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INSTRUCTIONS TO TENDERERS

1. DEFINITIONS AND INTERPRETATION

1.1 Throughout this Invitation to Tender and any resultant Contract, unless the

context otherwise requires, the following definitions shall apply :

"Closing Date" means the latest closing date of the Tender as notified by theHDB.

"Conditions of Contract" also includes such clauses from the Compendium ofAdditional Clauses as will form part of the Contract.

Consultant refers to any firm/company as appointed by the HDB.

"Contract" means any resultant contract and its annexes between the HDB andthe successful Tenderer.

"Contractor" means the successful Tenderer.

"Debar" means to be forbidden from participating in GovernmentMinistries'/Departments' and Statutory Boards' tender(s).

"Financial Category" means the financial limit as determined by theGovernment Registration Authorities up to which the company or corporation isallowed to participate in any one single tender.

GeBIZ means Government Electronic Business.

"Government Registration Authorities (GRA)" include the Building &Construction Authority (BCA) and the Expenditure & Procurement Policies Unit(EPPU) of the Ministry of Finance and such other government and/or statutorybodies and/or any other relevant bodies as shall be required by the HDB fromtime to time.

"GST" means any applicable goods and services tax as defined under theGoods and Services Tax Act 1993

"HDB" means the Housing and Development Board, a body corporateestablished under the Housing and Development Act (Cap. 129).

"Invitation to Tender" means the invitation to participate in this Tender andcomprises all tender documents forwarded to the Tenderer inclusive of theCovering Letter, Form of Tender, Instructions to Tenderer, the relevantConditions of Contract for Construction Works, Evaluation Criteria,Specifications, the Schedule(s) of Rates, all Drawings listed in theSpecifications, all Amendment Letters issued by the HDB/Consultant, and allother documents specified by the HDB/Consultant from time to time.

"J oint Venture" means an arrangement between two or more company orcorporation to jointly participate in any one single tender.

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1.1 DEFINITIONS AND INTERPRETATION (CONTD)

"Procurement Office" means the place designated by the HDB as theProcurement Office of the Development & Procurement Department, Housingand Development Board, at the Basement 1, HDB Hub, 480, Lorong 6, Toa

Payoh, Singapore 310480.

"Supply Category/Head" means the category of business which the companyor corporation is allowed to carry out as registered by the GovernmentRegistration Authorities.

"Tender" means a definite offer to do works or supply goods or services and allthat is necessary for providing the same as is specified or reasonably to beinferred from the Invitation to Tender at a price submitted via GeBIZ.

"Tenderer" means a person or his permitted assigns tendering to provide theGoods and/or Services, and shall be deemed to include two or more persons ifappropriate.

Saved as set out above, all other terms referred to in this Invitation to Tendershall have the same meanings as those given in the Conditions of Contract.

1.2 Where the context admits :

a. words importing the singular number shall include the plural number andvice versa;

b. words importing a person also includes a company or a corporation;

1.3 All references to time shall refer to and mean Singapore time.

1.4 The headings in these Instructions to Tenderers are inserted for convenienceonly and shall not be deemed to be part thereof or to be taken intoconsideration in the interpretation or construction thereof in construing theterms and conditions herein.

2. ACCEPTANCE OF TENDER

2.1 The HDB shall be under no obligation to accept the lowest or any tender. TheHDB shall normally not enter into correspondence with any Tenderer regardingthe reasons for non-acceptance of a tender.

2.2 The HDB reserves the right, unless the Tenderer expressly stipulates to thecontrary in his tender, of accepting such portion of each tender as the HDBmay decide.

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2. ACCEPTANCE OF TENDER (CONTD)

2.3 The issue by the HDB of a Letter of Acceptance accepting the tender or part ofthe tender (see paragraph 2.2 for exception) shall create a binding Contract onthe part of the Tenderer to supply to the HDB the Goods and/or Services

offered in the tender. The Contract shall be governed by the Conditions ofContract. The Letter of Acceptance will be handed to or posted to thesuccessful Tenderers address as given in his tender and such handing orposting shall be deemed good service of such notice. The HDB may at itsdiscretion require the Tenderer to sign a written agreement.

2.4 The Letter of Acceptance may be issued:

a) through GeBIZ to the successful Tenderer, orb) to the successful Tenderers address as given in his tender by hand or by

post.

Such issuance of the Letter of Acceptance through GeBIZ, by hand or postshall be deemed effective communication of acceptance

3. ALTERNATIVE OFFERS

3.1 In addition to the Tenderer's base offer which shall comply fully or verysubstantially with the Specifications of the Invitation to Tender, the Tenderermay submit alternative offer or offers which fulfils all functional requirements ata lower cost using alternative materials, designs or processes.

3.2 Where a base offer is not submitted by the Tenderer, any alternative offersubmitted by him shall be rejected.

3.3 The Tenderer shall document and submit such alternative offer(s) with theTender together with substantial details including cost breakdown, necessarydrawings and technical data, as well as highlight all deviations or divergencefrom the HDB's requirements. Where such details are deemed to beinsufficient by the HDB, the Tenderer shall then provide at his own cost andexpense any number of additional copies of the aforesaid details and suchother further details including additional drawings and technical data as may berequired to the HDB.

3.4 In the event that the alternative offer involves the Tenderer's own design ormodifications to the HDB's design, the Tenderer shall, notwithstandingacceptance by the HDB, be fully responsible for the suitability, adequacy,integrity, durability and practicality of the design.

4. ALTERATION, ERASURES OR ILLEGIBILITY

4.1 Except for amendments to the entries made by the Tenderer himself which areinitialled by the Tenderer, tenders bearing any other alterations or erasuresand tenders in which prices are not legibly stated are liable to be rejected.

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4. ALTERATION, ERASURES OR ILLEGIBILITY (CONTD)

4.2 The Tenderer shall not make amendments or qualifications direct onto anypart(s) of the Invitation to Tender. Where such amendments or qualificationsare deemed necessary, the Tenderer shall indicate them clearly in separate

company letterhead to be submitted together with the Tender. Otherwise, theHDB shall not be held liable to accept any such amendments or qualificationsto the invitation to Tender even though these are stamped and signed by the

Tenderer.

5. APPLICABLE LAW

5.1 All tenders submitted pursuant to this Invitation to Tender and the formation ofany resulting contracts shall be governed by the Applicable Law Clause in theConditions of Contract.

5.2 This Contract shall be deemed to be made in Singapore and shall be subjectto, governed by and interpreted in accordance with the Laws of the Republic ofSingapore for every purpose.

6. CLARIFICATIONS OF THE TENDERERS PROPOSAL

6.1 In the event that the HDB/Consultant seeks clarification upon any aspect of theTenderers proposal, the Tenderer shall provide full and comprehensiveresponses within seven (7) days of notification.

7. COMPLIANCE WITH INSTRUCTIONS

7.1 Tenders will be accepted only if submitted according to the instructionscontained and in the forms(s) prescribed in the Invitation to Tender. Any tenderwhich attempts to vary the Form of Tender or Conditions of Contract is liable tobe rejected. In consideration of the Tenderer agreeing to abide by theseinstructions in the Invitation to Tender, the HDB shall evaluate the tenders fairlyand in accordance with the said instructions.

8. COMPLIANCE WITH PART NUMBERS

8.1 If the HDB/Consultant has, in this Invitation to Tender, stated the Part Numbersof the Goods required and the Tenderer wishes to offer an item which does notcorrespond with any of the stated Part numbers, the offer by the Tenderershall, for the purposes of Clause 9 hereof be deemed to be in non compliancewith technical requirements.

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9. COMPLIANCE WITH TECHNICAL REQUIREMENTS

9.1 The Tenderer shall provide explicit responses of compliance or non-compliance with any other technical requirements enclosed in this Invitation to

Tender. In the event of any non-compliance with the technical requirements,

the Tenderer shall satisfy the HDB/Consultant (by providing a certification fromthe manufacturer of the item offered or a copy of the relevant extract from anyreputable publication citing clearly its title and edition) that the form, fit andfunction of the items offered are equivalent to the Goods required and that theyare interchangeable. Where the Tenderer fails to satisfy the HDB/Consultant inthe manner above, the tender is liable to be rejected.

10. CONFIDENTIALITY

10.1 Except with the consent in writing of the HDB/Consultant the Tenderer shall not

disclose this Tender, or any of its provisions, or any specifications, plans,drawings, patterns, samples or information issued by the HDB/Consultant.

10.2 The HDB may require an unsuccessful Tenderer to return any specifications,plans, drawings, patterns, samples or instructions issued by theHDB/Consultant.

11. CONTRACTS WITH NON-RESIDENTS

11.1 Any Tenderer who is not a resident in Singapore or does not have a business

address in Singapore, shall submit the Singapore address in the attachedformat (see Appendix A).

12. COPIES OF TENDER

12.1 Where the Instructions to Tenderers specifies tenders are to be submittedusing tender box, Tenderers shall submit the tender and supportingbrochures/handbooks in the number of sets as specified in the Invitation to

Tender. One set is to be marked "Original" and the other sets are to be marked"Copy".

13. ELIGIBILITY

13.1 Any company or business who is currently debarred from participating inGovernment tenders is not eligible to participate in this Tender. If a tender issubmitted without explicitly mentioning that the Tenderer is currently debarred,the HDB shall treat the submission of the tender as an express continuingdeclaration by the Tenderer that the Tenderer is in fact eligible to participate inthis Tender and, if such a declaration is discovered to be false, the HDB will beentitled to rescind any contracts entered into pursuant to such a tender, withoutthe HDB being liable therefore in damages or compensation.

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14. EVALUATION CRITERIA / EVALUATION USING PRICE QUALITY METHOD

14.1 Where the Invitation to Tender specifies evaluation criteria in terms of financialcategory and supply category/head required for registration with any GRA, theevaluation of such criteria will be delegated to the relevant GRA.

14.2 Where a Tenderer's existing registration with a GRA, which is valid up to theclosing date of this Tender, specifies that the Tenderer has met particularcriteria in relation to particular financial category and supply category/head, theHDB will regard the Tenderer as having met the criteria for the financialcategory and supply category/head set out in the registration and in themanner set out in the registration.

14.3 Tenderers who are registered with the relevant GRA, specifying that they havemet the criteria for this Tender, must declare their registration status in themanner set out in the Invitation to Tender.

14. EVALUATION CRITERIA / EVALUATION USING PRICE QUALITY METHOD(CONTD)

14.4 Tenderers who do not hold a valid registration from the relevant GRAspecifying that they have met the criteria for this Tender are advised to applyfor the registration with the relevant GRA at the earliest possible opportunityand declare their registration in their tenders. Such tenderers should apply forregistration with EPPU through the Electronic Business (GeBIZ) with effectfrom 9th September 2002. The address for the GeBIZ Homepage ishttp://www.gebiz.gov.sg. If by the closing date of tender, their registration withthe relevant GRA is still pending, tenderers should enclose a copy of the

receipt for registration fee paid issued by the GRA(s) with their tenders.

15. EXPENSE OF TENDERER

15.1 In no case will any expense incurred by the Tenderer in the preparation of histender be borne by the HDB.

16. EXPORT APPROVAL

16.1 The Tenderer shall indicate clearly whether there is any requirement for theHDB to furnish end-user certificates or statements. The Tenderer shall alsoindicate clearly in his tender if there is a need for the HDB to enter intoseparate agreement(s) with the Tenderer to satisfy export requirements of the

Tenderers or any foreign government.

17. FINANCIAL CURRENCY

17.1 Unless otherwise expressly allowed in the Invitation to Tender, all pricesquoted shall be in Singapore currency only.

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18. GOODS AND SERVICES TAX

18.1 The Tenderer shall not include in the rates and prices proposed in his tender,the Singapore Goods and Services Tax (GST) chargeable for the supply ofGoods or Services required in the Tender. All rates and prices quoted shall be

exclusive of the GST chargeable on the supply of the said Goods andServices.

18.2 If the Contractor is a taxable person under the GST Act, the HDB will pay theContractor, in addition to the rates and prices proposed, the GST chargeableon the supply of Goods and Services provided pursuant to this Tender.

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19. GST REGISTRATION

19.1 The Tenderer shall declare his GST status in his tender. He shall clearlyindicate whether he is, or whether he will be a taxable person under the GSTAct. He shall, if available, furnish the GST registration number to the HDB.

19.2 A Tenderer who declares himself to be a non-taxable person under the GSTAct but who becomes a taxable person after the award of the Tender shallforthwith inform the HDB of his change in GST status. He shall be entitled toclaim from the HDB any GST charged on the supply of Goods or Servicesmade by him after his change in GST status.

20. JOINT VENTURES

20.1 Unless otherwise permitted by the HDB, all the parties of a J oint Venture mustbe registered with the relevant GRA.

20.2 All the parties of a J oint Venture must be registered under the relevant SupplyCategory/Head specified for the Tender. One of the J oint Venture parties(known as the qualifying Tenderer) is required to meet the Financial Categoryspecified for the Tender. The qualifying company or corporation is alsorequired to hold at least 51% share of the equity participation in the J ointVenture. The other party or every of the other parties of the J oint Venture shallbe qualified with Financial Category of not more than 2 grades below thespecified Financial Category.

20.3 The parties of a J oint Venture must submit a letter of undertaking to the HDBtogether with the Tender to be jointly and severally liable for the performanceof the contract made should the Tender by the J oint Venture be accepted bythe HDB and for any loss, expense, costs, damages, liability or claimwhatsoever arising out of or in connection with the said contract, failing whichthe HDB reserves the right to reject the Tender by the J oint Venture. (Pleaserefer to Appendix B for the format of the letter of undertaking and declaration ofparticipation.)

20.4 Further to Clauses 18 & 19, the GST registration number to be provided by the

J oint Venture shall be the GST registration number of the J oint Venture if theJ oint Venture is registered with the Accounting and Corporate RegulatoryAuthority (ACRA). If the J oint Venture is not registered with the ACRA, the

J oint Venture shall appoint one of the parties (who is GST-registered) of theJ oint Venture as the agent for GST purposes and the GST registration numberto be provided shall be the agent's GST registration number. Should the

Tender submitted by the J oint Venture be accepted by the HDB, the HDB shallmake payments due under the contract only to the J oint Venture and not to anyparty of the J oint Venture.

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21. LANGUAGE

21.1 The tender and all supporting technical data and all documentation to besupplied by the Tenderer shall be written in the English language.

22. NOTIFICATION

22.1 Notification will not necessarily be sent to unsuccessful tenderers by the HDB.

23. OWNERSHIP STATUS OF TENDERERS

23.1 The Tenderer shall provide full information on :

a. the name and address of any person, company or corporation whichowns, whether directly or indirectly, at least 50% of the total number ofshares in the Tenderer,

b. the number, percentage and class of shares held by such person,company or corporation.

24. OWNERSHIP OF TENDER DOCUMENTS

24.1 All documents submitted by the Tenderer in response to this Invitation to

Tender shall become the property of the HDB. However, intellectual property inthe information contained in the tender submitted by the Tenderer shall remainvested in the Tenderer. This Clause is without prejudice to any provisions tothe contrary in any subsequent contract between the Tenderer and the HDB.

25. SAMPLES

25.1 Where the Invitation to Tender specifies that samples; eg. of Goods and/orpackages, shall be submitted as evidence of the type and quality of itemsoffered in the Tender, such samples shall be delivered at the place and by the

time stipulated in the Invitation to Tender and should be marked clearly withthe Tender Reference Number, item number and the name of the tenderer.Where samples are required, failure to provide the required samples at thestipulated place and time may render the tender liable to be disqualified.

25.2 The Tenderer shall indicate, when submitting the samples, whether he wishesthe samples to be returned. If no indication is given, the HDB shall not beobliged to return any samples to the Tenderer. Notwithstanding the above, riskof loss or damage to the samples shall at all times remain with the Tendererand where the samples are to be subject to destructive testing, such sampleswill not be returned to the Tenderer.

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25. SAMPLES (CONTD)

25.3 All costs, including but not limited to all shipping and transportation dutiesincurred in providing and delivering such samples to the HDB shall be borne bythe Tenderer.

26. SPECIFICATIONS, PATTERNS, SAMPLES AND DRAWINGS

Any specifications, patterns, samples and drawings specified in the Invitation toTender to be available for inspection by the Tenderer will be made available atthe Procurement Office or other stipulated location during normal workinghours up to the stipulated time on the closing date.

27. SUBMISSION OF TENDER

27.1 Tenderers shall submit their tenders in accordance with the following mode(s)of submission:

Information ordocument(s) in tender

Mode ofSubmission

Closing Date(Singapore time)

Refer to Covering Letter This shall besubmitted to theHDB using GeBIZ

Refer to CoveringLetter

Refer to Covering Letter This shall besubmitted to theHDB using tenderbox located in the

Procurement Office

Refer to CoveringLetter

27.2 Where tenders are to be submitted using GeBIZ, Tenderers shall submit theirtenders in accordance with the Terms and Conditions For Use Of TheGovernment Electronic Business (GeBIZ).

27.3 Where the Instructions to Tenderers specify that a particular document is to besubmitted through GeBIZ, the document may be submitted through GeBIZwithout any handwritten signature. The HDB shall be entitled to rely on the useor entry of the prescribed Security Device (as defined in the Terms andConditions For Use Of the Government Electronic Business) by the Tenderers

or its representative(s) as the authorized signature of the Tenderer, asconclusive evidence of the authenticity of the submitted document and theauthority of the originator of the submitted document.

27.4 Where tenders are to be submitted using tender box, tenders must besubmitted in sealed envelopes. When forwarding tenders, the Tenderer shallspecify clearly on the top left-hand corner of the envelope (i) the Tendernumber; (ii) the closing date and time of the tender; (iii) the tender box number(if any) to which the tender must be delivered; and (iv) the name and address ofthe Tenderer. It will be the responsibility of the Tenderer to ensure delivery intothe tender box, which will be in a position accessible to the public. The HDB

shall not be held responsible for putting tenders received through the post intothe correct tender box by the closing time and date. Every effort, however, willbe made by the HDB to promptly convey tenders received through the post intothe tender box. Postage must be pre-paid on all tenders sent through the post.

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27. SUBMISSION OF TENDER (CONTD)

27.5 The HDB reserves the right to reject tenders not submitted in accordance withthe mode(s) of submission specified in the Instructions To Tenderers.

27.6 Any inconsistency or conflict arising between parts of the tenders submittedusing GeBIZ and the tender box shall be resolved in favour of the partssubmitted through GeBIZ.

28. TENDER CLARIFICATIONS

28.1 Any Tenderer who is in doubt as to the meaning or intention of the Invitation toTender shall write to the Consultant (Attn:Officer-in-charge mentioned in theCovering Letter) for clarifications not later than ten (10) working days beforethe Closing Date, failing which the HDB/Consultant shall have the discretion todisregard all such requests. Such clarifications shall be dealt with as theHDB/Consultant deems fit and where necessary, amendment letters to all the

Tenderers participating in the Tender shall be issued.

29. VALIDITY PERIOD

29.1 Tenders submitted shall remain valid for acceptance for the Validity Periodspecified in the Invitation to Tender and during such extension of the period asmay afterwards separately be agreed to in writing by the Tenderer at therequest of the HDB.

30. WITHDRAWAL OF TENDER

30.1 No Tenders may be withdrawn after the closing date prescribed in the Invitationto Tender. Any Tenderer who attempts to do so may, in addition to any remedywhich the HDB may have against him, be liable to be debarred from futureGovernment tenders.

30.2 For the purpose of this Clause, the Tenderer shall be deemed to havewithdrawn the Tender if he withdraws any of his offers (base or alternative)submitted under the Tender and in such event, all his other offers shall berejected by the HDB.

31. SHORTLISTING OF TENDERERS

31.1 The HDB reserves the right to shortlist tenderers in accordance with the criteriaset forth in the Invitation to Tender; and give those so shortlisted theopportunity to submit new or amended tenders on the basis of the HDBsrevised requirements, in accordance with a common deadline. The tendersreceived based on the firm and updated requirements shall form the basis ofthe final tender evaluation. The tenders received in the final round shall becomplete and comprehensive, and shall over-ride all tender proposalspreviously submitted. The final offer shall not make references to previous

offers. All tender proposals received in the previous rounds shall be treated aslapsed. Such final offers shall be submitted in sealed envelopes and depositedin the tender box as instructed.

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32. CORRIGENDA TO INVITATION TO TENDER

32.1 The HDB reserves the right to amend any terms in, or to issue supplementaryterms to the Invitation to Tender at any time prior to the closing date of the

Tender.

33. DISCLAIMER

33.1 This Invitation to Tender may not contain all information which Tenderers mayrequire. Tenderers should therefore make their own inquiries and seek suchclarifications they think necessary. The HDB shall not be liable to any Tendererfor any information in this Invitation to Tender which is incomplete orinaccurate. For avoidance of doubt, the information mentioned in thisparagraph excludes the Conditions of Contract, Specifications, Drawings,Schedule of Rates and Soil Report.

34. GENERAL

34.1 The HDB reserves the right at any time to withdraw the Invitation to Tenderwithout being liable for any costs, damages, losses and/or expenseswhatsoever.

34.2 Every notice regarding the issuing of amendment letters/drawings, extension oftender closing date, etc to the Invitation to Tender is published in the Internet,ie. the Government Electronic-Business Homepage and the HDB Homepage at

http://www.gebiz.gov.sg and http://www.hdb.gov.sg respectively. Such noticesare also posted in the Procurement Office. The publication of the notice in theInternet and the posting of the notice in the Procurement Office shall bedeemed to be sufficient service of the notice.

34.3 If the Tenderer or any person on his behalf makes any attempt to canvass,solicit or approach any officer, employee, agent or staff member of the HDBand/or any HDB Board Member for information or favours or for any othermatter that will provide an advantage to the Tenderer alone with regard to his

Tender will render the Tender liable to rejection. Such Tenderer may be liableto be debarred from future Government tenders.

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APPENDIX A

CONTRACTS WITH NON-RESIDENTS

(_________________________________________) hereby irrevocably agrees that,Name of Contractor

without prejudice to any other method of service, which is authorised by law, service

of any originating process and/or documents arising out of this contract by the HDB on

(__________________________________________________) shall be deemed toName of Contractor

be due service if it is posted to or left at the following Singapore address :

( )Singapore Address

or at any other address in Singapore as (___________________________________)Name of Contractor

may give to the HDB by notice in writing to that effect.

Dated this day of 201 .

_____________________________Signature of Contractor

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APPENDIX B

LETTER OF UNDERTAKING FOR JOINT VENTURE

Notwithstanding our respective equity participation in the J oint Venture, we

____________________________________________________________________(Parties of Joint Venture)

are held and firmly bound unto the HDB to be jointly and severally liable for the

performance of the contract made should our Tender be accepted by the HDB and for

any loss, expense, costs, damages, liability or claim whatsoever arising out of or in

connection with the said contract.

We also agree that should our Tender be accepted by the HDB, the HDB shall makepayments due under the contract(s) only to the J oint Venture and not to any of the

parties of the J oint Venture.

We hereby declare the nature of our participation in the J oint Venture to be as follows:

ItemsQualifying

Company/CorporationOther Party(s)

Names of Parties of J ointVenture:

% of equity participation ofthe Parties of Joint Venture

BCA Supply Category/Headof the Parties of the J ointVenture

BCA Financial Category ofthe Parties of the J ointVenture

GST Registration Number

(*J oint Venture/Agent : _______________)

Authorised Signatures ofParties of J oint Venture

Company Stamp of theParties of the J oint Venture

Dated this day of 201 .