. 1-
d. Net value of Price Variation Orders Nos. 1-
e. Revised Contract Sum
3. Value of work done and materials on Site as at ……………………..……… (details attached)

(a) work (b) materials (c) (i) retention (d) total to (e) previous (f)amount
done on Site (ii) L&AD date payment for this
allowed certificate
(add) (less) (net) (less)
(RM) (RM) (RM) (RM) (RM) (RM)
(I)Contractor
(II) nominated
sub-
contractor
(III) nominated
supplier
(IV) Total
(V) Less: Amounts due by Contractor to Employer

(VI) Amount for which payment voucher will be made out.
I certify that under the terms of Contract No. …………………………..…………………..…………, the sum
of RM ……………………… (as 3(iv, f )) is due to the Contractor.
…………………………………
Name: ………………………………….
Designation: ……………………………
Date: ……………………………………
* This document is for the purposes of Clause 33 of the Form of Contract
Page 49
SAMPLE 34

Telefax: 429679/429789
Ruj. Tuan: Date:

Ruj. Kami: PWD/
To: …………………………………….
…………………………………….
…………………………………….
CERTIFICATE OF PRACTICAL COMPLETION
Contract No.: …………………………………….

………………………………………………………………………………………………
………………………………………………………………………………………………
(Contract Name)
Tuan,
In accordance with Clause 34 of the Form of Contract, it is hereby certified that

the Works achieved Practical Completion on ……………………….... and that the
Defects Liability Period in respect of the said Works began on the same day and will end
on …………………………………..
……………………………………………...
(Name in full ………………………………)
(Designation: ………………...…………….)

Jurutera Bahagian, JKR Bahagian ……………………………….
Performance security provider: ………………………………….
Insurance provider: ………………………………………………
Page 50
SAMPLE 35
Telefon: 203100 …………. (address) ………..

Telefax: 429679/429789
Ruj. Tuan: Date:

Ruj. Kami: PWD/
To: …………………………………….
…………………………………….
…………………………………….
CERTIFICATE OF SECTIONAL COMPLETION
Contract No.: …………………………………….

………………………………………………………………………………………………
………………………………………………………………………………………………
(Contract Name)
Tuan,
In accordance with Clause 35.1/35.2*, it is hereby certified that the section(s) of

the Works as mentioned below achieved Practical Completion on ……………………..... :
(a) …………………………………………………………………..……
(b) ………………………………………………………………………..
(as per Appendix if per Clause 35.1;
to describe [including values of each section] if per
Clause 35.2)*
2. The Defects Liability Period in respect of the said section(s) of the Works began
the same day and will end on …………………………. .
……………………………………….
(Name:………………………………)
(Designation: ……………………….)

Jurutera Bahagian, JKR Bahagian ………………………………………………….
Akauntan, JAN ………………/Perbendaharaan Negeri, Bahagian …………..……
Performance security provider: ……………………………………...……………..
Insurance provider: …………………………………………………………...…….
Page 51
SAMPLE 36
Telefon: 203100 ………. (address) ……..

Telefax: 429679/429789
Ruj. Tuan: Date:

Ruj. Kami: PWD/
To: …………………………………….
…………………………………….
…………………………………….
CERTIFICATE OF PARTIAL OCCUPATION
Contract No.: …………………………………….

…………………………………………………………………………………………………………………
……………………………………………………………………………
(Contract Name)
Description of the Part of Works occupied:

………………………………………………………………………………………………
In accordance with Clause 36 of the Form of Contract, the Employer is desirous of possession and
occupying the part of the Works as mentioned above (hereinafter referred to as “the occupied part”) before
the Practical Completion of the whole of the Works, and with/without* your written consent dated to the
same, it is hereby certified that the relevant Part has been satisfactorily completed on
…………………………… and taken into possession and occupied on …………………………………..
and that the Liability Period in respect of the relevant Part commenced on the same day ……………………
and shall end on ………………………………… .
2. The estimated value of the relevant Part completed and taken into possession and occupied is RM
…………………………………………………………………………… .
3. The occupied part having been completed and taken into possession and occupied, the Liquidated
and Ascertained Damages as stated in the Appendix to the Form of Contract is hereby reduced from RM
………………………. per …………………….. to RM …………………………… per
……………………… in accordance with Clause 36.2(c) of the Form of Contract.
……………………………………….
(Name in full:………………………………)
(Designation: …………………………...….)

Jurutera Bahagian, JKR Bahagian …………………………..
Akauntan, JAN …………………../Perbendaharaan Bahagian ………………………..
Performance security provider: ……………………………..
Insurance provider: ………………………………………….
Page 52
SAMPLE 37

Telefax: 429679/429789
Ruj. Tuan: Date:

Ruj. Kami: PWD/
To: …………………………………….
…………………………………….
…………………………………….
CERTIFICATE OF COMPLETION OF MAKING GOOD DEFECTS
Contract No.: …………………………………….

………………………………………………………………………………………………
………………………………………………………………………………………………
(Contract Name)
In accordance with Clause 37.6 of the Form of Contract, it is in my opinion that

the Defects has been made good on ……………………… . Please note that the
Performance security can only be released upon the issue of the Final Certificate, while
your insurances may lapse from the aforesaid date.
……………………………………….
(Name in full:………………………………)
(Designation: …………………………...….)

Jurutera Bahagian, JKR Bahagian ……………………………
Performance security provider: ………………………………
Insurance provider: ……………………………………………
Page 53
SAMPLE 38
Addendum to the Form of Contract

It is agreed that the below shall replace the stated clause in the FOC and to be read as if it were part
of the FOC:
“Clause 38 Retention Money
The whole of this clause is deleted”
Page 54
SAMPLE 39a
Telefon: 203100 ……… (address) …….

Telefax: 429679/429789
Ruj. Tuan: Date:

Ruj. Kami: PWD/
To: …………………………………….
…………………………………….
…………………………………….
Tuan,
FINAL CERTIFICATE
Contract No.: …………………………………….

………………………………………………………………………………………………
………………………………………………………………………………………………
(Contract Name)
In accordance with Clause 39 of the Form of Contract, I hereby issue this Final
Certificate for the above with the final accounts as attached.
2. The amount due to/from* you is RM ……………………………………………….

…………………………………………………..…………. (RM ……….……………….).
3. Please note that no payment shall be made unless Clause 39.4 of the Form of
Contract is satisfied.
……………………………………….
(Name in full:………………………………)
(Designation: …………………………...….)

Jurutera Bahagian, JKR Bahagian ……………………………
Akauntan, JAN, Bahagian ……………../Perbendaraan Bahagian ………………...
Performance security provider: …………………….. – a separate letter shall be
issued to you (Sample 24)
* delete as appropriate
∼ to attach final accounts.
Page 55
SAMPLE 39b

Telefax: 429679/429789
Ruj. Tuan: Date:

Ruj. Kami: PWD/
To: …………………………………….
…………………………………….
…………………………………….
(Name and address of performance security provider)
Tuan,
(Performance security Reference:) ………………………………
Contract No.: …………………………………….

………………………………………………………………………………………………
………………………………………………………………………………………………
(Contract Name)
Please be informed that the performance security for the above, entered into by
you in favour of the Government resulting from the request of the herebelow mentioned
Contractor can now be considered cancelled as they have fulfilled their obligations under
the terms of the Contract. As such your liabilities under the said performance security are
fully discharged and no further claims will be made against it.
2. The original performance security document is not returned to you as it shall

remain the property of the Government and is required for future auditing purposes.
Saya yang benar,
……………………………………….
For the Employer
(Name in full: ……………..…………)
(Designation: ………………………...)
s.k.: …………………………………………
…………………………………………
…………………………………………
(Contractor’s Name and Address)
Penolong Pengarah ( )
Jurutera Bahagian, JKR Bahagian ………………………… .
Page 56
SAMPLE 41

Telefax: 429679/429789
Ruj. Tuan: Date:

Ruj. Kami: PWD/
To: …………………………………….
…………………………………….
…………………………………….
(Contractor’s Name and address)
Tuan,
CERTIFICATE OF DELAY AND EXTENSION OF TIME No. ………….
Contract No.: …………………………………….

…………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………
(Contract Name)
Section* ……………………………………………..
In accordance with Clause 41 of the Form of Contract, I hereby grant you extension of time for
delay beyond the Date for Completion or beyond the extended Date for Completion previously approved,
i.e. ……………………, due to the following reason/reasons:-
Reason/reasons Clause † Period of Delay and

Extension of Time ϑ
…………………………….……………… ………... ……………………….

…………………………….……………… ………... ……………………….
…………………………….……………… ………... ……………………….
2. The Date for Completion is now therefore extended to …………………………. .
3. Please ensure that your performance security and insurances are extended to meet the requirements
of the Contract, if necessary.
……………………………………….
(Name in full: ……………………..)
(Designation: ……………………...)

Jurutera Bahagian, JKR Bahagian …………………………
Performance security provider: …………………………….
Insurance provider: …………………………………………
* Delete if not applicable

† State Clause reference by which the Contractor is entitled to extension of
ϑ State Period of Delay and Extension of Time approved (whether concurrently or consecutively)
Page 57
SAMPLE 44
Telefon: 203100 JABATAN KERJA RAYA,

Telefax: 429679/429789 IBU PEJABAT,
WISMA SABERKAS,
JALAN TUN HAJI OPENG,
93582 KUCHING,
SARAWAK.
REGISTERED/COURIER*
Ruj. Tuan: Date:
Ruj. Kami: PWD/
To: …………………………………….
…………………………………….
…………………………………….
Tuan,
Notice of Determination
Contract No.: …………………………………….

………………………………………………………………………………………………
………………………………………………………………………………………………
(Contract Name)
Further to the Notice of Default ref.: …………………………………… dated

……………………….. issued by the S.O. and sent by registered post/courier* to you, and
having regard to the fact that you continue to make default, I hereby, pursuant to Clause
44.1 of the Form of Contract and without prejudice to any other rights or remedies,
determine your employment under the Contract.
Saya yang benar,

for the Employer
Page 58
SAMPLE 45a
Telefon: 203100 …….. address ……..

Telefax: 429679/429789
Ruj. Tuan: Date:

Ruj. Kami: PWD/
To: …………………………………….
…………………………………….
…………………………………….
Tuan,
Notice of Termination of Contract
Contract No.: …………………………………….

………………………………………………………………………………………………
………………………………………………………………………………………………
(Contract Name)
In accordance with Clause 45 of the Form of Contract, this is to give you notice
that this Contract shall be terminated after 14 days of the date of this letter.
…………………………………..
for the Employer
(Name in full: …………………………..)
(Designation: …………………………...)

Jurutera Bahagian, JKR Bahagian ………………………….
Page 59
SAMPLE 45b
Telefon: 203100 …….. address ……..

Telefax: 429679/429789
Ruj. Tuan: Date:

Ruj. Kami: PWD/
To: …………………………………….
…………………………………….
…………………………………….
Tuan,
Termination of Contract
Contract No.: …………………………………….

………………………………………………………………………………………………
………………………………………………………………………………………………
(Contract Name)
Further to my Notice of Termination of Contract ref.: ……………………………

dated …………………….. to you and in accordance with Clause 45 of the Form of
Contract, I hereby terminate this Contract. Any payment due to you shall be settled via
Clause 39.4 of the same.
…………………………………..
for the Employer
(Name in full: …………………………..)
(Designation: …………………………...)

Jurutera Bahagian, JKR Bahagian ………………………….
Page 60
APPENDIXES
SAMPLE APPENDIX
Appendix to the Form of Contract
These details must be filled as part of the tender/quotation documentation.
Clause Action
8.1 Bill of Quantities Applicable/non-applicable
Choose either one
8.2 Drawing and Specifications Applicable/non-applicable
11.4 Officer(s) empowered to take action on

behalf of the Employer in respect of: generally is the Divisional
Engineer in both HQ and
Clause 23, 26, 27, 29, 33, 34, 37, 39 …………………………….. Div. contracts
generally is the Dy (Dev.)

Clause 11, 28, 35, 40, 41, 42, 43, 44 …………………………….. for HQ contracts and
Divisional Engineer for
Div. Contracts (see limits
in the Practice Notes)
25.2(a) (i) Percentage of Professional Fees to estimate based on

(if applicable) …………………………….. relevant scale of fees
(ii) Removal of debris (if applicable) RM ……………………….. to estimate depending on

nature of project
(iii) Materials/equipments supplied by RM ……………………….. to estimate based on value

the Employer (if applicable) of materials/equipment to
be supplied.
(i) any one accident RM ……………………….. as per minimum in Practice
Note
(ii) any one period Unlimited —
33.1 Period of Interim Certificates Monthly —
33.1 Minimum amount in Interim Certificate RM ……………………….. to be estimated based on

Practice Note
33.2 Officer(s) empowered to certify and ……………………………. Dy. DPW (Dev.) for V.O.
approve exceeding RM10,000, DE
for V.O. equal or less than
RM10,000.
34 Time for Completion ……………………………. to be estimated depending

on the nature and
circumstances of the
project.
35.1 Sectional Completion (if applicable) to list out if applicable.
Identification of sections or Time for Completion Liquidated and

parts (Clause 34) Ascertained Damages
(Clause 40)
Page 61
37.1 Defects Liability Period …………………………. to follow minimum limits
in T.I. and Practice Note.
37.5 Defects Liability Period for Remedial …………………………. to estimate based on nature
Works of project but cannot be
more than that in Clause
37.1
38.1 Limit of Retention Money Five (5) percent of Original deleted for Federal funded
Contract Sum contracts
40.1 Liquidated and Ascertained Damages At the rate of to estimate using formula
RM ………………………. in Practice Note
per …………………….….
or part thereof.
45 Officer (s) empowered to terminate the …………………………… Director of Public Works

Contract for HQ contracts, DE for
divisional contracts and
quotations.
Page 62
APPENDIX A
KERTAS RASMI
Pengarah Kerja Raya, Sarawak Sila lihat di bawah
Early Release of Contract Surety (After

Practical Completion)
PWD/Q1/05 10th May, 1982
Further to my memorandum PWD/Q1/05 dated 22hb April, 1982 on the above,

please ensure that the indemnity forms are completed in 4 copies and signed for the
Government by the Divisional Engineer. After registration, the original copy, together
with a copy of the Practical Completion Certificate, should be forwarded to this office
for affecting the release, and a copy kept in your file. The other two copies would be
for the Registration Office and the Contractor.
2. In respect of Divisional Contracts, the original copy would be for your office
and the copy for this office.
3. Please note that this facility is intended to ease the financial burden on P.W.D.
contractors generally, so agreement in application for early release should be given
unless there is reason to believe that the Government’s position would be better
safeguarded by not agreeing to the early release in which case reference should be
made to this office for decision.
“HIDUP SELALU BERKHIDMAT”
Original Signed
By
Chai Boon Poh
SARAWAK
Kepada: Jurutera Bahagian, Bahagian Pertama

Jurutera Bahagian, Bahagian Kedua
Jurutera Bahagian, Bahagian Ketiga
Jurutera Bahagian, Bahagian Keempat
Jurutera Bahagian, Bahagian Kelima
Jurutera Bahagian, Bahagian Keenam
Jurutera Bahagian, Bahagian Ketujuh
s.k. Senior Quantity Surveyor
Η This circular is to be treated as cancelled.

Page 63
APPENDIX B
BORANG A
(SPP Bil. 3 Tahun 2004)
JAMINAN BANK/JAMINAN SYARIKAT KEWANGAN/

JAMINAN INSURANS UNTUK BON PELAKSANAAN
(KONTRAK KERJA)
Sebagai balasan kepada Kontrak No. …………………. yang dibuat antara Kerajaan Malaysia,
(kemudian daripada ini dirujuk sebagai “Kerajaan”) dan ………………….………, (kemudian
daripada ini dirujuk sebagai “Kontraktor”) bagi ……………………………………………………….
(nama projek), (kemudian daripada ini dirujuk sebagai “Kontrak”) kami yang bertandatangan di
bawah, (kemudian daripada ini dirujuk sebagai “Penjamin”) atas permohonan Kontraktor, mengaku
janji yang tak boleh batal untuk memberi Jaminan kepada kerajaan ke atas pelaksanaan yang
sepatutnya Kontrak tersebut mengikut cara sebagaimana yang terdapat kemudian daripada ini.
MAKA Penjamin dengan ini bersetuju dengan Kerajaan seperti berikut:
1. Apabila sahaja Kerajaan membuat tuntutan bertulis, maka Penjamin hendaklah dengan serta
merta membayar kepada Kerajaan nilai yang ditentukan dalam tuntutan tersebut tanpa mengira
sama ada terdapat apa-apa bantahan atau tentangan daripada Kontraktor atau Penjamin atau
mana-mana pihak ketiga yang lain dan tanpa bukti atau bersyarat. Dengan syarat sentiasanya
bahawa jumlah tuntutan yang dibuat tidak melebihi sebanyak Ringgit
………………………………… (nyatakan nilai jaminan dalam perkataan (RM
…………………..) dan bahawa tanggungan Penjamin untuk membayar kepada Kerajaan di
bawah Perjanjian ini tidak melebihi nilai tersebut di atas.
2. Kerajaan berhak untuk membuat apa-apa tuntutan sebahagian jika dikehendakinya dan jumlah
kesemua tuntutan sebahagian itu hendaklah tidak melebihi nilai Ringgit …………………………
(nyatakan nilai jaminan dalam perkataan) (RM ………………………) dan liability Penjamin
untuk membayar kepada Kerajaan jumlah yang disebutkan terdahulu hendaklah dikurangkan
dengan perkadaran yang bersamaan dengan apa-apa bayaran sebahagian yang telah dibuat oleh
Penjamin.
3. Penjamin tidak boleh dibebaskan atau dilepaskan dari Jaminan ini oleh sebarang perkiraan yang
dibuat antara Kontraktor dan Kerajaan sama ada dengan atau tanpa persetujuan Penjamin atau
oleh sebarang perubahan tentang kewajipan yang diaku janji oleh Kontraktor atau oleh sebarang
penangguhan sama ada dari segi pelaksanaan, masa, pembayaran atau sebaliknya.
4. Jaminan ini adalah Jaminan yang berterusan dan tak boleh batal dan hendaklah berkuat kuasa
sehingga ……………. (kemudian daripada ini disebut “Tarikh Mati Asal”) (Initial Expiry Date)
iaitu dua belas (12) bulan selepas tarikh tamat tempoh kecacatan atau dalam keadaan dimana
kontrak dibatalkan, satu (1) tahun selepas tarikh kontrak dibatalkan. Penjamin hendaklah
melanjutkan Tarikh Mati Asal (Initial Expiry Date) Jaminan ini untuk tempoh tambahan selama
tidak melebihi satu (1) tahun daripada Tarikh Mati Asal (Initial Expiry Date) (kemudian daripada
ini disebut “Tarikh Mati Lanjutan” (Extended Expiry Date) apabila diminta oleh Kerajaan dan
Jaminan ini adalah dengan ini dilanjutkan. Jumlah agregat maksimum yang Kerajaan berhak di
bawah Perjanjian ini mestilah sentiasa dipastikan tidak melebihi jumlah Ringgit
………………………………………..…………… (nyatakan nilai Jaminan dalam perkataan)
(RM ………………………….).
Page 64
5. Apa-apa tanggungjawab dan tanggungan Penjamin di bawah Perjanjian ini hendaklah luput
apabila Perjanjian ini tamat pada Tarikh Mati Asal (Initial Expiry Date) atau Tarikh Mati
Lanjutan (Extended Expiry Date) melainkan jika sebelumnya Kerajaan telah meminta secara
bertulis kepada Penjamin untuk membayar sejumlah wang tertentu yang masih belum dijelaskan
mengikut peruntukan kontrak.
6. SEMUA TUNTUTAN BERKAITAN DENGAN JAMINAN INI, JIKA ADA, MESTILAH

DITERIMA OLEH PIHAK BANK/SYARIKAT KEWANGAN/SYARIKAT INSURANS
DALAM TEMPOH SAH LAKU JAMINAN INI ATAUPUN DALAM MASA EMPAT (4)
MINGGU DARI TAMATNYA TARIKH JAMINAN INI, MENGIKUT MANA YANG LEBIH
KEMUDIAN.
PADA MENYAKSIKAN HAL DI ATAS pihak-pihak kepada Perjanjian ini telah menurunkan
tandatangan dan meteri mereka pada hari dan tahun yang mula-mula tertulis di atas.
Ditandatangani untuk ) ………………………………….

dan bagi pihak Penjamin ) Nama: ……………………….….
di hadapan ) Jawatan: ………….……………..
) Cop Bank/Syarikat Kewangan/
Syarikat Insurans:
…………………………….
(Saksi)
Nama: ………………………………….
Jawatan: ………………………………..
Cop Bank/Syarikat Kewangan/Syarikat Insurans:
Page 65
APPENDIX C
KEMENTERIAN KEWANGAN
SURAT PEKELILING PERBENDAHARAAN BIL. 3 TAHUN 2004
Semua Ketua Setiausaha Kementerian

Semua Ketua Jabatan Persekutuan
Semua Setiausaha Kerajaan Negeri
Semua Ketua Badan Berkanun Persekutuan
Semua Pihak Berkuasa Kerajaan Tempatan
Semua Ketua Pegawai Eksekutif Syarikat Kerajaan
BORANG BON PELAKSANAAN DAN BORANG JAMINAN

BAYARAN WANG PENDAHULUAN
Surat Pekeliling Perbendaharaan (SPP) ini bertujuan memaklumkan mengenai penggunaan borang
Bon Pelaksanaan bagi kontrak Kerajaan dan borang jaminan bagi bayaran wang pendahuluan kepada
kontraktor.
2. Dimaklumkan bahawa Kementerian Kewangan telah bersetuju memberi pilihan kepada

kontraktor untuk mengemukakan Bon Pelaksanaan dalam mana-mana bentuk, seperti berikut:
(i) Jaminan Bank yang dikeluarkan oleh bank-bank berlesen di bawah Akta Bank dan
Institusi Kewangan 1989 yang beroperasi di Malaysia; atau
(ii) Jaminan Syarikat Kewangan yang dikeluarkan oleh syarikat-syarikat kewangan berlesen
di bawah Akta Bank dan Institusi Kewangan 1989 yang beroperasi di Malaysia; atau
(iii) Jaminan Bank yang dikeluarkan oleh bank-bank berlesen di bawah Akta Bank Islam 1983
yang beroperasi di Malaysia; atau
(iv) Jaminan Insurans yang dikeluarkan oleh syarikat-syarikat insurans berlesen di bawah
Akta Insurans 1996 yang beroperasi di Malaysia; atau
(v) Jaminan Takaful yang dikeluarkan oleh pengendali takaful yang berdaftar di bawah Akta
Takaful 1984 yang beroperasi di Malaysia; atau
(vi) Jaminan yang dikeluarkan oleh Bank Pembangunan & Infrastruktur Malaysia Berhad
(BPIMB).
3. Bon Pelaksanaan bagi kontrak kerja hendaklah menggunakan Borang A dan bagi kontrak
bekalan/perkhidmatan, Borang B.
4. Kontraktor bekalan/perkhidmatan/kerja yang memerlukan wang pendahuluan, hendaklah

menggunakan Borang C.
Page 66
5. Bagi kontrak kerja, Agensi hendaklah memastikan syarat dan peraturan berkaitan kemudahan
bayaran pendahuluan kepada Sub Konhtraktor Dinamakan (Nominated Sub Contractor) juga
terkandung dalam sub-kontrak di antara Kontraktor Utama dengan Sub Kontraktor Dinamakan. Sub
Kontraktor Dinamakan yang memerlukan wang pendahuluan hendaklah menggunakan Borang D.
6. SPP ini berkuat kuasa serta merta. Dengan ini, peraturan di para 15.3.2.3, 15.4.1.1, 15.4.2.1,
15.7.1.3, 15.7.2.4 dalam SPP Bil. 2 Tahun 1995, para 15.3.1.4 dalam Tambahan Kedua SPP Bil. 2
Tahun 1995 dan surat edaran Kementerian Kewangan (K&B)897 JD.9(40) bertarikh 28 April 2001
dibatalkan.
Sekian, terima kasih.
“BERKHIDMAT UNTUK NEGARA”
Saya yang menurut perintah,
Signed
(Tan Sri Dr. Samsudin b. Hitam)
Ketua Setiausaha Perbendaharaan
1 April 2004
s.k.
Ketua Setiausaha Negara
Ketua Audit Negara
Akauntan Negara Malaysia
Semua Pegawai Kewangan Negeri
Borang A (pdf/68.9 KB)

Borang B (pdf/68.2 KB)
Borang C (pdf/61.4 KB)
Borang D (pdf/61.5 KB)
Page 67
APPENDIX D
MEMORANDUM RASMI
DARIPADA Pengarah Kerja Raya, Sarawak KEPADA Sila lihat agihan
PERKARA Procedure for PTIVOs, V.Os, EOT and Other Claims Arising From JKR Contracts
RUJ. KAMI PWD/Q1/05 ( ) TARIKH 09.05.2006
With immediate effect, the procedure as per flow chart attached shall be followed for all
PTIVOs, V.Os, EOT and any other claims arising from JKR contracts. Please also advise all
consultants appointed as Engineer/S.O., for the contracts under your care, to follow accordingly.
2. Please add “Commenced date”, “Completion date” and “Extended date” to the top portion
of the PTIVO form as per sample attached.
3. For the PTIVOs which are already prepared and sent to HQ., they shall be considered as
previously dealt. By copy of this memorandum, AO shall arrange for all relevant documents
received by the Registry to be forwarded to Dy (D)’s office immediately.
4. Your co-operation and compliance shall be appreciated, please.
‘Cepat, Ekonomi & Berkualiti’

“BERSATU, BERUSAHA, BERBAKTI”
Original Signed
by
(Datu Hubert Thian Chong Hui)

Sarawak
Page 68
Agihan:
Kepada: Timb. Pengarah (Pembangunan)

Timb. Pengarah (Pengurusan)
Pen. Pengarah (Bangunan)
Pen. Pengarah (Bekalan Air)
Pen. Pengarah (GKS)
Pen. Pengarah (PDN)
Pen. Pengarah (Mekanikal)
Pen. Pengarah (Elektrikal)
Pen. Pengarah (Jalan)
Pen. Pengarah (Ukur Bahan)
Pen. Pengarah (Pengurusan Teknikal)
Pegawai Tadbir (PgSM)
Jurutera Kanan (PbSM)
Jurutera Kanan (Jaminan & Kawalan Kualiti)
Pengurus (GIS/RS)
Pengurus (IT)
Ketua Akauntan
Pegawai Tadbir (Stor)
Jurutera Bahan (Pusat Makmal Bahan)
Pengurus, Woksyop Mekanik Pusat
Juruukur Bahan (Unit Perkhidmatan Kontrak)
Jurutera Bahagian, Bahagian Kuching
Jurutera Bahagian, Bahagian Sri Aman
Jurutera Bahagian, Bahagian Sibu
Jurutera Bahagian, Bahagian Miri
Jurutera Bahagian, Bahagian Limbang
Jurutera Bahagian, Bahagian Sarikei
Jurutera Bahagian, Bahagian Kapit
Jurutera Bahagian, Bahagian Bintulu
Jurutera Bahagian, Bahagian Samarahan
Jurutera Bahagian, Bahagian Mukah
Jurutera Bahagian, Bahagian Betong
s.k.: PWD/A5/01
Page 69
Page 70
APPENDIX E
MEMORANDUM RASMI
DARIPADA Pengarah Kerja Raya, Sarawak KEPADA Sila lihat di bawah
PERKARA Authority to sign Contract SALINAN KPD
TARIKH
RUJ. KAMI PWD/Q1/05 (785) 24.6.1992 RUJ. TUAN
The following administrative procedure should be adopted by officers in J.K.R. on the

above matter:
(a) Sole Proprietorships
Only the sole proprietor can act on behalf of the firm to sign contracts or for
any other financial commitment. Any Power of Attorney authorizing any
other person to act on behalf of the firm is not to be entertained.
(b) Partnerships
Any one of the partners can act on behalf of the firm to sign contracts or for
any other financial matters. Power of Attorney authorizing any person who
is not a partner of the firm shall not be entertained.
(c) Private Limited Company
Any member of the Board of Directors as depicted in the latest Form 49 and
duly authorized through the Resolution to the Board of Directors is
acceptable to represent the company on contractual and financial matters.
Non-Board Member(s) is not acceptable to represent the company on such
matter.
All contract agreement should be impressed with the company’s official

seal.
Page 71
(d) Public Limited Company
The Chairman and Secretary of the Board of Directors are automatically

acceptable to represent the company on contractual and financial matters.
Any other members of the Board which are authorized by the Board of
Directors through a Resolution are also acceptable for such matters.
All contract agreement should be impressed with the company’s official seal.
“BERSATU BERUSAHA BERBAKTI”
Original Signed
by
(Michael Parker)
SARAWAK.
Kepada: Deputy Director (Management)

Deputy Director (Development)
Assistant Director (M&TS)
Assistant Director (B&W)
Assistant Director (WS&S)
Assistant Director (I&D)
Assistant Director (AF&PW)
Assistant Director (E)
Assistant Director (M)
Assistant Director (R&A)
Chief Quantity Surveyor
Superintendent of Store
Jurutera Bahagian, Bahagian Kuching
Page 72
APPENDIX F
NOTICE OF ASSIGNMENT
To: DIRECTOR OF PUBLIC WORKS

SARAWAK.
Re: CONTRACT NO.:

PROJECT : ……………………………………………………………………………
………………………………………………………………………………………………………
We hereby give you notice that by a Deed of Assignment dated

…………………………… and made between us ………………………………… and
……………………………… of ……………………… (‘Assignee’) we have assigned
absolutely to Assignee all our right, title, and interest in and to all monies due or
become due and payable to us under the terms of the said Contract dated the
………………………………………… day of 20…… and made between us and the
Government of Sarawak. You shall hereafter pay over to the Assignee all monies due
and payable to the Assignee which is authorized to give or issue, on our behalf, all
receipts for sums of monies paid under the terms of the said Contract. We further
confirm that we have not pledged, charged, assigned or otherwise encumbered the
said monies or any part thereof to any other person or party.
This notice and the instructions herein contained are irrevocable but may be modified
or terminated by written notice signed by both Assignee and ourselves. Please
acknowledge receipt of this notice to Assignee on the enclosed consent to assignment.
Yours faithfully,
………………………………………………
for and on behalf of
Page 73
SCHEDULE
We, the GOVERNMENT OF SARAWAK, hereby consent to this Assignment by

………………………………(Assignor) to …………………………………………(Assignee)
as intimated to the Government vide the Notice of Assignment dated
………………………………………
The consent does not relieve the Assignor of his obligations, duties and liabilities
under the Contract described in the written Deed of Assignment; and that the rights of
the Assignee to the monies payable under the Contract shall be governed by the same
conditions for payment as imposed upon the Assignor. The right of the Government to
any set off or deduction against any monies due and payable under the Contract or to
effect direct payment to a nominated sub-contractor or nominated supplier under the
terms of the Contract, is not prejudiced or in any way affected by the Government’s
consent to this Assignment.
SIGNED BY )
Director, Public Works, Sarawak, )
for and on behalf of the Government of ) ………………………………
Sarawak, in the presence of:- )
Page 74
DEED OF ASSIGNMENT
THIS DEED OF ASSIGNMENT is made the ………… day of ………………… 20……

BETWEEN ………………………………………………………………………………………
(hereinafter called “the Assignor”) of the one part AND …………………………………
…………………………………………………… under the Banking and Financial
Institutions Act, 1989 with a place of business at …………………………………………
………………………………………………………………………………………………………
(hereinafter called “the Assignee”) of the other part.
WHEREAS by a contract made on the ………… day of ……………… 20…… and

described as Contract No. ………………………………… (hereinafter) referred to a
“the said Contract”) made between the Government of Sarawak (hereinafter called
“the Government”) of the one part and the Assignor of the other part, the Assignor
has agreed, pursuant to the terms and conditions therein stipulate to
………………………………………………………………………………………………………
………………………………………………………………………………………………………
(hereinafter called “the said works”).
WHEREAS by an Agreement dated …………………………(hereinafter) referred to as

“the Banking Agreement”) entered into between the Assignor and the Assignee, the
Assignee agreed, upon terms and conditions therein contained, to provide banking or
credit facilities to the Assignor to finance the execution and completion of the said
works by the Assignor.
Page 75
WHEREAS as security for the repayment of the said banking or credit facilities, the
Assignor agrees to assign to the Assignee all sums of monies due or becoming due
under the said contract from the Government.
AND WHEREAS the Assignor has applied to the Government for its consent for this
Deed and Assignment and the consent of the Government is endorsed in the Schedule
hereunder.
NOW THIS DEED OF ASSIGNMENT WITNESSETH as follows:-
1.1 In consideration of the Assignee granting to the Assignor banking or credit

facilities the Assignor hereby assigns absolutely to the Assignee all its rights and
interest over all moneys due or to become due to the Assignor from the
Government under or by virtue of the said Contract other than monies due or
certified for payment to a nominated sub-contractor or nominated supplier, and
the full benefits granted thereby and of all stipulations therein contained together
with all remedies for enforcing the payment thereof TO HOLD the same unto the
Assignee.
1.2 For the purpose of this Deed, the terms “nominated sub-contractor” and
“nominated supplier” shall be as defined or described or determined in the
relevant provisions of the Contract.
Page 76
2. The Assignor hereby warrants and covenants with the Assignee as follows:-
that the said Contract is valid in all respects and all and every stipulations
agreements provisions and conditions respectively which are mentioned or contained
in the said Contract and intended to be paid performed and observed by the Assignee
prior to the date of this Deed have been duly paid performed and observed.
that the Assignor will during the continuance in force of this Deed and
notwithstanding the Assignment herein, dutifully perform and observe all and every
stipulations agreement provisions and conditions respectively which are mentioned or
contained in the said Contract and on the part of the Assignor agreed to be paid
performed or observed.
the Assignor shall at all times hereafter save harmless and keep the Assignee
indemnified against all action, proceedings expenses, damages, penalties, costs,
claims and demands which may be brought or made against or incurred by the
Assignee by reason or on account of any misfeasance of or non-observance of all or
any of the stipulations terms and conditions contained in the said Contract or
otherwise howsoever.
that the Assignor has not assigned or pledged any of its right, title or interest
hereby assigned to anyone other than the Bank and it will not further assign, pledge
or hypothecate any of its right, title or interest in and under the said Contract.
Page 77
The assignor hereby empowers the Assignee on the Assignor’s behalf, and in the
Assignor’s name –
(a) to settle and adjust all accounts in connection with the said Agreement;
(b) to given effectual receipts for the moneys hereby assigned, which shall
discharge the Government from being concerned to see the application
thereof;
(c) to compromise and settle any proceedings arising out of or in respect of the
said Contract, upon such terms as the Assignee may think fit, and that all
costs and expenses incurred therefore be paid out of the amount due to or to
become due under the said Contract.
The Assignor undertakes at the Assignee’s request and at the Assignor’s cost to do
and execute all such further acts, deeds, and things which the Assignee may
reasonably require for giving full effect to this assignment.
3. The Assignor hereby covenants and agrees that all the provisions, covenants,
stipulations, undertaking and agreements contained in the Banking Agreement
shall unless repugnant to any of the provisions contained herein, be read as
forming part of this Assignment and shall be applicable with full force and effect
as if the same were set out hereunder.
Page 78
The costs and disbursements of all parties of and incidental to this Deed shall be paid
solely by the Assignor.
The Deed shall be binding on the successors in title and assignees of the Assignor
and the successors in title and assigns of the Assignee.
In these presents where the context so admits words importing the masculine
gender include the feminine and neuter genders, words importing the singular
include the plural and where two or more persons are included in the expression
“the Assignor” this Assignment is binding on such persons jointly and severally.
IN WITNESS WHEREOF the parties hereto have hereunto set the hands and seals
the day and year first above written.
The Common Seal of ……………………… )

……………………………………………… ) ……………………………………………
(Assignor) was hereunto affixed by the ) Director
authority of a resolution of the Board of )
Directors thereof in the presence of:- ) ……………………………………………
Director/Secretary
SIGNED by the said ………………………)

……………………………………………… )
(Assignee) by its Attorney ……………… )
under and by virtue of a Power of )
Attorney, registered at the Licensing )
Land Registry Office on the ……day of )
……………, 20 …… as Instrument No. )
……… in the presence of:- )
Page 79
APPENDIX G
3rd Party Liability In Contractor All Risk Policy
*Minimum amount for

Contract sum Liability per accident
(i) Not exceeding RM25,000.00 RM10,000.00

(ii) RM25,001 – RM50,000.00 RM25,000.00
(iii) RM50,001 – RM150,000.00 RM50,000.00
(iv) RM150,001.00 – RM250,000.00 RM75,000.00
(v) RM250,001.00 – RM500,000.00 RM100,000.00
(vi) RM500,001.00 – RM1,000,000.00 RM150,000.00
(vii) RM1,000,001.00 – RM5,000,000.00 RM200,000.00
(viii) Exceeding RM5,000.000.00 RM500,000.00
* Liability shall be for unlimited no. of accidents and unlimited for any one period.
Page 80
APPENDIX H
CHECKLIST FOR PREPARATION OF

INTERIM CERTIFICATES FOR PAYMENT
First Payment
(i) Project details correct?

(ii) Contract document signed?
(iii) Funds?
(iv) Insurance policies/cover notes with receipts (check insured, coverage and validity period)
(v) Performance security/Contractor’s choice for cash deposit or guarantee sum
(vi) Deed of Assignment/Contractor’s bank & Account No.
(vii) Value of work done & materials on site (Materials on site to be paid 75%)
(viii) ACS No. 1 (deduction for Prime Cost Sum and Provisional Sum if applicable)
(ix) Price Variation Order (to be endorsed by DPW if > RM10,000.00, not to pay until
endorsed)
(x) Deduct amount for any advance payment release (if any / applicable / due)
(xi) L&AD allowed (if any)
(xii) Retention money (if any)
(xiii) Net value of work done & materials on Site meet minimum requirement? (unless
practically completed)
(xiv) Practical Completion Certificate (if practically completed)
(xv) Use running number only for each Interim Certificate.
Other Subsequent Payment
1. Project details correct?

2. Funds?
3. Insurance Policies still valid (check need for extension when EOT was granted)?
4. Performance security still valid (check need for extension when EOT was granted)?
5. Value of work done & materials on Site (Materials on Site to be paid 75%)
6. Variation Order (75% if not endorsed by DPW)
7. Price Variation Order (to be endorsed by DPW if > RM10,000.00, not to pay until endorsed)
8. Deduct amount for any advance payment release (if any / applicable / due)
9. L&AD allowed (if any)
10. Amount of Previous Payment (Gross value)
11. Limit of retention money (if any)
12. Net value of work done & materials on Site meet minimum requirement? (unless practically
completed)
13. Practical Completion Certificate (if practically completed)
Note: If any item is missing or uncertain, please refer to the relevant officer/S.O. for the
Contract
Page 81
APPENDIX I
CIRCULAR MEMORANDUM
PERKARA Surat Pekeliling Perbendaharaan Bil. 8 Tahun 1995
RUJ. KAMI PWD/Q1/05 TARIKH 18 MAY 2006
With reference to para 14 of the above, it is decided that consent must be sought from
Headquarters in all cases before any waiver for liquidated and ascertained damages is granted.
This is in addition to the various conditions as stated in the said para 14.
2. Recommendations for the above must contain (but not limited to) the following:-
(a) Particulars of the contract such as:
(i) the title and reference or registration number of the contract and the
contract sum;
(ii) the name and address of the contractor;
(iii) the date for possession of the site;
(iv) the date for completion;
(v) the period or periods of extension of time granted and the reasons for the
same;
(vi) the extended date for completion;
(vii) the actual date of completion; and
(viii) the expiry date of contractor’s bumiputra status.
(b) A synopsis of the events leading up to the delay by the contractor.
(c) The recommendation of the Engineer/S.O. as to the quantum and the merits to
satisfy Clause 14.2.1 of the above quoted Surat Pekeliling Perbendaharaan.
‘Cepat, Ekonomi & Berkualiti’

Original Signed
by
(Datu Hubert Thian Chong Hui)
Sarawak.
Page 82
Agihan:
Kepada: Jurutera Bahagian, Bahagian Kuching

Jurutera Bahagian, Bahagian Mukah
Jurutera Bahagian, Bahagian Betong
s.k.:
Timb. PKR (Pembangunan)
Timb. PKR (Pengurusan)
Pen. Pengarah (Bangunan)
Pen. Pengarah (Bekalan Air)
Pen. Pengarah (GKS)
Pen. Pengarah (PDN)
Pen. Pengarah (Mekanikal)
Pen. Pengarah (Elektrikal)
Pen. Pengarah (Jalan)
Pen. Pengarah (Ukur Bahan)
Pen. Pengarah (Pengurusan Teknikal)
Pegawai Tadbir (PgSM)
Jurutera Kanan (PbSM)
Jurutera Kanan (Jaminan & Kawalan Kualiti)
Pengurus (GIS/RS)
Pengurus (IT)
Ketua Akauntan
Pegawai Tadbir (Stor)
Jurutera Bahan (Pusat Makmal Bahan)
Pengurus, Wokshop Mekanik Pusat
Juruukur Bahan (Unit Perkhidmatan Kontrak)
Page 83
APPENDIX J
MEMORANDUM RASMI
DARIPADA Pengarah Kerja Raya, Sarawak KEPADA Sila Lihat Senarai Agihan
PERKARA Claims Committee SALINAN KPD
RUJ. KAMI PWD/A1/05 TARIKH 08.05.2006 RUJ. TUAN TARIKH
With immediate effect, the departmental Claims Committee is “reactivated” to

consider claims from contractors for loss and expense. The members are as follows:-
(a) Pengarah Kerja Raya, Sarawak or in his absence, Timbalan Pengarah

Kerja Raya (Pembangunan) as Chairman;
(b) Timbalan Pengarah Kerja Raya (Pembangunan), if not sitting as Chairman;
(c) Penolong Pengarah of the technical Branch concerned or his deputy;
(d) Penolong Pengarah (Ukur Bahan) or his deputy; and
(e) Juruukur Bahan, Contract Services Unit as Secretary.
Recommendations on claims from contractors for loss and expense must be

submitted to the above committee from the technical Branch in four copies and must
contain (but not limited to) the following:
(a) Particulars of the contract such as:-

(i) the title and reference or registration number of the contract and the contract
sum;
(ii) the name and address of the contractor;
(iii) the date for possession of the site;
(iv) the date for completion;
(v) the period or periods of extension of time granted and the reasons for the
same;
(vi) the extended date for completion; and
(vii) the actual date of completion.
(b) A synopsis of the events leading up to the claim by the contractor.
(c) The basis of the contractor’s claim.
(d) Particulars of the loss and/or extra expense, and the amount claimed.
(e) The recommendation of the Engineer/S.O. in principle as to why the contractor’s

claim should be entertained.
(f) A detail and complete recommendation of the Engineer/S.O. on the amount of

reimbursement to be paid to the contractor.
Page 84
Where a claim from a contractor is rejected or where an offer is to be made to a
contractor after approval of the Claims Committee, the Secretary shall arrange that the
decision must be conveyed or the offer made to the contractor in writing by the
Engineer/S.O.. If a contractor disputes the decision or the offer made, action must then be
taken to have the dispute settled by arbitration or other means.
“CEPAT, EKONOMI & BERKUALITI”

Original Signed
By
(DATU HUBERT THIAN CHONG HUI)

Sarawak
Page 85
APPENDIX K
Claims and dispute resolution

under the new JKR Sarawak
Form of Contract
prepared for SOC 2006

13 – 14 Nov., 2006
by Kii Ing Ching
Claims
= oh dear!?
= 5 letter word
= s..t?
s..t? (a 4 letter word)
= contractor’s ingenuity
= requests or demands by the Contractor for payments
over and above those explicitly provided for in the
Contract
Claims:
J In the new JKR Sarawak Form of

Contract, claims under the Contract
are specifically dealt with in Clause 42
and 43.
Page 86
Claims:
J Clause 42 ∼ loss and expense caused by

delay as in Clause
41.5(a)(iii), (vi) and (ix) only,
subject to Clause 43.
Claims:
(a)(iii)) ∼ delay by reasons of

JClause 41.5 (a)(iii
directions given by the
S.O. consequential upon
disputes with neighbours,
neighbours,
provided it is not the
Contractor or any sub-
sub-
contractor’s negligence
or default.
Claims:
J Clause 41.5(a)(vi) ∼ delay by reasons of the
Contractor not receiving
instructions for:
⋅ work
⋅ drawings
⋅ levels
⋅ nomination of sub-
sub-
contractors/suppliers
contractors/suppliers
Proviso: Contractors applied in writing for
the instruction
Page 87
Claims:
J Clause 41.5(a)(ix) ∼ delay on the part of the

independent contractor
or others engaged by
the Employer
Delay:
J Condition Precedent Notice under Clause 41.1
(within 7 days of cause of delay)
J Details under Clause 41.2

∼ nature of cause of delay & extent of delay
∼ reference to critical activities of work
programme
J Proviso: Clause 41.5(c) eg.

eg. concurrency,
mitigation
Claims:
JExamples of Other Claims

∼ Unforseen physical conditions
∼ Erroneous or misleading information
∼ Acceleration/suspension
∼ Faulty or impractical design
∼ Statutory requirement changes
∼ Actual loss and/or expense necessarily
incurred
Page 88
Claims:
J Clause 43 ∼ are subject to the condition

precedent notice requirement of Clause
43.1(a), which shall be generally met by the
Contractor returning the duplicate signed
copy of the S.O.’s Instruction.
Claims:
J Clause 43.1(b) - the Contractor must lodge

details within 30 days.
J Details of each claim are as per Clause 42.1(c)
∼ basis
∼ facts for verification
∼ quantification of sums
∼ eg.
eg. rates for V.O. work include a
component for general & preliminaries
and profit.
Claims:
J Assessment shall be by the S.O. with the

approval of the Employer, as per Clause
11.4
J Officer to act on behalf of the Employer

stated in the Appendix.
Page 89
Claims:
J No specific time frame for S.O. to decide

but must be reasonable taking into
account the dispute resolution process
available in Clause 43.3 and in any case
before the issuance of the Final
Certificate (Contractor to submit all
particulars within 3 months after
practical Completion for final accounts
by the S.O.)
Claims:
JClause 43.2 ∼ Employer’s claims

⋅ notify the Contractor and S.O. two
months before issue of Final
Certificate
⋅ not for L&AD and other deductions
allowed in the Contracts.
⋅ may be disputed by the Contractor
as per Clause 43.3(d) and subject
to dispute resolution.
Claims:
J Examples of proof required:

∼ all supporting documents either in original
or certified as true copy by Co. Accountant
or Secretary
∼ substantiation with invoices, payment
vouchers and receipts
∼ no assessment if none of those available.
Page 90
Claims:
J Principles in consideration and settlement of

claims:
∼ reimbursement (not for profit), to put the
Contractor in the position he could have
reasonably envisaged at the time of tender.
∼ actual loss and/or expense necessarily
incurred.
Claims:
J Some requirements for claims to be

successful under the FOC
∼ condition precedent met
∼ proof of loss and expense
∼ proof of mitigation measures
= records, records, records
Claims:
JClaims Committee
∼ DPW’
DPW’s circular ref.: PWD/Q1/05 dated
8.5.2006
∼ Minimum requirements from technical
branch:
⋅ synopsis of events
⋅ basis of claim
⋅ particulars of claim recommendation
as to basis and quantum
Page 91
Claims:
J Effected by the issue of a ACS (Adjustment

to Contract Sum) form.
Disputes
J during the progress

J after completion
J after determination of the Contractor’s
employment
J breach of the Contract
J the construction of the Contract
J any matter arising therefrom
J withholding of any certificate by the S.O.
Disputes: Clause 43(a)(aa)
J within 14 days to submit to S.O. for decision.

J S.O. to decide as soon as practicable
Page 92
Disputes : Clause 43(a)(bb)
J within 14 days after S.O.’s decision, submit

to Employer if dissatisfied
J if dissatisfied with Employer’

Employer’s decision, both
parties to agree on ADR (eg
(eg..
adjudication or mediation) within 28 days
(or any agreed extended time)
Disputes:
JClause 43(b)
∼ works to proceed meanwhile
∼ upon expiry of time as agreed for ADR

or if any party decides to do so, notice is
given for arbitration - Clause 43(d)
Disputes:
JArbitration
∼ last resort
∼ Agreement between the parties as the
person to be arbitrator
Page 93
Disputes:
JArbitration
∼ conditions:
⋅ location to be agreed
⋅ only on matters in original notice
⋅ after the Works is completed or
determination of Contractor’s
employment or abandonment of the
Works
⋅ if appointed arbitrator can’t proceed,
parties appoint another or failing
which by the Director of the KLRCA.
Claims and disputes:

JWhat’s best?
∼Prevention or avoidance via

⋅ accuracy and clarity of documents
⋅ practicality of design
⋅ sound project management by site staff
and S.O.
⋅ interact effectively with the Contractor.
Page 94
APPENDIX L
SURAT PEKELILING NO: 25/93
DARIPADA Setiausaha Kerajaan Negeri Sarawak KEPADA Sila lihat di bawah
PERKARA Timbang Tara Yang Melibatkan Kerajaan Negeri dan Agensi-Agensi
RUJ. KAMI PKM/1002 TARIKH 23 Jun 1993
Dalam banyak kontrak, terutamanya Kontrak Bangunan atau Pembinaan yang dibuat oleh
Kerajaan, Kerajaan Negeri adalah terikat dengan suatu fasal timbang tara supaya mengemukakan apa-
apa pertikaian, yang berbangkit daripada kontrak itu, untuk ditimbang tara.
2. Penimbangtaraan adalah satu proses untuk menyelesaikan pertikaian di antara pihak-pihak

tanpa membawa pertikaian mereka itu ke Mahkamah. Pihak-pihak dalam pertikaian itu melantik
seorang Penimbang Tara (atau penimbang-Penimbang Tara) mengikut kehendak fasal timbang tara
dalam kontrak itu.
3. Keputusan seseorang Penimbang Tara, yang menghakimi pertikaian-pertikaian yang

melibatkan Kerajaan dan agensi-agensinya, adalah lazimnya muktamad dan mengikat kedua-dua pihak.
Pihak Mahkamah biasanya tidak mahu masuk campur atau campur tangan dalam prosiding timbang
tara, dan lazimnya, pihak Mahkamah tidak akan membatalkan Award yang dibuat oleh Penimbang Tara
atas semata-mata sebab Penimbang Tara itu telah membuat kesilapan dari segi undang-undang atau
semasa dia membuat penilaian tentang fakta-fakta. Jika seseorang Penimbang Tara membuat kesilapan
semasa hendak memberi Awardnya, maka Award itu akan, walau bagaimanapun, mengikati Kerajaan,
sebagai satu pihak dalam penimbangtaraan itu, dan kenalah membayar amaun yang diawardkan itu.
4. Baru-baru ini, terdapat beberapa Award Timbang Tara yang dibuat terhadap Kerajaan negeri
dan salah sebuah daripada agensinya, yang dianggap sebagai amat tidak memuaskan, salah dan tak
wajar. Tambahan pula, tiada permohonan dibuat kepada Mahkamah untuk membatalkan Award-Award
yang luar aturan itu dalam masa yang dibenarkan oleh undang-undang untuk berbuat demikian.
Akibatnya, ada kemungkinan Kerajaan dan agensi yang berkenaan itu akan dikena menjelaskan Award
yang dibuat itu. Adalah dirasai bahawa keadaan yang seperti ini dapat dielakkan dengan memilih
secara teliti Penimbang-Penimbang Tara dan, dengan demikian, dapatlah mengurangkan kemungkinan
berlakunya kesalahan-kesalahan atau kesilapan-kesilapan di pihak mereka itu. Sekiranya Award-
Award yang luar aturan masih dibuat terhadap Kerajaan, maka tindakan yang sesuai bolehlah diambil
untuk membatalkan Award-Award itu melalui suatu Perintah Mahkamah.
5. Oleh yang demikian, semua Jabatan dan Agensi Kerajaan adalah diarahkan supaya mengikut
garis-garis panduan berikut berkenaan dengan perlantikan Penimbang Tara dan pneyelsaian apa-apa
Award timbang tara.
Mulai sekarang, Jabatan-Jabatan dan Agensi-Agensi Kerajaan hendaklah lebih teliti

memilih Penimbang Tara dalam pertikaian-pertikaian yang melibatkan Kerajaan dan
Agensi-Agensinya.
Penimbang-Penimbang Tara hendaklah orang-orang yang berpengalaman dalam
bidang mereka masing-masing dan, yang terutamanya, orang-orang yang mempunyai
integriti dan sifat yang saksama.
Setakat yang berkaitan dengan penimbangtaraan Kerajaan, untuk mengurangkan
kemungkinan calon Penimbang Tara yang “tak dapat diterima”, amalan yang berikut
patutlah diikuti:-
Page 95
(a) Penimbang-Penimbang Tara hendaklah, setakat mana yang mungkin:-
(i) bekas Hakim Mahkamah Tinggi atau Mahkamah Agung di Malaysia atau
bekas Hakim dari Negara-negara Komanwel lain,
(ii) jurutera atau arkitek bereputasi baik yang disyorkan oleh IEM atau PAM
atau ahli-ahli professional lain yang disyorkan oleh badan-badan
professional mereka.
(iii) Penimbang-Penimbang Tara yang disyorkan oleh Pusat timbag Tara
Serantau di Kuala Lumpur.
(b) Sebelum melaktik mana-mana Penimbang Tara, Kamar Peguam Besar Negeri
hendaklah dirundingi dan bagi maksud-maksud perundingan itu, suatu Vitae
Kurikulum yang penuh dan lengkap tentang Penimbang Tara yang dicadangkan,
termasuk butir-butir mengenai pengalaman kerja dan juga pengalamannya yang lalu
dalam hal timbang tara, disedia dan disampaikan ke Kamar Peguam Besar Negeri.
(c) Sebarang Award yang dibuat oleh Penimbang Tara patutlah dikemukiakan dengan
segera ke Kamar Peguam Besar Negeri, agar jika Award itu didapati luar aturan,
permohonan bolehlah dibuat dalam masa enam (6) minggu selepas Award itu ke
Mahkamah untuk membatalkannya atau untuk mendapatkan remedi lain dari segi
undang-undang.
(d) Sebarang pembayaran tidak boleh dibuat, tidak kira apa jua amaun yang diawardkan
oleh Penimbang Tara terhadap Kerajaan atau Agensi-Agensinya, sehinggalah selepas
Peguam Besar Negeri telah mengesahkan secara bertulis bahawa Award itu tidak
dapat dicabar dengan jayanya di dalam Mahkamah.
(e) Jika seseorang Penimbang Tara mengawardkan kos terhadap Kerajaan dan amaun
kos itu tidak ditetapkan oleh Penimbang Tara, maka kos itu patutlah ditetapkan (iaitu
ditaksirkan) oleh Pendaftar Mahkamah Tinggi menurut Aturan 59, kaedah 12(b)
dalam Kaedah-Kaedah Mahkamah Tinggi, 1980.
6. Saya rasa bahawa langkah-langkah ini didapati perlu sekarang ini untuk memastikan
bahawa Kerajaan dan Agensi-Agensinya tidak akan menanggung sebarang kerugian dari
segi kewangan dalam usaha menyelesaikan Award-Award secara timbang tara yang luar
aturan, tak munasabah dan tak wajar.
Surat Asal Ditandatangani

Oleh
(DATUK HAJI HAMID BUGO)
Setiausaha Kerajaan Negeri
Sarawak
Kepada: (1) Semua Setiausaha Tetap Kementerian

(2) Semua Ketua Jabatan/Agensi Kerajaan
Page 96
APPENDIX M
MEMORANDUM RASMI
PERKARA Limitation Ordinance
RUJ. KAMI PWD/Q1/05 TARIKH 11.07.96
All addressees are herein reminded that the Limitation Ordinance set out various time frames
within which any person entitled to institute a suit shall commence his action.
Under item 96 of the Schedule, the limitation period set for pursuing compensation for the
breach of a contract in writing is fixed at six years from the date of the breach.
In a recent case, the State Attorney General was unable to proceed with any such recovery
arising from a Contract that was terminated by the Department.
It is pertinent to remind Warrant Holders, Sub-warrant Holders, and all relevant officers to
promptly pursue Government interest within the time-frame as mentioned above.
“Cepat, Ekonomik & Berkualiti”

Surat Asal Ditandatangani

oleh
(Michael Ting Kuok Ngie)
Sarawak
Page 97
APPENDIX N(1)
PRICE VARIATION ORDER NO. ……………………..

(For Payment Certificate No. ………………………… dated ………………..)
TO ADJUST FOR FLUCTUATION OF PRICES OF 15 BUILDING MATERIALS

Project Title: Construction and Completion of Contract No.:
Contractor: Date:
Scheduled Contract Period from …………………………... Extension of Time approved:

to ……………………….. ………………………………………
CATEGORY ) External
Works
Current Index (C.I.) -
Base Index (B.I.) -
Recovery Factor (R.F.) 0.6 0.6 0.6 0.6 -
Fluctuation Factor
FF = RF x (CI-BI)/BI (±)
Accumulated Value of work
done:
Ø Up to this payment (Py)
Up to last payment (Px)
Effective Value
E.V. = Py – Px
Amount of Price Fluctuation
(FF x EV) (±)
* Average of
Ø Refer computation sheet attached
Nett value of work done (total E.V.) RM

Price Variation for this Payment Add/Deduct RM
Total value of Price Variation Nos. 1 - Add/Deduct RM
……………………………………… ………………………………………
Prepared by S.O.’s Representative Confirmed by Superintending Officer
(Name: ……………………………..) (Name: ………………………………)
(Designation: ………………………) (Designation: ………………………..)
Distribution
(a) For Headquarters Contract: (b) For Divisional Contract:
Original to DPW Original to Divisional Engineer
Duplicate to contractor Duplicate to contractor
Copy to Divisional Engineer Copy to DPW
Copy to JAN/Perbendaharaan Negeri Copy to JAN/Perbendaharaan Negeri
Page 98
APPENDIX N(2)
PRICE VARIATION ORDER NO.

FOR THE MONTH OF
TO ADJUST FOR FLUCTUATION IN PRICES OF CEMENT REINFORCING STEEL BARS DIESOLINE,
FUEL OIL AND BITUMEN
Project Title:
Contractor: Contract No.:

Date:
PRICE ADJUSTMENT REMAINDER

TOTAL QTY
TENDERED FOR DIFFERENC QTY STILL
MATERIALS DELIVERY
PRICE THIS E IN PRICE
TO SITE (mt)
ADD DEDUCT SUBJECT
MONTH FLUCTUATION
10mm
12mm-25mm
32mm
Diesoline
Fuel Oil
50 kg. cement
Bitumen
Total
ADD/DEDUCT
Net price variation for this month
I certify that the quantities above have been physically checked is they are delivered to site and have been examined
against the invoices.
……………………………………………….. ………………………………………………..
Signature of S.O.’s Representative Confirmed by S.O.
Note:
The S.O. or S.O.’s representative may at any time called for invoices receipts and such other documentary evidence as
may required. The Contractor shall not withhold any information or documentary evidence as required S.O. or S.O.’s
representative
ADD/DEDUCT Net value of Variation Order No.
ADD/DEDUCT Net value of Price Variation Orders No. 1 –
Revised Contract Sum:
Distribution:
(a) For Headquarters Contract: (b) For Divisional Contract:
Original to DPW Original to Divisional Engineer
Duplicate to Contractor Duplicate to Contractor
Copy to Divisional Engineer Copy to DPW
Copy to JAN/Perbendaharaan Negeri Copy to JAN/Perbendaharaan Negeri
Page 99
APPENDIX O
SURAT PEKELILING BERSAMA
DARIPADA: Setiausaha Kewangan Negeri, KEPADA: Semua Setiausaha Tetap

Sarawak Kementerian.
Pegawai Kewangan Persekutuan, Semua Residen.
Sarawak Semua Ketua Jabatan-Jabatan
Negeri dan Persekutuan.
Semua Ketua Badan-Badan.
Berkanun Negeri dan
Persekutuan.
PERKARA: Jaminan Bank SALINAN KPD:
BIL. KAMI: CTB / 8 / 8 (2) / (151) TARIKH: 6hb Februari, 1988
Beberapa rungutan telah diterima daripada para kontraktor dan pembekal mengenai
masaalah jaminan bank bagi kontrak-kontrak kerja dan perbekalan dari Jabatan-Jabatan
Kerajaan.
2. Amalan beberapa Jabatan Kerajaan sekarang ini ialah meminta para kontraktor dan
pembekal yang berjaya menyediakan jaminan bank yang terbuka dan ini telah
menimbulkan banyak masaalah apabila bank-bank tidak dapat melayani permintaan
mereka.
3. Bagi mengatasi masaalah seperti ini, beberapa perubahan dalam tarikh luput jaminan
bank telah dipersetujui seperti berikut:-
(a) Kontrak Kerja
(i) Bagi kontrak kerja kurang dari setahun, tempoh jaminan bank ialah dua kali ganda
tempoh kontrak berkenaan dan ditambah tempoh tanggungan kecacatan. Misalnya,
jika tempoh kontrak kerja 6 bulan maka jaminan bank ialah 6 bulan + 6 bulan +
tempoh tanggungan kecacatan.
(ii) Untuk kontrak kerja yang melebihi satu tahun, tempoh jaminan bank ialah tempoh
kontrak berkenaan ditambah satu tahun dan ditambah tempoh tanggungan kecacatan.
Misalnya, jika tempoh kontrak kerja 1½ tahun, maka jaminan bank ialah 1½ tahun + 1
tahun + tempoh tanggungan kecacatan.
(b) Kontrak Bekalan
(i) Bagi kontrak yang kurang dari satu tahun, tempoh laku jaminan bank ialah 18 bulan.
(ii) Bagi kontrak yang melebihi satu tahun, tempoh laku jaminan bank ialah 24 bulan atau
tempob kontrak tersebut ditambah dengan 6 bulan tertakluk kepada yang lebih
panjang.
Page 100
- 2 -
(c) Kontrak Penggal
(i) Bagi kontrak bekalan penggal pula, tempoh jaminan bank hendaklah 24 bulan.
2. Surat Pekeliling Bersama ini berkuatkuasa dengan sertamerta.
‘HIDUP SELALU BERKHIDMAT’
Surat Asal Ditandatangani Surat Asal Ditandatangani

oleh oleh
(ABDUL AZIZ BIN MOHD. ALI) (DATUK LIANG KIM BANG)

Pegawai Kewangan Persekutuan, Setiausaha Kewangan Negeri,
SARAWAK. SARAWAK.
Page 101
APPENDIX P
G.4
(Pind. 1/86)
MEMORANDUM RASMI
DARIPADA Pem. Pengarah Kerja Raya, KEPADA Sila Lihat di bawah

Sarawak
PERKARA Sila Lihat di bawah SALINAN KPD
PWD/B2/12
RUJ. KAMI (39) Pt. 50 TARIKH 8.5.2002 RUJ. TUAN TARIKH
IMPLEMENTATION OF BUILDING PROJECTS

- IMPROVEMENT TO MANAGEMENT OF PROJECTS UNDER CONSTRUCTION
The State Government is most concern about the delay in the implementation of building
projects since some Client Departments have reported that there are still many projects that are
still not completed. And even when projects are finally completed, the dates of completion are
many months after the original scheduled completion dates.
2. While the contractors’ poor performance is the main reason for the delay in the
completion of projects, our department must strive to minimize delay in the completion of
projects. Projects are sometimes delayed for well over a year before they are been terminated.
Extension of time was granted because of late decision, additional works etc. Therefore, to
ensure that projects are satisfactorily completed and on schedule, we must all be more vigilant in
the management of projects. Areas of concern that require urgent attention and action are been
highlighted below:-
a) “Sick Projects”
Upon the commencement of a project, the contractor must submit a work programme,
preferably in the form of a “S-curve”. The graph will indicate a proposed percentage
achievement on a monthly basis. This percentage is important because any project that is
delayed by 30% shall be classified as “Sick Project”. JKR Headquarters will compile all
“Sick Projects” into a special report and maintain close monitoring of the progress of these
projects. In the event that the contractors concerned do not respond positively to our
warning letters, prompt action must be taken to terminate the Contracts.
b) Additional Works
Client departments requested for additional works to be carried out. As additional works
constitute variations to the Contract, extension of time was recommended for the Contract.
While it is sometimes necessary to carry variation order works because of site conditions
that could not be anticipated earlier, “not urgent” additional works must not be carried out.
Variation to piling works, retaining wall etc. due to site conditions may be considered as
urgent variation works but the request by “Client Department” for additional works such as
footpath, covered walkway etc. is not urgent. Works that are not urgent should only be
carried out through a separate contract after the project is completed and handed over to the
Client Department.
Page 102
c) Rejected Works
In one of our projects, some concrete piles were driven without our supervision and they
were found to be out of alignment. Instead of rejecting the works, Divisional Office has
referred this matter to Headquarters and because of indecision, this project has been critically
delayed. Management of projects includes making decision and if the workmanship is not
good or works carried out on sites are not according to Specification, the Divisional
Engineers concerned must reject the works.
d) Late Decision
Lately, there are recommendations for extension of time because of late decision on piling
works. After test piling and loading test, if reasonable time is taken to decide and instruct
contractor to proceed with piling works, the contractor has no ground for extension of time.
But if it takes an exceptionally long period of time for decision to be made before the
contractor can commence works on working pile, then the contractor will surely request for
extension of time. If necessary, the current process on piling decision may need to be
improved.
3. We need to highlight the fact that some Divisional Engineers have performed remarkably
well and their works are truly exemplary. But, there are some Divisional Engineers who must
improve on their projects management. Recognizing some of the shortcomings in our
management of projects is the first step to minimize the delay in the implementation of projects.
More importantly, we must now correct our weaknesses and improve our management skills.
Processes in the construction industry are highly complicated and some delays are to be
expected. But, with the good cooperation between the staffs of Divisional offices and
Headquarters, let us strive to minimize the delay in the implementation of projects.
“CEPAT, EKONOMI DAN BERKUALITI”

Signed
(Hubert Thian C.H.)

Pem. Pengarah Kerja Raya,
SARAWAK.
Page 103
APPENDIX Q
Contract No.: ...................................................
Contract Name: ...................................................................................................................................

................................................................................................................................................................
Explanatory note for Liquidated and Ascertained Damages imposed at RM....................... per week
or part thereof:-
1. Date of Commencement of work:
2. Contract period:
3. Date due for completion:
4. Date due for completion extended to:
5. Value of work done as claimed up to:
6. Actual date of completion:
7. No. of Days behind time:
8. Amount of L & A.D. imposed:
N.B. Pending the approval for the extension of time, the L & A.D. Imposed amounting
to RM______________ is to be retained at the retention column.
Page 104
APPENDIX R
PRICE VARIATION FOR 15 BUILDING MATERIALS FOR J.K.R.
1. Introduction
The Special Provisions to the Conditions of Contract (Varaition in Price of 15 Building

Materials) is intended to cater for the ups and/or down of the prices of designated materials.
Prior to 1st December, 1981, JKR (Sarawak) contracts contained provision for variations of
prices of two materials only namely steel bars and cement. After 31st December, 1981, our Head
II i.e. Building projects then contains provision for variation of prices of up to 15 building
materials. Thus at present, we have two scheme of Price Variation Provision, one for Head I and
Head III works (for steel bars and cement only) and the other for Head II works (15 building
materials). Presently we are dealing with the later sheme which is slightly more complicated.
2. Classification of Buildings and other Works

(Refer Appendix ‘C’ on Explanatory Notes)
All works in a Head II projects are classified into 8 categories plus External Works as
follows:
I. Single Storey R.C. Building – (R.C. Single Storey)
II. 2-4 Storey R.C. Building with Flat Roof – (R.C. 2-4 Flat Roof)
III. 2-4 Storey R.C. Building with Pitched Roof – (R.C. 2-4 Pitched Roof)
e.g. Class II Quarters (Concrete), Class III Quarters (Concrete), Class IV Quarters
(Permanent)
IV. 5 Storey and above R.C. Accommodation Building – (R.C. 5 + Accommodation)
V. 5 Storey and above R.C. Office Building – (R.C. 5 + Office)
VI. Timber Building – (Timber Building)

e.g. Barracks, Class II (Timber), Class IV (Timber), most Classrooms for Primary Schools,
etc.
VII. Timber Piling – Bakau Piles and Belian/Pepper Post Piles, Bakau or Belian Pepper Post
Mattress
VIII. Reinforced Concrete Piling – (R.C. Piling)
External Works – (External Works) – Site Works, roads, hardstanding, drains, pipe lines,
high level reservoir, water treatment plants, fencing posts, turfing, steel H-piles, car sheds,
covered walkway.
Appendices B (i) and B (ii) are typical classification of Sekolah Menengah Kerajaan projects.
Page 105
3. The Price Index
This is the Building Cost Index contributed by the 15 building materials. This Index is
compiled by the Department of Statistics and published in their monthly Special Release. For
Semenanjung Malaysia, the 1st Price Index was published for January 1980 and the Index of 100
was assumed for all categories of works. For Sarawak, the 1st Price Index was published for
December 1982 with the assumption of the initial Index of 100 for January 1981. For the
purpose of the Price Index, Sarawak is divided into 3 regions with Kuching, Sibu and Miri as the
centres (See Appendix ‘A’).
4. Guideline for Computation of Price Variation Order
(1) Current Indices are to be computed to one decimal place only.
(2) Fluctuation Factors are to be computed to 3 decimal places.
(3) Fluctuation Factor for External Work is the simple average of all the categories of buildings
found in the contract irrespective of whether there is any work done under that building
category in the particular payment certificate or not.
(4) Points to note in Computation of Accumulated Value of Work Done for each payment:
(a) Preliminaries and nominated sub-contractor’s works are not subject to Fluctuation and
thus to be neglected.
(b) All deduction items of Variation Order are to be included in the computation. However
for addition items, only those based on the Schedule of Rates or Summary of Tender
item rates are to be included.
(c) Furnitures are to be included in the category of the Parent Building(s) they belong to.
(d) Renovations works to existing/old buildings are to be included in the category each of
these existing/old building belongs.
(e) Steel piles are to be included in the External Work category.
5. When preparing Price Variation Order for interim payments, one is to assume that the Price
Variation Order is prepared just after the particular payment is issued.
6. Proper item reference related to the attachment to payment certificate or Summary of Tender or
Variation Order should be given for checking purposes when computing accumulated value of
work done for each Price Variation Order, e.g. Certificate Item 2a to 2e, Summary of Tender
item 5 and 7 to 9, Variation Order No. 5 item 1, 5, 7 and 9 only etc.
7. Special Situation
(a) If two or more payment certificates are issued in the same month, the Price Variation Order’s
for these second and latter certificates shall use the indices of the month just preceeding as we
assume that all these materials consumed are brought during the preceeding month.
(b) If the first payment certificate is issued in the same month as the handing over date, the Price
Variation Order shall use the indices of that particular month.
Page 106
APPENDIX R
(LAMPIRAN A)
SPECIAL PROVISIONS TO THE CONDITIONS OF CONTRACT

(VARIATION IN PRICE OF MATERIALS) FOR BUILDING WORKS
(TO BE INCORPORATED FOR TENDERS WHICH CLOSE AFTER
1ST DECEMBER, 1981)
Adjustments (upwards and downwards) shall be made to the monthly interim payments and finally to the
Contract Sum if there shall be any variation in the Building Cost Indices, compiled by the Department of Statistics,
Sarawak, which are intended to reflect any changes in the prices of the selected materials described hereunder.
(i) Cement All cement for use in concrete mortar, paving and plastering
(ii) Steel Mild and High Tensile steel bars and fabric reinforcement for use in
reinforced concrete.
(iii) Aggregates All coarse aggregates for use in concrete
(iv) Sand and fine All sand and fine aggregates for use in concrete, mortar, paving and
aggregates plastering.
(v) Bricks All bricks including concrete blocks for use in brickworks and blockworks.
(vi) Timber All timber and plywood for use in joinery and carpentry works including
those for formwork.
(vii) Roofing materials All roofing materials
(viii) Ceiling Materials All ceiling sheet materials
(ix) Steel and Metal All non-structural steel and metal sections.
Sections
(x) Plumbing Materials All plumbing materials for water and sanitary installations.
(xi) Floor and wall tiles All floor and wall tiling materials.
(xii) Sanitary fittings All sanitary fittings and applicances.
(xiii) Ironmongery All ironmongery items.
(xiv) Glass All glass for glazing works.
(xv) Paint All painting materials.
Any changes in the prices of materials other than the above and the cost of plant shall be deemed to follow that
of the above described materials, but any changes in the cost of labour and the amount for profit and overheads shall
not be reflected in the indices.
2. Application of Adjustments
(a) The adjustments shall only be applied to the “Effective value of Works” (as defined hereunder) in respect
of all materials used and plant employed. The “Effective value of Works” shall mean the difference
between:
(i) The amount of all builder’s works (including any site and external works) executed by the Contractor
up to date of the current monthly interim valuation less the amounts for preliminary items and any
items based on actual costs or current prices and excluding any works dealt under P.C. or Provisional
Sums; and
Page 107
(ii) The amount calculated in accordance with (i) above up to the date of the proceeding monthly interim
valuation.
(b) The amount in respect of all the materials used and plant employed are deemed to constitute sixty (60.0)
percent of the Effective Value of Works (referred to as the “Recovery Factor” of 0.60).
3. Variations in the Building Cost Index
The Variations in the Building Cost Index shall mean any increase or decrease in the “Current Index” (as
defined under paragraph (b)(ii) hereof) as compared to the “Base Index” (as defined under paragraph (b)(i) hereof)
for the relevant category or categories of buildings or works as stated in the Appendix ‘A’ to these provisions:
(i) The “Base Index” shall mean the latest appropriate Building Cost Index as stated in the Special Release
issued by the Department of Statistics, Sarawak for the month prior to that which the tender closes, and
shall be inserted in the Appendix ‘A’ to these provisions.
(ii) The “Current Index” shall mean the corresponding Building Cost Index as stated in the Special Release
issued by the Department of Statistics, Sarawak for the month preceding the date of the monthly interim
valuation.
Provided that in respect of works executed outside the period permitted under the provisions of the Contract the
Current Index shall be the appropriate Building Cost Index as stated in the Special Release issued by the Department
of Statistics for either the final month of the period permitted at the material time under the provisions of the
Contract, or the month preceding the date of the monthly interim valuation, whichever is the lower.
4. Calculation of Adjustment
The increase or decrease payable or deductable shall be calculated by multiplying the Effective Value of Works
by a factor referred to as Fluctuation Factor which shall be ascertained from the product of the relevant Recovery
Factor and the difference between the relevant current Index and the Base Index, divided by the Base Index, viz:
Fluctuation Recovery Current Index – Base Index

= x
Factor Factor Base Index
Provided that:
(i) (a) If the relevant Current Index has not been published by the date the interim payment
certificate is to be issued: or
(b) If the total amount of any monthly interim valuation (excluding and sums for increase or
decrease under these provisions) is inadequate to justify the issue of an interim payment
certificate; then the increase or decrease payable in respect of the monthly interim
valuation shall be added to or deducted from the amount payable upon the issue by the
Engineer of the next interim payment published or when the total amount of the monthly
interim certificate, as the case may be.
(ii) The Fluctuation Factor for the Effective value of Works in respect of site and external works
shall be the simple average of the Fluctuation Factors of the relevant categories of buildings
(excluding piling works) contained in the contract.
Page 108
APPENDIX S
SURAT AKUAN
Saya, ……………………………………………………………… No. KP …………………………..

alamat …………………………………………………………………………………………………..
dengan sesungguhnya mengaku bahawa;
a. Saya adalah Pengarah Syarikat …………………………………………………………………….

dan diberi kuasa oleh syarikat tersebut untuk membuat pengistiharan bagi pihaknya.
b. Syarikat ini telah menjalankan kerja-kerja …………………………………………………………

……………………………………………………………………………... dalam kontrak dengan
Kerajaan Malaysia / Sarawak – kontrak no.: ……………………………………………………..
dan telah disiapkan dengan sempurna sebagaimana yang telah diarahkan.
c. Syarikat ini telah menjelaskan semua gaji/upah pekerja termasuk Caruman KWSP dan SOCSO.
Dan saya membuat surat akuan ini dengtan penuh kepercayaan bahawa apa-apa yang tersebut di
dalamnya adalah benar serta menurut Undang-undang Surat Akuan, 1960.
Diperbuat dengan sebenar-benarnya oleh )

yang tersebut di atas iaitu )
……………………………………………. )
di …………………………………………. )
pada ……………………………………… )
(Tandatangan pemborong)
Dihadapan saya;
…………………………………………….
Page 109
Check list for inclusions in
tender documentation incorporating the
Check list for inclusions in tender documentation incorporating
the JKR Sarawak Form of Contract
Clause Short Note Action Remarks
4 Contract To state if any: In Specifications

Documents ∼ change in priority of Contract Documents
∼ change in requirement of as-built drawings
∼ return all Contract Documents at end of contract
7 Quality Plan ∼ Delete for quality plan if deemed unnecessary In addendum to FOC
8 Basis of ∼ Choose between Clauses 8.1 and 8.2. In Appendix to the FOC
Contract
10 Performance ∼ State minimum validity of BG/Insurance bond In Specifications

security
11 S.O. and SO’s ∼ State officer (by post) to act on behalf of Employer In Appendix to the FOC
representative ∼ 1st level – DE, up to RM10,000 for PTIVO,VO
∼ 2nd level – Dy. DPW (Development)
13 Possession of ∼ to state if not to be 4 weeks for the date of the LA In Specifications

Site or if site is not fully ‘free’.
∼ To be 2 weeks for quotations
14 Method ∼ Delete via Addendum if deemed unnecessary In addendum to FOC

Statement
20 Setting Out ∼ Reference points for the Contractor to set out. In Specifications or
drawings
25 Insurance ∼ Minimum values to be stated In Appendix to the FOC

∼ ‘excess’ to be borne by Contractor In Specification
30 Contractor’s ∼ To be certified by a professional designer In Specifications

Design
33 Payment to ∼ Minimum interim amount In Appendix to the FOC

Contractor ∼ Clause 33.1 – 14 days instead of 30 days for In Specification and in
Federal contracts. FOC (initial by both
parties)
34 Time for ∼ To state period In Appendix to the FOC

Completion
35 Sectional ∼ To fill in the details In Appendix to the FOC
Completion ∼ Amplified in the Specifications
37 DLP and DLP ∼ To state period In Appendix to the FOC

for remedial
work
40 L & AD ∼ To state rate In Appendix to the FOC
41 Delay ∼ To state which DID station In Specifications
Page 110
SECTION C – AMMENDMENT TO JKR SARAWAK FORM OF CONTRACT
PROPOSED REPAIR WORKS TO MEDAN NIAGA SEDC SRI AMAN AT LOT

2010 AND PART OF LOT 1523, 95000 SRI AMAN, SARAWAK.
AMENDMENT TO JKR SARAWAK FORM OF CONTRACT
1. “GOVERNMENT” or “EMPLOYER” shall mean SARAWAK ECONOMIC

DEVELOPMENT CORPORATION.
2. “ENGINEER” or “DIVISIONAL ENGINEER” shall mean the General Manager

of Sarawak Economic Development Corporation or person duly authorized
and appointed in writing by him for the purpose of the contract.
3. “DIRECTOR OF PUBLIC WORKS” shall mean Chairman of Sarawak

Economic Development Corporation.
………………………………………. ………………………………..
SIGNATURE OF CONTRACTOR SIGNATURE OF WITNESS
Name in full: ………………………… Name in Full: ……………………
I.C. No: ………………………………. I.C. No: …………………………...
In the capacity of: …………………… Designation: …………………...
…………………………………………
Having been duly authorized to sign
For and on behalf of the contractor
C/1
SECTION C – APPENDIX TO THE FORM OF CONTRACT
Clause
8.1 Bill of Quantities Applicable / Not-applicable
8.2 Drawings and Specifications Applicable/ Not-applicable
11.4 Officer(s) empowered to take action
on behalf of the Employer in respect of :
Clause 11, 26, 27, 28, 34, 37, 40, 44 General Manager of Sarawak Economic
Development Corporation
Clause 11, 29, 33, 35, 39, 41, 42, 43 General Manager of Sarawak Economic
Director, Engineering & Project
Management Division, SEDC
25.2(a) (i) Percentage of Professional Fees

(if Applicable) Not Applicable
(ii) Removal of debris (if applicable) Not Applicable
RM________________
(iii) Materials/equipments supplied by Not Applicable
RM________________
the Employer (if applicable)

(i) any one accident RM50,000.00
(ii) any one period Unlimited
33.1 Period of Interim Certificates Monthly

33.1 Minimum amount in Interim Certificate -
33.2 Officer(s) empowered to certify
and approve General Manager of Sarawak Economic
Director, Engineering & Project
Management Division, SEDC
34 Time for Completion Ten
Six(10)
(6)
Weeks from the date of
handing over
C/1
SECTION C – APPENDIX TO THE FORM OF CONTRACT
35.1 Sectional Completion (if applicable)
Identification of Time for Completion Liquidated and

sections or parts (Clause 34) Ascertained Damages
(Clause 40)
37.1 Defects Liability Period Six (6) months
37.5 Defects Liability Period for Remedial Works Three (3) months Fourteen (14)
days
38.1 Limit of Retention Money Not applicable
40.1 Liquidated and Ascertained Damages At the rate of 0.017%

RM200.00 per day
45 Officer (s) empowered to terminate the General Manager of Sarawak

Contract Economic Development Corporation
C/2
SECTION D :
TECHNICAL CONDITIONS
 PARTICULAR SPECIFICATION
 LIST OF QUOTATION DRAWING

SECTION D – PARTICULAR SPECIFICATION
PRELIMINARIES AND GENERALLY
1. SCOPE OF WORK
The Contract covers the PROPOSED REPAIR WORKS TO MEDAN NIAGA SEDC SRI
AMAN AT LOT 2010 AND PART OF LOT 1523, 95000 SRI AMAN, SARAWAK and in
accordance with the Drawings and Specifications.
The scope of work of the contract includes but not limited to:-
a) Demolish and dismantling existing counter tops, tiling, door frame, ceiling and metal
roofing.
b) Supply and Install new counter tops, tiling, door frame, ceiling, metal roofing and
aluminium sink.
The Contractor shall provide all necessary assistance to allow supervising staff appointed by
the Architects/Engineer to carry out their supervisory duties.
2. PRELIMINARY ITEMS
The preliminary items included hereunder apply to the whole of the Works contained in this
document and the Contractor must allow for complying with same and for any cost incurred in
connection therewith. The rates inserted by the Contractor for preliminary items shall be
deemed to apply to the whole of the Works carried out under the Contract. The monetary
value of any item which is left unpriced shall be deemed to have been included in the rates for
each item of work in the Schedule of Rates.
3. ALTERATIONS TO TEXT
No alterations shall be made by the Contractor to the text of these Quotation Documents. If
any alteration, addition or note is made by him such alteration, addition or note will not be
recognized and the text of the original documents will be strictly adhered to.
4. TENDERED PRICES
The prices set down by the Bidder against any item in these Quotation Documents, unless
expressly provided to the contrary, shall be held to include for the supply of materials
including cutting and waste, unloading, storage, packing, carriage and cartage, hoisting; all
labour for fabricating, setting, fitting and fixing and fixing in position; use of plant and fuel,
supervision, establishment charges; duty, profit and any other expenses and everything else
necessary for the due and proper completion of that item.
5. ABBREVIATIONS
The following abbreviations are used in this Specification and the Schedule of Rates and their
full meanings are given in brackets:-
D/1
METRIC UNITS
M3 (Cubic Metre)
M2 (Square Metre)
M (Linear Metre)
MM (Millimetre)
Tonne (Metric Ton)
Kg (Kilogramme)
N (Newton)
GENERAL
No. (Number)
Pairs (Pairs)
Doz. (Dozens)
B.S. (The latest standard for a particular building material or component

Issued by the British Standards Institution)
C.P. (BS) (The latest British Code of Practice issued by the Council for Codes of
Practice, British Standards Institution)
M.S. (Malaysian Standard issued by S.I.R.I.M)
B.G. (Birmingham Gauge)
S.W.G. (Imperia Standard Wire Gauge)
A.S.T.M. (Amerian Society for Testing and Materials)
6. HEADINGS
Headings are not comprehensive and do not modify the meaning of the clauses in these
documents.
7. LOCATION OF SITE AND ACCESS TO SITE
The site of the proposed works is located at MEDAN NIAGA SEDC SRI AMAN AT LOT
2010 AND PART OF LOT 1523, 95000 SRI AMAN, SARAWAK. The access to the site is
by road.
D/2
8. SITE CONDITIONS & SITE VISIT
Contractors shall provide for visiting the site of the works and acquaint themselves with its
nature and position, means of access, ground conditions and facilities for placing and moving
materials. Claims will not be entertained for any extra costs incurred by the Contractor in
carrying out the work not specified therein, but the necessity for which could have been
foreseen by him on inspecting the site before tendering.
9. DRAWINGS
The drawings forming part of this Contract are listed in the Section D – Quotation Drawing.
Contractors shall study the drawings prior to submission of Quotation. No claims for extras
consequent upon non-examination of drawings will be considered.
Before commencing work, the Contractor shall check all details and dimensions shown on the
drawings and in the event of any discrepancy, shall immediately notify the Engineering and
Project Management Division of SEDC. Claims will not be entertained by the Engineering
and Project Management Division of SEDC for any extra costs incurred by the Contractor due
to discrepancies in the drawings.
The Contractor is to co-ordinate all drawings and ensures that all trades are working from the
latest issue of drawings and documents.
10. CONSTRUCTION PROGRAMMES
The Contractor shall from time to time prepare and submit to the Engineering & Project
Management Division of SEDC within one week of a written request for such from the
Engineering & Project Management Division of SEDC, detailed construction programme in
accordance with which he proposes to execute the works. The programme, once agreed by the
Engineering Division of SEDC, shall not be changed without approval.
The Contractor shall maintain and up-date all necessary progress charts co-related to the
approved construction programme.
11. WORKING HOURS
Provide for working at night and on Sundays if the Bidder deems necessary, making adequate
security arrangements and indemnifying the Employer against any claims by their parties
cause by working outside working hours. No claims for extra remuneration on account of
working outside normal working hours shall be entertained, save such extra remuneration as is
authorized by the Architect in writing.
If in the opinion of the Architect, the progress of the Works is behind schedule, the Architect
shall have the right to instruct the Contractor to increase his plant and labour force and/or to
continue work beyond normal working hours, including night work, in order to maintain the
progress of the work to his satisfaction. The Contractor is to allow in his Quotation for the
extra cost for complying with the Architect’s Instruction to perform such work necessary to
adhere to the agreed progress schedule as no claim for extra payment for additional labour or
for working beyond normal working hours will be entertained. In no case shall any night
work be allowed without the written permission of the Architect.
D/3
12. COMPLETION PERIOD
The Contractor shall be deemed to have allowed in his Contract sum for time loss due to
public holidays, festivals and inclement weather that may occur during the contract period. A
“Calendar month” shall mean a complete month in the Gregorian calendar.
13. CONDITIONS OF CONTRACT
The Form of Agreement and he General Conditions of Contract into which the Contractor will
be required to enter in connection with this project is the revised and amended edition (For use
where Bill of Quantities do not form part of the Contract) as produced by the Public Works
Department, Sarawak.
The Bidder shall allow in his tender for complying with all the terms of the Schedule of
Conditions which are summarized as follows:-
Clause
1 - Definition of terms
2 - Scope of contract
3 - Adequacy of contract sum
4 - Schedule of rates, drawings, specification, etc.
Note :- Allow for additional copies required.
5 - Surety
Note :- 5% of Contract Sum
6 - Local and other authorities notices and fees.
Note :- The Contractor is to allow here for all fees, charges, rates and taxes
legally demandable
7 - Setting out works
Note :- ( i ) The Contractor shall set out the works and provide all
instruments and implements necessary for the purpose
( ii ) Allow for engaging an approved Licensed Surveyor.
( iii ) Establish permanent bench marks for the purpose of taking

levels and leave permanent pegs to approval.
( iv ) Any assistance given by the Engineer in setting out will not

relieve the Contractor of his responsibility to set out the work
correctly.
D/4
(v) Provide for notifying the Engineer when any excavation are
ready to receive foundations and the latter will not be laid
until the Engineer has signified his approval.
8 - Materials and workmanship to confirm to description
Note :- The Contractor shall be responsible for all defects of workmanship,

whether executed by his workmen or staff, or by the workmen or staff
of any Sub-Contractor, such errors or defects to be remedied to the
satisfaction of the Engineer by and at the cost of the Contractor.
9 - Inspection of work
10 - Approval by Engineer
11 - Supervisor
12 - Removal of Contractor’s employees
13 - Access for Engineer to works
Note :- Allow for any special ladders or scaffolding required for Engineer or
his representative
14 - Engineer’s representative
15 - Ascertainment of prices of Variations
Note :- The Engineer may in his absolute discretion omit any part of the
works from the Contract. No such omissions required by the
Engineer shall vitiate this contract. The prices in the schedule of rates
shall determine the valuation of items omitted. The Contractor will
not be entitled to any claims for loss of profit, etc. or increase in
prices for any remaining items of work carried out under conditions
substantially varied by such omissions.
16 - Quantities
Note :- The value of works or sums included in these documents which are
described as PROVISIONAL will be omitted from the Contract Sum
and the value of the re-measured work or cost of the item of
expenditure, assessed in accordance with the provisions of Condition
15, will be added in lieu in the settlement of the accounts.
17 - Unfixed materials
18 - Plant
19 - Defects after completion
20 - Assignment or Sub-letting
D/5
21 - Fair wages. etc.
22 - Days and times of work
23 - Extraordinary traffic
24 - Injury to person and property
25 - Insurance
Such insurance as are necessary to cover the liability of the Contractor or as

the case may be, of any such Sub-Contractor.
(a) (i) in the respect of personal injuries or death arising out of

or in the course of or by reason of the carrying out of the
works.
( ii ) in respect of injury or damage to property real or personal

arising out of or in the course of or by reason of the carrying
out of the works and cause by any negligence, omission or
default of the Contractor, his servants or agents or, as the case
may be, of any such Sub-Contractors, direct or indirect, and
their servants or agents.
For the above (i) and (ii), the Contractor shall allow for insurance for
RM25,000.00 for any one accident, the number of accidents being unlimited
within the period.
(b) in respect of Workmen’s Compensation Ordinance or Employees

Social Security Act, 1969 under the Social Security Scheme
(SOCSO)
The Contractor shall produce for inspection all the relevant insurance policy
or policies together with the receipts of payments made in respect of premium
paid under such policy or policies when required by the Engineer.
The Insurance Policy must be endorsed to state that the supervising staffs,
Architect, Engineer, Quantity Surveyor and all their Assistants and
representatives are considered as third parties.
Should the Contractor or any Sub-Contractor make default in insuring or in

continuing to insure as provided, the Employer may insure against any risk
with respect to which the default shall have occurred and may deduct a sum
equivalent to the amount paid in respect of premiums from any monies due or
to become due to the Contractor.
In the event of grating of extension of time by the Engineer or if the

Contractor fails to complete the works within the period allowed, all
insurance policies shall be renewed to the new extended time or anticipated
completion time.
D/6
All the insurances shall be extended to Defects Liability Period if the

Contractor is required to carry out any rectification works during that period.
26 - Dates for Possession and completion
Note:- The works shall be understood to be virtually completed on the

Day they are handed over to the Employer
27 - Programme of work
28 - Damages for non-completion
29 - Delay and extension of time
30 - Determination by Employer
31 - Nominated Sub-Contractors
32 - Nominated Sub-Contractors
33 - Provisional Sums
34 - Independent Contractors
35 - Certificates and payments
Note : (i) The Contractor shall submit all required details for the
Interim Certificate to the Engineer and Quantity Surveyor
signed by the Contractor showing the quantities and value of
the permanent work done on site and of unused materials on
site intended to form part of the permanent work. The rates
and prices in such statements shall be those inserted in the
priced Schedule of Rates in so far as such rates are
applicable.
(ii) Final completion and the act of making final payment of the
balance of the contract price shall in no way be interpreted as
complete exoneration of the Contractor from any defects that
may arise due to causes attributable to negligence of the
Contractor or inferior material or workmanship provided by
him.
(iii) Materials and goods shall mean materials and goods which
will be incorporated into the works excluding form work
materials.
(iv) No interest will be paid by the Employer on any sums o

money retained by him or on any sums of money claimed by
the Contractor on account of extra works.
36 - Recovery of sum due
D/7
37 - Employer’s Store
38 - Customs import duties
39 - Emergency powers
40 - War risks
41 - War damage
42 - Antiquities
43 - Arbitration
44 - Services of notices etc.
45 - Release or variation
The notes added under the headings of the various clause of the Conditions of
Contract shall be read in conjunction with the Conditions of Contract and shall form
part of the Said Conditions.
14. PERFORMANCE BOND
The Contractor shall, as a condition precedent to the commencement of any work under this
Contract, deposit with the Employer, a cash amount or an approved banker’s guarantee equal
to five percent (5%) of the Contract Sum as a Performance Bond and it is agreed that the
Employer may utilize and make payments out of or deductions from the said fund in
accordance with the terms of this Contract.
The Performance Bond shall be released on completion of the Work comprised in this
Contract and upon the issue of the Certificate of Practical Completion of the works.
15. WORKMEN’S COMPENSATION INSURANCE
The Contractor shall forthwith and as a condition precedents to the commencement of any
work under this contract take out at his own expense a policy or policies of insurance
indemnifying the Contractor and the Employer including for this purpose every officer and
department thereof from all liabilities arising out of claims by any and every workman
employed in and for the performance of this contract for payment of compensation under or by
virtue of the Workmen’s compensation Legislation or any other law amending or replacing
such Legislation and from all costs and expenses incident or consequential thereto.
The said policy or policies so taken out shall be deposited with the Architect and the
Contractor shall maintain it or them in full force and effect by payment of all premiums from
time to time on the first day on which the same ought to be paid and until the completion of
this contract and upon demand the Contractor shall produce to the Architect the last receipt for
payment of such premiums.
D/8
16. EXISTING ROADS AND PATHS
Maintenance public and private roads, footpaths, culverts, kerbs, earth banks, etc. and keep the
approaches to the site clear of mud and debris. The Contractor is to make good and damage
caused by his own or any Sub-Contractors’ or Suppliers’ transport at his own expense or pay
all costs and charges in connection therewith.
Contractors shall arrange for the conveyance of materials, plant, etc. so as to cause a minimum
of damage to existing roads and culverts. The Contractor shall be responsible for any
damaged caused by his plant or workmen to any existing roads, culverts, etc. from whatsoever
cause arising and shall maintain, repair and reinstate same to their original condition to the
satisfaction of the Architect or alternatively shall bear the cost of such maintenance and
restoration as a deduction from any money due or to become due the contractor under this
Contract.
He must comply with the requirements of the Architect as to the routes to be traversed and the
limitations of weights, speeds and class of vehicles.
17. PROTECTION OF PUBLIC AND PRIVATE SERVICES
Protect, uphold and maintain all pipes, ducts, sewers, service mains, overhead cables, etc. unless
earmarked for demolition, during the execution of the works. The Contractor is to make goof
any damaged due to any cause within his control at his own expense or pay any costs and
charges in connection therewith. In cases where the services are to be temporarily terminated or
diverted the Contractor is to give the necessary notice to the appropriate Authority and arrange
for the work to be carried out and pay all costs and charges in connection therewith.
18. PROTECTION OF THE WORKS AND ADJOINING PROPERTIES, ANTI-

POLLUTION MEASURES
The Contractor shall provide all things necessary for the protection of the works and all unfixed
materials and goods delivered upon the Site of the works, whether delivered by the Contractor or
the Employer for use upon the works, and the Contractor shall assume full responsibility for or
any cost and damage sustained to the foregoing from whatever cause arising.
The Contractor shall provide for covering up and protecting the works from the weather and for
suspending all operations during weather conditions which in the Architect’s opinion many be
detrimental to the Works.
The Contractor shall carry out the Works in such a manner so as to avoid causing damage to
adjoining, adjacent and subjacent properties. He shall be liable for and must indemnify the
Employer in respect of any claim or proceedings arising out of neglect in taking reasonable care
to avoid damage to adjoining properties when carrying out the Works,
The Contractor shall make adequate provision by spraying, hosing erecting screens, including
vertical mesh screens on elevations, or other suitable methods as directed by the Architect or
required by the Authorities against any nuisance or damage by dust or other pollution for work
under this Contract and to persons or properties in the vicinity, and he will be held solely
responsible for any complaint, damage or claim in this connection.
D/9
The Contractor shall maintain, and keep all drains, steams and waterways free from mud, silt
and any other obstructions and make good where necessary.
The Contractor shall take such precautionary measures he considers necessary to ensure the
safety of the public and others who may be on or near to the site as he will be held responsible
for all accidents arising from his negligence to provide adequate safeguards.
19. UNDERGROUND SERVICES
Before commencing any excavations for the purpose of carrying out work under this Contract,
the Contractor or his representative shall accompany the Architect on a site inspectional order to
consider any circumstances which may indicate the presence of underground cables, water or
other service pipes at or in the vicinity of such excavations. Thereafter the Contractor shall
carry out the excavations in such manner and sequence as the Architect directs. If during
excavations the Contractor’s workmen uncover any cables, water or other service pipes, work
shall be stopped immediately and shall not be again started until the matter has been reported to
the Architect who will issue whatever directions he deems appropriate.
20. DISCONNECTING EXISTING SERVICES
Before commencing work, all existing service which may be affected by the works shall be
disconnected and permanently sealed off to the full satisfaction of the responsible Authorities
and at the Contractor’s expenses.
21. TRAFFIC SAFETY PROVISIONS
The contractor is to provide, maintain and remove on completion, all necessary temporary traffic
guard rails, fences, signs, watching, lighting, etc. for safety purposes all as directed by the
Architect or required by the Traffic Control Authorities.
22. FOULING OF DRAINS/RIVER
The Contractor shall take such measures as the Architect may require to prevent the entry of oils
or other deleterious materials from the works into any existing drainage system, river or natural
watercourse. Nevertheless, should any drainage system, river or watercourse be fouled by such
materials the contractor shall clean the drainage system, river or watercourse at his own expense
to the satisfaction of the Architect.
23. SITE OFFICE, CONTRACTOR’S STORAGE, WELFARE AND OFFICE

ACCOMMODATION
The contractor shall erect and maintain on the site in positions directed by the Architect,
adequate, secure and watertight temporary buildings for use during the execution of this contract
to the satisfaction of the Architect :-
a) Construct within two (2) weeks of signing of this contract, maintain and dismantle
on completion of the work a temporary but fully equipped site office and site
accommodation of approved design and size at location to be designated by the
Architect including all necessary site office equipment such as desks and facilities,
accommodation facilities for the Supervising Officer(s), other furniture and office
telephone , fax machine, fixed telephone and fax lines and pay all charges.
D/10
The contractor is also to provide sufficient first aid equipment.
b) Provide and maintain temporary office and canteen for the contractor’s staff and
watertight sheds for the storage of the materials, plant, tools and tackle and for the
use of workmen on site. Cement stores to have floors raised at 300mm above
ground level. Alter, shift and adapt all temporary structures from time to time as
necessary and remove same on completion.
c) Accommodation for workmen and the workmen of Sub-Contractors is to be

provided where required and in compliance with the Local Authorities’
requirements. Alter, shift and adapt all temporary structures from time to time as
necessary and remove same on completion.
No other temporary structure, other than those described above and elsewhere in this Contract,
are allowed to be erected within the confines of the sites. Any such structure erected on the
sites shall be removed immediately at the Contractor’s expenses.
Make good all areas disturbed including reinstatement to original condition after removal of
temporary buildings.
24. ACCESS FOR INSPECTION
The Contractor shall provide at all times during the execution of the works proper means of
access with ladders, gangways etc. and the necessary attendance to move and adapt the same
as directed, for the inspection or measurement of the works by the Architect, Engineer,
Quantity Surveyors, or their representatives.
The Contractor shall afford to all authorized persons inspecting the works in progress al
necessary safety precautions, and if in the opinion of the Architect the safety measures
provided are inadequate, inspections shall be suspended until such time as the Contractor has
compiled with the directions of the Architect.
The Contractor shall allow for access for inspection of the Works which will be carried out by
the Architect from the Local District Council and any other Authorities that may have
jurisdiction over the works, from time to time.
25. MATERIALS AND GOODS
Materials, goods and workmanship shall be of the best quality of their respective kinds, and
those for which there is a British Standard shall comply therewith unless otherwise stated.
Preambles and description of goods and workmanship given in any one section or trade shall
apply throughout this specification unless otherwise described.
Materials of Malaysian origin shall be used where available and to be of type and quality
equal to that specified.
Prior to the submission of the Tender, the Contractor shall be deemed to have ascertained the
availability of all materials as specified in the Contract documents and immediately upon
notification of acceptance of the tender and at the earliest possible date or at such time as the
Contractor deems appropriate, he shall place his orders for such materials as specified, in
order that such materials are readily available on site such whatsoever for loss of expenses
and/or extension of time hall be entertained for failure to observe the above Clause.
D/11
If the Contractor fails for any reason to supply and materials which he had contracted to
supply or if he fails to supply any such materials insufficient time to enable the Contract to be
completed by the agreed date for completion, then in either event, the Employer may supply
any portion or all, of such materials on behalf of the Contractor. If the Employer supplies
such materials on behalf of the Contractor, the cost in respect thereof to be borne by the
Contractor shall be either the current market prices or the actual cost incurred at the date of
supply, whichever is the greater, plus any other charges, overhead and profit to the employer.
The cost to be borne by the Contractor as above detailed shall be deducted from money due or
to become due to the Contractor under this Contract and the Contract Sum shall be adjusted
accordingly provided that any variation order issued by the virtue of this clause shall not be
taken into account when computing the final amount of this Contract on which the Retention
Fund is based. No action by the Architect under this clause shall be deemed in any way to
affect or modify the right of the employer to a claim for damages in the event of the
Contractor’s failure to complete the Works by the agreed date for completion.
Where specified goods or materials are not available or out-of-stock or are anticipated to cause
delays to the works, the Contractor shall notify the Architect in writing, who may then issue
written instructions to the Contractor for alternative goods or materials to be used.
Alternative goods or materials may be considered for acceptance provided always that they
comply in all respects as regards appearance, quality and performance, specification and are
approved in writing by the Architect.
26. WORKMANSHIP
All workmanship related to the permanent work shall be skilled. The standard of
workmanship shall be at least equal to the best obtainable locally.
27. STATUTORY OR SIMILAR CHARGES
The Contractor shall pay for all charges in connection with this Contract which the Authorities
have the power to enforce.
28. CONTRACTORS SITE STAFF
The Contractor shall give or provide all necessary superintendence during the execution of the
Works and as long thereafter as the Architect may consider necessary for the proper fulfilling
of the Contractor’s obligations under the Contract. The Contractor, or a competent and
authorized agent or representative approved of in writing by the Architect, which approval
may at any time be withdrawn, is to be constantly on the Works and shall give his whole time
to the superintendence of the same.
29. FAIR WAGES
If established industrial rates and conditions of employment (as hereinafter defined) exist in
the district in which this Contract is to be performed, the Contractor will in respect of all
workmen employed by him in and for the performance of this Contract pay rates of wages and
observe conditions of employment no less favourable than such established industrial rates
and conditions of employment.
D/12
If no established industrial rates and conditions exist in the mid district the Contractor will in
respect of the said workmen, pay rate of wages and observe conditions of employment no less
favourable than the established industrial rates and conditions existing in other similar
circumstances.
In the absence of any established industrial rates and conditions the Contractor will in respect
of the said workmen, pay rates of wages and observe conditions of employment no less
favourable than those established for Government employees engaged in similar trade or
occupations.
30. DAYWORK
Day work rates shall only be used as a basis for payment when normal rates for supply and fix
are not applicable. No work shall be carried out on Day work basis except when ordered in
writing by the Architect.
The Contractor shall produce for verification to the Architect vouchers specifying the time and
materials employed on the work. If required, the Contractor shall also produce his receipted
bills and wages books in support of his accounts.
All Day work sheets are to be serially numbered and shall state the date and time against each
worker, and shall include details of the plant and equipment used on the job.
31. SITE INSTRUCTION
The Contractor shall enter all site instructions given to him or his representatives by the
Architect in a diary, recording a proper description of such instructions, and shall obtain
against each entry the initials of the Clerk-of-Works on the day which such instruction(s) is
given.
The Contractor shall allow the said diary to be inspected at all reasonable times when required
by the Architect.
The Clerk-of-Works and/or the Architect’s representative will be empowered to suspend any
work, if such work is not, in his (their) opinion, in accordance with the Contract Drawings,
Specification and site Instructions, but on such suspension to inform the Architect
immediately.
32. INSTRUMENTS
The Contractor to have available on site at all times accurate surveying instruments that are
required for checking of the Works. The instruments are to be maintained in a satisfactory
condition throughout the duration of the Contract and for so long thereafter as the Architect
may require.
D/13
33. FIRE EXTINGUISHERS DURING CONSTRUCTION
The Contractor shall provide approved type temporary portable fire extinguishers to be fixed
at locations to be decided by the Architect and are not be removed unless instructed by him.
The extinguishers are to be fully charge and ready for instant use at all times and shall remain
the property of the Contractor.
34. MOSQUITO PREVENTION
All excavation and portion of the Site where water stagnates or accumulates will be kept dry
by pumping, baling or other operations.
35. ADVERTISEMENT
The Contractor, Sub-Contractors and Suppliers shall not, without the written consent of the
Employer exhibit or publicly advertise in any newspaper or periodical anything that contains
reference to this project.
36. WATER
The Contractor shall provide all necessary clean, fresh water fit for drinking, for use on the
Works, including Nominated Sub-Contracts. Provide all temporary connections, pipes,
fittings, storage tanks, meters, etc. and clear away and make good on completion and pay all
costs and charges in connection therewith.
37 LIGHTING AND POWER
Provide all necessary artificial lighting and power use on the works, including Nominated
Sub-Contracts.
Provide all temporary cables, mains, sub-mains, wiring, fittings, metering, etc. for the above,
clear away and make good on completion and pay all costs and charges in connection
therewith.
38. TEMPORARY HOARDING AND GANTRIES
Provide and maintain all necessary temporary fencing, hoardings, fans, planked footways,
guard rails, gantries and the like painted to Architect’s approval for the proper execution of the
Works, for the protection of the Public and for meeting requirements for any Local Authority;
alter, shift and adapt from time to time as necessary and clear away on completion and pay all
costs and charges in connection therewith.
No advertisements will be permitted on hoardings unless approved by the Architect.
D/14
39. PREVENTION OF NUISANCE
Provide for taking reasonable precautions to prevent workmen including those employed by
Sub-Contractors from trespassing on adjoining owner’s property and the Contractor shall
indemnify the Employer against any damages arising from nuisance of any kind.
40. SCAFFOLDING
Provide and maintain all necessary temporary scaffolding together with planks, battens, cat-
walks, gangways, ladders, etc. and provide special staging where required in positions of
unusual height or construction for the proper execution and completion of the works and pay
all costs and charges in connection therewith.
If the Contractor should strike any of his scaffolding before ascertaining whether it is required
by any Sub-Contractor or Local Authority, he must re-erect, if so required, at his own
expenses.
41. SAFETY MEASURES FOR PROTECTION OF WORKMEN
The Contractor shall provide and enforce all safety measures as stipulated by all relevant
safety-at-work legislation and regulations.
The Contractor is to serve all notices required by such legislation and regulations, not later
than seven (7) days before commencement of work.
42. CUSTOMS RESTRICTIONS AND DUTIES
The Contractor shall thoroughly acquaint himself with the details of all customs restrictions,
quotas and duties and shall be deemed to have allowed in his prices for all such financial
contingencies as he may incur.
43. MATERIALS TESTS
Allow for all expenses and fees for testing of materials, which the Architect may direct the
Contractor to carry out in accordance with the Conditions of Contract.
44. SAMPLES
Samples of proposed materials and workmanship shall if required by the Architect by

submitted for approval. These samples shall be kept by the Architect who shall have power to
reject all such materials and condemn such workmanship that do not correspond with the
approved samples.
D/15
45. MANUFACTURER’S WARRANTIES, ETC.
On any material or goods supplied under this Contract where a warranty or guarantee is given
by the Manufacturer, the Contractor shall secure such warranty or guarantee in favour of the
Employer.
46. PLANT
Provide all necessary constructional plant and equipment for the proper execution of the works
such as: -
(a) Mechanical plant and vehicles

(b) Non-mechanical plant
47. SITE SECURITY
Safeguard the works, materials and plant against damage or theft, including all necessary
watching and lighting by day or by night for the security of the works. The Contractor shall
be solely responsible for the safety of all goods materials, fixed or unfixed, including that of
suppliers and Nominated Sub-Contractors.
48. SPECIALISTS EMPLOYED BY EMPLOYER
In the event of any Specialist firm or firms being employed by the Employer under Direct
Contracts, the Contractor shall provide attendance upon such Specialists in the same way as
though they are Nominated Sub-Contractors to this Contract and would be required in addition
to co-ordinate their work to ensure that the overall building programme is met.
49. WEEKLY REPORTS
The Contractor shall allow for preparing and submitting to the Architect, weekly reports on
the weather conditions, number of workmen employed, quantity and type of plant in use,
detailed records of materials tested and generally the progress and conditions of the Contract.
50. EMPLOYER’S FIXTURES
The Contractor shall permit and provide all facilities to the Employer to enter upon and install
fixtures and equipment in the building and site during the construction of the works. No
claims will be entertained in respect of any inconvenience cause to the Contractor in this
regard.
51. REMOVAL OF RUBBISH
Provide for removing all rubbish and superfluous materials form the site both as it
accumulates from day to day and at completion. The Contractors shall also remove all his
Nominated Sub-contractors’ rubbish and the rubbish of other Specialist Contractors under
direct contract with Employer.
D/16
52. CLEANING PRIOR TO HANDING OVER
Provide for easing doors, and windows, oiling ironmongery, handing over keys and cleaning
the building inside and outside including washing and scrubbing floors, cleaning out gutters
and channels and sanitary fittings, removing dirt from glass, removing stains and touching up
paint work and polished work and leaving the whole of the works clean and tidy to the
complete satisfaction of the Architect on completion. Clear the site of temporary works and
plant and leave the site clear and unencumbered.
53. SITE MEETINGS
The Contractor and his foreman shall be required to attend all site meetings called by the
Architect and shall arrange for the attendance at the appropriate times of the senior
representatives of all Sub-Contractors and Suppliers, Nominated or otherwise.
54. PROGRESS PHOTOGRAPHS
Provide two dated sets of progress photographs of the works comprising 125mm x 175mm
colour prints each showing views of the work site from ten fixed points every 3 weeks during
the currency of the contract.
55. CONSTRUCTION INDUSTRY DEVELOPMENT BOARD (CIDB)
The Contractor shall comply with all statutory and other requirements of the Construction
Industry Development Board (CIDB), Malaysia in respect of green card registration, payment
of fees, levy, etc. The Contractor shall be solely responsible for such compliance and shall
indemnify the Employer in the event of this failure to comply accordingly. Allow herein for
all fees, levies, etc. as required.
D/17
SECTION D – QUOTATION DRAWING LIST
PROPOSED REPAIR WORKS TO MEDAN NIAGA SEDC SRI AMAN AT LOT 2010 AND PART OF
LOT 1523, 95000 SRI AMAN, SARAWAK
NO DRAWING TITLE DRAWING NO. PAGE
1.0 Cover Page -
2.0 Site Locality Plan Repair Work - SRI AMAN BP/1 1/5
- Sinkhole
- Pylon Position
3.0 Roof Plan Repair Work - SRI AMAN BP/1 1/2
4.0 Ceiling and Floor Tile repair works Repair Work - SRI AMAN BP/1 1/3
at Ground Floor
5.0 Ceiling and Floor Tile repair works Repair Work - SRI AMAN BP/1 1/4
at Ground Floor
6.0 Pylon Signage Repair Work - SRI AMAN BP/1 1/5
D/1
SECTION E :
 FINANCIAL BACKGROUND
BIDDER ORGANISATION
 PARTICULAR OF BIDDER
ORGANISATION
SECTION E – FINANCIAL BACKGROUND OF BIDDER’S ORGANISATION
FINANCIAL INFORMATION
No. Financial Details Amount

1. Average of the positive balance of the latest three (3)
months bank statement
(Please submit the latest three (3) months bank statement
certified by the Bank / Financial Institution to be attached)
1. March 2022 RM
2. February 2022 RM
3. January 2022 RM
2. Fixed deposit (if any, Letter from the Bank to be attached) RM
3. Balance of Credit Lines (if any, Letter from the Bank to be RM

attached)
4. Additional Credit Lines (if any, Letter from the Bank to be RM

attached)
Total: RM
I, the undersigned hereby confirmed the above information are true and correct.
…………………………………….......................
(Signature)
Signatory’s Name :
Identity Card Number :
Company’s Stamp :
Date :
E/1
SECTION E – PARTICULARS OF BIDDER’S ORGANISATION
BIDDER’S PARTICULARS
1.0 Details of Company / Firm

1.1 Name of Company / Firm :
1.2 Address :
1.3 Telephone No. : Fax No. :
1.4 Nature of Company / Firm’s :

business
(Please state and attach
Company’s / Firm’s Trade
License)
2.0 Particulars of Company’s / Firm’s Shareholders and Directors
2.1 Name of Shareholders & Equity Name Equity (RM / %)
(Please attach Form 24 for Sdn
Bhd / Extract of Business Name 1.
for Sole Proprietor / Partnership)
2.
2.2 Name of Directors Name Equity (RM / %)

(For Sdn Bhd / Bhd only)
(Please attach Form 49 for Sdn 1.
Bhd and Bhd)
2.
3.0 Company’s / Firm’s Financial Details

3.1 Amount of Paid-Up Capital : RM
3.2 Amount of Overdraft / Credit : RM

Facilities, if any
3.3 Amount of Fixed Deposit, if any : RM
4.0 Company’s / Firm’s Registration Details

4.1 Unit Pendaftaran Kontraktor dan Perunding (UPKJ)
(a) Registration Ref. No.:

(b) Expiry Date:
(c) Bumiputera Status: Yes No
If Yes, Expiry Date:
4.2 Lembaga Pembangunan Industri Pembinaan Malaysia (CIDB)

(a) Registration Ref. No.:
(b) Expiry Date:
E/1
5.0 Shareholder’s / Director’s / Management’s Experience

5.1 Shareholder’s / Director’s Experiences
Position held in the
No. Name Qualification Experiences
Company
5.2 Management’s Experiences

No. Name Position Qualifications Experiences
LIST OF SUPPLIER’S / CONTRACTOR’S EXPERIENCE RECORD [For past two (2) years]
Value of Contract Date of Completion EOT

No. Project Description Client
Contract (RM) Period Contract Actual (if any)
E/2
LIST OF ONGOING CONTRACTS
Percentage (%)
Value of Date of Date of
No. Project Description Client Value of Work
Contract (RM) Commencement Completion
Done to Date
LIST OF PLANTS AND EQUIPMENT
The Tenderer is required to state below the particulars of the Plants and Equipment proposed to be used for the Supply /
Services / Works
Total no. to
Description of Plant and Year of
No. Model Capacity be used for Owned or Hired
Equipment Purchase
this Project
E/3
LIST OF TECHNICAL STAFF
The Tenderer is required to state below the particulars of Supervisory Personnel he intends to employ for this Supply /
Services / Works
No. Name / I.C No. Age Position and Qualification Past Experience
I, the undersigned hereby confirmed the above information are true and correct.
…………………………………….......................
(Signature)
Signatory’s Name :
Identity Card Number :
Company’s Stamp :
Date :
E/4
SECTION F :
BILL OF QUANTITY
 SUMMARY OF QUOTATION
PROPOSED EHANCEMENT WORKS TO THE 1ST FLOOR MEDAN NIAGA SRI AMAN AT LOT 2010 AND PART OF LOT 1523, SRI
AMAN. (PACKAGE : AIR CONDITIONING AND ASSOCIATED WORKS)
ITEM DESCRIPTION UNIT QTY RATE AMOUNT

(RM) (RM)
A PRELIMINARIES
A1 Insurance
A1.1 Public Liability Insurance LS _______________
A1.2 Work Insurance LS _______________
A1.3 Social Security Act (SOCSO) and/or - -
A1.4 Workmen's Compensation LS _______________
A2 Site cleaning and clearing up (including removal of LS

debris) _______________
A3 Monthly progress report LS _______________
A4 Others (Please Specify)
a)…………………………………………………..
b)…………………………………………………..
c)…………………………………………………..
d)……………………………………………………
Page 1 of 4

(RM) (RM)
Note* :-
All Work shall include all the protective measures to
protect water-sensitive/dust fittings/fixtures when
carrying out the work.
B External Works
B.1 Sinkhole
Supply and refill sinking hole with 2" crushed stone
and sand at near by grease sum pit complete with LS _______________
compacting work. Approximate: 0.5m³
B..2 R.C gutter

B.2.1 Cleaning, clear all debris and vegetation to the existing
RC gutter including test blockage rain water downpipe
M 97 _____________ _______________
complete with scrapping, water jet and other necessary
preparation works.
B.3.2 To applying approved selected waterproofing to RC

gutter complete with other necessary preparation M 97 _____________ _______________
works.
C Building Works
C.1 Sewerage pipe

To investigate and repair source of leakages existing
sewerage pipe leakages at Ground and 1st Floor male
& female toilet area complete with cutting work, pipe LS _______________
accessories and other associated work.
C.2 Ceiling
C.2.1 Dismantling and cart away the existing ceiling and
frame at toilet 1st floor and Ground floor m² 24 _____________ _______________
C.2.2 Supply and construct new 9mm thk gypsum flat plaster
board ceiling complete with aluminium false ceiling
frame, provide ceiling inspection hatch, painting work
and all necessary accessories/works.
Toilet 1st Floor m² 12 _____________ _______________
Ground Floor m² 12 _____________ _______________
C.2.3 Repair damage gypsum ceiling board at 1st Floor

common area m² 1 _____________ _______________
C.3 Carry out the service and maintenance works to the

existing roller shutter at 1st Floor complete with all
necessary accessories/works. No 12 _____________ _______________
C.4 Toilet Door

Supply and install 600mm x 2500mm single leaf PVC
DOOR including timber frame c/w lock set and
no 4 _____________ _______________
accessories at Ground & 1st Floor Toilet. (Actual
measurement to be confirm by contractor)
SOQ 2 of 4

(RM) (RM)
C.5 Supply and install plastic toilet seat with cover
complete with necessary accessories at Ground floor
toilet. No 2 _____________ _______________
C.6 Floor Finishes

C.6.1 Cart away and hacking to the damage/affected existing
600mm x 600mm Homogeneous Floor Tiles to flowing
area.
Food Court area, Ground floor m² 12 _____________ _______________
Five foot way, Ground floor m² 14 _____________ _______________
1st Floor m² 45 _____________ _______________
C.6.2 Supply and lay 600mm x 600mm non-slip

Homogeneous Floor Tiles as per existing including
mortar screed.
Food Court area, Ground floor m² 12 _____________ _______________
Five foot way, Ground floor m² 15 _____________ _______________
1st Floor m² 45 _____________ _______________
C.6.3 Supply and lay new approved step nosing non slip tiles
including hacking works, apply mortar screed and
complete with other necessary accessories/works at _____________
Food Court area, Ground Floor.
Meter 19 _______________
C.6.4 Cart away, supply and lay new 2pcs of 260mm x

600mm self embossed grooves non slip tiles as per
existing complete with all necessary accessories/works
at staircase LS _______________
C.6.5 Sanitary plumbing services.

To carry out the cleaning and flushing to all sanitary
pipe system and toilet waste water at 1st floor (stall,
washing basin, toilet. Etc.) LS _______________
D.7 Supply and install casement window handle/lock set as

per existing No 7 _____________ _______________
E M&E works
E.1 Supply and install new 48" ceiling fan unit complete
with 5 speed fan regulator and other associated
accessories. No 2 _____________ _______________
E.2 Supply and install New 3-speed 16" Wall Fan at Food
Stall No.7,11 &12 complete with testing &
commissioning and associated accessories. No 3 _____________ _______________
SOQ 3 of 4

(RM) (RM)
E.3 Cooking hood exhaust fan
Trouble shoot and repair/replace to the faulty existing
single phase exhaust fan complete with testing and
commissioning, necessary works and other associated
accessories. No 2 _____________ _______________
E.4 Provide labour and carry out the cleaning work to the
existing cooking system/ducting complete with all
necessary works, protection and grease remover. No 6 _____________ _______________
G Pylon Signage
G.1 Supply, deliver and install 4000mm(H) x 1080mm(D)

Illuminated Pylon double side signage as per follow
requirement below:- 1 NO _____________ _______________
Prepare formation for foundation detailing and

specification to manufacture's detail including reinforce
concrete plinth and others related Works.
Metal main structure, Aluminum Composite Panel

(ACP) and translucent acrylic complete with all
associated accessories to manufacture's detail.
Double sided printed colour, 3D text "MEDAN NIAGA

SRI AMAN' using acrylic/sticker, printed UV logo and
background.
Sufficient luminaries light using LED lighting fitting as

per Client desire.
G.2 Electrical Works
To tap off supply for pylon signage from the nearest

distribution board (DB) complete with new MCB, auto
ON/OFF timer (self built-in battery), wired 6mm2 Cu
PVC cable in UPVC high impact conduit/HDPE pipe
1 NO _____________ _______________
road crossing, making good affected road cutting, all
associated accessories and testing & commissioning.
Wiring shall be running on surface/concealed.
H.2 Allow rent skylift mobile for cleaning and waterproof RC

gutter. LS _______________
TO BE CARRIED FORWARD TO FORM OF QUOTATION PAGE A/1 _______________
SOQ 4 of 4

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PERBADANAN PEMBANGUNAN EKONOMI SARAWAK

(SARAWAK ECONOMIC DEVELOPMENT CORPORATION)

QUOTATION NO. PPES: Q/05/2022

PROPOSED REPAIR WORKS TO MEDAN NIAGA

1. THE BIDDER IS REQUIRED TO FILL IN

2. SITE BRIEFING WHICH WILL BE HELD

 DECLARATION OF BONA FIDE

The above mentioned Quotation is referred.

Date this…………………..day of…………. (month/year)

Signatory’s Name : ………………………………. Signatory’s Name ……………………………………..

Identity Card No. : ……………………………….. Identity Card No: ……………………………………….

In the capacity of : ………………………………. Date : ………………………………………..................

DECLARATION OF BONA FIDE COMPETITIVE TENDER/QUOTATION

Quotation No.: PPES: Q/05/2022

We/I also agree to adhere to and be bound by:-

Date ……………….. Signed ………………………………………………………

Note: i) *Delete whichever not applicable

SUBJECT: LETTER OF AUTHORISATION

I hereby declare that the person mentioned below is the authorised

Quotation No. : PPES: Q/05/2022

GENERAL CONDITION AND

 SPECIAL CONDITIONS AGAINST

 PERSONAL DATA PROTECTION

 THE TERMS AND CONDITIONS

For Agreements with Third Party Service Providers / Consultant /

1. The Consultant/Contractor shall comply and have adequate measures in place

2. The Consultant/Contractor shall only undertake processing of personal data

3. Nothing in this Agreement shall oblige the Corporation to disclose any

4. Any information and data provided by the Corporation to the

5. The Consultant/Contractor shall put in place and undertake to maintain during

5.1 Appropriate technical and organisational security measures and

5.2 Adequate security programmes and processes to ensure that

6. In the event of termination of this Agreement and/or completion of the

7. Upon the Corporation’s request, the Consultant/Contractor shall permit any

9. The Consultant/Contractor shall indemnify and keep the Corporation

9.1 A breach by the Consultant/Contractor of this personal data protection

9.2 A claim that the Corporation is in breach of the Corporation’s

THE TERMS AND CONDITIONS

1.4 A contractor’s registration shall be suspended without prejudice to the right of

2.1 Quotation forms are available at

Human Resources and or Pejabat PIBU Sri Aman (SEDC),

upon payment in cash of :-

(i) non-refundable and deemed reasonable quotation document fee of

 Declaration of bona fide/competitive quotation

on or before 12:00 noon on 19 April 2022 (Tuesday).

4. Inspection before submitting quotation

5. Communication and Acceptance of Offer

7. Penalty for Delay

8. Responsibility of the successful Contractor

 JKR FORM OF CONTRACT

 AMENDMENT TO JKR SARAWAK

 APPENDIX TO JKR SARAWAK

JKR Sarawak Form of Contract

DEFINITIONS AND GENERAL

JKR Sarawak Form of Contract

EXECUTION OF THE WORKS

JKR Sarawak Form of Contract

PAYMENTS, COMPLETION AND

JKR Sarawak Form of Contract

DELAY, DISPUTE RESOLUTION AND

JKR Sarawak Form of Contract

JKR Sarawak Form of Contract

JKR Sarawak Form of Contract

(I) DEFINITIONS AND GENERAL