DESIGN & BUILD

1 Guide
GUIDE ON THE USE OF THE DESIGN & BUILD / TURNKEY CONDITIONS OF
CONTRACT
1.0 INTRODUCTION
The Technical Works Contract Committee was set up in late 1996 on the recommendation of MAMPU to draft the standard conditions of contract for works implemented on a Design & Build or Turnkey basis. This Committee chaired by JKR comprises members from the various divisions in
JKR, JPS, DBKL, JPN, Peguam Persekutuan Kementerian Kerja Raya with support from the Treasury and MAMPU. This D&B / Turnkey Conditions of Contract have been drafted for use in connection with projects for which the Contractor is responsible for all aspects of design and construction. This Guide have been prepared by the Technical Works Contract Committee to assist users of this D&B/Turnkey Conditions of Contract in the preparation of contract documents.

 

2.0 PREPARATION OF CONTRACT DOCUMENTS

2.1 Usage of Contract Form Article 4 in the Articles of Agreement lists the documents forming part of the Contract as follows:
i. Articles of Agreement
ii. Conditions and Appendices annexed thereto
iii. The Government’s Requirements including the Instructions to Tenderers
iv. The Contractor’s Proposal including drawings and Specifications
v. The Contract Sum Analysis
vi. The Form of Tender
vii. The Letter of Acceptance
This guide shall only set out to explain the Articles of Agreement, the Conditions, List of Appendices, Appendix 1 and the Form of Tender.
2.1.1 Articles of Agreement The relevant spaces shall be filled. Action shall be taken as highlighted by the footnote on page AA/1. 2 Guide
2.1.2 Conditions of Contract
i) Table of Contents
Delete any of the Special Condition, which is not relevant. Any additional clauses on Special Conditions shall be listed in successive sequence.
ii) List of Appendices
The numbering of the appendices shall be maintained to avoid any wrong cross referencing or confusion. (Refer to para 2.2 below)
iii) Conditions
The Conditions consists of two parts i.e. the general conditions from Clauses 1 to 58, which are applicable to all projects, and the special conditions which may be applicable to certain projects.
(a) Clause 1.3(a)
To delete appendix reference “2” if method of payment is based on valuation on site. (Refer to para 2.3 below)
(b) Clause 1.3(c)
Delete any of the Special Condition Clause 59 and/or 60 if not applicable. Insert any additional clause as Clause 61 and so on.
(c) Special Conditions
Clauses 59 and 60 are Special Conditions which may only be applicable for certain projects as explained below:
Maintenance of Works and Services Clause 59 under Special Conditions provide for the maintenance of Works and Services. Where the project does not require maintenance, this clause has to be deleted from the list under sub clause 1.3(c). Direct Payments and Consultancy Agreement with Contractor’s Consultants Clause 60 under Special Conditions provides for direct payment to Contractor’s Consultants. Where direct payment is required, it is advisable for the P.D. to limit such direct payment to the provision of consultancy services by the consultants listed in the form of tender and approved by the P.D. Other special conditions required for the project and approved by the Government may be added to the Special Conditions as Clause No. 61 and so forth.

 

3 Guide
iv) Appendix No. 1
The spaces in this appendix shall be completed with the relevant information.
2.1.3 Form of Tender
The form of tender also provides for projects where sectional completion is envisaged. The relevant sentence in paragraph 2 shall be deleted before the calling of tenders.
2.2 List Of Appendices
The following appendices shall be listed and marked as ‘List of Appendices’ in the Prebid /Contract Document.
APPENDIX 1 – Appendix to the Conditions of Contract
APPENDIX 2 – Schedule of Payment
APPENDIX 3 – Government’s Requirements
APPENDIX 4 – Contractor’s Proposal
APPENDIX 5 – Contract Sum Analysis
APPENDIX 6 – Contract Schedule of Rates* (to be deleted if not applicable)
APPENDIX 7 – Certified Copy of Bank Guarantee for Performance Bond
APPENDIX 8 – List of Government Multimodal Transport Operators (To refer to latest Treasury Circular for list)
2.3 Method of Payment
Two (2) methods of payment have been provided under the Conditions i.e. Payment based on Schedule and Payment based on Valuation on Site (refer Clause 50). The method of payment to be used for the project shall be specifically stated in the Government’s Requirements forming part
of the Prebid Document. Where the method of payment based on Valuation on Site is used, Appendix 2 shall be deleted from the List of Appendices.

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