Request for Tender Notice SARAWAK ENERGY BERHAD Tender Sale as Scrap of Nickel Cadmium Battery Cells REQUEST FOR TENDER NOTICE Suitably qualified tenderers are invited to submit a tender for the Tender Sale as Scrap of Nickel Cadmium Battery Cells. The goods are available for inspection between 9 th November 25 th November 2015 at Matang Store, Kuching, Sarawak. Tenderers are advised to inspect the goods before submitting their quotations. The Tender Documents are available to the public for viewing and purchase at Menara Sarawak Energy, Kuching, Sarawak during the following times: Monday to Thursday: Friday: 8:00 am to 12:00 pm 8:00 am to 10:30 am One set of Tender Documents will be issued upon payment of a non-refundable document fee of RM53, in either electronic payment, bank draft or crossed cheque from a bank incorporated in Malaysia, made in favour Syarikat SESCO Berhad by no later than 2 nd December 2015. Quotations shall be submitted as specified in the Tender Documents, not later than 3 pm on 2 nd December 2015, to: The Officer-In-Charge Sarawak Energy Berhad Tender Box, 8 th Floor Menara Sarawak Energy No. 1 The Isthmus 93050, Kuching Sarawak Malaysia Sarawak Energy is not liable for the costs incurred by the tenderers in preparing the quotation. Quotations received after the closing date and time will not be considered. Sarawak Energy does not bind itself to accept the highest of any tenders. Request for (Sarawak Energy Ref. No. TRA 007/2015) 1
TENDER SALE AS SCRAP OF NICKEL CADMIUM BATTERY CELLS SARAWAK ENERGY REF. NO. TRA 007/2015 TENDER FOR TENDER SALES AS SCRAP OF NICKEL CADMIUM BATTERY CELLS (Sarawak Energy Ref. No. TRA 007/2015)
3. The goods are available for inspection between 2 nd November 18 th November 2015 at Matang Store, Kuching, Sarawak. You are advised to inspect the goods before submitting its tender. The cost of visiting the site shall be at your own expense. 4. The goods are offered on a "as is, where is" basis, and Sarawak Energy does not in any way, expressly or impliedly, give any warranties in relation to the goods, and shall not be liable for any loss or damage of the goods. 5. Only companies with valid license on scrap nickel cadmium material collection can participate in this tender. A certified true copy of the licence issued by relevant authority shall be submitted together with the form of tender. 6. The fixed price reflected in your tender shall include: (b) (c) (d) complete removal of the goods from the site; provision of all necessary tools, equipment, transport equipment, loading and unloading facilities to facilitate removal from the site; provision of necessary skilled and unskilled manpower, supervisory staff to carry out the works, including appropriate work apparel; and all incidental and contingent expenses. 7. [You shall include a deposit amounting to ten percent (10%) of the value of your tender. The deposit shall be submitted with the Form of Tender and shall be provided in the form of electronic payment, bank cheque or bank draft made payable to [Sarawak Energy Berhad / Syarikat SESCO Berhad]. The deposit shall be returned to you as follows: The deposit of the unsuccessful tenderer will be returned by [Sarawak Energy Berhad / Syarikat SESCO Berhad] as promptly as possible upon issuance of the Letter of Award. (b) The deposit of the successful tenderer will be returned by [Sarawak Energy Berhad / Syarikat SESCO Berhad] as promptly as possible upon full payment of the Invoice.] 8. Sarawak Energy is not obliged to: (b) consider or evaluate any tender; or award the contract to the tenderer submitting the highest price, and reserves the right to accept, reject or disqualify any tender, or to cancel the tender process at any time without any obligation or incurring any liability to any tenderer. 9. The successful tenderer shall receive a letter of award (the "Letter of Award"). The Letter of Award will define the basis on which the tender is accepted. Sarawak Energy may, in its absolute discretion, issue a Letter of Award to more than one tenderer. (Sarawak Energy Ref. No. TRA 007/2015) 2
10. The successful tenderer shall execute an acknowledgement of the Letter of Award and return a soft copy of this document to Sarawak Energy's representative within seven (7) days of its receipt of the Letter of Award. Any failure by the successful tenderer to return the acknowledgement within seven (7) days may, in Sarawak Energy's absolute discretion, render the Letter of Award null and void and of no legal effect. 11. Upon receipt of such acknowledgement, Sarawak Energy shall issue an invoice stating the amount as accepted by Sarawak Energy for the purchase of the goods (the "Invoice"). Tenderer shall settle the Invoice within thirty (30) days from the date of receipt and present the receipt portion of the Invoice at the site as proof of payment prior to removal of the goods from the site. 12. Title to and risk of loss of the goods shall pass to the successful tenderer only upon full payment of the Invoice. 13. The successful tenderer shall complete the removal of the goods within two (2) weeks upon the full payment of the Invoice. Removal shall be executed during office hours only (excluding lunch break). During the period between the full payment and the removal of the goods by the successful tenderer, Sarawak Energy shall not be liable for the loss or damage of the goods whatsoever. 14. The successful tenderer shall release and indemnify Syarikat Sesco Berhad(and its officers, directors, employees and agents) from any liability arising as a result of or in connection with the removal of the goods, including but not limited to loss, damage, costs and expenses pertaining to: (b) (c) death or personal injury; loss of or damage to property; and any fine or penalty resulting from a breach of any law or regulation governing, among other things, road traffic and the environment. 15. Notwithstanding any other provision of the Tender Documents to the contrary, Sarawak Energy (and its officers, directors, employees and agents) shall not, under any circumstances, be liable to tenderer for any loss of profit, loss of revenues, loss of use of equipment, loss of chance or opportunity, loss of contract, cost of capital or for any indirect or consequential loss or damage which may be suffered by tenderer, as a result of or in connection with noncompliance of the requirements set out in this tender or the goods. 16. Sarawak Energy requires that all tenderers observe the highest standards of ethical practices throughout this Tender and Sarawak Energy may, at any time, reject a tenderer's quotation and/or disqualify a tenderer from this Tender if it determines that a tenderer has, directly or indirectly (including through an agent), engaged in corrupt practices, fraudulent practices, coercive practices, collusive practices or any other prohibited or illegal activities. 17. All correspondence in connection with this TENDER and all matters accompanying the TENDER which are relevant to its examination shall be in the English language. (Sarawak Energy Ref. No. TRA 007/2015) 3
18. All information contained in the TENDER Documents is strictly confidential and shall not be disclosed to any third party without the prior written consent of Sarawak Energy. 19. In submitting a tender, each tenderer: (b) (c) shall be deemed to provide explicit consent to Sarawak Energy to process any of the tenderer's personal data for the purposes of, or related to, the tender process; warrants that any personal data received from Sarawak Energy shall be processed; and warrants that all personal data submitted by the tenderer to Sarawak Energy has been obtained, in accordance with the requirements of the Personal Data Protection Act 2010. 20. By submitting the Form of Tender, tenderer acknowledges and accepts all terms as set out in the Tender Documents. 21. Sarawak Energy may assign or transfer any obligations and/or rights it has under the Tender Documents and / or the Letter of Award without the consent of the successful tenderer, and the successful tenderer shall provide payment (or part of the payment), to any subsidiary or affiliate of Sarawak Energy (including, but not limited to Syarikat Sesco Berhad) as may be specified in the Letter of Award, Invoice or otherwise in writing to the successful tenderer from time to time. 22. The TenderDocuments shall be governed by the laws of Malaysia, as applied in the State of Sarawak and all parties shall irrevocably submit to the non-exclusive jurisdiction of the courts of Sarawak for the resolution of any disputes arising out of or in connection with the Tender Documents, this Tender or the goods. 23. Sarawak Energy looks forward to receiving your tender. Yours faithfully, Tay Kang Seng Senior Manager, Telecommunications Division Sarawak Energy Berhad (Sarawak Energy Ref. No. TRA 007/2015) 4
Type of Battery APPENDIX 1 DESCRIPTION OF THE GOODS Capacity (AH) Year Installed Quantity (Cells) 1 Challenger Plus 6C 100 33 1997 8 2 MSB Ultra 100 100 2006 8 3 FRIWO HKP3 33 1996 80 4 FRIWO HKP5 40 2000 80 5 FRIWO HKP5 40 1999 80 6 GST HKP 18 180 2008 80 7 GST HKP 5 40 2008 80 8 FRIWO HKP3 33 1993 80 9 Nife Ni-Cad L204-2/3 60 1987 78 10 Nife Ni-Cad L204-2/3 60 1987 78 11 Honda Ni-Cad NA 1993 80 12 FRIWO HKP5 40 2000 80 13 GST HKP 5 40 2001 80 14 Hoppecke FNC 202L NA 1998 76 15 Hoppecke FNC 202L NA 1998 76 16 Nife Ni-Cad SCL 29 29 1996 76 17 L306-2 204 1987 78 18 HKP 10 102 1987 80 19 GST HKP 5 40 2012 80 20 Nife Ni-Cad L303-2 102 1987 78 21 Friwo HKP 6 60 1993 78 22 GST HKP 5 40 1987 78 23 Nife Ni-Cad L303-2 102 1987 78 24 Friwo HKP 5 40 2001 78 25 Friwo HKP 5 40 2002 78 26 Nife Ni-Cad L204-2 60 1987 78 27 Hppecke Ni Cad 202L 40 1993 80 28 Friwo HKP 5 40 2000 80 29 SBL 334-3 334 NA NA 30 SBL 59-3 59 NA NA 31 Battery Rack NA NA 1 lot (Sarawak Energy Ref. No. TRA 007/2015) 5
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APPENDIX 2 FORM OF TENDER To: The Officer-In-Charge Sarawak Energy Berhad Tender for the provision of Tender Sale as Scrap of Nickel Cadmium Battery Cells Tender Box, 8 th Floor Menara Sarawak Energy No. 1 The Isthmus 93050, Kuching Sarawak Malaysia Dear Sir, TENDER FOR Tender Sale As Scrap of Nickel Cadmium Battery Cells FORM OF TENDER 1. I, the undersigned, acting as the authorised signatory of confirm that I have received and examined, on behalf of tenderer, all The Tender Documents for Tender Sale As Scrap of Nickel Cadmium Battery Cells (Sarawak Energy Ref. No.: TRA 007/2015), including any addenda, clarification letters, notices or communications issued by Sarawak Energy relating to the goods from time to time. 2. I confirm that I have examined, understood and checked the contents of the Tender Documents on behalf of the tenderer and have ascertained and am satisfied to purchase the goods in the manner and within the timeframes prescribed in the Tender Documents. 3. Accordingly, I submit a firm, irrevocable and binding tender, on behalf of the tenderer, to purchase the goods "as is, where is" and in accordance with all matters set out in the TENDER Documents, for the fixed price of RM ( Malaysian Ringgit). 4. I agree, on behalf of the tenderer, that the tender shall remain binding upon the tenderer and open for acceptance by Sarawak Energy for the period of ninety (90) days from the date of this tender. 5. I also confirm, on behalf of the tenderer, that: the tenderer has complied (and shall continue to comply) with all requirements, terms and conditions set out in the TENDER Documents; all information contained in the tender is complete and accurate; (Sarawak Energy Ref. No. TRA 007/2015) 8
(b) (c) (d) (e) the tenderer agrees that the Letter of Award will constitute a binding contract between the tenderer and Sarawak Energy, on the terms and conditions set out in the TENDER Documents and the Letter of Award; the tenderer acknowledges and understands the rights of Sarawak Energy, which are set out in the TENDER Documents; Sarawak Energy (and its officers, directors, employees and agents) shall not, under any circumstances, be liable to tenderer for any loss of profit, loss of revenues, loss of use of equipment, loss of chance or opportunity, loss of contract, cost of capital or for any indirect or consequential loss or damage which may be suffered by tenderer, as a result of or in connection with this TENDER; and the tenderer will comply with the confidentiality obligations set out in the TENDER Documents. 6. Unless the context otherwise requires, all capitalised terms in this tender shall have the meaning assigned to them in the TENDER Documents. 7. Tenderer's contact person for all matters relating to this TENDER is: Name: Address: Telephone Number: Email Address: Dated this...day of 20. Signed for and on behalf of by its authorised representative in the presence of:.. Signature of authorised representative.. Name of authorised representative.. Designation of authorised representative.. Signature of witness.. Name of witness.. Designation of witness (Sarawak Energy Ref. No. TRA 007/2015) 9