17. Compliance with Employme,ntOrdinance 1955 etc.

In the emDiovmentof workmen for the executionof this

Contract. the Contractor shall comply Complia ncc
and shall cause'hissub-contracto,"fln.Juo-g "labour only"
sub-contractors)and NorrLinatedSub- Emplotmcnl

iiliix:El,it:?iBit1,*o1lj#J,,'i1;'J,.j5lffi1%,5T;;:Ji;1
",.,'Jlitt.::"'lti:i""""x:
relatingto the empioymentot-*o.tn.n, or any subsequenr
rnodification
C r r r rn r r n r c
1 9 5 5E t c .

1?Ul"-::1::f,rh,.:law
vr re v1r4e!r"v'r c'greof. Provided that the Contractor shail not be entitled io uny claim for
additionai costs and payments whatsoeverin r.sp;;;i hi;;;;;""..?ir["iirir"doiririoo.

18. Days and Hours of Working;

No work shall be done on:
Days and
hoursof
(i) the weekly day of rest; working.

(ii) any public hoiiday which is recognisedin the

district where this Contract is being carricd
out; or
(iii) between the hours of six jin the evening and six
in the following morning;
without the written oermission oi' the S.O. proviCed_that when such written
appiicarion of the
C-ontractor is approved by the sil. in. c"oiracror shall .o-pty fully with all
the requiremenrs
of the Emptoym-entordinance 1955 in;;;;t-ih.r;-;.;;i suu#quent -oJin.uiiol or re_
enactme't ttrereof and shall bear irny cosn f-or compiiance therewith.

19. Foreman and Assistants

--I3l::t^"o*".Tjse lrovided elseq'herein this Cootract, the Conrractor shall keep corrstantly on Forcman and
toc )lte ot ue works a competent general foreman and such assistantsin each tiade
as may be 4sistuts.
necessary.who must be capable o:[ reqeiving instructions in Bahasa Maliysia
ot Engfitn, and in
aq{l"Jl they shall be supplied-bythe Goveriment and all wages and ottr.iexp.nses-l"n-conn.ction
with, the employment of such foien:an shall be borne solely U! tfre Contractor.'
-the-.purpose Suctr for,:man shall
be cleemed to be the Site. agent.of the Contractor-for of this Contiact and any
directions, expianations or insiructions given to such foreman U'y-in" S.O. shall be deemr:d
to have
Deen gtven to the Contractor under this Contract.

20. Wages Books and Time Sheer

The Contractor shall keep_and shall cause his sub-contractors (including "labour only." sub-
wascs
books
*
contractors) and Nominated Sub-cc,otractorsto.keep proper wages books uoi ti-r steeis iiro*ing ';J'G;
w3ges paid to and the. time worked by all workmeL employea iy him and his
iub-con.rr"oors as
aforesaid in and for t-he performarrce-of this Contract i"a'r[uii produce tu-rr *ug.i books and
tirne sheetson demand foi inspection by any.persons duty auth-risla uy tne-
b o. un?itrott furnjsh
to the S.O. or S.O.'s Representativesuch'iiformrttion iefating-to tni ;;g;r-;J.ooaitions ot
employment of such workmen as rle s.o. may from time to fime require.

21. Ilefault in Payment of lVages

In the event of default being made in the_payment of any money in respect of wages, a claim
Dcraurrin
of which has been filed in an office of the Dip'arunent ofl,uU*t,'and/or'paymint ii.espect of F"l_-""i6r
Employee's Provident Fund Contn.butions of iny wortmen emptoyea'uy hci cont.u.to-i'J-'nY' waecs'
sub-contrac-tors(including "labour only" sub-coniru.torii uod- Ntminated Sub-contractcrrsin and
performance of tlis Contract, 6en
lot F.. 4e S.O. na"iog-*tirn.a nimseff witir tfie lroof rhereof'
him may, upon the failure of the contracr;; to
lyry:l"d ,tq ;;.; the saiJ ron.y, ,'ut., poy*.ot
ot such claim to the Director-Genr:ral of Labour and/or Eniplbyee's provident'Fund gbaid, as
the. case may b-e,
9Yt of any monjes at any time due io the tontr".tot under this Contract and
such-paymest shall be^deemedto be a palmeD.t
- made to the Contractor by tha Government under
and by virtue of this Contract.

22. Discharge of Workmen

The Contractorshall_only_emplo.y such technicalstaff, foreman. artificersand labourerson the Discharyc
Works as are th.oroughlyrcfficieit a.nd.ofgood character.If, in the rof. opioioo-;i-th" S.O. any of workmco
lE Uy the Contractormisconductshimself or has causedAri"ys
:l_.^*!loY{,when or-ii inc,ompetent,
'ru.h
the Contractor so directed.
by the S.O.-in writin_g.shall at once remove p.rro* fr6m the
Works and he shall not again be-emplolg-don the i?orks without trr" *1t-.r pJ""irtion-of the
S 9 .Aoy person so removedfrom the Works shall be replaced*itloui-a.ray'b-i ; competent
substituteapprovedby the S.O.Providedthat rhe Contracroisball ooiUr.otitrJ to'any clai'mfor
wbatsoeverigcurred by hirn ia iespect of a.ny direction gi"en UiGa S.O.".r.c.de;this
:,1y_,",1p^.:t.
(;fll0lUOA.
 23. Access for S,O. to the Works etc.
Acess for The S.O. and iS.O.'sRepresentative shall at all reasonable times have access to the Works
S.O. to tbc
Works crc. and Site and' to the workshopsor other places of the Contractor where work is being prepared
for tiris Contract anci where work is beine so prepared in workshops or otier places of a sub-
contractor or a NominatedSub-contractor,"theConrru.tor shall, by i t':.m in the sub-contract,so
far as possiblesecurea similar rigirt of accessto those workshopsor places for the S.O. and S.O.'s
RepresentativeanrJshali do all things reasonably Decessaryto make such right effective,

24. Variations
Powcr to (a) The S.O. may at his absolute discretion issue instructions requiring a variation and he
order aDd
subsequcnt may confi.rm in writing pursuant to Clause 5 (c) hereof any oral instrucrion requiring a
conf matioa. variation to the Works. No variation required by the S.O. or subsequently conirmed by
him shail viriate this Contracl
De6sition (D) The terrn "variation" means the alteration or modification of the design, quaiity or
of vanalroq. quandry of the Works as shown upon the Contract Drawilgs, Bills of Quantities and/or
Specificati,rn,and includes the addition, omission or substiturion of any work, the altera-
tion of th,=kind or standard or any of the materials or goods to be'used in the Works
and the removal from the Site of any work, materiais or goods executed or brought thereon
by the Contractor for the purposes of the Works other than work, materials or goods
which are not in accordance with this Contract.

25. Measurement and Valuation of Works Inclucling Variaiions

Valuation (a) Ail varialions authorised or subsequently confirmed by the S.O. in writing in accordance
ol variatior&
with Claus;e24 hereof shall be measured and vaiued by the S.O. The valuation of variations
and measuredworks shall be made in accordancen'ith the provisions hereinafter provided.
Quantities (D) Uniess wh.erethe quantities of the Works or any part thereof are stated as "provisional"
which arc
cooclusivo,. in the Biils of Quantities such quantities are conclusiyg:and not subject to remeasuremenl
For purposesof valuation of variations in respect of the said S'orks or part thereof where
the quantities are conclusive, unless previously or otherwise agreed, such valuation shall
be made in accordancewith the following rules :
(i) The rates in the Bills of Quantities after adjustment if necessary as provided in
Clause 24 (e) hereof, shall determine the valuation of wo::k of similar character and
executedunder similar conditions as work priced therein;
(ii) The said rates, where work is not of -similar character or executed under similar
conditions as aforesaid, shall be the basis of rates for the same, so far as may be
reasonable,faiiing which a fair valuation thereof shall be made by the S.O.;
(iii) The rates in the Biils of Quantities shall determine tle .raluation of items omitted,
provided that if the omission substantially vary the conditions under which any
remariningitems of work are carried out, the rates of such remainiag items shall be
valur:d under rule (ii) of this sub-clause.
Pmvisiona, (c) Where the quantities of the Works or any part thereof are stated as " provisional" in the
qurnti tica.
Biils of Quantities the amount to be paid to the Contractor in respect of the said Works
or part thereof upon the completion of this Contract shall be ascertained by remeasure-
ment and valuation oi the Works including any variation eruthorised or subsequently
^^-6*-A
wvrrurr^reu -y the S.O. in writing under Clause 24 hereof, as they are actually executed.
L,,

The vaiuation of such remeasured works including any variation shall be in accordance
with rules (i) and (ii) of sub-clause (b) above.
Da]ryorks. (d) Where work cannot properly be measured or valued the Contractor shall be allowed day-
work price, plus fifteen per cent, which shail include for the cost of all ordinary plant, toois,
scaftolding;,supervision and profrt. Provided always that as a condition precedent to any
right to any pa)'ment the Contractor shall produce vouchers,,receipts and wage books
specifying the time for labour and piant employed and materials used to the S.O. not
exceedingseven(7) days after the work shall have been done. Unless otherwise provided
in the Bills of Quantities the day-work prices for lhe purpose of this Contract shall be
taken to mean the actual net ccst to the Contractor of his materials, plant .and labour for
the work concerned.
Mea.3ur"BGa.L (e) The S.O. shall when he requires any part or parts of the Works to be measured give
reasonablenotice to the Coirtractor who shall attend or send a qualified agent to assist
the S.O. or S.O.'s Representative in making such measurement and shall furnish all
particulars required by-the S.O. Should the Contractor not attend or neglect or omit to
-lhe then-the measurement made by the S.O. or approved by him shall be
iend such agent
taken to tre correct measurement of the work. The Contracfoi shall b6 suppiied with
a copy of the measuredbill in respect of the said part or parts of the Works.
Ad jusrmat
to cosrrst
- The amourntto be allowed in respect of variations, as ascertainedunder the provisions of
(f)
this Condition shall be added to or deducted from the Contract Suo as the case may bc.

10
 26. BiIIs of euartities
(a) The Bills of Quantities
shall form
hereof'thequaiity -part of this contract. subject to clauses g (c) ana 15 8",i,or
oi th. *o*,
".4 A;;;ry tt' sittr-"it"o*"u,ii'
be'thatle-t-;;;'i" Io"'t.'.*..uted under,-hii--con,ru.r
shar, Fi;:..,
B'""{;:I'!"H. *hi; ,i,iii ui'lir! basrs
or r.re
(6) The Bills of Quantities,unless
otherwtj.-:I!-..rr,ly sraredin respectof any specified
or items'shailbe deemedto-ttuu. be-en preparea-in irem s,.,a""a
standard Method or Mi"tu....1t""j-t","^*ilw;;ff u."o.au";";i;.t!."'iLn"ir.,t".,'.,,p
as pubrished by the
Merhodor
16" il:ffL3t,
Surveyors(lr4aiaysia) to, ui"-ln j.vr.araysra. H:tl;ii|t"""?
(c) where quantities-are statedas "prov,isional".
ot r'rtework but they 'arenot to b'e.taken such quantitiesare the estimatedquantitiesprovisional
as th;;ff;nd..correct!"""iili*Jor the works .aJT"T:j
to be executedby the cot ti".toi in
fulfiiimenl;f il obiigationsunder trre uonrracl
(4ot:;:oJ,e..jTf bcEsrina-

srgnlngof 18'?riiffift'l'1p".t
$:'*:il t.,,',"f#',,ji1olJ"*"":;,;;fii";JlJ
this Contractbe adjustedur tnr-s.ci.'-uy
f,ill"*,
rl oelorethe SioG.
r.orooubiy require.
(ii) Any adjustment of the.pricesu.o-d/o,rates
paragraph(t) above and anv arithmatical in the Bills.of euantitiesrequiredunder
..ror oi omissioni":G.'nirrr"of euantities
shallbeforethe-signingof thls cont*.i-!. *...lln.o and adiustedthar when
caiculated,
thetotil airounti" G i;;;d correnirw
;iif;-Bil'ilqr-6".#,i;,.;r'Jti:|,:?T.'r'.1i1
the sameamo-untrnsthe tenderamount in'the
shownin the Form of rendei tirurr ..-"io'fi;ft F".tt "t render. The tender amouut.
the differeucebet$/eentha totai adjustiJ ;;;;fu but the oett aggregare amountof
Quanritiesand the tender *qyti, ihown the summaff ,j'i ti,. Bils of
-*r."I"ftln th.- Form of rendei, whether a
deductionor nett ^ddition' ihuil u" nett
amounrshownjn the Summaryof tire gilis-oi ;; a percentageof the total adjusted
tliroughoutthe Bijrs of euaniities 6uuot ri.s and ali pricesand/or rares
6; ;;b;;
.$art _to sugh p.r.enrage discountsor
premiumsas the casemay be. provided-atway;;i;;ptriri*ui-ffi'pfr';.
sictr.cat.ui;;;;;;;';mii'oo, Cost Sums
;i,^.|ff f i',:11"[:rn u" ilj#j" ;il percentase
27. Sub-Letting and Assignment
(a) Except'where otherwise p-rovided
whole or anv part, of the
'worla .b.y this contract the contractor shall not sub-let the coc"nrnr
;iti";"thJp;d;:;ii1:a consent of the s.o. which shall rbcs.o.
not be unreisonab.ly o'iirrrr.lJ*to'the prejudir.-"r
given' shail not relieve the contric"t?rI"n,,";; ih.-contractor, and su,:h consent, if
riluility
and he shall be responsible.for the due observance or obligation under this conrract
terms, stipulations and conditioor un-a*- tli;^ by such sub_contractorsof all the
c;;;.#- The conrractor shalr arso be
responsible for the acts, defaults or neg.lects
oi-u'nf-suu-contractor. (including in this
instance, "labour only" iub-contru.torij, ii
1g.",*^'i.rvants or workmen as fuly as if
they were the acts, de?aultsor neglectsoi.trr.
cZnii".ai i,r, agents, serva'ts or workmen.
Provided always that the provisiSn oi i;fi.;^;-pli'..*ort
to be a subJetting under tlis conoruon- 'wura basis
uasrs snatl
shal not
D{)t be deemed
(D) It shatt be a condition in any sub-letting
which may occur. that the employment.of the
sub-contractorunder the sub-6ontr".i rnir_i.i..-ii.'iriir.at"l.i;
-co-n;;;;"n;;. Detcmirari.o
of ttre Contractor'semplolment una.r itir ,r;"";ffi"dit.rroiouton 9l_,r!:.
Falracr.
by the contractor anl/6r sub-contractor againJ crarm whasoever s;hall be made
G.-'cou.-ment for auy work done
and/or materials'or gocrdssupplieO.
(c) Att sub'contractors employed--in connection
with the works shall be errLployedfror'
within the Distrjct wher'e the works ar. siruated E-o,or-"n,
anJ-*h.r. such sub-contractors are not orsub-
available in the said District, then fr.om ;ithi;-#:tli. coolnclort
. *h.r. the works are siruated.
This provisionmay be varied onty with-th;;;d;
i'ii!", of the s.o.
(d) The contractorshall not assignthis,c?:llTt
or.anypart thereof,or any benefitor inrerest
therein or thereunder,othenfrsethen by ;way of aisilnment in favour As*nmeor
bankersor any financiaiinstitutiono. b;rp6r;;;";ffi; of the contractor,sorboc6tr.
under this contract, without the prior wntten consetrt monies due or to becomedue
of the Govemmenl
28- Nominaterl sub-confractors and/or Nomiuatedsuppriers
(a) Atl speciaiis8,merchants,tradesmenand others
executing any_work or seryices,o!
suppiyingany materialsor goodsfor which prim.-cosi sums (or ,
p.C. Sums)are rncruoeo Dc'nitioa.
in the Bills of Quantitiesdr for *tti.tt ttti so.-rr"r gii.n.
f!e tue
*.itt.n ilril;i;;; in regard
n ha
tr'\Psuuirure
--^.-'l
of Pr,cvisional-ruppii.t,
Sums,.who may beithnut4
declaredio be.-sub-co"ti""ioiiot by the S.O. are hereby
;,npl'"y;; li ti,. contracror anrr are hereia
referred to as "|'Ieqlsated sub-contradtiit';-or-;'froi:iuto
supplierE,,,as the <aseoay bc.
11
Nomin3tirou (D) The S.O. or the Contractor if so instructed in writing by the S.O., shall obtain tenders for
. Nominated Sub-contractor'swork or services,or for the supply of materials or goods iD
respect of which Prime Cost Sums or Provisionai Sums are included in the Bills of
Quantities as aforesaid and tbe Contractor shall on the written instruction of the S.O.
enter into such sub-contracts with the Nominated Sub-contractor or Nominated Supplier
as the case may be and such sub-contractsshall be in the form as refened to in sub-clause
(c) (ii) of this Condition.
Obicclion to (c) The S.O. shail not nominate as a sub-contractor or a supplier in connection c/ith the
noninatiog.
Works:
(i) a per:;on against whom the Contractor shall make in writing within fourteen (14) days
of the S.O.'s instruction under sub-clause (b) hereof what the S.O. considers to be
reasonableobjection; or
(ii) a per:;on who wiil not enter into a sub-contract with terms anci conditions as provided
in th: Government standard form of sub-contract for Nominated Sub-contractor
(Form PWD 203N) or for Nominated Supplier (Form PWD 203P), as the case
'5e.
may
PowcE (d) If pursuant to sub-clause (c) above, the Contractor is not required to gnter into a sub-
fol.lowiqg
objccdoa.
contract with a Nominated Sub-contractoror Nominated Supplier, as the case may be,
the S.O. shall do one or more of the following:
(i) nomirrate an alternative sub-comtractor or supplier, as the case may be, in which
case sub-clause (c) hereof shall apply;
(ii) by order under Clause 24 vary the Works or the work or services, materials or
Coods,the subject of Prime Cost Sums or Provisional Sums as aforesaid. including
if uecessarythe omission of auy such work or services, naterials or goods so that
they :lay be provided by workmen, coutractors or suppliers, as tle case may be,
emplc,yed by the Government either concurrently with the Works or at some other
date:
(iii) in accordance with Clause 30 ({ an'auge for the Contraotor to execute such work
or services, or to supply such materials or goods.
PaymcDt trt (e) Interim Certificates of the S.O. i:r favour of the Contractor uncler Clause 47 hereof shall
Nomiratcd
Sub-con-
state separately the amounts in each certificate due to each individual Nominated Sub-
lraclor or coatractor or Nominated Supplier as the vaiue of their work or seryices,materials or goods
Nominarcd
Supplicr. executed or delivered at the relevant date under the said Clause, which amounts shall be
paid by ther Contractor to such Norninated Sub-contractor or Nominated Suppliers within
fourteen (14) days of receipt by the Contractor from the Government of the amounts so due
under the certifi.cateof the S.O. Provided that the Contractor is entitled to deduct any sum
due to him by the Nominated Sub-conFactor or Nomiuated Supplier.
Payment (/) Provided always that before issuing any certificate uuder Clause 47 bereof, the S.O. shall
be entitled to demand from the Contractor reasonable proof that all :mounts included
in previous certificates in respectof the total value of woik or seryices,materials or goods
executed or delivered by any Nominated Sub-contractor or Nominated Supplier have been
paid or disr:hargedby the iontractor, in default whereof the Go,vernment'shall be entitled
to pay direct the amounts due, but which have not been paid, to such Nominated Sub-
contractor ,cr Nominated Supplier upon the certificate of the S.O. Provided furtber that
in the even'l of such default, the Government shall be entitled to make all payuents direct
to such Nominated Sub-contractor or Nominated Supplier of all amounts which may
subsequentlybecome due to such Nominated Sub-contractor or .Nominated Suppiier which
amounts have been certified by the S.O. pursuant to sub-clause (e) bereof. The amounts
so paid direct to the Nominated Sub-contractor and/or Nominated Suppiiers by the
Government pursuant to this sub-clauseshall be deducted from any sums due or which
may beconre due from the Government to ttre Contractor.
No priYity
13)Neither the existelce nor the foregoing powers nor anything else contained in this Contract
of Conrract
DC!WeO
shall create a privity of contract between the Government a.nd any Nomiuated Sub-
Goremmen( contractor or Nomiuated Supplier or render the Government liable to any of them-
sd Nomisa-
ted Sub-
contBctor
rno/or
Nominated
Supplicr.
29. Responsibilities of Contractor for Nominated Sub-conbactors aad,/ss Nominsted Suppliers
Reposibi- (a) In and for the purpose of this Contract, the Contractor shall be fully responsibie to ensure
lirics for
Noninatcd
that the Nominated Sub-contractor and/or Nominated Supplier shall conforrn with the
Sub<oD- terms and conditions of this Contract and shall be fully responsible for the acts, defaults
tractoB
rod / or or breach of any terms and/or conditions of this Contract by the Nominated Sub-
Nomiratcd
Supplics-
contractors and/or Nominated Suppiierson their part in the same way as for his own
or those of other sub-contractors or suppiiers engaged by himself, and the Government
shail il nc) circumstaoces be iiable to tbe Contractor for the default of aDy Nominated
Sub-contractors or |.{smin3ted Strpplie$.

1'