Pur 21/16 Nr

SARAWAK ENERGY BERHAD

From: Distribution Procurement & Contract Division Distribution Department Kuching 93050 Sarawak Malaysia

Our Ref.: PUR42/18/OCY Date: 20th December 2018

To: UPK Registered Tenderers Head VIIB, Class II or above, Sub-Head 2b or above or Sub-Head 7b or above CIDB G3 or above, Category ME (E04 & E05) Menara Sarawak Energy, No. 1, The Isthmus, 93050 Kuching, Sarawak

Dear Sir/Madam,

TENDER FOR OVERHEAD LINES VEGETATION CLEARING IN SARIKEI AND PALOH, CENTRAL REGION TENDER REF.: PUR 42/18

You are cordially invited to tender for services listed in the attached schedule. Please refer to Tender Document for the instructions & conditions to tender. Tenders are to be submitted in sealed plain envelope marked:

1. “CONFIDENTIAL” – TENDER FOR OVERHEAD LINES VEGETATION CLEARING IN SARIKEI AND PALOH, CENTRAL REGION 2. Tender Ref.: PUR 42/18 3. Closing date and time: 16th January 2019 at 3.00 p.m. 4. Warning: Do Not Open Before The Closing Date And Time addressed to: The Group Chief Executive Officer, Sarawak Energy Berhad, c/o The Officer-In-Charge, Tender Box, Level 1 (Ground Floor) North Wing, No. 1, The Isthmus, Menara Sarawak Energy 93050 Kuching, Sarawak. or hand-delivered to: The Officer-In-Charge Tender Box, Level 1 (Ground Floor) North Wing, No. 1, The Isthmus, Menara Sarawak Energy, 93050 Kuching, Sarawak. Sarawak Energy Berhad. and to reach the Tender Box addressed above on or before: 16th January 2019 at 3.00 p.m.

Yours faithfully,

Leonora Liong Peh Ling for GROUP CHIEF EXECUTIVE OFFICER

Tender for Overhead Lines Vegetation Clearing in Sarikei and Paloh, Central Region

INSTRUCTIONS TO PERSONS TENDERING

1. The Tenderer must be a registered Contractor with the following:

a) UPK under Works Head VIIB, Class II or above under the following sub-heads; • 2b (for Overhead Lines works up to 33kV) or above or • 7b (for Vegetation Clearing works up to 33kV) or above

b) CIDB Grade G3 or above, Category ME (E04 & E05)

Tenderers are required to submit proof of UPK and CIDB registrations together with their tender submission.

2. This tender is for Overhead Lines Vegetation Clearing in Sarikei and Paloh, Central Region.

This tender comprises the following different aspects of works:

• Vegetation Clearing for 33kV, 11kV and LV OH lines including bracket type street lighting;

• Vegetation Clearing for access way to pole-mounted apparatus - e.g. switching (ABFI & ABI) poles, pole-mounting cut-out poles, AR and platform transformer, etc.;

• To remove/dispose all debris to approved dumping ground(s).

The specifications for this tender cover the following areas:

Sarikei District Sarikei Town, Malay Kampungs, Taman Susur Jambu, Urban Housing Estates, Nyelong Bypass, Repok Road up to Jakar Town, Kwong Ming Road, Light Industrial Estate, Sg. Baji, Kpg. Sebarang, Bkt Huang, Wee Luk Sawmill, Merudu-Meruton Road, Sare Road, Jakar Town up to Bkt. Kayu Malam AR Pole, Bayong Road, Ulu Sarikei, Selalang Road, Repok-Bulat Road Junction up to Scheme B Junction, Sg. Stok, Sg. Rusa-Kim San Road and all areas within Sarikei distribution lines system.

Paloh Station This zone covers all HT and LT distribution lines connected to and having source of supply from Paloh Power Station.

The above include all other areas defined under the respective station boundary and new RES / projects completed and commissioned during the contract period.

A minimum of TWO (2) Group/Gang Leaders holding valid Non-Technical Competency Certificate(s) for Line Vegetation Clearing Works issued by SEB Competency and Authorization Committee (CAC), are required for the Contract.

"The Tenderer must tender for the whole work by filling GENUINE unit rates in the Schedule(s) of Rates and the Tenderer is not allowed to submit the unit rates in the Schedule of Rates which is considered as manipulative to the Company. The Company reserves the right to reject, any tender submission for any acts of fraud or considered as manipulative”.

3. The Tender must be made on the accompanying Form of Tender with all the blanks therein and all the Schedules of Rates duly filled in ink and signed. Tender rates must include all incidental and contingent expenses.

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Tender for Overhead Lines Vegetation Clearing in Sarikei and Paloh, Central Region

4. No alteration is to be made in the Form of Tender or in the Schedules thereto except in filling up the blanks as directed. Any amendments in filling up the blanks must be made with the Tenderer’s authorised signature/ initial and the Tenderer’s Company stamp. If these instructions were not fully complied with, the tender shall be rejected.

5. Tender Price

a) The Tender Price shall be clearly stated in the Form of Tender and shall be calculated by reference to, and in accordance with the pricing method set out in the Schedule of Rate.

b) Except as otherwise stated in this clause, the Tender Price submitted by the Tenderer is required to be inclusive of all Taxes which may be applicable to the Works as set out in the Schedule A - Schedule of Rate.

c) The Tender Price excludes:

i. any GST applicable to the Works and the Company shall be liable for the payment of any such GST in addition to the Tender Price; and

ii. any stamp duty payable in relation to the Works within Malaysia, and the Company shall be liable to arrange and pay for all such duty.

d) Where GST is applicable to the Works, or any part of the Works, the successful Tenderer shall:

i. invoice the Company any applicable GST as a separate and clearly identifiable line item within the relevant statement and invoice;

ii. fully comply with the requirements of the Goods and Services Tax Act 2014 (including the requirements for the issuing of a valid tax invoice);

iii. provide the Company with suitable evidence of its registration with the relevant Government Authority in accordance with the requirements of the Goods and Services Tax Act 2014; and

iv. otherwise do all acts and things necessary to assist the Company to claim an input tax credit under the Goods and Services Tax Act 2014.

e) The Tenderer acknowledges that it may be required to pay a levy to the Construction Industry Development Board in accordance with the Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994 and the Construction Industry (Levy Collection) Regulations 1996, and, if requested by the Company, shall provide evidence of the payment of such amounts.

f) A Discount may be offered by the Tenderer, provided that:

i. any such offer of a Discount shall:

i.i. be received by the Company prior to the Closing Date and Time; and

i.ii. not be withdrawn or modified on and from the Closing Date and Time; and

ii. the Company may, in its absolute discretion, take into account the Discount offered by the Tenderer in its evaluation of the Tender Offer and shall be entitled to treat the final Tender Price of such Tender Offer to be the price read with the Discount.

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Tender for Overhead Lines Vegetation Clearing in Sarikei and Paloh, Central Region

g) On and from the Closing Date and Time, the Tenderer shall under no circumstances be permitted to amend its Tender Price (including by way of an offer of a Discount), regardless of:

i. any change in applicable laws (including the introduction of any new Taxes); ii. any fluctuation in foreign exchange rates; iii. any fluctuations in the cost of materials and/or labour; or iv. any other occurrence.

6. Any erasures, alteration or correction to the Tender Documents shall be done in pen and initialled by the person authorized to sign the Tender. Correction using correction fluid/tape will be rejected.

7. The Tenderer, however is at liberty to add any further details that he may deem desirable and, in the event of his so doing, must print or type such details and annex the added matter to the tender submitted by him. Such additional details shall not be binding upon the Company unless they are approved by the Company and incorporated in the contract.

8. Incomplete tender submission will be rejected.

9. If the Tenderer has any doubt as to the meaning of any portion of the General Conditions or of the Specifications, he shall when submitting his tender, set out in his covering letter, the interpretation on which he relies.

10. The Tenderer is to submit with his tender in order of the relevant clauses, a statement of any departures from the Specifications.

11. The rates offered in the tender should be without consideration of the details/departures from the Specifications. If there is addition or deduction of the tender rates by virtue of the Company adopting those details/departures, then such additional/reduced sum should be stated in the annexed documents.

12. The Company will not be responsible for any expenses or losses, which may be incurred by any Tenderer in the preparation of his tender.

13. Bond/Securities

a) All Bonds, i.e. Tender Bond and/or Performance Bond shall be secured in Ringgit Malaysia for all International Tenderers and some Local Tenderers. The Bonds shall be furnished in any one of the following form and issued to the Company:-

i. Cash/Cheque; ii. Bank Draft issued by a bank licensed to operate in Malaysia/Cashier Order; iii. Bankers Guarantee must be unconditional and irrevocable and issued by a bank licensed to operate in Malaysia or in the case of a foreign Tenderer, bonded by a foreign bank;

b) In the case whereby, the Bonds are issued by a bank that is not licensed to operate in Malaysia, measures should be taken to ensure that the financial institution is reputable and credible. For example, a foreign bank with ‘AAA’ rating accredited by Moody’s Corporation would be an acceptable bank even though it is not licensed to operate in Malaysia. A list of Licensed Banking Institution in Malaysia can be found in Bank Negara Malaysia’s web portal.

c) All Bonds shall be submitted in the format provided by the Company and acceptable by a bank licensed to operate in Malaysia.

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Tender for Overhead Lines Vegetation Clearing in Sarikei and Paloh, Central Region

14. Tender Bond

a) For local tenders with estimated tender sum of above RM 2,000,000.00, the amount of Bid Bond/ Earnest Money, required to accompany the tender, shall be 2% of the tender sum subject to a maximum of RM 100,000.00 (Ringgit Malaysia One Hundred Thousand) except for Sarawakian Tenderers.

b) Any Tender offer not accompanied by a Tender Bond, if it is required, shall be rejected.

c) Tender Bond must be valid for a period of four (4) months from the date of the Tender closing.

d) Tender Bond shall be issued in accordance with the Company’s standard format (Form PUR/4) by a bank licensed to operate in Malaysia or such other format as approved by the Company.

e) Should it become necessary to extend the validity period of the Tender and the Tender Bond, the Company will request in writing to all those who submitted the Tenders for such extension before the expiry date thereof. Tenderers shall have the right to refuse to grant such extension without forfeiting their Tender Bond. The Tender Bond of Tenderers who refuses to grant the Company’s request for an extension of the validity of their respective Tender Bond will have the Tender Bond returned to them. However, they are deemed to have waived their right to further participate in the Tender.

f) Tender Bond submitted by the unsuccessful Tenderer shall be returned as promptly as possible upon the successful Tenderer being awarded with the contract and furnished the Performance Bond to the Company.

g) Tender Bond of the successful Tenderer shall be returned as promptly as possible upon the successful Tenderer furnished the Performance Bond to the Company and signed the Contract Documents. Failure of the successful Tenderer furnishing the Performance Bond to the Company and signed the Contract Documents within the specified period, the Company may immediately encash the Tender Bond.

15. Performance Bond

a) Performance Bond is required for all contracts exceeding RM 100,000.00 (Ringgit Malaysia One Hundred Thousand) and the amount of the Performance Bond to be obtained is as follows:

No. Value of Contracts Performance Bond a Above RM 100,000 to RM 500,000 2.5% of the Contract Sum b Above RM 500,000.00 to RM 1,000,000.00 5% of the Contract Sum 5% of the Contract Sum with condition that Sarawak Energy reserves the right to c Above RM 1,000,000.00 demand from the contractor for an increase in the performance bond of up to 10% of the contract price

b) Performance Bond shall be valid for the whole duration of the Contract Period including Defect Liability/Maintenance Period, if any.

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Tender for Overhead Lines Vegetation Clearing in Sarikei and Paloh, Central Region

c) The successful Tenderer must furnish the Performance Bond within twenty-eight (28) days of receipt of the Notification of Award from the Company.

d) Failure of the successful Tenderers to submit the Performance Bond will constitute sufficient grounds for the annulment of the award of contract and forfeiture of the Tender Bond.

e) The Performance Bond will be returned to the Tenderer upon the Company satisfied that the Tenderer has completed the performance of the Contract. If the Tenderer fails to performance the Contract, the Company may without further notice and subject to any other rights under the Contract, encash the Performance Bond and the terminate the Contract with immediate effect.

16. Penalty for Non-Tally Online and Hard Copy Tender Submission Bid Values

Tenderer is required to submit the hard copy tender document before the tender closing date, as in the usual manner. Tenderer is also reminded to ensure that his online bid value and hard copy Form of Tender value are tallied. If these 2 values differ from one another, the tender submission will be disqualified.

Should the tenderer repeatedly submit hard copy tender submissions with Form of Tender values different from the corresponding online bid values, or does not submit the hard copy tender document at all after the on-line bidding was done, his tender submission will be disqualified and the following actions will be taken against him for the offences committed.

a) First offence – a reminder letter will be given. b) Second and third offences – a warning letter each will be given. c) Three consecutive offences – the tenderer will be barred from taking part in the Company’s tenders for three consecutive months. d) Any additional offence after the third offence – the tenderer will be barred from taking part in the Company’s tenders for three consecutive months for each offence committed.

17. Modification and Withdrawal

Tenderer may not modify or withdraw its Tender Offer after the date of Tender closing. If the Tenderer withdraws or modifies his Tender Offer during the Tender validity period or after having been awarded the contract, the Company is entitled to:

a) Encash and forfeit the Tender Bond (if any) and

b) The Tenderer will be blacklisted and may not be eligible to participate in any tender or RFP issued by the Company as follows:

i. For a period of one (1) year for the first time. ii. For a period of three (3) years, for the second time. iii. De-registered and disqualified for the third time.

18. The validity period for the Tender shall not be less than four (4) months from the date of the Tender closing, during which period the Tenderer’s Tender Offer must remain fixed, valid, irrevocable and open for acceptance by the Company. Tenderers who submit Tender Offer with a shorter validity period may be and will run the risk of being rejected.

19. The Contract shall be for one-year period and can be renewed on annual basis up to a maximum of three years depending on the performance of the Contractor, in whole or in part.

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Tender for Overhead Lines Vegetation Clearing in Sarikei and Paloh, Central Region

However, please take note that the total tender sum (i.e. total contract value) shall also be used to determine the expiry of the Contract as provided under Clause 23 of the “General Conditions of Contract”. Should the Contract expire upon reaching the total contract value, the Contract can be renewed for another year up to a maximum of two (2) times depending on the performance of the Contractor.

20. Bumiputra Tenderers are required to submit certified copies of Trade Registrations showing the proportion of Bumiputra participation in the companies and the names of the directors of the companies.

21. The Tenderer should supply evidence to show the competence to undertake the works specified together with details of competent staff, which is to be provided by completing Schedule B. When the Tenderer intends to employ more competent staff, this should be separately mentioned in the Schedule B.

22. Tender Submission

a) All Tender offers must be addressed to the Company’s address as set out in the Tender Documents and to be deposited immediately in a Tender box at a respective location.

b) The Tenderer must prepared a written advice for the Company’s acknowledgement and filing. A copy of such written advice shall be retained by the Tenderer for filing. However, such written advice shall not imply that the Tenderer’s offer has been admitted for consideration.

c) The Tenderer must submit the original and a photocopy of the Tender Offer i.e. Technical Offer and Commercial Offer.

d) The submission of the Tender offer shall be done in separate sealed envelopes, duly marking each envelope as:

i. “TECHNICAL” for envelopes containing technical and specifications related matters; and

ii. “COMMERCIAL” for envelopes containing commercial/quotation/prices and any financial related information

e) Both envelopes shall be placed in another envelope, sealed and marked “CONFIDENTIAL” with “Tender reference and title” and “date and time of the deadline for submission” but shall bear no writing on the outside of the envelope which would enable the Tenderer to be identified. The warning “Do not open before the closing date and time” must also be marked at all the envelopes.

f) If all the envelopes are not sealed and marked as required, the Company will not be responsible for the misplacement or premature opening of the Tender offer. The Tender offer will be rejected if it is opened before the Tender opening date.

g) Tender received prior to the date and time of opening will be securely kept, unopened. Tender received after the closing date and time will be rejected. The Company bears no responsibilities for premature opening of Tenders not properly addressed or identified.

23. Prior to dropping in the Tender Box, the tender must be stamped by the Company’s representative with the date and time of submission.

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Tender for Overhead Lines Vegetation Clearing in Sarikei and Paloh, Central Region

24. Tenders received prior to the time of opening will be securely kept unopened. Tenders received after the time of opening will be rejected. The Company shall not be held responsible for premature opening of tenders not properly addressed or identified.

25. The Company does not bind itself to accept the lowest or any Tender, in part of in whole nor to assign any reason for the rejection of any Tender.

26. The Tender or any Tenderer who has not conformed with the foregoing instructions may not be considered.

27. The official currency for this Contract shall be the Ringgit Malaysia (RM) and all rates and prices shall be quoted in this currency.

28. Should there be any discrepancies in the offer price in the Schedule of Rates and the Form of Tender, the offer price quoted in the Form of Tender shall prevail.

29. Except as required by the Laws, all Tender Documents and all information relating to the tender and the proposed contract which may have been disclosed to the Tenderer (whether they submit a Tender or not) shall be treated as confidential information and shall not be disclosed to any third party or published without the written consent of the Company.

30. Tenderers who require clarification of the tender document may contact the Company through:

Sr. Manager, Distribution Procurement & Contract Division, Sarawak Energy Berhad, 5th Floor, Menara Sarawak Energy, No. 1, The Isthmus, 93050 Kuching, Sarawak.

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Tender for Overhead Lines Vegetation Clearing in Sarikei and Paloh, Central Region

TENDER SPECIFICATIONS

SPECIFICATION FOR OVERHEAD LINES VEGETATION CLEARING

1. Scope of Works

This contract is for Overhead Line Vegetation Clearing in Sarikei and Paloh, Central Region.

The Scope of works are generally listed as follows:

• Vegetation Clearing for 33kV, 11kV and LV OH lines including bracket type street lighting;

• Vegetation Clearing for access way to pole-mounted apparatus - e.g. switching (ABFI & ABI) poles, pole-mounting cut-out poles, AR and platform transformer, etc.;

• To remove/dispose all debris to approved dumping ground(s).

2. Coverage Areas Under This Contract

This zone covers the following areas as listed below:

Paloh Station This zone covers all HT and LT distribution lines connected to and having source of supply from Paloh Power Station.

The above include all other areas defined under the respective station boundary and new RES / projects completed and commissioned during the contract period.

3. Competency Certificate & Contractor Pass

Tender submission shall not be considered for adjudication if a list of minimum number of the following person(s) is not submitted:

a) Group/Gang Leader(s) holding relevant valid non-technical competency certificate(s) issued by the Company, as required for the Contract.

For purpose of acquiring a non-technical competency certificate, the followings shall be completed:

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Tender for Overhead Lines Vegetation Clearing in Sarikei and Paloh, Central Region

i) To attend and pass the course on Safety Awareness for Working Near to SESCO Electrical Installation, ii) To apply to SEB Competency and Authorization Committee (CAC), iii) To be interviewed & assessed by CAC interviewing panel, iv) CAC to issue non-technical competency certificate and Contractor Pass upon satisfactory result of the interview and assessment.

The Contractor shall have all their Group/Gang Leaders(s) issued with the Company’s relevant Contractor Pass and will be required to produce the pass on site when requested by the Company’s Representative. For the first offence where the Contractor or Contractor’s workers fail to comply with this requirement, “STOP WORK” notice and a letter of warning will be issued to the Contractor.

For the second offence, apart from issuing “STOP WORK” notice and warning letter to the Contractor, the Contractor can be suspended for one week, up to a maximum of three months period if necessary, pending on the jurisdiction of the Authorized Officer. The Company reserves the right to employ other contractor(s) to carry out the Works for that period and the Company shall be entitled to recover from the Contractor any of the cost thereof or deduct the same from Performance Bond, or any monies due or that become due to the Contractor.

For the third and subsequent offence, apart from issuing “STOP WORK” notice, the Company reserves the right to terminate the Contract and to bar the Contractor from participating in any distribution service tender for a period of one year.

4. Supervision

The Contractor shall provide efficient supervision of the Works, and appoint a Group/Gang Leader who can interpret drawings, understand explanation and carry out directions given by the Company's Representative. The Group/Gang Leader must have the Safety Awareness Working Near to Electrical Installation certificate.

Any orders or instructions which the Company's Representative may give to the Contractor’s Group/Gang Leader shall be deemed to have been given to the Contractor. The Contractor’s Group/Gang Leader must always inform the Company’s Representative prior to carrying out Works. The time schedule and location in carrying out the work are to be provided in writing at the beginning of every month.

The Contractor shall provide a complete list of competent workers and fill in all their names in Schedule B – Schedule of Skilled Technicians and Labourers.

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