differences between PWD and PAM tender documents.docx

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  • 7/27/2019 differences between PWD and PAM tender documents.docx

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    SOME of the differences between PWD and PAM tender documents :

    Generally

    PWD - used in all government projects. can be modified for use in private

    projects. If modified to be used in private projects, then you will be asking

    the question that you pose to me in this forum.

    PAM - only used in private projects

    Performance Bond & Retention Money

    [ Bon Perlaksanaan dan Wang Jaminan Perlaksanaan ]

    PWD - requires either Performance Bond OR Performance Guarantee Sum

    (Retention Money) Clause 13 [ JKR 203A v2007 ]

    PAM - requires both Performance Bond [ Clause 37 ] AND Retention Money [

    Clause 30.5 ].

    Insurance

    PAM - got clauses built in giving choices - either Employer or Contractor can

    buy the insurance for the works [ Clauses 20A, 20B, 20C ]

    PWD - contractor is always the one buying the insurance [ Clauses14,15,16 ]

    Consultants

    PAM - got clauses to define roles / responsibilities of the consultants [

    Articles 3,4,5,6 ]

    PWD - only identified as 'S.O.'s Representatives' which have to be separately

    appointed with a letter by the S.O. [ Clause 3 ]

    Architect / S.O. [ Arkitek / Pegawai Penguasa ]

    PAM - the Architect is in charge and this term / designation is to be used inSpecifications, Bill of Quantities and other parts of the document.

    PWD - "S.O." is in charge and normally this person is a government Officer

    who works in the Employer / Client's office. The Architect would normally be

    appointed as one of the S.O.'s Representatives. The architect can also

    assume the role of "S.O.", ie the architect is defined as the SO in the

    conditions.

    Sounds trivial and small matter but if you have a PAM tender document using

    words like S.O. in the Preliminaries or Specifications, what you have is

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    discrepancies because the word S.O. is not defined anywhere. Neither is the

    word 'Architect' defined anywhere in the PWD form of contract.

    Government / Employer

    In PWD contracts, the client is called the Government.

    In PAM contracts, the client is called the Employer.

    Sounds like simple but if you have a PAM tender document using words like

    Government, what you have is discrepancies. The word 'Government' is not

    defined and irrelevant in PAM documents in terms of contract administration.

    Tendering Procedure [ Tatacara Tender ]

    PWD - qualification to tender strictly based on valid PKK AND CIDB

    licensing. If tenderer breaks the tendering conditions, his license(s) can be

    suspended / blacklisted by the government. This is spelt out in PWD Form

    of Tender / Conditions of Tendering and only applies to tendering for

    government projects.

    PAM - not for government projects - only used in private projects.

    qualification to tender can be based on CIDB OR PKK licensing or other

    criterias. No standard Form of Tender / conditions of tendering. PAM

    tender documents require tenderers to submit Earnest Money when they

    submit their Tender. This is described / detailed in the Instructions to the

    Tenderers. In government projects, PWD tender documents do not impose

    requirement for Earnest Money with their Tender unless modified for use in

    Private tenders. When tenderers break tendering conditions in PWD or

    government tenders, they suspend or blacklist the PKK registration of the

    tenderer - he wont be able to participate in any government tenders for the

    suspended period.