TENDER DOCUMENT FOR 3-YEARS PROVISION OF …

Maritime and Port Authority of Singapore

460 Alexandra Road mTower #19-00 Singapore 119963

Tel: (65) 1800 272 7777

http://www.mpa.gov.sg

TENDER DOCUMENT

FOR

3-YEARS PROVISION OF CONTRACT IT MANPOWER SERVICES TO MARITIME AND

PORT AUTHORITY OF SINGAPORE

CONTRACT NO: INC2100316/026/2021

DATE: 21 May 2021

SUBMISSION METHOD

ELECTRONIC SUBMISSION

VIA GEBIZ

(Please refer to Clause 4 of Instructions to Tenderers (Section A) for details.)

CLOSING DATE OF TENDER

21 JUN 2021 (4.00 PM)

(SINGAPORE TIME)

PROCUREMENT & ADMIN DEPARTMENT FINANCE, PROCUREMENT & ADMIN DIVISION MARITIME AND PORT AUTHORITY OF SINGAPORE ALL RIGHTS RESERVED.

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INVITATION TO TENDER REF : INC2100316/026/2021 DATE : 21 May 2021 3-YEARS PROVISION OF CONTRACT IT MANPOWER SERVICES TO MARITIME AND PORT AUTHORITY OF SINGAPORE 1 Open Tendering Procedure is adopted for this tender which is covered under the GPA/FTA i.e. the 2012 Agreement on Government Procurement under the World Trade Organisation/Free Trade Agreement. You are invited to submit your Tender for the abovementioned item details of which are listed in the Tender Document hereof comprising:-

Section Contents Page No A Instructions to Tenderers A/1 – A/9 B Additional Instructions to Tenderers B/1 – B/3 C Conditions of Contract C/1 – C/14 D Compendium of Additional Clauses D/1 – D/6 E Requirement Specifications E/1 – E/18

F Schedule of Rates F/1 – F/2

G Evaluation Criteria G/1 – G/2

H Form of Tender H/1 – H/2 I Particulars of Tenderer J Tender Submission Checklist K Specimen

Specimen A (Direct Credit Authorisation Form) Specimen B (Corporate Confidentiality and Secrecy Undertakings) Specimen C (Individual Confidentiality and Secrecy Undertakings)

2 The Tender Document hereof is issued on the understanding that when you put in your Tender, you will keep the Tender open for acceptance during the period of validity failing which action may be taken to debar you from participating in Tenders called by government bodies or statutory boards. The original Tender Document is available on the Tender Notice of the GeBIZ Homepage at http://www.gebiz.gov.sg. You are to complete the necessary information in the Tender Document and submit the tender documents and/or proposal in GeBIZ before closing date and time as specified in Clause 4 of Instructions to Tenderers (Section A). 3 You are to key in your Total Contract Price as submitted in the Form of Tender into GeBIZ before the closing date of this Tender. As this is a critical criterion, failure to comply with this would cause your tender submission to be rejected. 4 The tender shall remain valid for a period of 180 days from the closing date of the tender. 5 You are to read the Tender Document hereof carefully before submitting your Tender via GeBIZ by 4.00 pm (Singapore Time) on 21 Jun 2021.

http://www.gebiz.gov.sg/

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6 The summary of the bids received for the above can be viewed in the GeBIZ Homepage at http://www.gebiz.gov.sg after the tender closing date. The successful Tenderer will be informed of the award within the period of validity. Please do not make telephone queries on the result of this Tender. 7 The Superintending Officer of this Contract is the Chief Information Officer/Deputy Director (Information Technology Division). Queries on technical matters may be referred to the Superintending Officer’s representative(s), Ms Sally Kan (Tel: 6375 1293 or e-mail: [email protected]). Any queries on administrative matters may be referred to Ms Wendy Ho at Tel: 6375 1592 or e-mail: [email protected]. 8 Please note that clarifications, including any request for extension of tender opening period, must be submitted to the Maritime and Port Authority of Singapore at least 7 days before the closing date of the tender. You are strongly advised to regularly check the GeBIZ website for any Corrigendum/Addendum, which is issued prior to the Tender Closing Date. 9 The Authority reserves the right to shortlist tenderers in accordance with the criteria set forth in the Invitation to Tender, and give those so shortlisted the opportunity to submit new or amended tenders on the basis of the Authority’s revised requirement, in accordance with a common deadline. 10 The successful tenderer will be required to submit invoices electronically online via the Vendors@Gov portal (www.vendors.gov.sg). This is set out as part of the Government’s procurement terms and conditions in the GeBIZ system. Yours faithfully CINDY SIM (MS) DIRECTOR (FINANCE, PROCUREMENT & ADMIN) for CHIEF EXECUTIVE MARITIME AND PORT AUTHORITY OF SINGAPORE Note: This is an Electronic Tender Document. No signature is required.


mailto:[email protected]


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3-YEARS PROVISION OF CONTRACT IT MANPOWER SERVICES TO MARITIME AND PORT AUTHORITY OF SINGAPORE

(INC2100316/26/2021)

A INSTRUCTIONS TO TENDERERS

1. DEFINITIONS

1.1 All terms referred to in this Invitation to Tender shall have the meanings ascribed to them in the Conditions of Contract, unless otherwise defined herein or the context otherwise requires.

2. EVALUATION CRITERIA

2.1 Where this Invitation to Tender specifies evaluation criteria in terms of the financial category and supply category/head required for registration with any Government Registration Authority (“GRA”), namely the Ministry of Finance or the Building and Construction Authority, as the case may be, the evaluation of such criteria will be delegated to the relevant GRA.

2.2 Where a Tenderer's existing registration with a GRA, which is valid up to the closing date of this Invitation to Tender, specifies that the Tenderer has met particular criteria in relation to a particular financial category and supply category/head, the Authority will regard the Tenderer as having met the criteria specified in the registration for the financial category and supply category/head set out in the registration and in the manner set out in the registration.

2.3 Tenderers who are registered with the relevant GRA must declare their registration status in the manner set out in this Invitation to Tender.

2.4 Tenderers who do not hold a valid registration from the relevant GRA specifying that they have met the criteria for this Invitation to Tender are advised to apply for the registration with the relevant GRA at the earliest possible opportunity and must declare their registration status in their Tender Offers. Such Tenderers should apply for registration with the relevant GRA through the Government Electronic Business (GeBIZ) website at http://www.gebiz.gov.sg. If their registration with the relevant GRA is still pending at the time of submission of their Tender Offer, Tenderers should enclose a copy of the receipt for registration fee issued by the GRA(s) with their Tender Offers.

3. ELIGIBILITY

3.1 All persons or entities who are debarred from participating in public sector tenders are not eligible to participate in this Invitation to Tender. Where a Tenderer is debarred after the submission of its Tender Offer, the Tenderer shall not be considered for the award of this Invitation to Tender. If a Tender Offer is submitted without explicitly mentioning that the Tenderer is currently debarred, the Authority shall treat the submission of the Tender Offer as an


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express continuing declaration by the Tenderer that the Tenderer is in fact eligible to participate in this Invitation to Tender and, if such a declaration is discovered to be false, the Authority will be entitled to, at any time, rescind any contracts entered into pursuant to such a Tender Offer without the Authority being liable therefor in damages or compensation.

4. SUBMISSION OF TENDER OFFER

4.1 Tenderers shall submit their Tender Offers in accordance with the following mode of submission:

Information or document(s) in Mode of Mode of

Tender Offer Submission Submission

Schedule of Rates as stated in the Form of Tender and attached the following completed documents in GeBIZ:

• Breakdown of Tender Price

• Form of Tender

• Particular of Tenderers

• Details of Recent and Current Contracts carried out by Company

• Tender Submission Checklist and its listed documents

• Relevant supporting documents as stated in the Section E for evaluation

• Acknowledgement of Corrigendum letter issued (if any)

Document to be attached in GeBIZ shall Be in PDF format and not exceeding 35MB per file.

This shall be submitted to the Authority using GeBIZ.

By 4:00pm on 21 Jun 2021

4.2 Where Tender Offers are to be submitted using GeBIZ, Tenderers shall submit all documents forming part of their Tender Offers in accordance with the Terms and Conditions For Use Of The Government Electronic Business (GeBIZ). Such documents may be submitted through GeBIZ without any handwritten signature. The Authority shall be entitled to rely on the use or entry of the prescribed Authentication Device (as defined in the Terms and Conditions For Use Of The Government Electronic Business) by the Tenderer or its representative(s) as the authorised signature of the Tenderer, as conclusive evidence of the authenticity of the submitted document and the authority of the originator of the submitted document.

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4.3 Intentionally Left Blank

4.4 The Authority reserves the right to reject Tender Offers not submitted in accordance with the mode(s) of submission specified in these Instructions to Tenderers.

4.5 Intentionally Left Blank

4.6 The Tender Offer must include:

(a) the Form of Tender fully completed; and

(b) an address where any notice, request, waiver, consent or approval required to be sent to the Tenderer in connection therewith can be directed to.

5. COMPLIANCE WITH INSTRUCTIONS

5.1 Any Tender Offer which is not submitted according to the instructions contained and in the form(s) prescribed in this Invitation to Tender, or which attempts to vary any provision of or which fails to fully comply with this Invitation to Tender, is liable to be rejected.

5.2 The Tenderer’s Tender Offer may include alternative offer(s) which comply with this Invitation to Tender (including the Requirement Specifications).

6. TENDERING PERIOD

6.1 This Invitation to Tender shall be closed on the Closing Date and Time. “Closing Date and Time” means the date and time specified in Clause 4.1, or such other date and time as notified by the Authority from time to time through GeBIZ. Tender Offers received after the Closing Date and Time shall be disqualified.

7. VALIDITY PERIOD

7.1 Tender Offers submitted shall remain valid for acceptance for the Validity Period. “Validity Period” means a period of 180 days from the Closing Date and Time, or such longer period as may separately be agreed in writing between the Tenderer and the Authority.

8. WITHDRAWAL OF TENDER OFFER

8.1 No Tender Offer may be withdrawn after the Closing Date and Time. Any Tenderer who attempts to do so may, in addition to any remedy which the Authority may have against it, be liable to be debarred from future public sector tenders.

9. REQUIREMENT SPECIFICATIONS

9.1 The Goods and Services offered under a Tender Offer shall comply with the Requirement Specifications of this Invitation to Tender.

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10. ACCEPTANCE OF TENDER OFFER

10.1 The Authority shall be under no obligation to accept the lowest priced or any Tender Offer.

10.2 The Authority may accept the whole or any part(s) of the Tender Offer as it may decide, unless the Tenderer expressly stipulates in its Tender Offer that certain parts of the Tender Offer are to be treated as indivisible. The prices shall be adjusted in accordance with the schedules of prices set out in the Tender Offer.

10.3 The issuance by the Authority of a Letter of Acceptance accepting the Tenderer’s Tender Offer or part of the Tender Offer shall create a binding contract (to the extent accepted by the Authority) between the Authority and such Tenderer. The Conditions of Contract shall apply to such contract.

10.4 The Letter of Acceptance may be issued:

(a) through GeBIZ to the successful Tenderer; or

(b) to the successful Tenderer's address as given in its Tender Offer by hand or by post.

Such issuance of the Letter of Acceptance through GeBIZ, by hand or post shall be deemed effective communication of acceptance.

10.5 Notwithstanding the issuance of the Letter of Acceptance, the Authority may at its discretion require the Tenderer to sign a formal agreement in respect of the Contract and the Tenderer shall do so without unnecessary delay. In the event that the Tender Offer is submitted by a duly authorised agent, the formal agreement is to be executed by his principal.

10.6 The Authority shall have the right to accept the Tender Offers of one or more Tenderers.

11. INTENTIONALLY LEFT BLANK 12. GEBIZ

12.1 Tenderers are put on notice that business transactions with the Authority shall be conducted by the electronic exchange of information using the GeBIZ system or such other mode as the Authority may specify.

12.2 It shall be the Tenderer’s responsibility to check GeBIZ for any addendum, corrigendum or other documents that may be issued in respect of this Invitation to Tender before the Closing Date and Time.

13. INTENTIONALLY LEFT BLANK


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15. DEMONSTRATION OF CLAIMED CAPABILITIES

15.1 At the request of the Authority, the Tenderer shall, at its own expense, prepare and conduct locally, demonstrations or presentations to substantiate the Tenderer’s capabilities as described in its Tender Offer.

15.2 The Authority is entitled to require the Tenderer to make available all necessary information and equipment to enable the Tenderer to demonstrate the claims in its Tender Offer.

16. LANGUAGE

16.1 The Tender Offer and all supporting data and all documentation to be supplied by the Tenderer shall be written in readily comprehensible English language.

17. EXPORT APPROVAL

17.1 The Tenderer shall indicate clearly whether there is any requirement for the Authority to furnish end-user certificates or statements. The Tenderer shall also indicate clearly in its Tender Offer if there is a need for the Authority to enter into separate agreement(s) with the Tenderer to satisfy export requirements of the Tenderer's or any foreign government.

18. CONFIDENTIALITY

18.1 Except with the consent in writing of the Authority, the Tenderer shall not disclose to any person (other than employees, servants and agents on a “need-to-know” basis for the purposes of preparing or submitting a Tender Offer or subsequent clarifications) this Invitation to Tender, or any of its provisions, or any specifications, plans, drawings, patterns, samples or information issued by the Authority.

18.2 The Authority may require an unsuccessful Tenderer to return or destroy any specifications, plans, drawings, patterns, samples or information issued by the Authority in connection with this Invitation to Tender.

19. OWNERSHIP OF TENDER DOCUMENTS

19.1 All documents submitted by the Tenderer in response to this Invitation to Tender shall become the property of the Authority. However, intellectual property in the information contained in the Tender Offer shall remain vested in the Tenderer. This Clause is without prejudice to any provisions to the contrary in any subsequent contract between the Tenderer and the Authority.

20. ALTERATION, ERASURES OR ILLEGIBILITY

20.1 Except for amendments to the entries made by the Tenderer itself which are initialled by the Tenderer, Tender Offers bearing any other alterations or erasures and Tender Offers in which prices are not legibly stated are liable to be rejected.

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21. AUTHORITY'S CLARIFICATIONS ON THE TENDERER'S TENDER OFFER

21.1 In the event that the Authority seeks clarification on any aspect of the Tenderer's Tender Offer, the Tenderer shall provide full and comprehensive responses within seven (7) days of notification.

22. TENDER OFFER

22.1 The Tenderer shall satisfy itself before tendering as to the correctness and sufficiency of its Tender Offer for the supply of the Goods and Services, and all matters and things necessary for the proper execution and completion of such supply, including any duties, customs and excise, licences, transport and insurance expenses, regardless of whether such matters or things were specifically set out in this Invitation to Tender.

22.2 The Tenderer shall ensure that its Tender Offer is complete, and that the information in its Tender Offer is clearly visible without further action required by the Authority. In particular, the Tenderer shall ensure that all information in any softcopy or spreadsheet or other document is not hidden in rows or otherwise not visible. Any part of the Tender Offer that is not clearly visible without further action required by the Authority may be excluded from the Tender Offer and may not be considered in the evaluation of such Tender Offer.

22.3 The Tenderer shall be deemed to have been thoroughly acquainted by its own independent observations and enquiries as to all matters which can in any way influence its Tender Price.

22.4 The Tender Price 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 irrespective of whether such items, works and/or services have been specifically listed or priced in the Tender Offer.

22.5 The Tenderer shall notify the Authority in writing of any ambiguity, discrepancy, conflict, inconsistency or omission in or between any of the documents in this Invitation to Tender and seek clarification about the same from the Authority at least seven (7) days before the Closing Date and Time.

22.6 No oral representation shall be:

(a) binding on the Authority; or

(b) construed as modifying or varying any of the provisions of this Invitation to Tender.

23. EXPENSE OF TENDERER

23.1 In no case will any expense incurred by the Tenderer in the preparation or submission of its Tender Offer or subsequent clarifications be borne by the Authority.

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24. GOODS AND SERVICES TAX

24.1 The Tenderer shall not include in the rates and prices proposed in its Tender Offer, GST chargeable for the supply of goods or services required in this Invitation to Tender. All rates and prices quoted shall be exclusive of GST.

24.2 If the Contractor is a taxable person under the GST Act, the Authority shall reimburse the Contractor for the GST charged on the supply by the Contractor of goods and services provided pursuant to this Invitation to Tender.

25. GST REGISTRATION

25.1 The Tenderer shall declare its GST status in its Tender Offer. The Tenderer shall clearly indicate whether it is, or will be, a taxable person under the GST Act. The Tenderer shall furnish its GST registration number to the Authority, if available.

25.2 A Tenderer who declares itself to be a non-taxable person under the GST Act but which becomes a taxable person at any time thereafter shall forthwith inform the Authority of its change in GST status. The Tenderer shall be entitled to reimbursement from the Authority of any GST charged on the supply of goods or services made by it after its change in GST status.

26. GOVERNING LAW

26.1 All Tender Offers submitted pursuant to this Invitation to Tender and any resultant contracts shall be governed by the laws of the Republic of Singapore.

27. OWNERSHIP STATUS OF TENDERER

27.1 The Tenderer shall provide in its Tender Offer full information on:

(a) the name and address of any person, company or corporation which Controls the Tenderer; and

(b) the number, percentage and class of shares held by such person,

company or corporation.

28. SHORTLISTING TENDERERS

28.1 The Authority reserves the right to shortlist Tenderers in accordance with the criteria set forth in this Invitation to Tender, and give those so shortlisted the opportunity to submit new or amended Tender Offers on the basis of the Authority's revised requirements, in accordance with a common deadline.

28.2 Tender Offers received based on the firm and updated requirements shall form the basis of the final tender evaluation. The Tender Offers received in the final round shall be complete and comprehensive, and shall over-ride all Tender Offers previously submitted. The final Tender Offer shall not make references to previous Tender Offers. All Tender Offers received in the previous rounds shall be treated as lapsed. Such final Tender Offers shall be submitted as instructed by the Authority.

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29. CONSORTIUM

29.1 In this Invitation to Tender, “Consortium” means an unincorporated joint venture through the medium of a consortium or a partnership.

29.2 The following shall apply if a Tender Offer is submitted by a Consortium:

(a) each member of the Consortium shall be a business organisation duly organised, existing and registered under the laws of its country of domicile;

(b) no Consortium shall include a member who has been debarred from

public sector tenders;

(c) after the submission of the Tender Offer, any introduction of, or changes to, Consortium membership must be approved in writing by the Authority. Changes made without the Authority’s written approval may render the Tender Offer liable to be rejected;

(d) the following documents must be submitted with the Tender Offer:

(i) a certified copy of the consortium or partnership agreement,

signed by all members of the Consortium, the terms of which shall include the terms set out in Clause 16 (Consortium) of the Conditions of Contract;

(ii) the Tender Offer is to be submitted by a member of the

Consortium (“Lead Member”). Documentary proof must be provided that the Lead Member is authorised by all members of the Consortium to submit and sign the Tender Offer, receive instruction, give any information, accept any contract and act for and on behalf of all the members of the Consortium. The documentary proof can be in the form of:

(A) relevant provision(s) in the certified copy of the

consortium or partnership agreement; or

(B) certified copies of powers of attorney from each member of the Consortium;

(e) information must be submitted with respect to:

(i) the legal relationship among the members of the Consortium;

(ii) the role and responsibility of each member of the Consortium;

and

(iii) the address of the Consortium to which the Authority may send any notice, request, clarification or correspondence;

(f) if the Authority issues a Letter of Acceptance to a Consortium:

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(i) the Letter of Acceptance may be issued through GeBIZ or handed to or posted to the address of the Lead Member of the Consortium given in the Tender Offer;

(ii) the issuance by the Authority of a Letter of Acceptance shall

create a binding contract on all the members of the Consortium;

(iii) each member of the Consortium shall be jointly and severally responsible to the Authority for the due performance of the Contract;

(iv) as and when requested by the Authority, all members of the

Consortium shall be required to sign a formal agreement in the appropriate form with the Authority. Until the said formal agreement is prepared and executed, the Consortium's Tender Offer together with the Authority's Letter of Acceptance, shall constitute a contract binding on all the members of the Consortium; and

(v) in the event that any member of the Consortium withdraws from

the Consortium or is adjudicated a bankrupt by a duly constituted judicial tribunal or goes into liquidation in accordance with the laws of the country of incorporation, the remaining member(s) of the Consortium shall be obliged to carry out and complete the Contract.

30. CORRIGENDA TO INVITATION TO TENDER

30.1 The Authority reserves the right to amend any terms in, or to issue supplementary terms to this Invitation to Tender at any time prior to the Closing Date and Time.

31. DISCLAIMER AND LIMITATION OF LIABILITY

31.1 This Invitation to Tender may not contain all information which Tenderers may require. Tenderers should therefore make their own inquiries and seek such clarifications they think necessary. The Authority shall not be liable to any Tenderer for any information in this Invitation to Tender which is incomplete or inaccurate.

31.2 The Authority shall not be liable for any loss of profit or indirect or consequential losses arising from or in connection with the Authority’s failure to comply with its legal obligations in conducting this Invitation to Tender, considering or evaluating any Tender Offer or accepting any Tender Offer. Any liability shall be limited to the costs of preparing and submitting the Tender Offer reasonably incurred by the Tenderer.

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(INC2100316/26/2021)

B ADDITIONAL INSTRUCTIONS TO TENDERERS

1 EXAMINING DOCUMENTS

1.1 The Tenderer shall be deemed to have carefully examined the relevant Invitation to Tender, Instructions to Tenderers, Additional Instructions to Tenderers, Conditions of Contract, Schedule of Rates, Form of Tender and other tender documents. If there is ambiguity in or discrepancy between any of these documents, the Tenderer should immediately refer the matter in writing to the Procurement & Admin Department, MPA, Ms Wendy Ho at e-mail: [email protected].). For queries regarding the technical requirements, the Tenderer shall be referred to Sally Kan at Tel: 6375 1293 / Email: [email protected].

1.2 On tendering, the Tenderer shall be deemed to have examined the documents referred to above and shall be bound by the terms and conditions therein. The onus is on the Tenderer to ensure that a complete offer is submitted. The Authority shall not entertain any request made after the tender has closed for bid variation or submission of additional quotes for items left out in the original submission on any ground whatsoever. The Tenderer shall be solely responsible for all such omissions or errors.

2 SUBMISSION OF PARTICULARS

The Tenderer is required to furnish information on the company according to the format given in the Particulars of Tenderer Form. In addition, the background information of the Tenderer, including a brief history, scope of operation and staff size should be included.

3 CORRECTION OF ERRORS IN PRICING

3.1 Each individual item in the Schedule of Rates must be priced and duly filled into the form using indelible ink. If any alteration, addition or note is made by him, such alteration shall be authenticated with the Tenderer’s signature. No alteration shall be made by the Tenderer to the text of the Schedule of Rates.

3.2 The relevant amount appearing at the Schedule of Rates shall be transferred

to the Form of Tender, without any alteration or rounding off.

4. DOCUMENTS NOT TO BE DETACHED OR MUTILATED

The tender forms and the documents attached to it shall not be detached one from the other and no alteration or mutilation (other than filling in all blank spaces) shall be made in any of the documents attached thereto. All alterations and additions to the tender documents by the Tenderer without the approval of the Authority will not be recognised and the text as originally prepared will be strictly adhered to.


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5. ALTERNATIVE OFFER

The Tenderer may quote alternative offers. Alternative offers must be indicated clearly and will not be considered unless a base offer has been submitted. Base offer is offer which meets all the specified specification indicated in the Requirement Specifications of the Invitation to Tender. Alternative offer is offer which functionally meets the specified specifications. Alternative offer may use materials, designs or processes different from those specified.


7. INTENTIONALLY LEFT BLANK 8. TENDER CURRENCY

The Tenderer must tender in Singapore Dollars. 9. APPOINTMENT OF LOCAL AGENT 9.1 Foreign companies with no local offices in Singapore, who are taking part in

this tender, must appoint a local representative or agent to liaise with and receive any communications, notices, instructions, or documents, including any court documents that may be issued by the Authority. The local representative or agent shall be a local company, partnership or sole proprietorship. The Contractor agrees that service of any such communication, notice, instruction, document, court documents by registered post or by hand at the local representative’s or agent’s address, as provided by the Tenderer, shall be deemed to have been duly served on the foreign company at its head office.

9.2 Where Clause 9.2 applies, the Contractor must provide documentation to the

Authority, proving that the local representative or agent had been duly appointed by the Contractor for the purposes set out in that clause. Further, the particulars of the local representative or agent must be made known to the Authority. The particulars of the local representative or agent must include the following:

(i) Name (ii) Address (iii) Contact Person (iv) Contact Numbers (v) E-mail Address

All such documentation and particulars of local representatives or agent as stated in Clause 9.2 must be submitted to the Authority at the time of submission of the Tender.

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9.3 The parties agree that notwithstanding the above, service of any originating process or criminal summonses may also be made in accordance with any other methods permitted under Singapore law.

10. PAYMENTS TO SUCCESSFUL TENDERER 10.1 All payments to be made under the Contract by the Authority to the successful

tenderer shall be effected through Interbank GIRO Systems and/or other Electronic Payment Systems ("Systems").

10.2 The successful Tenderer shall submit the duly completed and signed direct credit authorisation form (Specimen A) within ten (10) working days from the date of the Letter of Acceptance to effect payments through such systems.

10.3 In the event, that the payment arrangement through such Systems terminates or becomes ineffective for any reasons whatsoever, the successful Tenderer shall re-submit all the necessary forms to the Authority’s Financial Accounting Department within 10 working days from the date of termination.

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3-YEARS PROVISION OF CONTRACT IT MANPOWER SERVICES TO MARITIME AND

PORT AUTHORITY OF SINGAPORE (INC2100316/26/2021)

C CONDITIONS OF CONTRACT 1. DEFINITIONS

1.1 In these Conditions of Contract, unless the context otherwise requires:

(a) “Authority” includes any officer authorised by the Authority to act on its behalf.

(b) “Contract” means the resulting contract between the Authority and the

Contractor for the provision of the Services as a result of the Authority’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 Orders issued by the Authority to the Contractor;

(viii) any correspondence exchanged between the Authority and the

Contractor which is agreed to by the Authority 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 relevant.

(d) “Contract Price” means the aggregate Tender Price for Services required under the Contract.

(e) “Contractor” means a successful Tenderer whose Tender Offer has

been accepted by the Authority.

(f) “Control” means, with respect to a person (i) the right to exercise, directly or indirectly, at least 50 per cent of the voting rights attributable to the shares of the controlled person or (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such person.

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(h) “GST” means goods and services tax charged under the GST Act.

(i) “GST Act” means the Goods and Services Tax Act (Cap. 117A).

(j) “IP” means patents, copyright, trademarks, service marks, trade names, domain names, logos, get-ups, inventions, registered and unregistered design rights, database rights, industrial design, integrated circuit topography and all other intellectual property rights.

(k) “Invitation to Tender” means the invitation to participate in the tender

for the supply of Services and comprises all the tender documents forwarded to the Tenderer, inclusive of the Covering Letter, Form of Tender, Instructions to Tenderers, Conditions of Contract, Requirement Specifications, Guidelines for Tender, Evaluation Criteria and any other documents and forms enclosed.

(l) “Letter of Acceptance” means the letter issued by the Authority

accepting 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) “Parties” means the Authority and the Contractor, and “Party” means

any one of them.

(o) “Price Schedule” means the schedule of prices for Services proposed in the Contractor’s Tender Offer and accepted in the Letter of Acceptance.

(p) “Purchase Order” means an order issued by the Authority, making

reference to the Contract, to purchase the Services.

(q) “Requirement Specifications” means the specifications set out in Section E of the Invitation to Tender and any amendments or additions to the aforesaid as may be mutually agreed in writing between the Parties from time to time.

(r) “S$” means the lawful currency of Singapore.

(s) “Services” means the services proposed in the Contractor’s Tender

Offer as being capable of meeting or exceeding the Requirement Specifications and accepted in the Letter of Acceptance which the Contractor is required to provide under the Contract.

(u) “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.

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(v) “Tender Offer” means the offer submitted by the Tenderer to provide

Services to the Authority in response to the Invitation to Tender, and other documents submitted by the Tenderer and accepted in writing by the Authority as modifying such offer submitted by the Tenderer.

(w) “Tender Price” in respect of any of the Services, means the sum

specified in the Price Schedule (as may be varied in accordance with the Contract) for the provision of such Services under the Contract.

(x) “Tenderer” means a person or its 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.

(y) “Working Day” means a day which is not a Saturday, Sunday or a

public holiday in Singapore.

1.2 Words importing the singular only shall also 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 purpose 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.

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3. SCOPE OF CONTRACT

3.1 The Contractor shall carry out and complete the supply of all items of Services in accordance with the Contract.

4. STATUS OF PURCHASE ORDERS 4.1 Each Purchase Order shall constitute a separate contract between the

Contractor and the Authority who issued the Purchase Order for the supply and/or performance of the Services specified in that Purchase Order.

5. DELIVERY AND PERFORMANCE

5.1 The Contractor shall, unless otherwise specified by the Authority prior to delivery or performance, perform the Services at the time(s) and place(s) and in the manner specified in the Contract. The Contractor shall obtain a receipt therefor from the Authority. The issue of such receipt shall in no way relieve the Contractor from its obligations under Clause 7 to re-perform deficient Services.

6. CARE AND DILIGENCE 6.1 The Contractor shall with due care and diligence carry out its obligations to the

Authority under the Contract. 6.2 The Contractor acknowledges and accepts that the Authority 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 delivery of the Goods and provision of the Services under the Contract.

7. REJECTED SERVICES

7.1 The Authority 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 Authority, the Contractor shall re-perform such rejected Services at the Contractor’s own expense.

7.2 Where any Services are rejected by the Authority pursuant to Clause 7.1 or pursuant to any other provision of law, the Contractor shall be deemed to have completely failed to perform such Services.

8. CONTRACTOR’S PERSONNEL

8.1 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 Authority, the Contractor shall provide evidence of certification and competency of the personnel assigned.

8.2 The personnel provided by the Contractor to perform the Contract shall be subject to the Authority’s approval. Where the Contractor has proposed such

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personnel in its Tender Offer, the Authority’s acceptance of the Contractor’s Tender Offer shall not constitute its approval of such personnel.

8.3 The Authority shall not be obliged to provide any reasons for objecting to any of the Contractor’s personnel. If the Authority 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 Authority within fourteen (14) days.

8.4 The Contractor undertakes not to change its personnel approved under this Clause 8 without the Authority’s consent, whose consent shall not be unreasonably withheld. All new or replacement personnel shall also be subject to the approval of the Authority. 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.

9. PAYMENT

9.1 The Contractor shall invoice the Authority in accordance with Clause 9.4 after receipt by the Authority of all the Services.

9.2 Against compliance with Clause 9.1, the Authority shall pay the Contractor within thirty (30) days from the date of the invoice by Interbank GIRO or such other mode of payment as the Authority and the Contractor may agree. The Contractor shall provide the Authority 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.

9.3 No payment shall be considered as evidence of the quality of the Services to which such payments relate 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.

9.4 If requested by the Authority, the Contractor shall submit to the Authority invoices through the electronic invoicing system maintained by the Authority and such other documents through such means and in such format as may be specified by the Authority for the purposes of making payment.

9.5 The Authority shall not be required to pay for expenses or cost of whatever nature other than those expressly set out in the Contract or otherwise expressly agreed to in writing by the Authority.

9.6 The Contract Price is exclusive of any GST chargeable on the supply of goods and services to the Authority by the Contractor under the Contract. If the Contractor is a taxable person under the GST Act, the Authority shall reimburse the Contractor for any such GST charged on the supply by the Contractor of goods or services under the Contract.

9.7 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 purpose of the GST

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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.

10. TAXES, FEES AND DUTIES

10.1 The Contractor shall be responsible for all corporate and personal income taxes, customs fees, duties, fines, levies, assessments and other taxes payable by the Contractor or its employees in carrying out its obligations under the Contract.

10.2 If the Authority 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 Authority may subsequently so pay, any of the abovementioned taxes, fees, duties, fines, levies and assessments (“Taxes”), the Contractor hereby agrees that the Authority 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.

10.3 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 Authority 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.

11. DELAY IN PERFORMANCE

11.1 If the Contractor fails to complete the performance of any Services by the date(s) specified in the Contract, the Authority shall have the right (in addition to and without prejudice to all other rights or remedies available, including the Authority’s right to terminate the Contract pursuant to Clause 14.1) to do the following:

(a) 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.

11.2 The Authority shall have the right, at its sole discretion, to elect to claim

general damages in common law from the Contractor. 12. COMPLIANCE WITH LAW

12.1 The Contractor shall, at its own costs, obtain and maintain all licences, permits, certifications and regulatory authorisations without any restriction or qualification whatsoever so as to enable the Contractor to fulfil all its obligations under the Contract.

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12.2 The Contractor shall, in performing its obligations under the Contract, comply with all applicable laws and shall keep the Authority indemnified against all penalties and liabilities of every kind for the breach of any such laws.

13. GIFTS, INDUCEMENTS AND REWARDS

13.1 The Authority 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:

(a) 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:

(i) 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

(ii) showing favour or disfavour to any person in relation to any

contract with the Authority; or

(b) any Contractor Representative has engaged in any activity or conduct that has resulted or will result in a violation of any Anti-Corruption Laws.

13.2 In this Clause 13:

“Anti-Corruption Laws” means:

(a) Chapter IX of the Penal Code (Cap. 224);

(b) the Prevention of Corruption Act (Cap. 241); and

(c) any other applicable law including any foreign law which:

(i) prohibits the conferring of any gift, payment or other benefit on any person or any officer, employee, agent or adviser of such person; or

(ii) is broadly equivalent to the laws set out in paragraphs (a) or (b)

or which has as its objective the prevention of corruption.

“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).

14. TERMINATION

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

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(a) the Contractor fails to remedy the breach within fourteen (14) days from a 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 Contract with immediate effect by written notice.

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

the 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 arrangements with creditors; or

(g) any action is contemplated or any legal proceedings are commenced

against the Contractor alleging infringement of IP rights.

14.3 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 Authority all amounts paid to

the Contractor under the Contract, less the price of the Services which have been accepted by the Authority as at the date of termination;

(c) the Contractor shall immediately deliver property belonging to or

provided by the Authority pursuant to the Contract and all deliverables prepared by the Contractor for the Contract (including works-in-

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progress if so requested by the Authority). Works-in-progress shall be paid on a pro-rated basis at the Authority’s sole discretion;

(d) in the event of a termination pursuant to Clause 14.1 or 14.2, the

Authority 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; and

14.4 Nothing in this Clause 14.2 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 Contract or at law or in equity.

15. FORCE MAJEURE

15.1 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 authority, civil disturbance, wars, strikes, fires and other catastrophes.

15.2 If the effect of any Force Majeure Event continues for a period exceeding three (3) months, the Authority 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.

15.3 If a Force Majeure Event occurs, the Contractor or the Authority (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.

15.4 Failure of the Contractor’s Subcontractors or suppliers to perform their obligations shall not be regarded as events beyond the control of the Contractor.

16. CORRESPONDENCE

16.1 Subject to Clause 16.2, any notice, request, waiver, consent or approval (“Notice”) shall be in writing and shall be deemed to have been duly given or made when it is delivered by hand or by prepaid registered post to the Party as follows:

(a) in the case of the Contractor, the address set out in the Tender Offer; and

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(b) in the case of the Authority, the address as specified in the Cover Letter.

16.2 Any Notice may be made by the Authority to the Contractor 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.

16.3 Either Party may change its address and (in the case of the Contractor) electronic mail address referred to above by giving the other Party written notice of the change.

17. LANGUAGE

17.1 All data, documents, descriptions, diagrams, books, catalogues, instructions, markings and correspondence shall be written in readily comprehensible English language.

17.2 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.

18. CONSORTIUM

18.1 As used in the Contract, “Consortium” means an unincorporated joint venture through the medium of a consortium or a partnership.

Joint and Several Responsibility

18.2 Each member of the Consortium shall be jointly and severally responsible to the Authority for the due performance of the Contract.

Addition of members to Consortium

18.3 Any introduction of, or changes to, Consortium membership must be approved in writing by the Authority.

18.4 Should additional member(s) be added to the Consortium at any time with the approval of the Authority pursuant to Clause 18.3, he or they shall be deemed to be included in the expression “the Contractor”.

Withdrawal from Consortium

18.5 If any member of the Consortium withdraws from the Consortium, goes into liquidation, is wound up or ceases to exist in accordance with the laws of the country of incorporation:

(a) the Contract shall continue and not be terminated, and (b) the remaining member(s) of the Consortium shall be obliged to carry

out and complete the Contract.

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19. SUB-CONTRACT, TRANSFER AND ASSIGNMENT

19.1 The Contractor shall not, without the prior written consent of the Authority, sub-contract its obligations, or transfer or assign the benefit of the whole or any part of the Contract.

19.2 The Contractor shall be responsible for the acts, defaults, negligence and omissions of any Subcontractor, their agents, servants or workmen.

20. DEFAULT INTEREST

20.1 If the Contractor defaults in the payment when due of any sum payable under the Contract its liability shall be increased to include interest on such sum from the date when such payment is due until the date of actual payment (after as well as before judgment). The interest shall be calculated on a daily basis at a rate per annum of 12%.

21. REMEDIES

21.1 The rights and remedies of a Party under the Contract are cumulative and are without prejudice and in addition to any rights or remedies such Party may have at law or in equity. No exercise by a Party of any one right or remedy under the Contract, or at law or in equity shall operate so as to hinder or prevent the exercise by it of any other right or remedy under the Contract, at law or in equity.

21.2 The Authority 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 the Contract.

22. VARIATION

22.1 No variation of the Contract shall be of any force unless agreed upon in writing and signed by the authorised signatories of both Parties.

23. WAIVER 23.1 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.

23.2 No waiver of any breach of the Contract shall be deemed to be a waiver of any other or of any subsequent breach.

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23.3 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.

24. SET-OFF

24.1 Whenever under the Contract any sum of money (including liquidated damages and 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.

25. ENTIRE AND WHOLE AGREEMENT

25.1 The Contract contains the entire and whole agreement between the Parties relating to the subject matter of the Contract.

26. SEVERABILITY

26.1 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.

27. RIGHTS OF THIRD PARTIES

27.1 A person who is not a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act to enforce any term of the Contract.

28. SURVIVING PROVISIONS

28.1 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 13 (Gifts, Inducements and Rewards), 14.3 and 14.4 (Termination), 16 (Correspondence), 20 (Default Interest), 21 (Remedies), 22 (Variation), 23 (Waiver), 24 (Set-off), 25 (Entire and Whole Agreement), 26 (Severability), 27 (Rights of Third Parties), 28 (Surviving Provisions), 29 (Governing Law), 30 (Mediation), 31 (Dispute Resolution) and 32 (Order of Precedence), shall survive the termination or expiry of the Contract.

29. GOVERNING LAW 29.1 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.

30. MEDIATION

30.1 Notwithstanding anything in the Contract, in the event of any dispute, claim, question or disagreement arising out of or relating to the Contract (a “Dispute”) and subject to Clause 30.3, no Party shall proceed to any form of

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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 30.1 if they have gone through at least one mediation session at the Singapore Mediation Centre.

30.2 A Party who receives a written notice for mediation from the other Party shall

consent and participate in the mediation process in accordance with Clause 30.

30.3 The mediation session is to commence no later than ninety (90) days from

the date of the written notice of mediation failing which either Party may proceed to dispute resolution.

30.4 Failure to comply with Clause 30.1 or 30.2 shall be deemed to be a breach of

the Contract. 31. DISPUTE RESOLUTION 31.1 Each Party irrevocably agrees that the courts of Singapore shall have

exclusive jurisdiction to settle any Disputes. Each Party irrevocably submits to jurisdiction of such courts

32. ORDER OF PRECEDENCE

32.1 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 32.2, in accordance with the following order of precedence:

(a) these Conditions of Contract (as amplified or modified by any correspondence exchanged between the Authority and the Contractor which has been agreed to by the Authority in writing as amplifying or modifying the Contractor’s Tender Offer);

(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 Authority and the Contractor which has been agreed to by the Authority in writing as amplifying or modifying the Contractor’s Tender Offer).

32.2 Where the Contractor’s Tender Offer (as amplified or modified by any correspondence exchanged between the Authority and the Contractor which has been agreed to by the Authority in writing as amplifying or modifying the Contractor’s Tender Offer) contains provisions which are more favourable to the Authority in relation to the rest of the Contract, such provisions of the Contractor’s Tender Offer shall prevail. The Authority shall in its absolute and

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sole discretion determine whether any provision is more favourable to it in relation to the Contract.

32.3 For the avoidance of doubt, this Clause shall form an integral part of the Conditions of Contract referred to in Clause 32.1(a).

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(INC2100316/26/2021)

D COMPENDIUM OF ADDITIONAL CLAUSES

A1. CONFIDENTIALITY AND SECURITY

A1.1 Except with the written consent of the Authority, 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;

(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.

A1.2 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 A1 and shall, at the request of the Authority, procure that each of its employees, servants and agents and those of its Subcontractors and agents sign an undertaking to safeguard official information in the form set out in Specimen B and C, if they have not already done so.

A1.3 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 Authority.

A1.4 For the purposes of this Clause A1, “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 Authority;

(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:

i. 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;

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ii. 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

iii. independently developed by the Contractor.

A1.5 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 in accordance with the provisions of the Contract, provided the Contractor shall, to the extent practicably possible and permissible by law or regulations, give the Authority prompt and prior notice of any such requirement and shall cooperate with the Authority to limit the scope of such disclosure to the maximum extent legally possible.

A1.6 No later than fourteen (14) days from the termination or expiry of the Contract, the Contractor shall:

(a) return all Confidential Information received from the Authority 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 A1.6(a) and (b), the Contractor shall provide a written confirmation that it has complied with Clauses A1.6(a) and (b).

A1.7 The Contractor shall immediately notify the Authority where the Contractor becomes aware of any breach of this Clause A1 by its employees, servants, agents and Subcontractors and cooperate with the Authority to limit the extent and impact of such breach.

A1.8 This Clause A1 shall survive the termination or expiry of the Contract.

A2. DATA PROTECTION AND SECURITY

A2.1 Data Protection

A2.1.1 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.

A2.1.2 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

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prior consent of the Authority. Any request for the Authority’s consent under this Clause A2 must include an explanation of why the proposed disclosure is necessary for the purposes of fulfilling the Contractor’s obligations under the Contract.

A2.1.3 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 Authority and subject to such conditions as the Authority may impose. Any request for the Authority’s consent under this Clause A2 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.

A2.1.4 The Contractor shall immediately notify the Authority when it becomes aware of a breach of Clauses A2.1.1 to A2.1.3 by itself or any Subcontractor.

A2.1.5 The Contractor shall immediately notify the Authority 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 Authority’s reasonable requests and directions.

A2.1.6 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 returned to the Authority within fourteen (14) days. 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 Authority, is a breach of the Contract. No later than fourteen (14) days from the termination or expiry of the Contract, the Contractor shall provide a written confirmation 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.

A2.2 Security

A2.2.1 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 in accordance with the procedures recommended by the Personal Data Protection Commission and in accordance with industry best practices, and that only authorised personnel shall have access to the data. The Contractor shall not vary the fore-mentioned security procedures without the prior written approval of the Authority.

A2.2.2 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 Authority relating to the handling of personal data.

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A2.2.3 The Contractor shall immediately notify the Authority when it becomes aware of a breach of Clause A5.2.1 by itself or any Subcontractor.

A2.3 Definitions

For the purposes of this Clause A2, 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).

A2.4 Survival

This Clause A2 shall survive the termination or expiry of the Contract.

A3. LOSSES

A3.1 The Contractor shall indemnify and keep indemnified the Authority against any and all Losses sustained, incurred, paid by or suffered by the Authority 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.

A3.2 If any claim is commenced against the Authority that may give rise to a claim against the Contractor under Clause A3.1, notice thereof shall be given to the Contractor as soon as practicable.

A3.3 Upon receipt of such notice, if required by the Authority, the Contractor shall immediately take control of the defence and investigation of such claim and shall employ and engage attorneys reasonably acceptable to the Authority to handle and defend the same, at the Contractor’s sole cost and expense.

A3.4 In the event the Contractor takes control of the defence and investigation of the claim, the Authority 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 Authority’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 Authority.

A3.5 Notwithstanding anything to the contrary in the Contract, the Authority shall, at all times, have the right to defend the claim in such manner as it may deem

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appropriate, at the sole cost and expense of the Contractor. If required by the Authority, the Contractor shall immediately relinquish control of the defence and investigation of such claim.

A3.6 The Contractor shall indemnify and keep indemnified the Authority against any and all Losses sustained, incurred, paid by or suffered by the Authority arising out of or in connection with any breach by the Contractor, employees and/or its agents of Clause A1 (Confidentiality and Security) and/or Clause A2 (Data Protection).

A3.7 This Clause A3 shall survive the termination or expiry of the Contract.

A4. INTENTIONALLY LEFT BLANK



A7. COMMENCEMENT AND DURATION OF CONTRACT

A7.1 The Contract shall commence on the date of commencement stated in the

Letter of Acceptance or any other formal agreement executed between the Parties, and shall remain in force for a period of three (3) years (“Contract Period”).

A8. SUPPLY OF SERVICES AS AND WHEN REQUIRED BY THE AUTHORITY

A8.1 The Authority may engage the Contractor for the supply of Services from time to time by issuing a Purchase Order.

A8.2 All Purchase Orders shall state the Services to be supplied and shall also

state the aggregate Tender Price of all Services specified in such Purchase Order.

A8.3 Where the Contractor receives, during the Contract Period, any Purchase

Order for Services, the Contractor shall supply the Services specified in the Purchase Order in accordance with the Contract.

A8.4 The Authority shall be under no obligation to purchase any Services except to the extent of a Purchase Order for Services issued by the Authority.

A9. TERMINATION FOR CONVENIENCE

A9.1 The Authority shall have the right to terminate the Contract for convenience by giving two (2) months written notice to the Contractor without having to assign any reason, and the Contractor shall have no claim for any damages or compensation.

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A10. TITLE AND RISK

A10.1 The risk of loss or damage to any documentation delivered pursuant to the Contract shall pass upon receipt of the documentation by the Authority.

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(INC2100316/026/2021)

E REQUIREMENT SPECIFICATIONS 1. INTRODUCTION

2. BACKGROUND

3. SCOPE OF TENDER

4. REQUIREMENTS OF CONTRACTOR(S)

5. SCOPE OF SERVICES

6. ACCOUNT MANAGEMENT AND SERVICE LEVEL STANDARDS

7. EXECUTION

8. SUBMISSION REQUIREMENTS

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1. INTRODUCTION

1.1 The purpose of this tender is to invite prospective recruitment companies and agencies to source and contract for IT manpower to the Maritime and Port Authority of Singapore (“MPA”) on an ad-hoc basis i.e. activated as and when needed.

2 BACKGROUND 2.1 MPA’s mission is to develop and promote Singapore as a premier global hub port

and an international maritime centre, and to advance and safeguard Singapore’s strategic maritime interests.

2.2 The Information Technology Division (ITD)1 and the Statistics and Data System

(SDS) Department of MPA Operation Technology cluster are leading MPA and Maritime’s digital transformation programmes and implementing Singapore’s Digital Government Blueprint and the cyber and data security requirements for MPA and Maritime sector. Specifically, the key objectives of ITD and SDS are:

(a) Information Technology Division - Develop, acquire and maintain innovative information and digital technologies and solutions to achieve the digital transformation outcomes for MPA and its sector, as well as to advance the state of cyber security and resilience of the technology systems in MPA and key maritime and port operators for a safe and secure Maritime. Ensure Digital Government initiatives are implemented within the organisation and for the maritime sector.

(b) Statistics and Data System Department - Drive organisation statistical and data science initiatives, deliver data products to support decision-making and enhance operations and ensure that MPA’s data strategy, governance and processes are in line with WOG data policies.

3 SCOPE OF TENDER

3.1 MPA shall appoint a panel of Contractors to supply and deliver MPA contract IT manpower, on an ad-hoc basis, i.e. Activated only when needed for a period of three (3) years tentatively from Sep 2021 to Sep 2024 or the commencement date and contract period stated in the Letter of Acceptance.

3.2 The scope of Services comprises of the ‘Ad-hoc’ services for Contract Employees.

3.3 MPA reserves the right to award the tender to more than one tenderer and to determine the final numbers of companies appointed in the panel.

3.4 The Information Technology Division Office is the main coordinator for this contract and monitors the performance of all Contractors.

1 Consists of Enterprise Systems Development (ESD) Department, Sectoral Systems Development (SSD) Department, IT Infrastructure and Services (ITIS) Department and Maritime Cybersecurity (MCSD) Department.

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3.5 The appointment to MPA’s panel of preferred Contractors does not oblige MPA to source for any predetermined nor minimum amount of services from any Contractor.

3.6 The Contract shall commence on the date stated in the Letter of Acceptance and shall remain in force for a period of three (3) years (“Contract Period”).

3.7 MPA has the sole discretion to appoint any of the Contractor(s) in the panel for sourcing and recruitment during the Contract Period. The Contractor shall have no additional cost claim against MPA other than those specified in the Schedule of Rates, regardless of the number of recruitments, concurrently or consecutively at any time during the Contract Period.

4 REQUIREMENTS OF CONTRACTOR(S) 4.1 The Contractor(s) must comply with the Employment Agencies Act and hold a valid

Employment Agency Licence (Comprehensive Licence and/or Select Licence) issued by the Ministry of Manpower (MOM), or any valid certification of registration of company issued by the relevant authorities for overseas registered companies.

4.2 In the event a Contractor is issued any demerit points from MOM during the contract period, the Contractor shall notify MPA immediately, and MPA reserves the right to terminate the Contract at its absolute discretion.

4.3 The Contractor(s) shall notify MPA immediately if its employment agency license is

revoked by MOM, in which case, the awarded contract shall cease with immediate effect.

4.4 The Contractor(s) must have the capability in terms of adequate manpower and

resources to handle recruitment search for more than one position under any circumstances, as contingent search services may be required for various positions simultaneously or back-to-back depending on MPA’s needs.

5 SCOPE OF SERVICES

5.1 The Contractor shall source and place candidates on an ad-hoc basis, i.e. MPA will activate the manpower services request only when needed for the types of manpower listed in Table 1 below.

5.2 The following, though not exhaustive, lists the types of manpower required:

Table 1

Category Specialists / Roles

Applications Development and Management

a) Digital Business Analyst

b) Software Developer / Engineer

c) Quality Engineer

d) Test Engineer

e) UX Designer

f) Delivery Manager

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g) Enterprise Architect

h) Data Architect

i) Solution Architect

j) System Architect

k) Cloud Architect

l) Application/Software Security Engineer

m) Systems Analyst

n) DevOps Engineer

o) Digital Services Manager

p) Scrum Master

q) Project Manager

r) Engagement Manager

s) Product Manager

IT Infrastructure and Services

a) Infrastructure Engineer – Middleware Engineer

b) Infrastructure Engineer – Cloud Engineer

c) Infrastructure Engineer – Database Administrator

d) Infrastructure Engineer – System Administrator

e) IT Service Manager

f) IT Service Support Engineer

g) Data Centre Operation Manager

h) Data Centre Operators

Cybersecurity a) Principal Security Architect

b) Security Penetration Testing Manager (Red Team) / Tester

c) Principal Cybersecurity Engineer / Cybersecurity Engineer

d) Incident Response Manager / Analyst

e) Cyber Risk Manager / Analyst

f) OT Cybersecurity Manager / OT Cybersecurity Analyst

Data Science and AI

a) Data Engineer

b) Data Analyst

c) AI Engineer

d) Computational Scientist

e) Quant Analyst

Sensors & Internet-Of-Things (SIOT)

a) Embedded Engineer

b) Systems Engineer

c) Robotics Engineer

d) R&D Engineer

Applications Infrastructure

a) Application Infrastructure Engineer

b) Application Infrastructure Architect

c) Application Infrastructure Manager

Modelling & Simulations

a) Geospatial Info System Architect

b) Interactive Digital Media (AV/VR) Engineer

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c) Modelling & Simulation Engineer

Policy & Governance and others

a) Business Development for Digital Product

b) IT Quality Manager

c) Policy Consultant

d) Risk Consultant

e) ICT Auditor

f) ICT Procurement

g) ICT Contract Management

h) Project Executive

5.3 The Tenderer shall respond to Section F – Price Schedule for the types of

manpower listed in Table 1. As a guide, the approximately headcount required for each broad category of specialist/role on an annual basis range from 10 pax to 20 pax. Please note that the quantity indicated is an estimate and not a commitment from the Authority to the Supplier.

5.4 The Tenderer shall propose a placement fee rate (%) in accordance with the Price Schedules for the manpower services to be supplied under Clause 5.1. A placement fee is a percentage of annual base salary (based on 12 months) of a successful candidate.

5.5 The Tenderer must conform to the Price Schedule format specified in Section F when submitting the proposal. Tenderers who do not comply with this format requirement will be disqualified.

5.6 A candidate is deemed successful upon passing through the various selection and assessment interviews and other screening procedures, and obtaining a written order or Purchase Order (PO) from MPA. MPA shall initiate payment of the placement fee stipulated in accordance to Schedule of Rates to the Contractor upon commencement of employment by the selected candidate.

5.7 For placement fee that is paid one-time upfront upon a successful placement, a service guarantee period is imposed in which Contractors are required to provide a replacement with the equivalent level of skills and experience, at no additional cost to MPA, should the candidate leave on his/her own accord or is terminated during the service guarantee period for whatever reasons. The Contractors shall conform to Table 2 for the service guarantee period for replacement.

Table 2

Salary Range for Service Guarantee Period

Position Placed (Months)

$10,000 & below 3

$10,001 & above 6 5.8 Where service guarantee period is applicable as per clause 5.7, the Contractors

are to guarantee that the recruited candidate remains in employment with MPA for the stated period of months. It is calculated starting from candidate’s join date.

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5.9 In the event a hired candidate leaves or is terminated by MPA, the Contractors shall provide suitable replacement candidates to MPA at a replacement timeline of within 2 months from candidate’s last working day.

5.10 Where service guarantee period is applicable as per clause 5.7, in the event when

there is no successful replacement within the replacement timeline stated in clause 5.9, a refund (% of placement fee) by the Contractor will be required based on candidates’ point of resignation or termination of service, in accordance to the period when the candidate joined and left MPA. Please refer to Table 3 below.

Table 3

Service Guarantee Period

Point of Resignation / Termination*

Refund

(% of Placement (Months)

Fee)

1st month 75

3 2nd month 50

3rd month 25

1st & 2nd month 75

6 3rd & 4th month 50

5th & 6th month 25 * Refers to anytime within and up to the end of the specified month(s) in the table.

5.11 The Contractors shall bill MPA the placement fee after the candidates have commenced work with MPA.

5.12 If the candidates referred to MPA by the Contractor do not commence employment with MPA or withdraw their application for whatever reasons before the commencement of employment, MPA will not be liable for the placement fees for such candidates.

6 ACCOUNT MANAGEMENT AND SERVICE LEVEL STANDARDS

6.1 The Contractors shall propose at least one (1) Account Manager who shall be the single point of contact to serve MPA and perform the required services under this contract. The Account Manager shall be responsible for the management of ongoing operations, reporting, workflow process enhancements and customer satisfaction issues for the duration of the Contract.

7 EXECUTION

7.1 The Contractors shall execute the sourcing and recruitment services which includes the following: 7.1.1 MPA shall notify the Contractors of job requisitions via email notification to the Contractor’s Account Manager.

7.1.2 The Contractors must submit candidates’ profiles via email to ITD with the validity period of four (4) months from the date of submission.

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7.1.3 The Contractors shall be responsible for sourcing and screening of suitably qualified candidates based on the requirements furnished by MPA. All search and selection costs such as advertisement costs, etc., shall be borne by the Contractor.

7.1.4 The Contractors shall comply with the candidate submission turnaround

time of not more than four (4) weeks (unless otherwise agreed to by MPA), from date of receipt of the said requirements to recommendation of a suitable candidate. The Contractors must provide the following via email when they submit suitable profiles to MPA:

a) Curriculum vitae of the candidate

b) Summary report of the candidate including the Contractor’s assessment of the candidate

c) Availability of candidate

d) Optional: Current salary details of candidate (monthly base, allowances,

fixed/variable bonuses), and the expected salary (monthly/annual) details

7.2 The Contractors shall perform the following functions:

7.2.1 Communicate MPA’s expectation and requirements to all suitable candidates before proposing the candidate to MPA.

7.2.2 Coordinate interview scheduling with the shortlisted candidates. 7.2.3 Ensure that shortlisted candidates complete pre-interview assessment

and/or questionnaire as and when requested by MPA and submit to MPA at least two (2) working days before the interview.

7.2.4 Provide the following documents upon request by MPA:

a) Highest Qualification Certificate(s)

b) Softcopy of IC (front and back) or all other identification documents

7.2.5 All selected MPA contract candidates provided by the Contractor is subject to required security clearance, signing on the undertaking of official information and may be requested to go for a medical examination and the cost shall be borne by the Contractor. The Contractor shall co-operate with MPA and render all assistance necessary for clearing the candidate in the shortest possible time.

7.2.6 The Contractors shall fill in the New Hire Acceptance Form (Annex 1) and email to MPA when candidate is selected and has signed the letter of offer. This must be done before Purchase Order issuance. Annex 1 is subject to changes initiated by MPA and if necessary, new versions will be provided to the Contractor to replace the existing ones.

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7.2.7 MPA ITD must be informed when there is any change of the Contractor’s staff supporting MPA recruitment assignments or a change in the office address and/or contact details.

7.2.8 If no candidate is found suitable, the Contractors may be required to continue to source for suitable candidates until further notification by MPA.

7.2.9 MPA reserves the right to reject any of the candidates proposed by the Contractor, without having to give any reason or explanation to the Contractor.

7.2.10 The Contractors must manage the candidate expectations, especially of those assessed and not found suitable for a position in MPA.

7.2.11 The Contractors shall submit electronic invoicing to MPA for payment processing upon candidate’s commencement of work with MPA. The Contractors shall indicate the tender reference number and purchase order number on the e-invoice and attention it to ITD. To find out more about e-invoicing, please visit://www.vendors.gov.sg.

7.3 Purchase Order Contract Period

7.3.1 All obligations arising from a Purchase Order shall commence on the date of receipt by the Contractor of the Purchase Order and shall not expire until all Services ordered under the Purchase Order have been completed.

8 SUBMISSION REQUIREMENTS The following documents are to be submitted as supporting attachments electronically via GeBIZ:

8.1 Price Schedule Tenderer(s) shall provide a Schedule of Rates for the services on all charges set out in the tender in Section F.

8.2 Relevant Documents

(a) Tenderer(s) shall provide a valid Employment Agency Licence (Comprehensive Licence and/or Select Licence) issued by the Ministry of Manpower (MOM), or any valid certification of registration of company issued by the relevant authorities for overseas registered companies, nature of business, areas of specialisation (if any), experience of Account Manager, details of the Tenderer’s team, sourcing channels, and contact information of the person-in-charge, in the format specified in Annex 2.

(b) Tenderer(s) shall submit the relevant document(s) as proof that the tenderer

have not been issued any demerit points from MOM.

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8.3 Company Profile

(a) Tenderer(s) shall submit its industries/sectors/fields of specification with relevance to MPA’s scope of work, and where possible, an estimated percentage breakdown of the company’s total revenue associated with each stated industry related to MPA’s scope of work.

(b) Tenderer(s) shall submit a detailed resume of the Account Manager stating

their credentials, expertise, experience and their role in the management of this contract. The name, designation, email address, a Singapore phone number which is contactable during the Contractor’s office hours and curriculum vitae (CV) should be included.

(c) Tenderer(s) shall submit track records of IT or Cybersecurity manpower

placement services provided to other organisations or other public sector agencies for the past three (3) years, including the years of experience they have been in providing such technology manpower placement services in local industry, if applicable.

(d) Tenderer(s) shall provide key client list and a list of relevant positions that have

been successfully filled in the last twelve (12) months, in the format specified in Annex 3.

8.4 Proposed Search Methodology

(a) Tenderer(s) shall propose an effective and efficient methodology to provide the services in accordance with the specifications listed in this section. This includes but is not limited to the recruitment methodology, outreach strategies and screening process, process of managing and retaining employees.

(b) Tenderer(s) shall also indicate the years of industry experience, size and

average profile of their recruitment database in Singapore for various industries and specify the type of instruments, systems, software, online platform, etc. used, and any other relevant records and information that may help in MPA’s evaluation.

8.5 Service Level Standards & Value-added Services

(a) Tenderer(s) shall provide Service Level Standards in detailed terms with specific units of measurement, for example, response timeframe to MPA’s queries and invitations, etc.

(b) Tenderer(s) shall provide feedback or testimonials from past customers on

the reliability, responsiveness and timeliness of the recruitment search services provided and to provide two (2) client references that MPA can contact, using the format specified in Annex 4.

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8.6 Statement of Compliance

(a) The Tenderer shall include in his Tender Offer a paragraph-by-paragraph statement of compliance according to the section and paragraph references of the Requirement Specifications in Section E of the Invitation to Tender and state whether the specified requirements can be complied with, in the format as specified in Annex 5.

(b) It is imperative that all information requested be supplied accurately and

concisely. Failure to supply such information may render the Tender Offer disqualified for further consideration. Late submission of such information after the close of the Invitation to Tender shall not be entertained.

(c) For the avoidance of doubt, nothing in this Clause shall be construed as permitting the Tenderer to submit a Tender Offer which contains qualifications or variations if the Tenderer is otherwise prohibited from doing so by the terms in the Invitation to Tender.

(d) The only acceptable responses are:

i. “C” for “Full Compliance” – Able to fully comply with the requirements.

The Tenderer shall not add comments against the clause that vary the meaning of full compliance to the clause. However, comments indicating references to literature to substantiate the response is permissible. Any other comments which will vary the meaning of full compliance will be ignored.

ii. “NC” for “Non-Compliance”– Unable to comply with the requirements.

Explanatory note shall be provided to explain how by not complying, to what extent the requirement will be met.

iii. “N” for “Noted”.

(e) “N” shall be used only for paragraph, which are meant for information to

Tenderer. Where a blank is given in answer to a requirement or where “N” is used for a paragraph which states our requirement, the Authority may treat it as compliance or make conservative assumptions concerning the state of compliance.

8.7 Any other supporting documents or additional reports that would show the

Tenderer’s ability to manage the Contract effectively.

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ANNEX 1

NEW HIRE ACCEPTANCE FORM

Details of New Hire

Name:

IC No or Other Identification No:

Designation:

Start Date:

Supplier Information

Company:

Contact Person:

Details on E-Invoice

Name of Supplier:

Bill to: Maritime and Port Authority of Singapore 460 Alexandra Road #19-00 mTower, Singapore 119963

MPA Coordinator

Monthly Base Salary (S$):

Placement Fee Rate (%):

Placement Fee Payment

One-time Payment/Monthly Payment (Please select one option)

Billing Amount (S$)*:

Service Guarantee Period

(Months):

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Tender No.:

*a) Billable only after the candidate has commenced work b) For One-time Payment of Placement Fee Billing Amount (S$) = {Monthly Base Salary (S$) * 12} * Placement Fee Rate (%) c) For Monthly Placement Fee Billing Amount (S$) = Monthly Base Salary (S$) * Placement Fee Rate (%)

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ANNEX 2 Please provide all the information needed in the table listed below.

1) Tenderer’s Name

2) Employment Agency Licence Number

3) Nature of Business Core business:

Secondary business:

4) Specialisation (if any)

5) Account Manager’s Years of Experience

6) Details of Tenderer’s team (including the key Account Manager or point of contact)

(including information on the structure of the said team

and the curriculum vitae of the respective members in the said team)

7) List the sourcing channels used for candidate search

8) Name & contact details of person in-charge of this Tender

Name:

Designation:

Email:

Contact No:

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ANNEX 3 - CLIENT TRACK RECORDS Please list down relevant positions* filled for your key clients (in both public and private sectors) in the last twelve (12) months.

S/No. Clients Category Specialists / Roles No. of

Positions

1 <E.g. XYZ Pte Ltd> 1. < E.g. Application Development & Management

<e.g. Software Developer / Engineer

< E.g. 2>

2.

3.

4.

5.

2 1.

2.

3.

4.

5.

3 1.

2.

3.

4.

5.

4 1.

2.

3.

4.

5.

5 1.

2.

3.

4.

5.

* Please refer to para 5 Table 1 above for relevant positions

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ANNEX 4: CLIENT REFERENCES

Please provide two (2) client references below. Tenderers must inform their references prior to submission, ensuring that they are willing to complete a reference check form when approached by MPA.

Client Reference 1

Contact Person:

Designation:

Company:

Contact No:

Email:

Client Reference 2

Contact Person:

Designation:

Company:

Contact No:

Email:

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ANNEX 5: STATEMENT OF COMPLIANCE Reference - Section E: Requirement Specifications

Clause Heading Compliance* Explanatory Notes / Remarks (If NC)

3.1 Scope of Tender

3.2 Scope of Tender

3.3 Scope of Tender

3.4 Scope of Tender

3.5 Scope of Tender

3.6 Scope of Tender

3.7 Scope of Tender

4.1 Requirements of Contractor(s)




5.1 Scope of Services












6.1 Account Management and Service Level Standards

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7.1 Execution

7.1.1 Execution

7.1.2 Execution

7.1.3 Execution

7.1.4 Execution

7.2 Execution

7.2.1 Execution

7.2.2 Execution

7.2.3 Execution

7.2.4 Execution

7.2.5 Execution

7.2.6 Execution

7.2.7 Execution

7.2.8 Execution

7.2.9 Execution

7.2.10 Execution

7.2.11 Execution

7.3 Execution

7.3.1 Execution

8.1

Submission Requirements

8.2


8.3


8.4


8.5


8.6 Submission Requirements

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8.7 Submission Requirements

*Only the following symbols shall be used to indicate due compliance or otherwise: C - Able to fully comply

NC - Unable to fully comply N - Noted

F/1


(INC2100316/026/2021)

F SCHEDULE OF RATES Note: 1. The Tenderer shall key in the ‘Schedule of Rates’ electronically via GeBIZ before

the closing date of this Tender. As this is a critical criterion, failure to comply with this would cause your tender submission liable to be rejected.

2. The Tenderer shall refer to the Requirement Specifications stated in Section

E before submitting its Schedule of Rates.

3. The Tenderer shall quote for the items listed in this contract. The prices shall be used for any variation works involved during the contractual period.

4. The Schedule of Rates shall be fully completed. Tenders received with

incomplete Schedule of Rates may not be considered for evaluation. 5. The successful Tenderer shall be responsible for the execution of all the works

indicated in the Scope of Works. The prices quoted shall be inclusive of all costs for the works, including any out-of-pocket expenses but excluding the Goods and Services Tax. All other costs (including travelling expenses, if any) shall be deemed to have been included in the Tender Price. The unit rate shall be exclusive of Goods and Services Tax.

6. The Authority reserves the right to award some or all of the items listed in this

Schedule of Rates.

7. The Authority reserves the right to award to one or multiple Contractor(s) for the whole Contract.

8. The Tenderer may quote alternative offers. Alternative offers must be indicated

clearly and will not be considered unless a base offer has been submitted. The Tenderer shall list prices of alternative offers clearly in separate breakdown of Tender Price in the same format as per base offer.

9. The Authority reserves the right to call for presentation(s) and/or clarification meeting(s) before a final decision is made on the award of this Tender. All expenses incurred shall be borne by the Tenderer.

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(I) MAIN CONTRACT

Placement Fees for Contract Positions

No. Monthly Salary

Range1

Quotation

Placement Fee Rate2 (%)

Cap in placement fee if any (S$)

1 S$12,001 & above

2 S$10,001 - S$12,000

3 S$8,001 - S$10,000

4 S$6,001 - S$8,000

5 S$4,501 - S$6,000

6 S$4,500 & below

(Optional to quote)

1 The Tenderers shall quote their placement fee rates according to the salary ranges provided. Non-compliance shall result in disqualification.

2 The Tenderers shall quote their placement fee rate as a percentage of annual base salary (based on 12 months) of successful candidates. Non-compliance shall result in disqualification.

(Please note that the footnotes are part of the price schedule, do ensure to include in your submission)

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(INC2100316/026/2021)

G EVALUATION CRITERIA

Tenderers are advised that the following criteria listed shall be taken into consideration when the Authority evaluates this tender:

Critical Criteria Failure to comply with these criteria would cause your tender submission to be rejected.

• Registration with GRA Registration or certification with the appropriate Government Registration Authority (GRA), namely the Expenditure and Procurement Policies Unit of the Ministry of Finance (Budget Division) or the Building and Construction Authority (BCA) under one of these categories is required:

Registration Head Financial Head EPU/SER/19 S3 and above EPU/SER/34 S3 and above

• Electronic Submission of ‘Schedule of Rates’ via GeBIZ.

• Debarment Tender offers from Tenderers who are debarred on or after the closing date of tender shall be rejected.

• Eligibility

i. The Tenderer is to have a valid Employment Agency Licence issued by the Ministry of Manpower (MOM), or any valid certification of registration of company issued by the relevant authorities for overseas registered companies and submit the relevant document(s) as proof of compliance.

Ii The Tenderer must not have been issued any demerit points from MOM

on or after the closing date of the tender and submit the relevant document(s) as proof of compliance.

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Other Criteria The following criteria have been ranked based on order of importance with Rank 1 to be the most important.

1 Compliance with Requirement Specifications

Tenderers’ understanding of this project, comprehensiveness and quality of the proposal including proposed search methodology, effective and documented processes such as recruitment, understanding of the industry, etc.

2 Relevant Experience / Track Record

Tenderers shall have relevant experience and knowledge and shall possess a good track record. Tenderers shall submit track records of similar services provided to the other organisations or other public sector agencies and/or including the years of experience in providing IT or Cybersecurity manpower placement services in local industry, if applicable.

3 Price Competitiveness

The price quoted shall be reasonable and cost effective. Pricing must be in Singapore Dollars.

4 Compliance with Terms and Conditions

5 Financial Capability

Tenderers shall have sound and adequate financial capability to undertake this project.

(to be completed and attached in GeBIZ) H/1


(INC2100316/026/2021) H FORM OF TENDER To : Maritime and Port Authority of Singapore 460 Alexandra Road #19-00 mTower Singapore 119963 Sir, 1 We offer and undertake on your acceptance of this Tender Offer to supply goods and services as specified in the Requirements Specifications in accordance with the Instructions to Tenderer in your Invitation to Tender and the terms and conditions as agreed upon between you and us. 2 Our Tender Offer includes at least one offer which is fully consistent with and does not contradict or derogate from anything in your Invitation to Tender. We may include in our Tender Offer, alternative offer(s) which include qualifications or variations permitted under the Instructions to Tenderers. 3 Where required by you, we shall execute a formal agreement in the appropriate form incorporating the terms and conditions as agreed upon between you and us. Until the said formal agreement is executed, this Tender Offer together with your written acceptance, shall constitute a binding agreement between us. 4 OUR OFFER IS VALID FOR the Validity Period as specified in the Invitation to Tender and for any such extension of the period as may be agreed in writing by the Tenderer at the request of the Authority. 5 Our prices for the goods and services to be supplied by us are stated in the breakdown of tender price or price schedule attached to our Tender Offer. 6 We further undertake to give you any further information which you may require. 7 We warrant, represent and declare that we have the power to enter into, perform and deliver, and have taken all necessary action to authorise our entry into, performance and delivery of, the binding agreement upon your written acceptance of our Tender Offer. Name of Tenderer : _____________________________________________ Date of declaration : _____________________________________________ [No handwritten signature or company stamp is required for documents submitted through GeBIZ. The Government/Statutory Board shall be entitled to rely on the use or entry of the prescribed Authentication Device (as defined in the Terms and Conditions For Use Of The Government Electronic Business) by the Tenderer or its representative(s) as the authorised signature of the Tenderer, as conclusive evidence of the authenticity of the submitted document and the authority of the originator of the submitted document.]

Note : If the Tender Offer is submitted by a consortium, each member of the consortium shall be listed in your tender proposal and indicate clearly the Lead member and other Consortium members accordingly. The Lead Member of the consortium shall submit the Tender Offer on behalf of the consortium members. Documentary proof must be provided that the Lead Member is authorised by all members of the consortium to submit, sign the Tender Offer, receive instructions, give any information, accept any contract and act for and on behalf of all the members of the consortium.

(to be completed and attached in GeBIZ)

MARITIME AND PORT AUTHORITY OF SINGAPORE

PARTICULARS OF TENDERER

1 Name of Company

:

2 Registered Address

:

3 Business Address

:

4 Contact Person

:

5 Telephone No

:

6 Fax No

:

7 Email Address

:

8 GST Registration No.

:

9 Business Registration Certificate No

: (Please submit a copy of the company’s Business Profile obtained from the Accounting and Corporate Regulatory Authority not more than 7 days before the stipulated tender closing date.)

10 Company Status : Local / Foreign Ownership (delete accordingly)

(Please submit a copy of the company’s annual reports containing audited financial accounts of the last 2 years. Financial statements must be certified by the Company’s Auditors.)

(to be completed and attached in GeBIZ)

11 DETAILS OF RECENT CONTRACTS AND CURRENT CONTRACTS CARRIED OUT BY COMPANY

PARTICULARS OF CONTRACT

CONTRACT PERIOD

FROM TO

ACTUAL OR EXPECTED

COMPLETION DATE

VALUE OF

WORKS

NAME / ADDRESS / EMAIL /

TELEPHONE NO. OF CLIENT

ANY LIQUIDATED

DAMAGES IMPOSED FOR LATE

COMPLETION

TENDER SUBMISSION CHECKLIST For submission of tender, the Tenderer shall ensure that all of the following have been furnished for the Authority’s consideration. This checklist is to be completed and submitted together with the tender via GeBIZ.

No Description Tick if

“Yes” or “NA”

1 Electronic Submission

Have you submitted the tender prices and relevant documents via GeBIZ as specified in the Tender?

2 ACRA Printout

Have you submitted a copy of the company’s Business Profile from the ACRA?

(Note : ACRA printout must contain information not more than 7 days from the closing date of the Tender)

3 Financial Reports

Have you submitted a copy of Annual Reports containing audited financial accounts of the last 2 years?

(Note : Financial statements must be certified by the Company’s Auditors)

4 Consortium or Joint Venture

Have you informed the Authority if the tender is submitted by two or more firms forming a consortium or joint venture?

5 Tender document

Have you informed the Authority if the tender submitted is in the name of another tenderer including subsidiary or associated company or joint venture?

6

Alternative Offers

Have you proposed any alternative offer(s) in your Tender Proposal? Yes No

Have you indicated the alternative offer(s) clearly in the Form of Tender?

Application Form for Participation in IBG Scheme (It should take about 10 to 15 minutes to complete this form.)

IMPORTANT:

PLEASE SEND THE ORIGINAL COMPLETED FORM TO MPA ONLY AFTER YOUR BANK HAS COMPLETED PART 2 OF THIS FORM, I.E. CONFIRMED THAT THE AUTHORISED SIGNATURE(S) AND BANK ACCOUNT DETAILS ARE IN ORDER.

PART I - TO BE COMPLETED BY VENDOR To: Maritime and Port Authority of Singapore

460 Alexandra Road

#19-00 mTower

Singapore 119963

Tel: 1800 272 7777

COMPANY INFORMATION (AS IN BANK’S RECORD)

(Attn: Financial Accounting Dept – Accounts Payable Section)

Name and Address of Company UEN No. (Company Registration No.)

GST Registration No.

Postal Code ( )

Contact Person/ Designation Telephone No.

Contact Person’s E-mail Fax No.

I/We authorise Maritime and Port Authority of Singapore (MPA) to credit payments due to me/us to the account stated below. Amounts credited would constitute valid discharge of obligations due to me/us. Name of Bank Swift BIC

Bank Account Name Bank Account Number to Be Credited

This authorisation will remain in force until expressly revoked by your written notice to us 30 days in advance before the change. I/We hereby consent to the relevant Bank’s disclosure of information relating to me/us as requested for in this document.

Date Authorised Signature(s)

(As in bank records)

PART II - TO BE COMPLETED BY VENDOR’S BANK

To: Maritime and Port Authority of Singapore We hereby confirm that the signature(s) affixed in Part 1 above and particulars of the bank account are consistent with our records.

Name of Bank & Official Stamp Authorised Signature(s) & Date

PART III - TO BE COMPLETED BY MPA

Signature / Date received Vendor Number Assigned

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Specimen B

[On Company’s letterhead]

[Date] The Maritime and Port Authority of Singapore 460 Alexandra Road #18-00 mTower Singapore 119963 Dear Sirs

CORPORATE CONFIDENTIALITY AND SECRECY UNDERTAKINGS

1. We refer to Tender No. ________________________ which we submitted to the Maritime and Port Authority of Singapore (“MPA”) on [date] in connection with [Name of Tender], and which MPA accepted via its Letter of Acceptance dated ________________ (“the Contract”). 2. We hereby acknowledge that our attention has been drawn to Section 5 of the Official Secrets Act (Cap 213, Revised Edition 2012) (‘the OSA’). 3. We acknowledge that Confidential Information and/or Secret Information has been and/or may continue to be obtained or received by us or any of our Representatives from MPA or any source in connection with the Contract and further acknowledge that Section 5 of the OSA, as the case may be, applies to any Secret Information we receive. 4. As a condition of our receipt of Confidential Information and/or Secret Information for the purposes of the Contract, we hereby irrevocably undertake to MPA:

(a) to keep all such information strictly secret and confidential; (b) to use such information solely for the purposes of the Contract; (c) not to use, publish, communicate or otherwise disclose, or permit or cause to be

used, published, communicated or otherwise disclosed, any such information to any third party without the prior written consent of MPA;

(d) to disclose such information only to our Representatives who require access to

the same for the purposes of the Contract, and only after they have signed confidentiality and secrecy undertakings that are no less strict than those set out herein, and in such form as may be approved by MPA,;

(e) to indemnify MPA for any and all losses, liabilities, expenses, charges, damages,

fees and costs sustained or incurred by MPA, arising out of or in connection with any and all breaches of confidentiality by us, or persons who have received such information from us, including our Representatives.

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5. Paragraph 4 herein shall not apply to any part of the Confidential Information and/or Secret Information which is or has become public knowledge without any breach of our undertakings herein or the confidentiality and secrecy undertakings of our Representatives to MPA or the disclosure of Confidential Information and/or Secret Information pursuant to or in accordance with a court order or any breach of any law including but not limited to Section 5 of the OSA.

6. We further understand and agree that: –

(a) our undertakings herein shall survive the complete performance or termination of the Contract for whatsoever reason;

(b) in addition to such other rights and remedies as MPA may have against us, any

breach of our undertakings herein shall entitle MPA to immediately terminate the Contract without notice;

(c) in the event of complete performance of the Contract or earlier termination of the Contract for any reason whatsoever, we shall within thirty (30) days of the occurrence of such event, without any demand being made, return to MPA all Confidential Information and/or Secret Information in our possession, together with any copies thereof and shall furnish MPA with evidence that all soft copies of such information have been deleted; and

(d) any breach of our undertakings in respect of Secret Information herein may

render us liable for prosecution under Singapore law including but not limited, in respect of any Secret Information received, to prosecution for breach of Section 5 of the OSA.

7. For the purposes of this Undertaking:

“Confidential Information” includes any and all information, communications photographs, drawings, articles, designs, models, prototypes, slides, films, videotapes, drawings, maps, plans, records, reports, papers and other documents, data specifications, testing procedures and/or other material whether of scientific, technical, commercial, financial, business or any other nature, and other information relating to the affairs and activities of MPA, including all or any human readable or computer or other machine readable data, logic, logic programs or other materials relating to or comprised in any software furnished or provided by MPA, whether directly or indirectly through any of their Representatives, at any time prior on or after the date of this Undertaking for the purposes of the Contract.

“Representatives”, in relation to any organisation, means its servants, agents, directors, employees and officers. “Secret Information” means any and all information and communications, in any form whatsoever, as protected under the Official Secrets Act (Cap. 213) (“the OSA”).

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Yours faithfully [Name] [Designation] [Company]

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Section 5 of the OSA provides that — (1)(d) If any person having in his possession or control any secret official code word, countersign or password, or any photograph, drawing, plan, model, article, note, document or information which has been entrusted in confidence to him by any person holding office under the Government does any of the following: (i) communicates directly or indirectly any such information or thing as aforesaid to any foreign Power other than a foreign Power to whom he is duly authorised to communicate it, or to any person other than a person to whom he is authorised to communicate it or to whom it is his duty to communicate it; (ii) uses any such information or thing as aforesaid for the benefit of any foreign Power other than a foreign Power for whose benefit he is authorised to use it, or in any manner prejudicial to the safety or interests of Singapore; (iii) retains in his possession or control any such thing as aforesaid when he has no right to retain it, or when it is contrary to his duty to retain it, or fails to comply with all lawful directions issued by lawful authority with regard to the return or disposal thereof; (iv) fails to take reasonable care of, or so conducts himself as to endanger the safety or secrecy of, any such information or thing as aforesaid, that person shall be guilty of an offence.

Page 1 of 3

Specimen C

[Date] The Maritime and Port Authority of Singapore 460 Alexandra Road #18-00 mTower Singapore 119963 Dear Sirs

INDIVIDUAL CONFIDENTIALITY AND SECRECY UNDERTAKINGS

1. I refer to Tender No. ________________________ which [Name of Company] submitted to the Maritime and Port Authority of Singapore (‘MPA’) on [date] in connection with [Name of Tender], and which MPA accepted via its Letter of Acceptance dated ________________ (‘the Contract’).

2. I acknowledge that my attention has been drawn Section 5 of the Official Secrets Act (Cap 213, Revised Edition 2012) (the “OSA”).

3. I acknowledge that Confidential Information and/or Secret Information has been and/or

may continue to be obtained or received by me from MPA or any source in connection with the Contract and further acknowledge Section 5 of the OSA, as the case may be, applies to any Secret Information received by me. 4. As a condition of my receipt of the Confidential Information and/or Secret Information for the purpose of the Contract, I hereby irrevocably undertake to MPA:

(a) to keep all such information as strictly secret and confidential;

(b) to use such information solely for the purposes of the Contract;

(c) not to use, publish, communicate or otherwise disclose, or permit or cause to be used, published, communicated or otherwise disclosed, any such information to any third party without the prior written consent of MPA;

(d) to indemnify MPA for any and all losses, liabilities, expenses, charges, damages,

fees and costs sustained or incurred by MPA, arising out of or in connection with any and all breaches of confidentiality by me.

5. Paragraph 4 herein shall not apply to any part of the Confidential Information and/or Secret Information which is or has become public knowledge without any breach of my undertakings herein or the confidentiality and secrecy undertakings of our Representatives to MPA or any contravention of any law relating to confidence and secrecy including but not limited Section 5 of the OSA.

Page 2 of 3

6. I further understand and agree that: –

(a) my undertakings herein shall survive the complete performance or termination of the Contract for whatsoever reason;

(b) in addition to such other rights and remedies as MPA may have against me, any breach of my undertakings herein shall entitle MPA to immediately terminate the Contract without notice;

(c) in the event of complete performance of the Contract or earlier termination of the Contract for any reason whatsoever, I shall within thirty (30) days of the occurrence of such event, without any demand being made, return to MPA Confidential Information and/or Secret Information in my possession, together with any copies thereof and shall furnish MPA with evidence that all soft copies of such information have been deleted; and

(d) any breach of my undertakings herein shall render me liable for prosecution under Singapore law including in respect of any Secret Information received, to prosecution for breach of Section 5 of the OSA.

7. For the purposes of this Undertaking:

“Confidential Information” includes any and all information, communications photographs, drawings, articles, designs, models, prototypes, slides, films, videotapes, drawings, maps, plans, records, reports, papers and other documents, data specifications, testing procedures and/or other material whether of scientific, technical, commercial, financial, business or other nature, and other information relating to the affairs and activities of MPA, including all or any human readable or computer or other machine readable data, logic, logic programs or other materials relating to or comprised in any software furnished or provided by MPA, whether directly or indirectly through any of their Representatives, at any time prior on or after the date of this Undertaking for the purposes of the Contract

“Representatives”, in relation to any organisation, means its servants, agents, directors, employees and officers. “Secret Information” means any and all information and communications, in any form whatsoever, as protected under the Official Secrets Act (Cap. 213) (“the OSA”).

Yours faithfully [Name] [Address]

Page 3 of 3

Section 5 of the OSA provides that — (1)(d) If any person having in his possession or control any secret official code word, countersign or password, or any photograph, drawing, plan, model, article, note, document or information which has been entrusted in confidence to him by any person holding office under the Government does any of the following: (i) communicates directly or indirectly any such information or thing as aforesaid to any foreign Power other than a foreign Power to whom he is duly authorised to communicate it, or to any person other than a person to whom he is authorised to communicate it or to whom it is his duty to communicate it; (ii) uses any such information or thing as aforesaid for the benefit of any foreign Power other than a foreign Power for whose benefit he is authorised to use it, or in any manner prejudicial to the safety or interests of Singapore; (iii) retains in his possession or control any such thing as aforesaid when he has no right to retain it, or when it is contrary to his duty to retain it, or fails to comply with all lawful directions issued by lawful authority with regard to the return or disposal thereof; (iv) fails to take reasonable care of, or so conducts himself as to endanger the safety or secrecy of, any such information or thing as aforesaid, that person shall be guilty of an offence.