GOVERNMENT OF MALAYSIA STANDARD FORM OF.CONTRACT TO BE USED WHERE BILLS OF QUANTITIES FORM PART OF THE CONTRACT P.W.D. FORM 203A (Rev. 1/2010) Hak Cipta Terpelihara Kerajaan MalaysiaCONDITION OF CONTRACT TO BE USED WHERE BILLS OF QUANTITIES. FORM PART OF THE CONTRACT PWD FORM 203A (Rev. 1/2010) i's Chamber‘TABLE OF CONTENTS Clause Page 1.0 DEFINITIONS AND INTERPRETATIONS, 2.0 CONTRACT PERIOD 3 3.0 THE S.0. AND S.0.'S REPRESENTATIVE 3 4.0 §.0’S RIGHT TO TAKE ACTION 4 5.0 S,0,'S INSTRUCTIONS. 4 6.0 SCOPE OF CONTRACT 5 7.0 CONTRACT SUM 6 8.0 CONTRACT DOCUMENTS. 6 9.0 REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS OF THE 7 CONTRACTOR 10.0 OBLIGATIONS OF THE CONTRACTOR 8 11.0 INSPECTION OF SITE 12.0 PROGRAMME OF WORK 13.0 PERFORMANCE BOND/PERFORMANCE GUARANTEE SUM 10 14.0 INDEMNITY IN RESPECT OF PERSONAL INJURIES AND DAMAGE TO 10 PROPERTY 15.0 INSURANCE AGAINST PERSONAL INJURIES AND DAMAGE TO PROPERTY 11 16.0 _ INDEMNITIES TO GOVERNMENT INRESPECT OF CLAIMS BY WORKMEN 12 17.0 EMPLOYEES’ SOCIAL SECURITY ACT, 1969 12 18.0 INSURANCE OF WORKS 8 19.0 SETTING OUT "4 20.0 UNFIXED MATERIALS AND GOODS 4 21.0 COMPLIANCE WITH THE LAW 15 22.0 DESIGN 15 23.0 EMPLOYMENT OF WORKMEN 16 24.0 VARIATIONS 18 25.0 VALUATION OF VARIATION 18 26.0 BILL OF QUANTITIES 19 27.0 MEASUREMENT OF WORKS 20 28.0 PAYMENT TO CONTRACTOR AND INTERIM CERTIFICATES 20 29.0 ADJUSTMENT OF CONTRACT SUM 24 30.0 FLUCTUATION OF PRICE 24 31.0 FINAL ACCOUNT AND PAYMENT CERTIFICATE 24 32.0 EFFECT OF S.0.’S CERTIFICATES 22 33.0 DEDUCTION FROM MONEY DUE TO CONTRACTOR 22 34.0 PRIME COST/ PROVISIONAL SUMS. 22Cause 35.0 36.0 37.0 38.0 39.0 40.0 44.0 42.0 43.0 44.0 45.0 46.0 47.0 48.0 49.0 50.0 51.0 52.0 53.0 54.0 55.0 56.0 87.0 58.0 59.0 60.0 61.0 62.0 63.0 64.0 65.0 66.0 67.0 68.0 MATERIALS, GOODS AND WORKMANSHIP INSPECTION AND TESTING OF MATERIALS, GOODS AND EQUIPMENT CONSTRUCTIONAL PLANT, EQUIPMENT, VEHICLES AND MACHINERIES POSSESSION OF SITE COMPLETION OF WORKS DAMAGES FOR NON-COMPLETION ‘SECTIONAL COMPLETION PARTIAL OCCUPATION/TAKING OVER BY GOVERNMENT. DELAY AND EXTENSION OF TIME CLAIMS FOR LOSS AND EXPENSE INVESTIGATION BY THE GOVERNMENT AND OTHER PERSONS IN CASE OF ACCIDENT, FAILURE OR OTHER EVENT ACCESS FOR WORKS, ETC. ‘SUB-CONTRACT OR ASSIGNMENT DEFECTS AFTER COMPLETION UNFULFILLED OBLIGATIONS SUSPENSION OF WORKS EVENTS AND CONSEQUENCES OF DEFAULT BY THE CONTRACTOR TERMINATION ON NATIONAL INTEREST TERMINATION ON CORRUPTION, UNLAWFUL OR ILLEGAL ACTIVITIES PAYMENTS UPON SUSPENSION AND TERMINATION ON NATIONAL INTEREST EVENTS AND CONSEQUENCES OF DEFAULT BY THE GOVERNMENT CERTIFICATE OF TERMINATION COSTS SURVIVING RIGHTS EFFECT OF FORCE MAJEURE SITE AGENT AND ASSISTANTS NOMINATED SUB-CONTRACTORS AND/OR NOMINATED SUPPLIERS PAYMENT TO NOMINATED SUB-CONTRACTOR OR SUPPLIERS NO LIABILITY OF GOVERNMENT TO NOMINATED ANDOR SUB- CONTRACTOR OR SUPPLIER RESPONSIBILITIES OF CONTRACTOR TO NOMINATED AND / OR SUB- CONTRACTORS OR SUPPLIERS INTELLECTUAL PROPERTY RIGHTS ANTIQUITIES ARBITRATION NOTICE, ETC. ‘SAFETY AT THE SITE ii Page 23 23 24 24 25 26 a ar 28 29 30 31 3t 32 32 33 36 36 37 37 38 39 39 40 40 a 44 42 42 42 43 44 45Clause Page 69.0 ADVANCE PAYMENT 45 70.0 AMENDMENT 46 74.0 CONFIDENTIALITY 46 72.0 STAMP DUTY 47 73.0 SEVERABILITY 47 740 WAIVER 47 75.0 LAWS APPLICABLE 47 76.0 SUCCESSORS BOUND 47 77.0 EPIDEMICS AND MEDICAL ATTENDANCE 48 78.0 TECHNOLOGY TRANSFER 48 79.0 GENERAL DUTIES AND PERFORMANCE STANDARD 48 80.0 RESTRICTION AND PROCEDURE ON USE OF IMPORTED MATERIALS AND 48. coops 81.0 TIME 49 itiof 20 CONTRACT NO : EXPENDITURE to be met from: Head ‘Sub-head .. Year of A CONTRACT made on day of «. vs 20... between the Government of Malaysia (hereinafter refered to asthe -~«—«"Government’) of _-—sthe_~=—one—part and (Company No. -) (hereinafter called the “Contractor’) and having its registered address at of the other part. (The Government and the Contractor shall hereinafter individually be referred to “Party” or collectively as the "Parties") WHEREAS: A. The Government is desirous of (hereinafter referred to as at 7 . the Works) and has caused Drawings, Bills of Quantities, Specification describing the work to be done to be prepared. B. The sald Drawings numbered .. (hereinafter referred to as the "Contract Drawings"), and the Bills of Quantities, Specification, Form of Tender and Letter of Acceptance of Tender have been signed by or on behalf of the Parties hereto, NOW IT IS HEREBY AGREED AS FOLLOWS: 1.0. DEFINITIONS AND INTERPRETATION 4.1 Definition Unless the context otherwise requires, this Contract or an item or entry in the Appendices specifically otherwise provides, the following words and phrases in this Contract and the(@) (b) © @ e) @ @) (h) 0 @ wy) ‘Appendices shall have the meaning given below or ascribed ‘n the clauses or Appendix item to which reference is made: “Contract” “Contract Documents” “Contractor” “Contract Period” “Contract Sum’ “Date for Compl “Defects Liability Period” “Nominated Sub- Contractor” or “Nominated ‘Supp “On-Cost Charges” “Officer Named” “Prime Cost” or means this contract and the appendices attached hereto; means the documents forming the tender and acceptance thereof including: = Form of Tender; = Letler of Acceptance of Tender; = Contract Drawings; = _ Bill of Quantities; = Specifications; + Treasury's Instructions; and all these documents shall be complementary to one another; ‘means the person or persons, sole proprietor, partnership, firm ‘or company whose tender for the Works has been accepted and who has or have signed this Contract and includes the Contractor's personal representatives, heirs, successors, executors, administrators, servant and agent; ‘means the time frame stipulated in clause 2; means the sum stipulated in clause 7; means the date fixed and stated in Appendix or any other date {as provided for in clause 39; means the period stated in Appendix or if none stated, the Period is twelve (12) months from the dale of practical completion certified by the $.0. as provided for under clause 39.3; ‘means all specialist, merchants, tradesmen and others executing ‘any work of services, or supplying any materials or goods for ‘which Prime Cost Sum (or P.C. Sums) are included in the Bills of Quantities or which the 8.0. has given written instructions in regard to the expenditure of Provisional Sum and who may be nominated by the S.0, and employed by the Contractor as Sub- contractors or Suppliers; means any cost and expenses reasonably incurred by the Government; ‘means officer empowered to take action on behalf of the Government pertaining to clauses e means a sum for works or services to be executed by a Nominated Sub-Contractor or sums for materials or goods to beabbreviation "P.C. Sum” obtained from a Nominated Supplier; () “Provisional Sum” means a sum for work of for the supply of goods or materials which cannot be defined or detailed at the time the tender documents are issued; (m) “Site” ‘means the land and other places on, above, under, in or through which the Works are to be executed and any other lands or places provided or approved by the Government for working ‘space or any other purposes as may be specifically designated in this Contract and whether the same may be on the Site or not; (1) “8.0.” means the Superintending — Officer who shall be andlor his successors in office; (0) “S.0's Representatives” means any person or persons delegated or authorised in writing by the S.0. to perform any of the duties of the 8.0. as may be from time to time notified in writing to the Contractor by the $.0. pursuant to clause 3.3(a) ofthis Contract; (p) “Works” means the works specified in the Contract Documents and shall include temporary works. 1.2 Interpretation (a) The terms “approved or approval" and “directed or direction” wherever used in this Contract shall be in writing. () Words importing the singular include the plural and vice versa where the context requires. (©) The headings are for convenience of reference only and shall not be deemed to be part of this Contract or be taken into consideration in the interpretation or construction of this Contract. (@) Unless otherwise specifically stated, a reference in this Contract and the Appendices to any clause means that clause in this Contract (e) This Contract and the Appendices are to be read as a whole and the effect or operation of any clause in this Contract or item in or entry in the Appendices shall, unless otherwise specifically stated, be read subject to any relevant qualification or modification in any other clauses in this Contract or item in or entry in the Appendices. 2.0 CONTRACT PERIOD ‘The Contract Period shall be for a period of . ‘commencing from 3.0 34 ending on THE S.0. AND S.0.’S REPRESENTATIVE Duties of S.0. and S.0.'s Representative ‘The S.0. shall be responsible for the overall supervision and direction of the Works. All matters regarding the Works shall be dealt with by the Contractor with the $.0.