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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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CLAUSE ON PREVENTION ON CORRUPTION IN GOVERNMENT

PROCUREMENT DOCUMENTS

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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 1.0: The location map of Penang Hill Gallery@Edgecliff

Edgecliff Bungalow

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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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Figure 1.6: View of the Georgetown UNESCO World Heritage City 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.