Department of Irrigation and Drainage

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

GOVERNMENT OF MALAYSIA

DEPARTMENT OF IRRIGATION AND DRAINAGE

Form of Tender

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

Tender for:

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

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

To

Ketua Pengarah,

Jabatan Pengairan dan Saliran Malaysia,

Jalan Sultan Salahuddin,

50626 Kuala Lumpur.

Sir,

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

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

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

Ex Stock:RM…………………………….

Or

PAK/FOB:RM…………………………….

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right to accept or to refuse this tender, the undersigned agrees that this tender shall remain valid and shall not be withdrawn within ninety (90) days from the final date for submission of tenders and agrees that no other term, condition or stipulation shall be imposed by the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

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

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

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

1. The undersigned agrees that;

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

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

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

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

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

B/1

Conditions of Tendering

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

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

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

(a)The Form of Tender

(b)The following documents duly completed in duplicate for each item tendered

(i)The Schedule of Prices ( Doc. G )

(ii)The Schedule of Technical Information ( Doc. J )

(iii)Technical Specification ( Doc. F)

(iv)Document H1 ( Particulars of Tenderer, Part 1 )

(v)Document H2 ( Particulars of Tenderer, Part 2 )

(c)The following Appendices prepared by the tenderer in duplicate for each item tendered

(i)Appendix I – Manufacturer’s Specification:

All necessary particulars of manufacture’s specification in amplification of the information given in the Schedule of Technical Data ( Appendix ‘C’) must be given together with any necessary explanatory drawings.

(ii)Appendix II – Manufacturer’s Guarantee or Warranty Conditions:

The full guarantee or warranty conditions of the manufacturer’s must be given.

(iii)Appendix III – Retail Price List for Spare Parts:

A comprehensive retail price list for spare parts of each type equipment or plant offered must be given. The price discount, if any, for future supply of spare parts to the Government must also be stated.

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

1. It shall be the sole responsibility of the tenderer to scrutinize the Tender Documents supplied to him and satisfy himself that they are exact copies of those included in the Tender Table Documents. In the event of any difference or discrepancy being found between any such Tender Documents supplied to him and those in the Tender Table Documents or between any documents included therein, it shall be the sole responsibility of the tenderer to apply in writing to the officer receiving the tenders to have the difference or discrepancy rectified. The said officer may rectify the difference or discrepancy by way of a Tender Memorandum not later than seven (7) days before the final date fixed in the Tender Notice or any extended date for the submission of tenders. Such Tender Memorandum shall become part of the Tender Documents and tender received will be deemed to have been based on the explanations, modifications or extension to the original documents that they contain.

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

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

(c)Any tender delivered after the stipulated time, arising from whatever cause will not be considered.

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

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

1. If any tenderer shall:

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

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

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

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

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

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

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

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

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

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

B/1