Document B 05

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posted:: 9/12/2012
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Contract No: ……………………………………………….of 20……………….
For the supply and delivery of the under-mentioned Equipment and Plant entered
into on the …………. day of …….........………... 2004 by the undersigned parties,
refers to the following documents which are and shall be read construed as part of
the said Contract:-

………………………………………….. …………………………………………..
Signature of Contractor Signature of Officer
………………………………………….. …………………………………………..
( Name in full ) ( Name in full )
I.C No: ………………………………… Designation …………………………….
or and on behalf of the GOVERNMENT
In the capacity of

………………………….......................
Duly authorised to sign for and on behalf
of

…………………………………………..
Contractor’s Seal or Chop

………………………………………….. …………………………………………..
Signature of Witness Signature of Witness
………………………………………….. …………………………………………..
( Name in full ) ( Name in full )
I.C No: ..................................................... Designation: ............................................
Occupation: ......………..................….... Address: ...……………………………..
Address: .................................................. .................................................................
................................................................. …………………………………………..

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GOVERNMENT OF MALAYSIA

DEPARTMENT OF IRRIGATION AND DRAINAGE

Form of Tender
( Tender for the Supply and Delivery of Engineering Equipment and Plant )

Tender for: ………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………

in accordance with Drawings No. ...............................................................................
…………………………....……………………………. and Specification supplied.

Copies of the Tender Table Documents comprising the Conditions of Contract, the
above mentioned Drawings and Specification and other tender documents may be
inspected at the place specified in the Tender Notice during office hours on any
working day until the final date fixed for the submission of tenders.

Ketua Pengarah,
Jabatan Pengairan dan Saliran Malaysia,
Jalan Sultan Salahuddin,
50626 Kuala Lumpur.

Sir,

Under and subject to the Conditions of Tendering annexed hereto, the undersigned
does hereby tender and offer to supply and deliver everything of every kind
respectively named, shown, described and alluded to, in, or to be inferred from, the
tender Documents, to be supplied and delivered on the part of the Contractor, as
above described, in conformity with the Tender Documents for the various rate set
down by the undersigned, in the Schedule of Prices returned along with this Tender.

2. The undersigned agrees to be bound by and submit to the Conditions of Contract
and Specification and Schedule of Prices and agrees that the prices therein shall
form a basis for the valuation of payments for individual item or items of
supplies which may from time to time be ordered by the Superintending Officer.

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3. And further the undersigned agrees to complete delivery within one (1) months
from the date of acceptance of tender or within such extended time as by the
Conditions of Contract provided. ” The total amount of the Tender is Lump
Sum of Ringgit Malaysia:

Ex Stock : RM…………………………….
Or
PAK/FOB : RM…………………………….

4. Whereas it is understood that the Government reserves the right to accept or to
refuse this tender, the undersigned agrees that this tender shall remain valid and
shall not be withdrawn within ninety (90) days from the final date for
submission of tenders and agrees that no other term, condition or stipulation
shall be imposed by the undersigned after the said date

5. And further, the undersigned agrees in the event of acceptance of this Tender to
deposit with the Government the Performance Bond stipulated in Clause 16(a) of
the Conditions of Contract and to execute the formal contract agreement as soon
as it is ready to be signed.

6. The undersigned confirms, after personal scrutiny that the documents used by
the undersigned in compiling this tender are true copies of the documents
included in the Tender Table Documents.

7. The undersigned agrees that in the event of acceptance of this Tender, this Form
of Tender together with the Letter of Acceptance of this Tender shall constitute a
binding contract between the Government and the undersigned, notwithstanding
that a formal Contract Agreement has not been executed.

8. The undersigned agrees that;

a) If this Tender is withdrawn before the expiry of the Tender Validity Period
or any extended period thereof, or

b) If the undersigned imposes any additional term, condition or stipulation to
the Tender after the final date fixed for the submission of tenders, or

c) In the event that the Tender having been accepted the undersigned refuses or
fails to execute the formal Contract Agreement or to deposit the Performance
Bond as required by the Conditions of Contract or fails to proceed with the
supply and delivery of the Equipment and Plant.

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Then in any of such events, without prejudice to any other rights or may posses,
the Government reserves the right to take disciplinary action against the
undersigned or to cancel the registration of the undersigned as a Government
Contractor as the Government deems fit.

Dated this ………………….. day of ………............……. of the year 20 ………..

………………………………………… ………………………………………….
Signature of Tenderer Signature of Witness

Name in full: ...............…………...…..... Name in full: ...........................................
................................................................... …………………………….....................
I.C. No: .................................................... I.C. No: .................................................
In the capacity of Occupation: ….….….…………………
…………………………………………. ………………….….….……………….
Duly authorised to sign for and behalf of Address: ……..………………………..
…………………………………………
…………………………………………
…………......………………………….

………………………………………….
Tenderer’s Seal or Chop

Address: ………………………………….
……………………………………………
……………………………………………
……………………………………………

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Conditions of Tendering

1. The whole or any individual item or items of Equipment and Plant set forth in
the Tender Documents will be let on Contract subject to the Conditions of
Contract.

2. In this Conditions, unless the context otherwise requires Tenderer means the
persons putting up the tender, Successful Tenderer shall mean the tenderer
whose tender has been approved and accepted by the Government.

3. Each tenderer must submit the Tender Documents enclosed and sealed in an
envelope marked and addressed stipulated in Item 8 of Document A with the
following duly completed:

(a) The Form of Tender
(b) The following documents duly completed in duplicate for each item
tendered
(i) The Schedule of Prices ( Doc. G )
(ii) The Schedule of Technical Information ( Doc. J )
(iii) Technical Specification ( Doc. F)
(iv) Document H1 ( Particulars of Tenderer, Part 1 )
(v) Document H2 ( Particulars of Tenderer, Part 2 )

(c) The following Appendices prepared by the tenderer in duplicate for each
item tendered
(i) Appendix I – Manufacturer’s Specification:
All necessary particulars of manufacture’s specification in
amplification of the information given in the Schedule of
Technical Data ( Appendix ‘C’) must be given together with any
necessary explanatory drawings.
(ii) Appendix II – Manufacturer’s Guarantee or Warranty Conditions:
The full guarantee or warranty conditions of the manufacturer’s
must be given.
(iii) Appendix III – Retail Price List for Spare Parts:
A comprehensive retail price list for spare parts of each type
equipment or plant offered must be given. The price discount, if
any, for future supply of spare parts to the Government must also
be stated.

4. Tenders must be submitted on the formal Tender Documents provided. Tenders
which are not submitted on the formal Tender Documents provided and in the
manner specified therein will not be considered. Any Form of Tender which is
incomplete or unsigned shall be disqualified.

5. It shall be the sole responsibility of the tenderer to scrutinize the Tender
Documents supplied to him and satisfy himself that they are exact copies of
those included in the Tender Table Documents. In the event of any difference or
discrepancy being found between any such Tender Documents supplied to him
and those in the Tender Table Documents or between any documents included

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therein, it shall be the sole responsibility of the tenderer to apply in writing to
the officer receiving the tenders to have the difference or discrepancy rectified.
The said officer may rectify the difference or discrepancy by way of a Tender
Memorandum not later than seven (7) days before the final date fixed in the
Tender Notice or any extended date for the submission of tenders. Such Tender
Memorandum shall become part of the Tender Documents and tender received
will be deemed to have been based on the explanations, modifications or
extension to the original documents that they contain.

(a) Tenders and documents in connection therewith as specified in Clause
above must be delivered to the place at or before the time stipulated in
the Tender Notice or any other extended time for the submission of
tenders.

(b) In the case of a tender not being delivered by hand and tenderer must
arrangement his tender and other documents to be posted in time to
reach the stipulated place not later than the stipulated time.

(d) In no case will any expenses incurred by a tenderer in the preparation of
his tender be allowed

6. Tender shall remain valid for a period of ninety (90) days from the final date or
any other extended date for the submission of tenders stipulated in the Tender
Notice (herein referred to as the Tender Validity Period) and such period may
by mutual agreement be extended as and when necessary.

7. If any tenderer shall:

(a) withdraw his tender before the expiry of the Tender Validitv Period or
any extended period thereof, or

(b) impose additional terms, conditions or stipulations after the final date
fixed for the submission of tenders (in which case it shall be deemed to
be a withdrawal of his tender), or

(c) in the event the tender having been accepted, refuses or fails to execute
the formal Contract Agreement or to deposit the Performance Bond or
fail to proceed with the supply and delivery of the Equipment and Plant,

then, in any of such events the Government without prejudice to any other rights it
may possess, reserves the right to take disciplinary action against the tenderer or to
cancel the registration of the tenderer as a Government contractor, as the
Government deems fit.

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9. The Government reserves the right to accept the whole or part of any tender and
shall not be bound to accept the lowest or any tender, nor to assign any reason
for the rejection of any tender.

10. The successful tenderer (if any) shall be notified of the acceptance of his tender
by a letter (referred to as Letter of Acceptance of Tender) within the Tender
Validity Period or any extended period thereof. The Tenderer shall deposit with
the Government the Performance Bond stipulated in the Tender Document for
the due observance and Performance of the Contract and shall execute the
formal Contract Agreement as soon as it is ready to be signed.

11. Every notice to be given to a tenderer may be mailed to the tenderer's address
given in the tender and such posting shall be deemed good service of such
notice.

12. Non-compliance with the above conditions in any respect shall render the tender
liable to rejection.

13. No unauthorized alteration or addition shall be made to the Form of Tender or
any other Tender Documents.

14. These Conditions of Tendering shall be deemed to form of the Contract.

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