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Gp5: Q1 to Q4
Gp4: Q5 to Q8
Gp3: Q9 to Q12
Gp2: Q13 to Q16
Gp1: Q17 to Q20

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Contract Overview / User Guide / Requirement Specifications

1) What is the contract period of Master Contract? Which clause in Master COC provides for this?

_____

2) Which section contains the details of Contact Persons for the awarded Contractors?

_____

3) Is it appropriate for GPEs to procure the items from the DA contracts manually, i.e. without using GeBIZ?

_____

4) Based on the standard requirement of this Contract (e.g. Clause 4.5.28 of Requirement Specs), is it appropriate for GPEs to procure tentage services solely, i.e. without any event management service?

_____

5) Is it appropriate for the Contractor to change the prices of services as covered by the Master Contract rates?

_____

6)  If there are more than 5 complaints in a month, what should the Authority do?

_____

7) What is the amount of Event Management Fee imposed by Supplier C for “Event cost up to S$60,000”?

_____

8) If GPE would like to procure the management service for a physical event, what is the minimum year(s) of experience that the Contractor needs to provide for its Project Executive?

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Pg21 s1.1
Effective for 2 years from 10 December 2022 to 9 December 2024, with an option to extend up to 2 years

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Q13. How are the time and contract period for the PO determined?

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Q13. How are the time and contract period for the PO determined?

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See page 85 of 110. Clause 4.1

All obligations arising from a Purchase Order shall commence on the date of issue of the Purchase Order by the Customer and shall not expire until the Goods and/or Services ordered have been delivered and/or completed.

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https://padlet.com/erwinchen/167pv_icm_info

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Master Conditions of Contract (COC)

9) Is there any minimum value that the Government is obliged to order for the contracted services?

_____

10) What is the legal status of a Purchase Order raised under the Master Contract?

_____

11) Which are the clauses governing the terms & conditions (T&C) of the following:

a)     Master Contract

b)    POs issued under the Master Contract

_____

12) Which clause(s) establishing the Period Contract (PC) and Framework Agreement (FA) arrangements?

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Group discussion

= Refer to File A4 - Sample ITT
= Provide your answers for the assigned questions in the LA.

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Terms and Conditions Governing Purchase Orders (POs)

13)  How are the time and contract period for the PO determined?

_____

14)  Is it appropriate for the Contractor, as part of its marketing campaign, to publicize an upcoming event of GPE?

_____

15)   Clause 6.1 states that “Time shall be of the essence of the Purchase Order Contract as regards any dates, times and periods mentioned.”. What purpose does this serve?

_____

16)   How soon should the GPE pay the Contractor for the services rendered?

_____

17)   What would be the right sequencing for GPE to undertake to resolve the disputes with Contractor?

_____

18)   Under what situation could the GPE terminate the PO?

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PART 2 – Liquidated Damages (LD)

An example of Liquidated Damages is provided below for illustration (Clause 13 as extracted from the PO Contract COC under a WOG ICT ITT - GVT(T)22006)

13.       DELAY IN DELIVERY AND PERFORMANCE

13.1     If the Contractor fails to deliver any Products (“the Affected Products”) or complete the performance of any of the Services (“the Affected Services”) by the date(s) specified in the Purchase Order Contract, the Customer shall have the right (in addition to and without prejudice to all other rights or remedies available, including the Customer’s right to terminate the Purchase Order Contract pursuant to Clause 16.1) to do one or more of the following:

(a)     cancel all or any such Affected Products or Affected Services from the Purchase Order Contract without compensation and obtain them (the “Replacement Products and Services”) from other sources and all increased costs (including administrative costs) thereby incurred shall be borne by the Contractor provided that the quantity of the Replacement Products and Services so obtained shall not exceed the quantity stated in the Purchase Order Contract; or

(b)    require the Contractor to pay as liquidated damages, a sum calculated at the rate of”

(i)      (in respect of Products) one tenth of a percent (0.1%) of the Lease Price (full tenure period), or Purchase Price of the Affected Products per day (including Sundays and public holidays), for each day of delay or part thereof until the earlier of:

(A)    the date the Affected Products are delivered or cancelled pursuant to Clause 13.1(a); or

(B)    the date the Purchase Order Contract is terminated, up to a maximum of ten percent (10%) of the Purchase Price, or Lease Price for such Affected Products; and

(ii)     (in respect of Services) one tenth of a percent (0.1%) of the Purchase Price of the Affected Service per day (including Sundays and public holidays), for each day of delay or part thereof until the earlier of:

(A)    the date the Affected Services are performed or cancelled pursuant to Clause 13.1(a); or

(B)    the date the Purchase Order Contract is terminated,

up to a maximum of ten percent (10%) of Purchase Price for such Affected Service.

13.2     Any incomplete delivery and installation of the Products by the Contractor shall also be regarded as non-delivery of the Products resulting in delay.

13.3     The Customer shall have the right, at its sole discretion, to elect to claim general damages in common law from the Contractor instead of imposing liquidated damages under this Clause 13.

_____

19)          What are the factors to consider when GPE needs to impose LD?

_____

20)          What are other alternatives to LD the GPE can consider?

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LA - Pdf version (if you cannot open the Word file - please key-in your inputs as Padlet posting)

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LA - Pdf version (if you cannot open the Word file - please key-in your inputs as Padlet posting)

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Please upload your group answers, either Word file or a screen capture, or create new post(s) in Padlet (under the respective column)

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Please upload your group answers, either Word file or a screen capture, or create new post(s) in Padlet (under the respective column)

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You can click the "+" icon, under the respective column, to create the post and key in the info. Remember to click "Publish" to save and publish openly.

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You can click the "+" icon, under the respective column, to create the post and key in the info. Remember to click "Publish" to save and publish openly.

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https://padlet.com/erwinchen/167pv_icm_tnc

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The details of Contact Persons for the awarded
Contractors is under Clase 11, page 58

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Q3 : No. DA must be through GEBIZ. Page 5/110

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Not Possible, as the Contractor is required to provide event management services as stipulated under Section 4.1, page 33/110.

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Clause 20.1

Pg 76
Notwithstanding anything in the Master Contract, in the event of any dispute, claim,

question or disagreement arising out of or relating to the Master Contract (a “Dispute”)

and subject to Clause 20.3, 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 procedure of the Singapore Mediation

Centre. The Parties shall be deemed to have made reasonable efforts in accordance with

this Clause 20.1 if they have gone through at least one mediation session at the

Singapore Mediation Centre.

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Under User Guide of EMS, clause 3.1 (“Master Contract Rates”) - contractor can only lower price on basis of remaining price competitive, subject to GPE acceptance

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Clause 14.2 (A4 – Page 72)

If the effect of any Force Majeure Event continues for a period exceeding two (2)

months, the Authority may at any time thereafter give notice to the Contractor to

terminate the Master Contract with immediate effect without being liable to the

Contractor in damages or compensation.

Clause 15. TERMINATION (A4 – Page 73-74)

15.1 If the Contractor is in breach of any of its obligations under the Master Contract and:

(a) the Contractor fails to remedy the breach within fourteen (14) days from written

notice from the Authority to do so; or

(b) the breach is not capable of being remedied within a reasonable time,

the Authority shall have the right (in addition to and without prejudice to all other rights

or remedies available, including the right to claim damages) to terminate the Master

Contract with immediate effect by written notice.

15.2 If any of the following events occur, the Authority shall be entitled to terminate the

Master Contract with immediate effect by written notice to the Contractor, and the

Contractor shall have no claim for any damages or compensation:

(a) the Contractor becomes insolvent;

(b) where the Contractor is a company, a receiver or liquidator is appointed over

any undertaking or property of the Contractor or an order is made or a resolution

is passed for winding-up or dissolution without winding-up (other than for the

purpose of amalgamation or reconstruction) of the Contractor;

(c) where the Contractor is a partnership, the Contractor is dissolved or has a

bankruptcy order made against it;

(d) where the Contractor is an individual, the Contractor becomes bankrupt or dies;

(e) legal proceedings alleging insolvency are brought against the Contractor;

(f) the Contractor enters into any composition or similar arrangements with its

creditors; or

(g) the Contractor is debarred from participating in public sector tenders.

15.3 Intentionally Left Blank

15.3A In addition to the rights set out in Clauses 15.1 to 15.2, if more than two (2) warning

letters are issued to the Contractor pursuant to Clause 12 (Performance Assessment) of

the Requirement Specifications, the Authority shall at any time thereafter have the right

to terminate the Master Contract by giving thirty (30) calendar days’ prior written notice

to the Contractor, and the Contractor shall have no claim for any damages or

compensation.

15.4 For the avoidance of doubt, the termination of the Master Contract shall not affect the

validity of the Purchase Orders issued prior to such termination.

15.5 In the event the Master Contract is terminated, the following shall apply:

(a) termination shall be without prejudice to any rights and obligations of either

Party which have accrued prior to termination and any obligation which

expressly or by implication is intended to come into or continue in force on or

after such termination;

(b) no further Purchase Orders may be issued by any Customer.

15.6 For the avoidance of doubt, each Purchase Order Contract subsisting on the termination

of the Master Contract shall, unless otherwise provided in the Master Contract, continue

in effect and shall survive the termination of the Master Contract.

15.7 Nothing in this Clause 15 shall be deemed to prejudice any other rights or remedies

available to the Authority against the Contractor for any breach of the Contractor’s

obligations whether under the Master Contract or at law or in equity.

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Clause 34.3

In the event of any default or breach of any of the obligations by the Contractor under the Purchase Order Contract, the GPE needs to make sure the Contract do have clauses for Liquidated Damages then the GPE may consider the following factors for LD:

1)      notified the Contractor in writing of the default or breach and

2)      give the Contractor fourteen (14) days to rectify or remedy the default or breach

3)      if the default or breach cannot be fully rectified or remedied, to pay damages to the amount

specified in the notice, and the Contractor has failed to comply fully with the notice.

4)      Or at its sole discretion, GPE can draw on the Security Deposit to satisfy any liquidated or other damages as may become due to the Customer under the Purchase Order Contract

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Ref Page 64 of 110

No minimum value.

Ref Clause 2A “No Assurance of Orders”

2A.1 Nothing in the Master Contract shall be construed as providing or implying that:

(a) the Contractor has a right to be the sole supplier, or all the Contractors

collectively have a right to be sole suppliers, of the Goods and/or Services to the

Authority or any Customer;

(b) any Customer is under an obligation to purchase any, or any minimum quantity

or value of, Goods and/or Services from the Contractor;

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Ref to page 23 of 110

Ref Clause 5 “Execution of Framework Agreement - RFQ”

Legally binding between Customer/Agency that raised the PO and the Contractor.

Ref to page 62 of 110

(p) “Purchase Order” means an order issued by a Customer, making reference to

the Master Contract, to purchase the Goods and/or Services.

(q) “Purchase Order Contract” in respect of each Purchase Order, means the

resultant contract (which terms and conditions are contained in the documents

listed in Clause 5.3) between the Customer and the Contractor, for the provision

of the Goods and/or Services as a result of the issuance of such Purchase Order

by the Customer.

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Q6 - What the Authority can do if contract exceeds 5 complaints a month

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Q6 - What the Authority can do if contract exceeds 5 complaints a month

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Governed under section 3, clause 12.5 (“Performance Assessment”); where authority could:
- issue up to 2 warning letters,
- cease raising any more POs, or
- terminate master contract

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a) Master Contract

Ref to page 61 of 110

Section 2: Master Conditions of Contract

b) POs issued under the Master Contract

Ref to page 84 of 110

Annex A to Section 2

TERMS AND CONDITIONS GOVERNING PURCHASE ORDERS

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FAQ 14.1

GPE may also decide whether to accept the compensation / service recoveries offered by the Contractors. GPE may wish to confirm and finalised the arrangement in writing with the Contractor to prevent any possible dispute at a later stage.

As for the payment portion of the compensation, GPE will need to check back with own agency's procurement / finance colleagues for further advise on this matter.

Generally, GPE can also consider a PO variation to adjust the value / quantity downwards.

Also as the severity of every case varies, we will not be able to advice nor suggest a generic compensation amount / service recoveries.

Thus, we will leave this to the users and their agencies' procurement to determine if the Contractor's proposed service recovery is deem to reasonable and sufficient instead.

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Ref Page 22 of 110

Clause 4 “Executive of Period Contract - Printed Catalogue Buy”

Ref Page 23 of 110

Clause 5 “Execution of Framework Agreement - Request for Quotation (RFQ)”

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Annex A of User Guide for EMS: overview of event management fees (pg29)

Depending on category, Supplier C would have imposed a 4% rate for event management fees, for events costing up to $60k for cat 1 ( virtual/hybrid/physical event) , and 5% for cat 2 (high-profile event)

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Q8 - Procurement of Mgmt Svc for physical events

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Q8 - Procurement of Mgmt Svc for physical events

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(pg56) Under section 3, clause 6.2.1, a PE needs to satisfy min 2yrs of experience for a physical event

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10 Dec 2022 to 9 Dec 2024, with an option to extend for up to 2 years.

Contract Information section

Contract Overview

Pg 2 of 110

Contract Information section

Clause 1.1

Pg 21 of 110

Clause 22: Master COC

Pg 77 of 110

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Q14. Is it appropriate for the Contractor, as part of its marketing campaign, to publicize an upcoming event of GPE?

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Q14. Is it appropriate for the Contractor, as part of its marketing campaign, to publicize an upcoming event of GPE?

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Page 51 of 110. Clause 4.5.38

The Contractor may be required to submit the draft design of the publicity materials to the Customer for approval before the event. The Contractor shall apply the event branding and design to all marketing collaterals and materials where applicable

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Q15. Clause 6.1 states that “Time shall be of the essence of the Purchase Order Contract as regards any dates, times and periods mentioned.”. What purpose does this serve?

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Q15. Clause 6.1 states that “Time shall be of the essence of the Purchase Order Contract as regards any dates, times and periods mentioned.”. What purpose does this serve?

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This is to determine the performance of services, the works must be completed in the stipulated time

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Q16. How soon should the GPE pay the Contractor for the services rendered?

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Q16. How soon should the GPE pay the Contractor for the services rendered?

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Page 85 of 110. See Clause 5.3

Within 30 days upon date of invoice after the completion of works

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Annex A – List of Contractors

Pg 29 of 110

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No. Manual POs are not allowed.

FAQ 1.8

Pg 5 of 110

Clause 4.4

Pg 22 of 110

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No. It is not appropriate.

FAQ 9.2 – Contract Overview

Pg 14 of 110

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Clause 3 - User Guide

Pg 22 of 110

Reduction: Yes

Increase: No

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Clause 12.5 – Requirement Specs

Pg 59 of 110

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Annex A – List of Contractors

Category 1: 4%

Category 2: 5%

Pg 29 of 110

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6.2.1 – Requirement Specs

Pg 56 of 110

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No

Clause 2A

Pg 64 of 110

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Separate contract between the Contractor and the Customer who issued the PO

Clause 1.1(q)

Pg 62 of 110

Clause 5.1

Pg 66 of 110

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(a) Master Contract

Clause 1.1(l)

Pg 62 of 110

(b) PO Contract

Clause 5.3

Pg 66 of 110

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Clause 4.1

Pg 65 of 110

Clause 5
Pg 23

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Clause 5.2 – Master COC

Pg 66 of 110

Clause 1.3, 1.9, 1.10 – PO COC

Pg 84 of 110

Clause 4.1 – PO COC
Pg 85 of 110

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No (assuming it is intended for contractor' own corporate marketing campaign)

Clause 13.3

Pg 90 of 110

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To enable GPE the legal basis to cancel the services from the PO Contract if the Contractor is late in providing the services.

Clause 6.2

Pg 86 of 110

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Generally, within 30 days from the invoice date

Clause 5

Pg 85 of 110

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a) Ideally, GPE should have held meeting / discussion with the Contractor to resolve disputes at the working level

b) Refer dispute to senior management to resolve

c) Activate the Mediation clause:

Clause 20

Pg 76 of 110

d) Proceed with litigation

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Clause 12.7 – Requirement Specs

Pg 60 of 110

Clause 15 – Force Majeure

Pg 91 of 110

Clause 16 – Corruptions

Pg 92 of 110

Clause 19 - Termination

Pg 93 of 110

Clause 35 – Termination for Convenience

Pg 104 of 110

Etc.

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To claim for LD, GPEs should

Clearly and precisely document the performance problems

Ensure that the T&C of contract allows the imposition of LD

Assess their impact

Calculate the cost

Check with their Legal

Seek internal approval to impose the LD

E.g. by fee reduction, credit note or payment from vendor

Inform the contractor

Ensure LD is claimed

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If LD needs to be imposed → proceed with LD
vs

(1) Provision of additional goods/services at no cost to GPE

a) It should ideally be made known upfront in the T&C; and

However, if necessary, a contract variation should be made to reflect the revised LD arrangement.

b) There has to be a way to ascertain the value of the goods/services provided in lieu of the LD quantum.

The LD quantum has to commensurate with loss suffered.

This requires an additional translation of value of goods/services to LD quantum.

GPEs need to be mindful that if the vendor offers extended warranty or $xx worth of service requests, all these are contingent upon the vendor being in existence in future and being able to provide such services.

c) Key is proper documentation for accountability

(2) Waiver of LD
- To check with GPE’s own Legal if this option is feasible

⏤⏤⏤
GPEs to seek prior approval to decide on the optimal approach