surat pekeliling jps. cub bil. 1/92 pindaan …kontrak.water.gov.my/division/qs/spk/jps192.pdfe/ 3...

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Semua Pengarah Cawangan/Bahagian/ (11)dlm.PPS.Unit JPS, Kuala Lumpur. 10/4/2Semua Pengarah Pengairan dan Saliran Negeri.Semua Jurutera Projek. 24 Julai 1992

Tuan,

SURAT PEKELILING JPS. CUB Bil. 1/92Pindaan kepada Borang Kontrak PWD 203 (Revised 10/83),PWD 203A (Revised 10/83), JKR 203B - Pin. 1/82,JKR 203C - Pin. 1/82 dan JKR 203D - Pin. 1/82--------------------------------------------------------------------------------

Seperti yang tuan-tuan sedia maklum, Surat Pekeliling JPT. CUB Bil. 1/91 bertarikh 16/10/91bertujuan untuk menggantikan bahagian pindaan kepada borang-borang kontrak berasaskan PWD 203dan 203A seperti yang terkandung di dalam Lampiran 1 dan 2 kepada Surat Pekeliling tersebut.

2. Beberapa maklumbalas telah diterima ke atas Suat Pekeliling ini. Dengan itu kajian semulatelah dibuat ke atas Pekeliling berkenaan. Disertakan bersama-sama ini, Lampiran 1 untuk kontrakberasaskan PWD 203 (Rev. 10/83) dan Lampiran 2 untuk kontrak berasaskan 203A (Rev. 10/83) yangtelah dikaji semula untuk digunakan oleh pejabat tuan.

3. Dengan berkuatkuasanya Surat Pekeliling ini, Surat Pekeliling JPT. CUB Bil 1/91 adalahdengan ini dibatalkan mulai dari tarikh surat ini.

Sekian dimaklumkan.

"BERKHIDMAT UNTUK NEGARA"

Tema Hari Peladang, Penternak dan Nelayan Kebangsaan"WAWASAN MEMAJUKAN PERTANIAN"

Saya yang menurut perintah,

(IR. JOSEPH YEOH HOH HOH)b.p. Ketua Pengarah,Jabatan Pengairan dan Saliran,Malaysia.

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Lampiran 1

JABATAN PENGAIRAN DAN SALIRAN, MALAYSIA

AMENDMENTS TO FORMS PWD. 203 - REV. 10/83,JKR. 203C - PIN. 1/82 AND JKR. 203D - PIN. 1/82

A. PWD. FORM 203 - REV. 10/83 - CONDITIONS OF CONTRACT

1. Page 4, footnote (6)

Correct "relevent" to "relevant".

2. Page 5, sub-clause 2(c)(i), line 2

Delete comma after the word S.O.

3. Page 5, sub-clause 2(c)(ii)


4. Page 5, sub-clause 3(b), line 2

Substitute "for" after "arising" with "from".

5. Page 5, sub-clause 5(a)(vi)

Add before the semi-colon, "as referred to in Clause 9(b) hereof".


Insert after the word "may", the phrase "undertake the work departmentally or"; and insertafter the word "pay", the words "a contractor or".


Insert after the word "Government", the words "or the S.O. on its behalf".

8. Page 6, clause 6, title

Insert after "Notices", the word "etc.".

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9. Page 6, clause 6, line 7

Amend the word "agent" to "Agent".

A. PWD. FORM 203 - REV. 10/83 - CONDITIONS OF CONTRACT (continued)

10. Page 6, clause 6

Insert immediately after clause 6, the new clause 6A as follows :-

6A In the event of the Government commencing any action against the Contractor inrespect of this Contract in the High Court of Malaya or any Magistrates or SessionsCourt in Malaysia, the Writ or Summons, as the case may be, may be served on theContractor in the manner hereinafter set out;

(a) A copy of the writ or summons shall be left at the address notified to the S.O.(or if a change of it is notified, at the changed address) pursuant to clause6.

Provided that in the event of the Contractor failing to notify the S.O. of hisaddress or changed address, the copy of the writ or summons shall be left at theaddress stated in the Contract, and

(b) A copy of the writ or summons shall also be affixed on the door of the addresswhere the copy of the writ or summons shall be left as aforesaid.

11. Page 6, sub-clause 7(a) line 1

Substitute the word "S.O." with the word "Government".


Substitute the word "Works" with the word "Site".


Substitute the word "on" with the word "at".


Add after the word "Government", the words "of Malaysia".

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15. Page 8, clause 16(e), line 4

Delete the last sentence.


Substitute the full-stop with a comma, and add the phrase "and any extra costs incurred by theGovernment in connection with the supervision of the Works.".


Substitute the word "agent" with the word "Agent".


Delete the words "being made".


Substitute the word "workmen" with the word "workman".

20. Page 10 sub-clause 25(a), clause 3 & 5

Substitute the words "site agent" with the words "Site Agent".

21. Page 11, sub-clause 26(a)(ii), line 2

Substitute the words "S.O." with the word "Government".

22. Page 11, sub-clause 26(a)(iii), line 2

Insert after the word "error", the phrase "in the prices and/or calculations of the contractor.

23. Page 11, sub-clause 27(d), line 2

Delete the phrase", otherwise ......................Contract,".

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24. Page 12, clause 28(c)

Insert after clause 28(c)(ii) the new clause 28(c)(iii) as follows :-

"a person who will not give to the Government such Indemnity with terms and conditions asprovided in the Government standard form of Letter of indemnity for Nominated Sub-contractors (Form PWD 203N7) or for Nominated Suppliers (Form PWD 203P7), as the casemay be."

25. Page 12, clause 28(e)

Substitute the whole of clause 28(e) with the new clause 28(e) as follows :-

"The S.O. in issuing Interim Certificates under Clause 47 or the Final Certificate under clause48 hereof shall state separately the amount of interim or final payment due to each NominatedSub-contractor or Nominated Supplier which amount subject to Clause 28(f) hereof, shall bepaid by the Government direct to the Nominated Sub-contractor or Nominated Supplier. Theamount paid by the Government direct to the Nominated Sub-contractor or Supplier shall bedeemed to be a payment to the Contractor by the Government under and by virtue of thisContract".

26. Page 12, clause 28(f)

Substitute the whole of clause 28(f) with the new clause 28(f) as follows :-

"Subject to the relevant provisions in the sub-contract (Form PWD 203N or Form PWD 203Pas the case may be), the Contractor shall be entitled to be paid and the Government may pay tothe Contractor out of any money otherwise due to a Nominated Sub-contractor or NominatedSupplier :-

(i) any amount which the Government or the S.O. on its behalf in exercise of any rightunder this Contract has deducted from monies due to the Contractor and suchdeduction is in respect of some act or default solely of the Nominated Sub-contractoror Nominated Supplier, his servants or agents;

(ii) any amount agreed by the Nominated Sub-contractor or Nominated Supplier as due tothe Contractor, or any amount awarded in arbitration or ligitation in favour of theContractor which arises out of or under the sub-contract; and

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(iii) the amount of any claim for loss and/or expense actually incurred by the Contractor byreason of any breach or failure to observe the provisions of the sub-contract by theNominated Sub-contract or Nominated Supplier.

Any amount paid to the Contractor in accordance with this Clause shall be deemed tobe a payment to the Nominated Sub-contractor or Nominated Supplier under thesub-contract.

27. Page 12, clause 28(g)

27.1 Substitute the whole of clause 28(g) with the new clause 28(g) as follows :-

"Nothing in this clause nor anything else contained in this Contract shall render theGovernment in any way liable to any Nominated Sub-contractor or NominatedSupplier."

27.2 Substitute the words "No privity of Contract between Government and" in the side titlewith the words "No liability of Government to"

28. Page 14, sub-clause 33(b), line 5Page 15, sub-clause 34(c), line 5

Insert after the word "Period", the words "plus 32 months thereafter".

29. Page 14, sub-clause 33(c), line 1

Substitute the word "makes" with the word "make".


Delete the word "paid" immediately after the word "amount".

31. Page 14, sub-clause 34(b)(ii), Endorsement A, line 2

Substitute the word "Contractors" with the word "contractors".


Substitute the word "proceeding" with the word "proceedings".

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33. Page 15, sub-clause 34(b)(ii), Endorsement B, line 3


34. Page 15, sub-clause 34(e), lines 2 & 3

Substitute the word "Sub-clause" with the word "sub-clause".


Substitute the word "his" with the word "this".


Substitute the word "Legislation" with the word "legislation".

37. Page 16, sub-clause 36(a), line 6

Delete the words "temporary buildings,".

38. Page 17, sub-clause 38(c)

Substitute the word "(c)" with "(c)(i)" and insert after sub-clause 38(c)(i) the new clause38(c)(ii) as follows :-

"Notwithstanding the provision above, the Government reserve the right to give possession ofsite piecemeal as and when they are acquired and sub-clause 38(e) shall not apply in such case".


Delete "," after 41 and add "before the".


Substitute the word "shall" with the word "may".

41. Page 18, sub-clause 43(e), line 3

Insert a comma after the word "sub-contractor".


Substitute the word "after" with the words "from the".

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43. Page 20, sub-clause 47(a), lines 1, 5 and 8



Substitute the words "use thereon" with the words "incorporation into the Works".

45. Page 20, sub-clause 47(a), lines 3 and 9

Substitute the word "thereof" with the words "of work properly executed and seventy-five (75)per cent of the value of unfixed materials and goods delivered to the Site intended forincorporation into the Works".

46. Page 20, sub-clause 47(c), lines 4 and 8




48. Page 20, Clause 47

Insert after Clause 47(c) the new Clause 47(cc) as follows :-

"Provided always that the provisions of Clauses 47(a) and 47(b) in respect of unfixed materialsand goods shall not apply to articles supplied and delivered by Nominated Suppliers whicharticles, subject to the provisions of the sub-contracts shall be certified their full value".


Substitute the word "will" with the word "shall".


Substitute the words "Clause 47" with the words "Clauses 47 and 48".

51. Page 21, sub-clause 51(a)(v)

Substitute the words "Clause 27(a) and (b)" with the words "Clause 27(a), (b) and (d)".

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Insert after the word "or" the word "within".


Substitute the word "arbitration" with the word "Arbitration".


Substitute the word "centre" with the word "Centre".


Substitute the word "Officer" with the word "Officer(s)".

56. Page 24, sub-clause 33(a) and 36(b)

Delete the word "clause".


Insert between the second and third lines, the following:-

Total Amount Insured ....................... M$ ......................

58. Page 25, sub-clause 54(h), line 2

Substitute the word "any" with the word "an".

59. Substitute the word "S.O." or "Government" with the words "Officer named in the Appendix".

(a) Page 17, clause 40, line 2(b) Page 18, clause 43, paragraph 1, line 3(c) Page 19, clause 43, paragraph 2, lines 1 & 5(d) Page 21, sub-clause 51(a), lines 12 & 15(e) Page 21, sub-clause 51(b), lines 10(f) Page 23, sub-clause 54(a), line 8(g) Page 23, sub-clause 54(b), line 1(h) Page 23, sub-clause 54(c), lines 1, 3, 4 & 5

60. Wherever the expression `Liguidated and Ascertained Damages' appears, it shall be subsitutewith `Liquidated Damages".

N.B: Only applicable to Civil Engineering Contract and NOT to Building Contracts.

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C. FORM J.K.R. 203C - Pin. 1/82 - FORM OF TENDER

1. Wherever the term "Jabatan Kerja Raya" appears, it shall be replaced by "Jabatan Pengairandan Saliran".

2. Page 6, Clause 2(b) line 2

Add the words "unless otherwise specified" after the word "Works".

3. Notwithstanding that stated on page 4 paragraph 7 and on page 8 Condition No. 10, thetenderer is to take note that he is required to submit in addition the Policy/Cover Notes forInsurance of Works (Clause 36) before the commencement of the Works in accordance withClause 38(a) of the Conditions of Contract.

D. FORM J.K.R. 203D - Pin. 1/82 - LETTER OF ACCEPTANCE OF TENDER


2. Page 3 paragraph 4

Insert new sub-paragraph as follows :-

(e) Polisi Insurans Untuk Kerja-kerja berjumlah tidak kurang daripada jumlah amaun yangtersebut dalam kandungan Syarat 36 dan "Appendix" kepada Borang Kontrak (P.W.D.FORM 203A - Rev. 10/83).

Policy for Insurance of Works for a value not less than that stated in Clause 36and Appendix to the Form of Contract (P.W.D.n FORM 203A - Rev. 10/83).

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Lampiran 2

JABATAN PENGAIRAN DAN SALIRAN, MALAYSIA

AMENDMENTS TO FORMS PWD. 203A - REV. 10/83,JKR. 203B - PIN. 1/82 AND JKR. 203D - PIN. 1/82

A. PWD. FORM 203A - REV. 10/83 - CONDITIONS OF CONTRACT

1. Page 5, sub-clause 2(c)(i), line 2


2. Page 5, sub-clause 2(c)(ii)



Substitute "for" after "arising" with "from".

4. Page 5, sub-clause 5(a)(vi)

Add before the semi-colon, "as referred to in Clause 9(b) hereof".


Insert after the word "may", the phrase "undertake the work departmentally or"; and insertafter the word "pay", the words "a contractor or".


Insert after the word "Government", the words "or the S.O. on its behalf".

7. Page 6, clause 6, title

Insert after "Notices", the word "etc.".


Amend the word "agent" to "Agent".

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9. Page 6, clause 6

Insert immediately after clause 6, the new clause 6A as follows :-

6A In the event of the Government commencing any action against the Contractor inrespect of this Contract in the High Court of Malaya or any Magistrates or SessionsCourt in Malaysia, the Writ or Summons, as the case may be, may be served on theContractor in the manner hereinafter set out;

(a) A copy of the writ or summons shall be left at the address notified to the S.O.(or if a change of it is notified, at the changed address) pursuant to clause 6.

Provided that in the event of the Contractor failing to notify the S.O. of hisaddress or changed address, the copy of the writ or summons shall be left at theaddress stated in the Contract, and

(b) A copy of the writ or summons shall also be affixed on the door of the addresswhere the copy of the writ or summons shall be left as aforesaid.

10. Page 6, sub-clause 7(a) line 1

Substitute the word "S.O." with the word "Government".




Substitute the word "stone" with the word "stones".


Substitute the word "on" with the word "at".


Add after the word "Government", the words "of Malaysia".

15. Page 8, clause 16(e), line 4

Delete the last sentence.

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Substitute the full-stop with a comma, and add the phrase "and any extra costs incurred by theGovernment in connection with the supervision of the Works.".


Substitute the word "agent" with the word "Agent".


Delete the words "being made".


Substitute the word "workmen" with the word "workman".


Substitute the word "entitle" with the word "entitled".

21. Page 10 and 11, clause 25 and 26

The Quantities in the Bills mentioned herein are provisional and are subject to remeasurementand adjustment on final completion of Works.

22. Page 10, sub-clause 25(b)(i), line 2

Substitute the words "Clause 24(e)" with the words "Clause 26(d)".


Delete the comma after the word "shall".

24. Page 11, clause 26(b)

Substitute the words "Standard Method ......... Malaysia" with the words "Civil EngineeringStandard Method of Measurement (CESMM) as published by the Institution of CivilEngineers, London (Second Edition, 1985)".

25. Page 11, sub-clause 26(d)(i), lines 2 & 3

Substitute the words "S.O." with the word "Government".

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26. Page 11, sub-clause 26(d)(ii), line 2

Substitute the word "arithmatical" with the word "arithmetical"; and insert after the word"omission" the words "in the prices or rates and/or calculations of the Contractor".

27. Page 11, sub-clause 27(d), lines 2 to 4

Delete the phrase ", otherwise ...... Contract,".

28. Page 12, clause 28(c)

Insert after clause 28(c)(ii) the new clause 28(c)(iii) as follows :-

"a person who will not give to the Government such Indemnity with terms and conditions asprovided in the Government standard form of Letter of indemnity for Nominated Sub-contractors (Form PWD 203N7) or for Nominated Suppliers (Form PWD 203P7), as the casemay be."

29. Page 12, clause 28(e)

Substitute the whole of clause 28(e) with the new clause 28(e) as follows :-

"The S.O. in issuing Interim Certificates under Clause 47 or the Final Certificate under clause48 hereof shall state separately the amount of interim or final payment due to each NominatedSub-contractor or Nominated Supplier which amount subject to Clause 28(f) hereof, shall bepaid by the Government direct to the Nominated Sub-contractor or Nominated Supplier. Theamount paid by the Government direct to the Nominated Sub-contractor or Supplier shall bedeemed to be a payment to the Contractor by the Government under and by virtue of thisContract".

30. Page 12, clause 28(f)

Substitute the whole of clause 28(f) with the new clause 28(f) as follows :-

"Subject to the relevant provisions in the sub-contract (Form PWD 203N or Form PWD 203Pas the case may be), the Contractor shall be entitled to be paid and the Government may pay tothe Contractor out of any money otherwise due to a Nominated Sub-contractor or NominatedSupplier :-

(i) any amount which the Government or the S.O. on its behalf in exercise of any rightunder this Contract has deducted from monies due to the Contractor and suchdeduction is in respect of some act or default solely of the Nominated Sub-contractoror Nominated Supplier, his servants or agents;

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(ii) any amount agreed by the Nominated Sub-contractor or Nominated Supplier as due tothe Contractor, or any amount awarded in arbitration or ligitation in favour of theContractor which arises out of or under the sub-contract; and

(iii) the amount of any claim for loss and/or expense actually incurred by the Contractor byreason of any breach or failure to observe the provisions of the sub-contract by theNominated Sub-contract or Nominated Supplier.

Any amount paid to the Contractor in accordance with this Clause shall be deemed tobe a payment to the Nominated Sub-contractor or Nominated Supplier under thesub-contract.


Substitute the whole of clause 28(g) with the new clause 28(g) as follows :-

"Nothing in this clause nor anything else contained in this Contract shall render theGovernment in any way liable to any Nominated Sub-contractor or Nominated Supplier."


Substitute the words "No privity of Contract between Government and" in the side title withthe words "No liability of Government to"

33. Page 14, sub-clause 33(b), line 5, sub-clause 34(c), line 5

Insert after the word "Period", the words "plus 32 months thereafter".


Substitute the word "makes" with the word "make".


Delete the word "paid" immediately after the word "amount".




Substitute the word "workman" with the word "workmen".

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Substitute the word "his" with the word "this".


Substitute the word "Legislation" with the word "legislation".

41. , sub-clause 36(a), line 6

Delete the words "temporary buildings,".

42. Page 17, sub-clause 38(c)

Substitute the word "(c)" with "(c)(i)" and insert after sub-clause 38(c)(i) the new clause38(c)(ii) as follows :-

"Notwithstanding the provision above, the Government reserve the right to give possession ofsite piecemeal as and when they are acquired and sub-clause 38(e) shall not apply in such case".


Delete "," after 41 and add "before the".


Substitute the word "shall" with the word "may".

45. Page 18, sub-clause 43(e), line 3

Insert a comma after the word "sub-contractor".


Substitute the word "after" with the words "from the".

47. Page 20, sub-clause 47(a), lines 1, 5 and 8




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49. Page 20, sub-clause 47(a), lines 3 and 9

Substitute the word "thereof" with the words "of work properly executed and seventy-five (75)per cent of the value of unfixed materials and goods delivered to the Site intended forincorporation into the Works".

50. Page 20, sub-clause 47(c), lines 4 and 8





Insert after Clause 47(c) the new Clause 47(cc) as follows :-

"Provided always that the provisions of Clauses 47(a) and 47(b) in respect of unfixed materialsand goods shall not apply to articles supplied and delivered by Nominated Suppliers whicharticles, subject to the provisions of the sub-contracts shall be certified their full value".


Substitute the word "will" with the word "shall".


Substitute the word "of" immediately after the word "Works" with the word "or".


Substitute the words "Clause 47" with the words "Clauses 47 and 48".

56. Page 21, sub-clause 51(a)(v)

Substitute the words "Clause 27(a) and (b)" with the words "Clause 27(a), (b) and (d)".


Insert after the word "or" the word "within".

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Substitute the word "arbitration" with the word "Arbitration".


Substitute the word "centre" with the word "Centre".


Substitute the word "Officer" with the word "Officer(s)".

61. Page 24, sub-clause 33(a) and 36(b)

Delete the word "clause".


Insert between the second and third lines, the following:-

Total Amount Insured ......... RM ..........

63. Page 25, sub-clause 54(h), line 2

Substitute the word "any" with the word "an".

64. Substitute the word "S.O." or "Government" with the words "Officer named in the Appendix".

(a) Page 17, clause 40, line 2(b) , clause 43, paragraph 1, line 3(c) Page 19, clause 43, paragraph 2, lines 1 & 5(d) Page 21, sub-clause 51(a), lines 12 & 15(e) Page 21, sub-clause 51(b), lines 9 - 10(f) Page 23, sub-clause 54(a), line 8(g) Page 23, sub-clause 54(b), line 1(h) Page 23, sub-clause 54(c), lines 1, 3, 4 & 5

B. FORM J.K.R. 203B - Pin. 1/82 - FORM OF TENDER


2. Page 1, the heading "(THIS FORM IS TO BE USED WHERE QUANTITIES FORM PARTOF THE CONTRACT)"

Insert the word "PROVISIONAL" before the word "QUANTITIES".

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3. Page 6, Clause 2(b) line 2

Add the words "unless otherwise specified" after the word "Works".

4. Notwithstanding that stated on page 4 paragraph 7 and on page 8 Condition No. 10, thetenderer is to take note that he is required to submit in addition the Policy/Cover Notes forInsurance of Works (Clause 36) before the commencement of the Works in accordance withClause 38(a) of the Conditions of Contract.

C. FORM J.K.R. 203D - Pin. 1/82 - LETTER OF ACCEPTANCE OF TENDER


2. Page 3 paragraph 4

Insert new sub-paragraph as follows :-

(e) Polisi Insurans Untuk Kerja-kerja berjumlah tidak kurang daripada jumlah amaun yangtersebut dalam kandungan Syarat 36 dan "Appendix" kepada Borang Kontrak (P.W.D.FORM 203A - Rev. 10/83).

Policy for Insurance of Works for a value not less than that stated in Clause 36and Appendix to the Form of Contract (P.W.D.n FORM 203A - Rev. 10/83).

surat pekeliling jps. cub bil. 1/92 pindaan …kontrak.water.gov.my/division/qs/spk/jps192.pdfe/ 3...

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