confidential - moha.gov.bn documentation for proposal to invest, b… · approximately 30,000...

STRICTLY CONFIDENTIAL

The Bandar Seri Begawan Municipal Board, Ministry of Home Affairs of Brunei Darussalam 1

CONFIDENTIAL

REQUEST FOR PROPOSALS (RFP) DOCUMENTATION FOR PROPOSALS TO INVEST, BUILD AND OPERATE COMMERCIAL

ACTIVITIES IN THE VICINITY OF KAMPONG AYER

Tender No.: KHEDN/LTK/2017-04

Project No.: KHEDN/UPE/RFPLBBSB-03

COPYRIGHT NOTICE This document is for the sole use of the registered Investors and is not to be copied or distributed without approval of Ministry of



Home Affairs (MOHA).

Table of Contents

Important Notice 4

1. EXECUTIVE SUMMARY 6

1.1 Purpose 6

1.2 The Project Objectives 6

1.3 Key Project Requirements 6

1.4 Proponent Consortia 7

1.5 Contact Points 7

2. PROJECT DESCRIPTION 8

2.1. Background 8

2.2. General 8

2.3. Site Location 8

2.4. Site Description 10

2.5. Scope of Project 11

2.6. The Project Concept 12

2.7. Alternative Approach 14

2.8. Support Requirements 14

3. PROPONENT SELECTION PROCESS 14

3.1. Introduction 14

3.2. RFP Process overview 14

3.3. Selection Criteria for Proposals 15

4. PROPOSAL SUBMISSION REQUIREMENTS 16

4.1. Introduction 16

4.2. Mandatory Information 16

5. GENERAL TERMS AND CONDITIONS 18

5.1. No Obligation 18



5.2. Costs borne by Proponents 18

5.3. No Warranty 18

5.4. Right to Alter or Terminate Process 19

5.5. Variations to this RFP Document 19

5.6. Changes to Consortia Members 19

5.7. Confidentiality 19

5.8. Ownership of Proposals 19

5.9. Proponents to fully inform themselves 20

5.10. Integrity of Proponents 20

6. ENQUIRIES, INFORMATION AND LODGEMENT OF PROPOSALS 20

6.1. Enquiries 20

6.2. Fact finding by Proponents 21

6.3. Briefing and Site Visit 21

6.4. Lodgement of Proposals 21

6.5. Contact Details 21

APPENDIX A: SITE INFORMATION 22

APPENDIX B: LETTER OF RESPONSE FORMAT 27

APPENDIX C: DECLARATION RELATING TO COLLUSIVE TENDERING FORMAT 29

APPENDIX D: SUBMISSION CHECKLIST 30



Important Notice

Ministry of Home Affairs (“MOHA”) intends to revitalise the Kampong Ayer (“KA”) as part of the Bandar Seri Begawan Masterplan. One of the project is the integrated development of the Heritage Accommodation, Destination Restaurant and Leisure Resort. MOHA invite proposals from interested parties (“Proponents”) to Invest, Build And Operate Commercial Activites In The Vicinity Of Kampong Ayer (“Project”). MOHA reserves the right to consider proposals, to exclude proposals from being evaluated further or to ask the Proponents to submit a proposal that complies with the requirements set out in this document. While it is not intended that further clarification shall be undertaken before the short-listing of proposals, it is possible that aspects of a Proponent’s proposal may require clarification. Therefore, MOHA reserves the right at any time during the evaluation process, and in its absolute discretion, to make written requests to one or more Proponents for the purpose of clarifying any aspect of the proposal. Proponents however should not rely on being invited to make further written submissions nor should they rely on any interactive discussion process prior to the shortlist being finalised. The Proponents should not view requests for further clarification, submission, presentation or to participate in any interactive discussion process as evidence of their proposal being viewed favourably or otherwise by MOHA. This Request For Proposals (“RFP”) does not constitute any offer to sell or any solicitation by or on behalf of MOHA or any of its directors, officers, managers, employees, advisors, consultants or representatives or any other person whatsoever in any jurisdiction where it is unlawful for such entities or persons to make any such offer or solicitation. Persons or entities into whose possession this RFP may come are required to inform themselves about and to observe and abide such restrictions. MOHA reserves the right, in its absolute discretion, not to select a Proponent following its evaluation of proposals and short-listing, or to advise a Proponent that its proposal must be revised before being considered further by MOHA. MOHA may use specialist advisors to undertake its role where appropriate. This RFP and any information that is subsequently provided by or on behalf of MOHA has been prepared to give potential Proponents background information on the Project. This RFP does not purport to comprehensively describe the scope of the Project or to contain all the information that potential Proponents and their advisors may desire in relation to whether or not to submit a proposal. Proponents must form their own views as to what information is relevant and they must also rely on their own investigations to satisfy themselves in relation to all aspects of the Project. This RFP is not intended to form the sole basis of any business decision and should not be considered as a recommendation by MOHA to participate in the opportunity. Potential Proponent should make its own independent assessment after making investigations as it deems necessary in order to determine its interest. Where applicable, the potential Proponent should obtain its own independent legal advice. The information provided in this RFP reflects the prevailing conditions as of the date written which are subject to change without notice. In preparing this information, MOHA relied upon the accuracy and completeness of information available from public sources or other material that was obtained and reviewed by MOHA. MOHA does not warrant the reliability, accuracy and/or completeness of any and all information or data made available to Proponents in relation to this RFP. MOHA, their members and any of its officers, employees, advisors, contractors and agents (“the MOHA parties”) make no representation or warranty, expressed or implied, as to the reliability or completeness of the information contained in this RFP or any information that may be provided in



association with it, and accept no responsibility for any loss arising from the use of this information or its contents. the MOHA parties accept no responsibility or liability, whether arising from or in relation to this RFP including negligence or otherwise, or any reliance placed on the contents of this RFP or for any representations (whether expressed or implied) or information contained in or any omissions from this RFP, or any written or verbal communication with a recipient in the course of evaluation of the Project. Each Proponent releases MOHA parties from any such responsibility or liability. The Proponents should read the General Terms and Conditions in Section 6 of this RFP prior to submitting any proposals.



1. EXECUTIVE SUMMARY

MOHA is seeking proposals from interested Proponents to Invest, Build And Operate Commercial Activites In The Vicinity of Kampong Ayer. This includes the development of Heritage Accommodation, Destination Restaurant and Leisure Resort at Kampong Ayer in efforts to revitalise the Kampong Ayer as part of the Bandar Seri Begawan Masterplan.

1.1 Purpose

The purpose of this RFP is to: Provide a background to this investment opportunity; Provide information on the proposed Project; Specify the requirements for the preparation and submission of proposals; Outline how proposals may be evaluated and shortlisted*; and Specify the procedures and expected timing for this proposal process.

* MOHA evaluation and short-listing criteria and procedures are subject to change without notice.

1.2 The Project Objectives

The objectives of this RFP is to invite proposals from interested Proponents to ensure continuous

commercial sustainability of the Project by attracting crowds to the Kampong Ayer, and will take the

business risk of the Project.

1.3 Key Project Requirements

MOHA is seeking proposals from suitably qualified Proponents to invest, build and operate commercial activites in the Vicinity of Kampong Ayer. This includes the development of Heritage Accommodation, Destination Restaurant and Leisure Resort at Kampong Ayer in efforts to revitalise the Kampong Ayer as part of the Bandar Seri Begawan Development Master Plan. The main points of the Project are: The Proponents shall:

Invest, Build and operate Destination Restaurant; Invest, Build and operate Leisure Resort; and Invest, Build and operate Heritage Accommodation.

(“Development”)

The Development shall be an integrated Kampong Ayer ‘gateway’ concept of cultural, Bruneian identity and economy to communal use such as space for entrepreneurs and restaurateurs, commercial, family entertainment, lifestyle, waterborne activities, eco-resort, tourism recognition, retail and dining integrated along the heritage neighbourhood by which the proposed concept must be able to revitalise Kampong Ayer.

The Proponents shall ensure continuous commercial sustainability of the Development by attracting crowds to Kampong Ayer, and will take the business risk of the Project.

The proposed Development concept shall be able to completely and continuously restore a sustainable economic diversity at Kampong Ayer and thus, Riverfront Eco-Corridor and will take the business risks of the Project;



For the purpose of the Development, the successful Proponent shall be dealing directly with an entity wholly owned by the Government of His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam (“Government Entities”).

The proposed financial offers to the Government Entities must be competitive and not worse off.

1.4 Proponent Consortia

Proposals can be submitted by a single company or by a group of companies as part of a consortium. Every member company of the consortium shall be jointly and severally liable for the Project. The consortium shall nominate a Lead Proponent by way of a Power of Attorney, authorised to represent or act for and on behalf of the consortium. The Lead Proponent can only participate in submission of one (1) proposal whilst Non-Lead Proponents can participate in submissions of more than one (1) proposals. During the selection process, only a company or a group of companies who participated as part of a consortium will be evaluated (not subcontractors or vendors).

1.5 Contact Points

All enquiries in relation to the registration of Proponents, the Project, the RFP document or the RFP process should be directed to RFP Secretariat at [email protected]



Kampong

Ayer

2. PROJECT DESCRIPTION

2.1. Background

Kampong Ayer is an historic and unique area in Bandar Seri Begawan that has been existence since at least the 10

th century AD and was the original capital and the founding place for the Bruneian

civilisation. Kampong Ayer has been versioned as ‘Venice of the East’ to some people is home to approximately 30,000 peoples (Brunei Resources: Tourism, 2011) that provides a graphic example of the historic relationship to water that is core to the Heritage of Brunei. Therefore, in order it be able to thrive and grow its self-sustaining economic with the creation of viable community, Kampong Ayer has been set for revitalisation programme as part of Bandar Seri Begawan’s Development Master Plan initiatives to meet national’s 2035 vision.

2.2. General

The revitalisation of the Kampong Ayer (“KA”) is one of the key projects under the Bandar Seri Begawan Development Master Plan. MOHA is seeking proposals from interested parties (“Proponents”) to invest, build and operate commercial activities in the Vicinity of KA (“Project”).

2.3. Site Location

The Project site is located in the centre of Bandar Seri Begawan as shown in Figure 2.2.1, Figure

2.2.2 and Figure 2.2.3.

Figure 2.2.1. Site Location: Kampong Ayer within BSB’s context



Figure 2.2.2. Site Location: The proposal Development within the commercial activities’

vicinity. The Proponents may choose preferred locations within the KA’s vicinity indicated in

yellow and are not limited to wholly



Figure 2.2.3. Prefered Site Location. (but not limited to)

1 - Destination Restaurant at Kg Burong Pinggai Ayer

2 - Leisure Resort at Pulau Sibungor

3 - Heritage Accomodation – location open to proposal

2.4. Site Description

The new development is situated according to 2035 Bandar Seri Begawan Development Master Plan

for KA urban land use zoning and density entitlement as mentioned below; however, the Proponents

may select preferred locations within the vicinity for the new projects.

Development Preferred Area Site

1 Destination Restaurant Kg Burong

Pinggai Ayer

*accessible by

land via Kg

Lumapas

Existence of burnt wreckage of

school building structures that were

destroyed by fire last few years

ago. The building was formerly a

local primary school for the

community

1

2



2 Leisure Resort Pulau

Sibungor,

between Kg

Setia B

and

Mukim Kota

Batu

A small island enriched with

mangrove that shall be able to

feature the resort eco-activities and

other waterborne sports, fishing

villages

3 Heritage Accomodation Frontage of

Kampong Ayer

facing CBD

Overlooking the BSB Waterfront

and Yayasan Complex that form

part of BSB’s CBD that can

generate the socio-economy

activities thriving along Brunei river

and Eco-Corridor

The ownership of the three (3) properties are wholly owned by the Government of His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam (“Government Entities”).

Pursuant to the Standard Planning Guideline Book for Commercial Development 2011, the maximum

height for buildings within 500-700 meters radius of the Sultan Omar ‘Ali Saifuddien Mosque is 50

meters.

For more information on Site 1, 2 and 3, please refer to Appendix A: Site Information.

2.5. Scope of Project In order to meet the Bandar Seri Begawan Development Master Plan objectives specific development initiatives need to refer DMP Urban Design Guidelines and Technical Manual, Vol III and IV (2011) accordingly by the private developers/planners/designers which later to be enforced by the MOHA. This section provides a general indication of the requirements of this RFP, but shall not be limited to the following: The revitalisation of the Kampong Ayer (“KA”) is one of the key projects under the Bandar

Seri Begawan Development Master Plan. MOHA is seeking proposals from interested parties (“Proponents”) to invest, build and operate commercial activities in the Vicinity of Kampong Ayer (“Project”).

The Development shall be an integrated of KA ‘gateway’ concept of cultural, Bruneian identity

and economy to communal use such as space for entrepreneurs and restaurateurs, commercial, family entertainment, lifestyle, waterborne activities, eco-resort, tourism recognition, retail and dining integrated along the heritage neighbourhood by which the proposed concept must be able to revitalise KA;

Conservation strategy should be incorporated in the proposed Development concept; The aesthetics of the designs shall be able to capture the value of KA heritage and in

architecture that reflects the tenets of MIB; The proposed Development concept shall be able to completely and continuously restore a

sustainable economic diversity at KA and thus, Riverfront Eco-Corridor and will take the business risks of the Project;



Parcellation plan to package each individual project or comprehensive plan of all the three projects on the choice proposal for implementation;

The Proponents shall ensure continuous commercial sustainability of the Development by

attracting crowds to Bandar Seri Begawan, and will take the business risks of the Project; The proposed financial offers must be competitive and not worse off. The requirements are

summarised in Figure 2.5.1. Please refer to the illustration in Form 5.

Main Provision: A. The Proponent shall propose a competitive lease amount.

B. The Proponent shall propose the lease period.

General provisions:

A. The successful Proponent shall ensure that the buildings are well-maintained and operated safely and efficiently throughout the lease term. Maintenance includes Mechanical and Electrical, building maintenance and landscaping. Health, Safety, Security and Environment (HSSE) is also one aspect to be included in the proposal. Failure to do so may result in termination of lease agreement, or any other agreements entered between the Government Entities and the Proponent.

B. The successful Proponent shall be responsible for all legal fees incurred in the

implementation of the Project, including those incurred by the Government Entities in order to give effect the sucessful Proponent’s proposal.

C. The successful Proponent shall pay all taxes, impost, levies, charges, rates,

including land rent (cukai tanah) and property rates (cukai pintu), stamp duties, assessments and outgoings that are enforce from time time in respect of lands, properties and the Project.

Figure 2.5.1: Summary of Financial Requirements

Integrated development of the Heritage Accommodation, Destination Restaurant and Leisure Resort.

Starting

Annual

Rent

To be proposed by the Proponent.

Upward

Rent

Review

To be proposed by the Proponent.

2.6. The Project Concept

a. Extend Bandar Seri Begawan urban core to water’s edge and improve public and visual access to KA;

b. Tourist destination and gateway to KA;

c. Captivating built heritage on the water to enhance water and riverfront accessibilities and



public spaces at KA and Central Business District;

d. Promote environmental, ecological and economic sustainability;

e. Protect, preserve and restore the natural features of Brunei River and around KA area for ecological heritage enhancement;

f. Understanding Bandar Seri Begawan Municipal Board strategic objectives towards 2035

vision; g. Incorporate the new proposal with the existing and ongoing (ie. The ongoing project of Sg

Kabun’s Bridge, Yayasan Complex, Kg Ayer Cultural Gallery, Mangrove Paradise, etc.) such that to associate/compliment to assess business opportunities growth and further emerging socio-economy and market trends within the vicinity;

h. Inspiration of compact, mixed-use development to strengthen the sense of Bruneian Identity;

i. The building design shall indicate ‘green’ concept with suitable facilities and systems for energy conservation, water conservation, waste management and recycling, the use of safe and durable materials and to address safety and universal access issues;

j. Any proposed infrastructure should be installed according to international best practice

standards in order to supply services without replacing or destroying the existing fabric or

historic integrity of the water villages;

k. Design techniques should follow the urban design guidelines for new developments in KA ie.

Building and Pedestrian Walkway guidelines; Building and Open spaces Typologies;

Substructure and Materials;

l. List below the brief concept with the existing development in KA:

Development Concept Existing similar

1 Destination Restaurant Create a year-round destination;

public open

spaces/formal/informal public

activities; Open café, alfresco

setting, Kiosks & Souvenir

shops, retail & Dining, Cultural

Performance and Vibrant Socio-

Economic Activities

Mangrove

Paradise,

Tarindak D’ Seni,

Horizon

2 Leisure Resort Mangrove Spa Resort, Eco-

Tourism, Water borne sports,

traditional/cultural events,

fishing village, marina &

promenade

Mangrove

Paradise,

Cultural fishing



3 Heritage

accommodation

Bruneian identity on the built

environment, homestay types

depend on d demand trends Mangrove

Paradise, Kg Ayer

Gallery, Kunyit 7,

Sg Matan’s

Homestay &

Cultural Fishing

Village

2.7. Alternative Approach The Proponent may include a preferred and mutually beneficial commercial option (if any) for MOHA consideration other than the recommended approach set out in this RFP.

2.8. Support Requirements The Proponent may indicate if it requires any non-financial support from Goverment Entities. If the Proponent requires any such non-financial support from Goverment Entities, the Proponent shall expressly set out the required supports in its proposal. Failure to do so, entitles MOHA to assume that no non-financial support is required from the Goverment Entities.

3. PROPONENT SELECTION PROCESS

3.1. Introduction

This section outlines the: RFP assessment process; and Selection criteria for selecting a Preferred Proponent.

3.2. RFP Process overview

Issuance of RFP.

Lodgement of proposals by the Proponents.

The Proponents may be asked to provide further information to clarify any aspects of their proposals.

The Proponents shall be invited to perform due diligence during the formulation and prior to the submission of their proposals.

Presentation of proposals by the shortlisted Proponents.

Evaluation of proposals using the Selection Criteria outlined in this RFP.

Selection of the Preferred Proponents.



MOHA, relevant stakeholders and the Preferred Proponent shall be required to enter into all

necessary project documents for the implementation of the Project.

The proposed timeline for the RFP Process as shown below:

Event Indicative Date*

Issuance of RFP 14 February 2017

Proponent Fact Finding in Brunei Darussalam February to April 2017

Briefing Day and Site Visit To be advised

Deadline for submission of RFP 18 April 2017

Presentation by Selected Proponents May 2017

Selection of Preferred Proponent June 2017

* the timeline shown in above is subject to change without notice.

3.3. Selection Criteria for Proposals

This section outlines the criteria that should be addressed by all Proponents. MOHA shall use this as the primary information to select the Preferred Proponent.

Accordingly, the critical selection criteria shall include, but is not limited to the Proponent’s:

3.3.1. Operational Expertise and Experience

The Proponents will need to demonstrate their years of experience and expertise in developing and operating mixed-use development. The Proponents must have the experience in developing and operating similar or bigger Project of at least one (1) mixed-use development during the last five (5) years.

3.3.2. Financial Capability and Stability

The Proponents are required to demonstrate their financial capability to bring in adequate financial resources required to establish and complete the proposed Project including annual turnover in the preceding three (3) years. The Proponents shall provide accurate information on any potential, current or past litigation or arbitration resulting from any contractual obligations in the last five (5) years.

The Proponents complying with the requirements in section 3.3.1 and section 3.3.2 above would be shortlisted, and their proposals would be further evaluated based on the following criteria:

3.3.3. Business Plan

The Proponents are required to provide a detailed, well thought-out and comprehensive Business Plan with the commitment to revitalise KA in the long term. The Business Plan must be able to bring in customers for a sustainable business throughout the proposed lease period or project life that includes the development plan such that the any design strategies and approaches in line as listed in section 2.5 and 2.6.



4. PROPOSAL SUBMISSION REQUIREMENTS

4.1. Introduction

The purpose of this RFP is to facilitate the selection of the Preferred Proponent capable of undertaking the development of Heritage Accommodation, Destination Restaurant and Leisure Resort in efforts to revitalise Kampong Ayer (“KA”) .

4.2. Mandatory Information

The following information, along with the Letter of Response in Appendix B must be submitted as part of each proposal by the Proponent (including its consortium members, if applicable) and its parent company (where applicable). The Proponents are advised to adhere to the submission requirements. Failure to comply with the instructions of this RFP will be the cause for rejection of the proposal submitted. 4.2.1. Proponent Information

The Proponent shall provide in the proposal the following: The full name and nature of the entity, Business Number, Company Number or other identification

number, place of incorporation/registration, registered office address, beneficial owners/shareholders (in case of a public-listed company, majority top 5 shareholders) and details of current members of the board of directors. Please provide a copy of company registration certificate.

Details of the Proponent’s authorised representative who has been given a mandate to make

decisions for and on behalf of the Proponent, and bind the Proponent, including in relation to amendments to the proposal.

A diagram of the corporate structure of the Proponent. Where a consortium is proposed, the Proponent shall indicate for each consortium member the percentage level of shareholding in the Proponent’s consortium (if applicable), and any other relevant information to enable MOHA to understand the ownership and control interests (direct and indirect) in the Proponent’s consortium. If the Proponent incorporates a trust, partnership or unincorporated joint venture, appropriate equivalent details must be provided.

Details of the intended roles, responsibilities and relationships of each of the consortium members, including details of all existing or intended agreements relating to participation, financial support, management or technical service between consortium members (including their associates) and the Proponents.

4.2.2. Proponent Expertise and Experience The Lead Proponent shall provide in the proposal the following: A description of the company profile which includes relevant experience in developing and

operating commercial developments, similar to that being proposed by submitting the respective Proponent’s experience including personnel information, company background and ownership structure.

4.2.3. Financial Information The Lead Proponent shall provide in the proposal the following:



A Bank Letter of Support.

Audited annual accounts for the past three (3) years, consisting such as unabridged balance

sheet, profit and loss account, auditor’s report etc.

A listing and explanation of any potential, past, and pending litigation, if any.

4.2.4. Business Plan

The Proponent shall provide in the proposal a well thought-out and comprehensive Business Plan, and shall include but not limited to the following:

A Development concept for the Project which must demonstrate how the Development can create

high impact on the revitalisation of KA. Business Plan should describe how the Development will attract crowds to KA in order to ensure

the business sustainability of the Project. A brief description of the proposed activities in Local Enterpreneur commercial area, banquet hall,

community involvement, restaurant and homestay as listed in section 2.6.

The proposed project work schedule, including the milestones and project timeline. Details of how the Proponent proposes to ensure quality management and timely completion of

the Project.

Artist Impression or 3d illustration of the conceptual plans at this stage.

4.2.5. Financial Proposal The Proponent shall provide in the proposal the following: Proposed financial proposal in relation to the development of Heritage Accommodation,

Destination Restaurant and Leisure Resort at Kampong Ayer in efforts to revitalise the KA .

Propose a lease period. The Proponents shall complete Form 5.

4.2.6. Documents Comprising the Proposal

The proposal submission by the Proponent shall comprise the following:

No. Description

1 Letter of Response (Appendix B) to be signed by the Proponent or Lead Proponent. In the case of consortium, to be signed by every member of the consortium.

2 Declaration relating to Collusive Tendering Format (Appendix C) to be signed by the Proponent or Lead Proponent. In the case of consortium, every member of the consortium.

3 Submission Checklist (Appendix D).

4 Form 1: Proponent information including Company Registration Certificate and Corporate Structure.



5 Form 1A: Consortium or Joint Venture Summary.

6 Form 2: Financial Information including Bank Letter of Support and Annual Audited Financial Statements

7 Form 3: Expertise and Experience Record.

8 Form 4: Business Plan including Conceptual Plan.

9 Form 5: Financial Proposal.

10 Form 6: Any other information.

5. GENERAL TERMS AND CONDITIONS

This section of the RFP describes the General Terms and Conditions that apply to the RFP process which each Proponent accepts by the lodgement of a proposal.

5.1. No Obligation

MOHA has compiled this RFP for the guidance of prospective Proponents. The provision of this information is not intended to, nor shall it constitute, any legal relationship between MOHA and the recipient of this information, except to the extent that it contains acknowledgements by the Proponents, and such acknowledgements are to be binding on the Proponent.

5.2. Costs borne by Proponents

The Proponents shall bear all costs, expenses and losses incurred in connection with, arising out of or in relation to the development, preparation and lodgement of proposals for this RFP, including but not limited to attendance at meetings, discussions, site visits and providing any additional information required by MOHA. In no event shall MOHA be liable to the Proponents for any cost or damages incurred in connection with the RFP process, including but not limited to, any and all costs incurred in reliance on this RFP. The Proponents shall not be entitled to repayment from MOHA for any costs, expenses or fees related to this RFP.

5.3. No Warranty

MOHA makes no representation or warranty, express or implied, as to the reliability, accuracy or completeness of the information contained in this RFP or any information that may be provided in association with it. MOHA accepts no responsibility or liability, whether arising from, in connection with or in relation to this RFP including any claims of negligence or otherwise or any reliance placed on the contents of this RFP or for any representations (whether expressed or implied) or information contained in or any



omissions from this RFP, or any written or verbal communication with a recipient in the course of evaluation of the Project. Each Proponent releases MOHA from any such responsibility or liability. This RFP and any information that is subsequently provided by or on behalf of MOHA has been prepared to give prospective Proponents background information on the Project. This RFP does not purport to comprehensively describe the scope of the Project or to contain all the information that prospective Proponents and their advisors may desire in relation to whether or not to submit a proposal. The Proponents must form their own views as to what information is relevant and they must also rely on their own investigations to satisfy themselves in relation to all aspects of the proposal.

5.4. Right to Alter or Terminate Process

MOHA reserves the right, in its sole discretion, at any stage to: Terminate the process for any reason; Terminate further participation in the process by any party; Amend the structure, content, procedures and timing of the process; Allow further parties to enter the process post the lodgement of the proposal whether or not those

parties have submitted a proposal in accordance with this RFP; and Decide not to proceed with, carry out itself, or have any other person carry out all or part of the Project.

5.5. Variations to this RFP Document

MOHA reserves the right to vary this RFP and all Proponents should ensure that they are registered with MOHA to receive information on additions or variations to this RFP. The Proponents are to satisfy themselves that they have received, acknowledged and addressed all variations that have been issued up to the closing date of the lodgement of their proposals. Updates or any additions or variations will be provided via e-mail from the officer-in-charge.

5.6. Changes to Consortia Members

Any proposed changes to the shareholding or membership of the Proponent or their consortium after the lodgement of a proposal are subject to the written approval of MOHA at its absolute discretion.

5.7. Confidentiality

All documents and information submitted by the Proponents may be disclosed within MOHA to its advisors, and to relevant Government departments, agencies and/or bodies on a need to know basis. Notwithstanding the above, the confidentiality of any information submitted by the Proponents, which is not available to the public, will be respected except where disclosure is required by law.

All Proponents will be required to maintain confidentiality with respect to their own submissions, and should not seek details of competing submissions. The names of those registered to receive RFP documents will not be made available to other parties.

5.8. Ownership of Proposals

All proposals and accompanying or supporting documents submitted in response to this RFP will become the property of MOHA on lodgement. MOHA reserves the right for it to copy, adapt or otherwise disclose to its officers, agents or advisors or to any other party from whom MOHA may seek advice on the material contained in the documents lodged. Intellectual property that has been



specifically identified by the Proponents to be contained in the material submitted and has been demonstrated to the satisfaction of MOHA to exist may remain the property of the Proponent.

5.9. Proponents to fully inform themselves

The Proponents shall make independent enquiry and satisfy themselves with respect to all the required information, inputs, conditions and circumstances and factors that may have any effect on their proposal, including familiarity with all the relevant laws of Brunei Darussalam.

5.10. Integrity of Proponents

Every Proponent must: (a) Comply with relevant laws and acceptable probity standards in preparing and lodging its proposal;

(b) Without limiting paragraph (a) above:

(i) not collude with, accept any commission from, offer any commission to, any other

Proponent;

(ii) not disclose any part of its proposal to any other Proponent;

(iii) not enter into any contract, arrangement or understanding with any other Proponent or any trade, industry or other association to the effect that the Proponent, if successful, will confer any benefit on any other party;

(iv) not offer incentives, gifts or other favours to any person who is in any way:

1. involved with; 2. capable of providing technical or other advice to those who are involved in any way

with; or 3. in a position to influence, the evaluation of proposals, including without limitation any

person closely related or associated with those persons or entities; and (v) not enter any improper or anti-competitive contract, arrangement or understanding with

any other party in connection to the Proponent’s proposal.

6. ENQUIRIES, INFORMATION AND LODGEMENT OF PROPOSALS

This section of the RFP outlines the administrative arrangements for making enquiries and submitting a proposal.

6.1. Enquiries

Any Proponents requiring clarification of the RFP may e-mail their questions to RFP Secretariat at [email protected] with subject heading “Proposal to Invest, Build And Operate Commercial Activites In The Vicinity Of Kampong Ayer”. MOHA shall not respond to any request for clarification received fifteen (15) working days prior to the deadline for submission of proposal. Copies of MOHA response will be forwarded to all Proponents.

mailto:[email protected]



6.2. Fact finding by Proponents The Proponents are encouraged to visit Brunei Darussalam and the Project site for fact finding and obtain information which they deem fit and necessary for the preparation of their proposal.

6.3. Briefing and Site Visit

The Proponents are encouraged to come for the briefing and visit to the Project site on a date and time to be advised at a later stage.

The Proponents shall be held to have their own independent observations and enquiries when submitting their proposal to MOHA.

6.4. Lodgement of Proposals

The Proponents shall submit hard copy proposals to be received before 1400hrs (Brunei Darussalam Time) on 18

th April 2017 addressed to:

Mini Tender Board Ground Floor, Ministry of Home Affairs Jalan James Pearce Bandar Seri Begawan BS8610 Brunei Darussalam

Lodgement via facsimile and/or e-mail will not be accepted. Proposals lodged after the deadline will not be considered unless MOHA determines at its absolute discretion and without any obligation to do so that it is appropriate for a later proposal to be considered. Proposals submissions shall comprise of ONE (1) original and FOUR (4) paper copies, marked “ORIGINAL” and “COPIES” respectively, along with an electronic copy in PDF and Word/Excel format, and shall be submitted in a sealed envelope clearly labelled “Proposal to Invest, Build And Operate Commercial Activites In The Vicinity Of Kampong Ayer”. MOHA will assign a reference number for any RFP issued. This reference number should be quoted in any correspondence and during proposal submission.

6.5. Contact Details

The Proponents are requested to provide a single point of contact for their proposal (name of the company, name of the individual to be contacted, phone number, facsimile number, email and postal address) as part of their proposal.



APPENDIX A: SITE INFORMATION

1. Destination Restaurant at Kg Burong Pinggai Ayer

Fig. A.1.1: Destination Restaurant: Kg Burong Pinggai Ayer - The view of burnt wreckage of school

building structures

Fig. A.1.2: Kg Burong Pinggai Ayer: The current panoramas of the kampong



2. Leisure Resort at Pulau Sibungor

Fig. A.2.1: Leisure Resort: Pulau Sibungor – the small island rich with mangrove viewing from Mukim

Kota Batu

3. Heritage Accomodation within the Kampong Ayer’s commercial vicinity of

the Brunei river frontage overlooking the capital’s CBD

Fig. A.3.1: Heritage Accomdation: Brunei River’s frontage overlooking Yayasan Complex, Waterfront

and other CBD in the capital



Fig. A.3.2: Heritage Accommodation: View of river’s frontage that can be seen the ongoing Sg

Kabun’s bridge and Kampong Ayer’s Gallery

Fig. A.3.3: Heritage Accommodation: View of typical houses at Kampong Ayer view from BSB

Waterfront



Kampong Ayer’s amenities list:

# Facilities Availabilities

1 Mode of Transport Water and Land (Jln Lumapas, Jln Residency via the ongoing Sg Kabun’s bridge)

2 Services a. Jetties for boat passengers

b. Water taxis

c. Utilities: portable water, power supply,

telephone with internet

d. Pedestrian walk/pathways with street

lighting

e. Tourist: Kg Ayer’s Gallery, water cruise,

homestays

3 Infrastructure a. Mosques and Suraus

b. Primary Schools

c. Police Station

d. Fire Brigade

Jalan

Residency

Sg Kabun

Bridge (ongoing)

C B D

C B D

Yayasan

Complex

BSB

Waterfront

Jalan

Lumapas

Fig. A.4: Kampong Ayer’s Mode of Transport (2017: Google Earth Imagery)



e. Clinic

f. Communal halls

g. Small shops

h. Advertisement Panel Board



APPENDIX B: LETTER OF RESPONSE FORMAT

(Letterhead paper of the Proponent or Leader responsible for a joint venture or consortium, including

full postal address, telephone number, fax number and email contact)

Date:

Mini Tender Board

Ground Floor, Ministry of Home Affairs

Jalan James Pearce

Bandar Seri Begawan BS8610

Negara Brunei Darussalam

Dear Sir,

REQUEST FOR PROPOSAL

TO INVEST, BUILD AND OPERATE COMMERCIAL ACTIVITES

IN THE VICINITY OF KAMPONG AYER

REFERENCE NO:

1. We, the undersigned, have been authorised to represent and act on behalf of

______________________________ (please insert the name of the Proponent or the Consortium)

(hereinafter referred to as “the Proponent”). We have read, examined and understood the requirements

of the Request for Proposal (“RFP to Invest, Build And Operate Commercial Activites In The Vicinity Of

Kampong Ayer (hereinafter referred to as “Project”). We hereby submit our proposal.

2. Contact Person

MOHA may contact the following person(s) on behalf of the Proponent for further information:

Name:

Designation:

Company:

Address:

Phone No:

Fax No:

Email address:

3. MOHA’s rights with regards to RFP Process

This Proposal is made in the full understanding and representation that:

(a) MOHA reserves the right to reject or accept any proposal and to annul the Proponent

selection process in relation to of this RFP (Proponent Selection Process);

(b) MOHA will not be liable for any actions nor be under any obligation to inform the Proponent of

the reasons for such actions stipulated in paragraph 3(a) in this letter;



(c) We, the Proponent, accept and will bear all costs incurred in preparing and submitting this

Proposal; and

(d) We hereby expressly and irrevocably waive any and all claims in respect of, arising out of,

and/or in relation to the Proponent Selection Process and the RFP including any claims of

negligence.

4. Complete proposal

The information submitted in our Proposal is complete, strictly as per the requirements stipulated in

the RFP and is correct to the best of our knowledge and understanding. We would be solely

responsible for any errors or omissions in our Proposal.

5. Validity

This Proposal shall remain valid for a period of twenty-four (24) months from the date of this letter.

Signed: Signed:

Name: Name:

Designation: Designation:

For and on behalf of: For and on behalf of:

(name of Proponent or Lead Proponent) (name of Consortium member, if applicable)

(Company Stamp) (Company Stamp)



APPENDIX C: DECLARATION RELATING TO COLLUSIVE TENDERING FORMAT

(Letterhead paper of the Proponent or Leader responsible for a joint venture or consortium, including full postal address, telephone number, fax number and email contact)

Date:

Mini Tender Board

Ground Floor, Ministry of Home Affairs

Jalan James Pearce

Bandar Seri Begawan BS8610

Negara Brunei Darussalam

Dear Sir,

REQUEST FOR PROPOSAL TO INVEST, BUILD AND OPERATE COMMERCIAL ACTIVITES

IN THE VICINITY OF KAMPONG AYER. 1. The essence of this RFP is that MOHA shall receive bona fide competitive proposals from those

participating. In recognition of this principle, we hereby certify that this is a bona fide proposal, intended to be competitive, and that we have not fixed or adjusted our submissions by, under or in accordance with any agreement or arrangement with any other person.

2. We also certify that we have not done and we undertake that we will not for the period this RFP is

open for acceptance, do any of the following acts:

(a) Communicate to a person other than the person calling for this RFP, the amount or approximate amount of the proposed submission, except where the disclosure, in confidence, of the approximate amount of the submission was necessary to obtain insurance premium quotations required for the preparation of the submission;

(b) Enter into any agreement or arrangement with any other person that he shall refrain from

participating in this RFP, or as to the amount of any proposal to be submitted; and (c) Pay a bribe in connection with this RFP.

3. In this declaration, the word “person” includes any person or body and “any agreement or

arrangement” includes any transaction, formal or informal, and whether legally binding or not.

Signed: Signed:

Name: Name:







APPENDIX D: SUBMISSION CHECKLIST

Name of Proponent: We confirm that we have submitted a proposal which consists of the following required documents:

No. Description Submitted / Not Submitted

1 Appendix B: Letter of Response signed by the Proponent or Lead Proponent. In the case of consortoum, to be signed by every member of the consortium.

2 Appendix C: Declaration relating to Collusive Tendering Format signed by the Proponent or Lead Proponent. In the case of consortium, every member of the consortium.

3 Appendix D: Submission Checklist.

4 Form 1: Proponent Information including Company Registration Certificate and Corporate Structure.

5 Form 1A: Consortium or Joint Venture Summary

6 Form 2: Financial Information including Bank Letter of Support and Annual Audited Financial Statements.

7 Form 3: Expertise and Experience Record.

8 Form 4: Business Plan including Concept Drawing.

9 Form 5: Financial Proposal.

10 Form 6: Any other information.

We confirm that failure to comply with the requirements of proposal submission will be at our own risk.

Signed: Signed:

Name: Name:







FORM 1 PAGE ____ OF ____ PAGES

PROPONENT INFORMATION

All individual Proponents and each member of a consortium or joint venture participating in the RFP must

complete the information in this FORM 1.

Use a separate sheet for each member of a consortium or joint venture.

1 Name of proponent:

2 Nature of Entity:

3 Business No./

Company No./ Other

Identification No.:

4 Registered Office

Address:

5 Website Address:

6 Telephone: Fax:

7 Name of Authorised

Representative:

Email:

8 Place of

Incorporation /

Registration:

Year of

Incorporation /

Registration:

9 Number of Staff: Technical: Non-technical:

10 Company

background and

business history

(Brief statement of company’s background and history. Alternatively to attach the required information to this FORM)



Please indicate the citizenship / residency status for both shareholders (holding more than a 10% interest)

and directors. Proponents are to insert additional rows where necessary.

Citizenship / Resident Status of Shareholders holding more than a 10% interest

Name Citizenship / Resident Status

1

2

3

4

5

Citizenship / Resident Status of Directors

Name Citizenship / Resident Status

1

2

3

4

5

All Proponents are to provide the following information for the authorized representative of the prospective

proponent. In the case of a consortium or joint venture, this shall be the individual authorized to represent and

act on behalf of the consortium or joint venture.

Authorized representative’s name

Designation

Company

Citizenship

Address

Telephone number

Fax number

Email address



All Proponents are to provide the following information for the individual who would serve as the point of

contact/communication with MOHA.

Point of contact’s name

Designation

Company

Citizenship

Address

Telephone number

Fax number

Email address

Please attach a copy of the company registration certificate.

Please include a diagram of the corporate structure of the Proponent.



FORM 1A PAGE ____ OF ____ PAGES

CONSORTIUM OR JOINT VENTURE SUMMARY

Where a consortium or joint venture is proposed, the Proponent shall indicate for each consortium member the

percentage level of shareholding in the Proponent’s consortium (if applicable), and any other relevant information to

enable MOHA to understand ownership and control interests (direct and indirect) in the Proponent’s consortium. If

the Proponent incorporates a trust, partnership or unincorporated joint venture, appropriate equivalent details must

be provided.

Names of All Members of a Consortium or Joint Venture

Shareholding Percentage in the Consortium

Intended Roles, Responsibilities and Relationships of each member of a consortium or Joint Venture*

1 Lead Member:

2 Member:

3 Member:

4 Member:

* Please include details of all existing or intended agreements relating to participation, financial support,

management or technical service between consortium members (including their associates) and the Proponents.




FINANCIAL INFORMATION

Name of the Proponent (or member of a consortium or joint venture):

The Proponents or Lead Proponent in the case of consortium or joint venture including each member of a

consortium or joint venture, must provide financial information to demonstrate that they meet the

requirements stated in the Proposal Submission Requirements and Selection Criteria. If necessary, use

separate sheets to provide complete banker information. A copy of the audited financial statements with

explanatory notes must be attached.

Name of Banker:

Address of Banker:

Banker Telephone: Contact Name and Position

Fax:

Email:

Summarise Profit & Loss, actual assets and liabilities in reported currency for the latest three years.

Financial Information Last Financial

Year 3 – 201x

Last Financial

Year 2 – 201x

Last Financial

Year 1 – 201x

Annual Turnover

Total Assets

Current Assets

Total Liabilities

Current Liabilities

Profits before Taxes

Profits after Taxes

Equity (Net Asset)



Summarise Profit & Loss, actual assets and liabilities in Brunei Dollars (B$) for the latest three

years.

Financial Information Last Financial

Year 3 – 201x

Last Financial

Year 2 – 201x

Last Financial

Year 1 – 201x

Annual Turnover

Total Assets

Current Assets

Total Liabilities

Current Liabilities

Profits before Taxes

Profits after Taxes

Equity (Net Asset)

Note: To state Exchange Rate applied for conversion to Brunei Dollars

The Proponents, including each member of a consortium or joint venture, must provide information on any

history of litigation or arbitration resulting from contracts executed during the last five (5) years or currently

under execution.

Use a separate sheet for each member of a consortium or joint venture

Year Award FOR or

AGAINST Proponent

Name of client, cause

of litigation, and

matter in dispute

Disputed amount (current value in B$ or in

National Currency)

Please attach audited financial statement for the latest three (3) years. Note: Where the audited

financial statement is not in the English language, it is to be translated and certified true and correct by

the external financial auditors of the submitting party.

Please attach Bank Letter of Support.

Please attach disclosure of business operations in and outside Brunei Darussalam, especially

operations in South East Asia (where applicable).




EXPERTISE AND EXPERIENCE RECORD


The Proponents must have experience in developing and operating at least 1 commercial development during

the last five (5) years. Proponents must list their previous experience in developing and operating commercial

development. The information is to be summarised for each project completed or in progress by the

Proponent or by each member of a consortium or joint venture.

Use a separate sheet for each service or project.

1 Name of Project:

Country:

2 Name of Owner /

Employer:

3 Address of Owner /

Employer:

Fax

No:

Tel

No:

Email:

4 Number of Staff Involved:

5 Project Role (tick where applicable)

( ) Owner ( ) Partner in a JV ( ) Others, please specify ......................

6 Details of Project provided:

7 Value of the Project (B$):

8 Size of Project: Gross Floor Area (in square foot):

9 Project Start Date:

10 Project Completion Date:

11 Salient Features of the Project:

12 Any other remarks:




Business Proposal


Refer to Section 2.5 Scope of Project and Section 4.2.4 Business Plan for the detailed requirement of the

submission.

Enter response here




Financial Proposal


Refer to Section 2.5 Scope of Project and Section 4.2.5 Financial Proposal for the detailed requirement of the

submission.

B. Financial offers to the Government Entities for Heritage Accommodation, Destination Restaurant and Leisure Resort at Kampong Ayer for Year ______ to Year ______

Year Heritage Accommodation, Destination Restaurant and Leisure Resort

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 . . . . . . . . . .




ANY OTHER INFORMATION


Enter response here