RFP Section 1

Project Title: Independent Consultancy Services to Perform a Preliminary Study on the Location and Design of LCCT2 at KLIA
SECTION 1
INSTRUCTIONS TO BIDDERS
Section 1 Instructions to Bidders
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TABLE OF CONTENTS
1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0 21.0 22.0 23.0 24.0 25.0 26.0 27.0 INTRODUCTION PRE-QUALIFICATIONS REQUIREMENTS DEFINITION CONFIDENTIALITY OF RFP DOCUMENTS ENDORSEMENTS IN BLACK INK INFORMATION DAY CLARIFICATION PRIOR TO TENDER CLOSING DATE INTERPRETATION OF RFP DOCUMENTS AMENDMENT OR ADDITION TO THE RFP ADDENDUM FORM OF TENDER VALIDITY PERIOD OF TENDER WITHDRAWAL OF TENDER TENDER PRICE SUFFICIENCY OF TENDER PRICE SUBMISSION OF TENDER EXPENSES INCURRED IN TENDERING SERVICE OF NOTICE FAIR AND COMPETITIVE TENDER OWNERSHIP OF TENDER DOCUMENTS PROCESS TO BE CONFIDENTIAL ACCEPTANCE OF TENDER NEGOTIATION EXECUTION OF THE CONTRACT COMMENCEMENT OF SERVICES JOINT VENTURE REQUIREMENTS RIGHTS OF EMPLOYER
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1.0
INTRODUCTION The purpose of this Request for Proposal is to invite Tenders for Consultancy Services for a preliminary study on the location and design of LCCT2 at KLIA for the Government of Malaysia.
2.0
PRE-QUALIFICATIONS REQUIREMENTS The following lists the recommended vendor pre-qualifications to be included as part of the tender documentation: a. The Consultant shall be fully familiar with IATA airport development standards, guidelines and recommended practices; b. The Consultant shall demonstrate a proven ability to translate airport planning related user requirements into cost effective and efficient performance driven facilities; c. The Consultant shall demonstrate a thorough understanding of the regional and local civil aviation environment, air transportation issues, economic developments, current affairs, and cultural sensitivities: Ideally this should include an established regional presence; d. The Consultant shall demonstrate a proven record in the leadership of new initiatives, standards, processes and technologies associated with civil aviation infrastructure design and development; e. The Consultant shall demonstrate a thorough understanding of current and evolving global civil aviation industry trends and issues especially those affecting the Asia Pacific region; f. The Consultant shall demonstrate a proven record of industry leadership in the delivery of airport planning services including master planning and passenger terminal design, master plan and terminal concept development, and the review and validation of third party concepts, designs and planning documentation;
g. The Consultant shall demonstrate a thorough understanding and proven record of value adding service delivery associated with global airport and infrastructure development in the following areas: Air traffic management Airport master planning Passenger and cargo terminal design Safety, security and facilitation Civil aviation regulation Operational safety and security Baggage handling systems
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h. The Consultant shall demonstrate proven analytical processes and methodologies for the conduct of structured evaluations associated with airport facility and processing sub-system demand and capacity balance, including the application of process simulation systems and techniques. i. Airport planning methodologies and processes shall be adaptable to suit airports of varying capacities and operational requirements; The Consultant shall demonstrate a thorough understanding of applicable ICAO SARPs, together with demonstrable examples of their interpretation and implementation in support of specific airport planning and infrastructure development projects. Ideally this will include examples of participation in SARP development and promulgation;
j.
k. The Consultant shall ensure that the nominated Project Director is an acknowledged leader in the field of airport planning with more than 15 years experience in airport planning and design; l. The Consultant shall demonstrate a proven record in the facilitation of best practice airport and infrastructure planning solutions that satisfy the evolving needs of all principal stakeholder groups including but not limited to: Airlines; Airport operators and associated service providers (such as ground handlers, concessionaires, etc); Airport users including the travelling public; Customs, immigration, police and security agencies; ATM service providers; and Civil aviation regulatory bodies.
m. The Consultant must have experience in the development of airport master plan or master plan review of various airports of different passenger throughputs: At least 1 master plan of an airport of 1 million passengers per annum (mppa) to 5 mppa capacity At least 1 master plan of an airport of 5 mppa to 10 mppa capacity At least 1 master plan of an airport above 10 mppa capacity
3.0
DEFINITION As used in this Request for Proposal, the following terms shall have the following meanings: Bidder means a person, partnership or any other body (whether corporate or otherwise) who submits a Tender in accordance with the Request for Proposal; Contract means the agreement in respect of the Services to be entered between the Government of Malaysia and the successful Bidder;
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Employer means Government of Malaysia; Consultant means the successful Bidder who has undertaken to perform the Services; Project Director means the project coordinator determined by the Employer to oversee the project; Intellectual Property Rights means any rights in respect of or in connection with any confidential information, copyright, patents, design rights, reports, drawings, specification, or eligible layout rights and includes any right to apply for registration of such intellectual property rights; Request for Proposal hereinafter referred to as RFP. RFP Documents means this RFP including the Instructions to Bidders, Needs Statement, Tender Schedules and all of its sections inviting Bidders to offer to meet the Employer requirements by submitting a Tender in accordance with the requirements of the RFP Documents; RFP Notice referred to the notice inviting Bidders to offer to meet the Employer requirements by submitting a Tender in accordance with the requirements of the RFP Documents; Service or Services means the study on the location and design of LCCT2 at KLIA which the Consultant is required to do under the Contract; Specifications means the requirements and specifications set out in this RFP Document; Tender means the Bidders response to this RFP Document; Tender Closing Date means the date and time specified for the submission of the Tender; Tender Schedules means the schedule, tables and charts referred to in this RFP Documents, with the requisite information to be provided by the Bidder in accordance with these Instructions to Bidder; Tender Coordinator means the person appointed by the Government of Malaysia to oversee the tender process for this RFP; Validity Period means the time period during which the Employer may accept a Tender; 3.1 Subject to any inconsistency of subject or context, the following rules of construction shall be used in the definition of this RFP:3.1.1 3.1.2 A cross reference to a clause number is a reference to a clause of the Instruction to Bidders and includes all of its sub clauses; Words importing the singular include the plural and vice versa and words importing a gender include any other gender;
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3.1.3
In the event of any inconsistency between this Instruction to Bidders and conditions of the Contract, the latter shall prevail.
4.0
CONFIDENTIALITY OF RFP DOCUMENTS The RFP Documents collected by Bidder is meant strictly for the purpose of submitting the quotation and as such all information, details and/or drawings contained therein and comprising the RFP Documents are to be treated as STRICTLY CLASSIFIED & CONFIDENTIAL. The Bidder shall not disclose the contents of the RFP Documents to any third party, including Malaysia Airports Holdings Berhad or any of its employees, without the written approval of the Employer. All documents received or collected by the Bidder from the Employer must be returned upon submission of the RFP regardless of whether the Bidder decides to quote or not to this end. The Bidder shall be fully responsible and liable for all consequences arising thereof from failure to comply with this clause.
5.0
ENDORSEMENTS IN BLACK INK The RFP Documents shall be fully endorsed where required and all endorsements are to be in BLACK INK and shall be legible. Where written errors are made in the endorsements, such errors are to be neatly struck out and the correction written neatly above the cancellation. All corrections made by the Bidders are to be initialed by him and any claims arising of misinterpretation of the Bidders endorsements due to illegibility shall in no way be entertained.
6.0
INFORMATION DAY In order to provide consistent advice and clarification to all parties at the same time, an Information Day session may be held for all potential Bidders. The venue, date and time of the session will be confirmed by the Employer or as stipulated in the RFP Notice.
6.1
Potential Bidders wishing to attend the session must nominate their representatives, which shall not exceed more that three (3) persons. All nominations must be in writing via mail, e-mail or facsimile and sent to the Tender Coordinator not later than 48 hours before the session and shall specify therein the names and positions/roles of the nominated representatives together with the contact number and e-mail addresses of each representative. Where 2 or more organisations and/or individuals propose to jointly tender, then only a maximum of 3 persons can attend on behalf of the members of the consortium. At the Information Day session, the Employer will endeavor to answer any question from potential Bidder in relation to this RFP. If the Employer is unable to provide the answers during the session, it will endeavor to provide the answers as soon as possible after the session. Other than during the Information Day or pursuant to any enquiry permitted by this RFP, no other form of communication or contact or any attempt to do so, shall be made by any intending Bidder or its representatives.
6.2 6.3
6.4
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7.0
CLARIFICATION PRIOR TO TENDER CLOSING DATE Subject to the Information Day described herein, a Bidder seeking clarification of any requirements of this RFP prior to at least five (5) days before the Tender Closing Date for submission of the Tender, may only do so in writing by e-mail or facsimile to the Tender Coordinator , as detailed below: Pn. Siti Zauyah Mohd Desa, Deputy Under Secretaty, Investment, MKD (Inc.) and Privatization Division, Ministry of Finance Malaysia, Kompleks Kementerian Kewangan, No. 5, Persiaran Perdana, Precint 2, Pusat Pentadbiran Kerajaan Persekutuan, 62592 Putrajaya, Malaysia. Facsimile No: +603 8882 3870 E-mail: zauyah.mohddesa@treasury.gov.my Oral interpretations on the RFP Documents requested by and/or received from any Bidder shall not be considered as to modify any provisions of the RFP Documents.
8.0
INTERPRETATION OF RFP DOCUMENTS It shall be the sole responsibility of the Bidder to scrutinize and carefully examine the RFP Documents and Drawings received. If there should be or appear to be any inexact of expression in or discrepancy with RFP Documents or with any documents included therein or if in doubt as to the true meaning of any part of RFP Documents, the Bidder should at once notify the Tender Coordinator of issuing the RFP Documents for clarification before submitting his Tender. Such clarification will be valid only if made by means of formal addenda as described below.
9.0
AMENDMENT OR ADDITION TO THE RFP The Employer reserves the right to issue amendments or additions to this RFP at any time before the Tender Closing Date. Any such amendment shall be numbered, dated and issued by the Employer. Where the amendment is significant, the Employer may at its discretion extend the Tender Closing Date. All amendments will be conveyed to bidders via email and fax. Oral interpretations on amendments to the RFP Documents requested by and/or received from any Bidder shall not be considered as to modify any provisions of the RFP Documents.
10.0
ADDENDUM All clarification given to the Bidder shall only be considered as valid if they are issued on official addendum. Official addendum shall only be issued upon receipt of queries or requests for clarification from the Bidder in writing and such addendum issued shall become part of the RFP.
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All addenda will be conveyed to bidders via email and fax. Oral interpretations on addenda to the RFP Documents requested by and/or received from any Bidder shall not be considered as official addenda.
11.0
FORM OF TENDER The Tender shall contain specific and detailed replies to all requirements, terms and conditions set out in the RFP. Bidders shall provide responses in the manner set out in the schedules provided in Section 3 of this RFP.
12.0
VALIDITY PERIOD OF TENDER Each Bidder shall agree that the Tender submitted remain valid and open for consideration for a period of ONE HUNDRED AND TWENTY (120) DAYS from the Tender Closing Date as stipulated in the RFP Notice and such period may by mutual agreement be extended as and when necessary. The Bidder shall not withdraw, write to cancel or alter his Tender during the period. If he so acts with the intention to do any or all above named restrictions, he shall forfeit all his fees and charges to the Employer, in full.
13.0
WITHDRAWAL OF TENDER No Tender may be withdrawn after the Tender Closing Date. Any Bidder, who attempts to do so may in addition to any remedy that the Employer may have against it, is liable to be debarred from future Tenders.
14.0
TENDER PRICE The Bidder shall quote in Ringgit Malaysia (RM) inclusive price of the Goods and Services described in this RFP.
15.0 15.1
SUFFICIENCY OF TENDER PRICE The Bidder shall be deemed to have satisfied itself before tendering as to correctness and sufficiency of its Tender for the supply of the Services and all matters and things necessary for the proper execution and completion of the Contract including duties, customs and excise, licenses, transport and insurance expenses. The Tender price shall be deemed to have included all Services to meet the specifications and requirements as specified in Section 2 Needs Statement of this RFP irrespective of whether such Services have been listed or priced in the Tender. No requirements specified in Section 2 Needs Statement shall be excluded unless explicitly stated by the Bidder.
15.2
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16.0 16.1
SUBMISSION OF TENDER The Tender in connection therewith must be delivered to the place as specified on or before the time and date stipulated in the RFP Notice. In the case of the Tender is not being delivered by hand, the Bidder must arrange for his Tender and related documents to be posted or delivered to reach the specified place not later than the stipulated time and date. Any Tender delivered after the stipulated time and date from whatever cause shall be disqualified. Notwithstanding the above, the Employer shall in no way be held liable for any loss or late Tender submitted. Proof of posting shall not be accepted as evidence for the submission of the Tender document. The Tender together with all supporting and accompanying documents must be submitted in four (4) sets made up of one (1) original and three (3) duplicate. All sets shall be bound and clearly labeled as ORIGINAL and DUPLICATE respectively. The Tender together with all supporting and accompanying documents must be submitted in a sealed cover. The cover containing the Tender shall not bear the name or address of the Bidder. The sealed cover must be endorsed as follows:
16.2
16.3
CONFIDENTIAL REQUEST FOR PROPOSAL (RFP) FOR CONSULTANCY SERVICES FOR A PRELIMINARY STUDY ON THE LOCATION AND DESIGN OF LCCT2 AT KLIA and addressed to :
Siti Zauyah Mohd Desa Deputy Under Secretaty, Investment, MKD (Inc.) and Privatization Division, Ministry of Finance Malaysia, Kompleks Kementerian Kewangan, No. 5, Persiaran Perdana, Precint 2, Pusat Pentadbiran Kerajaan Persekutuan, 62592 Putrajaya, Malaysia. Tel. No. : +603 8882 3737 and to be deposited into the RFP Box at the above address not later than 1700 HOURS (5.00 p.m.) on the date as indicated in the RFP Notice. 16.4 Tender received after the stipulated closing time, due to whatever cause arising, will not be considered but will be retained until such time the Employer makes a decision in respect of the RFP.
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17.0
EXPENSES INCURRED IN TENDERING The Bidder is to note that the Employer shall not be held responsible for any expenses and/or loss incurred by the Bidder in the preparation and submission of the Tender and that any claims whatsoever arising thereof shall not be entertained.
18.0
SERVICE OF NOTICE Every notice to be given to a Bidder shall be posted or delivered to the Bidders address given in the Form of RFP and such postings or deliveries shall be deemed to be good service of such notices.
19.0
FAIR AND COMPETITIVE TENDER The Bidder is to submit a fair and competitive Tender and at no time during the duration of the RFP period must the Bidder solicit or negotiate with any personnel, consultant and/or any other Bidder who is involved in this Tender exercise. Failure to comply with this clause may render the Bidders Tender liable to be disqualified.
20.0
OWNERSHIP OF TENDER DOCUMENTS By submitting a Tender, the Bidder:
20.1
Licenses the Employer to reproduce for its own purposes whatsoever, the whole or any portion of the Tender including the Tender Schedules notwithstanding any copyright or other Intellectual Property Right that may subsist in those documents; and Acknowledges that the Tender and all other documents submitted with it shall not be returned to the Bidder.
20.2
21.0
PROCESS TO BE CONFIDENTIAL After the submission of the Tender, information relating to the contents, examination, evaluation and comparison of proposals and recommendations concerning the award of the contract shall not be disclosed to the Bidder or other persons not officially concerned with the process.
22.0
ACCEPTANCE OF TENDER The Employer shall not, for whatever reasons, be bound in any way, to accept the lowest, equal, and/or highest of any quotation received, and has no obligation to give any explanation in the event of such occurrence. The successful Bidder (if any) shall be notified by a letter (referred to as Letter of Acceptance) within the RFP Validity Period or any extended period thereof. The said Bidder shall as soon as is practicable but before commencing the Services, submit to the Employer the following:
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(a) Performance Bond amounting to a sum equivalent to 5% of the Total Fees for Total fees more than RM500,000 or 2.5% of the Total Fees for Total fees less than RM500,000 in the form of Bank Guarantee (valid throughout the Contract period and six (6) months after the expiry of such period) or Cashiers Order or Bankers Draft made payable to the Employer for the due observance and performance of this contract; (b) The Bidder further agrees that the Employer may utilize and make payment out of or deductions from the said Performance Bond in pursuance of any conditions set in the Contract where the Employer is empowered to deduct any sum from the Consultant.
23.0 23.1
NEGOTIATION After the submission of the Tender, the Employer may call the Bidder for negotiation. Negotiation shall be conducted with the shortlisted Bidders who have qualified in the Technical and Financial evaluation. It shall be agreed and understood that in the event that the negotiation fails and a contract is not signed, there shall be no cause of action against the Employer, nor shall it be possible to pursue a cause of action against the Employer for any action howsoever arising.
23.2
24.0
EXECUTION OF THE CONTRACT Within reasonable period of time from posting or delivery, if by hand, of the notification of acceptance of this RFP, the successful Bidder shall execute the formal Contract with the Employer. The period for executing the formal Contract may, however, be extended if the Employer is satisfied that adequate reasons exist for so doing. The Bidder shall note that the execution of the formal Contract shall either be By Hand of the sole proprietor or By Hand of all partners if the set-up of the successful Bidder is a sole proprietorship or partnership respectively or Under Seal if the set-up of the successful Bidder is an incorporated company or corporate body. To this end, the Bidder is to note that payment shall only be made in accordance with the Contract to be executed by the Employer and the successful Bidder.
25.0
COMMENCEMENT OF SERVICES The Employer is entitled to postpone the commencement of the Services not exceeding three (3) months after the date of the Contract. The Consultant is required to ascertain the period of postponement from the Employer and shall allow in his Tender for all costs and expenses arising from the postponement.
26.0
JOINT VENTURE REQUIREMENTS A Tender submitted by a legal joint entity shall comply with the following:-
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a) The Bidders Tender shall be signed by authorized signatories of all partners to the joint venture so as to be legally jointly and severally binding upon each member of the same. b) A copy of the Joint Venture Agreement shall be submitted together with the Tender for perusal and acceptance by the Employer. c) The Joint Venture Agreement signed by authorized signatories shall include undertaking by all parties to the joint venture that they remain jointly and severally liable to the Employer for the execution and completion of all obligations of the Contract. d) The Bidders Tender shall include the official correspondence address for service of all letters, written notices and instructions to the Joint Venture entity. 26.1 Governing Law This RFP and any contract executed pursuant to this RFP shall be governed by and construed in accordance with the laws of Malaysia. The Employer and all Bidders responding to this RFP and parties to any contract executed pursuant to this RFP shall submit to the exclusive jurisdiction of the courts of Malaysia. 26.2 Non-liability Whilst care is taken to ensure that the facts and information contained in this RFP are correct at the time it is presented, the Employer hereby makes no representation as to the accuracy and adequacy of such facts and information contained in the RFP. The Employer shall not be held liable for any inaccuracy of such facts and information. 26.3 Confidential Information All information of confidential nature whether generated in Malaysia or overseas, shall be subjected to laws of Malaysia. Without prejudice to the right of the Employer under any law, a breach by the Bidder may entitle the Employer to terminate dealings with the organization without prior notice to the Bidder.
27.0 27.1
RIGHTS OF EMPLOYER Acceptance or Rejection of Any or All of the Proposal The Employer reserves the right to accept or reject any proposal, to annul the tendering process and reject any Bidder at any time prior to the award of the Contract without thereby incurring any liability to the affected Bidder or any obligation to inform the affected Bidder of the grounds of the Employers action. The decision of the Employer is final and the Employer is not obliged to give any reason for the non-acceptance or rejection of any proposal.
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RFP Section 1

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Project Title: Independent Consultancy Services to Perform a Preliminary Study on the Location and Design of LCCT2 at KLIA

Section 1 Instructions to Bidders

Section 1 Instructions to Bidders

Section 1 Instructions to Bidders

Section 1 Instructions to Bidders

Section 1 Instructions to Bidders

Section 1 Instructions to Bidders

Section 1 Instructions to Bidders

Section 1 Instructions to Bidders

Section 1 Instructions to Bidders

OWNERSHIP OF TENDER DOCUMENTS By submitting a Tender, the Bidder:

Section 1 Instructions to Bidders

Section 1 Instructions to Bidders

Section 1 Instructions to Bidders

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