LAMPIRAN B/CW/K-B (2008)

SPECIAL PROVISIONS TO THE CONDITIONS OF CONTRACT

(VARIATION OF PRICE) FOR CIVIL ENGINEERING WORKS

A. VARIATION IN PRICE OF BUILDING MATERIALS

1. Adjustments (upwards and downwards) shall be made to the monthly interim

payments and finally to the Contract Sum where there is variation in the Unit Prices in
respect of selected “Materials” described hereunder:

(i) Cement
(ii) Steel Bar Reinforcement
(iii) Premix (Asphaltic Concrete and Bituminous Macadam)
(iv) Sand
(v) Aggregates and Crusher Run
(vi) Water Pipe and Sewerage Pipe
(vii) Corrugated Steel Beam Guardrail
(viii) Steel Fabric Reinforcement

2. Reference Publication

The reference publication to determine the “Unit Prices” of Materials specified in

paragraph 1 shall be the Special Release 1 published by the Department of Statistics in
the particular month in which the Materials are delivered to site for use.

3. Basic Unit Prices of Materials

The “Basic Unit Prices” for the purposes of calculating variation of price for the
Materials specified in paragraph 1 shall be the appropriate Unit Prices of the Materials
as stated in the Special Release 1 published by the Department of Statistic for the
month during which the tender closes and shall be inserted in the Appendix A to this
provision prior to the signing of the Contract.

4. Variation in Price of Materials

(i) Any adjustments will only be made where there is variation in price in respect of
Materials specified in paragraph 1 and against which Basic Unit Prices are given
in Appendix A to this provision.

(ii) Where a Contractor has paid a higher or lower price for the Materials as
compared to the Basic Unit Price specified in Appendix A to this provision, the
Contract Sum shall be accordingly increased or decreased provided that such
increase or decrease shall not exceed the difference between the Basic Unit Price
specified in Appendix A to this provision and the Unit Price stated in the
Special Release 1 published by the Department of Statistics in the particular
month in which the Materials are delivered to site for use.

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5. Quantity of Materials Subject to Variation of Price

(i) Quantities for the Materials specified in paragraph 1 shall be pre-ascertained by

the Superintending Officer (S.O.) at the time of tendering and inserted in
Appendix A to this provision. The quantities so ascertained shall be the
maximum quantities subject to price variation under this provision.

(ii) The maximum quantities as fixed in Appendix A to this provision may be varied
only when the original scope of works have been varied. The adjustment of the
maximum quantities of the Materials shall be made proportionately to the
variation of the scope of the work in which the relevant Materials so relate.

6. Works Not Included

(i) This provision shall not apply to any of the Materials which have been used in
works which shall have been rejected by the S.O. or which have been executed
in places outside the limits of the site without the prior approval of the S.O.

(ii) The Contractor shall keep accurate and complete records of all Materials or
other items required for the replacement of works rejected by the S.O. The
quantities of the Materials which have been used in works rejected by the S.O.
shall be excluded from any claims for price variations under this provision.

7. Contract Period and Extension

This provision shall only apply to works done within the Contract Period and any
extended period which had been allowed in accordance with the terms of the
Contract.

8. Works Executed Outside the Period Permitted Under Contract

This provision shall not apply to works carried out by the Contractor outside the
period permitted under the terms of Contract except in the following case:-

Where the quantity of Materials used by the Contractor within the period permitted
under the terms of Contract is less than that specified in Appendix A to this
provision, adjustments shall be made to the Contract Sum in respect of the balance of
the Materials where there is variation in price notwithstanding that the balance of
Materials is used beyond the period permitted under the Contract provided that:

(i) In the case of any increase in prices, adjustments will only be made if the
increase does not exceed the Unit Price stated in the Special Release 1 issued by
the Department of Statistics in the final month of the period permitted under the
Contract.

(ii) In the case of any reduction in price, adjustments will be made in accordance
with paragraph 4 (ii).

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9. Notification and Documentary Evidence

(i) The Contractor shall within a reasonable time give the S.O. written notice of any
variation in the price of Materials.

(ii) The S.O. may at any time call for invoices, receipts and such other documentary
evidence as may be required. The Contractor shall not withhold any information
or documentary evidence as required by the S.O.

B. VARIATION IN PRICE OF PETROLEUM PRODUCTS

(AUTOMOTIVE GAS OIL (DIESOLINE), FUEL OIL AND BITUMEN)

1. Adjustments (upwards and downwards) shall be made to the monthly interim

payments and finally to the Contract Sum where there is variation in the Unit Price in
respect of selected “Materials” described hereunder:

(i) Automotive Gas Oil (Diesoline)

(ii) Fuel Oil (Light and Medium)
(iii) Bitumen

2. Unit Prices of Material

The Unit Prices of Automotive Gas Oil (Diesoline), Fuel Oil and Bitumen for the
purposes of calculating variation of prices shall be based on the following:

(i) Government Control Price

The Unit Price of Automotive Gas Oil (Diesoline) shall be tied to the
Government of Malaysia Controlled Prices as established by the Ministry of
Domestic Trade and Consumer Affairs.

(ii) Posted Price from SHELL MALAYSIA

The Unit Price of Fuel Oil (Light and Medium) is based on the Posted Prices for
medium fuel as obtained from SHELL MALAYSIA.

(iii) Average ex-Port Klang Price

The Unit Price of Bitumen 80/100 Penetration Grade shall be based on the
average ex-Port Klang price quoted to contractors by the main suppliers.

3. Reference Publication

The reference publication to determine the “Unit Prices” of Materials specified in

paragraph 1 shall be the Special Release 1 published by the Department of Statistics in
the particular month in which the Materials are consumed or incorporated into the
works.

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4. Basic Unit Prices of Materials

The “Basic Unit Prices” for the purposes of calculating variation of price for the
Materials specified in paragraph 1 shall be the appropriate Unit Prices of the Materials
as stated in the Special Release 1 published by the Department of Statistic for the
month during which the tender closes and shall be inserted in the Appendix A to this
provision prior to the signing of the Contract.

5. Variation In Prices of Materials

(i) Any adjustments will only be made where there is variation in price in respect of
Materials specified in paragraph 1 and against which Basic Unit Prices are given
in Appendix A to this provision irrespective of the actual purchase prices of the
Materials by the Contractor and whether the Materials are purchased locally or
otherwise.

(ii) When there is a variation in the Basic Unit Prices of the Materials, the amount
payable at a particular month upon the issue of the monthly certificates of
progress payment or the final certificate shall be increased or decreased by the
amount based on the ACTUAL differences between the Basic Unit Prices and
the Unit Prices of the Materials at a particular month.

6. Variation Must Be Greater Than Five Per Cent (5%)

Adjustment shall only be made to the Contract Sum when the variation (increase or
decrease) in the Basic Unit Prices of the Materials is greater than 5%. Where the
variation (increase or decrease) in prices is greater than 5% the full amount of the
variation shall be added to or deducted from the Contract Sum.

7. Quantities of Materials Subject to Variation of Price

(i) The Contractor shall submit together with his Tender an estimate of the total
requirements of the Materials (diesel, fuel oil and bitumen) for the Contract and
such estimate shall be supported by documentary evidence. The estimate of the
quantities submitted by the Contractor shall be subject to verification and
adjustment by the S.O. as may be necessary before the signing of the Contract.
The quantities so ascertained shall be the maximum quantities subject to price
variation under this provision. Provided that if the Contractor fails to submit such
estimate or any documentary evidence in support thereof, the S.O. shall make a
reasonable assessment of the quantities of the Materials for the Contract.

(ii) The maximum quantities as fixed in Appendix A to this provision may be varied
only when the original scope of works have been varied. The adjustment of the
maximum quantities of the Materials shall be made proportionately to the
variation of the scope of the work in which the relevant Materials so relate.

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(iii) The Contractor shall submit to the S.O. monthly returns with documentary
evidence on the quantities of the Materials consumed or incorporated into the
works, as the case may be, during the particular month. Such quantities of the
Materials shall be verified by the S.O. and shall be used as the basis of
implementing this provision as described herein:

(a) Automotive Gas Oil (Diesoline) and Fuel Oil

At the end of each month the Contractor is required to submit

documentary evidences of purchases and consumption of Automotive Gas
Oil (Diesoline) and Fuel Oil during the month. The Contractor shall keep
records of the consumption of the Materials by individual item of plants
which shall be verified and certified by the S.O. The quantities so certified
shall be used as the basis for the application of this provision. The
Contract Sum shall be increased or decreased by such amount derived by
multiplying the quantities of the Materials so certified by the S.O. by the
actual differences between the Basic Unit Prices and the Unit Prices of the
Materials for that particular month. Provided always Automotive Gas Oil
(Diesoline) and Fuel Oil consumed outside the limit of the site shall not be
included in the computation of the quantities except diesoline used in the
transportation of imported earth to the site for use in the works and
disposal of unsuitable materials off site.

(b) Bitumen

The quantities of Bitumen used for the purposes of calculating variations in

Basic Unit Prices of the Material shall be the quantities of the Materials
incorporated into the works (except Bitumen used in Premix) during a
particular month. Such quantities must be verified and certified by the S.O.
The Contract Sum shall be increased or decreased by such amount derived
by multiplying the quantities so certified by the S.O. by the actual
difference between the Basic Unit Price and the Unit Price of the Material
for that particular month.

(c) Provided always that this provision shall only apply to such quantities of the
Materials as are fixed in Appendix A to this provision or such adjusted
amounts under paragraph 7 (ii) above and shall not apply to any quantity
in excess thereof.

(d) Should the Contractor fail to submit such details of monthly returns or
documentary evidence of the quantities of the Materials consumed and/or
incorporated into the works, the S.O. reverses the right to make a
reasonable assessment of the quantities of the Materials consumed and/or
incorporated into the works for the particular month Such quantities
assessed by the S.O. shall be used as the basis of implementation of this
provision as described herein.

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8. Works Not Included

(i) This provision shall not apply to any of the Materials which have been used in
works which shall have been rejected by the S.O. or which have been executed
in places outside the limits of the site without the prior approval of the S.O.

(ii) The Contractor shall keep accurate and complete records of all Materials or
other items required for the replacement of works rejected by the S.O. The
quantities of the Materials which have been used in works rejected by the S.O.
shall be excluded from any claims for price variations under this provision.

9. Contract Period and Extension

This provision shall only apply to works done within the Contract Period and any
extended period which had been allowed in accordance with the terms of the
Contract.

10. Works Executed Outside the Period Permitted Under Contract

This provision shall not apply to works carried out by the Contractor outside the
period permitted under the terms of Contract except in the following case:

Where the quantity of Materials used by the Contractor within the period permitted
under the terms of Contract is less than that specified in Appendix A to this
provision, adjustments shall be made to the Contract Sum in respect of the balance of
the Materials where there is variation in price notwithstanding that the balance of
Materials is used beyond the period permitted under the Contract provided that:

(i) In the case of any increase in prices, adjustments will only be made if the
increase does not exceed the Unit Price stated in the Special Release 1 issued by
the Department of Statistics in the final month of the period permitted under
the Contract.

(ii) In the case of any reduction in price, adjustments will be made in accordance
with paragraph 5 and 6 above.

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 Appendix A

LIST OF MATERIALS TOGETHER WITH QUANTITIES AND BASIC UNIT PRICES

SUBJECT TO PRICE VARIATION IN ACCORDANCE WITH THE “SPECIAL
PROVISIONS TO THE CONDITIONS OF CONTRACT
(VARIATION OF PRICE) FOR CIVIL ENGINEERING WORKS"

Materials Unit Quantity Basic Unit Price

A. Mild Steel Round Bars, BS 4449
- 10mm (3/8”) Metric Ton *
- 12mm (1/2”) ” *
- 16mm (5/8”) ” *
- 20mm – 25mm (3/4” – 1”) ” *
- 32mm (1 1/4”) ” *

B. High Tensile Deformed Bars

- 10mm (3/8”) ” *
- 12mm (1/2”) ” *
- 16mm – 25mm (5/8” – 1”) ” *
- 28mm (1 1/8”) ” *
- 32mm (1 ¼”) ” *

C. Ordinary Portland Cement, BS 12

used in:-
- On-site/ready-mixed structural 50 kg. Bag *
and non-structural works;
- Precast concrete components ” *

D. Premix Asphaltic Concrete

- AC 10 (Wearing Course) Metric Ton *
- AC 14 (Wearing Course) ” *
- AC 28 (Binder Course) ” *
- ACW 20 (Wearing Course) ” *

E. Premix Bituminous Macadam

- BMR40 (Bound Roadbase) ” *
- BMR28 (Bound Roadbase) ” *
- BML10 (Levelling Course) ” *
- BMB28 (Binder Course) ” *
- BMB20 (Binder Course) ” *
- BMW14 (Wearing Course) ” *
- BMW20 (Wearing Course) ” *

F. Sand
- River sand Metric Ton *
- Mining sand ” *

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 Materials Unit Quantity Basic Unit Price
G. Aggregates (for concreting in-
situ/precast and others)
- 10mm (3/8”) Metric Ton *
- 20mm (3/4”) ” *
- 40mm (1 ½”) ” *

H. Crushed Aggregate (Crusher Run)

- 0.075mm ” *
- 0.425mm ” *
- 2mm ” *
- 5mm ” *
- 10mm ” *
- 20mm ” *
- 28mm ” *
- 37.5mm ” *
- 50mm ” *

I. Water Pipe and Sewerage Pipe

- Mild Steel Pipe M *
- Ductile Iron Pipe ” *
- HDPE Pipe ” *
- UPVC pipe ” * Refer to
- VC pipe ” * Appendix B
- ABS pipe ” *
- Stainless steel pipe ” *
- Reinforced concrete pipe ” *

J. Corrugated Steel Beam Guardrail

- Single mounted
1.95m post spacing M *
3.8m post spacing ” *

- Double mounted
1.95m post spacing ” *
3.8m post spacing ” *

K. High Yield Steel Fabric, MS145

- Square Mesh
Ref. No. A6 - A10 Kg *
Ref. No. A4 - A5 ” *

- Rectangular Mesh
Ref. No. B12 ” *
Ref. No. B6 - B10 ” *
Ref. No. B5 ” *

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 Materials Unit Quantity Basic Unit Price
- Long Square Mesh
Ref. No. C5 - C10 Kg *

- Small Square Mesh

Ref. No. DA6 - DA10 ” *
Ref. No. DA4 - DA5 ” *

L. Automotive Gas Oil (Diesoline) Litre **

M. Fuel Oil (Light/Medium) Litre **

N. Bitumen 80/100 Penetration Metric Ton **

Grade in Prime Coat, Tack Coat
and Surface Dressing

* Quantities shall be pre-ascertained by the Superintending Officer at the time of

tendering.

** These quantities shall be estimated by the Contractor at the time of tender. Such
quantities shall be verified and adjusted by the Superintending Officer before the signing
of the Contract.

Notes:

1. The above quantities are intended for the purpose of price variation only and do not
necessarily reflect the actual quantities required for the Contract. The Contractor shall
ascertain himself the actual quantities required upon which his tender is deemed to
have been based.

2. Price Variation shall be applied to the above quantities fixed or actual quantities used,
whichever is the lesser.

3. The quantities of materials (subject to those listed above) used in precast concrete
components shall be determined and included in the quantities for relevant materials
above. The computation for price variation shall be considered when the completed
precast components are delivered to site for use.

4. The “Basic Unit Prices” shall be the appropriate Unit Price as stated in the Special
Release 1 published by the Statistics Department for the month during which the
tender closes and only need to be inserted prior to the signing of the Contract
Document.

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 Appendix B

LIST OF CATEGORIES AND SIZES OF PIPES

TOGETHER WITH QUANTITIES AND BASIC UNIT PRICES
SUBJECT TO PRICE VARIATION IN ACCORDANCE WITH
THE “SPECIAL PROVISIONS TO THE CONDITIONS OF CONTRACT
(VARIATION OF PRICE) FOR CIVIL ENGINEERING WORKS"

Categories and Sizes Quantity (M) Unit Price Price Basic Unit
of Pipes For Basic Adjustment Price
Material Factor
A. Mild steel pipe

(i) 100 mm ‡ *
(ii) 125 ” *
(iii) 150 ” *
(iv) 200 ” *
(v) 250 ” *
(vi) 300 ” *
(vii) 350 ” *
(viii) 400 ” *
(ix) 450 ” *
(x) 500 ” *
(xi) 550 ” *
(xii) 600 ” *
(xiii) 650 ” *
(xiv) 700 ” *
(xv) 750 ” *
(xvi) 800 ” *
(xvii) 850 ” *
(xviii) 900 ” *
(xix) 950 ” *
(xx) 1000 ” *
(xxi) 1200 ” *
(xxii) 1400 ” *
(xxiii) 1600 ” *
(xxiv) 1800 ” *
(xxv) 2000 ” *
(xxvi) 2100 ” *
(xxvii) 2200 ” *

B. Ductile Iron pipe

(i) 80 mm ‡ *
(ii) 100 ” *
(iii) 150 ” *
(iv) 200 ” *
(v) 250 ” *
(vi) 300 ” *
(vii) 350 ” *
(viii) 400 ” *

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 Categories and Sizes Quantity (M) Unit Price Price Basic Unit
of Pipes For Basic Adjustment Price
Material Factor
(ix) 450 mm ‡ *
(x) 500 ” *
(xi) 600 ” *
(xii) 700 ” *
(xiii) 800 ” *
(xiv) 1000 ” *
(xv) 1200 ” *

C. HDPE pipe

1. HDPE (Profile)

(i) 100 mm ‡ *
(ii) 110 ” *
(iii) 150 ” *
(iv) 160 ” *
(v) 180 ” *
(vi) 200 ” *
(vii) 225 ” *
(viii) 250 ” *
(ix) 280 ” *
(x) 300 ” *
(xi) 315 ” *
(xii) 345 ” *
(xiii) 355 ” *
(xiv) 375 ” *
(xv) 450 ” *
(xvi) 600 ” *
(xvii) 750 ” *
(xviii) 900 ” *
(xix) 1200 ” *
(xx) 1500 ” *
(xxi) 3000 ” *

2. HDPE (Solid) (a)

(i) 100 mm ‡ *
(ii) 150 ” *
(i) 225 ” *
(ii) 250 ” *
(iii) 300 ” *
(iv) 350 ” *
(v) 400 ” *
(vi) 450 ” *
(vii) 750 ” *
(viii) 900 ” *
(ix) 1050 ” *
(x) 1800 ” *

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 Categories and Sizes Quantity (M) Unit Price Price Basic Unit
of Pipes For Basic Adjustment Price
Material Factor
3. HDPE (Solid) (b)

(i) 20 mm ‡ *
(ii) 25 ” *
(iii) 32 ” *
(iv) 40 ” *
(v) 50 ” *
(vi) 63 ” *
(vii) 75 ” *
(viii) 90 ” *
(ix) 110 ” *
(x) 125 ” *
(xi) 150 ” *
(xii) 160 ” *
(xiii) 180 ” *
(xiv) 225 ” *
(xv) 250 ” *
(xvi) 280 ” *
(xvii) 315 ” *
(xviii) 355 ” *

D. UPVC pipe

1. UPVC/PE (Profile)

(i) 100 mm ‡ *
(ii) 110 ” *
(iii) 150 ” *
(iv) 155 ” *
(v) 160 ” *
(vi) 200 ” *
(vii) 225 ” *
(viii) 250 ” *
(ix) 315 ” *
(x) 350 ” *
(xi) 400 ” *
(xii) 500 ” *
(xiii) 600 ” *
(xiv) 800 ” *
(xv) 1000 ” *

2. UPVC/PE (Solid)

(i) 100 mm ‡ *
(ii) 150 ” *
(iii) 155 ” *
(iv) 200 ” *
(v) 225 ” *
(vi) 250 ” *
(vii) 280 ” *
(viii) 300 ” *
(ix) 315 ” *

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 Categories and Sizes Quantity (M) Unit Price Price Basic Unit
of Pipes For Basic Adjustment Price
Material Factor
(x) 355 mm ‡ *
(xi) 400 ” *
(xii) 450 ” *
(xiii) 500 ” *
(xiv) 560 ” *
(xv) 600 ” *
(xvi) 630 ” *
(xvii) 700 ” *
(xviii) 710 ” *
(xix) 800 ” *
(xx) 900 ” *
(xxi) 1000 ” *
(xxii) 1200 ” *
(xxiii) 1500 ” *
(xxiv) 1800 ” *

E. VC pipe

1. VC pipe (standard)

(i) 100 mm ‡ *
(ii) 150 ” *
(iii) 200 ” *
(iv) 225 ” *
(v) 300 ” *
(vi) 375 ” *
(vii) 400 ” *
(viii) 450 ” *
(ix) 500 ” *
(x) 600 ” *
(xi) 700 ” *
(xii) 800 ” *

2. VCJ Pipe

(i) 100 mm ‡ *
(ii) 150 ” *
(iii) 200 ” *
(iv) 225 ” *
(v) 300 ” *
(vi) 375 ” *
(vii) 400 ” *
(viii) 450 ” *
(ix) 500 ” *
(x) 600 ” *
(xi) 700 ” *
(xii) 800 ” *

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 Categories and Sizes Quantity (M) Unit Price Price Basic Unit
of Pipes For Basic Adjustment Price
Material Factor
F. ABS pipe

(i) 10 mm ‡ *
(ii) 15 ” *
(iii) 20 ” *
(iv) 25 ” *
(v) 32 ” *
(vi) 40 ” *
(vii) 50 ” *
(viii) 65 ” *
(ix) 80 ” *
(x) 100 ” *
(xi) 150 ” *
(xii) 200 ” *
(xiii) 225 ” *
(xiv) 250 ” *
(xv) 315 ” *
(xvi) 355 ” *
(xvii) 400 ” *
(xviii) 450 ” *
(xix) 500 ” *
(xx) 560 ” *
(xxi) 630 ” *

G. Stainless steel pipe

(i) 13 mm ‡ (½”) *
(iii) 25 ” (1”) *
(iv) 32 ” (1 ¼”) *
(v) 38 ” (1 ½”) *
(vi) 50 ” (2”) *
(vii) 63 ” (2 ½”) *
(viii) 75 ” (3”) *
(ix) 88 ” (3 ½”) *
(x) 100 ” (4”) *

H. Reinforced Concrete
pipe.

1. Reinforced Concrete
Pipe (without lining)

(i) 375 mm‡ *

(ii) 450 ” *
(iii) 525 ” *
(iv) 600 ” *
(v) 675 ” *
(vi) 750 ” *
(vii) 900 ” *
(viii) 1050 ” *
(ix) 1200 ” *

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 Categories and Sizes Quantity (M) Unit Price Price Basic Unit
of Pipes For Basic Adjustment Price
Material Factor
(x) 1300 mm‡ *
(xi) 1350 ” *
(xii) 1500 ” *
(xiii) 1650 ” *
(xiv) 1800 ” *

2. Reinforced Concrete
Pipe with lining (high
alumina)

(i) 375 mm‡ *

(ii) 450 ” *
(iii) 525 ” *
(iv) 600 ” *
(v) 675 ” *
(vi) 750 ” *
(vii) 900 ” *
(viii) 1050 ” *
(ix) 1200 ” *
(x) 1300 ” *
(xi) 1350 ” *
(xii) 1500 ” *
(xiii) 1650 ” *
(xiv) 1800 ” *

3. Reinforced Concrete
Pipe with lining
(sacrificial lining)

(i) 375 mm‡ *

(ii) 450 ” *
(iii) 525 ” *
(iv) 600 ” *
(v) 675 ” *
(vi) 750 ” *
(vii) 900 ” *
(viii) 1050 ” *
(ix) 1200 ” *
(x) 1300 ” *
(xi) 1350 ” *
(xii) 1500 ” *
(xiii) 1650 ” *
(xiv) 1800 ” *

* Quantities shall be pre-ascertained by the Superintending Officer at the time of

tendering.

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Notes:

1. The above quantities are intended for the purpose of price variation only and do not
necessarily reflect the actual quantities required for the Contract.

2. Price Variation shall be applied to the above quantities fixed or actual quantities used,
whichever is the lesser.

3. The “Basic Unit Price” for each material shall be based on the Unit Price of the
“Selected Basic Material” for the relevant category of pipe as stated in the Special
Release 1 published by the Department of Statistics for the month during which the
tender closes multiplied by “Price Adjustment Factor” for the said material and only
need to be inserted prior to the signing of the Contract Document.

4. Price Adjustment Factor shall be as stated in the Special Release 1 published by the
Department of Statistics.

5. The Basic Material is the most commonly used material for the relevant category of
pipes in most projects.

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