PUBLIC SECTOR

STANDARD CONDITIONS OF CONTRACT

FOR DESIGN AND BUILD
(Sixth Edition July 2014)

SUPPLEMENT

CONTENTS

1. APPENDIX

2. FORM OF TENDER

3. AGREEMENT

4. FORM OF SECURITY DEPOSIT GUARANTEE

5. FORM OF ADVANCE PAYMENT GUARANTEE

Form of Tender and Agreement was revised w.e.f. 01/10/18.

Form of Security Deposit Guarantee was revised w.e.f. 18/07/17 to replace existing specimen for Performance
Guarantee.

Form of Advance Payment Guarantee was added w.e.f. 01/04/18 for projects requiring Option Module B.
Appendix was revised w.e.f. 01/04/18 to incorporate items required under Option Module B.
Refer to the List of Clarifications and Editorial Amendments for PSSCOC for Design and Build 2014 for
revisions / additions made.

APPENDIX
APPENDIX
CLAUSE

OPTION MODULES 1.1(d) ..........................................................………...

EMPLOYER 1.1(o) ..........................................................………...

LIMITATIONS ON THE AUTHORITY OF

THE SUPERINTENDING OFFICER 2.1 ..........................................................………...

..........................................................………...

SECURITY DEPOSIT 4.4(1)

Number of days to deposit after Letter of

Acceptance (14 days if none stated) ……………………………………………….

Amount ……….............................................................

TIME FOR COMPLETION 14.1

Whole of the Works ..........................................................………...

Phase or Part of the Works

............................................................ ..........................................................………...

............................................................ ..........................................................………...

............................................................ ..........................................................………...

LIQUIDATED DAMAGES 16.1

(The cumulative amount of liquidated
damages payable by the Contractor for all
occasions of delay under the Contract shall
not exceed $50m or the Contract Sum,
whichever is lower.)

Whole of the Works ..........................................................………...

Phase or Part of the Works

............................................................ ..........................................................………...

............................................................ ..........................................................………...

............................................................ ..........................................................………...

Appendix/1
D&B PSSCOC (Sixth edition July 2014)
CLAUSE

DEFECTS LIABILITY PERIOD 18.1 ..........................................................………...

(12 months if none stated)

DESIGN FEE PERCENTAGE OF 20.1(a) Type of Design Design fee

VALUE OF WORKS percentage of the
value of the
varied work

Architectural

Civil & Structural

Mechanical
Engineering

Electrical
Engineering

All in rate

LIMITATIONS ON EXTENT OF
LIABILITY FOR ANY ONE
ACCIDENT 27.1(1)(b)

PERIOD FOR HONOURING

CERTIFICATE 32.6 ..........................................................………...
(21 days if none stated)

RATE OF INTEREST UPON

UNPAID SUMS 32.6 ..........................................................………...

Appendix/2
D&B PSSCOC (Sixth edition July 2014)
FLUCTUATIONS 33.1

Specified Materials Concrete

Steel Reinforcements

Tender Closing Month ……………………………………………….

Base Unit Rate of Materials

(to be filled in by bidders)*

Concrete $................................................................../m3

Steel Reinforcements $............................................................./tonne

ADVANCE PAYMENT** B1.0(2) .......% of the PPVC costs, capped at .......

(if not stated, it shall be 20 % of the % of Contract Sum
PPVC costs priced by the Contractor up
to 10% of the Contract Sum)

RECOVERY PERIOD** B2.0(1) / ....... months

(within 12 months after the recovery B5.0
start date if none stated)

INTERVALS FOR REPAYMENT OF B5.0 ……………………………..

THE ADVANCE PAYMENT**
(monthly if none stated)

RECOVERY START DATE** B5.0 ....... months after the date of the Letter
(4 months after the date of the Letter of of Acceptance
Acceptance if none stated)

* To delete accordingly
** To delete unless Option Module B is used

Appendix/3
D&B PSSCOC (Sixth edition July 2014)
FORM OF TENDER

Appendix/4
D&B PSSCOC (Sixth edition July 2014)
FORM OF TENDER
(w.e.f. 01/10/18)

NAME OF CONTRACT: *..........................................................................................................

..........................................................…….....................................................................................
TO:*........................................................................................……...............................................
......................................................................................................…….........................................
............................................................................................................……...................................

Gentlemen,

1. Having examined the Tender Documents comprising:

(a) the Instructions to Tenderers

(b) the Employer’s Requirements;
(c) the Agreement;
(d) the Conditions of Contract comprising
(i) the Public Sector Standard Conditions of Contract for Design and Build;
(ii) the Particular Conditions ................................................
(iii) the Appendix;
(d) the Specifications;
(e) the Drawings;
(f) the Bills of Quantities/Schedule of Rates* ; and
(g) the Addenda Nos................................................

for the execution of the above-named Works we the undersigned offer and undertake, on your
acceptance of this Tender Offer, to design, execute, and complete the Works, and remedy any defects
therein in conformity with the Employer’s Requirements, the Agreement, the Conditions of Contract,
Specifications, Drawings, Bills of Quantities/Schedule of Rates* and Addenda for the Sum of:
..................................................................................................……………................................…
..................................................................................................……………................................
… ..................................................................................................……………................................…
(.........................................................................................………….…..........................................)

[Version A: To be used if the procuring entity requires all Tender Offers (including alternative offers) to
be compliant offers. A compliant offer is one with no qualifications or variations to the Invitation to
Tender and in full compliance with the Specifications.]

2. Our Tender Offer is fully consistent with and does not contradict or derogate from anything in the
Tender Documents. We may include in our Tender Offer alternative offer(s) which comply with the
Tender Documents.

[Version B: To be used if the procuring entity is open to considering non-compliant offers, provided that
the Tenderer has submitted at least one compliant offer. A non-compliant offer is one which (i) contains
qualifications or variations to the Invitation to Tender or (ii) does not fully comply with the
Specifications.]

2. Our Tender Offer includes at least one offer which is fully consistent with and does not contradict or
derogate from anything in the Tender Documents. We may include in our Tender Offer, alternative
offer(s) which include qualifications or variations permitted under the Tender Documents.

3. We undertake if our Tender is accepted to commence the Works on the date or dates specified in the
Employer's Letter of Acceptance and if there is no such date or dates then as soon as is reasonably
possible after the receipt of an order to that effect from the Superintending Officer and to complete
the whole of the Works comprised within the Contract by the Time for Completion or Times for
Completion stated in the Appendix.

4. Our offer is valid for the Validity Period as specified in the Instructions to Tenderers and for any such
extension of the period as may be mutually agreed in writing.
5. 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.

6. We understand that you are not bound to accept the lowest or any tender you may receive.

7. We further undertake to give you any further information which you may require.

8. 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.

Dated this .................................…................ day of ...........…..........…….................... 20........…....

Name:

*Signature .........................…............ in the capacity of ..............................………...........................

duly authorised to sign Tender Offers for and on behalf of ..............……...............................................
................................................................................................…………….......................................
(IN BLOCK LETTERS)

*Tenderer’s official stamp:

Address: .....................................……………...................................................................................
.......................................................................................……………................................................
..........................................................................................................……………........................…..
Witness: ………….............................................................................................................................
Address:………………………….
………….................................................................................... ...............................
……………........................................................................................................
Occupation: ..............................…………….....................................................................................

9. Our Service Address (as referred in Clause 37.2(1) of the Standard Conditions) is ..…….….
……. ...........................…………….....................................................................................................
……
.......................................................................................……………...........................…...................
..........................................................................................................……………......….....................
Our telephone number is...........................……………......................................................................
Our cable/telex number is...........................……………....................................................................
Our facsimile number is...........................…………….................................................................…..

(Note: All details marked * shall be inserted before issue of Tender Documents or deleted as appropriate).

[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.]
AGREEMENT
AGREEMENT
(w.e.f. 01/10/18)

THIS AGREEMENT is made the ……………… day of …………………………………….

Between.
………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………
of…..…………………………………………………………………………………………………………..
…………………………………………………………………………………………………………………
(hereinafter called "the Employer") of the one part and ………………………………………………………..
……………………………………………………………………………………………………………………
of …………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………
(hereinafter called "the Contractor") of the other part.

Whereas

Recitals
First the Employer is desirous of obtaining the construction of [the following works] [a]
……………………………………………………………………………… (hereinafter called `the Works') at
…………………………………………………………………………………………………………………
…....…...
………………………………………………………………………………………………………………….
for which he has issued to the Contractor his requirements (hereinafter referred to as "Employer's
Requirements").

Second the Contractor has submitted his developed design documents for carrying out the
Works [works referred to in the First recital] (hereinafter referred to as "the Contractor's Proposals") which
includes the statement of the sum which he will require for carrying out that which is necessary for completing
all the Works in accordance with the Conditions [(which is the Contract Sum stated in Article 3)] .

Third the Employer has relied on the Contractor in the development of the Contractor's
Proposals to fully meet the suitability, adequacy, integrity, durability and practically of the Employer’s
Requirements and having examined the Contractor's Proposals and, subject to the Conditions, is satisfied that
they meet the Employer’s Requirements.

For the avoidance of doubt, it is expressly agreed that the giving of any consent or approval
by or on behalf of the Superintending Officer shall not in any way relieve the Contractor of any of his
obligations under the Contract or his duty to ensure the correctness, accuracy or suitability of the matter or this
which is the subject of the consent or approval.

Agreement/1
D&B PSSCOC (Sixth edition July 2014)
Fourth, the Employer has accordingly accepted a Tender by the Contractor for the design
execution and completion of such Works and remedying any defects therein.

Now it is hereby agreed as follows:

Article 1 Contract

1. In this Agreement words and expression shall have the same meaning as are respectively assigned to
them in the Conditions of Contract herein after referred to.

Article 2 Contractor's obligations

2. For the consideration mentioned in Article 3 the Contractor hereby covenants with the Employer to both
complete the design for the Works and execute and complete the construction of the Works and remedy
any defects therein in conformity in all respects with the provisions of the Contract.

Article 3 Contract Sum

3. The Employer hereby covenants to pay the Contractor in consideration of the design execution and
completion of the Works and the remedying of defects therein, the Lump-Sum of
…………………………………………………………………………………………………………
…………..………………………………………………………………………………………………
(Singapore Dollars ………………………. ) (hereinafter referred to as `the Contract Sum') or such
other sum as shall become payable hereunder at the times and in the manner specified by the Contract.

Article 4 Employer's Design Requirements and Contractor's Proposals

4. The Employer's Requirements and the Contractor's Proposals have been signed by the parties and are
identified in an appendix to the Conditions.

Agreement/2
D&B PSSCOC (Sixth edition July 2014)
Article 5

5. The following documents shall be deemed to form and be read and construed as part of the
Agreement, viz:-

(1) The Employer's Letter of Acceptance;

(2) The said Tender;
(3) The Instructions to Tenderers;
(4) The Conditions of Contract comprising
(a) the Public Sector Standard Condition of Contract for Design and Build;
(b) the Particular Conditions;
(c) the Appendix;
(5) The Specifications (if applicable);
(6) The Drawings (if applicable);
(7) The Bills of Quantities/Contract Sum Analysis/Schedule of Rates (if applicable);
(8) The Employer's Requirements;
(9) The Contractor's Proposals
(10) The Addenda Nos.............................................

There aforesaid documents shall be read and construed as a whole and no special priority other than that
accorded by law or expressly provided in the Contract documents and shall apply to any one document or
group of documents nor shall the contra proferentum rule apply to this Agreement.

Agreement/3
D&B PSSCOC (Sixth edition July 2014)
IN WITNESS WHEREOF
the day and year first above written
(hand of the Employer has been hereunto set )
the* ( )
(Common Seal of the Employer has been hereunto affixed )

*Signed by the said

.................................................................................

................................................................................. .......................................................
Signature
*The Common Seal of

.................................................................................

.................................................................................

was hereunto affixed in the presence of

Name........................................................................

Address.....................................................................

.................................................................................

Description...............................................................

( hand of the Contractor has been hereunto set )

and the* ( )
(Common Seal of the Contractor has been hereunto affixed )

*Signed by the said

.................................................................................

................................................................................. .......................................................
Signature
* The Common Seal of

.................................................................................

.................................................................................

was hereunto affixed in the presence of

Name........................................................................

Address.....................................................................

..........................................................................…....

Description................................................................

* Delete as appropriate

Agreement/4
D&B PSSCOC (Sixth edition July 2014)
FORM OF SECURITY DEPOSIT GUARANTEE
FORM OF SECURITY DEPOSIT GUARANTEE
(w.e.f. 18/07/17)

To: ___________________________ and his successors in office for and on behalf of the
Government of the Republic of Singapore1 (hereinafter called "the Employer").

Whereas on the _____ day of _____________ an agreement (the “Contract”) was

made between _______________________ (name of Contractor) of ______________
(address) (the “Contractor”) of the one part and the Employer of the other part for
_____________________________ (state nature of contract) whereby the Contractor agreed
that in consideration of its due and faithful performance of the Contract, it would be paid the
sum of Singapore Dollars ______________ (S$ ___________ ) (the “Contract Sum”).

And Whereas the Contractor is required under the Contract to pay ____ per cent of the
Contract Sum as a security deposit for the due and faithful performance of its obligations
under the Contract.

The Contractor has opted to provide an irrevocable on-demand guarantee in favour of

the Employer as a security deposit for the Contract.

We (at the request of the Contractor) hereby agree as follows:

1 We shall unconditionally pay to the Employer any sum or sums up to a maximum

aggregate of Singapore Dollars _________ (S$ _______ ) (the “Guaranteed Sum”) upon
receiving your written notice of claim for payment made pursuant to Clause 4 of this
Guarantee without any proof of actual default on the part of the Contractor and without need
to satisfy any other condition.

2 We shall not be discharged or released from this Guarantee by any arrangement

between the Employer and the Contractor with or without our consent, or by any other or
further arrangement between the Contractor and us with or without the Employer’s consent,
or by any alteration in the obligations undertaken or to be undertaken by the Contractor or by
any forbearance on the Employer’s part whether as to payment, time, performance or
otherwise.

3 Our liability under this Guarantee shall continue and this Guarantee shall remain in
full force and effect from [insert effective date: _____________ ] until [insert expiry
date:_________ ] [insert if expiry date is subject to automatic extension 2: provided always
that the expiry date of this Guarantee and our liability under this Guarantee shall be
automatically extended for successive periods of [specify duration of each extension:
_____________ days/months] unless we give you 90 days’ written notice prior to the expiry
of our liability (the “Notice Period”) of our intention not to extend this Guarantee in respect
of any future extension and provided further that you shall be entitled –

(a) upon receiving such notice of our intention either to:

1
Replace this with the name of the Authority if the Authority is a Statutory Board.
2
This provision is to be included for contracts which are not fixed period contracts. For fixed period contracts,
this provision is not required.
Security Deposit Guarantee/1
D&B PSSCOC (Sixth edition July 2014)
(i) make a claim under this Guarantee; or

(ii) *direct us to pay such amount (not exceeding the Guaranteed Sum) as
you may specify into a suspense account to be governed and disbursed
by us subject to the Association of Banks in Singapore’s Guidelines for
operation of a Suspense Account; or

(b) direct us (within the Notice Period) to extend the validity of this Guarantee for
a further period not exceeding _____________ days/months (and this
Guarantee shall then expire at the end of such further period).]

Note: * Not applicable for insurance bond issued by insurance companies

4 This Guarantee is conditional upon a claim being made by the Employer at any time
and as many times as the Employer may deem fit by way of a notice in writing addressed to
us and the same being received by us at [insert address of Bank’s notification office:
___________________ ] before the end of 90 days after the expiry of this Guarantee.

5 We shall be obliged to effect the payment required under such a claim within 30
business days of our receipt of the written notice from the Employer. We shall be under no
duty to inquire into the reasons, circumstances or authenticity of the grounds for such claim
and shall be entitled to rely upon the Employer’s written notice received by us as final and
conclusive. For the purposes of this Guarantee, “business day” means a day other than a
Saturday, Sunday, or public holiday in Singapore.

6 The Employer may make more than one claim on this Guarantee so long as the
aggregate amount specified in all such claims does not exceed the Guaranteed Sum.

7 This Guarantee is issued subject to the laws of the Republic of Singapore and the
exclusive jurisdiction of the Singapore courts.

Dated this _______ day of ______________

AS WITNESS our hand

Signed by: _______________________________

(Name and designation of officer)

for and on behalf of the

________________________________ _____________________
(Name of **Bank/Insurance Company) (Signature)

in the presence of:

Name ___________________

Designation ______________ _____________________

(Signature of Witness)
** Delete whichever is not applicable

Security Deposit Guarantee/2

D&B PSSCOC (Sixth edition July 2014)
FORM OF ADVANCE PAYMENT GUARANTEE
FORM OF ADVANCE PAYMENT GUARANTEE
(w.e.f. 01/04/18)

To: ___________________________ and his successors in office for and on behalf of the
Government of the Republic of Singapore3 (the “Employer”).

Whereas on the _____ day of _____________ an agreement (the “Contract”) was

made between _______________________ (name of Contractor) of ______________
(address) (the “Contractor”) of the one part and the Employer of the other part for
_____________________________ (state nature of contract).

And Whereas the Employer will pay the Contractor an advance payment in
accordance with the Contract of Singapore Dollars ______________ (S$ ___________ ) (the
“Advance Payment”) in consideration of an irrevocable on-demand guarantee provided by
the Contractor in favour of the Employer.

We (at the request of the Contractor) hereby agree as follows:

1 We shall unconditionally pay to the Employer, upon receiving the Employer’s written
notice of claim for payment made pursuant to Clause 4 of this Guarantee without any proof of
actual default on the part of the Contractor and without need to satisfy any other condition,
provided that the Employer has paid the Contractor the Advance Payment in accordance with
the Contract and the Employer’s claim or claims do not exceed in aggregate the Advance
Payment less any sum –

(a) previously paid by us to the Employer under this Guarantee; or

(b) reimbursed or repaid by the Contractor to the Employer under the Contract
(including, without limitation, reimbursed or repaid by deduction from a sum
otherwise due to the Contractor from the Employer).

2 We shall not be discharged or released from this Guarantee by any arrangement

between the Employer and the Contractor with or without our consent, or by any other or
further arrangement between the Contractor and us with or without the Employer’s consent,
or by any alteration in the obligations undertaken or to be undertaken by the Contractor or by
any forbearance on the Employer’s part whether as to payment, time, performance or
otherwise.

3 Our liability under this Guarantee shall continue and this Guarantee shall remain in
full force and effect from [insert effective date: _____________ ] until [insert expiry
date:_________ ].

4 This Guarantee is conditional upon a claim being made by the Employer at any time
and as many times as the Employer may deem fit by way of a notice in writing addressed to
us and the same being received by us at [insert address of Bank’s notification office:
___________________ ] before the end of 90 days after the expiry of this Guarantee.

3
Replace this with the name of the Authority if the Authority is a Statutory Board.
Advance Payment Guarantee/1
D&B PSSCOC (Sixth edition July 2014)
5 We shall be obliged to effect the payment required under such a claim within 30
business days of our receipt of the written notice from the Employer. We shall be under no
duty to inquire into the reasons, circumstances or authenticity of the grounds for such claim
and shall be entitled to rely upon the Employer’s written notice received by us as final and
conclusive. For the purposes of this Guarantee, “business day” means a day other than a
Saturday, Sunday, or public holiday in Singapore.

6 This Guarantee is issued subject to the laws of the Republic of Singapore and the
exclusive jurisdiction of the Singapore courts.

Dated this _______ day of ______________

AS WITNESS our hand

Signed by: _______________________________

(Name and designation of officer)

for and on behalf of the

________________________________ _____________________
(Name of *Bank/Insurance Company) (Signature)

in the presence of:

Name ___________________

ID No. ______________ _____________________

(Signature of Witness)
* Delete whichever is not applicable.

Advance Payment Guarantee/2

D&B PSSCOC (Sixth edition July 2014)