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Terms and Conditions of Tender

    Ver 1 Rel : Sep 2021

  1. Tenders for the rental of stalls are invited by the National Environment Agency (NEA) on such terms and conditions as set out in the Tenancy Agreement (hereinafter called "the Agreement") and also subject to the Terms and Conditions of Tender herein contained.
  1. Where Tender Offers are submitted using tender box, the Tender Offers will be opened by a Tender Opening Committee that shall comprise the following officers:
S/nTender Opening Committee Designation 
Tender-opening Officer Assistant Manager, Engineer, Scientific Officer, Research Officer Analyst, Meteorologist, Research Scientist or officer of equivalent level or higher

 
2Witnessing Officer Assistant Manager, Engineer, Scientific Officer, Research Officer Analyst, Meteorologist, Research Scientist or officer of equivalent level or higher 
ELIGIBILITY
  1. Tenderers must be an individual Singapore citizen or permanent resident and not less than 21 years of age.
  1. Tenderers must not be an undischarged bankrupt.
  1. All former licensees of NEA who have had their licences cancelled or revoked shall not be allowed to tender.  All former registered assistants and/or nominees who have been de-registered by NEA shall also not be eligible to tender.  All persons who are debarred by the Government or statutory boards from participating in tenders for all lines of business shall also not be eligible to tender.
  1. Tenderers must not owe NEA any debts or arrears pertaining to any stall under NEA’s management.
  1. Any existing licensee of any stall in any market/food centre owned by the NEA, HDB or JTC may be eligible to tender on condition that if he is a successful tenderer, he shall still be required to be present at his existing stall/pitch to personally conduct or superintend the business.

TENDERING

  1. The tendered rent shall not include the service and conservancy charges, refuse removal fee, licence fees and the Goods and Services Tax (GST).  The NEA reserves the right to revise the service and conservancy charges from time to time.  The successful tenderer shall bear the GST to be levied on the tendered rent and service & conservancy charges.
  1. Tenderers are required to enclose a tender deposit equal to one month of the tendered rent together with their tenders at the time of submission of tender documents.  The tender deposit should be paid in the form of cashier's order made out in favour of the NEA.  Tenders which are not submitted with the appropriate deposits in the form of cashier’s order will be rejected.  Payment by cheque and cash will not be accepted.  Tenderers are to enclose their tender deposit (i.e. cashier's order) in the attached envelope.
  1. The tender submitted are liable to be rejected if the tender deposit is not enclosed or, if enclosed, the amount is incorrect.
  1. Tenders submitted by post shall not be considered.
  1. Each tenderer is allowed to submit only one (1) bid per stall tendered for.  The tenderer shall not directly or indirectly by himself, or his servants or agent or in any other way submit more than one (1) bid for the same stall and should he do so all his tenders/bids shall be disqualified.
  1. All tenders submitted shall not be withdrawn for any reason whatsoever.  Any tender form not properly filled or completed are liable to be rejected.  Where there is any inconsistency in the words and figures of the tender bids submitted by the tenderer, the bids in words shall prevail and the NEA reserves the right to accept the tender bids in words submitted by the tenderer. 
  1. A tenderer who withdraws the tender after the closing date, but before the award of the tenancy shall have his tender deposit forfeited.
  1. All tenderers shall be deemed to have full notice and knowledge of the actual area and state of the stall.  No error, omission or mis-statement in the description of the stall provided by the NEA (like the floor area) shall invalidate the tender submitted by any successful tenderer nor shall the same entitle any successful tenderer to any damages or compensation whatsoever or to any reduction in the rent.
  1. The NEA does not bind itself to accept the highest or any offer at all and the decision of the NEA shall be final.
  1. When there is a tie in the two or more highest bids received, NEA will carry out a random ballot of the tied bids within the validity period of the bids.  NEA will invite the tenderers of the tied highest bids, or in their absence, at least 2 other parties who are not involved in the tender process, to witness the ballot to select one of the tender bids to be considered for award.
  1. The tender shall be valid for a period of three (3) months from the closing date.

MARKET STALL

  1. The stall tendered shall be used for sale of either piece and sundry goods or preserved and dried goods or a specific type of market produce as shown in the LIST OF STALLS FOR TENDER in the Form of Tender.

COOKED FOOD STALL

  1. The stall tendered shall be used for the sale of cooked food, drinks or cut fruits.  Any successful tenderer of a cooked food stall who wishes to sell cooked food shall be allowed to sell only a specified type of food.  If the stall does not come with an exhaust hood and the successful tenderer plans to carry out cooking activities that generate fumes, oil and heat, the successful tenderer shall submit Additions & Alterations (A&A) application for the installation of the exhaust hood at his own expense (subject to NEA’s requirement). Tenderers are required to indicate the specific type of food they intend to sell in the Form of Tender.
  1. Cooked food stallholders must participate in the centralized table-cleaning service administered by NEA, the Town Councils or Hawkers Association or Hawkers Committee.
  1. Successful tenderers shall not provide disposable crockery and cutlery for use by dine-in patrons.
  1. An individual is only allowed to rent a maximum of 2 cooked food stalls. Tenderers must not be the registered tenant or joint-operator of 2 or more cooked food stalls in NEA managed market/hawker centre (applicable for cooked food stalls only).  Separate tender forms shall be used for each stall.
  1. In the event that an individual submits bids for more than two (2) cooked food stalls and emerges as the highest bidder for more than two (2) stalls, NEA reserves the right to award only two (2) cooked food stalls to him.  The choice of stalls to be awarded shall be at the discretion of NEA.

SUCCESSFUL TENDERER

  1. NEA reserves its right to vary, modify, delete or replace its list of tender awards at any time after publication of the results and prior to the award of the stall to the successful tenderers.  For the avoidance of doubt, the publication of the list of tender awards is solely for information only. NEA makes no warranty as to the accuracy of the information in the list of the tender awards and expressly disclaims any liability for any errors or omissions contain therein. The successful tender shall be informed of the acceptance of their tender as provided in clause 27 below.
  1. A successful tenderer will be offered each and every stall that he is successful in.  If he rejects any stall that he is successful in, his tender deposit will be forfeited.  In addition, he will be debarred from participating in the tenders for all lines of business called by the Government ministries or statutory boards for such a period as the Government in its discretion deems fit.  He will also not be permitted to become a stall stallholder, joint operator, nominee or stall assistant during the period of debarment.
  1. The successful tenderer shall be informed of the acceptance of his tender by a letter sent to him to the address stated in the tender form.  The letter of acceptance shall be deemed to have been sent to the tenderer when it is posted.
  1. All successful tenderers shall enter into an Agreement with the NEA within the time stipulated.
  1. When a successful tenderer does not enter into an Agreement with the NEA within the period stipulated in the letter, the deposit shall not be refunded.
  1. The Agreement shall be deemed to form part of the Terms and Conditions of Tender herein contained and all the said Terms and Conditions of Tender shall also be deemed to form part of the terms and conditions of the Agreement as though they were specifically set out in the Agreement and must be observed and performed by the successful tenderer.
  1. The Agreement of any successful tenderer for cooked food stall and market stall shall be for a period of thirty-six (36) months.  Subsequent renewals may be refused or granted on such terms and conditions to be determined by the NEA. Where an Agreement has been renewed, the rental may be revised as determined by the NEA.
  1. The successful tenderer is required to pay the monthly charges through GIRO. At the time of signing of the Agreement, the successful tenderer shall be required to make the following payments:
    (a) First month's rent;
    (b) First month's service and conservancy charges;
    (c) Rental deposit,
    i)  equivalent to two (2) months’ rent; or
    ii) a minimum deposit of $100 for market stall or $200 for cooked food stall (whichever is higher).
    (d) Annual licence fee ($13); and
    (e) Stamp duty for the Agreement as required under the Stamp Duties Act, Cap 312.
  1. The successful tenderer shall within three (3) months from the commencement date of the tenancy agreement of the stall, commence business at the stall.  If the tenderer fails to commence business at the stall within this period, the security deposit would be forfeited and the NEA may, by notice in writing, cancel the tenancy agreement.
  1. The stall shall be let in its existing state.  The successful tenderer must obtain the written approval of the NEA before carrying out any alterations or additions to the stall.  Any alterations or additions to the stall will be carried out at the expense of the successful tenderers.  A non-refundable administrative fee of $25 is payable for the processing of an application to carry out alterations or additions to the stall. No structural changes will be permitted.
  1. The successful tenderer must obtain the written approval of the NEA and the Singapore Power Ltd before commencing any electrical installation/extension or rewiring works to the stall.
  1. Successful tenderers must operate the stall personally with or without assistants. They can also include a joint operator duly registered with the National Environment Agency.  The successful tenderer and the joint operator are each required to personally operate the stall for at least four (4) hours per business day.
  1. All stallholders are not allowed to sublet and assign their stalls with effect from 1 April 2012.
  1. The successful tenderer shall not be entitled to any cash grant, alternative stall or any other compensation whatsoever if the Agreement is not renewed upon expiry or the NEA gives notice to terminate the Agreement.
  1. Tenderers are required to give a minimum of thirty (30) days' advance notice of their intention to terminate the Agreement. If insufficient notice for termination is given, the deposit will be forfeited.
  1. The successful tenderer shall return all stall keys (where applicable) to NEA, upon expiry or early determination of the Agreement.
  1. For the avoidance of doubt, the landlord shall not be responsible nor liable to the Tenant, nor shall the Tenant have any claim whatsoever against the landlord in respect of any interruption of any services or closure of any amenities or conveniences provided in and around the market / food centre unless the said interruption or closure was due to the negligence of the landlord.

ANTI-COLLUSION

  1. Tenderers are to comply with the following anti-collusion clauses as follows:

  2. 42.1 Reporting of Anti-competitive Conduct

    42.1.1 NEA reserves the right, at its discretion, to report suspected collusive or anti-competitive conduct by tenderers to the Competition & Consumer Commission of Singapore (CCCS) and to provide CCCS with any relevant tenderer information.

    42.1.2 NEA’s obligation to keep tenderer information confidential will not be breached if the information is disclosed by NEA to CCCS because of suspected collusive or anti-competitive tendering behavior.

    42.2 Warranty

    42.2.1 The tenderer warrants that his/its tender has not been prepared with any consultation, communication, contract, arrangement or understanding with any competitor.

    42.2.2 In a situation where clearance has been obtained from CCCS, the tenderer agrees to fully disclose the full nature and extent of any consultation, communication, contract, arrangement or understanding with competitors to NEA.

    42.2.3 In the event that no disclosure as described in clause 42.2.2 is made, the tenderer warrants that their bid has not been prepared with any consultation, communication, contract, arrangement or understanding with any competitor regarding:

    (a) bid prices;
    (b) methods or factors used to calculate bid prices;
    (c) the intention or decision to submit, or not to submit, a bid;
    (d) the submission of a bid that is non-conforming; or
    (e) the terms of the bid

    The tenderer acknowledges that if NEA accepts the tenderer’s tender and awards the unit from the tender exercise to the tenderer, NEA will do so in reliance of this warranty. In addition, the tenderer shall submit to NEA a duly signed declaration in the form set out in Part VI of the Form of Tender (entitled “Declaration on Non-Collusion”). The declaration shall be signed by the tenderer.

    42.2.4 Any breach of or non-compliance with sub-clauses 42.2.1 to 42.2.3 shall, without affecting the tenderer’s liability for such breach or non-compliance, invalidate his tender.

    42.3 Disclosure of prior anti-competitive conduct

    42.3.1 Tenderers must indicate if they are or have ever been subject to proceedings related to anti-competitive conduct in Singapore or overseas. The information must include:
    (a) the names of the parties to the proceedings;
    (b) the case number;
    (c) the general nature of the proceedings; and
    (d) the outcome or current status of the proceedings

    42.3.2 NEA reserves the right, at its discretion, to exclude any tenderer from the tender process if the tenderer has ever contravened the anti-competitive provisions of the Competition Act (Cap. 50B) or equivalent laws in Singapore or overseas.

    42.3.3 NEA reserves the right, at its discretion, to exclude any tenderer from the tender process if full disclosure of any or all contraventions of the anti-competitive provisions of the Competition Act (Cap. 50B) or equivalent laws in Singapore or overseas has not been made.

    PROVIDED, however, that if there is any conflict between the provisions of the Agreement and the Terms and Conditions of Tender the provisions of the Agreement shall have overriding effect.

    Note :
    Words importing the singular number include the plural number and vice versa and words importing the masculine gender include the feminine gender.