MALAYSIA MARINE AND HEAVY ENGINEERING …mhb.com.my/wp-content/uploads/2018/02/Instruction-To-Tenderer.pdf · Email: [email protected] TENDERER shall confirm his agreement

MALAYSIA MARINE AND HEAVY ENGINEERING

SDN BHD

TENDER DOCUMENT

TENDER TITLE ......................................................................................

PROJECT ......................................................................................

CLIENT ......................................................................................

TENDER REFERENCE ......................................................................................

TABLE OF CONTENTS

PART 1 : INSTRUCTIONS TO TENDERER ......................................................................... 1

1. ACKNOWLEDGEMENT ......................................................................................... 1

2. VENDOR REGISTRATION ..................................................................................... 1

3. CONDITIONS OF TENDER .................................................................................... 2

3.1 Applicability ............................................................................................................. 2

3.2 Definitions ................................................................................................................ 2

3.3 Tender Expenses .................................................................................................... 3

3.4 Confidentiality .......................................................................................................... 3

3.5 Discrepancies Or Omissions ................................................................................... 3

3.6 Queries, Modification and Addendum ..................................................................... 3

3.7 Compliance With Law .............................................................................................. 4

3.8 MMHE’s Code of Conduct and Business Ethics, Fraud, Corruption and Conflict of Interest ................................................................................................... 4

3.9 Responsibility Of The TENDERER To Inform and Satisfy Itself ............................. 5

3.10 Joint Venture ........................................................................................................... 5

3.11 TENDER Briefing .................................................................................................... 6

3.12 Dubious Price Quotations And Errors In Calculation .............................................. 6

3.13 Tender Price and Discount ...................................................................................... 6

3.14 Responsiveness of Tenders .................................................................................... 7

3.15 Acceptance Or Rejection Of Tenders ..................................................................... 7

3.16 Proprietary Rights .................................................................................................... 8

3.17 Tender Bond ............................................................................................................ 8

3.18 Award of CONTRACT ............................................................................................. 8

3.19 Re-Tenders ............................................................................................................. 9

4. PREPARATION OF TENDER ................................................................................. 9

4.1 General .................................................................................................................... 9

4.2 Envelope 1, Part 1: Contractual Proposal ............................................................. 10

4.3 Envelope 1, Part 2: Technical Proposal ................................................................ 12

4.4 Envelope 2: Commercial Proposal ........................................................................ 14

5. SUBMISSION OF TENDER .................................................................................. 14

5.1 Deadline and Address for Submission .................................................................. 14

5.2 Tender Proposal .................................................................................................... 14

ATTACHMENTS ................................................................................................................. 17

FR 1 - FORM OF ACKNOWLEDGEMENT ........................................................................... 17

FR 2 - CHECKLIST FOR TENDER SUBMISSION............................................................... 18

FR 3 – LABELS ..................................................................................................................... 19

FR 4 - FORM OF TENDER ................................................................................................... 20

FR 5 – TENDERER’S HSE AND QMS INFORMATION....................................................... 22

FR 6 - FORM OF CONTRACTUAL EXCEPTIONS .............................................................. 37

FR 8 – TENDERER’S FINANCIAL INFORMATION ............................................................. 38

FR 9 – FORMAT OF TENDER BOND BANK GUARANTEE ............................................... 39

FR 10 – TENDERER’S DOCUMENTATION ........................................................................ 41

FR 11 – SECRECY DECLARATION .................................................................................... 44

FR 12 – FAMILY MEMBERS DECLARATION FORM ......................................................... 46

PART 2 : DRAFT CONTRACT ........................................................................................... 48

1. FORM OF AGREEMENT ...................................................................................... 48

2. SECTION 1 – CONDITIONS OF SUBCONTRACT ............................................... 48

3. SECTION 2 – SCHEDULE OF COMPENSATION ................................................ 48

4. SECTION 3 – SCOPE OF WORK ......................................................................... 48

5. SECTION 4 – HEALTH SAFETY AND ENVIRONMENT (“HSE”) REQUIREMENT .................................................................................................... 48

TABLE OF CONTENTS

6. SECTION 5 – ADMINISTRATION PROCEDURES ............................................... 48

7. SECTION 6 – DRAWINGS ................................................................................... 48

8. SECTION 7 – SPECIFICATION ............................................................................ 48

PART 1

INSTRUCTIONS TO TENDERER

TENDER REFERENCE : <…> TENDER TITLE : <…> PROJECT: <…>

PART 1 – INSTRUCTION TO TENDERER PAGE 1 OF 47

PART 1 : INSTRUCTIONS TO TENDERER

1. ACKNOWLEDGEMENT

If TENDERER wishes to TENDER for the performance of the WORK, he shall sign and return the Form of Acknowledgement in Attachment FR 1, not later than 3 days (if none stated) from the date of receipt of the TENDER DOCUMENT to the following address:

Tender Secretariat c/o Supply Chain Management Division

MALAYSIA MARINE AND HEAVY ENGINEERING SDN BHD PLO 3, Jalan Pekeliling, P.O.Box 77

81700 Pasir Gudang Johor, Malaysia

Tel : + 60 7 268 2833/2858 Fax: + 60 7 278 0250

Email: [email protected]

TENDERER shall confirm his agreement to submit the TENDER by the Bid Closing Date and specify the name and contact information of the person in charge of the TENDER preparation. This is necessary to assist MMHE with a fair evaluation on TENDERER’s proposal.

2. VENDOR REGISTRATION

All SUPPLIER intend to conduct business with MMHE shall register with MMHE by providing complete and accurate information. If SUPPLIER are not MMHE registered SUPPLIER or SUPPLIER registration had expired, SUPPLIER shall obtain the Registration Form from Vendor Registration & Performance of Supply Chain Services. Any question and clarification regarding the registration shall be directed to the following address:

Vendor Registration, Supply Chain Services c/o Supply Chain Management Division

Malaysia Marine and Heavy Engineering Sdn Bhd PLO 3, Jalan Pekeliling, P.O.Box 77

81700 Pasir Gudang Johor, Malaysia

Tel : + 607 268 2822, 07 268 2824 / 07 268 2825 Email : [email protected]

Attn:

Pn. Patricia Ak Nichol @ Nurul Ain Abdullah Pn. Siti Mariam Binti Karek

Only valid registered SUPPLIER can be awarded a CONTRACT by MMHE.



3. CONDITIONS OF TENDER

3.1 Applicability

(a) These Conditions of Tender define and govern the TENDER process. They are an integral part of the TENDER DOCUMENT, and TENDERER is deemed to have accepted these Conditions of Tender without reservation. These Conditions of Tender shall apply to the extent that they are not contrary to stipulations which are either included in the TENDER DOCUMENT or otherwise expressly confirmed by MMHE in writing.

(b) Acknowledgement to participate in the TENDER exercise entails that the TENDERER surrenders its terms and conditions. Any provision included in TENDERER’s proposal which modifies the TENDER DOCUMENT shall be considered null and void.

(c) Where TENDERER wishes to make exception or deviations from the requirements of the TENDER DOCUMENT, TENDERER shall do so by clearly defining his exceptions and deviations in the form provided in Attachment FR 6 : Form of Contractual Exceptions with clear reference to the relevant section of the TENDER DOCUMENT. If there are no exceptions and deviations, TENDER shall state “NONE” on such form. Failing which, the full and complete requirements, as contained or specified herein, are deemed to be fully complied with by the TENDER.

(d) If there are costs impact to the exceptions and deviations, TENDER must submit the cost impact in the Envelope 2: Commercial Proposal. Failing which, the full and complete requirements, as contained or specified herein, are deemed to be fully complied with by the TENDER and the exceptions and deviations shall not be related to any aspect of the price of the TENDER.

3.2 Definitions

For all purposes of this TENDER, the terms defined in this TENDER DOCUMENT shall have the meanings assigned to them hereafter.

� “TENDER” means the TENDERER's offer to perform the WORK and any subsequent revised offer in response to MMHE's request; and shall comprise TENDERER’s Contractual Proposal, Technical Proposal and Commercial Proposal.

� “TENDER DOCUMENT” means the documents issued by MMHE as listed in the Attachment FR 4 hereto (Form of Tender), together with any addenda that may be issued by MMHE until the Bid Closing Date.

� “TENDERER” means the individual, corporate body or joint corporate bodies to which the TENDER DOCUMENT is addressed.

� “MMHE” means Malaysia Marine And Heavy Engineering Sdn Bhd

� “CONTRACT” means the legally enforceable agreement under which the SUPPLIER/SUBCONTRACTOR commits himself towards MMHE for supplying goods, equipments and/or services. It may also be referred to as Purchase Orders or Service Orders.

� “SUPPLIER or SUBCONTRACTOR” shall mean the successful TENDERER.

� “DRAFT CONTRACT” means the CONTRACT proposed to the TENDERER.



� “WORK” means any and all supplies of goods, equipment and/or services, and other obligations to be performed by SUPPLIER/SUBCONTRACTOR as described in the TENDER DOCUMENT.

3.3 Tender Expenses

(a) TENDER shall be prepared and submitted at TENDERERS’ sole costs and expenses. MMHE shall not be responsible or liable for those costs, regardless of the conduct or outcome of the tendering process.

(b) This invitation to TENDER shall in no circumstances involve MMHE with any liability should the latter decide not to proceed with all or part of the project and hence, no claim for compensation of any kind regarding the preparation of the TENDER shall be entertained.

3.4 Confidentiality

(a) The TENDER DOCUMENT are confidential, contain proprietary information belonging to MMHE and may only be reproduced or disclosed by TENDERER for the purpose of submitting its TENDER, subject however to prior written permission of MMHE first being obtained by TENDERER and to same prior undertaking of confidentiality by the recipient.

(b) TENDERER shall submit a Secrecy Declaration duly signed in accordance with the form in the Attachment FR 11 - Secrecy Declaration Form. The Secrecy Declaration shall be attached to the original Contractual Proposal.

(c) MMHE reserves the right to prosecute TENDERER in case of non-compliance with this confidentiality undertaking.

3.5 Discrepancies Or Omissions

(a) TENDERER is to check that all TENDER DOCUMENT have been received.

(b) TENDERER is required to peruse the TENDER DOCUMENT and generally to obtain all information as he may require to enable him to submit his TENDER.

(c) Should TENDERER find any discrepancies or omissions from, the TENDER DOCUMENT, or have any enquiries regarding the TENDER DOCUMENT, he should immediately specify in writing such discrepancies, omissions or enquiries to the TENDER Secretariat at the address as specified in Clause 1 above.

3.6 Queries, Modification and Addendum

(a) MMHE reserves the right to modify or amend any part of the TENDER DOCUMENT prior to acceptance of any TENDER; such modifications or amendments shall be notified to all TENDERER who shall, if they wish, be given the opportunity to modify or amend any part of the TENDER should it have been submitted prior to such modification or amendment.

Any modifications and/or additional instructions issued by MMHE during the TENDER period shall be issued as Addenda to the TENDER DOCUMENT.

(b) MMHE reserves the right to modify or amend any part of the TENDER DOCUMENT prior to the Bid Closing Date. Such modification or amendment will be in the form of addendum and will be transmitted simultaneously to TENDERER who will be given the opportunity to modify or amend his TENDER as appropriate. All responses to queries from TENDERER or clarifications by MMHE shall also be distributed to TENDERER.



(c) MMHE will continue the finalization of various documents during the TENDER stage, MMHE may forward these updated documents to TENDERER using internet access. TENDERER shall ensure he has access to the internet to obtain these documents. MMHE shall not be liable for any failure by TENDERER to obtain the updates.

(d) Any queries in connection with the TENDER should be submitted in writing not less than three (3) days prior to the Bid Closing Date at the address as stated in Clause 1 above.

(e) Unless solicited by authorised MMHE’s personnel, changes and modifications in TENDER price after submission shall not be accepted.

3.7 Compliance With Law

TENDERER shall be responsible to comply with and be fully aware of all applicable governmental and local laws, regulations, practices, codes and requirements which might affect them when tendering, executing the CONTRACT and performing the WORK.

3.8 MMHE’s Code of Conduct and Business Ethics, Fraud, Corruption and Conflict of Interest

(a) In its tendering exercise and execution of CONTRACT, MMHE demands the highest ethical behaviour from TENDERER. TENDERER shall prevent his employees, agents or sub-contractors from making, providing or offering gifts, entertainment, payments, loans or any other considerations for the purpose of influencing individuals (including without limitation the employees, agents or SUPPLIERS of MMHE). TENDERER shall be fully aware can comply with MMHE’s Code of Conduct and Business Ethics per further specified in the following hyperlink “http://www.mhb.com.my/EN/page/vision-mission-shared-values/”.

(b) If TENDERER is in breach of its obligations under this Clause, in addition to any criminal liability which may be incurred, MMHE:

(i) will reject a recommendation for award if it determines that the TENDERER recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for the contract in question; and

(ii) will insert the TENDERER's name into its list of black-listed suppliers/vendor, information of which shall be shared between MMHE’s related companies.

(c) Where it is proved that the TENDERER has given or has offered to give inducement or bribe to an official or procurement staff of MMHE to influence the result of the tender in his favor shall be disqualified from the tender, prohibited from participating in any future procurement and the bid bond deposited by them shall be forfeited.

(d) The TENDERER shall not have a conflict of interest. All TENDERERs found to have a conflict of interest shall be disqualified. The TENDERER may be considered to have a conflict of interest with one or more parties in this bidding process, if they:

(i) Are or have been associated in the past, directly or indirectly, with a firm or any of its affiliates which have been engaged by MMHE to provide consulting services for the preparation of the Specification, and any other



documents to be used for the procurement of the Goods and Services to be purchased under this Tender;

(ii) Have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the bid of another TENDERER, or influence the decisions of MMHE regarding this bidding process; or

(iii) Submit more than one bid in this bidding process.

3.9 Responsibility Of The TENDERER To Inform and Satisfy Itself

(a) When applicable, TENDERER shall be deemed to have a full working knowledge of the site at which the WORK is to be performed including, where applicable, the prevailing climatic conditions and, generally, be familiar with and have obtained all necessary information as to the data and contingencies and all other circumstances affecting the performance of the WORK and to have taken the same into account.

(b) TENDERER shall be deemed to have satisfied himself as to the correctness and sufficiency of his TENDER. No claims whatsoever will be entertained arising out of TENDERER's failure to study the TENDER DOCUMENT.

3.10 Joint Venture

TENDER submitted by Joint Ventures are to comply with the following requirements:

(a) The TENDER shall be signed by all Partners so as to be legally binding on each member of the Joint Venture. The name of the signatory shall be shown in print underneath each signature.

(b) A copy of the Joint Venture Agreement that has been, or is intended to be entered into by Partners, shall accompany the TENDER. Unless already specifically included in the terms of such an Agreement, the following declaration and information shall be given in a statement signed by all Partners which is to accompany the TENDER:

(i) That the Partners of the Joint Venture shall be liable jointly and severally for the performance of the WORK in accordance with the terms of the TENDER DOCUMENTS and that in the event that any one of said Partners goes into liquidation then the surviving Partner(s) shall have the full obligation to carry out and complete the WORK and shall be empowered to use all personnel and construction equipment, including any marine equipment, furnished by any Partner in the Joint Venture and shall be entitled to have any subcontracts assigned to it (them).

(ii) The interest of each of the Partners in the Joint Venture.

(iii) The name of the Partner nominated to act as manager of the Joint Venture and who in such capacity is authorised to incur liabilities and enter into contractual relationships with third parties, including settlement of any disputes there under, to receive and act upon instructions from MMHE, to make and receive payments - all on behalf of the Joint Venture.

(iv) That the declaration attached to the TENDER takes precedence over anything which may be written in the said Joint Venture Agreement.



(c) In the event that TENDERER decides during the TENDER period to form a Joint Venture it shall notify MMHE immediately on reaching such decision and in any event at least seven (7) days prior to the Bid Closing Date and provide the names of all the Partners in the Joint Venture.

(d) Should a CONTRACT be awarded to a Joint Venture, the CONTRACT would then:

(i) provide that members of the Joint Venture are jointly referred to as SUPPLIER and are jointly and severally bound towards MMHE; and

(ii) include the following provision:

“Without prejudice to the principle of joint and several liabilities of the companies composing SUPPLIER, SUPPLIER nominates .......................... (Name of company) as sole agent of SUPPLIER. Such nomination includes the power to fully represent SUPPLIER, act on his behalf, receive any payment due under the CONTRACT, and settle any claim. Such nomination is irrevocable by SUPPLIER for the duration of the CONTRACT, unless otherwise agreed by MMHE".

3.11 TENDER Briefing

(a) If MMHE deems it to be appropriate, it may hold a TENDER Briefing for clarification and discussion on the TENDER DOCUMENT or modification thereto.

(b) MMHE shall give written notice to all TENDERERs to attend the TENDER Briefing, notice will include time, date, and address where TENDER Briefing will be held.

(c) If TENDERER is not attending the tender briefing without any acceptable justification by MMHE, MMHE have the right to remove TENDERER from the bidder list and proposal submitted by TENDERER will not be evaluated.

3.12 Dubious Price Quotations And Errors In Calculation

(a) MMHE shall correct the detected errors in calculation and notify the TENDERER in writing of the corrections made without any delay, requesting the TENDERER to confirm that he accepts the correction of the calculation error within the period specified. If the TENDERER does not accept the correction of errors, its TENDER shall be disqualified.

(b) MMHE shall correct arithmetical errors on the following basis:

(i) If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected, unless in the opinion of MMHE there is an obvious misplacement of the decimal point in the unit price, in which case the total price as quoted shall govern and the unit price shall be corrected; and

(ii) If there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected.

3.13 Tender Price and Discount

(a) The prices and discounts quoted by the TENDERER in the Commercial Proposal shall conform to the requirements specified below.



(b) If a price schedule shows items listed but not priced, their prices shall be assumed to be included in the prices of other items.

(c) The price to be quoted in the Commercial Proposal shall be the total price of the TENDER including taxes, excluding any conditional discounts offered.

(d) The TENDERER offering conditional discounts shall indicate the methodology for their application in the Commercial Proposal.

(e) The terms DDP, EXW, CIF, CIP, and other similar terms shall be governed by the rules prescribed in the current edition of Incoterms, published by The International Chamber of Commerce, at the date of the Invitation to Bids or as specified in the TENDER DOCUMENT.

(f) If so indicated in TENDER DOCUMENT, tenders are being invited for individual contracts (package) or for any combination of contracts (packages), unless otherwise indicated in the TENDER DOCUMENT, prices quoted shall correspond to 100 % of the items specified for each package and to 100% of the quantities specified (if any) for each item of a package. TENDERERs wishing to offer any price reduction for the award of more than one CONTRACT shall specify in their tender the price reductions applicable to each package or, alternatively, to the combination of the package.

3.14 Responsiveness of Tenders

(a) MMHE’s determination of a tender’s responsiveness is to be based on the contents of the tender itself.

(b) A substantially responsive tender is one that conforms to all the terms, conditions, and specifications of the TENDER DOCUMENT without material deviation, reservation, or omission.

(c) If a tender is not substantially responsive to the salient requirements of the TENDER DOCUMENT it shall be rejected by MMHE and may not subsequently be made responsive by the TENDERER by correction of the material deviation, reservation, or omission.

(g) Provided that a tender is substantially responsive, MMHE may request that the TENDERER submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities or omissions in the tender related to documentation requirements. Failure of the TENDERER to comply with the request may result in the rejection of its tender.

3.15 Acceptance Or Rejection Of Tenders

(a) MMHE shall not be bound to accept the lowest or any TENDER submitted, or to provide reasons or compensation in any way whatsoever to any TENDERER who’s TENDER has not been accepted.

(b) MMHE reserves the right to accept or reject, in whole or in part, any or the entire TENDER and to select the TENDER of its choice without assigning any reason.

(c) No TENDER will be conditional upon the availability of labour, equipment, material or any other resources to be provided by TENDERER for the performance of the WORK.

(d) If the TENDER does not comply with the requirements stipulated in the INSTRUCTIONS TO TENDERER, is incomplete or vague or is submitted after the Bid Closing Date and time, it will not be considered.



(e) The choice made by MMHE shall be final and shall not be contested or opposed by TENDERER.

3.16 Proprietary Rights

The TENDER DOCUMENT shall remain the property of MMHE and all TENDER submitted shall become the property of MMHE’s.

3.17 Tender Bond

(a) Unless otherwise specified in the Sub-Clause 4.2, Part 1: Contractual Proposal, TENDERER shall submit a Tender Bond by way of an irrevocable and unconditional first call Bank Guarantee issued by a bank operating in Malaysia made payable to MMHE in the amount and currency specified in Sub-Clause 4.2, Part 1: Contractual Proposal. Insurance Guarantee is not acceptable as Tender Bond by MMHE. In lieu of Bank Guarantee, MMHE may consider accepting a Bank Draft or Cashier's Cheque for Tender Bond and shall be issued by an established bank in Malaysia.

(b) The amount of the Tender Bond shall be the amount stated in the Sub-Clause 4.2, Part 1: Contractual Proposal. The Tender Bond shall be effective for the period of validity which is 120 days (unless otherwise stated in the Sub-Clause 4.2, Part 1: Contractual Proposal) after the TENDER Bid Closing Date and shall be extended at no cost to MMHE, if required to do so, and shall be in the format as per Attachment FR 9 - Tender Bond Format.

(c) In the event that TENDERER withdraws its TENDER within the period of validity of the TENDER without any justification which acceptable by MMHE or, having been awarded the CONTRACT, TENDERER refuses to accept the CONTRACT within the validity period of the TENDER or fails to furnish the Performance Bond, then the said Tender Bond may be forfeited without recourse to MMHE. Unilateral withdrawal of any statements, terms and conditions and prices in TENDERER’s TENDER during the validity period may result in TENDERER’s TENDER being disqualified and, in the event that it is so disqualified, TENDERER’s Tender Bond shall be automatically forfeited.

(d) Tender Bond will be returned free of interest to unsuccessful TENDERERS, and to the successful TENDERER upon the signing of the CONTRACT, after receipt of the signed acceptance of the CONTRACT and upon receipt of a fully compliant Performance Bond.

3.18 Award of CONTRACT

(a) Notification will not necessarily be sent to unsuccessful TENDERER by MMHE. No TENDERER may consider himself successful unless and until he receives written notice to this effect from MMHE.

(b) A Letter of Award or Service Order/Purchase Order will be handed to or posted or fax or email to the successful TENDERER’s address as given in his tender and such handing or posting or fax shall be deemed good service of such notice.

(c) TENDERER whose tender is accepted shall be required to enter into a formal contract with MMHE and duly observe all terms and conditions expressed therein. Any stamp duty payable in respect of the CONTRACT shall be borne by the SUPPLIER.



3.19 Re-Tenders

MMHE may issue invitation to bid for a second time under the following circumstances:

(a) Where the TENDER has been unsuccessful, namely where no qualitatively or financially worthwhile TENDERs have been received.

(b) Where it is concluded that non compliance with the rules and procedures governing bids prescribed by MMHE, or where it is believed that modifying the bidding document could attract adequate number of tenderers.

4. PREPARATION OF TENDER

4.1 General

(a) TENDER shall be prepared and submitted in strict compliance with the requirements of this TENDER DOCUMENT. No TENDER shall be accepted by MMHE in any other form.

(b) TENDER Proposals shall be written in English language and issued in sealed package containing two separates envelopes, i.e.:

(i) Envelope 1: Contractual and Technical Proposal

(ii) Envelope 2: Commercial Proposal

All TENDER proposals shall be marked “CONFIDENTIAL” and all pages of

original TENDER proposals shall be initialled by TENDERER.

(c) In the event that TENDERER wishes to submit in his Contractual and Technical Proposal, exceptions and/or alternatives to any part of this TENDER DOCUMENT he may do so, but such proposal will not be considered by MMHE unless it complies fully with the following compulsory conditions:

(i) TENDERER shall propose his base offer in strict accordance with the requirements of the DRAFT CONTRACT.

(ii) In the event that TENDERER proposes exceptions or alternative solutions to any part of the TENDER DOCUMENT requirements, the exceptions or alternative solutions shall be gathered in the specific sections.

(iii) Any exception or alternative listed by TENDERER in his Contractual and Technical Proposals but not listed in his Commercial proposal shall be deemed as having no cost impact in TENDERER’s offer.

(d) MMHE TENDER reference numbers must be clearly indicated on TENDERER's TENDER and/or all letters, communications and other documents related thereto.

(e) TENDERER's information as requested in the TENDER DOCUMENTS shall be an essential part of each TENDERER's TENDER and will in the case of the success, be incorporated as appropriate in the CONTRACT.



4.2 Envelope 1, Part 1: Contractual Proposal

The Contractual Proposal shall contain in the following order:

SECTION 1 - Cover Letter

The cover letter with TENDERER's letterhead with duly signed by an authorised TENDERER’s representative.

SECTION 2 - Checklist

Completing the form as provided in Attachment FR 2.

SECTION 3 - Form of Tender

Completing the form as provided in Attachment FR 4. Such FORM OF TENDER shall be fully completed, stamped and signed by an authorized TENDERER’s representative.

SECTION 4 - Secrecy Declaration Form

TENDERER shall submit a Secrecy Declaration duly signed in accordance with the form in FR 11.

SECTION 5 - Family Members Declaration Form

Completing the form as provided in FR 12: Family Members Declaration Form.

SECTION 6 - Tender Bond

The original Tender Bond shall be submitted in the Contractual Proposal. The amount of the Tender Bond shall be in Ringgit Malaysia <……………..> Only (RM <…>). The Tender Bond shall be effective for the period of validity which is (<…>) days after the TENDER Bid Closing Date, and shall be in the format as per Attachment FR 9.

SECTION 6 – Joint Venture Documents

If applicable, the Joint Venture documents and statements mentioned in Clause 3.10 hereinabove.

SECTION 7 - PETRONAS License

TENDERER shall submit a copy of valid PETRONAS license. The license shall cover the WORK of the TENDER. If the license is expiring, TENDERER shall submit a copy of renewal application (addressed to PETRONAS) and acknowledge receipt by PETRONAS. In this case TENDERER shall provide the Online Electronic Licensing and Registration Information System printed out to prove that the application has been submitted and is currently in process.



SECTION 8 - Particular Of TENDERER’s Financial

This information is required to evaluate TENDERER's financial capability. TENDEER shall provide a summary of its Financial Data in the format below. TENDERER shall complete the form as per Attachment FR 8 – TENDERER’s Financial Information and submit the hard copy and soft copy (Microsoft Excel files in CDs) in his submission.

Audited account: Certified copies of TENDERER’s and its Parent Company’s audited accounts certified by the company secretary on the essential pages for the past three (3) full years and latest half year, including:

(a) Financial statement,

(b) Profit and loss account,

(c) Cash flow account,

(d) Balance sheet,

(e) Bank statement duly certified by bank against the originals for the past six months.

as evidence of the TENDERER's credit worthiness and financial soundness.

Source of Fund: Details of its sources of funds (e.g. from shareholders, bank loans, supplier’s credits, etc.) by providing the following information.

(a) Banker’s reference.

(b) Existing credit facilities from financial institutions, names of bankers and summary of banking facilities available to the TENDERER and amounts used up and amounts available.

(c) Bank facility letters duly certified by bank.

(d) Financing from other sources.

Other Information: Such other information as TENDERER may wish to submit to substantiate its financial capability.

Company Name: TENDERER shall enter its Company’s name and sign each page of the above.

Mandatory Evidence: TENDERER must provide the above information, failing which TENDERER will be disqualified.

SECTION 9 - Exception And Deviation (Un-Price)

TENDERER shall fill the form of contractual exceptions (if any) without indication of the price (cost impact) attached as Attachment FR 6 to the TENDER DOCUMENT. Any contractual exceptions not listed in the Attachment FR 6 shall not be considered. Any provision of the DRAFT CONTRACT not commented should be deemed as accepted by TENDERER.

SECTION 10 - Un-Price Quote

TENDERER shall quote and submit the Section 2 – Schedule of Compensation of the DRAFT CONTRACT, without indication of the cost. TENDERER shall indicate with the word “QUOTE” or “NO QUOTE” or “INCLUSIVE” against each item respectively. TENDERER is advised not to submit blank form or tables as this will result in the proposal being not considered.

If “NO QUOTE” is used, TENDERER shall specify the reason for not quoting. TENDERER shall quote for all items listed in Section 2 – Schedule of



Compensation of the DRAFT CONTRACT. Incomplete submission will be treated as non-compliance with TENDER instructions and shall be disqualified.

4.3 Envelope 1, Part 2: Technical Proposal

The Technical Proposal shall contain in the following order:

SECTION 1 - HSE and QMS

TENDERER shall complete and submit Attachment FR 5: HSE and QMS Questionnaire.

SECTION 2 - Project Management Team (Key Personnel)

As a minimum, the Project Management Team shall comprise of all the construction disciplines as listed in Part 2, Section 3: Scope Of Work.

TENDERER shall present a detailed organisation chart of the proposed Project Management Team including QA/QC and HSE Personnel for the project in a family-tree format and shall include all the names and photographs. It shall cover all phases of the Work and show all positions down to field supervisors and trade foremen level. Indicate clearly, which of these personnel the TENDERER currently employs.

This organisation chart shall be complemented with detailed resumes for all members of Project Management Team with details of job description. All resume shall be (original) signed by the proposed personnel and dated accordingly. In addition, TENDERER to provide a summary table of its Project Management Team in the format provided in Attachment FR 10 – TENDERER’s Documentation. The format also provided as Microsoft Excel files in CDs.

TENDERER shall confirm the availability and commitment of all proposed personnel for the duration of the Works.

The suitability and availability of personnel is an important criterion of technical evaluation. Failure to meet the criteria will render TENDERER’s proposal “not acceptable”.

SECTION 3 - Work Programme

Provide a Work Programme for carrying out the construction work. The Work showing clearly the phasing and duration of all major activities and shall be in the form of detailed bar chart on a monthly basis.



SECTION 4 - Manpower Loading

Provide a Manpower and Man-hour Histograms (one each for the Fabrication work and one for Project Management Team). The Fabrication Manpower and Man-hours Histogram shall be presented by trades (include all construction labour and supporting trades) indicating the proposed loading of each trade for the execution of the work on a monthly basis.

TENDERER shall submit a Manpower and Man-hour Histograms in the format provided in Attachment FR 10 – TENDERER’s Documentation. The format also provided as Microsoft Excel files in CDs.

Construction manpower: The TENDERER shall state clearly:

(a) the proportion of foreman to workers.

(b) the proportion of supervisors to foremen.

SECTION 5 - Construction Equipment Loading

TENDERER to provide the equipment loading required for the execution and completion of the WORK. The loading shall be presented by type of equipment (include all Subcontractor and MMHE supply equipment) indicating the proposed loading of each equipment required for the WORK on a monthly basis.

TENDERER to submit the construction equipment loading in the format provided in Attachment FR 10 – TENDERER’s Documentation. The format also provided as Microsoft Excel files in CDs.

SECTION 6 - Previous, Current Work And Past Experience

TENDERER to submit details of its current fabrication projects and those that it has tendered for in the format provided in Attachment FR 10 – TENDERER’s Documentation. This information will be used to evaluate the TENDERER's capacity. The format provided as Microsoft Excel files in CD’s.

In order to evaluate the TENDERER's past experience in similar and/or related work, TENDERER to provide the additional information in the format provided in Attachment FR 10 – TENDERER’s Documentation for work done during the past three (3) years. The format also provided as Microsoft Excel files in CD’s.

SECTION 7 - Constructional Plant And TENDERER Workshop(If Any)

Indicate all equipment owned by the TENDERER and the number of units proposed for the execution of the Works. TENDERER shall submit in the format provided in Attachment FR 10 – TENDERER’s Documentation. TENDERERs may extend or modify the listing of equipment to suit. The format also provided as Microsoft Excel files in CD’s.



4.4 Envelope 2: Commercial Proposal

The Commercial Proposal shall contain in the following order:

SECTION 1 - Cover Letter

The cover letter with TENDERER's letterhead with duly signed by an authorised TENDERER’s representative.

SECTION 2 - Prices and Rates

TENDERER shall enter its rates and prices (detail as provided in Part 2, Section 3 – Schedule of Compensation) into the table provided as Microsoft Excel files in CD’s and return the soft copy (Microsoft Excel files in CD’s) together with the original hard copy by inserting its company name and initial on each page.

The original hard copy and soft copy (Microsoft Excel files in CDs) shall be submitted in a sealed envelope as the Commercial Proposal.

TENDERER shall submit any cost impact for the deviations/qualifications by completing the Attachment FR 6 – Form of Contractual Exceptions.

5. SUBMISSION OF TENDER

5.1 Deadline and Address for Submission

(a) TENDERERs may always submit their tenders by registered post or by hand. TENDER must be received by MMHE at the address as stipulated in Clause 1 of this INSTRUCTIONS TO TENDERER on or before the closing date (“Bid Closing Date”) stated in Invitation to Bid Letter or e-mail issued by MMHE’s Tender Secretariat, local time.

(b) If TENDERER elects to mail their TENDER or send by a Courier Service, TENDERER shall dispatch their TENDER in sufficient time to reach the addressee before the stipulated Bid Closing Date and time. Evidence substantiating the sending shall be no proof of receipt by MMHE unless duly acknowledged by MMHE.

(c) MMHE may, at its discretion, extend the Bid Closing Date for the submission of tenders, in which case all rights and obligations of MMHE and TENDERERs previously subject to the deadline shall thereafter be subject to the deadline as extended.

5.2 Tender Proposal

(a) TENDER shall be issued in:

(i) one (1) original, one (1) copy and 1 CD-ROM for the contractual and technical parts of the TENDER which shall be placed in a sealed envelope marked Envelope 1 mentioning " Contractual and Technical Proposal".

(ii) one (1) original, one (1) copy and 1 CD-ROM for the commercial and financial parts of the TENDER which shall be placed in the sealed envelope marked Envelope 2 mentioning "Commercial Proposal",

(b) The originals and copies of the Commercial, Contractual and Technical Proposals must be identified by marking 'Original' or “Copy” on each proposal.



(c) TENDERER shall duly complete the label given in Attachment FR 3 and shall label each envelope accordingly.

(d) The originals and the copy of the complete proposal shall be sent to the Tender Secretariat at the address as specified in Clause 1 above.

(e) TENDER delivered after the time or not in the format as stipulated in Clause 4 will not be evaluated further. MMHE has no obligation to return such proposals to TENDERER.

(f) The TENDER shall be deemed to remain valid for a period of stated in FR 4: Form of Tender. If non-stated, the TENDER shall be deemed to remain valid for a period of 120 days.

End of Instructions to Tenderer



PART 1

INSTRUCTIONS TO TENDERER

ATTACHMENTS : FORMS



ATTACHMENTS

FR 1 - FORM OF ACKNOWLEDGEMENT

Tender Secretariat c/o Supply Chain Management Division MALAYSIA MARINE AND HEAVY ENGINEERING SDN BHD PLO 3, Jalan Pekeliling, P.O.Box 77 81700 Pasir Gudang Johor, Malaysia Tel : + 60 7 268 2833/2858 Fax: + 60 7 278 0250 Email: [email protected] Dear Sir,

TENDER NO : .............................................................................

TENDER TITLE : .............................................................................

We acknowledge receipt of your TENDER DOCUMENT for the above mentioned, and are in receipt of all documents listed therein.

1. *We hereby accept to respond to your invitation and shall submit our TENDER not later than the Bid Closing Date and we agree to comply with the requirements of the TENDER DOCUMENT.

Our reference for this TENDER within our organisation is .......................................................................................................................................

The person in charge for the TENDER within our organisation is :

Name : : ..................................................................................

Designation : ..................................................................................

Phone : ..................................................................................

Fax : ..................................................................................

Email : ..................................................................................

OR

2. *We hereby decline your Invitation for reason(s) stated below:

__________________________________________________________________

Yours faithfully,

Company Name: ) ........................................................

Signed: ) ........................................................

Name: ) ........................................................

Position: ) ........................................................

Date : ) ........................................................

(*) Delete as applicable



FR 2 - CHECKLIST FOR TENDER SUBMISSION

TECHNICAL PROPOSAL

TECHNICAL PROPOSAL – PART 3

ITEM DESCRIPTION SUBMISSION

REMARKS YES NO N/A

Section 1 - Particular of Contractor’s Financial

TECHNICAL PROPOSAL – PART 4

Section 1 - Quality Assurance and Quality Control

1.1 Policy

1.2 Manual

1.3 Quality System Certificate

1.4 Quality Programme

Section 2 - Health, Safety and Environment (HSE)

2.1 Policy

2.2 HSE Organization Chart

2.3 HSE Manual

2.4 HSE Statistic

Authorized Signature ) ………………………………….......................... Name/Designation ) ………………………………….......................... Company Stamp ) ………………………………….......................... Date ) ………………………………….......................... Notes : CHECKLIST FOR TENDER SUBMISSION to be submitted together in Envelope 1, Part 1 –Contractual Proposal



FR 3 – LABELS

CONTRACTUAL AND TECHNICAL PROPOSAL

SEALED ENVELOPE –DO NOT OPEN WITHOUT PRIOR AUTHORISATION

MALAYSIA MARINE AND HEAVY ENGINEERING SDN BHD Attention: Tender Secretariat

TENDER BOX : <…> TENDER DOCUMENT REF: <...>

TENDER TITLE: <..> PROJECT: <..>

BID CLOSING DATE: <..>

ENVELOPE 1 – CONTRACTUAL AND TECHNICAL PROPOSALS

TENDERER NAME:

COMMERCIAL PROPOSAL

SEALED ENVELOPE – DO NOT OPEN WITHOUT PRIOR AUTHORISATION

MALAYSIA MARINE AND HEAVY ENGINEERING SDN BHD Attention: Tender Secretariat

TENDER BOX : <…> TENDER DOCUMENT REF: <...>

TENDER TITLE: <..> PROJECT: <..>

BID CLOSING DATE: <..>

ENVELOPE 2 – COMMERCIAL PROPOSALS

TENDERER NAME:



FR 4 - FORM OF TENDER

Tender Secretariat

c/o Supply Chain Management Division

MALAYSIA MARINE AND HEAVY ENGINEERING SDN BHD

PLO 3, Jalan Pekeliling, P.O.Box 77

81700 Pasir Gudang

Johor, Malaysia

Tel : + 60 7 268 2833/2858

Fax: + 60 7 278 0250


Dear Sirs,

TENDER NO : .............................................................................

TENDER TITLE : .............................................................................

We, the undersigned TENDERER, having examined and noted the TENDER DOCUMENT, reference mentioned above, comprising of:

PART 1 : INSTRUCTIONS TO TENDERER; and

PART 2 : DRAFT CONTRACT comprising of the following, together with its appendices:

Form of Agreement

Section 1 - Conditions of Subcontract

Section 2 - Schedule of Compensation

Section 3 - Scope of Work

Section 4 - Health Safety and Environment (“HSE”) Requirement

Section 5 - Administration Procedures

Section 6 - Drawings

Section 7 - Specification

and considering our TENDER, we undertake to perform the WORK and obligations described in the TENDER DOCUMENT, the rates and prices that have been filled and duly signed which shall form the basis for the valuation of work done and any variation i.e. addition or reduction from the CONTRACT may from time to time to be ordered by MMHE., as submitted separately in our Commercial Proposal, all in accordance with the terms and conditions set forth in the TENDER DOCUMENT.



1. We acknowledge receipt of the following addenda to the TENDER DOCUMENT issued by MMHE during the TENDER period:

(a) ..................................................................................................................

(b) ..................................................................................................................

(c) ..................................................................................................................

(d) ..................................................................................................................

(e) ..................................................................................................................

(f) ..................................................................................................................

and have taken the changes contained therein into account in making this offer.

2. We agree to keep this TENDER open for a period of one hundred and twenty (120) calendar days from the Bid Closing Date or any extension to the Bid Closing Date and it shall remain binding upon us and may be accepted by MMHE at any time before the expiration of such period, and will deposit with MMHE the following

(a) Performance Bond within the time specified in the Letter of Award or Service Order;

(b) Evidence of the insurances stipulated in DARFT CONTRACT within the time specified in the Letter of Award or Service Order.

Until a formal CONTRACT is executed, Letter of Award or Service Order shall constitute a binding contract between MMHE and TENDERER.

3. Should this TENDER be accepted, within the period of time mentioned in the foregoing provision, we agree to enter into a formal CONTRACT to perform the WORK in accordance with the requirements of the DRAFT CONTRACT, Exhibits and the Appendices listed herein above.

4. We understand that you are not bound to accept the lowest or any TENDER you may receive or to give any reason or explanation for rejection of TENDER. We agree that your decision shall not be contested or opposed by us, and that the submission of this TENDER and possible subsequent discussions does not involve MMHE incurring any costs whatsoever.

Duly authorised to commit on behalf of: Company Name: ) ........................................................

Signed: ) ........................................................ Name: ) ........................................................ Position: ) ........................................................ Date : ) ........................................................



FR 5 – TENDERER’S HSE AND QMS INFORMATION

QHSE DOCUMENTATION CHECKLIST

SECTION 1 (REQUIRED DOCUMENTS)

Instruction to TENDERER :

Please attach the following documents upon submission of this QHSE Questionnaire for further review by MMHE Evaluator

7 List of Documents Checklist (/) Remark

a. Company Organization and Functional Chart

b. Project Organizational Chart

c. HSE Organizational Chart

d. Quality Policy and Objectives (Where Applicable)

e. HSE Policy and Manual / Plan (Where Applicable)

f. Certified Copy of ISO Certificate (Where Applicable)

g. Quality Management Manual (Where Applicable)



7 List of Documents Checklist (/) Remark

h. List of Procedures / Work / Service Instructions

i. Job Description (Key Personnel)

j. List of Training (Last Fiscal Year)

h. HSE Committee Minutes of Meeting / Supporting Document(s)

i. HSE Statistics

j. HSE Performance Statistic (For Past 5 Years)

k. Registered Aspects and Impact (Environmental Management System)

l. Inspection Schedule and Checklist on Equipment and Machinery



QUALITY ASSURANCE QUESTIONNAIRE

SECTION 2 (PART A: QUALITY ENDORSED COMPANY)

Instruction to TENDERER : Please value your answer with YES or NO or Not Applicable (NA) and further clarify your answer (where applicable) in the Justification / Remark column below. The final score shall be valued by MMHE based on answers provided.

CATEGORY

CONFIRMATION ITEM

ANSWER

JUSTIFICATION (Please Fill in Your Answer Here) YES

NO

N/A

Cert

ific

ation / S

tatu

s In

fo

4.1.

Please state the Certificate / Registration Number and Date. Is this information has been communicated throughout the company?

4.2.

Address of the certified location if not on the certificate of registration or schedule.

4.3.

Is the proposed product or service to be purchased, made, manufactured or assembled at the certified location? If NO, please justify why.

4.4.

Is there a third party certification audit been carried out? When was it conducted?



CATEGORY

CONFIRMATION ITEM ANSWER

JUSTIFICATION (Please Fill in Your Answer Here) YE

S NO

N/A

Qualit

y M

anag

em

ent

Syste

m

4.5. Are there approved company's policy and Quality Plan / Manual established and communicated throughout the company?

4.6. Can you provide a copy of company' s Policy and Quality Objectives? Please explain its deployement within the company.

4.7. Is there a list of procedures and documented job instructions currently in operation for the work scope subject of this prequalification? Kindly provide the list.

4.8. Do your processes include an inherent quality improvement initiative? How does it work?

4.9. Does your company have a procedure to control the Quality Management System record?

4.10.

Do your company have current internal audit program / schedule? Please provide a copy of such document.

4.11.

Is the obsolete procedures / documents been managed? Please specify how?



CATEGORY CONFIRMATION ITEM ANSWER JUSTIFICATION (Please Fill in Your Answer Here)

YES NO N/A

Org

aniz

atio

n a

nd M

ana

ge

ment

Com

mitm

ent

4.12.

Does the Management in your Company communicate to employees the company objective to meet the customer / statutory / regulatory requirements? How this has been communicated / channel to employees?

4.13.

Has your company organization chart showing the reporting relationships? Please provie a copy of the company organization that defined the quality responsibility and authority.

4.14. Are Quality Steering Committee and Quality Management Review formed and functioning? Are the review records been maintained?

4.15. Is your company management involved in managing the Quality and promote the Quality culture to the workers? Kindly justify how the process has been implemented.

Org

aniz

atio

n a

nd M

ana

ge

ment

Com

mitm

ent (C

ontinu

ed)

4.16. Do Quality Surveillence Management has been carried out? How Frequent it is to ensure the effectiveness of the Quality Management System implemented?

4.17. Is Client Quality concerns communicated to Management level?

4.18. Is there any selection basis use to approve suppliers / subcontractors who provide goods and/or services to your company.Please justify.

4.19. Is your company free from any outstanding issues / NCRs from the audit, which could effect certification?

4.20. Do management supports to provide enough resources for identified project to increase compliance to Quality and Client requirements?



CATEGORY CONFIRMATION ITEM ANSWER

JUSTIFICATION (Please Fill in Your Answer Here)

YES NO N/A

Contr

ol &

Pla

nnin

g o

f P

rod

uct

4.21. Is there a planning function to control service / product manufacturing, assembly, and inspection?

4.22. Does your company have a documented system or process for the review of product / service / quality requriement?

4.23. Is there a recovery plan established and how do you monitor it?

4.24. Is there any inspection done to ensure the quality of the product / services?

4.25. Do you have daily checking plan / record to monitor and control the quality of the service / product?

4.26. Does the inspection record is maintained and available upon request?

4.27. Do you have procedure to evaluate and select suppliers / subcontractors?

4.28. Do you clarify your request by document to your suppliers / subcontractors?

4.29. Do you know the quality status of suppliers / subcontractors products / services and provide the feedbackt to them?

4.30. Do you have approved vendor (supplier / subcontractor) list to perform the work / job? How do you manage this?



QUALITY ASSURANCE QUESTIONNAIRE

SECTION 2 (PART B: NON-QUALITY ENDORSED COMPANY)


CATEGORY

CONFIRMATION ITEM

ANSWER


NO

N/A

Org

aniz

atio

nal &

M

ana

ge

ment

Co

mm

itm

ent

4.1. Is there any organisational documentation that explains the reporting relationship of personnel responsible for the assigned work?

4.2. Is there a title for the person who has total and overall responsibility for company and have functions for the resolution of all quality issues? Please briefly explain.

4.3. Does the responsible person have authority to stop production? Where it is been stated?

4.5. Is management review product realization / services & support processes to ensure effectiveness and efficiency?

4.6. Have any regulatory inspected / audited your company / facility in the last five (5) years? If YES, please provide the following: (1) Auditor's Company Name: (2) Audit Date: (3) Audit Result:



CATEGORY

CONFIRMATION ITEM ANSWER JUSTIFICATION (Please Fill in Your

Answer Here) YES NO N/A

Docum

enta

tio

n

4.7. Are company policy objectives and procedures for controlling quality set out in authorised company documents; i.e. Quality Manual and Control Procedures?

4.8. Is there a list of procedures and documented job instructions currently in operation for the identified work scope(s)? Kindly provide the list.

4.9. Do these documents include the quality standards to be achieved? (Provide Example)

4.10.

Does your company have a documented system or process for the review of contractual requirements to ensure: • All Quality requirements are manageable. • Timely identification and procurement of materials / services? • Correct inspection and testing techniques? • All technical, schedule, documentation and commercial requirements are specified to the organisation? • All necessary equipment, documentation, manpower is available? • Etc.

4.11.

Are manuals/procedure/ work instructions established appropriate with the operations to be performed, and communicated to the employee? How?

4.12.

Is there an appointed focal point / personnel to ensure the process carried out are as per required standard by your Client / Customer?

Docum

enta

tio

n

(Continue

d) 4.13

. Are the Procedures and job instructions revised and communicated immediately once a change or need is identified? (How)

4.14.

Is the obsolete procedures / documents been managed? Please specify how?





YES NO N/A

Co

ntr

ol &

Pla

nn

ing

of

Pro

duct

4.15. Is non-conforming product / work identified, documented, and disposition?

4.16. Is there a system for proving that employees effectively use work instructions and regulations?

4.17. Is IT (Information Technology) facilities used for business transaction? Is proper data back-up practice?

4.18. Is the progress of the project monitored? How?

4.19. Do you have approved vendor (supplier / subcontractor) list to perform the work / job? How do you manage this?

4.20. Is there any selection basis use to approve suppliers / subcontractors who provide goods and/or services to your company? Please justify.

4.21. Is Customer feedback / complaints and satisfaction measured and improved and effectively communicated to respective personnel? Is this reported to management?

4.22. Does your company have a documented system or process for the review of product / service / quality requirement?

4.23. Zero / non NCRs receive from MMHE. If there is NCR issued, does your company verify it effectively for closure?

4.24. Do your company implement and monitor Permit To Work (PMT) and Job Safety Analysis (JSA) for critical works?

4.25. Is Emergency Response Preparedness (ERP) established, understood and implemented?

4.26. Is HIRAC for company established?

4.27. Is there a recovery plan established and how do you monitor it?



4.28. Is there any inspection done to ensure the quality of the product / services? Does the inspection record is maintained and available upon request? Please briefly explain.

4.29. Does a process exist for investigation accidents / incidents?

4.30. Do you have daily checking plan / record to monitor and control the quality of the service / product?



HSE QUESTIONNAIRE

Completed by (Subcontractor / Supplier)

SECTION 3 (HEALTH, SAFETY AND ENVIRONMENT)


CATEGORY

CONFIRMATION ITEM

ANSWER


NO

N/A

Ce

rtific

atio

n

6.1.

Does your company certified with below ISO certificates? a. ISO OHSAS 18001:2007 b. ISO EMS 14001-2004

6.16.

Does your company share the lessons learned on incidents and near misses? How it is being communicated / cascaded to all employee / subcontractor?



CATEGORY CONFIRMATION ITEM ANSWER JUSTIFICATION (Please Fill in Your Answer

Here) YES NO N/A

Po

licy a

nd

Pro

ce

du

re / W

ork

In

str

uctio

n

6.2. Does your business required any of government statutory requirement ? If Yes, please state the type of permit e.g. Poison Permit.

6.3. Is your company HSE policy clearly defined and endorsed by top management?

6.4. Does your company have any other policies other than HSE policy e.g. drug and alcohol (DNA) policy / stop work policy and etc.?

6.5. Is HSE Plan and HSE Manual established and approved. If yes how does this been executed and communicated.

6.6. Is HSE committee established? If Yes, please provide the HSE Organizational chart.

6.7. Is HSE committee meeting been conducted regularly? If Yes, how often it is and please provide the supporting document(s) e.g. Latest Minutes of Meeting.

6.8. Is there any HSE work instruction in a standard operational procedure (SOP) established and approved?

6.9. Is there any HSE statistic available for review? Please provide the document.

6.10. Is HSE performance being monitored? Is there any action plan taken for the required improvement area? If Yes, please provide past year(s) statistic.

6.11. Is the safety behaviour program planned and implemented e.g. 5S / Safety Walkabout / Tool Box Talks / Safety Talk and etc. If Yes, please briefly explain.

6.12. Do you have procedure on incident / accident reporting, investigation and mitigation action?

6.13. Does the MMHE (HSE requirement) been communicated to your employee / subcontractor / transporter etc.? Please briefly explain

6.14. Is there any incident / accident trending analysis has been carried out e.g. barchart / graph / pie chart etc.

6.15. Is there a periodic management system review of key processes, procedures, and standards to ensure compliance and performance improvement on HSE?

6.16. Does your company share the lessons learned on incidents and near misses? How it is being communicated / cascaded to all employee / subcontractor?





YES NO N/A

Co

ntig

en

cy a

nd

Em

erg

en

cy P

lan

nin

g

6.17. Is Hazard Identification, Risk Assessment and Control (HIRAC) for company established?

6.18. Is the Job Safety Analysis (JSA) / Job Hazard Analysis (JHA) for certain critical work established / prepared?

6.19. Do your company have health surveillance program e.g. medical checkup / audiomatric test / health talk?

6.20. Do your employees have the authority to stop work for safety reasons? If Yes, where this has been stated?

6.21. Have you received any regulatory citations or been involved in any court litigation related to HSE incidents or noncompliance in the last three years?

6.22. Are employees provided with the required Personal Protection Equipment (PPE) for the job performs?

6.23. Is Chemical Safety Data Sheets (CSDS) / Material Safety Data Sheets (MSDS) available (for the usage of any chemical / dangerous goods)?

6.24. Do you have a process in place to track recommendations and corrective actions to completion within the assigned time?

6.25. Is Emergency Response Preparedness (ERP) established, communicated and implemented?





YES NO N/A

Co

mp

ete

ncy

6.26. Does your company conduct the HSE internal / external audit?

6.27. Is HSE personnel competent and have adequate training to perform HSE works matters?

6.28. Is the HSE training need analysis (TNA) established, monitored and evaluated?

6.29. Do employees have HSE induction / orientation for new staff?

6.30. Is HSE performance included in the employee appraisal?

6.31. Is Hse requirement communicated to foreign worker? If Yes, how this has been measured?

6.32. Does the drug and alcohol test been carried out to your employee?

6.33 Do your employees participate in team activities to improve HSE performance?

6.34. Do you have any PPE exchange / replacement program for the employee e.g. wear and tear?



CATEGORY CONFIRMATION ITEM ANSWER JUSTIFICATION (Please Fill in Your

Answer Here) YES NO N/A

Enviro

nm

enta

l M

ana

ge

ment

Syste

m

6.35. Does your company have the aspect and impact registered? If Yes, please provide evidence.

6.36. Does your company have environmental management plans?

6.37. Is the scheduled waste management in place? Please briefly explain.

6.38. Is proper containment in place at the storage area e.g. spill kit / bund wall / and etc.?

6.39. Is there any inspection schedule and checklist for equipment and machinery established? If Yes, provide evidence.

Inspection

6.40. Is there any appointed personnel to conduct the inspection?

6.41. Does the operating equipment document and validity comply with regulatory requirements? Example PMA / PMT certificate / insurance.

6.42. Do you have proper storage facilities e.g. emergency kit / fire extinguisher / ventilation and etc.?

6.43. Do your employees understands the process of incident, near miss and how to report it?

6.44. Is safety packaging instruction to protect materials from damage established?

6.45. Is preventive maintenance and surveillance check are regularly carried out?



FR 6 - FORM OF CONTRACTUAL EXCEPTIONS

TENDERER’s COMPANY NAME : <> TENDER REFERENCE: <>

Our TENDER is in strict compliance with the TENDER DOCUMENTS (*) Our TENDER is in strict compliance with the TENDER DOCUMENTS (*), except for those listed hereafter (*)

The price Cost Impact shall not be indicated in the Contractual Proposal. The cost impact shall be submitted in the Commercial Proposal.

(*) delete the one not applicable DRAFT CONTRACT

Clause / Attachment / Exhibit /Appendix TENDERER’s exception Cost

Impact

Y/N

The Price for the Cost Impact

(RM)

MMHE’s answer



FR 8 – TENDERER’S FINANCIAL INFORMATION

RM'000

2009 2010 2011

Audited Audited Audited

2009 2010 2011

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

FINANCIAL DATA TEMPLATE

Retained / Accumulated Profit

Shareholder's Fund / Capital Employed

Long Term and Deferred Liabilities

>>> Balance Check <<<

Amount Owing To Directors

Amount Owing To Holding Co / subs / assoc

Total Current Liabilities

Net Current Assets / (Liabilities)

FINANCED BY :

Share Capital

Total Current Assets

Current Liabilities

Trade & Other Payables

Bank Overdraft

Others

Trade & Other Receivables

Fixed Deposit, Cash & Bank Balances

Inventories

Others

Amount Owing By Directors

Amount Owing By Holding Co / subs / assoc

BALANCE SHEET

Non Current Assets

Property / Plant / Equipment

Others

Total Non Current Assets

Current Assets

TENDER TITLE

PART 1 : FINANCIAL DATA

INCOME STATEMENTS

Revenue / Sales

Net Profit/ (Loss) Before Tax

BIDDER NAME

TENDER NO.



FR 9 – FORMAT OF TENDER BOND BANK GUARANTEE

(LETTERHEAD OF BANK)

Tender Secretariat c/o Supply Chain Management Division



81700 Pasir Gudang

Johor, Malaysia

Tel : + 60 7 268 2833/2858

Fax: + 60 7 278 0250


TENDER TITLE : TENDER NO : Dear Sir, BANK GUARANTEE TENDER BOND As requested by TENDERER,………………………………………………we hereby irrevocably and unconditionally guarantee that the sum of Ringgit Malaysia : <…> Only (RM<….>) being the amount of Tender Bond required to be deposited with Malaysia Marine And Heavy Engineering Sdn Bhd (MMHE) in accordance with conditions of the TENDER Document for the (TENDER TITLE & REFERENCE NO) for (PROJECT NAME) shall become payable by us immediately on first written demand, without proof or condition, given to us by MMHE. We agree that we shall not be discharged or released from this Guarantee by any agreement made between the TENDERER and Malaysia Marine And Heavy Engineering Sdn Bhd (MMHE) with or without our consent or by the alteration in the obligations undertaken by the TENDERER or any forbearance or by any change in the name or constitution of Malaysia Marine And Heavy Engineering Sdn Bhd (MMHE) or the TENDERER. This Guarantee is effective from the date of the PROPOSAL submitted by the TENDERER, i.e. ………………………………………………………………………….. and it is to remain in force until ………………….2013.., i.e. (<…>) days from ………………………………………. 2013… after a notice in writing to discontinue the same is given by MMHE or its authorized representative or until the TENDERER is notified in writing that this TENDER is unsuccessful.



All claims if any, in respect of this Guarantee must be received by the TENDERER in writing on or before .............. (hereinafter referred to as the “Expiry Date”) i.e. within 3 months after the expiry of the Guarantee, failing which all the TENDERER’s liabilities and obligations hereunder shall be absolved and this Guarantee shall be automatically be terminated and shall be null and void and of no further effect whatsoever irrespective of whether or not this Guarantee is returned to the TENDERER for cancellation. Signed: …………………………………….. Name Designation for and on behalf of Name of Bank: …………………………………….. Date :……………………………….. Banker’s Seal



FR 10 – TENDERER’S DOCUMENTATION

Project Management Team (Key Personnel)

No

.

Na

me

Pro

po

se

P

ositio

n fo

r th

is P

roje

ct

Ag

e

Na

tio

nalit

y

Qu

alif

ica

tio

ns

Language Proficiency

(Spoken and

Written)

Total experience

(years)

Number of years in oil &

gas industry

Number of years

in proposed position

Current Employment

Status

1

2

3

Man-hour Histograms Format

0

50000

100000

150000

200000

250000

300000

MA

NH

OU

RS

HUC Personal

HTI Personnel

Precomm Personal

HVAC-Helper

HVAC-Tech

HVAC-Fitter

HVAC-Welder

Arch-Helper

Carpenter

Arch-Fitter

Mech Helper

Mech.Fitter

Mech.Welder

Ins Helper

Ins Fitter

Ins Welder

Ins Technician

Ele Helper

Ele Fitter

Ele Welder

Pip Helper

Pip Insulator

Pip Fitter

Pip Welder

B/P Helper

Painter

Blaster

Strl Helper

Strl Fitter

Strl Welder

MONTHLY Mar-11 Apr-11 May-11 Jun-11 Jul-11 Aug-11 Sep-11 Oct-11 Nov-11 Dec-11 Jan-12 Feb-12 Mar-12 Apr-12 May-12 Jun-12 Jul-12 Aug-12 Sep-12

Strl Welder 9643 33196 24456 30124 46061 49710 44314 38571 33760 10956 11066

Strl Fitter 9643 33196 24456 25473 38870 41715 46320 34162 21473 5478 11278

Strl Helper 19286 65908 47543 47674 71463 68677 66543 55389 33247 5478 11278

Blaster 1911 3936 6681 1827 4564 6067 5064 4270 3739 672

Painter 1911 3936 6681 2112 4564 6792 6873 4589 3739 672

B/P Helper 2548 5326 9101 2383 6485 9970 9712 7414 5125 896

Pip Welder 571 4813 9604 16770 11855 3073 641

Pip Fitter 922 5873 12272 21366 20938 12490 7681

Pip Insulator 685 209

Pip Helper 1492 9889 19244 28166 23630 13592 12620

Ele Welder 51 152 587 641 151

Ele Fitter 78 793 2861 7157 1207

Ele Helper 129 913 3536 9573 1741

Ins Technician 143 2330 5429 1291 1136

Ins Welder 43 359 660 488 531 689 674

Ins Fitter 43 359 660 488 818 1894 15136 6786 3945

Ins Helper 86 717 1320 976 846 3242 17666 9842 5762

Mech.Welder 171 171 186 163 267 200

Mech.Fitter 137 137 148 131 2534 1633 173 896

Mech Helper 171 171 186 163 4936 3101 279 1859

Arch-Fitter 1751 1517 422

Carpenter 609 2149 2477 2846

Arch-Helper 2337 2934 527

HVAC-Welder 123 308 39

HVAC-Fitter 125 367 88

HVAC-Tech 44 275 67

HVAC-Helper 193 636 422 76

Precomm Personal 4019 9981

HTI Personnel 3159 6173 8748 2831 2739 1270 6204 8449 7888 1069

HUC Personal 16476 3634

TOTAL 0 0 0 0 38572 138670 109825 130807 174993 212648 234965 241497 215197 103431 84752 6204 8449 24364 4703

CUMMULATIVE 0 0 0 0 38572 177242 287067 417874 592867 805515 1040480 1281977 1497174 1600605 1685357 1691561 1700010 1724374 1729077



Manpower Histograms Format

Previous, Current Work And Past Experience

No

.

Pro

ject

/De

scrip

tio

n

of

Wo

rks

Clie

nt

Pro

ject

Va

lue

(R

M)

Project Volume* [see note

below]

Aw

ard

Da

te

Fabrication Start Date

Fabrication Completion

Date

Loadout Date

%

Completed

A Existing Projects

1

2

3

B Tendered Projects

1

2

3

Note: Project volume such as Dia-Inch for pipework, structure weight for steelwork and Topsides weight for other disciplines.

0

100

200

300

400

500

600

700

800

900

1000

1100

1200

1300

1400

1500

MA

NH

OU

RS

HUC Personal

HTI Personnel

Precomm Personal

HVAC-Helper

HVAC-Tech

HVAC-Fitter

HVAC-Welder

Arch-Helper

Carpenter

Arch-Fitter

Mech Helper

Mech.Fitter

Mech.Welder

Ins Helper

Ins Fitter

Ins Welder

Ins Technician

Ele Helper

Ele Fitter

Ele Welder

Pip Helper

Pip Insulator

Pip Fitter

Pip Welder

B/P Helper

Painter

Blaster

Strl Helper

Strl Fitter

Strl Welder

MONTHLY Mar-11 Apr-11 May-11 Jun-11 Jul-11 Aug-11 Sep-11 Oct-11 Nov-11 Dec-11 Jan-12 Feb-12 Mar-12 Apr-12 May-12 Jun-12 Jul-12 Aug-12 Sep-12

Strl Welder 0 55 189 139 171 262 282 252 219 192 62 63 0 0 0 0

Strl Fitter 0 55 189 139 145 221 237 263 194 122 31 64 0 0 0 0

Strl Helper 0 110 374 270 271 406 390 378 315 189 31 64 0 0 0 0

Blaster 0 0 11 22 38 10 26 34 29 24 21 4 0 0 0 0

Painter 0 0 11 22 38 12 26 39 39 26 21 4 0 0 0

B/P Helper 0 0 14 30 52 14 37 57 55 42 29 5 0 0 0 0

Pip Welder 0 0 0 0 0 3 27 55 95 67 17 4 0 0 0 0

Pip Fitter 0 0 0 0 0 5 33 70 121 119 71 44 0 0 0 0

Pip Insulator 0 0 0 0 0 0 0 0 4 1 0 0 0 0 0 0

Pip Helper 0 0 0 0 0 8 56 109 160 134 77 72 0 0 0 0

Ele Welder 0 0 0 0 0 0 0 0 1 3 4 1 0 0 0 0

Ele Fitter 0 0 0 0 0 0 0 0 5 16 41 7 0 0 0 0

Ele Helper 0 0 0 0 0 0 0 1 5 20 54 10 0 0 0 0

Ins Technician 0 0 0 0 0 0 0 1 13 31 7 6 0 0 0 0

Ins Welder 0 0 0 0 2 4 3 3 4 4 0 0 0 0 0 0

Ins Fitter 0 0 0 0 2 4 3 5 11 86 39 22 0 0 0 0

Ins Helper 0 0 0 0 4 8 6 5 18 100 56 33 0 0 0 0

Mech.Welder 0 0 0 0 1 1 1 1 2 1 0 0 0 0 0 0

Mech.Fitter 0 0 0 0 1 1 1 1 14 9 1 5 0 0 0 0

Mech Helper 0 0 0 0 1 1 1 1 28 18 2 11 0 0 0 0

Arch-Fitter 0 0 0 0 0 0 10 9 2 0 0 0 0 0 0 0

Carpenter 0 0 0 0 0 0 3 12 14 16 0 0 0 0 0 0

Arch-Helper 0 0 0 0 0 0 13 17 3 0 0 0 0 0 0 0

HVAC-Welder 0 0 0 0 0 0 1 2 0 0 0 0 0 0 0 0

HVAC-Fitter 0 0 0 0 0 0 1 2 1 0 0 0 0 0 0 0

HVAC-Tech 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0

HVAC-Helper 0 0 0 0 0 0 1 4 2 0 0 0 0 0 0 0

Precomm Personal 0 0 0 0 0 0 0 0 0 0 23 57 0 0 0 0

HTI Personnel 0 16 32 46 15 14 0 0 7 32 44 41 6

HUC Personal 0 0 0 0 0 0 0 0 0 0 0 86 19

TOTAL 0 0 0 0 219 788 624 742 991 1204 1334 1371 1223 588 481 32 44 127 24

CUMMULATIVE 0 0 0 0



No.

Client

Project/Description of Works

Project Volume* [see note

below]

Completed

Date

Contract duration

(to fabrication completion) including extensions

(month)

Actual Total

Duration (to

fabrication) (months)

Actual Fabrication Duration (cutting of

steel to completion) (months)

1.

2.

3.

4.

5.

Note: Project volume such as Dia-Inch for pipework, structure weight for steelwork and Topsides weight for other disciplines.

Constructional Plant And TENDERER Workshop(If Any)

No. Equipment and Tools Quantity Own/Rental Condition

1.

2.

3.

No Type of Workshop

Own/

Rental/

Nil

Address

1.

2.

3.



FR 11 – SECRECY DECLARATION

Tender Secretariat

c/o Supply Chain Management Division



81700 Pasir Gudang

Johor, Malaysia

Tel : + 60 7 268 2833/2858

Fax: + 60 7 278 0250


Dear Sir,

TENDER NO : .............................................................................

TENDER TITLE : .............................................................................

SUBJECT : SECRECY DECLARATION

We, undersigned, in consideration of the receipt of the above referenced TENDER DOCUMENT hereby declare to that:

1. We shall at no time, without the prior written consent of MALAYSIA MARINE AND HEAVY ENGINEERING SDN BHD disclose to any third party any CONFIDENTIAL INFORMATION contained in the said TENDER DOCUMENT. The term “third party” shall mean any person or legal entity which has not received the TENDER DOCUMENT ref. <...>.

CONFIDENTIAL INFORMATION means any technical or commercial data and any other information of a confidential nature contained in the documents issued to us as part of the TENDER DOCUMENTS or developed by us in connection with said TENDER.

The undertaking here above shall not apply to CONFIDENTIAL INFORMATION:

a) Which at the time of the disclosure was already common knowledge,

b) Which subsequent to the disclosure becomes common knowledge through no fault on our part,

c) Which prior to the disclosure was already part in our lawful possession,

d) Which is disclosed to us without restriction by a third party who has the lawful right to disclose such information.

2. We shall not use CONFIDENTIAL INFORMATION for any other purpose than for the preparation of our TENDER.

3. We hereby acknowledge that all property and title to the CONFIDENTIAL INFORMATION shall remain with MALAYSIA MARINE AND HEAVY ENGINEERING SDN BHD.



4. We shall only convey CONFIDENTIAL INFORMATION to such person or persons as shall be necessary for the preparation of our TENDER and shall bind such person or persons to observe the terms of this secrecy declaration.

5. This declaration shall be effective on the date on which the TENDER DOCUMENTS are supplied to us.

6. This declaration shall be governed by the Laws of Malaysia.

Accepted and agreed for and on behalf of: .............................

Name (duly authorised):

Title:

Signature:

Date: TENDERER’s stamp:



FR 12 – FAMILY MEMBERS DECLARATION FORM

To: Tender Secretariat Malaysia Marine and Heavy Engineering Sdn. Bhd. 81700 Pasir Gudang, Johor

Dear Sir,

Tender No. Tender Title :

In consideration of the Company named on the last page of this form being permitted to (a) receive enquiry documents and (b) submit a bid for the above-mentioned Invitation to Bid (“ITB”) Company hereby declares that it has not obtained or induced the procurement of any contract, right, interest, privilege or other obligation or benefit from MMHE through any corrupt business practice.

The Company accepts full responsibility and strict liability for making any false declaration, not making full disclosure, misrepresenting facts or taking any action likely to defeat the purpose of this declaration, representation and warranty. It agrees that any contract, right, interest, privilege or other obligation or benefit obtained or procured as aforesaid shall, without prejudice to any other rights and remedies available to MMHE under any law or SUBCONTRACT.

Notwithstanding any rights and remedies exercised by MMHE in this regard, Company agrees to indemnify MMHE for any loss or damage incurred by it on account of its corrupt business practices.

Company hereby declares the below are the Family members whom are currently employed with MMHE. (Reference to “Family” in this declaration includes spouse, spouse’s parent, parent, parents’ sibling, children of parents’ sibling, child (including adopted child and step-child), brother, sister and their respective spouses)

No Name NRIC Relationship



Company hereby declares the below are the Family members whom are currently having shareholders or director in other companies.

No Name NRIC Relationship Company

Signed: ) ........................................................ Name: ) ........................................................ Position: ) ........................................................ Duly authorised to commit on behalf of Company Name: ) ........................................................

Address: ) ........................................................

) ........................................................

) ........................................................

) ........................................................

Contact person: ) ........................................................ Phone No: ) ........................................................ Fax No: ) ........................................................


PART 2 – DRAFT CONTRACT

PART 2 : DRAFT CONTRACT

1. FORM OF AGREEMENT

2. SECTION 1 – CONDITIONS OF SUBCONTRACT

3. SECTION 2 – SCHEDULE OF COMPENSATION

4. SECTION 3 – SCOPE OF WORK

5. SECTION 4 – HEALTH SAFETY AND ENVIRONMENT (“HSE”) REQUIREMENT

6. SECTION 5 – ADMINISTRATION PROCEDURES

7. SECTION 6 – DRAWINGS

8. SECTION 7 – SPECIFICATION