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COVER NOTE PROVISION OF SECURITY GUARDS SERVICES FOR
ST JOSEPH’S INSTITUTION (SJI) LOCATED AT 38, MALCOLM ROAD, SINGAPORE 308274
We are pleased to invite you to submit an offer for the provision of security guards services.
Section A: Contact Details
Contact Information 1:
Name: Mr. Frankie Ng
Designation: Facilities Manager
Contact No: 6250 0022 ext 316 Email: [email protected]
Section B: Requirement Specifications
ITT Description: PROVISION OF SECURITY SERVICES FOR SJI located at 38 Malcolm Road Spore 308274.
Scope of Requirements:
Please refer to Part 2 of Annex A - Invitation to Tender for detailed instructions.
Mandatory Site Visit
All potential bidders must attend a mandatory site inspection. This will enable
proper understanding of the schools premises and hence be able to provide a
good proposal and assessment of the school’s security requirements.
Details as follows:
Date: 23 Feb 2021
Time: 1100hrs
Meeting Point: Guard House
Contact person: Mr. Frankie Ng, Facilities Manager
Contract Period 36 months. Optional to extend for another 24 months.
Documents to be submitted in Tender
Tenderers are required to attach the following documents when responding to the ITT to facilitate evaluation:
1. Security risk assessment and tenderer’s proposal to mitigate associated
risks highlighted.
2. Proposed operation model detailing how many manpower, processes,
system/equipment/technology will be integrated to achieve outcomes
desired by the school. The model should include a detailed traffic
management plan for peak hours, patrolling (clocking system) and visitor
management plan
3. Business Continuity Plan. Tenderer to propose how to maintain
committed service levels should manpower face shortfall and/or
equipment failure
4. Transition/Implementation Plan to assist the School for seamless take
over from existing service provider.
5. Copy of ACRA.
6. Documentary proof of last 2 years Security Agency Grading Exercise
(SAGE).
7. Pricing schedule
8. Last 5 years business track records.
Page 2 of 2
Section C: Evaluation Criteria
Critical Evaluation Criteria
Please refer to Part 3 of Annex A - Invitation to Tender
Other Evaluation Criteria
Please refer to Part 3 of Annex A - Invitation to Tender
Section D: Instructions to Suppliers
Closing date and time for the submission of proposals
The closing date and time are as stated below: Closing Date : 10th March 2021 Closing Time : 1400 hrs Via Tender drop Box located in the Administration Office at SJI
Validity period of proposals
Submitted proposals shall remain valid for acceptance for a minimum of ninety (90) days from the closing date and time of the ITT, or such longer period as may separately be agreed in writing between the Tenderer and SJI.
Payment Mode 1. The Contractor is to render a bill only upon completion of all services to be provided under the Contract. 2. The successful supplier must accept payment through Inter-Bank GIRO (IBG) and would be required to complete the Direct Credit Authorisation Form for payment to be made directly to the supplier’s bank account upon receipt of Letter of Acceptance. 4. Payment for services rendered will be subject to withholding tax (if applicable) in accordance to Singapore tax law. Suppliers should declare if they are subject to withholding tax when submitting their proposals.
For Enquiries If you need further clarifications, you may contact in writing the officers stated in Section A (Contact Details) above.
ANNEX A
INVITATION TO TENDER
Security Guard Services
FOR
ST JOSEPH’S INSTITUTION (“SJI”)
AT
38 Malcolm Road
Singapore 308274
PART 1 - INTRODUCTION
1. Overview 1.1 This Invitation To Tender (ITT) is for the appointment of a Contractor for the provision of Security
Guard services commencing from 1st May 2021 for 36 months period plus an optional 24 months extension (herein referred to as “Contract Period”).
1.2 Please refer to Schedule A for Information Factsheet about SJI.
2. Instructions to Tenderers 2.1 Instructions (Clarifications) given as a result of enquires will be issued in writing to all Tenderers in
the form of an Addendum which shall then become part of the ITT. Similarly, should the ITT require any amendments, an Addendum will be issued. Addendum will be numbered consecutively commencing with the number 1. One copy of the issued number(s) of addendum(s) must be signed and included with the submitted quotation.
2.2 Tenderers must refer to each Addendum in the proposal and state that the quotations allows for the instructions (clarifications) given therein.
3. Confidentiality 3.1 Tenderers should treat as confidential all information contained in this ITT and obtained in
subsequent communications with SJI. None of the information described in this document may be duplicated, used or disclosed without SJI's prior written consent.
3.2 Tenderers shall not publish or make known to others the existence, terms or subject matter of this ITT without first obtaining the prior written approval of SJI.
4. Duration of Offer 4.1 Submitted offers shall remain valid for acceptance for a minimum of ninety (90) days from the closing
date and time of the ITT, or such longer period as may separately be agreed in writing between the Tenderer and SJI.
4.2 All offers submitted will, upon receipt, become the property of SJI and will not be returned.
5. Quote Submission Instructions 5.1 All quotes submitted are to be summarised and type-written (Refer to Appendix 1 “Quote Summary
Submission Form” on Page 12) and forwarded with the ITT instructions. Soft copies must be collated and submitted in 1 PDF file including all appendixes and attachments. For soft copies larger than 5mbs, Tenderers must store the file in a thumb drive and submit together with the hard copies (both non-returnable) by the due date.
5.2 The submitted quotes shall be deemed to have included the delivery of all items and performance of all works and services to meet the requirements as specified in the Requirement Specifications (Part 2) irrespective of whether such items, works, and/or services have been specifically listed or priced in the submitted Tender Offer.
5.3 Tenderers are NOT to contact any SJI employees directly, except to submit clarifications in writing to the contact person(s) listed in Section A: Contact Details of the Cover Note.
6. Requirement Specifications, Evaluation Criteria, and Acceptance of Proposal 6.1 The services offered under the submitted Tender Offer shall comply with the Requirement
Specifications of this ITT. Please refer to Part 2 for the Requirement Specifications.
6.2 Submitted Tender Offer shall be evaluated in accordance to the stated Evaluation Criteria as per Part 3 of this ITT.
6.3 SJI will not be obligated to accept the lowest priced or to select any one specific proposal/offer or any proposal/offer amongst those submitted by the various Tenderers.
6.4 The issuance by SJI of a Letter of Acceptance accepting the Tenderer’s Tender Offer shall create a binding contract (to the extent accepted by SJI) between SJI and such Tenderer. The Conditions of Contract as per Part 4 shall apply to such contract.
SCHEDULE A
FACT SHEET
1. Land Area 48,157m2 2. GFA : 42,300m2
3. Total of 12 blocks ranging from 3 floors up to 6 floors
4. Total 4 lifts within the school
i. PL1 serving ISH going up to level 4 ( rooftop tennis) ii. PL2 serving Blk N, going up to level 3
iii. PL3 serving Blk B, going up to Level 6 iv. PL4 serving Blk A, going up to Level 6
5. Total number of students: 2,010
(age ranges from 12yos to 19yos)
6. Staff and on-site contractors: 250 including cleaners (13), gardener (1), Canteen vendors ( 18 ), Book/printing shop (2)
7. Official arrival times for students: - Years 1 to 2: 0745 hrs - Years 3, 4, 5, and 6: 0730 hrs Note: Canteen vendors and staff may arrive as early as 0500 hrs when school is in session.
8. Official dismissal times for students: - Years 1 to 2: from 1230 hrs – 1630 hrs - Years 3, 4, 5, and 6: from 1230 hrs – 1800 hrs Note: Canteen vendors and staff may arrive as early as 0500 hrs when school is in session.
9. Number of vehicular gates: Two (2)
10. Number of pedestrian gates: Two (2)
11. There will be student or visitor activities on Saturdays and Sundays.
12. The perimeter of the school is secured by a mixture of walls, chainlink fencings, BRC weldmesh and brickwalls
13. The school has an ongoing CCTV installation plan in progress. At the time of this tender, there is a lack of cctv covering the school perimeter. All CCTVs are pulled back to the control room and mirrored to admin office and the facilities
14. Number of parking lots: 91 lots - Only staff with season parking labels or visitors with prior approval from the Facilities
Manager or Authorised Representatives are allowed to park.
15. The fire prevention system consists of a system of smoke detectors, heat detectors, beam and call points. The DECAM is monitored 24 hrs by Ademco. Any activation of alarm will be received by Ademco. The security will need to investigate and get back to Ademco on the status within the allocated time frame.
16. Chemicals are kept in locked cabinet inside a locked room (card access) monitored 24/7 by CCTVs and motion detectors.
17. Any cash collection are kept inside a locked safe. Cash collection are discouraged and kept to maximum of $1,000. Cash are banked in every day.
18. Number of key press systems: Two (2) - Key press systems are automated. - One unit is kept outside the Control Room and the second unit is kept inside the
Administration Office.
PART 2 - REQUIREMENT SPECIFICATIONS
1 Definitions 1.1 Unless the context otherwise requires, the meaning and definition of the terms in these
Requirement Specifications shall be the same as those found in Clause 1.1 of the Conditions of Contract.
1.2 Unless otherwise specified, “Security Personnel” refers to the Contractor’s personnel deployed to perform the Contract. All Security Personnel deployed shall be licensed Security Officers or Senior Security Officers.
2 General
2.1 The Contractor shall be solely responsible for liaising, co-ordinating and making all necessary arrangements with any relevant authorities, specialists and Subcontractors, to ensure the satisfactory performance of all Services under the Contract.
2.2 The Contractor shall carry out the management and operations of the Security Guard service; in accordance to these Requirement Specifications.
2.3 As soon as reasonably practicable following the deployment of Security Personnel SJI, the Contractor shall formulate and submit for the approval of the Facilities Manager, the standard operating procedures for various security-related situations to be implemented at SJI. Upon receiving written approval from the Facilities Manager, the Contractor shall ensure that the performance of the Services shall be consistent with the agreed standard operating procedures and any subsequent revisions that may be required or approved by the Facilities Manager from time to time (the “Agreed SOP”).
2.4 The Contractor shall perform the Services to the reasonable satisfaction of SJI and shall ensure that its performance of the Services is also carried out in accordance with all applicable laws and regulations, all relevant standards and codes of practice and their subsequent revisions, and any guidelines or requirements of the Ministry of Manpower or such other relevant local authorities constituted under any written law for the time being in force.
2.5 The Contractor shall, throughout the Contract Period, insure and maintain such insurance in
respect of all Security Personnel in accordance with the requirements of the Work Injury Compensation Act (Cap. 354), and such other insurance as the Contractor may from time to time be required to provide for Security Personnel by law.
3 Deployment of Security Personnel
3.1 All Security Personnel deployed at the school must be security cleared and licensed for employment as Security Personnel by the Singapore Police Force.
3.2 There should always be a Senior Security Personnel (“Supervisor”) on the school site to direct the security operations. The Supervisor should report to the Facilities Manager and provide regular updates on the status of the operations.
3.3 The Contractor shall provide the Facilities Manager and/or authorized representative of SJI with the following particulars of all Security Personnel who are deployed to perform the Services: (a) Name, (b) Citizenship, (c) NRIC number, (d) Address, (e) Security Identification Card.
3.4 The Contractor shall ensure that all Security Personnel deployed are physically and mentally fit for duty.
3.5 The Contractor shall ensure that all personnel are experienced and competent in the provision of security operations and has the relevant Workforce Skill Qualification (WSQ) Certificate in Security Operations qualifications. The Contractor must also submit annual training plans.
3.6 The Contractor shall ensure that there is a proper system put in place for the handing over of duties due to (a) change of shifts of Security Personnel deployed, (b) changes of Security Personnel deployed or (c) deployment of relief Security Personnel due to the absence of Security Personnel deployed.
3.7 The Contractor shall ensure that only male Security Personnel are deployed for the evening shift.
3.8 The Contractor shall provide an adequate pool of relief Security Personnel. These Security Personnel shall be on standby should the need for replacement Security Personnel arise at any time during the Contract Period. Any replacement shall be of the same rank or level as the Security Personnel being replaced. However, the Contractor shall ensure that at least one of the Security Personnel must be a permanent Security Personnel deployed to SJI and not from the relief pool at all times.
3.9 The Contractor shall ensure that the daily attendance of Security Personnel deployed is captured accurately and electronically.
3.10 The Contractor shall ensure that all Security Personnel report punctually for duty to which they are deployed.
3.11 In the event any Security Personnel is absent from duty due to medical or urgent leave, or any other reason, the Contractor shall deploy a relief Security Personnel within one (1) hour of being notified of the absence. The Contractor shall also ensure that all duty posts are not left unattended while arranging for relief Security Personnel.
3.12 The School shall be at liberty to reject and remove any Security Personnel deployed, if in the opinion of that authorized representative and/or the Facilities Manager, the Security Personnel has misbehaved or misconducted himself, or is incompetent and negligent in the proper performance of his duties or whose continued deployment is otherwise considered by the authorized representative to be undesirable. Any Security Personnel rejected and removed from should be replaced within one (1) hour by a competent replacement as approved by the Facilities Manager.
4 Code of Conduct of Security Personnel
4.1 The Contractor shall ensure that all Security Personnel observe the following code of conduct while on duty:
(a) Maintain discipline at all times and adopt proper decorum when addressing and
interacting with persons inside or within the vicinity of SJI.
(b) Do not leave their place of deployment without handing over duties to another
Security Personnel.
(c) Do not place unofficial and unnecessary telephone calls (whether using their own
mobile phones or telephones provided) while on duty.
(d) Do not smoke and gamble inside or within the vicinity of SJI. (e) Do not sleep while on duty.
(f) Do not consume any alcoholic beverage shortly before reporting for duty and while
on duty. (g) Do not involve in canvassing. (h) Observe telephone etiquette.
(i) Observe protocol on use of walkie-talkie (such as avoiding unnecessary chatter).
(j) Record information accurately and truthfully. (k) Do not engage in private conversation or gossip. (l) Do not bring unauthorised relatives or friends into SJI. (m) Do not read newspapers, magazines, books, etc. while on duty.
(n) Do not whistle, sing, or listen to or watch any audio or visual devices for entertainment purposes (including any device provided by or located within SJI, such as computing devices).
5 Services performed by Security Personnel 5.1 The Security Personnel deployed by the Contractor shall perform the following services: 5.1.1 Access Control
a) The main entrance to SJI campus must be manned 24hrs daily. b) Provide access control to ensure only registered and authorised persons (including students)
and authorised vehicles are allowed access into SJI. c) Ensure that authorised vehicles allowed entry are parked properly in designated parking lots. d) All access in lifts to be turned on and stairwells to be opened for Blocks A and B, Level 5 and
Level 6 from 6am daily and shut down/locked from 6.30pm daily. e) For all other blocks, the access in lifts to be turned on daily from 6am and shut down from
6.30pm during week days Mondays to Fridays. There will be no lift access or operation on Saturdays, Sundays and Public Holidays.
f) Classrooms in other teaching blocks, except Block A and B, will be opened by SJI personnel and locked by individual class representatives at the end of the academic lesson each day. Security Personnel is to ensure to ensure that the lights and ceiling/wall fans are switched off and all doors are locked from 7pm daily.
g) Security Personnel are to ensure that the all doors leading to Block N and Block K are locked and the roller shutters are drawn down and secured at the end of each day.
h) Provide security checks to ensure that the following groups of people leave SJI premises by the designated times, unless otherwise advised by the Principal, Vice Principals, or authorized representatives of SJI:-
- Students to leave by 7.30pm daily - Visitors to leave by 9.45pm daily
5.1.2 Visitor and Contractor Management
a) Ensure that all visitors and contractors are authorized to enter SJI via appointment with SJI staff.
b) Ensure that the particulars, entry and exit records of all visitors and contractors to SJI are captured accurately and electronically. Such records shall be submitted whenever requested by SJI.
c) Ensure all visitors and contractors are issued with passes identifying them as visitors (further categorized into parents, SJI alumni etc) and contractors, as the case may be, to SJI, and that they display the passes at all times when they are at SJI.
d) Ensure that all visitors and contractors return their passes and leave SJI by no later than 9.45pm for that day.
e) Monitor the CCTV coverage and conduct checks to ensure that there are no intruders or unauthorised persons inside SJI.
f) Propose Standard Operating Procedures (SOPs) to handle the following scenarios:- (i) Break ins (ii) Forced entry through front gates – on foot or driving in (iii) Angry and violent personnel demanding entry (iv) Suspected terrorist activities
5.1.3 Vehicular and Human Traffic Management a) To manage vehicular traffic at the main gate, other points of entry or exit, and other roads
that lead immediately to the main gate or other points of entry or exit, to facilitate the smooth flow of traffic and ensure the safety of persons passing through the area (including students).
b) To manage human traffic at all points of entry or exit during peak periods to facilitate the smooth and safe entry and dispersal of registered or authorized persons (including students).
5.1.4 Incident Response and Management
a) Ensure that any security incident must be verbally informed and reported to the Facilities Manager and/or Authorised Representative of SJI immediately. A written report is to be followed up within twenty-four (24) hours of the occurrence of that security incident. Examples of security incidents include:
(i) Intrusions or break-ins; (ii) Presence of suspicious persons loitering within SJI; (iii) Vandalism; (iv) Theft; (v) Fires; (vi) Unattended equipment or items left within SJI; (vii) Follow up on security-related incident reports made by SJI students/staff; or (viii) Conduct of illegal activities within or near the main entrance to SJI.
b) Upon detection of a security incident, to attend at the site within five (5) minutes of detection. Concurrently, to report the security incident and escalate it in accordance with the Agreed SOP. All security incidents are to be recorded electronically and submitted to the Facilities Manager.
c) Security Personnel are also required to respond to security incidents that are not specified in Clause 5.1.4, for example, escorting individuals off SJI if directed to do so by an Authorised Representative.
5.1.5 Response to Emergency Situations
a) Respond in accordance with the Agreed SOP during emergencies or drills (e.g. fire incident evacuation) that occur at SJI, including assistance in the conduct of drills or participation in safety exercises.
b) Ability to handle fire panels as part of the Agreed SOPs to handles false alarms during operation and silent hours. Security Personnel must be able to mitigate before DECAMs operator activates the fire engines.
c) Security Personnel is expected to be familiar with SJI’s evacuation procedures and emergency response plans.
5.1.6 Patrolling
a) To supply and install guard tour system to ensure the security of the campus during off-peak hours, Saturdays, Sundays, and Public Holidays. Contractor shall provide the software and laptop to install the guard tour system.
b) The patrolling shall be carried out at least 2 times from 8pm to 6am. On Sundays and Public Holidays, at least 2 times in the day.
c) The school main gate shall be locked down at 8pm daily, unless otherwise advised by the Facilities Manager and/or authorized representatives of SJI. After lock down, the guard must patrol to ensure there are no authorized persons (including students) are still within the premises
d) Conduct patrols for the purposes of carrying out the following:
(i) Detecting potential security incidents. (ii) Checking all doors, windows, roller shutters and gates at the ground floor are securely
locked (applicable to the check at the end of the deployment periods).
(iii) Perform checks on critical equipment and physical installations (e.g. CCTV, fire alarm main panel, lifts)
(iv) Identify any potential safety hazards, including beehives, hanging wires or potholes, within that Allocated Site that require immediate action for rectification.
(v) Reporting any findings in relation to sub-paragraphs (i) to (iv) for follow up and rectification in accordance with the relevant standard operating procedures.
5.1.7 Others
a) Security Personnel is to submit a daily written on-site service report as directed. b) The Contractor shall provide all Security Personnel with uniforms, a name tag, an
identification badge, and proper footwear to be worn while they are on duty. The Contractor shall further ensure that Security Personnel observe the following: i. Male Security Personnel shall not keep long hair and female Security Personnel with
long hair shall keep it tied up neatly; ii. All Security Personnel must ensure at all times uniforms are neatly pressed and clean;
iii. All Security Personnel shall refrain from wearing excessive ornaments or accessories, which inhibit their performance if any of the Services.
iv. Security Personnel should maintain cleanliness of their guard post, desk, or guard house where they are stationed.
v. Security Personnel shall ensure that all body art is not visible at all times while they are on duty.
vi. Security Personnel shall adopt positive posture and body language. vii. Security Personnel shall walk, stand or sit upright and not slouch or lean on structure
at the duty post. viii. Security Personnel shall listen effectively and answer confidently using a normal tone
of voice.
6 Contractor Furnished Equipment and Systems 6.1 The Contractor shall provide the following security equipment and systems:-
6.1.1 Electronic visitor registration system; 6.1.2 Electronic clocking system for patrolling; 6.1.3 Electronic incident reporting and management system; 6.1.4 At least 2 sets of walkie-talkies (to be linked with SJI Facilities Department’s walkie-
talkies frequencies) 6.1.5 Sufficient number of torchlights to allow Security Personnel to discharge their duties; 6.1.6 Sufficient number of traffic control reflective vests and gloves; and 6.1.7 Sufficient number of traffic control wands.
6.2 The Contractor furnished systems shall have features that (a) provide systems’ availability in terms of time and duration of systems’ uptime and
downtime; (b) restrict access to system data to specific users only; and (c) allow tracking of any changes to data in system logs.
6.3 The Contractor shall allow the School, User or Managing Agent to audit system logs data
changes.
6.4 The Contractor shall bear all costs in relation to the supply, installation, modification, operational use, maintenance (including repair and replacement), management and removal of the Contractor furnished systems and equipment.
PART 3 – EVALUATION CRITERIA
Tender Offers shall be evaluated based on the following evaluation criteria:
Critical Evaluation Criteria
Proposals that do not meet the below critical evaluation criteria shall be excluded from further evaluation:
1. Attendance of the mandatory site inspection 2. Complete submission of documents listed in “Documents to be
submitted in Tender” above. 3. Tenderers must have two consecutive (i.e. current and preceding) Grade
‘A/B’ issued by Police Licensing & Regulatory Department (PLRD) or have received an exemption letter issued by Ministry of Manpower (MOM);
4. Minimum Grade B attained in last 2 years Security Agency Grading
Exercise (SAGE)
Other Evaluation Criteria
Proposals that fulfil the critical criteria will be further evaluated based on the following evaluation criteria and weightings:
S/N Criteria Weightings
1 Price 40%
2 Quality and suitability of proposal (Proposed Security Solutions) - Security Risk Assessment Plan - Proposed Operational Model - Business Continuity Plan - Transition/Implementation Plan - Quality of proposed systems such as
electronic visitor registration system
40%
3 Experience and Track records* of company, including Security Agency Grading Exercise grading
20%
(*) Track Records
- Provide references of schools/companies that have used the security services on the same or similar basis as is proposed to SJI for contracts starting from 1 January 2016. Please indicate the length of the relationship, date of service commencement and what services were/are supplied to the client
- Contact name(s) and phone number(s) of the references must be included. Ensure the client references are appropriately senior that they can provide an accurate overview.
PART 4 – CONDITIONS OF CONTRACT
CONDITIONS OF CONTRACT 1. Definitions
1.1. In these Conditions of Contract unless the context otherwise requires:
(a) "School" means The Visitor in Singapore of The Christian Brothers’ Schools, who is the
owner of St. Joseph’s Institution, and includes any person authorised by the School to act
on its behalf.
(b) “Authorised Representative” means the individual holding the appointment of Principal,
Vice-Principal, Administrative Manager or Operations/Facilities Manager.
(c) “Services” means the Services proposed in the Contractor’s Tender Offer as being capable
of meeting or exceeding the requirements set out in the Requirement Specifications and
accepted in the Letter of Acceptance, which the Contractor is required to provide under
the Contract.
(d) “Conditions of Contract” means Part 4 of the Invitation to Tender.
(e) “Contract” means the resulting contract between the School and the Contractor for the
provision of the Services as a result of the School’s acceptance of the Contractor’s Tender
Offer which terms and conditions are contained in the following:
(i) the Covering Letter; (ii) the Instructions to Tenderers; (iii) the Contractor’s Tender Offer; (iv) these Conditions of Contract; (v) the Requirement Specifications; (vi) the Letter of Acceptance; (vii) any Purchase Order issued to the Contractor; (viii) any correspondence exchanged between the School and the Contractor
which is agreed to by the School in writing as amplifying or modifying the Invitation to Tender or the Contractor’s Tender Offer; and
(ix) any formal agreement executed between the Parties, including all schedules and annexes to such documents as are relevant.
(f) "Contract Period” has the meaning set out in Part 1 Introduction (Overview).
(g) “Contract Price” means the total price tendered by the Contractor in respect of the
Services awarded to the Contractor by the School, and where such total price tendered has
been varied in accordance with this Contract, it shall refer to the varied total price.
(h) "Contractor" means a successful Tenderer whose Tender Offer has been accepted,
whether in whole or in part, by the School.
(i) “GST” means goods and services tax charged under the GST Act.
(j) “GST Act” means the Goods and Services Tax Act (Cap. 117A).
(k) “Invitation to Tender” means the invitation to participate in the tender for the supply of
Services and comprises all tender documents forwarded to the Tenderer, inclusive of the
Covering Letter, Instructions to Tenderers, Conditions of Contract, Requirement
Specifications, Evaluation Criteria and the other annexes, documents and forms enclosed.
(l) “Letter of Acceptance” means the letter issued by the School accepting all or part of the
Contractor’s Tender Offer.
(m) “Losses” means all liabilities, losses, damages, actions, claims, demands, costs (including
legal costs on a full indemnity basis and experts’ and consultants’ fees), settlement sums
and sums paid in satisfaction of court, arbitral or expert award.
(n) “Monthly Performance Assessment” refers to the document to be sent by the Facilities
Manager to the Contractor in accordance with Clause 26.
(o) “Monthly Security Assessment Audit” means the audit referred to in Clause 26 of these
Conditions of Contract.
(p) “Parties” means the School and the Contractor, and “Party” means any one of them.
(q) “Purchase Order” means an order issued to the Contractor in accordance with Contract for
the purchase of Provisional Services.
(r) “Services” means the services which the Contractor is required to provide under the
Contract.
(s) “Service Failure” means one or more of the events listed in paragraph 1(a) to (b) of Annex
CC1.
(t) “Subcontractor” means any person, firm or company engaged by the Contractor to
perform any part or parts of the Contractor’s obligations and includes the Subcontractor’s
duly appointed representatives, successors and permitted assignees and the
Subcontractor’s subcontractor.
(u) “Tender Offer” means the offer submitted by a Tenderer to provide Services to the School
in response to the Invitation to Tender, and other documents submitted by the Tenderer
and accepted in writing by the School as modifying such offer submitted by the Tenderer.
(v) “Tender Price” in respect of any Services, means the prices specified in the Quote
Submission Summary Form (Appendix 1) completed and submitted by the Tenderer (as
may be varied in accordance with the Contract) for the provision of such Services under the
Contract.
(w) “Tenderer” means a person or that person’s permitted assigns and successors offering to
provide the Services pursuant to the Invitation to Tender, and shall be deemed to include
two or more persons if appropriate.
1.2. Words importing the singular include the plural and vice versa where the context requires. 1.3. The headings are for convenience of reference only and shall not be taken into consideration
for the purposes of interpretation. 1.4. References to a person include any company, limited liability partnership, partnership,
business trust, unincorporated association or government agency (whether or not having
separate legal personality). 1.5. Unless a contrary intention appears, a reference in the Contract to “including” shall not be
construed restrictively but shall mean “including without prejudice to the generality of the foregoing” and “including but without limitation”.
1.6. Unless otherwise provided, any reference to any legislation shall be deemed a reference to such legislation as amended or revised from time to time and be deemed to include any subsidiary legislation made under such legislation.
1.7. In the Contract, “month” means calendar month and “day” means calendar day. 1.8. For the purposes of computing time, unless the contrary intention appears, a period of days
from the happening of an event or the doing of any act or thing shall be deemed to be exclusive of the day on which the event happens or the act or thing is done.
2. Clause References 2.1. All references to clauses in these Conditions of Contract or any other document, unless
otherwise expressly stated, are references to clauses numbered in these Conditions of Contract or the document in which the reference appears respectively.
3. Scope of Contract
3.1. The Contractor shall carry out and complete the supply of Services in accordance with the Contract.
3.2. Any Party may, from time to time, propose variations to the scope of the Services to be performed. Where (a) such variation is proposed by the Contractor and agreed to by the School in writing, or (b) such variation is proposed by the School, the scope of the Services to be performed shall be varied accordingly.
4. Performance and Due Care and Diligence 4.1. The Contractor shall, unless otherwise specified by the School prior to delivery or
performance, perform the Services at the times and places and in the manner specified in the Contract.
4.2. The Contractor shall with due care, skill and diligence carry out its obligations to the School under this Contract.
4.3. The Contractor acknowledges and accepts that the School relies on the skill and judgment of the Contractor and also upon the accuracy of all representations and statements made and advice given by the Contractor in the provision of the Services under the Contract.
4.4. The Contractor shall at all times be and remain solely responsible for and shall ensure compliance at all times with all and any applicable laws, rules, regulations, guidelines, directives, licenses, permits, notices and orders whatsoever imposed or issued by the Government of Singapore and/or any regulatory authorities or body in connection with Security Service Operations.
4.5. The Contractor shall comply with all applicable law, legislation and requirements of
regulatory authorities and reasonable directions by the Facilities Manager in relation to safety and environment matters and safety and environmental best practice guidelines (as amended or replaced from time to time) issued by the School.
5. Rejected Services 5.1. The School may reject any Services that are not performed in accordance with the Contract
or with reasonable care, skill and diligence, and if so required by the School, the Contractor shall re-perform such rejected Services at the Contractor’s own expense.
5.2. Where any Services are rejected by the School pursuant to Clause 5.1 or pursuant to any other provision of law, the Contractor shall be deemed to have completely failed to perform such Services.
6. Contractor’s Personnel 6.1. The Contractor shall provide all necessary personnel with adequate skills and required
professional certification (where applicable) for the performance of the Contract. Upon request by the School, the Contractor shall provide evidence of certification and competency of the personnel assigned.
6.2. If required by the School, the Contractor shall provide to the School the names and particulars (in such form as may be required by the School) of the personnel provided by the Contractor to perform the Contract.
6.3. The personnel provided by the Contractor to perform the Contract shall be subject to the School’s approval. The School shall not be obliged to provide any reasons for objecting to any of the Contractor’s personnel. If the School objects by notice in writing to any personnel provided by the Contractor to perform the Contract, the Contractor shall remove such person immediately and furnish a suitable and adequate replacement at no additional expense to the School within seven (7) days.
6.4. The Contractor undertakes not to change its personnel approved under this Contract without the School’s consent, whose consent shall not be unreasonably withheld. All new or replacement personnel shall also be subject to the approval of the School. The Contractor shall not reduce the quality of its personnel if this may adversely affect the performance of the Contract, including the quality of the Services.
7. Amount payable under this Contract
7.1. Subject to Clauses 7.2 and 8, the amount payable to the Contractor for Services performed
shall be determined by reference to the corresponding Tender Prices contained in the Quote
Submission Summary Form (Appendix 1) submitted by the Contractor in its Tender Offer and
accepted by the School.
7.2. Where the scope of the Services performed in respect of an Allocated Site have been varied
in accordance with Clause 3.2, the amount payable to the Contractor for such Services shall,
subject to Clause 8, be reasonably determined in the sole discretion of the School by
reference to:
(a) the Contractor’s Tender Offer as accepted in the Letter of Acceptance, including in
particular the Contractor’s Resource plan, and the Tender Price in the Quote
Submission Summary Form (Appendix 1); and the variations to the scope of the
relevant Services, provided always that fair allowance be made for any difference in
the conditions under which the varied Services will be performed.
8. Payment for Services
8.1. The Contractor shall be paid by the School within thirty (30) days from the date of the invoice by Interbank GIRO or such other mode of payment as the School and the Contractor may agree.
The Contractor shall provide the School with the relevant bank account details for the purpose of such Interbank GIRO payment within thirty (30) days after the date of the Letter of Acceptance.
8.2. No payment made pursuant to Clause 8.1 shall be considered as evidence of the quality of the Services to which such payment relates, or a waiver of any default on the part of the Contractor in the performance of its obligations, nor shall it relieve the Contractor from its other obligations under the Contract.
8.3. The School shall not be required to pay for expenses or costs of whatever nature other than those expressly set out in the Contract or otherwise expressly agreed to in writing by the School.
8.4. The Contract Price is exclusive of any GST chargeable on the supply of goods and services to the School by the Contractor under the Contract. If the Contractor is a taxable person under
the GST Act, the School shall reimburse the Contractor for any such GST charged on the supply by the Contractor of goods and services under the Contract.
8.5. Any invoice or other request for payment of monies due to the Contractor under the Contract shall, if he is a taxable person for the purposes of the GST Act, be in the same form and contain the same information as if it were a tax invoice for the purposes of the regulations made under the GST Act.
8.6. The payments made under this Clause 8, as well as any other payment made pursuant to the Contract, shall not prejudice the School’s right to reject deficient Services or the Contractor’s obligation to re-perform any deficient Services in accordance with Clause 5.
8.7. Without prejudice to any other rights available to the School under the Contract, any monies owed by the Contractor to the School under the Contract may be deducted by the School from any monies payable by the School to the Contractor pursuant to the Contract.
9. Rights of Third Parties 9.1. A person who is not a party to this Contract shall have no rights under the Contracts (Rights
of Third Parties) Act (Cap. 53B) to enforce any of its terms. 10. Gifts, Inducements or Rewards
10.1. The School shall be entitled to immediately terminate or rescind the Contract and recover from the Contractor the amount of any loss resulting from such termination or rescission if:
10.1.1. any Contractor Representative has offered or given or agreed to give to any person
any gift or consideration of any kind as an inducement or reward for: 10.1.2. doing or forbearing to do or for having done or forborne to do any act in relation to
the obtaining or performance of the Contract; or 10.1.3. showing favor to any person in relation to any contract with the School.
10.2. “Contractor Representative” means any of the following: (a) the Contractor; (b) any person employed by the Contractor; or (c) any person acting on behalf of the Contractor (whether with or without the
knowledge of the Contractor).
11. Delay in Performance 11.1. If the Contractor fails to complete the performance of any of the Services as specified
in the Contract or fails to deliver in any manner or meet any obligation as required under the Contract, the School shall have the right (in addition to and without prejudice to all other rights or remedies available, including the right to terminate the Contract pursuant to Clause 28) to cancel all or any such Services from the Contract without compensation and obtain them (the “Replacement Services”) from other sources, and all increased costs thereby
incurred shall be borne by the Contractor, provided that the quantity of the Replacement Services so obtained shall not exceed the quantity stated in the Contract, and are obtained by no later than three (3) months before the Contract expires.
12. Sub-Contract, Transfer and Assignment 12.1. The Contractor shall not, without the prior written consent of the School, subcontract
its obligations, or transfer or assign the benefit of the whole or any part of the Contract.
12.2. The Contractor shall be responsible for the acts, defaults, negligence and omissions
of any Subcontractor, their agents, servants or workmen. 13. Applicable Law
13.1. The Contract shall be deemed to be made in Singapore and shall be governed by and
construed in accordance with the laws of the Republic of Singapore.
14. Force Majeure 14.1. Neither Party shall be liable for any failure to perform its obligations under the
Contract if the failure results from events which are beyond its reasonable control (“Force Majeure Event”) provided always that whenever possible the affected Party will resume that obligation as soon as the factor or event occasioning the failure ceases or abates. For purposes of the Contract, “Force Majeure Event” shall include acts of God, acts of civil or military School, civil disturbance, wars, strikes, fires and other catastrophes.
14.2. If the effect of any Force Majeure Event continues for a period exceeding ninety (90) days, the School may at any time thereafter give notice to the Contractor to terminate the
Contract with immediate effect without being liable to the Contractor in damages or compensation.
14.3. If a Force Majeure Event occurs, the Contractor or the School (as the case may be) shall for the duration of such Force Majeure Event be relieved of any obligation under the Contract as is affected by the Force Majeure Event except that the provisions of the Contract shall remain in force with regard to all other obligations under the Contract which are not affected by the Force Majeure Event.
14.4. Failure of the Contractor’s Subcontractors or suppliers to perform their obligations shall not be regarded as events beyond the control of the Contractor.
15. Variation of Contract 15.1. No variation of the Contract shall be of any force unless agreed upon in writing and
signed by the authorised signatories of both Parties.
16. Waiver 16.1. In no event shall any delay, failure or omission on the part of either of the Parties in
enforcing any right, power, privilege, claim or remedy (“Remedy”), which is conferred under the Contract or at law or in equity, or arises from any breach by the other Party, (a) be deemed to be or be construed as a waiver or variation thereof, or of any other such Remedy, in respect of the particular circumstances in question, or (b) operate so as to bar the enforcement or exercise thereof, or of any other such Remedy in any other instances at any time or times thereafter.
16.2. No waiver of any breach of the Contract shall be deemed to be a waiver of any other or of any subsequent breach.
16.3. Any waiver granted under the Contract must be in writing and may be given subject to conditions. Such waiver under the Contract shall be effective only in the instance and for the purpose for which it is given.
17. Set-off
17.1. Whenever under the Contract any sum of money (including any other damages) shall be recoverable from or payable by the Contractor, the same may be deducted from any sum then due or which at any time thereafter may become due to the Contractor under the Contract or any other agreement with the School.
18. Entire and Whole Agreement 18.1. The Contract contains the entire and whole agreement between the Parties relating
to the subject matter of the Contract.
19. Severability 19.1. In the event any provision in the Contract is determined to be illegal, invalid or
unenforceable, in whole or in part, such provision or part of it shall, to the extent it is illegal, invalid or unenforceable, be deemed not to form part of the Contract and the legality, validity and enforceability of the remainder of the Contract shall not be affected.
20. Taxes, Fees and Duties
20.1. The Contractor shall be responsible for all corporate and personal income taxes, customs fees, duties, fines, levies, assessments and other taxes payable under the laws of Singapore, by the Contractor or its employees in carrying out its obligations under the Contract.
20.2. If the School receives a request from the tax authorities or otherwise decides to pay on behalf of the Contractor or the Contractor's employees, or to withhold payments from the Contractor in order that the School may subsequently so pay, any of the abovementioned taxes, fees, duties, fines, levies and assessments (“Taxes”), the Contractor hereby agrees that the School may deduct such Taxes from payment due to the Contractor and forward the balance to the Contractor without any obligation to gross up such payment or pay the Contractor any amount so withheld.
20.3. For the avoidance of doubt, in the event that withholding taxes are imposed by the tax authorities on any payments due under the Contract, the Contractor shall bear all such withholding taxes and the School may deduct such taxes from payment due to the Contractor and forward the balance to the Contractor without any obligation to gross up such payment or pay the Contractor any amount so withheld.
21. Compliance with Law
21.1. The Contractor shall, at its own costs, obtain and maintain all licenses, permits, certifications and regulatory authorisations without any restriction of qualification whatsoever so as to enable the Contractor to fulfill all its obligations under the Contract.
21.2. The Contractor shall, in performing its obligations under the Contract, comply with all applicable laws and shall keep the School indemnified against all penalties and liabilities of every kind for the breach of any such laws.
22. Mediation Clause 22.1. Notwithstanding anything in this Contract, in the event of any dispute, controversy or
claim arising out of or relating to this Contract, no Party shall proceed to any form of dispute resolution UNLESS the Parties have made reasonable efforts to resolve the same through
mediation in accordance with the mediation rules of the Singapore Mediation Centre.
22.2. A Party who receives a notice for mediation from the other Party shall consent and participate in the mediation process in accordance with Clause 22.1.
22.3. Failure to comply with Clause 23.1 or 23.2 shall be deemed to be a breach of Contract.
23. Correspondence
23.1. Except as otherwise provided in these Conditions Of Contract, all notices, demands or other communications required or permitted to be given under this Contract shall be given in writing and shall be deemed to have been given if delivered or sent by personal delivery to the designated representative of each of the Parties, or by electronic mail, telefax or registered post addressed to the Party at such address as the party in question shall from time to time designate by written notice and until such notice shall be given, the addresses of the Parties shall be those which follow:
School: The Principal
38 Malcolm Road
Singapore 308274
Contractor: The address as stated in the Quote Submission Summary
Form (Appendix 1) submitted as part of the Contractor’s
Tender Offer
23.2. In proving service, it shall be sufficient to prove that personal delivery was made, or that such notice, demand or other communication was properly addressed, stamped or posted, or in the case of a facsimile message that the sender receives confirmation that the notice, demand or other communication has been transmitted satisfactorily.
23.3. Any notice, demand or other communication made by electronic mail or other electronic means and shall be deemed to have been duly given or made when it is sent to the Contractor’s electronic mail address set out in the Tender Offer.
24. Language
24.1. All data, documents, descriptions, diagrams, books, catalogues, instructions, and correspondence shall be written in readily comprehensible English language.
24.2. The personnel of the Contractor and any Subcontractor shall be proficient in both written and spoken English for the purpose of performing the Contractor’s obligations under the Contract.
25. No Employment of Illegal Immigrants
25.1. The Contractor shall ensure that no person is employed by it or its Subcontractors in the execution of the Contract in contravention of the provisions of the Immigration Act (Cap. 133) or the Employment of Foreign Manpower Act (Cap. 91A). The School shall not be responsible for any such employment by the Contractor or its Subcontractors and the Contractor shall indemnify the School for all consequences arising therefrom, including all costs, expenses, claims and proceedings arising from or caused by the Contractor’s or its Subcontractor’s employment thereof. If any such person is found to be so employed, the School shall, notwithstanding the provisions of this Contract, be entitled to withhold any payment due to the Contractor until termination of the illegal employment and the School shall not be liable for any loss or damage suffered by the Contractor as a result of any payment being so withheld.
25.2. The Contractor shall comply with all other in-house rules and regulations issued by the School pertaining to the employment of foreign workers.
26. Termination of Contract and Cancellation of Purchase Orders
26.1. The School may terminate this Contract forthwith, by written notice, if the Contractor: (a) wholly or partially suspends the Services on its own accord; (b) having attained a Service Failure for three (3) consecutive months, and having
received a written warning from the School, fails to improve its performance (such improvement to be decided in the School’s sole discretion) within two (2) months from the date of receipt of such written warning. The Service Failure will be determined based on the number of demerit points accumulated from the Monthly Security Assessment Audit conducted by the Facilities or the Authorised Representative. The Monthly Security Assessment Audit shall be based on the Monthly Performance Evaluation Matrix (Annex CC1);
(c) fails to remedy a breach of the Contract within fourteen (14) days from a written
notice from the School to do so;
(d) commits a breach of the Contract that is not capable of being remedied within a
reasonable time;
(e) assigns this Contract either wholly or in part without the prior written approval of the
School;
(f) has persistently refused or failed to comply with the written instructions from the
Facilities Manager or an Authorized Representative which they are empowered to give
under the Contract;
(g) has offered, given or agreed to give any person any gift or consideration of any kind as
an inducement or reward for any act or omission in relation to the obtaining or
execution of the Contract with the School;
(h) has shown or forborne to show favour to any person in relation to any Contract with
the School; (i) becomes insolvent;
(j) being a company, is subject to any petition for winding up or judicial management
(except for the purpose of reconstruction or amalgamation) or has committed an act of
bankruptcy or insolvency, has entered into any arrangement or composition with its
creditors, has a receiver or judicial manager appointed over any of its assets, or suffers
any distress or execution to be levied on its property;
(k) being a partnership, is dissolved or has a bankruptcy order made against it; (l) being an individual, becomes bankrupt or dies; (m) has legal proceedings alleging insolvency brought against it; (n) fails to submit the Security Deposit in accordance with the Conditions of Contract;
(o) fails to effect and maintain the required insurances under this Contract; or
(p) is debarred from participating in public sector tenders.
26.2. If the Contract is terminated, the following shall apply:
(a) termination shall be without prejudice to any rights and obligations of either Party
which has accrued prior to such termination and any obligation which expressly or by
implication is intended to come into or continue in force on or after such
termination;
(b) the Contractor shall forthwith refund to the School all amounts paid to the
Contractor under the Contract, less the price of the Services which have been
accepted by the School as at the date of termination;
(c) the Contractor shall immediately deliver property belonging to or provided by the
School pursuant to the Contract and all deliverables prepared by the Contractor for
the Contract (including works-in-progress if so requested by the School). Works-in-
progress shall be paid on a pro-rated basis at the School’s sole discretion; and
(d) the School shall, at its sole discretion, have the right to engage another person to
provide the remaining Services to be provided under the Contract, and any additional
costs and expenses incurred shall be paid by the Contractor, and the Contractor shall
give reasonable assistance to the incoming contractors.
26.3. The School shall have the right to terminate the Contract for convenience by giving
two (2) month’s notice in writing to the Contractor and the Contractor shall have no claim for any damages or compensation.
26.4. The School may at any time cancel any Purchase Order previously issued to the Contractor by giving the Contractor one (1) month’s notice in writing and the Contractor shall have no claim for any damages or compensation.
26.5. Nothing in this Clause 26 shall be deemed to prejudice any other rights or remedies available to the School against the Contractor for any breach of the Contractor’s obligations whether under the Contract or at law or in equity.
27. Surviving Provisions 27.1. Any provision of the Contract that expressly or by implication is intended to come into or
continue in force on or after termination or expiry of the Contract, including Clauses 9 (Rights of
Third Parties), 10 (Gifts, Inducements and Rewards), 15 (Variation), 16 (Waiver), 17 (Set-off), 18 (Entire and Whole Agreement), 19 (Severability), 22 (Mediation Clause), 23 (Correspondence), 26 (Termination), 27 (Surviving Provisions), 28 (Order of Precedence), 29 (Confidentiality and Security), 30 (Data Protection and Security) and 31 (Losses) shall survive the termination or expiry of the Contract.
28. Order of Precedence
28.1. In the event and to the extent only of any conflict between any provisions of the Contract, the conflict shall be resolved, subject to Clause 28.2, in accordance with the following order of precedence:
(a) these Conditions of Contract (as amplified or modified by any correspondence
exchanged between the School and the Contractor which has been agreed to by the
School in writing as amplifying or modifying these Conditions of Contract); (b) the Requirement Specifications; (c) the Letter of Acceptance; (d) the Purchase Orders, if any; (e) any formal agreement executed between the Parties;
(f) the Contractor’s Tender Offer (as amplified or modified by any correspondence
exchanged between the School and the Contractor which has been agreed to by the
School in writing as amplifying or modifying the Contractor’s Tender Offer).
28.2. Where the Contractor’s Tender Offer (as amplified or modified by any correspondence exchanged between the School and the Contractor which has been agreed to by the School in writing as amplifying or modifying the Contractor’s Tender Offer) contains provisions which are more favorable to the School in relation to the rest of the Contract, such provisions of the Contractor’s Tender Offer shall prevail. The School shall in its absolute and sole discretion determine whether any provision is more favorable to it in relation to the Contract.
28.3. For the avoidance of doubt, this Clause shall form an integral part of the Conditions
of Contract referred to in Clause 28.1(a).
29. Confidentiality and Security 29.1. Except with the written consent of the School, the Contractor shall:
(a) treat as strictly confidential and not disclose any Confidential Information to any
person other than employees, servants and agents of the Contractor or its
Subcontractors on a need-to-know basis for the purposes of performing the
Contractor’s obligations under the Contract; and
(b) only use the Confidential Information for the sole purpose of performing the
Contractor’s obligations under the Contract and shall not use it for any other
purpose.
29.2. The Contractor shall take all reasonable precautions in dealing with Confidential
Information so as to prevent any unauthorised person from having such access to such Confidential Information. The Contractor shall procure that all its employees, servants and agents and those of its Subcontractors and agents to whom Confidential Information is to be made available observe the obligations contained in this Clause 29.
29.3. The Contractor shall not publish or release, nor shall it allow or suffer the publication or release of, any news item, article, publication, advertisement, prepared speech or any other information or material pertaining to any part of the obligations to be performed under the Contract in any media without the prior written consent of the School.
29.4. For the purposes of this Clause 29, “Confidential Information” means any information received or obtained as a result of entering into the Contract (or any agreement entered into pursuant to the Contract), including: (a) information which relates to the School;
(b) information which relates to the existence and the provisions of the Contract or any
Purchase Order, or of any agreement entered into pursuant to the Contract; or
(c) any analyses, compilations, notes, studies, memoranda or other documents derived
from, containing or reflecting such information, but does not include information that is:
(a) or has become public knowledge otherwise than through breach of agreement or
other legal obligation or through the default or negligence of the Contractor, his
employees, servants, agents or Subcontractors;
(b) lawfully in the possession of the Contractor or already known to the Contractor on a
non-confidential basis prior to the Contractor receiving or obtaining such information
as a result of entering into the Contract, as evidenced by written records; or (c) independently developed by the Contractor.
29.5. The Contractor shall not be liable for disclosure of Confidential Information in the event and to the extent any Confidential Information is required to be disclosed by the
Contractor pursuant to any applicable law, regulations or directives of any relevant government, statutory or regulatory body (including stock exchange) or pursuant to any legal process issued by any court or tribunal of competent jurisdiction, provided the Contractor shall, to the extent practicably possible and permissible by law or regulations, give the School prompt and prior notice of any such requirement and shall cooperate with the School to limit the scope of such disclosure to the maximum extent legally possible.
29.6. Following the termination or expiry of the Contract, the Contractor shall, when directed to do so by the School in writing:
(a) return all Confidential Information received from the School for the purpose of the
Contract and all documents and copies thereof produced in the course of performing
its obligations under the Contract;
(b) securely destroy and erase all softcopies of Confidential Information that exist in hard
disk, removable storage media and other storage media or facility whatsoever; and
(c) upon completion of the obligations under Clauses 29.6 and (a), the Contractor shall
provide a written confirmation that it has complied with Clauses 29.6 and (a).
29.7. The Contractor shall immediately notify the School where the Contractor becomes aware of any breach of this Clause 29 by its employees, servants, agents and Subcontractors and cooperate with the School to limit the extent and impact of such breach.
29.8. This Clause 29 shall survive the termination or expiry of the Contract.
30. Data Protection and Security 30.1. Data Protection
30.1.1. The Contractor shall not, and shall ensure that all of its directors, officers, employees, servants, agents and Subcontractors do not, access, monitor, use or process personal data obtained or held in connection with the Contract, except as reasonably necessary to perform its obligations under the Contract.
30.1.2. The Contractor shall not, and shall ensure that all of its directors, officers, employees,
servants, agents and Subcontractors shall not, disclose any personal data obtained or held in connection with the Contract without the prior consent of the School. Any request for the School’s consent under this Clause 30 must include an explanation of
why the proposed disclosure is necessary for the purposes of fulfilling the Contractor’s obligations under the Contract.
30.1.3. The Contractor shall not cause or permit personal data obtained or held in connection with the Contract to be processed, stored, accessed or otherwise transferred outside Singapore, or allow parties outside Singapore to have access to it, unless with the prior written consent of the School and subject to such conditions as the School may impose. Any request for the School’s consent under this Clause 30 shall include an explanation of why the proposed transfer is necessary for the purposes of fulfilling the Contractor’s obligations under the Contract. If consent is granted, the Contractor shall provide a written undertaking that the personal data which is transferred outside Singapore will be protected to a comparable standard as it is protected under the Personal Data Protection Act 2012.
30.1.4. The Contractor shall immediately notify the School when it becomes aware of a breach of Clauses 30.1.1 to 30.1.3 by itself or any Subcontractor.
30.1.5. The Contractor shall immediately notify the School as soon as it becomes aware that a disclosure of personal data may be required by law and cooperate at its own costs with the School’s reasonable requests and directions.
30.1.6. When informed in writing by the School to do so, the Contractor shall ensure that all
personal data obtained or held in connection with the Contract and any copies thereof, regardless of the medium of storage, and which is no longer necessary for the purposes of its performance of the Contract, is securely destroyed. Any personal data that is retained by the Contractor after such personal data is no longer necessary for the purposes of its performance of the Contract, or without the written authorisation of the School, is a breach of the Contract. The Contractor shall provide a written confirmation,
within the time specified by the School, that it is no longer in possession of any personal data obtained or held in connection with the Contract or copies thereof, regardless of the medium of storage.
30.2. Security
30.2.1. The Contractor shall take all reasonable measures to ensure that personal data held
in connection with the Contract is protected against loss or damage (whether accidental or otherwise), and against unauthorised access, use, modification, disclosure or other misuse, and that only authorised personnel shall have access to the data.
30.2.2. The Contractor shall, in respect of any personal data held by it in connection with the
Contract, comply with any reasonable requests, directions or guidelines of the School relating to the handling of personal data.
30.2.3. The Contractor shall immediately notify the School when it becomes aware of a breach of Clause 30.2.1 by itself or any Subcontractor.
30.3. Definitions
30.3.1. For the purposes of this Clause 30, the words “personal data” shall have the same meaning in the Contract as its definition in the Personal Data Protection Act 2012 (No. 26 of 2012).
30.4. Survival 30.4.1. This Clause 30 shall survive the termination or expiry of the Contract.
31. Losses 31.1. The Contractor shall indemnify and keep indemnified the School against any and all
Losses sustained, incurred, paid by or suffered by the School arising out of or in connection with any act or omission on the part of the Contractor, Subcontractor or any of their directors, officers, personnel, employees, servants or agents (the “Contractor Parties”) unless the Contractor can show that:
(a) it is not due to the Contractor’s breach, failure or delay in the performance of the
Contract; and
(b) it is not due to the negligent, unlawful or wrongful action or omission, fraud, bad faith,
wilful misconduct or breach of any duty of any of the Contractor Parties.
31.2. If any claim is commenced against the School that may give rise to a claim against the Contractor under Clause 31.1, notice thereof shall be given to the Contractor as soon as practicable.
31.3. Upon receipt of such notice, if required by the School, the Contractor shall immediately take control of the defence and investigation of such claim and shall employ and engage attorneys reasonably acceptable to the School to handle and defend the same, at the Contractor’s sole cost and expense
31.4. In the event the Contractor takes control of the defence and investigation of the claim, the School shall co-operate, at the cost of the Contractor, in all reasonable respects with the Contractor and its attorneys in the investigation, trial and defence of such claim and any appeal arising therefrom; provided, however, that this will not limit the School’s right to participate, at the Contractor’s cost and expense, through their attorneys or otherwise, in such investigation, trial and defence of such claim and any appeal arising therefrom. No settlement of a claim that involves a remedy other than the payment of money by the Contractor shall be entered into without the consent of the School.
31.5. Notwithstanding anything to the contrary in the Contract, the School shall, at all times, have the right to defend the claim in such manner as it may deem appropriate, at the sole cost and expense of the Contractor. If required by the School, the Contractor shall immediately relinquish control of the defence and investigation of such claim.
31.6. This Clause 31 shall survive the termination or expiry of the Contract.
ANNEX CC1 Monthly Performance Evaluation Matrix The Contractor’s performance shall be measured through the matrix table as shown below. The acceptable service level is indicated for different security outcomes.
The Facilities Manager or Authorised Representative of the School shall conduct a Monthly Security Performance Evaluation Audit, which shall be based on the Monthly Performance Evaluation Matrix.
s/n Service performance Acceptable failures per month Demerit points for exceeding
acceptable failures
a Unregistered visitors in the school Four(4) or Less than 4 occurrences 5 demerit points any one incident above 2 occurrences
b
Non-compliance to requirements reported on Security Personnel’s code of conduct and image, equipment
Three (3) or less than 3 occurences 2 demerit points any one incident above 3 occurrences
c Failure to submit reports on timely basis and/or inaccurate, improper or incomplete keeping of records
Two (2) or Less than 2 occurrences 2 demerit points any one incident above 2 occurrences
d
Failure to perform timely in accordance with SOP leading to security of safety lapse ( fire alarm SOP, intrusion prevention - patrols,)
Two (2) or less than 2 occurrences resulting in injury to one or more persons or loss or damage to property Two (2) or less than 2 occurrences for responding to activated fire alarms within SCDF timeline which if failed, will result in fire truck being dispatched to SJI. Two (2) or less than 2 occurrences for not doing patrols
5 demerit points any one incident above 2 occurrences.
e Failure to maintain adequate security presence
No more than 4 manpower absent per month For eg, 1 absent from day shift and 1 absent from night shift will be considered as 2 manpower.
10 demerit points any manpower absent above 4.
(1) Any of the above events (above “Acceptable failures per month”) occurs in any given month, will
constitute a service failure.
(2) For each Service Failure, the Contractor shall write to the Principal explaining any extenuating circumstance; if any, that could have led to this poor service levels and the action plans for improvements.
(3) The school reserves their right to invoke Clause 26.1(b) under the Conditions of Contract if there are consistent service failures monthly.
Monthly Security Performance Evaluation Audit Form
Security performance Audit for the [insert Month and Year]
Contractor: __________________________________________________
1. Incidents of unauthorised access
Performance Indicator Number of incidents in the month
Details of records
Number of Incidents of unauthorized access.
2. Overall customer satisfaction
Number of Non-
Compliance to requirements
received in the month
Details of records
Non-Compliance on Security Personnel’s code of conduct
Non-Compliance on Security Personnel’s image
Non-Compliance on equipment for Security Personnel
TOTAL
3. Incidents of improper/incomplete records
Number of missing/
incomplete
records and reports
Details of records
Missing/ incomplete visitor records
and incident reports
SJI Security Guard Service contract - ITT 27 of 28 pages
4. Incident resulting in injury to one or more persons or loss or damage to property due to the Contractor’s lapse in performance of any Service or failure to comply with the Agreed SOP
Nature of Service lapse or failure to comply with the
Agreed SOP
Details of incident
records
Incident that resulted in injury to one or more persons or loss or damage to property
Incident for not responding to
activated fire alarms within SCDF timeline
Incident for not doing patrols
5. Attendance of Security Personnel
(Number of days with deployment
shortfalls)
Details of records
Attendance of Security
Personnel
SJI Security Guard Service contract - ITT 28 of 28 pages
APPENDIX 1
SJI INVITATION TO TENDER FOR SECURITY GUARD SERVICES 2021 TO 2023
QUOTE SUBMISSION SUMMARY FORM
COMPANY SUBMITTING QUOTE
CONTACT DETAILS (NAME, DESIGNATION, CONTACT ADDRESS, CONTACT TELEPHONE NUMBER)
PROJECT REFERENCES (for last 5yrs) Please attach separately
MONTHLY QUOTE SUM INCL GST
For SJI Malcolm Road –
COST OF SUPPLYING ADDITIONAL SECURITY GUARDS
Rate of provision of additional security guard on a daily and/or monthly basis, if required by SJI.
1. PER DAY 2. PER MONTH
ATTACHMENTS 1. COMPANY REGISTRATION 2. COMPANY PROFILE 3. SECURITY LICENCE and Grade
