Post on 25-Feb-2023
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Perbadanan Bukit Bendera Pulau Pinang Tingkat 7, Bangunan PBBPP, Jalan Stesen Bukit Bendera Ayer Hitam, 11500, Pulau Pinang, Malaysia Tel. No : +604-8288880(Hunting Line Fax. No :+604-8288862).
1. PARTICULARS OF APPLICANT
1.1 Name : ___________________________________________________
1.2 Registered Address : ___________________________________________________
___________________________________________________
Business Address : ___________________________________________________
___________________________________________________
Postal Address : ___________________________________________________
___________________________________________________
Telephone No. : ____________________ (Office) ____________________ (H/P)
Fax No. : ___________________________________________________
E-mail : ___________________________________________________
1.3 Type of Entity : Company / Partnership / Trading Co. / Individual /
Co-operative / Statutory / Government Department / Society
Others: _____________________________________________
1.4 Name, I/C and address of Directors / Partners/ Proprietors
Name & I/C No. Address
a) ______________________
______________________
___________________________________________
___________________________________________
b) ______________________
______________________
___________________________________________
___________________________________________
c) ______________________
______________________
___________________________________________
___________________________________________
PENANG HILL GALLERY@EDGECLIFF ROOFTOP KIOSK LEASING APPLICATION FORM PERBADANAN BUKIT BENDERA PULAU PINANG (PBBPP)
Passport Size Photo
Ref. No: …………………………
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d) ______________________
______________________
___________________________________________
___________________________________________
1.5 List of Shareholders (where applicable)
Name Equity (%) Value (RM)
a) ______________________ ___________ ____________________
b) ______________________ ___________ ____________________
c) ______________________ ___________ ____________________
d) ______________________ ___________ ____________________
e) ______________________ ___________ ____________________
TOTAL: ___________ ____________________
1.6 Financial performance of company (where applicable) for last 3 years.
a) Please submit the audited accounts of your company for the last 3 years as mentioned
above.
b) Please submit the latest 3 months bank statement of your company.
Details Year _______ Year _______ Year _______
Profit / (Loss) before tax (RM)
Profit / (Loss) after tax (RM)
Accumulated Profit / (Loss) (RM)
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2. COMPANY PROFILE FORM
2.1 Company Name: _______________________________________________________________
2.2 Company Registration No: _______________________________________________________
2.3 Year of Incorporation: ___________________________________________________________
2.4 Nature of Main Business: ________________________________________________________
2.5 Franchise: Yes No
2.6 Office Location:
Head Office Address : _________________________________________________________
_________________________________________________________ Branch (es) Address : (i) _______________________________________________________ _______________________________________________________
(ii)_______________________________________________________ _______________________________________________________
2.7 Contact Number:
Telephone No: ____________________________________________
Fax No: __________________________________________________
Email Address: ____________________________________________
2.8 Type of Organization
i. Sole Proprietorship:
a. Owner Name: ___________________________________________________________
b. NRIC No.: ______________________________________________________________
2.9 Company Capital Structure (Fill in applicable area only)
i. Sole Proprietorship / Partnership: RM __________________________________________ ii. Private Limited / Public Limited: RM __________________________________________ a. Authorized Capital: RM __________________________________________ b. Paid Up Capital: RM __________________________________________ (Please submit a copy of Form 49 and Form 24 of the company)
2.10 Number of Employees Local : ________________________________ Foreign : ________________________________ (To attach photocopy of permit) * Kindly attached a list of employees with the proposal
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3. PARTICULARS OF LOT APPLIED FOR (where applicable)
3.1 Location 1 (Primary) : Rooftop Kiosk at Penang Hill Gallery@Edgecliff_____
3.2 Estimated size (sq. ft.) : 922.04 sq. ft_________________________________
3.3 Type of business proposed (please attach business proposal: refer to 2.0 - Instruction to
the Applicant)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
3.4 Halal Food (no pork and no alcohol): Yes No
Halal Certificate (optional)
3.5 Experience related to the above business activities: _________________________
_____________________________________________________________________
_____________________________________________________________________
3.6 Proposed Rental Price
Preferred
Business Type Area Sqft
Reserved Rental
Price
Proposed Rental Price Rooftop
Kiosk F&B 922.04 RM2,500
3.7 Renovation Schedule (Please attach)
4. HAVE YOU BEEN AFFECTED BY ANY PHC/STATE GOVERNMENT PROJECTS IN THE PAST?
(IF YES, PLEASE SPECIFY)
4.1 Name of Project: ______________________________________________________
4.2 Address of affected premise: ____________________________________________
_____________________________________________________________________
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5. HAVE YOU RENTED ANY PROPERTIES FROM PHC BEFORE OR ENGAGED IN ANY
BUSINESS/TRANSACTIONS WITH PHC? (IF YES, PLEASE SPECIFY):
5.1 Premise No. : __________________________________________________
5.2 Location : __________________________________________________
5.3 Type of business activities: _____________________________________________
6. HAVE YOU BEEN JUDGED AS BANKRUPT BEFORE / BEEN BLACKLISTED BEFORE?
(IF YES, PLEASE EXPLAIN):
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
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I HEREBY DECLARE THAT TO THE BEST OF MY KNOWLEDGE AND BELIED ALL THE
PARTICULARS FURNISHED ABOVE ARE TRUE, THIS APPLICATION WILL BE REVOKED ON
THE GROUNDS OF FALSE INFORMATION GIVEN.
Signature of Applicant : ______________________________________________
Name : ______________________________________________
I/C No. : ______________________________________________
(Please provide a photocopy of I/C)
Designation : ______________________________________________
Date : ______________________________________________
Company : ______________________________________________
Company Chop :
Signature of Witness : ______________________________________________
Name : ______________________________________________
I/C No. : ______________________________________________
(Please provide a photocopy of I/C)
Designation : ______________________________________________
Date : ______________________________________________
Company : ______________________________________________
Company Chop
IMPORTANT NOTICE
1. The sale / rental price is subject to changes as and when there is a price revision. PHC
is not bound by this application to the current price.
2. PHC will only process your application upon submission of the duty completed
application form together with all the relevant certified documents.
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FOR OFFICIAL USE
Date of Receipt : _____________________________________________
Name of Receiver : _____________________________________________
Signature :
Notes : _____________________________________________
_____________________________________________
_____________________________________________
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INTEGRITY PACT DECLARATION FORM
APPLICANT’S DECLARATION FORM
FOR
REQUEST FOR PROPOSAL, OF PENANG HILL GALLERY@EDGECLIFF ROOFTOP KIOSK
LEASING, EDGECLIFF BUNGALOW, PENANG HILL, AYER ITAM, 11500 PENANG,
MALAYSIA
I, …………………………………………………… (Name of Company Representative) NRIC
No. ……………………… representing …………………………...……............. (Name of
Company) with registration number……………………………….……….……………………….
(Company Registration No.) hereby declare that I, or any individual(s) representing this
company, shall not offer or give bribes to any individual(s) in Penang Hill Corporation (PHC) or
any other individual(s), as an inducement to be selected in the aforementioned RFP. I attach
herewith a Letter of Authorization which empowers me, as a representative of the
aforementioned company, to make this declaration.
2. If I, or any individual(s) representing this company, is offering or giving any bribes to any
individual(s) in PHC or any other individual(s) as an inducement to be selected in the
aforementioned RFP, I hereby agree, as a representative of the aforementioned company, for
the following actions to be taken:
11.1 Revocation of the contract offer for the aforementioned RFP; or
11.2 Termination of the contract for the aforementioned RFP; and
11.3 Other disciplinary actions according to the Government Procurement Rules and
regulations currently in force.
3. In the event where there is any individual(s) who attempts to solicitate any bribe from me
or any individual(s) related to this company as an inducement to be selected for the
aforementioned RFP, I hereby pledge to immediately report such act(s) to the Malaysian Anti-
Corruption Commission (MACC)’s office or at the nearest police station.
Sincerely,
……………………………
(Signature)
(Name and NRIC No.)
Company Stamp:
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INTEGRITY PACT DECLARATION FORM
SUCCESSFUL APPLICANT’S DECLARATION FORM
FOR
REQUEST FOR PROPOSAL, OF PENANG HILL GALLERY@EDGECLIFF ROOFTOP KIOSK
LEASING, EDGECLIFF BUNGALOW, PENANG HILL, AYER ITAM, 11500 PENANG,
MALAYSIA
I, …………………………………………………… (Name of Company Representative) NRIC
No. ……………………… representing …………………………..……............. (Name of
Company) with registration number ………………………….……………………………….
(Company Registration No.) hereby declare that I, or any individual(s) representing this
company, shall not offer or give bribes to any individual(s) in Penang Hill Corporation (PHC) or
any other individual(s), as gratification for being selected in the aforementioned RFP. I attach
herewith a Letter of Authorization which empowers me, as the representative of the
aforementioned company, to make this declaration.
2. If I, or any individual(s) representing this company, is offering or giving bribes to any
individual(s) in PHC or any other individual(s) as gratification for being selected in the
aforementioned RFP, I hereby agree, as a representative of the aforementioned company, for
the following actions to be taken:
11.1 Revocation of the contract offer for the aforementioned RFP; or
11.2 Termination of the contract for the aforementioned RFP; and
11.3 Other disciplinary actions according to the Government Procurement Rules and
regulations in force.
3. In the event where there is any individual(s) who attempts to solicitate any bribe from me
or any individual(s) related to this company as gratification for being selected for the
aforementioned RFP, I hereby pledge to immediately report such act(s) to the Malaysian Anti-
Corruption Commission (MACC)’s office or at the nearest police station.
Sincerely,
……………………………
(Signature)
(Name and NRIC No.)
Company Stamp:
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PERSONAL DATA PROTECTION NOTICE
1. This Personal Data Protection Notice (“Notice”) describes how PENANG HILL
CORPORATION, a body corporate incorporated under the Penang Development
Corporation Enactment, 1971 and having its office at Tingkat 7, Bangunan PBBPP,
Jalan Stesen Bukit Bendera, Ayer Itam, 11500 Pulau Pinang and PHC’s subsidiaries
and associate companies (collectively “PHC”) use your Personal Data.
2. By engaging PHC to provide services or by interacting with PHC either at our events,
conferences, seminars, talks or otherwise, or by using the PHC website
www.penanghill.gov.my (“Website”), you consent to the processing of your Personal
Data by PHC and all persons involved in the provision of services by PHC.
3. PHC shall have the right to modify, update or amend the terms of this Notice at any time
by placing the updated Notice on our Website. By continuing to communicate with PHC
or by continuing to use PHC’s services following the modifications, updates or
amendments to this Notice shall signify your acceptance of such modifications, updates
or amendments.
4. In the event of any conflict between the English and other language versions, the
English version shall prevail.
Collection of Personal Data
5. “Personal Data” means information about you which you have provided to PHC, such as
your name, NRIC number, address, telephone number, email address, your personal
preferences, particulars of your spouse or family members and bank account information
and any information which may identify you, your spouse or family members that has
been or may be collected, stored, used and processed by PHC from time to time.
6. In addition to the Personal Data you provide to PHC directly i.e. during your
communications with PHC and/or when you engage PHC to provide services, PHC may
also collect your Personal Data from a variety of sources, including without limitation at
any events, conferences, seminars or talks organized or sponsored by PHC and/or from
the cookies used on the Website.
7. The provision of your Personal Data is voluntary. However, if you do not provide your
Personal Data, PHC may not be able to (i) communicate with you; (ii) provide you the
services you require or (iii) access certain sections of the Website where logging in is
required.
8. If you do not wish for your Personal Data to be collected via cookies on the Website, you
may deactivate cookies.
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Purposes of Processing
9. PHC may use and process your Personal Data for the purposes relating to the services
you have requested and for the business activities of PHC which shall include, without
limitation:
(a) To communicate with you;
(b) To respond to questions and comments from you;
(c) For internal administrative purposes;
(d) To provide information to regulatory and governmental authorities in order to
comply with statutory and government requirements;
(e) For PHC to comply with its obligations under the law;
(f) in circumstances where delay or default of payment occurred, to supply to our
appointed lawyers, debt collecting agencies, credit reporting agencies and trade
reference listings;
(g) To disclose to any person who is under a duty of confidentiality who has
undertaken to keep such data confidential; and you agree and consent to PHC
using and processing your Personal Data in the manner as identified in this
Notice.
Other Purposes
10. PHC may also use and process your data for other purposes such as, by way of email or
mail or other methods of communication:
(a) To send you materials such as newsletters, articles, write-ups as well as other
updates;
(b) To distribute information or details of events, seminars, conferences and talks
this may be of interest to you;
(c) To send as potential referees to:
(i) editors/researchers in ranking legal publications and journals;
(ii) potential clients who request for referees of past work in requests for
proposals, RFPs, submissions.
11. If you do not consent to PHC processing your Personal Data for the purposes listed in
paragraph 10, please notify PHC using the contact details stated in Section 14 below.
Transfer of Personal Data
12. As PHC’s information technology storage facilities and servers may be located in other
jurisdictions, your Personal Data may be transferred to, stored, used and processed in a
jurisdiction other than Malaysia. Further, your personal data may be transferred out of
Malaysia for the purposes as described in Section 10(c) where such ranking legal
publications and journals and/or potential clients are located outside of Malaysia. You
understand and consent to the transfer of your Personal Data out of Malaysia as
described herein.
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Disclosure to Third Parties
13. PHC may engage other companies, service providers or individuals to perform functions
on PHC’s behalf, and consequently may provide access or disclose to your Personal
Data to the third parties including those listed below:
(a) Information technology (IT) service providers;
(b) Data entry service providers;
(c) Storage facility providers;
(d) Banks and financial institutions;
(e) Insurance providers;
(f) Any professional advisors and external auditors;
(g) Regulatory and governmental authorities in order to comply with statutory and
government requirements;
(h) Debt collecting agencies;
(i) Credit reporting agencies.
Access & Correction Requests and Inquiries
14. Subject to any exceptions under applicable laws, you may at any time hereafter request
for access to, or for correction or rectification of your Personal Data or limit the
processing of your Personal Data, or seek further information from PHC by contacting:
Pn. Haslina Binti Maslan
Tingkat 7,
Bangunan PBBPP,
Jalan Stesen Bukit Bendera,
Ayer Itam,
11500 Pulau Pinang
Email: [haslina@penanghill.gov.my]
Telephone No.: 04-8288880 Facsimile No.: 04-8288862
15. In respect of your right to access and/or correct your Personal Data, PHC has the right
to refuse your requests to access and/or make any correction to your Personal Data for
the reasons permitted under law, such as where the expense of providing access to you
is disproportionate to the risks to your privacy.
16. Please confirm your consent to PHC processing your personal data as described above
by signing below.
Name : …………………………….
NRIC No. : …………………………….
Date : …………………………….
Signature : …………………………….
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PENANG HILL CORPORATION (PHC)
ROOFTOP KIOSK LEASING, EDGECLIFF BUNGALOW,
PENANG HILL, AYER ITAM, 11500 PENANG
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1.0 INTRODUCTION
Bukit Bendera (a.k.a. Penang Hill) was the first colonial hill station developed in
Peninsular Malaysia. Set 833m above Penang’s capital, Bukit Bendera has been a
go-to place for visitors that travels to Penang. With over a million of tourists from all
over the world that flock to Bukit Bendera each year, Bukit Bendera has become
one of the major contributors in promoting Penang on the global tourism platform.
With its wealth in nature, heritage and culture, Bukit Bendera is one of the most
iconic tourist destinations of Penang. Bukit Bendera has the last patch of richly
endowed tropical rainforest in Penang and it is home to a large variety of flora and
fauna. The preservation and conservation of flora and fauna on the hill, has been
one of the main elements that makes Bukit Bendera the must-visit destination in
Penang.
Penang Hill Corporation (hereinafter referred to as “PHC”) is a statutory body under
the Penang State Government with mission in managing the funicular service,
ensuring the preservation and stewardship of the natural and historical heritage of
Bukit Bendera.
At its peak, the numbers of visitors may exceed 10,000 daily especially during public
holidays and school holiday weekends. In 2018, the number of visitors was 1.74
million and while in 2019 it was 1.86 million. Penang Hill Lower Station currently
houses food and beverage (F&B) services and specialty souvenir shops for
additional comfort and enjoyment for our visitors. Visitors can relax and enjoy
snacks and drinks while waiting to embark up the hill or after returning down from it.
The visitors will also have the opportunity to shop for high quality souvenirs from the
souvenir shop.
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Figure 1.0: Visitor Statistics to Penang Hill for the years 2017, 2018 and 2019
1.1 Purpose of Advertisement
The purpose of this Advertisement is to enter into a contract with the successful
applicant to operate food and beverage kiosk at the rooftop of Penang Hill
Gallery@Edgecliff, Penang Hill.
Edgecliff Bungalow at Penang Hill is being refurbished into Penang Hill
Gallery@Edgecliff. The gallery will encompass different elements of Penang Hill
which includes, Time Tunnel, Biodiversity, Heritage, Funicular and Culture sections
to educate visitors on the natural and historical significance on the hill. This gallery
will also be an education center for visitors in line with PHC’s motto of See The
Nature, Feel The History.
PHC is seeking an operator for the Penang Hill Gallery@Edgecliff rooftop F&B kiosk
that provides more options for customers to have a relaxing time after exploring the
gallery. Visitors will have a wonderful time watching beautiful scenery of the greens
and an amazing view of Georgetown UNESCO World Heritage City and as well the
eastern coastline of the majestic Penang bridge while sipping their favourite
beverages.
Artist impressions and layout of the commercial space is shown in Figure 1.0 to
Figure 1.8 as below.
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Figure 1.1: The location of Penang Hill Gallery@Edgecliff
Figure 1.2: Artist impression of the rooftop kiosk
Figure 1.3: Artist impression of the rooftop kiosk viewing area
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Figure 1.4: Artist impression of the rooftop kiosk seating area
Figure 1.5: Eastern coastline view of Penang Bridge from the rooftop kiosk
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List of Furniture
1.Ordering Counter
2. Counter Top
List of Sanitary Wares
1.2 nos. Wash Basin
List of Electrical Fitting
1.3 nos. 13A Twin Switch
Socket (highlight in blue)
85.66 sqm FFL +3.665
AMSL +705.354
MAXIMUM SEATING CAPACITY: 36 PAX
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Figure 1.7: Layout of the rooftop kiosk
Figure 1.8: Artist impression of Penang Hill Gallery@Edgecliff
1.2 Preferred Types of Business
There is one (1) commercial space is to be leased at the rooftop of Penang Hill
Gallery@Edgecliff and the preferred type of business is explained below.
1.2.1 Food and beverage
The rooftop commercial space is designed as a F&B kiosk area. It contains
approximately 85.66 square meter (922.04 square feet). The maximum seating
capacity for this space is 36 pax as shown in Figure 1.8. The applicants must
provide a description of the existing and previous food and beverage
concessions owned, operated and/or managed by the applicant. The proposal
Rooftop Kiosk
Gallery Entrance
Gallery Exit Souvenir
Shop
Viewing Deck
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must also include description of the business and corporate make-ups of the
applicant.
Successful applicant for food and beverages services must offer Halal food and
beverages. Food and beverages offered is encouraged to be in variety, of highest
quality and prepared in accordance with the hygiene standards as per the Food
Hygiene Regulations 2009 and all other relevant legislations.
The successful applicant should offer a light menu that appeals to a wide range
of visitors. The menu must be with simple cooking or heating that will suit the
condition of the kiosk’s location. Light menu recipes are food items that need less
amount of cooking time with minimized use of equipment and without a great deal
of preparation. Usage of large/heavy duty equipment such as big wok, big oven
or steamer and large burners are strictly prohibited. A small oven for reheating
purposes and pans for minimal cooking is allowed.
The menu should also be suitable for the hill which include light, easy to handle
and eat types of food. Menu suitable for the hill also comes with less or no
residue food, with less oil and bite sized for the convenience of visitors and to
keep the hill clean. Examples of such types of food would be sandwiches, salad,
snacks, finger food and pastries or cakes. The successful applicant will also be
encouraged to offer healthy food with inclusion of Malaysian or Penang delicacies
to reflect the heritage of Penang and Penang Hill. One notable item that would be
encouraged to be included in the menu is the famous Penang Hill Hainanese
Chicken Pie (Halal). It would be a strategic place to bring back the renowned
Penang Hill Hainanese Chicken Pie to celebrate the historical significance of
Penang Hill at Penang Hill Gallery@Edgecliff.
All foods are to be used prior to any expiration date code or recommended shelf
life. Items listed on the applicant’s menu shall be served unless unusual
circumstances prevent it, in which case the substitution shall be indicated on all
posted menus. Menus shall accurately describe items offered with prices
indicated clearly. The prices proposed should be reasonable.
Food counter will be provided by PHC as no renovation and addition structural
will be allowed. Edgecliff Bungalow is classified as Category II Heritage
Bungalow; hence the existing structure and authenticity of the bungalow must be
preserved.
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Figure 1.2.1 below shows examples of light menu that would be suitable for this
commercial kiosk.
Figure 1.2.1: Examples of light menu
1.2.2 Operation Hours
Penang Hill Gallery@Edgecliff operates from 9.30 a.m. to 5:00 p.m and closed
on Tuesdays. PHC reserves the right to change the schedule at any time. The
operation hours of the kiosk shall be slightly longer than the gallery operation
hours. The operator is allowed to operate the business from 9:30 a.m. to 8:00
p.m. daily (or such time to be mutually agreed between PHC and the operator).
The operator has the option to close for a duration not longer than the duration of
the scheduled maintenance, of their business operation during the twice-yearly
scheduled maintenance shutdown typically held in early January and either in
June or July. Please refer to item 5.28 of the Terms and Conditions section for
further information on maintenance shutdown.
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2.0 INSTRUCTIONS TO THE APPLICANT
2.1 Purpose of Submission
This Advertisement is issued to solicit the best proposal to lease and operate the
commercial kiosk at the rooftop of Penang Hill Gallery@Edgecliff. Only applicants
with strong capabilities with a minimum of 3 years’ experience in running a top-
quality F&B business will be considered.
2.2 Business Proposal Plan
Applicants shall submit a business proposal plan to be evaluated on its
appropriateness to operate in the Penang Hill Gallery@Edgecliff commercial space.
For example, the applicant should provide a concept and design layout (drawing or
artist impression) of the space according to the applicant’s proposal, marketing plan
that consist of marketing models, types of products, pricings, and promotional
strategies. The applicant should also provide a basic financial forecast including
forecast sales and expenses of the business.
2.3 General Scope
The successful applicant must be registered with Suruhanjaya Syarikat Malaysia
(SSM) and possess a valid business incorporation certificate. The applicant is
required to submit a business profile and other certificates that indicates the
company’s background, financial strength, product(s) or/and service(s) provided.
The successful applicant will be responsible to ensure the surrounding environment
is maintained and preserved. The applicant should also propose design that ensures
safety as the location of the kiosk is on the rooftop. The applicant will be responsible
to ensure all liquid and solid wastes are properly and carefully disposed to the
satisfaction of PHC Management.
2.4 Site Visit
Should the applicants request for site visit, the date and time will be set in
appointment basis and in accordance with compliance of SOP within the
advertisement period.
2.5 Requirement for Fitting Works
The applicant must submit a fitting and furniture put up works plan supported with
graphics to portray the layout and the visual character of the proposed design. It must
be noted that no structural work is allowed, only fitting works are allowed on the
rooftop as Edgecliff Bungalow falls under Heritage Building Category II.
Drilling of the floor is also prohibited and the applicant shall bear all reparation works
on any direct or indirect works on site due to renovation works done by the applicant
or its contractors, employees or agents.
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The proposed specifications for the table, chairs and parasol are specified in Figure
2.7.1 below. The specification of tables, chairs and parasol must be clearly specified
and must be in accordance to fit the condition of the location on the hill in the
application. The application also must include kitchen equipment and counter kits that
will be fitted at the kiosk.
Figure 2.7.2: Proposed specification for tables, chairs and parasols
The proposed counter design that will be pre-fixed by PHC is as specified in Figure
2.7.2 below. Further counter details will be provided upon selection of operator.
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Figure 2.7.2: Proposed specification of counter
The successful applicant is required to prepare the following fitting works plans at the
applicants’ own cost and expense:
a) To send all proposed furniture, decorations, lightings, interior design work to PHC
for approval.
b) Pictures or comparable artwork adequately depicting the appearance of the new
facility including the fittings.
c) To install electrical, electronic devices and all required kitchenware. (If
applicable).
d) To install shelves/racking. (if applicable)
e) Prepare safety equipment such as fire extinguisher, washing place, grease traps
and pest control from the starting date of the leasing agreement.
f) Responsible for the upkeep of the premises in excellent condition.
g) Covid test results three days prior to start work on site.
2.5.1 Fitting Works Schedule
Applicants must submit a fitting works schedule, detailing the duration for key
milestones until the completion of fitting works and opening for business. The
project schedule must address the following items:
I. Proposed fitting works timeline
II. Estimated occupancy
Any fitting works plans to be carried out by successful applicants must strictly
follow guidelines set by PHC Management. Applicants should note that, upon
expiration of the lease, the commercial space shall be restored back to its
original condition, at the applicant’s cost, to PHC.
2.6 Experience and Qualifications
The applicant must describe in detail their background, relevant experience, and
qualifications, including but not limited to the following:
a) Preferred three (3) years continuous experience, in the ownership,
maintenance, management, or operation of commercial outlet.
b) Description of the applicant’s corporate structure (corporation, partnership, and
joint venture) including state of incorporation, the executive team and any
substantive changes to the corporate structure within the previous three (3)
years.
c) Descriptions of current business operations, including (i) number; (ii) type; (iii)
location; and (iv) a description of services/products provided.
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The applicant may provide additional information that will be beneficial to PHC’s
review of this proposal, including but not limited to experience and already planned
development in relation to Penang Hill.
2.7 Management and Operations Plan
The applicant shall submit sufficient information to allow PHC to evaluate the
applicant’s management structure, operations plan, and ability to carry out the plan.
The plan must include:
a) a description on the person-in-charged and the manner of communication
between PHC and the applicant whereby the applicant shall be contactable at
all reasonable times (including weekends) via phone and text messaging..
b) the staffing plan that includes a work schedule showing opening and closing
hours and staffing during operational hours.
c) a service and maintenance plan for the management of the commercial lot.
d) a detailed operations plan including, but not limited to, the proposed related
services and etc.
ATTENTION:
I. The list above only serves as a reference to applicants. It is the applicant’s
responsibility to furnish the commercial lot fully before starting the business.
II. All decorations and furnishings need to be aligned with the type of business the
applicant operates.
III. Applicants are not allowed to make any modifications to the structure of the
rooftop.
IV. Applicants need to get a written approval from PHC before fitting works begins.
V. Applicant to bear all cost related in preparing the required documents, information
and plans.
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3.0 DOCUMENTS TO BE PREPARED BY APPLICANT
3.1 General Information
An executive summary comprising an overview background of the company and
other businesses. The applicant is also required to submit a complete information on
the company’s profile (as in the application form) which will include:
I. Company Name;
II. Company Registration No.;
III. Year of Incorporation;
IV. Nature of Main Business;
V. Location of Head Office and Branch Offices;
VI. Telephone No., Fax No. and E-mail Address;
VII. Capital Structure;
VIII. Type of Business;
IX. Board of Directors;
X. Top Management Information; and
XI. Number of employees (who will run the outlet).
The applicant is also expected to submit a copy of its registration certificate to
Companies Commission of Malaysia (SSM). The Applicant has to provide
audited accounts for the past three years (optional to applicants who has less
than 3 years’ experience), bank statements for the past 3 months, a copy of
the latest Form 24 and Form 49, and a list of other businesses carried out or
undertaken.
3.2 Applicant's Experiences
It is preferred that the applicant has a minimum of three (3) years of experience in
operating a commercial outlet (F&B & Café as example).
3.3 Operational Capability
This section must be completed in sufficient detail and information (with documental
proof) to show convincingly that the applicant and its contractors, suppliers, and
operators have the technical capability, experience and expertise (either directly or
through the use of other parties) to lease and operate commercial lot.
At the minimum, the information should include:
i. A list of outlets and addresses established and operated by the applicant
or its partners.
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3.4 Financial Capability
This section must be completed in detail and contain sufficient information to show
convincingly that the applicant and its partners have the capability, experience, and
expertise to finance, maintain, and manage the proposed project.
Convincing evidence shall be provided to PHC that the applicant has strong credit
backing (a minimum paid up capital of RM50,000.00) and that the applicant can
directly or successfully arrange financing for the project or arrange the required
security upon completion and performance.
3.5 Type of Foods / Goods
The foods or goods served on the premise should be “halal” meaning no pork or
alcohol. The list of foods or goods together with its pricing should be included
in the proposal. This component will be crucial in the evaluation and selection of
the successful applicant.
3.6 Waste Management
It is expected that the applicant takes into careful consideration their waste
management and installation and maintenance of grease trap. The applicant should
bear all costs related to their waste management grease trap installation and
maintenance. A waste management and grease trap proposal should be included in
the proposal and in compliance with Environmental Quality (Scheduled Waste)
Regulations 2005 (Code: SW312).
3.7 Reserved Rental and Rental Deposit
The reserved rental for the commercial space G1 is listed at Table 2 below, payable
before the 7th of every month to PHC. The rental period is for 3 years with an option
to renew for another two 3-year terms with an increase of up to 15% in rental
payment per renewal term. Applicants are expected to propose higher rental in
reference to the reserved rental price.
Applicant is required to pay PHC a 6-month rental deposit.
Preferred Business
Type Area Sqft
Reserved Rental Price Rooftop Kiosk
F&B 922.04 RM 2,500
Table 2: Reserved rental for rooftop kiosk
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4.0 SELECTION PROCESS
4.1 Point of Contact
The point of contact for all submissions and correspondence regarding this
Advertisement will be Puan Haslina binti Maslan who can be reached by email at
haslina@penanghill.gov.my. Submissions of questions, correspondence, or
requests for clarifications regarding the services to persons other than Puan Haslina
will not receive a response and may result in the disqualification of the applicant.
4.3 Selection Criteria and Minimum Requirements
Upon review and evaluation of all qualifying proposals, including interviews that
PHC will conduct, the Evaluation Committee will select and recommend the
applicant that, in its sole judgment, is most responsive in meeting the requirements
and objectives of this Advertisement as set forth below.
Selection Criteria
Experience PHC will evaluate the applicant based on its ability to meet
the experience requirements as set forth in the scope
including past experiences in providing services at similar
facilities within the past 3 years.
Construction Concept
and Timeline
PHC will evaluate the applicants’ proposed concept for its
services as well as the proposed time for completion as
more specifically set forth in the scope.
Management and
Operation Plan
PHC will consider the plan to provide necessary staffing
and proposed amenities as more specifically set forth in
the scope.
Performance Plan PHC will consider the proposed performance plan based
on the requirements set forth in the scope.
Compensation PHC will evaluate the applicant on the overall
compensation proposed related to the provision of the
services.
References PHC will consider the extent and quality of the applicant’s
requested references. No less than three references
should be included.
Table 3: Selection criteria and minimum requirements
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5.0 TERMS AND CONDITIONS
5.1 The applicant is invited to submit its Proposal(s) according to the requirements
contained in the Advertisement. Failure to provide all the information/documents
specified may result in the rejection of the proposal or be given a lower rating.
5.2 The applicant shall bear all costs associated with the preparation and submission of
its proposal which must be delivered on or before 5pm, 22 March 2022.
5.3 Submissions shall be placed in a sealed envelope, clearly marked on the top right-
hand corner of the parcel as “Rooftop Commercial Space of Penang Hill
Gallery@Edgecliff, Penang Hill.”
5.4 All proposals shall either be in English or in Bahasa Malaysia.
5.5 The proposal must be signed by an official who is authorized to act on behalf of the
company that is submitting the proposal.
5.6 The applicant is required to sign the Integrity Pact Declaration Form and to
understand the ‘Clause on Prevention on Corruption in Government Procurement
Documents’.
5.7 Companies participating in this exercise may either submit proposals on their own or
in collaboration with others. However, the role and responsibility of each company
must be clearly stated.
5.8 No amendments shall be made to the proposal after its submission.
5.9 PHC has the absolute discretion to accept or reject the submitted proposal and is
not obligated in any way to award the project to the person(s) and/or company(s)
submitting the proposal. PHC is not required to provide any reason whatsoever.
5.10 After the issuance of the Advertisement, information relating to the contents,
examination, evaluation, and comparison of proposals and recommendations
concerning the award of contract shall not be disclosed to the respondent or other
persons not officially concerned with the process.
5.11 All submissions is valid for three (3) months from the closing date of this invitation
but PHC reserves the right to extend the validity period by another three (3) months
by giving notice to the respondents.
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5.12 Only shortlisted candidate(s) and/or company(s) responding to this Advertisement
will be notified of their status and will be required to attend an interview session.
There will be no notification of status of the award to unsuccessful company/(s).
5.13 PHC is not obliged to inform or provide details of the selection process to either
successful or unsuccessful applicants.
5.14 The successful applicant shall be required to enter into a formal agreement with
PHC.
5.15 Failure of the successful applicant to comply with the stipulated requirements shall
constitute sufficient grounds for the annulment of the award.
5.16 The successful applicant shall furnish PHC within fourteen (14) days from the date
of signing of the agreement a rental deposit equivalent to six months rental, and one
month utility deposit (equivalent to one month of rental).
5.17 The successful applicant shall pay their rental and utilities bill no later than the 7th
day of each month. The rental is not included for the payment of the following
utilities; water and electric.
5.18 The successful applicant has to apply the electricity supply from Tenaga Nasional
Berhad (TNB) meter and has to make sure that the electricity bill is clear in manner.
5.19 The successful applicant has to apply the water supply from Perbadanan Bekalan
Air Pulau Pinang (PBAPP) and has to make sure that the water bill is clear in
manner.
5.20 Subletting to other party is prohibited.
5.21 All the prices are obliged to be displayed for the convenience of customers. Prices
displayed by a business must be clear, accurate, and not misleading to consumers.
5.22 PHC at all times reserves the right to alter from time to time the specifications and
descriptions mentioned in this Advertisement and respondents must conform to the
altered specifications and descriptions. In the event of any amendments to this
Advertisement, all respondents will be notified accordingly.
5.23 It shall be agreed and understood that in the event that the negotiations fail and the
contract is not signed, there shall be no course of action against PHC, nor shall it be
possible for the applicant and/or any party/entity associated with the applicant to
pursue a course of action against PHC for any action howsoever arising.
5.24 Whilst care is taken to ensure that the facts and information contained in this
Advertisement are correct at the time it is presented, PHC hereby makes no
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representation as to the accuracy and adequacy of such facts and information
contained in the Advertisement. PHC shall not be liable for any inaccuracy or
inadequacy of such facts and information.
5.25 The successful applicant should collaborate with PHC building maintenance and
facility management to set schedule for service inspection, 1 pest control every
month and other certain activities in order to reduce the risk associated with some
workplace hazard. The successful applicant should always provide and maintain
safe and healthy work conditions.
5.26 Applicants are required to comply with all prevailing laws, by-laws and regulations
by Federal, State and local authorities pertaining to operating and maintaining the
rooftop commercial space at Penang Hill Gallery@Edgecliff.
5.27 The successful applicant is reminded to comply strictly to the following legislation
including but not limited to:
I. Internal Safety Regulations (Labor Registration) 1960 (Amendment) 1976;
II. Employment Act 1955;
III. Immigration Act 1959/63;
IV. Passport Act 1966;
V. Dangerous Drugs Act 1952;
VI. Food Act 1983 – Food Hygiene Regulations 2009;
VII. Food Act 1983 – Tobacco Control Regulations (Amendment)(No.2) 2009;
VIII. Law of Food Establishment (Putrajaya Corporation) 1999;
IX. Law of Food Handlings (WP Putrajaya) 2003;
X. Trade Act 1972 and Trade Description (Use of expression “Halal”) 1975;
XI. Local Government Act 1976 and Local Authorities (Standard By-Laws);
XII. Trade Marks Act 1976; and
XIII. And other relevant and enforced laws and regulations.
5.28 PHC will carry out maintenance shutdown of the funicular train once-monthly and
twice-yearly. The 1st shutdown will be in the month of January/February for a
maximum of 10 days and the 2nd shutdown will be in the month of June/July for a
maximum of 10 days. Nevertheless, PHC reserves the right to vary the schedule
and duration of the maintenance shutdown. Applicant should include the
maintenance shutdown period as mentioned above as part of the business plan.
5.29 The structure of the building shall be maintained in its original condition. No
modification is allowed to the building.
5.30 At the end of the rental period, the successful applicant must restore the lot to its
original condition at the applicant’s own cost and expense to the satisfaction of PHC.
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5.31 All licenses, permits, and fees associated with the business will be the applicant’s
responsibility.
5.32 The successful applicants is responsible for their own insurance policy which
includes workmen’s compensation insurance with endorsement ‘A’ and ‘B’ and
public liability insurance policy, fire insurance and other related insurance.
5.33 Successful applicant will be entitled to (subject to approval of PHC) place within the
leased premises, equipment, displays, and fixtures appropriate for use in business
save and except for the large/heavy duty equipment. The applicant understands
he/she is responsible for operation, maintenance, and security of the equipment,
displays, and furniture.
5.34 The successful proposal must identify the proposed lease amount as a minimum
payment per month.
5.35 PHC may reject any or all proposals submitted in response to this Advertisement.
PHC shall not be liable for any costs incurred in connection with the preparation and
submission of any proposal. In the event the PHC accepts a proposal, a lease
agreement may be awarded to the applicant who has submitted the proposal
deemed to be in the best interests of PHC. PHC reserves the right to negotiate the
final terms of the agreement with one or more of the highest rated applicants.
5.36 The successful applicant shall dispose all refills, rubbish and waste material at the
designated trash area prepared. A discussion wild be held with Majlis Bandaraya
Pulau Pinang (MBPP) to determine the area and time most suitable and convenient
for disposal.
5.37 Loading of items for the kiosk operations can be done through funicular services (for
light items) and through jeep track (for heavy items). Categorization of light and
heavy items must be finalized after discussion with PHC.
5.38 The successful applicant should propose the right time for their loading time.
Loading times can be negotiated and should be approved by PHC. For loading
through the jeep track, vehicles used must obtain Jabatan Kerja Raya (JKR) permit
through PHC.
5.39 The successful applicant shall at its own costs and expense fix food waste traps, oil
waste traps and solid waste traps to ensure that no food waste/oil waste/solid waste
goes into the drain.
5.40 The successful applicant shall be responsible for the cleanliness and hygiene of the
lot and ensure that all the rubbish is properly disposed of.
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5.41 If the applicant fails to maintain the cleanliness and hygiene of the lot, PHC reserves
the right to clean the lot and the fees shall be borne by the successful applicant.
5.42 The successful applicant shall not turn on loud music that may disturb other
business partners and visitors.
5.43 PHC reserves the right from time to time to do site inspection to make sure that the
commercial lot is operating as per agreed terms.
5.44 The successful applicant may negotiate with PHC about the operations hour
according to their business needs. PHC must be informed prior to any temporary
closure of the premise due to training, repair works and etc. Tenants must keep the
premises open for trade during normal working hours in the locality and that the
kiosk front must be kept attractively laid out and lit during those times.