A. Tender Doc. _1-58

No. IRCON/9030/MAL.SGDT/S&T/Commn./Pkg.III Date:04.01.2010

Stamp & Signature of Tenderer/s 1

IRCON INTERNATIONAL LIMITED

(A Government of India Undertaking)

Tender Document

For

Design, Engineering, Manufacture, Supply, Installation, Interfacing & Integration, Testing and Commissioning of Communication & related works for Electrified Double Track project between Seremban to Gemas.

GENERAL MANAGER (S&T) IRCON INTERNATIONAL LIMITED

C-4, District Centre, Saket, New Delhi – 110017, INDIA

Phone : +91 11 29565640 Fax: +91 11 26522000



CONTENTS

Chapter Description

1. NOTICE INVITING TENDER

2. INSTRUCTIONS TO TENDERERS

3. APPENDIX TO TENDER

4. FORM OF BID

5. ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

6. TECHNICAL CLARIFICATIONS AND REQUEST FOR

CLARIFICATIONS

7. KTMB’S OBSERVATIONS ON IRCON’S TECHNICAL PROPOSAL

AND IRCON’S REMARKS THEREON

8. STATEMENT OF NEEDS (SON)

9. GENERAL REQUIREMENT

10. TECHNICAL SPECIFICATIONS

11. INSTRUCTION FOR FILLING UP OF PRICE SCHEDULE

12. PRICE SCHEDULE

13. CONCEPTUAL COMMUNICATION AND SIGNALLING DRAWINGS

14. CLIENT’S DOCUMENTS (COC, SPCOC, ITC)



NOTICE INVITING TENDER



IRCON INTERNATIONAL LIMITED Block-3A, Level-9, PLAZA SENTRAL,

KL SENTRAL, 50470 KUALA LUMPUR

No. IRCON/9030/MAL.SGDT/S&T/Commn/Pkg.III Dated: 04.01.2010

NOTICE INVITING TENDER

OPEN INTERNATIONAL TENDER

1.0 Ircon International Limited (IRCON) has been awarded the work of Electrified Double

Track Project between Seremban to Gemas in Malaysia on Design and Built Basis.

General Manager/S&T, IRCON International Limited, C-4, District Centre, Saket, New Delhi-110017 invites sealed Open Tenders under Two Packet system for execution of Communication works for the above project.

The other details of the tender are as under:

Sl. No.

Name of Work Time & Date of Submission

Earnest Money Deposit

Completion Period

1. Design, Engineering, Manufacture, Supply, Installation, Interfacing & Integration, Testing and Commissioning of Communication & related works for Electrified Double Track project between Seremban to Gemas.

15.00Hrs.

on

03.02.2010

RM

50,000.00

(Fifty thousand Ringgit Malaysian only)

(1)8 (Eight) months for Seremban (Incl.) to Sungai Gadut (Incl.) with existing CTC KL Sentral

(2) 20 (Twenty) months for Sungai Gadut (Excl.) to Gemas (Incl.) and complete system from Seremban (incl.) – Gemas (incl.) with existing CTC KL & new CTC Gemas

2.0 Eligibility of the bidders shall be assessed based on the “Essential Qualification

Criteria” and “Other Qualification Criteria” as given in Annexure – I. 3.0 Tender documents can be obtained from 10.30 hours to 16.00 hours on all working days

from 11.01.2010 to 02.02.2010 from the office of General Manager/S&T, IRCON International Limited, C-4, District Centre, Saket, New Delhi-110017 on payment (non-refundable) of Rs.5,000/- (INR) in cash or Demand Draft/ Pay order drawn in favour

of IRCON International Limited, New Delhi towards the cost of one set of the tender documents. Tender documents can also be obtained by post, for which an amount of Rs.500/- shall be charged extra. IRCON International Limited shall not be responsible for any postal delay in receiving the tender documents.

Tender documents can also be obtained from 10.30 hours to 16.00 hours on all working

days from 11.01.2010 to 02.02.2010 from the office of Country Head, Ircon



International Limited, Block-3A, Level-9, Plaza Sentral, KL Sentral, 50470 Kuala Lumpur, Malaysia on payment (non-refundable) of RM. 500/- (Malaysian Ringgit) in cash or Demand Draft/ Pay order drawn in favour of IRCON International Limited, Kuala Lumpur towards the cost of one set of the tender documents. Tender documents

can also be obtained by post, for which an amount of RM 50.00 shall be charged extra. IRCON International Limited shall not be responsible for any postal delay in receiving the tender documents. The tender documents shall be sold only to the persons authorised in writing by the tenderer/bidder. Tender documents can also be downloaded from IRCON’s web site www.ircon.org and in such a case, the tenderer shall deposit the cost of tender documents along with submission of the tender, failing which his tender shall not be opened. The cost of tender documents shall be deposited in the form of demand draft/pay order and enclosed in the envelope containing the Earnest Money Deposit. Tenderers are advised not to make any corrections, additions or alterations in the downloaded tender documents. In case any corrections, additions or alterations in the downloaded tender documents are made, such tender shall not be considered.

4.0 IRCON may issue addendum(s)/corrigendum(s) to the tender documents. In such case,

the addendum(s)/corrigendum(s) shall be issued and placed on IRCON’s website at least three days in advance of date fixed for opening of tenders. The tenderers who have downloaded the tender documents from website must visit the website and ensure that such addendum(s)/corrigendum(s) (if any) is also downloaded by them. Such addendum(s)/corrigendum(s) (if any) shall also be submitted, duly stamped and signed, along with the submission of the tenders.

5.0 The tender documents shall be submitted in two separate sealed packets viz. Packet-I containing Technical Bid and Packet-II containing Financial Bid. Detailed credentials as per the requirement of eligibility criteria and all tender papers except Price Schedule are to be submitted in “Technical Bid”. Price Schedule is to submitted in “Financial Bid”.

6.0 Completed tender documents in two packets viz. Packet-I and Packet-II shall be sealed separately in envelopes super-scribing as Packet-I (Technical Bid) and Packet-II (Financial Bid) along with the name of the work. These two sealed envelopes and the envelop (super-scribing “Earnest Money for the work” containing the Earnest Money) in the form as prescribed in the tender documents shall further be sealed in a larger envelope super-scribing the name of the work as stated above (along with date and time of opening of tenders) and addressed to Country Head, Ircon International Limited, Block-3A, Level-9, Plaza Sentral, KL Sentral, 50470 Kuala Lumpur, Malaysia and should be deposited in the tender box at IRCON’s office at address “Country Head, Ircon International Limited, Block-3A, Level-9, Plaza Sentral, KL Sentral, 50470 Kuala Lumpur, Malaysia” before 15.00 hours of 03.02.2010. Tenders

shall be opened (Technical Bids only) at 15:30 hours on the same day in the presence of the tenderers or their authorised representatives intending to attend the opening. The Financial Bids shall be opened only after assessing suitability as per the technical bids by IRCON. The technically qualified bidders shall be informed to attend the opening of financial bids. Tenders duly sealed in the prescribed manner above can also be sent through Registered Post/Speed Post/Courier so as to reach in the office of Country Head, Ircon International Limited, Block-3A, Level-9, Plaza Sentral, KL Sentral, 50470 Kuala Lumpur, Malaysia not later than the time and date of opening of tenders. Any

tender received later than the time and date of opening of tenders shall be rejected and returned to the tenderer unopened.



7.0 Tender shall be submitted as per “Instructions to Tenderers” forming a part of the tender document.

8.0 Any tender received without Earnest Money in the form as specified in tender

documents shall not be considered and shall be summarily rejected. 9.0 IRCON reserves the right to cancel the tenders before submission/opening of tenders,

postpone the tender submission/opening date and to accept/reject any or all tenders and award the work in full or part without assigning any reasons thereof. IRCON’s assessment of suitability as per eligibility criteria shall be final and binding.

10.0 Tenderers may note that they are liable to be disqualified at any time during tendering

process in case any of the information furnished by them is not found to be true. EMD of such tenderer shall be forfeited. The decision of IRCON in this regard shall be final and binding.

11.0 The validity of the offer shall be 90 days from the date of opening of the tender. 12.0 The transfer of tender documents purchased by one intending tenderer to another

tenderer is not admissible. Tenderer can submit tenders only on the documents purchased/downloaded from IRCON’s website.

GENERAL MANAGER/S&T IRCON INTERNATIONAL LIMITED



ANNEXURE - I A. Essential Qualifying Criteria

1.0 The contractor should have the experience of successfully completed a work of Design,

Supply, Installation, Testing and Commissioning of SDH based digital transmission system and

minimum any one of the other sub systems costing not less than RM 6 million during the last 7

years (ending last day of the month previous to the one in each tenders are invited).

The other sub systems are i. Automatic Telephone Switching system, ii. Centralised

Passenger Information system, iii. Signal Post Telephone system, iv. Centralised Public

Address system, v. Centralised Clock system, vi.. Centralised CCTV and SCADA systems and

vii. STAR & SPOT systems.

OR

1.0 Alternatively, the contractor should have experience as under:

(a) The contractor should have the experience of successfully completed a work of Design,

Supply, Installation, Testing and Commissioning of SDH based digital transmission system

during the last 7 years (ending last day of the month previous to the one in each tenders are

invited).

AND

(b) The contractor should have experience of successfully completed a work of Design, Supply,

Installation, Testing and Commissioning of any one of the other sub systems during the last 7






In this case, the aggregate value of the works should not be less than RM 8 million.

2.0 The average annual financial turnover during the last three years should be at least RM 8

million.

i. The financial turnover shall be judged from the Annual Report/Audited accounts including

profit and loss account.

ii. The bidder should submit copy of the Annual Report/ Audited Accounts including Profit and

Loss Account in reference to Sl. No. 2 above for the last three years.

3.0 The Contractor should have positive networth. This will be judged from the audited Balance

Sheet of the last financial year ending on a date not prior to 18 months from the due date of

submission of the tender.

4.0 The contractor should submit performance certificates in reference to S.No.1 above from

clients for having successfully completed similar works in the last 7 years.

5.0 There should not be any unsatisfactory performance report of the Contractor from any source.



B. Other Qualifying Criteria

SN Description Maximum Marks

1

Registration of Company, Partnership Deed, Article of Association, Registration under Labour Law, registration under Sales Tax Act. Registration with CIDB, PKK and Bumiputra participation etc.

5

2. Performance of works completed in the last 7 years (not necessarily similar works) as commented by the clients. The firm should have completed minimum 5 works in last 7 years. In case it is less than 5 works, the evaluation of marks shall be done proportionately.

30

3

Availability of skilled & trained manpower.

20

4

Availability of tools, Plant & machinery relevant to the work.

20

5

Availability of adequate testing, measuring and inspection equipment and facilities for calibration of the same.

5

6

Availability of safety appliances / equipment.

5

7 Availability of ISO-9001-2000 Certification.

5

8 Availability of banker’s certificate

5

9 Availability of latest Audited Balance sheet 5

Total 100

The contractors should pass in all items of “Essential Qualifying Criteria” and should obtain minimum 60 marks out of the 100 of “Other Qualifying Criteria” to get technical qualification. Tenderer(s) shall note that a minimum Bumiputra participation of Thirty five (35%) percent of Tender value is Mandatory Tenderer(s) may please note that their offers will be evaluated as per the credentials/documents attached by the tenderer(s) along with the tender.


Signature & Stamp of Tenderer/s - 9 -

INSTRUCTIONS TO TENDERERS



INSTRUCTIONS TO TENDERERS

A. INTRODUCTION

1.0 General

1.1 Name of the Work: As indicated in ‘Appendix to Tender’.

1.2 A bidder in the capacity of Individual or Sole Proprietor, Partnership firm, Joint Venture (JV) or Company can participate in the tender and the bidder must forward copies of the constitution of its firm such as partnership deed, Joint Venture Agreement, Memorandum & Articles of Association, etc. along with a copy of valid Power of Attorney of authorised signatory.

In case, a bid is submitted by a Joint Venture the following requirements shall be complied:

(a) Joint Venture of only two firms shall be permitted for joint venture/consortium partner for a tender. The joint venture/consortium company may also have partners on MOU (memorandum of Understanding) based on sub-systems if required and the copy of the MOU to be submitted along with offer. This/These MOU, in case of award of work shall be translated into agreement binding both the parties for successful completion of work and these documents have to be produced by the lead partner of the JV/Consortium within 21 days from the date of issue of “letter of Acceptance” by IRCON. The lead partner of the project shall be responsible for complete interfacing of all sub systems & integration with CTC system along with the proper documents attached with their offer for the tender.

(b) One of the partners shall be nominated as a lead partner. The authorization shall be submitted by way of Power of Attorney. Power of Attorney in this regard shall be signed by legally authorized signatories of both the firms.

(c) Whereas the Joint Venture (along with partners on MOU basis, if any) have to collectively satisfy the qualifying criteria given in Annexure-I.

(d) The lead partner shall be authorized to incur liabilities and receive instructions for and on behalf of both partners of the Joint Venture and the execution of the

contract. The payments shall be made in the name of Joint Venture.

(e) Both partners of the Joint Venture shall be liable jointly and severally for the execution of the contract in accordance with the contract terms, and a statement to this effect shall be included in the Power of Attorney mentioned under (b)

above, as well as in the Joint Venture Agreement.

(f)

(g)

A copy of the Joint Venture/Consortium agreement entered into by the partners shall be submitted with the tender. The Joint Venture/Consortium agreement should precisely indicate the LEAD PARTNER and the responsibility of all the members of Joint Venture in respect of planning, construction, Interfacing, Testing, Commissioning and Integration to CTC at KL and supply of equipment, key personnel, work execution and financing of the project. This should not be

varied/ modified subsequently without prior approval of the Employer/ Engineer.

Once the tender is submitted, the MOU shall not be modified/altered/terminated during the validity of the tender. In case tenderer fails to observe/comply with

this stipulation, the full Earnest Money Deposit (EMD) shall be forfeited.



1.3 The work is proposed to be executed under the following relationship.

a. Client : As indicated in ‘Appendix to Tender’.

b. Employer/ Engineer : Ircon International Limited and the address as given in ‘Appendix to Tender’.

c. Contractor : The successful tenderer to whom the work is awarded shall become the contractor for the execution of this work.

1.4 Throughout these bidding documents, the terms “bid” and “tender” and their derivatives (“bidder”/ “tenderers”, “bid”/ “tendered”, “bidding”/ “tendering”, etc.) are synonymous. Day means calendar day. Singular also means plural.

1.5 Scope of Work: As indicated in ‘Appendix to Tender’.

The detailed scope has been described in the tender documents.

1.6 Tenderers may carefully note that they are liable to be disqualified at any time during tendering process in case any of the information furnished by them is not found to be true. In addition the EMD of such tenderer shall be forfeited. The decision of Employer in this respect shall be final and binding.

1.7 A bidder shall submit only one bid in the capacity of an Individual or Sole Proprietor, Partnership firm, Joint Venture or Company. Violation of this condition is liable to disqualify the bidder in which such bidder has participated and EMD of

all such tenderer shall stand forfeited.

2.0 Essential Qualifying Criteria

2.1 The bidder is required to submit copies of the necessary credentials/ certificates/ documents with respect to the Essential Qualifying Criteria and Other Qualifying Criteria for evaluation of his bid. The Essential Qualifying Criteria and Other Qualifying Criteria is enclosed at ANNEXURE – I.

3.0 Rates/ Prices/ Costs

3.1 The rates shall be offered in the enclosed “Price Schedule”. The rates shall include cost of all activities, labour, materials, transportation, machinery/ equipments, tools & tackles, insurance (as applicable) etc. along with all taxes, duties, etc. (not limited only to Custom Duties, Port dues & Charges, Warfage dues, pilotage fees, anchorage, berthage and mooring fee, quarantive dues, loading porterage etc.) as

applicable in Malaysia as per the descriptions in scope of work & Price Schedule.

The rates offered for any item shall be inclusive of all general & preliminary works required, preliminary & incidental expenses, Quality Control and Quality Assurance, Compliance to Environmental Impact Assessment (EIA)/ Environmental Management Plan (EMP)/ Safety requirement, in connection with the relevant item/ work.

B. THE BIDDING DOCUMENTS

4.0 Content of bidding documents

4.1 The bidding documents include the following:

1. Notice Inviting Tender (NIT)

2. Instructions to Tenderer (ITT)

3. Appendix to Tender



4. Form of Bid

5. Additional Special Conditions of Contract

6. Technical Clarification and Request For Clarifications

7. KTMB’s observations on bid submitted by Ircon and Ircon’s remarks thereon

8. SON for Communication work

9. General Requirements for Communication works

10. Technical Specifications

11. Price Schedule

12. Conceptual Drawing for Communication and Signaling along with

alignment

13. Client Documents (COC, SPCOC, ITC) – (under Main Contract )

4.2 The bidder is expected to examine all instructions, terms, conditions, forms, specifications and other information in the bidding documents. Failure to furnish all information required by the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at the bidders’ risk and may result in rejection of his bid.

5.0 Cost of Bidding

5.1 The bidder shall bear all costs associated with the preparation and submission of the bid and the Employer will in no case be responsible or liable for these costs regardless of the conduct or the outcome of the bidding process.

6.0 Understanding and Amendment of Tender Documents

6.1 The bidder must obtain for itself on its own responsibility and its own cost all the information including risks, contingencies & other circumstances in execution of the work. It shall also carefully read and understand all its obligations & liabilities given in tender documents.

6.2 The bidder is advised to visit and examine the site where the work is to be executed and its surroundings or other areas as deemed fit by the bidder and obtain for itself on its own responsibility all information that may be necessary for preparing the bid and execution of the contract. The cost of visiting the site and collecting relevant data shall be at the bidder’s own expenses. It is a condition of the tender that the tenderer is deemed to have visited the site and satisfied himself with all the conditions prevailing including any difficulties for executing the work.

6.3 At any time prior to the deadline for submission of bids, Employer may for any reason whether at its own initiative or in response to any request by any prospective bidder amend the bidding documents by issuing Corrigendum, which shall be part of the Tender documents. The amendment shall be advised to all the

prospective bidders.

6.4 Employer may at its discretion extend the deadline for submission of the bids at any time before the time of submission of the bids.



C. PREPARATION OF BIDS

7.0 Language of Bid

7.1 The bid prepared by the bidder and all documents related to the bid shall be written in English.

7.2 Contract Sum

7.2.1 The bidder based on clause 6.0 above, shall make his own assessment of quantities and fill up the same in the “Price Schedule”.

7.2.2 The Contract Sum is firm and fixed lump sum price for the Contract Works and shall not be subject to adjustment or recalculation should the actual quantities of work materials supplied differ from any estimate used by the bidder in the Contract

Sum.

7.2.3 The Contract Sum shall be inclusive of all work, material and expenditure whether temporary or permanent, foreseen or unforeseen which will be either indispensably necessary in any event to complete the Works.

8.0 Signing of All Bid papers and Completing Price Schedule

8.1 All the pages of the bid documents, drawings and Price Schedule submitted by bidder shall be signed and stamped by the bidder or his authorized representative holding the Power of Attorney (Enclose copy of the Power of Attorney).

8.2 Bidder shall quote price/ rate for all the items of Price Schedule. While filling up the rates in the Price Schedule, bidder shall ensure that there is no discrepancy in the rates and amounts. In case of any discrepancy, the unit rate mentioned in the respective column for rate and the amount mentioned for lump-sum items shall be taken as final and binding. Price Schedule shall be quoted in Malaysian Ringgit (RM) only.

8.3 The bidder shall not make any addition or alteration in bid documents. The bidder should fill in the requisite details wherever required in the documents. Incomplete bid or bid not submitted as per instructions is liable to be rejected.

8.4 Any overwriting, erasures or cancellations shall only be valid, if they are initialed by the signatory(ies) to the bid.

9.0 Deviations

9.1 The bidder should clearly read and understand all the terms and conditions, specifications, drawings, etc. mentioned in the original bid documents. If the bidder has any observations, the same may be indicated in his forwarding letter along with the bid. The bidder is advised not to make any corrections, additions or alterations in the original bid documents. If bidder makes any correction in his own entries the same shall be initialed and stamped by him. If this condition is not complied with, bid is liable to be rejected.

10.0 Transfer of tender documents

10.1 Transfer of tender documents issued from one intending tenderer to another tenderer is not permissible. Tenderer can submit tender only on the documents issued to him.



11.0 Earnest Money

11.1 The tenderer must furnish the Earnest Money as indicated in ’Appendix to Tender’ for the work as specified failing which the tender shall be summarily rejected. The

Earnest Money may be in any one of the following forms:

a. Demand Draft/ Banker’s Cheque of any Bank licensed and operating in Malaysia in favour of IRCON International Limited payable at Kuala Lumpur.

b. Fixed Deposit Receipt issued by any bank Licensed and operating in Malaysia endrosed in favour of Ircon International Limited.

• The EMD shall be valid for not less than 90 days from the date of opening of Tender.

• Cash remittances will not be accepted as EMD.

• Cheque, war bonds, Govt. Promissory notes and cash certificates will not be accepted as EMD.

• Tender submitted with Earnest Money in any form other than those specified above shall not be considered.

• Any request for recovery from outstanding bills for Earnest money against present tender will not be entertained. Tender submitted with Earnest Money in any form other than those specified above shall not be

considered.

No interest shall be paid on Earnest Money Deposit in case the same is deposited in the form of Pay order/Demand draft.

11.2 Forfeiture of Earnest Money:

11.2.1 The Earnest Money of the tenderer shall be forfeited if he withdraws his tender during the period of tender validity specified in the “Appendix to Tender” or extended validity period as agreed to in writing by the tenderer.

11.2.2 The Earnest Money of the successful tenderer is liable to be forfeited if he fails to;

a. sign the Contract Agreement in accordance with the terms of the tender, or

b. furnish Performance Guarantee in accordance with the terms of the tender, or

c. commence the work within the time period stipulated in the tender.

11.2.3 In case of forfeiture of EMD, the tenderer shall be debarred from bidding in case of re-invitation of the tenders.

11.3 Return of Earnest Money:

11.3.1 The Earnest Money of the unsuccessful tenderers shall be discharged and returned as promptly as possible.

11.3.2 The Earnest Money Deposit of the successful tenderer shall be dealt as under:

a. Earnest Money Whether in the form of Fixed Deposit Receipt(FDR) or in the form of Demand Draft/Pay Order, the same shall be returned on receipt of Performance Bank Guarantee for the value specified in Appendix to Tender, which shall be valid up to 16

th Aug. 2014 or extended period if any.



12.0 Period of validity of the tender

12.1 The tender shall remain valid for the period indicated in “Appendix to Tender” after the date of the opening of the tender. If the Tenderer gives validity period less than

that fixed/ prescribed by Employer, the tender shall be liable to be rejected.

12.2 Notwithstanding the above clause, Employer may solicit the tenderers’ consent to an extension of the validity period of the tender. The request and the response shall be made in writing.

D. SUBMISSION OF BIDS

13.0 Deadline for submission of tender

13.1

The tender duly filled in must be received by Employer at the address specified not

later than the date and time mentioned in the “Notice Inviting Tender”.

13.2 Tender received later than the deadline prescribed for submission of Bid by Employer is liable to be rejected.

13.3 Tenders brought to the office of Employer later than the deadline prescribed but before the opening time mentioned in the bidding document shall be declared as delayed tenders and may be considered by Employer and decided on its merits. The decision of the Employer shall be final and binding on this case.

13.4 Any tender received after opening of the Bid shall be rejected and returned unopened to the tenderer.

14.0 Withdrawal of tender

14.1 No tender can be withdrawn after submission and during tender validity period.

14.2 Submission of a tender by a tenderer implies that he had read all the tender documents including amendments if any, visited the site and has made himself aware of the scope and specifications of the work to be done, local conditions and other factors having any bearing on the execution of the work.

15.0 Sealing and marking of tenders

15.1 The tenderer shall submit the fully completed tender documents on or before the due date and time with all the relevant documents as mentioned in Para 3.1, 4.1

and the following :

ENVELOPE -1:- (Technical Offer)

a Forwarding letter of the tenderer.

b Documents as per checklist (given in the Annexure-IIA).



c Earnest Money Deposit.

Note: The above item “a” & “b” shall be sealed in Envelope-1A super scribed with “SGDT Project Communication Package Technical Offer” and the item c above in separate Envelope-1B super scribed with “SGDT Project Communication Package -EMD”. Both of these envelopes 1A & 1B shall be put in Envelope-1 and super scribed with “SGDT Project Communication Package Technical Offer & EMD”.

ENVELOPE -2:- (Commercial Offer)

d The Bill of Quantities with prices quoted in the format given in the tender document shall be sealed in Envelope-2 super scribed with “SGDT Project

Communication Package- Commercial Offer”.

15.2 ENVELOPE-1 and ENVELOPE-2 shall be sealed in an outer envelope super scribed with the name of work as indicated in “Appendix to Tender”.

In addition to the above, the envelope shall also contain the name and address of the tenderer to enable tender to be returned unopened if so required.

E. BID OPENING AND EVALUATION

16.0 Opening of the tender

16.1 Envelope-1 shall be opened first at the address mentioned in “Notice Inviting Tender” in presence of tenderers or authorised representatives of tenderers who wish to attend the opening of tenders.

16.2 Tenderers or their authorised representatives present during the opening of tender shall sign register in evidence of their attendance.

16.3 Tenderer’s name, presence or absence of requisite Earnest Money and any other details as Employer may consider appropriate will be announced and recorded at

the time of bid opening.

Note: Envelope-2 containing financial Bid shall be opened for the tenderer who qualifies after evaluation of the Technical Bid. The date of opening of

Envelope-2 shall be intimated after evaluations of Technical Bid.

17.0 Clarification of the tenders

17.1 To assist the examination, evaluation and comparison of the tenders, Employer may at his discretion ask the bidders for any clarifications as considered essential. All such correspondence shall be in writing and no change in price or substance of the tender shall be sought or permitted. The above clarification for submission of the details shall form part of the tender and shall be binding on tenderer.

18.0 Negotiation

18.1 The Employer reserves the right to negotiate the offer submitted by the bidder to withdraw certain conditions (if any) or to bring down the rates to a reasonable level. The bidder must note that during negotiations rates of items of BOQ can only be reduced and not increased by the bidder. In case the bidder introduces any new condition or increases rates of any item of BOQ, his negotiated offer is liable to be rejected and the original offer shall remain valid and binding on him.



18.2 Should IRCON decide to negotiate with a view to bring down the rates, the tenderer called for negotiations should furnish the following form of declaration before commencement of negotiations:

“I ____________________do declare that in the event of failure of contemplated negotiations relating to Tender No. _______________ dated ______ my original tender shall remain open for acceptance on its original terms and conditions.”

19.0 Evaluation of Bid

19.1 The Employer shall examine the bids to determine whether they are complete, whether any computational errors have been made, whether the documents have been properly signed and whether the bids are generally in order.

19.2 Arithmetical errors shall be rectified on the following basis. If there is a discrepancy between the unit price and the total price, which is obtained by multiplying the unit price and quantity, or between subtotals and the total price, the unit or subtotal price shall prevail, and the total price shall be corrected.

19.3 Prior to the detailed evaluation, Employer shall determine whether each bid is of acceptable quality, is generally complete and is substantially responsive to the bidding documents. For purposes of this determination, a substantially responsive bid is one that conforms to all the terms, conditions and specifications of the bidding documents without material deviations, objections, conditionality or reservation. A material deviation, objections, conditionality or reservation is one;

a that affects in any substantial way the scope, quality or performance of the contract.

b that limits in any substantial way, inconsistent with the bidding documents, the

Employers’ rights or the successful Bidder’s obligations under the contracts; or

c whose rectification would unfairly affect the competitive position of other Bidders who are presenting substantially responsive bids.

19.4 If a bid is not substantially responsive, it shall be rejected by the Employer.

19.5 In case of tenders containing any conditions or deviations or reservations about contents of tender document, Employer may ask for withdrawal of such conditions/ deviations/ reservations. If the tenderer does not withdraw such conditions/ deviations/ reservations, the tender may be treated as non-responsive. Employer’s decision regarding responsiveness or non-responsiveness of a tender

shall be final and binding.

20.0 Canvassing

20.1 No tenderer is permitted to canvass to Employer on any matter relating to this tender. Any tenderer found doing so may be disqualified and his bid may be

rejected.

21.0 Right to accept any tender or reject all tenders

21.1 Employer/ Engineer reserves the right to accept, split, divide, negotiate, cancel or reject any tender or to annul and reject all tenders at any time prior to the award of the contract without incurring any liability to the affected tenderers or any obligation to inform affected tenderer, the grounds of such action.



22.0 Award of Contract

22.1 Employer shall notify the successful bidder in writing by a Registered Letter/ Courier/ FAX or per bearer that his bid has been accepted.

22.2 Letter of Acceptance after it is signed by the Contractor in token of his acceptance shall constitute a legal and binding contract between Employer/Engineer and the

contractor till such time the contract agreement is signed.



APPENDIX TO TENDER



APPENDIX TO TENDER

S. NO.

ITEMS DESCRIPTIONS

1. Name of Work:

Design, Engineering, Manufacture, Supply, Installation, Interfacing, Integration, Testing and Commissioning of Communication & related works for Electrified Double Track project between Seremban to Gemas.

2. Scope of Work:

1. The works under the communication contract shall include complete turnkey design, engineering, manufacture, supply, delivery, installation, integration, interfacing, testing & commissioning of modern reliable and proven Communication systems & other related works for the operation of the Electrified Double Track project between Seremban - Gemas. Provision of all communication system at new CTC/Gemas along with up-gradation / modification & integration of existing communication system at CTC/KL Sentral are also covered under the Contract.

The Stations & Block sections covered under the scope of work are as under :

(i) KL Sentral CTC. (ii) Seremban Station (iii) Seremban to Senawang Block section (iv) Senawang (Halt) (v) Senawang to Sungai Gadut Block section (vi) Sungai Gadut Station (vii) Sungai Gadut to Rembau Block section (viii) Rembau station (ix) Rembau to Tampin Block section (x) Tampin station (xi) Tampin to Batang Melaka Block section (xii) Batang Melaka station (xiii) Batang Melaka to Gemas Block section (xiv) Gemas Station, (xv) South CTC at Gemas.

2. The work shall broadly include design, Supply, Installation,

Integration, Interfacing, testing & commissioning of the following:

a) Digital Transmission System: The work involve provision of STM-4 at all stations & halt equipped with 21 E1 interface, Primary MUX fully loaded and other associated works like 24 fibres/cores Optical Fiber Cable between Seremban to Gemas section, NMS etc. as per tender requirement.

b) EPABX System: The work involves provision of new PABX

Exchange at Gemas (equipped with 300 extension, expandable up to 1000 extensions) expansion of line capacity of existing exchange at Seremban, phones at various locations, interfacing with existing KTMB network and other associated works as per tender requirement.

c) Passenger Information System: The works involves



provision of Passenger Information System at Senawang halt & Sungai Gadut Station, integration with existing KTMB system along with other associated work as per tender requirement.

d) Public Address System: The works involves provision of

Public Address System at all Stations & Halt except Seremban station, integration with existing KTMB system along with other associated work as per tender requirement.

e) Centralised Clock system: The works involve provision of

Centralised Clock system at CTC/Gemas, Stations, halt etc. integration with existing KTMB system along with other associated work as per tender requirement.

f) CCTV & SCADA: The works involve provision of CCTV &

SCADA at all Stations, Halts, TFSs (Track Feeder Stations), MPTSLs (Mid Point Track Sectioning Locations) etc, integration with existing KTMB system along with other associated works as per tender requirement.

g) STAR & SPOT System: The works involve provision of STAR

& SPOT system at Stations & Halts except Seremban station along with other associated work as per tender requirement. It also includes relocation of existing system to new location at Seremban station.

h) The scope of work does not include SPT communications and

its associated works such as PAX exchange, interfacing & integration with existing KTMB’s PAX type SPT network etc.

i) Provision of channels for working of Tetra communication,

Power SCADA, AFC & Signalling System in the project area is in the scope of this tender.

i) Modification, integration & extension of communication system

at CTC/KL for remote monitoring & control, complete with all current features. Under normal circumstances, the whole of the project area shall be remotely monitored & controlled from the main CTC/KL Sentral. The new south CTC at Gemas shall assume control in emergency with the requisite release from the CTC/KL Sentral. The contractor should provide all communication system at CTC/Gemas.

j) Both the south CTC & KL Sentral CTC shall be interfaced,

integrated and connected in parallel and configured in such a way that at any time, Communication system within the project area shall be controlled from a single control only.

k) Two Fibres used for loop back protection of existing STM-1

network of KTMB shall be made available between Seremban and KL section to IRCON by KTMB. On these fibers, STM-4 shall be provided by the contractor. One of the STM-1 links of the new network shall be utilized as loop back protection of existing KTMB network. The remaining STM-1 shall be used for the SGEDT project for extension of Digital transmission system of CTC KL Sentral. The work of shifting of existing loop back protection of KTMB network on STM-4 network being



provided is also in the scope of this tender.

l) Loop back protection of digital transmission system between Gemas & KL Sentral shall be within the scope of this work.

m) IRCON shall make available one HDPE duct duly laid in cable

trough all along the section between Seremban to Gemas. In the present tender, the scope of work involves blowing and other associated works of OFC cable as per technical requirement.

n) All equipment to be supplied shall be of type approved by

KTMB. It should be noted that some equipment types, although still in use, may no longer be approved for new installations.

o) Supply of spares, software, documentation, as-built drawings,

manuals, off-line systems, special tools and test equipment etc within 21 days from the date of issuance of Certificate of Practical Completion.

p) Supply of all resources including personnel required for

completing the project to the satisfaction of the ultimate client. q) Imparting adequate in house training, on job training and field

training to PMC’s, KTMB’s and Employer’s designers, maintenance and operating personnel. Training modules required for the system are to be submitted along with offer for evaluation.

r) Consequential work, modifications to stations adjacent to the

Project area etc., required to be carried out for adjacent KTMB and 3rd Party systems, plant and equipment which arise as a result of provision of the new works.

s) Providing Technical support for maintenance of all

communication works in respect of interim works, temporary works, stage construction, partial occupation or partial taking over of the works for issuance of certificate of practical completion and taking over of completion project by KTMB.

t) Defect Liability period up to 16th August 2014 or extended

period if any. u) Dismantling and handover of all released materials &

equipment after completion of entire communication works and handing over to KTMB.

3. Client: Ministry of Transport (MOT), Government of Malaysia through KTMB

4. Employer:

Ircon International Limited

Block 3A, Level 9, PLAZA SENTRAL, Kuala Lumpur, Malaysia.



5. Earnest Money Deposit:

RM 50,000. (Fifty Thousand Malaysian Ringgit)

6. Dead Line for Submission of Bid:

On or before – Time: 15.00 Hrs.,

Date: 03.02.2010

7. Date and Time of Opening Bid:

Time: 15.30 Hrs.,

Date: 03.02.2010

8. Bid Validity Period:

Ninety (90) Days from the date of opening of tender.

9. Work Completion Period:

For Seremban (Incl.) to Sungai Gadut (Incl.) with existing CTC KL Sentral.

Eight (8) Months

For Sungai Gadut (Excl.) to Gemas (Incl.) and complete system from Seremban incl) – Gemas (incl) with existing CTC KL & new CTC Gemas.

Twenty (20) Months

All the above duration starts from the date of issue of LOA.

10. Bumiputra Participation

Minimum Bumiputra Participation shall be Thirty five (35%) percent of contract value..

11. Performance Guarantee

5% of the Contract Value with validity up to defect liability period i.e. 16

th August 2014 or extended period if any.

12. Date of Commencement

Fifteen (15) days from the date of issue of Letter of Acceptance (LOA).

13. Mobilisation Advance

NIL

14. Insurance Refer to Clause No. 11.0 of Conditions of Contract. The insurance period shall be up to the defect liability period of the contract.

15. Minimum Amount of Interim Payment

RM 200,000.00 (Ringgit Malaysia Two Hundred Thousands) up to first four claims and thereafter RM 1,000,000.00 (Ringgit Malaysia One Million)

16. Currency of Payment

Ringgit Malaysia (RM) only

17. Taxes & Duties The rate shall include all taxes and duties applicable in Malaysia. IRCON shall make all statutory deduction if so required as per Laws applicable in Malaysia.

18. Measurement of Works & Payment Terms

a. Measurement of quantity executed by you will be taken within 15 days after certificate of work by KTMB. or its representative.

b. IRCON will make payment within 45 days on submission of your bill after the quantity measurement as per (a) above.

19. Defects Liability:

Up to 16th August 2014 or extended period (if any).

20. Liquidated and Ascertained Damages

As per 14.0 of ASCOC.



21. Price Adjustment and Escalation

NIL

22. Work Program The bidder shall submit the detailed Works Program indicating “how the work is proposed to be completed” within the stipulated completion period.

23. QA/ QC Plan To be submitted within Twenty One (21) days after date of issue of Letter of Acceptance (LOA).

24. Safety Plan To be submitted within Twenty One (21) days after date of issue of Letter of Acceptance (LOA).

25. Design Guarantee

The design submitted by the contractor shall be robust, foolproof, safe, reliable, taking into considerations all standards & practices of KTMB into account. The contractor shall be fully responsible for this design and shall take full responsibility & guarantee for the same as per COC clause No.14.0 and latest SPCOC clause No.6.0. Design Guarantee bond shall be provided for 5% of the contract value, which is to be submitted before expiring of Performance Guarantee. Design Guarantee should commence from the date of issuance of Certificate of Practical completion of making good defects for the whole of the works and for a duration of five (5) yeras



FORM OF BID



FORM OF BID

To IRCON INTERNATIONAL LIMITED Block-3A, Level-9, PLAZA SENTRAL, KL SENTRAL, 50470 KUALA LUMPUR Dear Sir, I/ We, ____________________________ (Name and address of the tenderer) have read the various terms and conditions of the tender documents attached here with duly signed by me/us and agree to abide by the same. I/ We also agree to keep this tender open for acceptance for a period of 90 days from the date fixed for opening the same and on default thereof our Earnest Money is liable to be forfeited. I/ We hereby declare that we have visited the site of the work and have made ourselves fully conversant of the conditions therein and including the topography of area, soil strata at site of work, sources and availability of construction materials, rates of construction materials, water, electricity, all local taxes, duties, royalties, octrois etc., availability of local labour (both skilled and unskilled), relevant labour rates and labour laws, the existing road and approaches to the site of work, requirements for further service roads/ approaches to be constructed by me/ us, the availability and rates of private land etc. that may be required by me / us for various purposes, climatic conditions, law and order situation and availability of working days. I/ We have quoted our rates for various items in the Price Schedule taking into account all the above factors and We offer to do the work “_____________________________________________” (Name of the work) at the rates quoted in the attached Price Schedule and hereby bind ourselves to complete the work in all respects within time schedule depicted in tender documents from the date of issue of letter of acceptance of tender. A sum of RM____________ (Ringgit Malaysian _________________)(amount of Earnest money deposit) is herewith forwarded as Earnest Money. I/ We understand that the full value of the Earnest Money shall stand forfeited without prejudice to any other rights and remedies available to IRCON International Limited in case our tender is accepted and if: i) I/ We do not execute the Contract Agreement within time period specified in the

tender documents. ii) I/ We do not commence the work as soon as is reasonably possible after the

receipt of the Letter of Acceptance or elsewhere stated in the Contract documents. iii) I/We shall submit a Performance Bank Guarantee within Twenty Eight (28) days

from the date of Letter of Acceptance (LOA) for the value specified in the Appendix to Tender.

I/ We also understands that until a formal Contract Agreement is executed, Letter of Acceptance alongwith all tender documents shall constitute a binding contract between me/us and Ircon International Limited. Thanking you, Yours Faithfully, Signature_____________ in capacity of____________ duly authorised to sign bids for and on behalf of:_________________________________________________________ (In Block capital letters) Date this________day of __________ 2010



ANNEXURE - I A. Essential Qualifying Criteria 1.0 The contractor should have the experience of successfully completed a work of Design,

Supply, Installation, Testing and Commissioning of SDH based digital transmission system and

minimum any one of the other sub systems costing not less than RM 6 million during the last 7






OR

1.0 Alternatively, the contractor should have experience as under:

(a) The contractor should have the experience of successfully completed a work of Design,

Supply, Installation, Testing and Commissioning of SDH based digital transmission system

during the last 7 years (ending last day of the month previous to the one in each tenders are

invited).

AND

(b) The contractor should have experience of successfully completed a work of Design, Supply,

Installation, Testing and Commissioning of any one of the other sub systems during the last 7






In this case, the aggregate value of the works should not be less than RM 8 million.

2.0 The average annual financial turnover during the last three years should be at least RM 8

million.

i. The financial turnover shall be judged from the Annual Report/Audited accounts including

profit and loss account.

ii. The bidder should submit copy of the Annual Report/ Audited Accounts including Profit and

Loss Account in reference to Sl. No. 2 above for the last three years.

3.0 The Contractor should have positive networth. This will be judged from the audited Balance

Sheet of the last financial year ending on a date not prior to 18 months from the due date of

submission of the tender.

4.0 The contractor should submit performance certificates in reference to S.No.1 above from

clients for having successfully completed similar works in the last 7 years.

5.0 There should not be any unsatisfactory performance report of the Contractor from any source.



B. Other Qualifying Criteria

SN Description Maximum Marks

1

Registration of Company, Partnership Deed, Article of Association, Registration under Labour Law, registration under Sales Tax Act. Registration with CIDB, PKK and Bumiputra participation etc.

5

2. Performance of works completed in the last 7 years (not necessarily similar works) as commented by the clients. The firm should have completed minimum 5 works in last 7 years. In case it is less than 5 works, the evaluation of marks shall be done proportionately.

30

3

Availability of skilled & trained manpower.

20

4

Availability of tools, Plant & machinery relevant to the work.

20

5

Availability of adequate testing, measuring and inspection equipment and facilities for calibration of the same.

5

6

Availability of safety appliances / equipment.

5

7 Availability of ISO-9001-2000 Certification.

5

8 Availability of banker’s certificate

5

9 Availability of latest Audited Balance sheet 5

Total 100

The contractors should pass in all items of “Essential Qualifying Criteria” and should obtain minimum 60 marks out of the 100 of “Other Qualifying Criteria” to get technical qualification. Tenderer(s) shall note that a minimum Bumiputra participation of Thirty five (35%) percent of Tender value is Mandatory Tenderer(s) may please note that their offers will be evaluated as per the credentials/documents attached by the tenderer(s) along with the tender.



ANNEXURE – II A

CHECK LIST FOR

LIST OF DOCUMENTS TO BE SUBMITTED WITH THE TENDER

1. EMD of requisite amount in the prescribed form.

2. Partnership deed/ Memorandum and Articles of Association of the firm. 3. Joint Venture/Consortium Agreement (if any), Memorandum of Understanding (if

any) 4. Copy of Power of Attorney of the person signing the tender documents. 5. Sales Tax/ Works Contract Tax/ Service Tax Registration Certificate (as

applicable), CIDB Registration, PKK Registration, and PKK/MoF Bumiputra valid Certificate..

6. Annual Turn Over as per ANNEXURE – II B along with Proof of Annual Turnover. 7. Details of major works completed in last 7 years as per ANNEXURE – II C along

with certificate form client to judge the essential qualifying criteria for similar nature work.

8. Details of Plant and Machinery (in working conditions) owned and proposed to be

deployed as per ANNEXURE – II D 9. Details of Engineers and Technical staff (As per ANNEXURE – II E)

10. Details of PKK/MoF Registration as Bumiputra contractor as indicated in Joint

Venture/ Consortium partners and or Supplier/ Sub-contractor(s) in ANNEXURE- III

11. Details of Testing, Measuring and Inspection Equipment owned. 12. Details of Safety Appliances and Equipment owned. 13. Audited Balance Sheet to verify the qualifying criteria like turnover etc. for the last

three years. 14. Solvency certificate from the Bankers.

15. ISO 9000 certificate (if any)

16. Tender Document duly signed & stamped.

17. Bill of Quantity without price in the Price Schedule format enclosed with this tender document



ANNEXURE – II B

ANNUAL TURN OVER FOR THE LAST THREE YEARS

SL. NO.

FINANCIAL YEAR

TURNOVER

(RM)

IN CASE OF INDIVIDUAL

FIRM

IN CASE OF JV

LEAD PARTNER OTHER PARTNER

TOTAL

1.

2.

3.

• The bidder should submit copy of the Annual Report/ Audited Accounts including Profit and Loss Account to substantiate the information above for the last three years.

• In case of Joint Venture, the information is to be submitted by both the partners jointly.



ANNEXURE – II C

DETAILS OF MAJOR WORKS COMPLETED IN LAST SEVEN YEARS

To qualify, the Applicants shall be required to pass the following specified information A

pp

li

cab

le

to

this

form

,

as

set

ou

t in

Any

other

releva

nt

inform

ation

Penalt

y , if

any

impos

ed for

delay

Rea

son

for

dela

ys,

if

any

Value

of

Work

compl

eted

(RM)

Date

of

Actua

l

Comp

letion

Stipul

ated

Date

of

Comp

letion

Date

of

Awar

d of

Work

Contr

act

No. &

Date

Name &

Address

of the

Employer

with Tel,

Fax Nos

Descrip

tion of

Work

S.N o. 1

2

3

4

5

6

7

• Please attach completion certificates for the works satisfactorily completed issued by Client/ Employer.

• In case of joint venture, all the partners’ information is to be submitted separately.



ANNEXURE – II D

DETAILS OF KEY PLANT & MACHINERY

MINIMUM NUMBER OF PLANTS AND EQUIPMENTS TO BE OWNED/ TAKEN

ON LEASE BY THE CONTRACTOR

Sl.

No.

Type of Equipment, Key Plant, Machinery Proposed by the Bidder

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.



ANNEXURE – II E

LIST OF KEY PERSONNEL REQUIRED TO BE DEPLOYED ON THE CONTRACT

WORK

S. No.

Personnel/Designation Qualification and Experience

Number of Personnel Proposed by the Bidder

1.

2.

3.

4.

5.

6.

7.

8.

10.

11.

• The bidder shall indicate the essential basic manpower, which the Contractor must own. It is entirely the responsibility of the Contractor to deploy sufficient manpower to ensure compliance with his obligations under the Contract.

• No additional payment shall be made for deployment of additional manpower to complete the work within contract duration.



ANNEXURE – III BUMIPUTRA PARTICIPATION DETAILS

Sl.No. Name and address of the Firm/Company

PKK/MoF Registration particulars and validity

Scope Defined Additional information

(if Any) Supply/ Activity

Value

• Bidder shall note that a minimum of Bumiputra participation of Thirty five (35%) percent of contract value is Mandatory.

• Bidder shall enclose a copy of PKK/MoF Registration certificates of every individual Firm/Company together with relevant details.



ADDITIONAL SPECIAL

CONDITIONS OF CONTRACT



ADDITIONAL SPECIAL CONDITIONS OF CONTRACT

1.0 LAWS GOVERNING THE CONTRACT

1.1 The Contract shall be governed by the laws in force in Malaysia.

2.0 PERFORMANCE SECURITY & RETENTION MONEY

2.1 Performance Security

2.1.1 Within 28 days of issue of the Letter of Acceptance from the Employer/ Engineer, the successful tenderer shall furnish to Employer/ Engineer a Performance Security equivalent to an amount of 5% (Five percent) of the contract value in the form of Bank Guarantee from a licensed bank operating in Malaysia valid upto as specified in appendix to tender S.No.11.

2.1.2 No payment under the contract shall be made to the Contractor before receipt of performance security.

2.1.3 Failure of the successful tenderer to furnish the required performance security shall be a ground for the annulment of the award of the Contract and forfeiture of the Earnest Money Deposit

2.1.4 The Bank Guarantee shall be operative till the same is approved for discharge by the Employer/ Engineer on satisfactory completion of work.

2.1.5 The sample proforma for Bank Guarantee is annexed at ANNEXURE-IV.

2.2 Release of Performance Security

The whole of the Performance Security shall be liable to be forfeited by the Employer/Engineer at the discretion of the Employer/Engineer, in the event of any breach of contract on the part of the Contractor or if the Contractor fails to perform or observe any of the conditions of the contract. On due and faithful completion of the entire work, the Performance Security shall be returned to the Contractor, subject to the satisfaction of the Engineer and expiry of Defect Liability and maintenance period of IRCON with its Client and after issuance of a certificate of making good of all defects by the Engineer in accordance with clause under the Main Contract. This shall not relieve the Contractor from his obligations and liabilities, to make good any failures, defects, imperfections, shrinkages, or faults that may be detected during the defect liability period specified in the Contract.

Where different defect liability periods are applicable to different parts of the works, the expression - "expiration of the defect liability period" shall for the purpose of this clause be deemed to mean the expiry of last of such periods.

3.0 MOBILISATION ADVANCE

3.1 No mobilization Advance shall be paid by IRCON.

4.0 SUPPLY OF MATERIALS, PLANTS & MACHINERY BY ENGINEER

4.1

4.1.1

Contractor shall make his own arrangements at his cost for all materials, plants & machinery as stated in Annexure II – D required for execution, completion and Defect Liability of all items of work included in his scope of work to the complete satisfaction of the Employer/ Engineer.

The contractor’s obligations include supply and Delivery of all the required Goods, whether imported components or Local supplies up to IRCON’s Ware house at Seremban/Tampin/Gemas, as required for execution of the project, which shall include proper Liasoning with Customs authorities and Customs



4.2

4.2.1

clearance in Port Klang at Malaysia (For Imported Goods). Contractor shall be responsible to have adequate and proper resources including Plants and Equipments and personnel for complete unloading and loading in Port Klang and transportation of goods up to IRCON’s Ware-house at Seremban/Tampin/Gemas as required. It shall also be the responsibility of the contractor to unpack the materials for Joint verification and accounting of materials with IRCON’s representative and to provide Joint sealing and further staking of materials in the space provided in the Ware house. Contractor is solely responsible for the condition of the material(s) and its use for the final objective of the project, even though the said material(s) has/have been staked in IRCON’s Ware house. Contractor shall indemnify the material(s) to IRCON before taking delivery of the material(s) from the Ware-house, for installation purpose and shall take over the material(s) duly confirming jointly with IRCON’s representative for intactness of the seal, provided while staking the material(s).

LOADING, UNLOADING AND HANDLING

Contractor shall deploy adequate resources including man power for loading/unloading the material/s from or at Ircon’s ware house and handling materials without any damage for the proper use of the material/s at worksite within the project area.

5.0 WORK SAFETY

5.1 The work is required to be executed near the existing running railway track. The contractor will comply all safety rules & regulations of KTMB, DOSH or any other statutory authority in Malaysia while working.

5.2 The contractor shall possess all valid registrations, certifications, licenses, etc. that are required/ mandatory in connection with the construction work in accordance with KTMB, Malaysian Govt. and Local Authorities, if any. Particularly all the contractor’s workers should have valid KTMB 038 Certificate in their possession while working in the KTMB’s reserve.

6.0

6.1

6.1.1

6.1.2

6.2

TAXES AND DUTIES

SUPPLY

All taxes, duties, including Customs Duty, Income Tax, Value Added Tax, Sales Tax, etc., levied by the authorities of the Seller’s/Supplier’s/Manufacturer’s country in connection with the performance of the Contract shall be borne by the Contractor.

All taxes and duties, levied on Imported components and Local supply components by the authorities of the Buyer’s country in connection with the performance of the Contract shall be borne by the Contractor.

SALES TAX, SERVICE TAX ETC

6.2.1 The Contractor shall get registered with the concerned Sales tax and Service Tax Department and submit a copy of the same to the Employer/Engineer. He shall be responsible for filing sales tax and service tax returns and assessments, as necessary as per prevalent Laws, Rules and Regulations and shall also furnish necessary certificates to Employer/Engineer from time to time.



6.2.2 Wherever certain exemptions/benefits are available on custom duty, excise duty,

service tax, Sales tax, works contract tax etc., the Contractor shall consider the same while quoting his rates. Similarly the Contractor shall ensure that whenever any benefits are available under Sales tax/Works contract tax, Service tax etc., these shall be considered while quoting the rates.

7.0 DELIVERY SCHEDULE

7.1 The supply is required to be completed within the period so as to complete the project within target.

Tentative delivery schedule is indicated as below:

PHASE Supply Period

Phase I -- 14.05.2010 to 30.09.2010 --

Phase II -- 01.10.2010 to 31.07.2011 -

8.0

8.1

8.1.1

8.1.2

8.1.3

8.1.4

8.1.5

8.1.6

CONTRACTOR’S OBLIGATION

SUPPLY

The Contractor shall supply the Materials Goods as defined in Clause 4.0 in strict conformance and in all respect with the provisions of the Contract and the specification.

The Contractor’s obligations include Design, Manufacture, Supply and Delivery of the Goods whether Imported components or local components, all the deliveries to be made at IRCON’s Ware house at Seremban/Tampin/Gemas as required for execution of the project or as directed by Engineer in charge.

During the continuance of the Contract, the Contractor shall arrange to supply all the Goods in accordance to the mutually agreed rate as communicated in LOA, subject to the Terms and conditions of the Contract.

In the event that the Contractor at any stage of this Contract is unable to perform any of its obligations on the Terms of this Contract, after 60 days notification from the Buyer i.e. IRCON, the Buyer shall be entitled to have the right to enter into another Contract with third party to fulfill the said obligation.

The Contractor shall ensure that the items supplied to the Buyer shall fully comply with the TECHNICAL SPECIFICATIONS ( as enclosed). Contractor shall ensure that the Goods supplied shall be accepted by Keretapi Tanah Melayu Berhad (KTMB), Malaysia ( “ Client “ ).

The Contractor shall also assist the Buyer i.e. IRCON to complete and submit all necessary documentation required by the Client for any arrangement.



8.2

8.2.1

8.2.2

8.2.3

8.3

8.3.1

8.4

8.4.1

8.4.2

8.4.3

8.4.4

TECHNICAL SPECIFICATIONS

The Contractor shall supply the Goods in accordance with the technical specification enclosed in the tender documents.

The tenderer/seller or supplier are required to submit the “STATEMENT OF COMPLIANCE “ clause by clause of all TENDER CONDITIONS and TECHNICAL SPECIFICATION along with this submission of tender.

Guaranteed technical particulars(GTP)

GTP as enclosed with this tender enquiry as ANNEXURE V shall be submitted along with the offer duly filled in as to confirm Bidder’s acceptance of GTP.

Design drawings, Installation & Testing Commissioning procedures, Operations and Maintenance Manual;

Successful bidder will be required to submit Design, drawings, Procedures & method statement, Maintenance manuals (which shall be used for the purpose of the project) etc., within the target indicated in the Master Implementation programme (MIP).

INSPECTION

The Buyer under his nominees (hereinafter referred as “ Inspecting Engineer” ) at his own cost, shall have the unrestricted rights of inspection of the Goods. For this purpose the Contractor shall arrange through Manufacturer/Supplier to provide free access for the Inspecting Engineer to visit the factory, manufacturing units of the Goods, to inspect the materials used, to inspect manufacturing process & quality of the materials and ascertain the Goods are being manufactured in accordance with the specification. The inspecting engineer shall issue certificate before any of Goods are shipped ex-factory. If the Inspecting Engineer does not inspect the Goods within 30 days after the Contractor’s request for inspection and shipping advice, it is deemed to waive off the right of inspection by the Buyer / Inspecting Engineer.

Contractor through Manufacturer/Supplier shall agree to provide free all necessary drawings, tools, machinery, materials and other appropriate facilities and assistance to enable the Inspecting Engineer to carry out the necessary test and inspection.

Unless otherwise specified or approved by IRCON/KTMB, all equipment shall be tested according to IEC, BS, CCITT Standards and the latest amendments if any.. Testing requirements and procedure for all the materials including spares required for the project shall be clearly indicated along with the offer together with previous sample test report/s.

One complete item of equipment of each type and rating supplied under this contract shall be subjected to type tests at Contractor’s cost as specified in the specification and the relevant standards. If the contractor can supply certified copies of type test certificates covering equipment of similar design, rating and construction the employer may waive such tests entirely.

The Contractor, confirming with the Manufacturer/Supplier shall submit the



8.4.5

8.4.6

8.4.7

8.4.8

8.4.9

8.5

8.5.1

8.5.2

8.5.3

8.5.4

8.6

Inspection and Testing Plan (ITP) {outline of the procedures and tests it plans to demonstrate fulfillment of the requirements specified in detailed technical specification} within 30 days of the issue of LOA and a testing schedule at least 45 days prior to carrying out of such tests so that the Inspecting Engineer/s may witness the tests. The Inspecting Engineer/s will participate in testing at works of the equipment Manufacturer/Supplier

If the Inspecting Engineer/s so desired, instrument to be used for testing shall be calibrated at the expense of Contractor and by a firm or institution approved by Inspecting Engineer. If an external laboratory is used to perform the test this shall be agreed by Inspecting Engineer and Contractor. Six copies of all test certificates, performance curves and data sheets shall be supplied by the Manufacturer/Supplier.

The Contractor and the Buyer shall agree that the inspection at the factory by the Inspecting Engineer will be carried out in accordance to their program to be mutually agreed upon.

Notwithstanding the above, the Buyer reserves the right to waive the inspections and it is responsibility of the Contractor through Manufacturer/Supplier to ensure that the Goods are manufactured in accordance with the specification as per Clause 8.2 herein above.

Notwithstanding the above, the Contractor through Manufacturer/Supplier shall provide the manufacturer’s Inspecting and Testing Agency to carry out the inspection and testing in the factory manufacturing the Goods in accordance with the approved Factory Acceptance (FAT) protocol and provide the inspection and test certificate certifying that the Goods have been manufactured in accordance with the relevant codes and technical specifications. The Contractor shall bear the charges and cost for this inspection.

ACCEPTANCE

The Inspecting Engineer shall have the power to reject the whole or part of the Goods if it does not confirm to the specification.

The acceptance of Contractor’s offer including his design, drawings and specification shall not bind the IRCON to accept any of the other contract works or equipment until they shall have passed the test prescribed and have been approved by KTMB (“ Client “) in writing.

In case of failure of any test the contactor shall not be entitled to any payment or to any extension of time.

The Goods upon being delivered on board ship; the Inspecting Engineer shall, at the choice and cost of the Buyer examine the same to ascertain the Goods have not been damaged in transit ex- works, and if found to be in a satisfactory condition the Inspecting Engineer shall then issue a Pre-Shipment Certificate.

GUARANTEE



8.6.1

8.6.2

8.6.3

8.6.4

8.6.5

8.7

9.0

The Contractor through Manufacturer/Supplier hereby guarantee that the Goods supplied are new, genuine and unused, free from defects in design, materials, workmanship and manufacture and not inferior in standards, quality or performance capability or differing in design, from or materials from the technical specifications.

Notwithstanding the above, the Contractor through Manufacturer/Supplier shall guarantee the performance of the Goods free from any defects in material, workmanship and fits its purpose as per the Technical specifications.

The Contractor shall guarantee all components of the Goods supplied against failure in service on account of faulty material or workmanship & quality of the component consistent with minimum design standards which shall be effective for the duration of 5 (five years) commencing from the date of issuance of Practical completion Certificate. Components which fail in service during this period shall be replaced by the Contractor free of cost.

The Contractor shall submit a corporate guarantee of a format acceptable to IRCON which shall remain valid for a period of 5 years from the date of Practical completion to guarantee the sum equal to 5% of the contract sum as security for the breach of any warrantee given by the contractor.

The Contractor shall collect from Manufacturer/Seller/Supplier a guarantee for continued support of supplying spares for at least next 10 years, in a format acceptable to IRCON, and submit along with all supplies of materials.

Deleted

COMPLETION PERIOD

9.1 The work is required to be completed within a period as specified in the Appendix to Tender from the date of issue of letter of acceptance (LOA). The work shall be completed in phased manner if specified in the Appendix to Tender.

9.2 The work has to be executed in co-ordination with other agencies working on or near the project.

9.3 In case of any delay in the completion period, the extension of the same shall be dealt as per provision of the Contract.

10.0

DEFECT LIABILITY & MAINTENANCE PERIOD

10.1 The Contractor shall provide all necessary technical support for maintenance of the new system within the project area and rectify and make good at his own cost any defect/deficiencies which may develop in the work or as notified

by the Employer/Engineer during Defect Liability Period as specified in the Appendix to Tender.

11.0 INSURANCE

11.1 In case of supply of imported components, the contractor shall provide



11.2

insurance coverage for 110% of the total value of the supply. All insurance charges from the point of delivery up to IRCON’s Ware house shall be borne by the Contractor.

Contractor’s All Risk Policy (CAR) has been taken by IRCON. The add on covers, extension, exclusion, excess, deductibles etc mentioned in the policy should be taken into consideration by the Contractor. Any additional insurance cover or risk which is not covered under Insurance Policy taken by IRCON and/ or exclusion, excess, deductibles etc under the said policy shall be on your account and should be taken into consideration by the contractor (you) in their price. IRCON shall not be responsible for any compensation to the Contractor.

11.3 Contractor’s claims, if any, shall be entertained within the scope of Insurance policy taken by IRCON. IRCON will not be responsible except providing necessary assistance to the contractor in claim settlement with insurance company within the Policy frame work.

12.0 APPENDIX TO BID

12.1 Contractor’s attention is invited to Additional SPCOC, Price Schedule, Work Schedule and Appendix to Bid attached with this tender document, the provision of which shall over rule provision anywhere mentioned in this document. All other terms and conditions of the above listed document will be applicable in full.

13.0

PRICE SCHEDULE

13.1 Rates for Items of Work to be all-inclusive

13.1.1 The rates entered in the accepted Price Schedule of the Contract, shall be all-inclusive and provide for works duly and properly completed in accordance with terms and conditions of the Contract and processes as mentioned in specifications and drawings (including revised drawings), relevant codes whether mentioned or not in the nomenclature of the item in Price Schedule. All rates quoted in the tender shall also deemed to include the followings except specifically provided otherwise in the Contract:

• All materials, labour, tools and plant, stores, centering, shuttering, etc.

• Construction/Erection removal of all temporary works.

• All watching, lighting, pumping and draining unless otherwise provided for.

• All barriers and arrangements for safety of the property, utilities, public or employees/workers during the execution of works.

• All sanitary and medical arrangements for labour camps.

• The setting out of all works of construction, repair and up-keep of all, reference markings etc.

• Site clearance except specifically provided otherwise in the Contract.

13.1.2 Nothing extra shall be payable over the quoted rates, except as specifically provided in the Contract.



13.1.3 All rates quoted in the Price Schedule shall be deemed to be inclusive of all types of direct and indirect taxes imposed by Central/State Govt. and local bodies such as excise duty, sales tax, value added tax (VAT), Works contract tax, Service tax, royalties, duties, Cess, octroi and other levies as applicable and also include all import duties. The rates shall also be inclusive of all taxes, duties and other charges imposed outside the country on the production, manufacture, sale and transport of the Contractor’s equipment, plant, materials and supplies to be used on or furnished under the contract and on the services performed under the contract. No additional amount shall be paid or claim be entertained on this account by Employer/Engineer.

13.1.4 The Contractor shall bear the cost of all royalties, fees and other payments in respect of patents, patents right and license(s) which may be payable to patentee, licensee or other person or corporation and shall obtain all necessary licenses/ permissions. In case of any breach (whether willfully or inadvertently) by the Contractor of this provision, the Contractor shall indemnify Employer, Engineer and their employees against all claims, proceedings, damages, costs, charges, loss and liability which they or any of them may sustain, incur or be put to by reason or in consequence directly or indirectly of such breach and against payment of any royalties, damages or other money which the Employer/Engineer may have to make to any persons or pay in total to the patent rights in respect of the users of any machine, instruments, process, articles matter or thing constructed, manufactured, supplied or delivered by the Contractor under this contract.

13.2 Accepted Rate applicable till the completion of work

13.2.1 The rates as per the accepted Price Schedule, shall be firm and hold good till the completion of the works, and no additional claim or amount shall be admissible on account of fluctuations in market rates, increase in taxes, levies, fees royalties etc. unless specifically provided for in the Contract.

13.3 Price Schedule

13.3.1

13.3.2

13.3.3

13.3.4

Price schedule shall be all inclusive of, including all taxes and duties up to the final stage of commissioning and acceptance by the Client. Price schedule enclosed along with the bid is only indicative. Contractor shall add any material/equipment as required and shall drop out the material/equipment from the list indicated in the Price schedule as to execute and complete the scope of work for the final objective of the project and to the satisfaction of Client.

The bidder shall indicate the quantities of various items in the given price schedule based on their design approach fully following tender requirements and Malaysian railway practices.

Maximum value of work will be as indicated in LOA and no additional payment will be made for any upwards revision in quantities actually required at the project execution stage. It shall solely be the responsibility of the bidder to methodically and meticulously workout the quantities at tender submission stage.

The cost quoted by bidder shall be inclusive of cost of documentation, training and all types of tools, instruments, test units, test equipment, special tools, plants & equipment etc.



13.4 Variation in Quantity of Items covered by Price Schedule

If there is any variation in quantities due to change in conceptual Communication and Signalling plans & layouts etc., the contractor at such revision shall justify the variation in quantities, if any. The contractor shall be bound to carry out and complete the stipulated work, irrespective of the such changes.

Any reduction or increase in quantity will be on contractor account except where increase/decrease is due to revision in yard layout, signaling layout and change in alignment.

Such variations in quantities shall be paid in the manner laid down below:

a) At the accepted rates of the contract for variation in quantities, the

contractor is bound by the rates quoted in the price schedule for any variation

of each item on either side.

b) However, overall variation in the Contract Sum shall be +/- 25%.

c) In case the variation is more than 25% in the Contract Sum, the rate of the

increased/decreased including the quantities shall be negotiated between the

Engineer and the Contractor. Provided further that for the Contract Sum

exceeding 25%, the Engineer shall have a right to get these executed from any

other agency or by his own labour, material and resources. d) The above limit of variation shall not be applicable for small value items and

no negotiations for rates for such items shall be done. Small value items shall

be those items whose sum, starting from the lowest value item, is upto 2% of

the original contract value and shall be decided between the Engineer and the

Contractor.

14.0

WORK SCHEDULE AND PENALTY

14.1 Time is the essence of contract. Penalty (Liquidated Damages) will be imposed for delay.

The Formula for applying LAD as contained in the Appendix-I of the Conditions of Contract is as follows:

LAD =

value of uncompleted portion of the work x Base Lending rate (BLR) per diem

Contract period in days

Note: BLR will be based as on the date of Letter of Acceptance as announced by Bank Negara, Malaysia

14.2 A Master Implementation Programme is enclosed. This programme can have some adjustment according to the final availability of the associated Infra/ Electrical work or due to any other reason. The contractor is required to develop further Work Break down Structure (WBS) of various activities. This detailed work program along with cash flow requirement to be submitted by the contractor as per the schedule indicated in the “Appendix to Tender”

14.3 Any delay and/or acceleration of Works against the Contractual Programs



occurred for whatsoever reasons shall be shown in the updated programs reflecting the progress of Work. In every case of delay and/or acceleration the contractor has to comment in writing immediately after realizing such a delay and/or acceleration in a separate report and in sufficient details the reasons, the impact the consequences for the Project implementation and the Contractor’s action in response of such a delay or acceleration. Especially in terms of a delay the contractor has to comment and explain in writing in sufficient details what actions he imposes to eliminate the occurred delay and at what time the progress of works shall be up to date again with the Contractual Programs.

14.4 Save for an event of Force Majeure, in the event of delay exceeding three (3) months, the Buyer shall have the right to terminate the Contract without prejudice to any other rights the Buyer may have under this contract.

15.0 UTILITY RELOCATION

15.1 The Contractor’s attention is also drawn to the presence of any services, cables, mains, pipes, signal and communication cables, etc. which may materially affect the execution of the works.

A separate contractual agency has been fixed for shifting utilities. The Communication contractor shall effectively liaise with Utility shifting contractor so as to ensure that no disruptions to utilities take place.

The Contractor shall make good, at his own expense, any damage caused solely by him to existing utilities to the complete satisfaction of and in accordance with the instruction of the appropriate Authority or utility owner concerned, and shall keep the Ircon indemnified at all times from all claims, liabilities, costs and expenses which may be brought against or incurred by the Government for or on account of any damage (whether permanent, temporary or recurring) to the said utilities. Contractor is solely responsible in case any penalty is levied by KTMB and or by any utility owner and will have provision for payment on this account. IRCON is not responsible for any payment or reimbursement in this case.

15.2 The Contractor shall have sufficient permanent officer’s liaisoing and maintaining efficient working relationship with the Authorities/Parties to expedite approvals.

16.0

BUMIPUTRA PARTICIPATION

16.1

16.2

It is mandatory to have Bumiputra participation to a minimum of 35% of the contract value in the project. .

Under this, Contractor shall employ Bumiputra organizations and or professionals to carry out specific portion of the works on a sub-contract basis. It shall also be the Contractor’s responsibility to take written approval from IRCON, prior to engaging the sub-contractor and the amount of all these participation of sub-contract portion of works, shall be at least 35% of the contract value.

It is also required that, the Bumiputra organization shall be from the list of registered Contractors maintained by the Contractors Service Centre of the Ministry of Entrepreneurial Development Malaysia or the list of registered



suppliers and professional firms maintained by the Ministry of Finance Malaysia, whichever is applicable;

17.0 WORK METHODOLOGY/ STATEMENT

17.1

18.0

18.1

18.2

18.3

18.4

The Contractor is required to submit a detailed method statement for execution of various activities of works at least three (3) months prior to commencement of the activity. IRCON reserves the right to make amendments to the method statement proposal, which will be binding on the contractor. No additional payment will be payable to the contractor on this account. However, the brief methodology statement & Work Schedule shall be submitted along with the offer.

TRAINING

Bidder shall submit a detailed training programme exhaustively covering various stages of the project for the benefit of execution, completion, testing & commissioning and handing over of the system.

Training module shall include but not limited to imparting In-house training duly supplying handouts and pamphlets on the relevant system equipment, on-job training and field training at various stages which shall include during System installation stage, Interfacing & Integration stage and Testing & Commissioning stage.

It shall be noted that KTMB designers, technicians, executives, operating personnel and maintenance personnel those who have directly or indirectly involved in the project shall be provided with training.

PMC and other consultant staff including Employer staff nominated shall also be provided same level of training for all purpose.

19.0 PRIORITY OF CONTRACT DOCUMENTS

19.1 All tender documents forming the contract between IRCON and the Contractor are mutually explanatory of each other.

In case of any conflict, discrepancy, inconsistencies, ambiguities between the various documents in the contract, the following order of priority shall be followed. However, the interpretation of Engineer/ Employer shall be final in this regard:

a. Agreement

b. Letter of Acceptance of Tender

c. Notice Inviting Tender

d. Instructions to the Tenderers

e. Appendix to Tender

f. Form of Bid

g. Additional Special Conditions of Contract

h. Technical Clarification and Request For Clarifications

i. KTMB’s observations on bid submitted by Ircon and Ircon’s remarks thereon

j. Statement of Need (SON) for Communication work



k. General Requirements for Communication works

l. Technical Specifications for Communication works

m. Conceptual Communication Design/Drawings/Layouts/Diagrams/Plans, Signaling and Alignment plan.

n. Client Documents (COC, SPCOC, ITC) – (under Main Contract )

20.0 MEASUREMENTS OF WORK AND PAYMENTS

20.1 Measurements

20.1.1 The contract shall be on Design & Built basis and Turnkey in nature and thus no extra payment shall be made for any additional item other than agreed at the tender awarding stage. The extra payment would be applicable only if there is any change in conceptual Communication and Signalling plans, diagrams, layouts etc., requiring operation of additional quantities. The contractor at such revision shall justify the variation in quantities, if any.

20.2 Measurement of work at regular intervals

20.2.1 The measurements of the work shall be taken in accordance with the contract during progress of work and at such intervals, as in the opinion of the Engineer or Engineer’s Representative shall be proper, having regard to the progress of the work. On an agreed date and time, the Engineer or his Representative shall take the on account or final measurements in the presence of the Contractor or his authorized representative. The Engineer or his authorized representative shall sign the measurements, which shall also be signed by the Contractor or his authorized representative as an acceptance of the measurements. If the Contractor or his representative fails to turn-up at the time of taking measurements in spite of notice to do so, the Engineer or his representative shall be entitled to record the measurements ex-parte and these shall be final and binding on the Contractor.

20.3 Measurement of works as per records and drawings

20.3.1 For the purpose of measuring such permanent works, as are to be measured by records and drawings, the Contractor shall prepare records and drawings at regular intervals and submit to the Engineer or Engineer’s representative for his scrutiny.

20.3.2 In case, there is a discrepancy in the measurements of work done and the measurements as per drawings, measurements for the minimum of the two shall only be accounted for, provided the executed work is acceptable to the Engineer.

20.3.3

The Engineer or the Engineer’s representative shall have the right to rectify any incorrect measurements and delete/correct any measurements if it is found at a later stage that the work is incomplete, defective and/or not conforming to the specifications.

21.0 TERMS OF PAYMENTS

21.1

Payment for the Supply materials/Goods shall be effected by the Buyer to the Contractor by means of irrevocable Letter of Credit (LC). All costs related to the establishing of Letter of Credit shall be borne by the Buyer.

21.2 The Letter of Credit shall be valid for the period commencing from mutually agreed date up to three (3) months from the contract supply date. The latest



date of presentation of the documents to the negotiable bank shall be 30 days after the date of Bill of Lading. The Letter of Credit shall mention the Contract Number.

21.3

The Letter of Credit shall be available against Contractor’s drawn at sight on the negotiable bank for the amount payable to the Contractor against presentation of the documents as provided hereinafter.

21.4

The currency of Payment would be Malaysian Ringgit (RM) only

21.5 DOCUMENTS

The following documents shall be presented for payment of materials being supplied.

Payment shall be made against the following documents:

a) 1 original and 4 copies of commercial Invoice signed by the Seller/Supplier;

b) 1 original and 4 copies of Packing List signed by the Seller/Supplier for imported material if any ;

c) 3/3 (full set) original blank endorsed marked freight paid and shipped on Board Bill of Lading for imported material if any; (Third party Bill Of Lading is also acceptable for IRCON )

d) Certificate for Country of Origin (1+5 Copies) for imported material if any;

e) Inspection Clearance Certificates (1+5 Copies);

f) Drawings, Manuals (Operation and Maintenance) if any (1+5 Copies).

g) Certificate of “Receipt of material in good condition and as per Specifications at Ircon’s Ware House/Depots”

21.6

21.6.1

ON ACCOUNT PAYMENT

The Contractor shall be entitled to be paid from time to time, by way of “On-account” bills, only for such works, as in the opinion of the Engineer, the Contractor has executed in terms of the contract. Such payments shall be made at intervals to be decided by the Engineer depending upon the progress of work. Payment shall be made only on submission of bills along with measurements and necessary documents by the Contractor for scrutiny of the Engineer. The amount certified shall account for all deductions, including statutory deductions as for sales tax, income tax, etc., recoveries for advances and any amounts due from the Contractor. Such payments made by the Engineer shall not constitute any final acceptance of the measurements. In case of any discrepancy, the Engineer shall have the right to alter, modify, reduce or diminish the quantities or classification entered in the Measurement Books. In such cases, the Engineer shall have the right to recover any amount paid in an earlier bill/bills from any subsequent bill/bills and should the amount to be recovered be more than the amount of the subsequent bills, the Contractor shall on demand from the Engineer immediately refund the amount to the Engineer within 7 days, failing which he shall have to pay interest @ zero point four (0.4) percent per month till the said extra amount is paid back by him.

21.6.2 The On-Account payment shall be made as under :

(a) Design

(i) 80% payment of Design Item shall be released sub system wise as and when designs are approved by KTMB or their authorized representative.

(ii) Balance 20% payment of design item shall be released sub system wise



on submission & acceptance of “As Built” drawings by KTMB or their authorized representative.

(b) Supply

(i) 80% of the supply value on submission of documents as detailed in para 21.1 herein above and against delivery of material at IRCON’s Ware house at Seremban/Tampin/Gemas/Kuala Lumpur or any other place as advised by Employer, as required for all the local supply materials and acceptance by IRCON’s representative

(ii) 10% of the supply value for all items will become payable against complete Installation duly certified by KTMB or representative.

(iii) Balance 10% of the supply value for all items will become payable against successful Testing and Commissioning.

(c) Installation

(i) 90% payment on satisfactory installation of equipments,

(ii) 5% on testing, commissioning, interfacing & Integration of the new system with the existing one.

(iii) Balance 5% on issuance of Completion certificate by KTMB.

21.6.3 No payment under the contract shall be made to the Contractor before receipt of performance security. The Engineer shall also be entitled to withhold payments under the above sub-clauses in case the Contractor fails to get himself registered under service tax/ labour laws or fails to fulfill his obligation under the contract.

22.0 FINAL MEASUREMENTS AND PAYMENTS

22.1 On completion of work, the Contractor shall supply all spares, software, documentation, as-built drawings, manuals, off-line systems, special tools and test equipment etc within 21 days from the date of issuance of Certificate of Practical Completion. On acceptance of all the above documents by Ircon, Contractor shall submit the final bill along with detailed measurements of work done, accountal of the materials directly paid by the Engineer and all other statements, supporting documents required for finalisation of the bill. The final bill, measurements and documents submitted by the Contractor shall be scrutinised by the Engineer or his representative and in case the same are found not in order, the Engineer shall direct the Contractor to re-submit the final bill along with all details. On receipt of all requisite details and final bill from the Contractor, the Engineer shall have the final measurements taken, recorded and signed jointly. Based on the final measurements and materials and plant and equipment accountal statements, the Engineer shall prepare the final bill.

The Contractor shall sign the Engineer’s copy of the Final Bill Account in token of acceptance of the full and final value of the works performed under the contract, and submit a “No Claim Certificate” on the prescribed proforma along with a list of unsettled claims, if any. The Engineer shall then arrange to make payment against the final bill. The Contractor shall not be entitled to make any claim whatsoever arising out of this contract, nor shall Engineer entertain or consider any such claim, if made by the Contractor after he shall have signed a “No –Claim certificate” in favour of the Engineer. In case, the Contractor



submits a list of unsettled claims along with the “No Claim Certificate”, he shall not be entitled to submit any additional claims other than those submitted along with “No Claim Certificate”.

23.0

MODE OF PAYMENT AND TAX DEDUCTION AT SOURCE

23.1 Payment by cheque only

23.1.1 All payments to the Contractor shall be made by account payee cheques unless specifically otherwise agreed by the Engineer.

23.2 Tax deduction at source/ withholding Tax

23.2.1 Income tax and Works tax shall be deducted from the payments credited/ released by Employer/Engineer to the Contractor against execution of work as per law of the land. The deductions shall be made as per prescribed rates prevalent from time to time unless a tax exemption certificate is produced by the Contractor. Amount of tax deduction shall be deposited with the concerned authorities and tax deduction certificate shall be issued by Employer/Engineer. The Employer/Engineer shall deduct at source taxes/duties under any other law/statute as may be applicable at the time of making payments..

24.0

COMPLETION CERTIFICATE

24.1 As soon as the work is completed, the Contractor shall give notice of such completion, whether of the whole of the works, or of any part of the work, for which a separate date of completion is stipulated in the contract, to the Engineer, and the Engineer, within 30 days of receipt of such notice, shall inspect the work and also arrange for carrying out of such tests as may be prescribed under the contract or ordered by the Engineer. If the Engineer notices any incomplete item of work or any defect, which is to be rectified by the Contractor, or if any part or whole of the work fails to pass the specified tests, the Engineer shall furnish to the Contractor, the list of all such incomplete items of work, deficiencies, defects, failure to pass tests, etc., and may refuse to issue a Certificate of Completion to the Contractor. If in the opinion of the Engineer the work has been satisfactorily completed and has satisfactorily passed final test or tests that may be prescribed, the Engineer shall issue a certificate of completion showing the date of completion in respect of the work. The defect liability period, if any, shall commence from the date of completion indicated in such certificate. Provided that the Engineer may issue such a certificate with respect to any part of the works, before the completion of the whole of the works, which has been so completed and/or used by the Client/Employer/Engineer. When any such certificate is given in respect of a part of the work, such part shall be considered as completed and the defect liability period of such part shall commence from the date of completion indicated in such certificate.

A final completion certificate shall be issued by the engineer on completion of the entire works and satisfactory working of the complete system accepted by the ultimate client.

24.2 Completion certificate not to absolve the Contractor from his Responsibilities

The Certificate of Completion shall not absolve the Contractor from his liability to make good defects, imperfections and shrinkages or faults, which may appear during the defect liability period specified in the contract, arising in the



opinion of the Engineer from materials or workmanship being not in accordance with the Contract. These shall be rectified and made good by the Contractor at his own cost. In case of the default on the part of the Contractor, to so make good the defects or deficiencies, the Engineer may employ labour, plant and machinery and materials or appoint another agency or Contractor, to make good such defects, imperfections, shrinkages and faults, and all expenses consequent and incidental thereto, shall be recovered from any money due to the Contractor under the contract including the Performance Security amount or from any money payable to the Contractor by the Employer/Engineer, under any other contract.

24.3 CLEARANCE OF SITE ON COMPLETION

On completion of works, the Contractor shall clear and remove from site all construction plant, surplus materials, rubbish and temporary works of every kind, and leave the whole of the site of work clean, tidy and in a workman like condition to the satisfaction of the Engineer. This will be one of the pre-conditions for making the final payment to the Contractor. Such clearance may be got done by the Engineer through any other agency at the expense of the Contractor in the event of the Contractor's failure to comply with this provision within 7 days after receiving notice to that effect from the Engineer.

As a result of post payment audit or technical examination of the works, and the final bill including all supporting vouchers, abstracts, etc., any over payment to the Contractor is discovered to have been made in respect of any work done, the Contractor will be bound to refund the same to the Engineer or may be adjusted against any dues of the Contractor. If any under payment is discovered, the same shall be paid by the Engineer to the Contractor. Such payments or recoveries, however, shall not carry any interest.

25.0 DEFECT LIABILITY & MAINTENANCE CERTIFICATE

25.1 In the contract, the expression “Defect Liability Period” shall mean the period of defect liability prescribed elsewhere in the contract, commencing from the date of completion of the works, as certified by the Engineer.

The Contractor shall provide all necessary technical support for efficient maintenance of the system and shall arrange to rectify and make good at his own cost any defects/deficiencies, which may develop in the work or as notified by the Employer/Engineer during Defect Liability Period.

25.2 The contract shall not be considered as completed, until a Defect Liability Certificate has been issued by the Engineer stating that the works have been completed and maintained to his satisfaction. Defect Liability certificate shall be issued by the Engineer, upon expiry of Defect Liability period or as soon thereafter as any works ordered during such period, have been completed to the satisfaction of the Engineer.

25.3 No certificate other than “Defect Liability Certificate” shall be deemed to constitute final approval of the work or part of the work for which it is issued.

25.4 The contractor shall be fully responsible for maintenance of portion of work undertaken by him till the time Certificate of Practical Completion is issued by KTMB or their authorized representative. However, the 24 months maintenance required to be done after issuance of Certificate of Practical Completion would be undertaken by Ircon by deploying their manpower.



25.5 The manpower proposed to be kept by the bidder during the Defect Liability Period should be clearly spelt out so as to maintain uninterrupted services.

26.0 UNFULFILLED OBLIGATIONS

26.1 Notwithstanding the issue of Defect Liability & Maintenance Certificate, the Contractor and the Engineer shall remain liable for the fulfillment of any unfulfilled obligations under the provision of the contract, prior to the issue of the Defect Liability Certificate, and for the purpose of determination of the nature and extent of any such obligation, the contract shall be deemed to remain in force between the parties thereto.

27.0

CO-ORDINATION/ INTERFACING

27.1

27.2

27.2.1

27.2.2

Allowance needs to be made by the Contractor in his resources and pricing to ensure the proper coordination of the various items incorporated for the Works. This includes the coordination of and provision of assistance for any other Contractors/ System Contractors to ensure satisfactory completion of all works within the specified time-scale and to the satisfaction of the Engineer.

Co-ordination with Consultants

The contractor is required to co-ordinate with Design Consultant at Malaysia, appointed by Ircon and Government Consultant at all stages including design/drawings submission and approval.

The contractor shall design the system drawings in detail for the final objective of the project as per the process followed by KTMB and Malaysian Standards. The contractor shall submit the design/drawings together with justification and calculations, if any, to the local design consultant at Malaysia, appointed by Ircon for validation and chopping by the Government approved Design Engineer for onward submission to Government Consultant for verification and approval. The contractor shall have to co-ordinate at all stages of design process in strictly adhering the process in vogue. The contractor shall also amend/update the comments, if any, recorded by the Design Consultant/ Government Consultant, if agreeable and to achieve the final objective of the project. Employer/ Engineer’s decision in this regards shall be final and binding on the contractor.

28.0 PRODUCTION OF VOUCHERS

28.1 The Contractor, whenever required, shall produce for examination by the Engineer, any quotation, invoice, cost or other account books, vouchers, receipts, letters, memoranda or any copy of or extract from any such documents and also furnish information and returns, as may be required, relating to the execution of this contract. The Engineer’s decision on the question of relevancy of any documents, information or returns shall be final and binding on the Contractor.

28.2 If any part or item of the work is allowed to be carried out by a sub-Contractor, the Engineer shall have power to secure the books of such sub-Contractor, through the Contractor, and shall have power to examine and inspect the same.



29.0 SETTLEMENT OF DISPUTES

All disputes or differences of any kind whatsoever that may arise between the Employer/ Engineer and the Contractor in connection with or arising out of the contract or subject matter thereof or the execution of works, whether during the progress of works or after their completion, whether before or after termination of contract shall be settled as under:

29.1 Mutual Settlement

29.1.1 All such disputes or differences shall in the first place be referred by the Contractor to the Employer in writing for resolving the same through mutual discussions, negotiations, deliberation etc. associating representatives from both the sides and concerted efforts shall be made for reaching amicable settlement of disputes or differences.

29.2 Conciliation/ Arbitration

29.2.1 It is a term of this contract that Conciliation/Arbitration of disputes shall not be commenced unless an attempt has first been made by the parties to settle such disputes through mutual settlement.

29.2.2 If the Contractor is not satisfied with the settlement by the Employer on any matter in question, disputes or differences, the Contractor may refer to the Managing Director of the Employer in writing to settle such disputes or differences through Conciliation or Arbitration provided that the demand for Conciliation or Arbitration shall specify the matters, which are in question or subject of the disputes or differences as also the amount of claim, item wise. Only such dispute(s) or difference(s) in respect of which the demand has been made, together with counter claims of the Employer shall be referred to Conciliator or Arbitrator as the case may be and other matters shall not be included in the reference.

29.2.3 Managing Director of the Employer may himself act as Sole Conciliator/ Sole Arbitrator or may at his option appoint another person as Sole Conciliator or Sole Arbitrator, as the case may be. In case, Managing Director of the Employer decides to appoint a Sole Conciliator/Sole Arbitrator, then a panel of at least three names will be sent to the Contractor. Such persons may be working/retired employees of the Employer who had not been connected with the work. The Contractor shall suggest minimum two names out of this panel for appointment of Sole Conciliator/ Sole Arbitrator. Managing Director of the Employer will appoint Sole Conciliator/Sole Arbitrator out of the names agreed by the Contractor.

29.2.4 In case, the Contractor opts for settlement of disputes through Conciliation at first stage and if the efforts to resolve all or any of the disputes thorough Conciliation fails, the Contractor may refer to the Managing Director of the Employer for settlement of such disputes or differences through Arbitration. The appointment of Sole Arbitrator shall be done by the Managing Director of the Employer as per the procedure described above. No disputes or differences shall be referred to Arbitration after expiry of 60 days from the date of notification of failure of Conciliation.

29.2.5 The Conciliation and/ or Arbitration proceedings shall be governed by the provisions of the Malaysian Arbitration & jurisdiction and as per Malaysian Court of law and the rules made there under and any statutory modification or



re-enactment thereof shall be held at the Regional Center for arbitration at Kuala Lumpur and for the time being in force shall apply to the conciliation and arbitration proceedings under this clause.

29.2.6 The language of proceedings, documents or communications shall be in English and the award shall be made in English in writing.

29.2.7 The conciliation/arbitration proceedings shall be held at a place decided by Conciliator/Arbitrator.

29.2.8 The fees and other charges of the Conciliator/Arbitrator shall be as per the scales fixed by the Employer and shall be shared equally between the Employer and the Contractor.

29.3 Settlement through Court

29.3.1 It is a term of this contract that the Contractor shall not approach any Court of Law for settlement of such disputes or differences unless an attempt has first been made by the parties to settle such disputes or differences through clauses 29.1 and 29.2.

29.4

No suspension of work

29.4.1 The Obligations of the Employer, the Engineer and the Contractor shall not be altered by reasons of conciliation/arbitration being conducted during the progress of works. Neither party shall be entitled to suspend the work on account of conciliation/arbitration and payments to the Contractor shall continue to be made in terms of the contract.

30.0 Award to be binding on all parties

30.1 The award of the Sole Arbitrator, unless challenged in court of law, shall be binding on all parties.

31.0 Jurisdiction of Courts

31.1

32.0

32.1

32.2

Jurisdiction of courts for dispute resolution shall be Malaysia.

FORCE MAJEURE

Neither of the parties shall be liable for any delay or failure in the performance of any of its obligations under the Contract to the extent that such delay or failure is caused by Force Majeure. Force Majeure shall mean any event or circumstances beyond the reasonable control of the party whose obligation it affects that renders due performance of an obligation under the Contract illegal or impractical including but not limited to decree or restraint of any government, act of God, strikes, war, riot, civil commotion, fire, explosion, flood, sabotage, blockade or embargo.

If either of the parties of the contract be prevented from executing the Contract by such cases of Force Majeure, the prevented party shall notify the other party by fax or telex within fourteen (14) days thereafter send by registered airmail to the other party for his examination and confirmation a certificate issued by the competent authority as evidence thereof.



32.3

If the effects of the Force Majeure continue for more than one hundred and twenty (120) consecutive days, both parties shall settle the problem of further execution of the Contract through friendly negotiation and reach an agreement as soon as possible.

33.0

SECRECY

33.1 The contractor shall ensure that all the information is kept totally confidential in connection with this bid and the contractor shall not disclose or divulge the same to any unauthorized person failing which Employer/ Engineer reserve the right to cancel the contract or cease further dealing with the contractor.



ANNEXURE-IV

PERFORMANCE BANK GURANTEE (UNCONDITIONAL)

To IRCON International Limited, Name & Address of Project.

[Acting through ______________________(Project Incharge) & Address of the

Project]

WHEREAS __________________[name and address of contractor] (hereinafter called “the Contractor”) has undertaken, in pursuance of Contract No.____________________ dated __________ to execute ____________________________________________________ [name of Contract and brief description of Works] (hereinafter called “the Contract.”); AND WHEREAS it has been stipulated by you in the said Contract that the contractor shall furnish you with a Bank Guarantee by a scheduled bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract; AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee; NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Contractor, up to a total of ______________________ [amount of Guarantee], ____________________________________________ [amount in words], such sum being payable in the types and proportions of currencies in which the Contract Price is payable, and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of _______________ [amount of Guarantee] as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with the demand.

Contd.P/2



PAGE:-2

We further agree that no change or addition to or other modification of the terms of

the Contract or of the Works to be performed there under or of any of the Contract

documents which may be made between you and the Contractor shall in any way

release us from any liability under this guarantee, and we hereby waive notice of

any such change, addition or modification.

This bank guarantee shall be irrevocable and shall remain in force till the end of defect liability period as defined in the contract provisions. This guarantee shall be valid up to 16th August 2014 or extended period (if any) unless there is any deduction for or on account of, any present or future taxes, duties, charges, fees, withholdings of any nature whatsoever. This Bank Guarantee shall be governed by and construct in accordance with the laws of Malaysia. Given under our hands thisXXXXXXXX (Date) Signed for and on behalf of

(Name the bank)

In the presence of :-

Witness



Annexure –V

GUARANTEED TECHNICAL PARTICULARS (GTP)

I/We, being independent contractor/JV Partner/s for the Communication

work in Seremban- Gemas Double Track Project (SGEDT Project), remain

guarantee for the Technical Particulars* of (Product Name)

____________________________________________________________

being supplied by the undersigned through product manufacturer/s (Name

of the original Manufacture)

, for the use of quality material/s including workmanship during of the

product referred to above, for a minimum period of ten (10) year**, after the

expiry of Warranty period.

*Technical Particulars of the product as supplied together with the product by the Original manufacturer in enclosed for reference. **Guarantee letter as offered by the original manufacturer is enclosed for reference.

SIGNATURE: NAME: Contractor Seal:

A. Tender Doc. _1-58

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Transcript of A. Tender Doc. _1-58