Professional Documents
Culture Documents
FOR
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
(ITQ NO: 6100017595)
CLOSING DATE: 07.04.2016 (Thursday)
=========================================================
PETRONAS Dagangan Bhd (88222-D)
Lot 93, Kawasan Perusahaan Prai, 13600 Prai, Pulau Pinang
Tel : 04-3907201/04-3867418
E-mail : rossitanor@petronas.com.my
SECTION I
ITQ INSTRUCTIONS
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 2 of 40
30.03.2016 (Wednesday)
Time
3.00pm 3.30pm
Location
Contact Person
3. SCOPE OF SERVICES
The scope of this Tender shall be in accordance with the instructions contained herein and
the following documents (collectively referred to as the "ITQ DOCUMENT"):Section
Description
ITQ INSTRUCTIONS
II
FORM OF QUOTATION
EXHIBIT I SCOPE OF WORKS
EXHIBIT II SCHEDULE OF PRICE / RATES
III
4. CONTRACT DURATION
The WORKS shall be completed in two (2) years with an option for renewal for one (1)
year calculated from the date of Letter of Award or Purchase Order.
5. TERMS OF PAYMENT
Payments shall be made by the thirty (30 th) day after receipt of the e-Invoice / invoice/
payment request / tax invoice by PDB (date of receipt excluded). If the thirtieth (30 th) day
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 3 of 40
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 4 of 40
The CONTRACT PRICE shall be exclusive of:any taxes payable under the CONTRACT;
any expenses to be incurred by the Bidder as a result of the CONTRACT in complying
with the Malaysian Tax Legislations, including the payment of all taxes assessed,
against the Bidder.
Any taxes for the performance of the CONTRACT are the responsibility of Bidder at Bidders
own cost and PDB shall accordingly withhold an equivalent amount of taxes based on the
CONTRACT PRICE as may be required pursuant to the Income Tax Act 1967.
a.
b.
c.
d.
e.
The price quoted for the services must be in accordance to the EXHIBIT II - SCHEDULE OF
PRICES/RATES segregated based on the following:Services performed inside Malaysia
Services performed outside Malaysia
Reimbursements/ disbursements inside Malaysia
Reimbursements/ disbursements outside Malaysia
Hotel accommodation charges during travels in Malaysia (if any/ required)
If installation services and training etc are to be provided free of charge, Bidder is required
to state clearly in the EXHIBIT II - SCHEDULE OF PRICES/ RATES.
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 5 of 40
Bidders is to complete his quotation in English and submit it online through SUS portal OR shall
submit them in a sealed envelope and labeled :CONFIDENTIAL PROPOSAL THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE
WORKS AT PDB FUEL, LPG AND AVIATION TERMINALS NORTHERN REGION
The submission of the proposal shall consist of the following documents and/or
information:a. Bidders covering letter relating to the Proposal;
b. Form of Quotation as per SECTION II;
c. Schedule of Works as per EXHIBIT I.
d. Schedule of Price/Rates as per EXHIBIT II.
The sealed envelopes shall not bear any identification of Bidder and shall be
addressed to:Account Services & Admin Section (ASAS)
PETRONAS Dagangan Berhad
Lot 93, Kawasan Perusahaan Prai
13600 Prai Pulau Pinang
(Attn
b.
The ITQ submission shall be deposited in the designated tender box labeled with the ITQ Title and
Number located at the above address. Bidder may submit his ITQ through registered post or
courier service but PDB will not accept proof of posting as proof of receipt.
If Bidder wishes to do so, Bidder shall label "To be received by addressee (before
the ITQ closing date)" and shall ensure that his submission is sent in good time to
be received before the ITQ closing time. Any and all risk of delay shall be borne by
Bidder.
13.CLOSING DATE OF ITQ
The closing date for submission of the ITQ is not later than 3.00pm on 07.04.2016
(Thursday).
14.ACCEPTANCE OF ITQ
a.
PDB reserves the right to reject any or all of the ITQ and to select an ITQ of its choice either in
whole or in part without assigning any reason therefore. PDB is not obliged to accept the lowest
ITQ. Bidder shall not in whatever circumstances are entitled to claim any compensation for any
cost incurred or spent in the preparation of this ITQ.
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 6 of 40
b.
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 7 of 40
SECTION II
FORM OF QUOTATION
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 8 of 40
We undertake if our quotation is accepted, to deliver the WORKS in compliance with the
specification and schedule.
4.
........................................
Name
:
(Contractors Name)
........................................
Date
........................................
Companys stamp
........................................
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 9 of 40
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 10 of 40
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 11 of 40
SAFETY REQUIREMENTS
PETRONAS Dagangan Berhad (hereinafter referred to as PDB) through Prai Fuel Terminal
takes safety related aspects seriously and accepts zero tolerances to any work safety related
incompliances and violation of safety rules and regulations in line with the ZeTo Rules &
Consequences Management. Any party found to have failed to comply to any safety related
matters will be taken action accordingly, which may include immediate permanent
termination from the contract without any further deliberation or compromise.
1.1 Safety Regulations
During the execution of the works, the Contractor is required to strictly observe and adhere
to the terminal safety regulations and permit to work / procedures issued by the respective
terminal. Therefore, the Contractor MUST assigns their representatives to any safety briefing
or technical meeting held by Prai Fuel Terminal whenever and whichever deemed
appropriate. The Contractor is also responsible to ensure that their staffs have a valid Safety
Passport issued by Prai Fuel Terminal and to renew any expired pass timely. The Contractor
is deemed responsible to ensure all the staffs hired for the said works are free from any
criminal records, blacklist free and is sound to carry out work as stipulated under Clause 3
Scope of Work. PDB reserves the right to ban anyone found with such records from entering
the terminals premises.
1.2 Personal Protective Equipment (PPE)
All personal protective equipment (PPE) is to be prepared by the Contractor at his own
expense that may include all or any the following;
i. yellow safety helmet with chin strap,
ii. safety shoes,
iii. ear muff (if applicable),
iv. leather apron (subject to current condition at terminal)
v. nitrile gloves, (subject to current condition at terminal)
vi. leather gloves, (subject to current condition at terminal)
vii. chemical splash resistant goggles,
viii.luminescent yellow vest,
ix. long cargo pants (jeans are not allowed)
x. long sleeved safety jacket, and
xi. Any other PPE deemed appropriate by Prai Fuel Terminal upon request.
All PPEs should also be of good condition, valid and certified by relevant authority i.e. SIRIM.
All worn out PPEs are NOT ALLOWED to be used and to be replaced with new ones by the
Contractor.
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 12 of 40
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 13 of 40
2.
AVAILABILITY
The Contractor should be available at ALL TIME upon request from PDB to execute the said
works. PDB will either request for services via telephone or written email to vendor at least
12 hours before execution of the works.
3.
SCOPE OF WORKS
The following flow chart at Page 15 clearly prescribed the works required to be executed by
the Contractor upon entering the Price Agreement with PDB (hereinafter referred to as the
said works). The Contractor shall also ensure proper housekeeping is carried out upon work
completion.
4.
MANNING
For the execution of the said works, a total manning of THREE (3) staffs are required at all
time. The Contractor is also deemed responsible to replace any of their staffs on leave to
ensure that the said works is carried out accordingly without interruptions.
All of the manpower shall be in within terminals premises during working hours and the
Contractor shall monitor punch cards for their own staffs to further ease monthly payment
from PDB. The Contractor shall also take necessary discipline actions against staffs who fail
to abide to the working hours.
The manning provided by the Contractor shall be of minimum Bahasa Malaysia and English
literate.
5.
WORKING HOURS
General working hours : 8.00AM 5.00PM
Working days
: Sunday - Saturday
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 14 of 40
7.
8.
MISCELLANEOUS
The Contractors staff should at all time dressed neat and tidy and should have a uniform by
the Contractor for easy recognition. In any case that the terminal users requires the
manpower of the said Contractor to carry out any other additional works related to
drumming activity other than in the said works such as relocate empty drums, rearranging
empty drums, cleaning of drumming bay etc., the Contractor will have to fulfill the
requirements. Such of activity shall be carried out by Contract and claimable under hourly
labour charges per manning under the price stipulated in Clause 11, Q2.
A probation period of three (3) months is given to the Contractor. In the event where the
terminal users found that the services or works provided by the Contractor are not of
satisfactory, PDB reserves the right to terminate the Price Agreement immediately.
In the event where the terminal users found that the services or works provided by the
Contractor are not of satisfactory, Petronas Dagangan Berhad reserves the right to terminate
the Price Agreement by giving a one (1) months notice without needing to repay any
damages fund or any sort of payments to the Contractor.
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 15 of 40
Penalty
Definition
Calculation / Consequences
Delay
2.
OP
Incomplianc
e
3.
Equipment
Malfunction
5.
Quality
6.
Attendance
Termination
of
operator
/
manning
involved
for
first
incompliance.
Repeating
incompliance
will
cause immediate termination of
contract.
Chargeable
cost
due
to
repeatable works have done
Termination
of
operator
/
manning
involved
for
first
incompliance.
The penalty amount shall be deducted from total monthly amount claimed by Contractor or at
any time where the penalty amount is more than the monthly claims by Contractor, the
Contractor shall pay to PDBs Finance within 15 days of the confirmed amount is being
published.
10. SITE VISIT
All bidders are required to attend site visit as per details mentioned in Section 1 ITQ
INSTRUCTIONS. During the site visit, all bidders are to send their representative who is wellversed with the scope of work. Also the representative should also clarify all potential issues
or questions with PDB representative on that day itself. Prior to attending the site visit, the
Contractors representative should also go through the scope of work and PDB HSE
Contractual Clauses to identify any potential questions or clarifications required in executing
the contract. The representative shall deliver the accurate message to the Contractors
management for proper and accurate price quotation for the ITQ as the quoted price is
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 16 of 40
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 17 of 40
QUOTATION
(To be submitted together with bid submission)
BASIC INFORMATION
Item
Requirements
I1. Personnel
I2. Office
Specify address:
I3. Experience
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 18 of 40
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 19 of 40
MANPOWER RATES
Supervisor, Foremen and General Worker
a
b
NO
1
2
3
4
5
6
7
8
9
10
POSITION
Supervisor
Civil
Foreman
General
Worker
Painter
Plumber
Carpenter
Welder
Draughtman
Tiler
Normal
Time
Normal
Overtime
Normal
Hour
(0800 1700hr)
Monday to
Friday
Normal
Overtime
(After
1700hr)
Monday to
Friday
Daily
Rate
Hourly
Rate
1.5 x
normal
hours
2 x normal hours
Public Holiday
Normal
Hour
(0800 1700hr)
on Public
Holiday
Daily
Rate
Overtime
(After
1700hr)
on Public
Holiday
Hourly
Rate
3 x normal hours
_________________________
TENDERERS SIGNITURE
AND COMPANY STAMP
No
ITEM
1.00
1.01
1.02
1.03
1.04
1.05
2.00
2.01
2.02
2.03
3.00
3.01
3.02
3.03
3.04
3.05
3.06
3.07
3.08
3.09
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
4.00
4.01
4.02
4.03
UNIT
UNIT RATE
m3
m3
m
m
m
m
m
m
m
m
m
m3
m
m
m
m
kg
kg
kg
kg
kg
kg
kg
kg
kg
m
m
m
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 21 of 40
m
m
m
m
m
m
m
m
m
mr
mr
mr
mr
mr
mr
mr
m
m
m
m
m
m
m
m
m
m
m
m
m
m
m
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 22 of 40
m
pc
m
pc
m
pc
m
pc
no
no
m
m
m
m
m
m
m
m
m
m
m
m
m
m
no
no
no
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 23 of 40
no
no
no
no
no
no
no
set
m
m
M2
m
m
m
m
m
m
pc
pc
pc
pc
pc
pc
pc
pc
pc
pc
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 24 of 40
pc
pc
pc
m
m
m
m
m
m
m
pc
no
pc
pc
pc
pc
pc
pc
pc
pc
pc
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 25 of 40
set
set
set
set
set
no
no
no
no
no
no
m
no
no
no
mr
mr
mr
mr
mr
mr
no
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 26 of 40
m
m
m
m
m
no
m
m
m
m
m
m
m
m
m
m
m
m
m
m
m
m2
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 27 of 40
m
m
m
m
m
m
m
m
m
m
pc
no
_________________________
TENDERERS SIGNITURE
AND COMPANY STAMP
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 28 of 40
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 29 of 40
NO
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
ITEM
UNIT
Concrete mixer 7T
Concrete vibrator
Oxy- acetylene cutter
Arc Weld set 300 Amp
Electronic Drill dia. 2mm - 38mm
(Electric impact drill)
Generator 50 KVA
Pick up, 1T
Lorry, 5T
Lorry, 10T
Static Roller 5T
Static Roller 10T
Vibrating Roller 14T
Plate Compactor
Backhoe Class F
Mobile Crane 20T
Crawler crane 35T
Excavator > 1m3
Water pump 100mm delivery
Concrete Breaker 25mm
Air compressor 375 cfm
Scaffolding (tubular type) 3 steps /
set, erected and with wheels
(external)
Scaffolding (tubular type) 3 steps /
set, erected and with wheels
(Confine space)
DAILY
RATE
PRICE (RM)
WEEKLY
RATE
MONTHLY
RATE
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1 m3
1 m3
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 30 of 40
1. Unless specifically excluded, all prices shall be in Ringgit Malaysia (RM) and shall be
deemed to be inclusive of labour, material, transport, delivery, handling, packaging,
currency exchange inflation, mobilization-demobilization, price hike and other related
charges and services necessary for the successful performance and completion of the
WORKS.
2. The price quoted by the CONTRACTOR for any taxable supplies to be made under this
CONTRACT is exclusive of GST.
...............................................
Signature & Company Stamp
Name
; .
Date
: ..
H/P No.
: ..
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 31 of 40
SECTION III
GENERAL TERMS AND CONDITIONS
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 32 of 40
"SITE" means the areas or places as designated by the PDB where the WORKS is to be
performed or delivered, as further specified in: EXHIBIT I - SCOPE OF WORKS.
SCOPE
The CONTRACTOR shall complete the WORKS in accordance with this CONTRACT and in
every respect in accordance with the directions and to the satisfaction of PDB.
2.
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 33 of 40
CONTRACT PRICE
3.1 The agreed CONTRACT PRICE for the performance of the WORKS shall be as stated
in EXHIBIT II SCHEDULE OF PRICE/RATES and shall remain firm and valid
throughout the CONTRACT PERIOD, and any extension periods thereto. The
CONTRACT PRICE shall not be subjected to change for any reason whatsoever
including, but not limited to, cost escalation, currency fluctuations or minimum
order size/tonnage.
3.2 Unless specifically excluded, all prices shall be in Ringgit Malaysia (RM) and shall
be deemed to be inclusive of labour, material, transport, delivery, handling,
packaging, and other related charges and services necessary for the successful
performance and completion of the WORKS.
3.3 No price variation shall be allowed during the CONTRACT PERIOD.
4.
4.1.1 The CONTRACTOR shall send the Service Confirmation through the Supplier
Relationship Management (SRM) Supplier Self Service (SUS) portal to the
PDB for the WORKS performed upon the completion of the WORKS as
specified in this CONTRACT for the PDBs verification and approval before
submission of the final undisputed e-Invoice (through the SRM SUS portal).
The Service Confirmation may include any amount due to the CONTRACTOR
which has not been claimed previously, as well as any claims made by the
CONTRACTOR for expenditures on the PDB's behalf.
4.1.2 Any claims made by the CONTRACTOR for items reimbursable at actual cost
under this CONTRACT or for payments made on the PDB's behalf shall be
properly itemized and shall be net of all discounts and allowances, whether
or not taken by the CONTRACTOR. Service Confirmation must be supported
by the Job Completion Ticket (JCT) to fully support such reimbursement for
verification thereof by the PDB. JCT shall include all requisite supporting
documentation such as time sheets, third party invoices and/or other
supporting data or information as is required or reasonably necessary to
support the claims, to be verified by the PDB.
4.1.3 Upon verification, the PDB may dispute and reject any Service Confirmations
that do not fulfil the PDBs verification requirements. PDB shall then notify
the CONTRACTOR to resubmit the corrected Service Confirmation together
with the requisite documentation as per Clause 4.1.2 above.
4.1.4 Should there be no further disputes, the PDB shall perform Service
Acceptance and the CONTRACTOR shall then submit the e-Invoice via SUS
portal.
4.1.5 Payments shall be made by the thirtieth (30 th) day after receipt of the eInvoice by PDB (date of receipt excluded). If the thirtieth (30 th) day falls on
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 34 of 40
TERMINATION
6.1 PDB shall have the right to terminate the CONTRACT upon giving seven (7)
calendar days notice in writing to CONTRACTOR if:(a) CONTRACTOR commits any breach of his obligations under the terms and
conditions of the CONTRACT;
Or
(b) it is discovered that CONTRACTOR or his agent or any person employed by him
or acting on his behalf had engaged in any illegal means / malpractice's for
doing or forbearing to do or for having done or forborne to do any act in relation
to obtaining or executing of this or any other CONTRACT with PDB.
6.2Upon such termination, PDB shall be entitled to recover from CONTRACTOR the
amount of any loss and damages resulting from such termination.
6.3Notwithstanding Clause 6.1 or any other inferred provision of the CONTRACT, PDB
may terminate this CONTRACT either in part or in total by giving seven (7) calendar
days notice in writing to the CONTRACTOR. In the event of such termination, the
liability of PDB to the CONTRACTOR shall not exceed the audited amounts properly
payable in the case of the WORKS completed in accordance to the work description
in the Bill of Quantities, or schedule of rate basis, or in the case of a lump sum
amount, the percentage of the WORKS completed at the date of termination when
termination is to be effective. PDB shall not be liable to CONTRACTOR for any claim
for loss of anticipated profits or damages for, an account of, or arising from any
termination of the CONTRACT by PDB.
(c) having done or forborne to do any act in relation to obtaining or executing of
this or any other CONTRACT with PDB.
6.4Upon such termination, PDB shall be entitled to recover from CONTRACTOR the
amount of any loss and damages resulting from such termination.
6.5Notwithstanding Clause 6.1 or any other inferred provision of the CONTRACT, PDB
may terminate this CONTRACT either in part or in total by giving seven (7) calendar
days notice in writing to the CONTRACTOR. In the event of such termination, the
liability of PDB to the CONTRACTOR shall not exceed the audited amounts properly
payable in the case of the WORKS completed in accordance to the work description
in the Bill of Quantities, or schedule of rate basis, or in the case of a lump sum
amount, the percentage of the WORKS completed at the date of termination when
termination is to be effective. PDB shall not be liable to CONTRACTOR for any claim
for loss of anticipated profits or damages for, an account of, or arising from any
termination of the CONTRACT by PDB.
7.
ISSUING OF LETTER OF AWARD
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 38 of 40
9.
10.
11.
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 39 of 40
i.
CONTRACTOR shall be responsible for the ensuring that all wages, fees,
contributions, social security, charges and taxes required to be paid by
CONTRACTORs personnel are paid as required by the relevant applicable law;
ii.
CONTRACTOR shall ensure that all appropriate deductions are made from the
wages of suppliers personnel in respect of taxes, employee social security and
other contributions including where required workmen compensation insurance
contributions; and
iii.
11.6
For avoidance of doubt, Tax or Taxes as mentioned above shall include
but not limited to all income, profit, withholding, franchise, excess profits, royalty,
other taxes, personal property taxes, employment taxes and contributions imposed
for that maybe imposed by law, regulations or trade union CONTRACTs, which are
imposed by or on behalf of any taxing authority and includes penalties, interest and
fines in respect thereof.
11.7
For incoterms other than DDP, the CONTRACT PRICE shall exclude Custom
Charges payable under this ITQ.
11.8
For incoterms of DDP, the CONTRACT PRICE shall exclude Custom Charges
payable under this ITQ.
11.9
For avoidance of doubt, Custom Charges as mentioned above shall include
but not limited to any import duty, surtax and any other statutory imposts levied,
which are imposed by or on behalf of any Customs Authorities but does not include
penalties, interest and fines levied due to the negligence of the CONTRACTOR.
12.
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 40 of 40
13.
i.
The ITQ shall also exclude Sales Tax payable under this ITQ.
ii.
Sales Tax as mentioned above and in the ITQ DOCUMENT refers to the duties
and imposts charged pursuant to the Sales Tax ACT 1972.
13.2
i.
The CONTRACT PRICE shall include Sales Tax payable under this ITQ. The price
quoted must clearly segregate and identify the sale tax values for goods
purchased locally and good imported for the ITQ.
ii.
Sales Tax as mentioned above and in the ITQ DOCUMENT refers to the duties
and imposts charged pursuant to the Sales Tax Act 1972.
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 41 of 40
This Clause shall only apply upon the enactment of the Goods and Services Tax Act
2014 (Act) in Malaysia and upon the Act coming into operation on a date
appointed by Minister by notification in the Gazette [Goods and Services Tax 2014
Appointment of Date of Coming Into Operation]
14.2
The price quoted by the CONTRACTOR for any taxable supplies to be made under
this CONTRACT is exclusive of GST.
14.3
Where Goods and Services Tax (GST) is applicable to any supplies made or
provided by the CONTRACTOR under
this CONTRACT, the CONTRACTOR (who is a Taxable Person under Section 2 of
the Act) is entitled to charge
GST on the payment of the supply. The consideration for such supply will be
increased by an amount calculated as:
AxR
Where:
A is the amount of consideration payable for the supply; and
R is the applicable rate of GST Sales
14.4
ii.
b. where a taxable supply has been made and consideration charged but the
applicable GST has not been charged, the increase in the consideration required
by Clause 14.3 shall be paid by the PDB upon the provision of a tax invoice by
the CONTRACTOR in accordance with the GST law.
Where costs incurred by one party are to be reimbursed by another, the amount
to be reimbursed shall be calculated net of any GST input tax credits that the
party seeking reimbursement is entitled to in respect of the cost incurred.
14.5
Where costs are paid by one Party on behalf of the other Party
(disbursement to 3rd party) the amount to be refunded to the Party, who made the
payment on behalf of the other Party, shall be inclusive of GST paid. All
documentation for disbursement must be in the name of the Party on whose behalf
the payment was made by the other Party.
For avoidance of doubt, GST as mentioned above refers to the tax imposed on goods and
services supplied in Malaysia as set out in the Goods and Services Tax Act 2014 which is
coming into operation on a date appointed by Minister by notification in the Gazette
[Goods and Services Tax 2014 Appointment of Date of Coming Into Operation].
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 42 of 40
15.
Business Conduct
15.2.1 The CONTRACTOR shall comply with the relevant parts of the
PETRONAS Code of Conduct and Business Ethics, Country Supplement,
other applicable rules, regulations, policies, procedures, guidelines and
requirements as updated by PETRONAS from time to time in the
performance of the WORKS. A copy of the PETRONAS Code of Conduct
and Business Ethics and Country Supplement can be obtained from:
http://www.petronas.com.my/aboutus/governance/Pages/governance/code-of-conduct-business-ethics.aspx
15.2.2 The CONTRACTOR shall ensure that all ASSOCIATED PERSONS who
perform WORKS in connection with this CONTRACT comply in all relevant
part with the PETRONAS Code of Conduct and Business Ethics, Country
Supplement, other applicable rules, regulations, policies, procedures,
guidelines and requirements as updated by PETRONAS from time to time.
15.2.3 From time to time, at the request of PDB, the CONTRACTOR shall
confirm in writing that the CONTRACTOR and the ASSOCIATED PERSONS
have complied with the obligations imposed upon it in this Clause 15.2
and provide any information reasonably requested by PETRONAS in
support of the compliance obligations.
15.2.4 In the event that the CONTRACTOR and/or the ASSOCIATED
PERSONS refuse, fail and/or is negligent in complying with the provisions
as stated in this Clause 15.2, PDB may, without prejudice to any other
remedies available to it within this CONTRACT or under the laws, take any
such action as deemed necessary including termination of this CONTRACT.
15.3
Conflict of Interest and Fighting Corruption and Unethical Practices
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 43 of 40
promptly report any request or demand for any undue financial or other
advantage of any kind received by the CONTRACTOR in connection with
the performance of this CONTRACT and take such steps in response to
any such request as PDB may require;
16.1
The CONTRACTOR shall comply with all applicable Health, Safety and
Environment (HSE) laws and regulations pertaining to safety, health, environment
protection and fire protection, which are applicable to the location where the
WORKS are being carried out. The CONTRACTOR shall also comply at all times with
the requirements as set forth by PDB in its HSE Management System (HSEMS),
policies, operating standards, site HSE requirements, PDB Zero Tolerance Rules
(ZeTo) and any special instructions and all requirements stipulated in this
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 44 of 40
HSE Recognition
The CONTRACTOR shall work closely with PDB to develop the most appropriate HSE
recognition program for this CONTRACT. Such HSE recognition program shall
provide a structured means to periodically reward and recognize those personnel
who have contributed in making the SITE a safe work place. HSE incentives will be
based on merits, active participation, and the achievements of HSE performance
targets.
16.3
The failure of the CONTRACTOR to comply with PDBs applicable HSE requirements
shall be deemed as a default by the CONTRACTOR and shall constitute a breach of
this CONTRACT.
16.4
PDB shall have the right to prohibit commencement of the WORKS or to stop any
WORKS in progress on HSE ground if (without limitation) materials, construction
equipment, the CONTRACTORs personnel (whether procured by the CONTRACTOR
from third parties or supplied by the CONTRACTOR) or work conditions are
considered to be unsafe or not in compliance with PDBs HSE rules and/or
requirements. The CONTRACTOR shall without reservation remove the unsafe
materials, construction equipment, the CONTRACTORs personnel or work
conditions prior to seeking PDBs permission to resume or commence the WORKS.
Any costs incurred by the CONTRACTOR as a result of any delays or actions taken
or required which arise in any way in connection with this Clause and/or the
WORKS stoppage, shall be at the CONTRACTORs sole expense and shall not entitle
the CONTRACTOR to any compensation thereof.
16.5
16.5.1In the event the CONTRACTOR fail to comply with any of the HSE
requirements. The PDB shall be entitled to withhold amounts from payments
due to the CONTRACTOR under this CONTRACT until the CONTRACTOR
rectifies the non-compliance to the satisfaction of PDB whereupon PDB shall
immediately release such sums withheld to the CONTRACTOR (without any
interest imposed thereon).
16.5.2In the event the CONTRACTOR fails to take appropriate remedial action or
refuses to remedy or remove the causes for withholding such payments
after delivery of written notice to the CONTRACTOR by PDB, PDB shall be
entitled to cause the same to be remedied or removed on its own and may
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 45 of 40
THE PRICE AGREEMENT FOR THE CIVIL MAINTENANCE WORKS AT PDB FUEL, LPG AND
AVIATION TERMINALS NORTHERN REGION
Page 46 of 40