request for proposal (rfp) · request for proposal (rfp) imagine sdn bhd (imagine) invites...

Company Registration No:RC20004682

REQUEST FOR PROPOSAL (RFP)

Imagine Sdn Bhd (IMAGINE) invites interested companies to participate in the following Request for

Proposal (RFP):

Title Shop in Shop imagine Counter – Design, Build and Closure Project

Reference No. N/A

Opening Date MONDAY 16 NOVEMBER 2020

Closing Date MONDAY 30 NOVEMBER 2020 BEFORE 02.00PM LOCAL TIME

Work Category GS 1 & 5

Interested parties must provide all necessary information and credential relate to the Request for

Proposal (RFP), sign and submit the Non-Disclosure Agreement (NDA).

If companies are not yet registered with IMAGINE for the above Work Category but is interested in

submission, companies can register online via the link below: https://app.imagine.com.bn/vrs/pages/

Disclaimer

1. This is a Request for Proposal only and is in no way constitutes as a firm Purchase Order (PO) or

Contract. IMAGINE is not bound to accept the company’s proposal in part or whole.

2. Companies requiring clarification of the RFP may e-mail their questions to [email protected]

with subject heading: Shop in Shop imagine Counter – Design and Build Project IMAGINE shall not

respond to any request for clarification received three (3) working days prior to the deadline for

submission of proposal.

3. Companies are to submit the Technical Proposal and Commercial Information in two (2) separate files

to: TENDERBOX [email protected] with subject heading: Shop in Shop imagine Counter –

Design and Build Project

For IMAGINE SENDIRIAN BERHAD

____________________________

VENDOR CONFLICT OF INTEREST DECLARATION FORM

Page 1/1

Company Name:

Address:

Imagine Sdn Bhd 6th Floor, Royal Brunei Airlines (RBA) Plaza Jalan Sultan Omar Ali Saifuddien, BS 8811 Bandar Seri Begawan Negara Brunei Darussalam

Date:

Dear Sir / Madam,

DECLARATION TO CONFIRM ABSENCE OF ANY CONFLICT OF INTEREST

I, the undersigned being the authorised signatory for the above-mentioned company/consortium for the

quotation/tender Shop in Shop imagine Counter – Design, Build & Closure Project, hereby solemnly declare

that we are not and shall not be in any situation which could give rise to a conflict of interest in what concerns

the performance and/or implementation of the contract.

In the event of the contract being awarded to us, we undertake the following:

• to act with complete impartiality and in good faith in what concerns its performance and outcome and to immediately declare to IMAGINE in writing any situation that might raise concerns with respect to conflict of interest, impartiality or otherwise affect our position/ability to duly and appropriately perform the contract

• to declare any affiliations with IMAGINE employees in the table below, if any

No Employee Name Relationship

1

2

3

4

5

(*You may attach additional names in a separate table)

• that I understand that should any situation constituting a conflict of interest or could give rise to a conflict of interest, I will inform IMAGINE, without delay;

• that I have not made, and will not to make, any offer of any type whatsoever from which an advantage can be derived under the contract;

• that I have not granted, sought, attempted to obtain or accepted and will not grant, seek, attempt to obtain, or accept any advantage, financial or in kind, to or from any party whatsoever, constituting an illegal or corrupt practice, either directly or indirectly, as an incentive or reward relating to the award of the contract;

• that I understand that IMAGINE reserves the right to verify this information and that I am aware of the consequences which may derive from any false declaration in respect of the information required by the IMAGINE as a condition of participation in the contract procedure.

I further declare that the information provided in this letter is true.

Thank you for your attention.

Yours Sincerely,

____________________________________ Full Name: Designation: Company Name:

DATED THIS _____ DAY OF _____________ 2020

BETWEEN

IMAGINE SDN BHD

AND

__________________

_____________________________________________________________________

NON - DISCLOSURE AGREEMENT for

SHOP IN SHOP IMAGINE COUNTER –

DESIGN, BUILD & CLOSURE PROJECT

_____________________________________________________________________

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This NON-DISCLOSURE AGREEMENT is made on the …… day of August

2020.

BETWEEN

IMAGINE SDN BHD, a company incorporated under the Companies Act (Cap. 39

of the Laws of Brunei) and having its office at Level 6, RB Plaza, Jalan Sultan, BS

8811, Bandar Seri Begawan, Negara Brunei Darussalam (hereinafter referred to as

“Imagine”);

AND

…………………………………, a company incorporated under the Companies Act

(Cap. 39 of the Laws of Brunei) and having its principal place of business

at…………………………………………………...… (hereinafter referred to as

“Tenderer”).

(hereinafter referred to individually as “Party” and collectively as "Parties”).

WHEREAS, both Parties wish to disclose and receive from each other, from time to

time, certain confidential information and ideas regarding current and future

technology and projects and/or business plans and opportunities, for specific purpose

of discussing and/or pursuing a possible business relationship between the Parties.

NOW IT IS HEREBY AGREED AS FOLLOWS: -

1. DEFINITIONS AND INTERPRETATION

1.1. In this Agreement, the following words and terms shall have the

corresponding meanings prescribed below, unless the context otherwise

requires: -

1.1.1 "Agreement" means this Non-Disclosure Agreement.

1.1.2 "Confidential Information" means any and all information of any kind,

whether in written or electronic format, oral or otherwise, and whether

or not labelled as "Confidential" including information relating to data,

business, financial condition, marketing strategies, market

opportunities, know-how, trade secrets, pricing information, product

plans, products, software developments, inventions, operations,

suppliers, customer list, customers and records, inventions, processes,

formulae, technology, designs, drawings, engineer and hardware

configuration information, corporate or trade information and any

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other information, including memoranda, notes and reports whether in

writing or otherwise.

1.1.3 "Disclosing Party" means the Party disclosing Confidential

Information.

1.1.4 "Party" means either of the Parties to this Agreement and includes that

Party's successors and permitted assigns.

1.1.5 "Parties" mean both Parties to this Agreement and their respective

successors and permitted assigns.

1.1.6 "Personnel" means the employee, staff, officers, advisors and/or agents

of either Party.

1.1.7 "Receiving Party" means the Party receiving the Confidential

Information.

1.2 In this Agreement, unless the context otherwise requires: -

(a) the headings and underlining in this Agreement are for convenience

only and shall not be deemed to be part thereof or be taken into

consideration in the interpretation or construction of this Agreement;

(b) words importing the singular include the plural and vice versa and

words importing a gender include every gender; and

(c) a reference to "including" is a reference to "including, but is not

limited to".

2. CONFIDENTIAL INFORMATION

2.1 The Disclosing Party may from time to time disclose to the Receiving Party

Confidential Information concerning the Disclosing Party.

3. PROTECTION OF CONFIDENTIAL INFORMATION

3.1 The Receiving Party shall take all reasonable care to ensure that all

Confidential Information of the Disclosing Party is securely kept by the

Receiving Party and the Receiving Party’s Personnel and shall not disclose the

Confidential Information of the Disclosing Party to any third party, without

the prior written consent of the Disclosing Party. Where such consent is

granted the Receiving Party shall ensure that the third party to whom

disclosure is made is bound by the same obligations of confidence, security

and non-use as contained in this Agreement or where such third party is a

government or government agency that the third party agrees to treat such

information as confidential and proprietary information.

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3.2 The Receiving Party shall not use the Confidential Information of the

Disclosing Party in any fashion, form, manner or for any purpose not

expressly permitted by, or in furtherance to, this Agreement.

3.3 The Receiving Party shall disclose the Confidential Information of the

Disclosing Party only to the Personnel of the Receiving Party who have a need

to know such Confidential Information for the purposes of this Agreement and

who are under a duty of confidentiality no less restrictive than the Receiving

Party's duty hereunder.

3.4 Each Party shall protect the confidentiality of the other Party's Confidential

Information from unauthorised use, access or disclosure in the same manner it

protects the confidentiality of its own proprietary information and Confidential

Information of like kind, but in no event shall either Party exercise less than

reasonable care in protecting such Confidential Information.

3.5 The Parties agree that all Confidential Information disclosed hereunder shall,

at all material times remain the property of the Disclosing Party. Neither the

execution and delivery of this Agreement, nor the furnishing of any

Confidential Information by the Disclosing Party shall be construed as

granting to the Receiving Party either expressly, or by implication, estoppel or

otherwise, any license under any invention, patent, copyright, trade secret,

industrial or intellectual property of any type, recognized under any law, now

or hereafter owned, licensed, or controlled by the Disclosing Party. Nothing

in this Agreement shall be deemed or construed to grant the Receiving Party a

license to sell, develop, exploit or further develop any Confidential

Information of the Disclosing Party. In addition, provided the Parties comply

with the confidentiality obligations contained herein, this Agreement shall not

in any manner affect either Party’s present business activities in any nature,

including business activities that may be competitive.

3.6 Nothing contained in this Agreement shall be construed to grant either Party

any rights in the other Party’s trademarks, service marks, good will, trade

names, rights in packaging, trade dress, rights of publicity, merchandising

rights, advertising rights, or any other similar right now known or existing in

the future. Either Party shall not act so as to damage the reputation or

goodwill of the other Party, nor shall such Party act so as to impair or

otherwise lessen the value of the other Party’s trademarks, service marks,

good will, trade names, rights in packaging, trade dress, rights of publicity,

merchandising rights, advertising rights, or any other similar right now known

or existing in the future.

3.7 The Receiving Party shall not copy or reproduce Confidential Information of

the Disclosing Party without the Disclosing Party's prior written consent.

3.8 The Parties agree to keep the existence and nature of this Agreement

confidential and not to use the same or the name of the other party (or of any

other company in the group of companies of which the other party forms part)

in any publicity, advertisement or other disclosure with regard to this

Agreement without the prior written consent of the other party.

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4. EXCEPTIONS

4.1 The Receiving Party's obligations under Section 3 with respect to any

Confidential Information of the Disclosing Party shall not apply if such

information was: -

i. previously known to it without an obligation of confidence;

ii. independently developed for the Receiving Party without access to the

other Party's Confidential Information;

iii. acquired by it from a third party which is not, to the Receiving Party's

knowledge, under an obligation to the Disclosing Party not to disclose

such information;

iv. acquired by it from a third party which is not, to the Receiving Party's

knowledge, under an obligation of non-use to the Disclosing Party; or

v. which is or becomes publicly available through no breach of this

Agreement by the Receiving Party.

4.2 In the event either Party receives a subpoena or other validly issued

administrative or judicial process demanding Confidential Information of the

other Party, the Receiving Party shall promptly notify the Disclosing Party of

such required disclosure and tender to it the defence of such demand. Unless

the demand shall have been timely limited, quashed or extended, the

Receiving Party shall thereafter be entitled to comply with such demand to the

extent permitted by law. If requested by the party to whom the defence has

been tendered, the recipient shall co-operate (at the expense of the requesting

party) in the defence of a demand.

5. RETURN OF CONFIDENTIAL INFORMATION

5.1 The Receiving Party shall return to the Disclosing Party or destroy all

Confidential Information of the Disclosing Party in the Receiving Party's

possession or control, and permanently erase all electronic copies of such

Confidential Information promptly upon the following, whichever occurs

first:-

(a) the written request of the Disclosing Party; or

(b) the completion of this Agreement; or

(c) the termination of this Agreement.

6. EFFECTIVE DATE

6.1 This Agreement shall become effective as of the date Confidential Information

is first made available between the Parties hereunder. This Agreement shall

continue in force from the effective date as provided in this clause until

terminated by mutual consent or by either party by giving to the other not less

than one (1) month’s prior written notice. Parties’ obligations under this

Agreement shall survive any termination of this Agreement.

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7. THIRD PARTY MISAPPROPRIATION

7.1 In the event the Receiving Party becomes aware of any misappropriation or

misuse of any Confidential Information of the Disclosing Party by any person

or entity, the Receiving Party shall immediately advise and notify, both orally

and in writing, the Disclosing Party.

8. EQUITABLE RELIEF

8.1 The Parties acknowledge that a breach of the confidentiality obligations

provided for under this Agreement may result in immediate and irreparable

harm to the other Party, for which there will be no adequate remedy at law,

and in addition to any monetary damages awarded, a court of competent

jurisdiction may grant equitable relief, including without limitation, orders to

cease and desist all unauthorized uses and disclosures of Confidential

Information.

9. NOTICE

9.1 All notices which either Party is required or may desire to serve upon the other

Party shall be in writing, addressed to the Party to be served as follows:

IMAGINE SDN BHD

Level 6, RBA Plaza, Jalan Sultan,

BS 8811 Bandar Seri Begawan,

Negara Brunei Darussalam

Attention: (C –LEVEL)

Company Name: …………………………………………

Company Address : …………………………………………

…………………………………………

…………………………………………

…………………………………………

Attention: …………………………………………

Notice shall be deemed to have been served upon receipt.

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10. GENERAL

10.1 This Agreement may not be amended, waived or modified, except by an

instrument in writing executed by duly authorized representatives of the

Parties.

10.2 Any attempt to assign or transfer this Agreement or any interest herein

(including, without limitation rights and duties of performance) without prior

written consent of the other Party is null and void ab initio and without force

and effect.

10.3 In the event that any provision hereof or any obligation hereunder is found

invalid or unenforceable pursuant to any applicable law or a judicial decree or

decision, any such provision or obligation shall be deemed and construed to

extend only to the maximum permitted by law, and the remainder of this

Agreement shall remain valid and enforceable according to its terms.

10.4 This Agreement contains the entire agreement between the Parties concerning

the subject matter hereof and supersedes any pre-existing or contemporaneous

agreements and any oral or written communications between the Parties

concerning the subject matter hereof.

10.5 Nothing in this Agreement shall prohibit or restrict either party’s right to

develop, use, or market products or services similar to or competitive with

those of the other party disclosed in the Confidential Information as long as it

shall not thereby breach this Agreement. Each party acknowledges that the

other may already possess or have developed products or services similar to or

competitive with those of the other party disclosed in the Confidential

Information.

10.6 This Agreement may be executed in counterparts, each of which shall be

deemed an original and all of which together shall constitute one and the same

instrument.

10.7 Notwithstanding anything contained in this Agreement, both the Parties shall

be free to enter into similar agreements with any other party.

10.8 Nothing contained in this Agreement shall be deemed to create any

partnership, joint venture, or employment between the Parties hereto.

10.9 For the avoidance of doubt, nothing contained herein shall compel or oblige

the Disclosing Party to enter into any transaction(s) contemplated hereunder

with the Receiving Party.

10.10 This Agreement shall be governed by and construed according to the laws of

Brunei Darussalam.

10.11 The Parties shall make every effort to amicably resolve by direct informal

negotiation any dispute arising between them pursuant to or in connection with

this Agreement. If the Parties are unable to amicably resolve any dispute within

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thirty (30) days from the date such dispute arose, either Party shall require that

the dispute be referred for resolution by arbitration, in accordance with the

provisions of the Arbitration Order, 2009. The Arbitration Tribunal shall

consist of a single arbitrator, such person to be agreed between the parties, or

failing agreement, to be nominated in accordance with the Arbitration Order,

2009. The applicable rules of arbitration shall be the UNCITRAL Rules of

Arbitration. The seat and place of arbitration shall be Brunei Darussalam, and

the language of the arbitration shall be English. All rights and obligations of the

Parties under this Agreement shall continue in full force and effect pending the

final outcome of such arbitration. Any reference to arbitration under this clause

shall be a submission to arbitration within the meaning of the Arbitration

Order, 2009 for the time being in force in Brunei Darussalam. The application

of Part II of the International Arbitration Order, 2009 and the Model Law

referred thereto, to this Agreement is hereby excluded.

**************************

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IN WITNESS WHEREOF the Parties have hereunto executed this Non-Disclosure

Agreement the day and year first abovestated.

Signed by )

for and on behalf of ) __________________________

IMAGINE Sdn Bhd ) HEAD OF CONSUMER SALE

in the presence of

Signature of Witness: _____________________________

Name of Witness: _____________________________

Designation: _____________________________

Signed by )

for and on behalf of ) ___________________________

)

in the presence of

Signature of Witness: _____________________________

Name of Witness: _____________________________

Designation: _____________________________

Shop in Shop Counter Imagine Sdn Bhd

Strictly confidential – Imagine Sdn Bhd Page 1 of 9

Shop in Shop IMAGINE Counter – Design, Build & Closure Project



Contents 1 Introduction .......................................................................................................................................... 3

2 Scope of Work ....................................................................................................................................... 4

3. Engagement duration ........................................................................................................................... 6

4. Submission ............................................................................................................................................ 6



1 Introduction Imagine Sdn Bhd (hereinafter referred to as IMAGINE) would like to invite Vendor to participate by

submitting design, implementation and commercial proposal for IMAGINE’s shop in shop counter.

IMAGINE was incorporated in September 2019 and officially operational on 24th January 2020 with the

launch of its mobile products. Imagine was formed when Brunei consolidated the country

telecommunication networks into a single provider, UNN and existing telecommunication operator to

focus on providing competitive products and services to its customer.

IMAGINE is currently looking to expand its retail presence in Brunei. There are currently 10 IMAGINE

centers nationwide:

1. Mall Gadong

2. Panaga

3. Temburong

4. Tanjong Bunut

5. Rimba Point

6. Yayasan Complex

7. Citis Square

8. Petani Mall

9. Kuala Belait

10. Brunei International Airport

Moving forward, IMAGINE is planning to implement ‘Shop in Shop’ type counters in designated stores

around Brunei. The main aim is to increase the retail presence of IMAGINE in the country but at a smaller

profile compared to a full IMAGINE center. The products and services provided however, will be of similar

operations to a full IMAGINE center.

If ‘Shop in Shop’ leads to more effective presence and function for IMAGINE’s Centre daily routine, next

step is to eventual closure of identified IMAGINE’s Centre.

This request for proposal (RFP) is in no way constitutes as a firm Purchase Order (PO) or Contract. IMAGINE

is not bound to accept the company’s quotation in part or whole.



2 Scope of Work 1. Shop In Shop Scope:

1.1. The table below list out all the features that are required for the imagine shop in shop counter.

If a certain feature cannot be provision, please state the reason behind it. All mandatory features

must be complied to.

No Area Descriptions

Mandatory (M)/ Optional (O)

1 Operational

1. Fit at least two staff M

2. Customers should not be able to enter the counter, and/or be able to see into the counter from directly behind the imagine staff

M

3. Secure cabinets with locks to keep merchandise M

4. Secure cabinets with locks to keep applications and files M

5. Secure cabinets with locks to keep staff belongings M

6. Secure drawers that are hip height for cash handling M

7. The drawers for cash handling should also be compartmentalized to organize cash and coins

M

8. Secure cabinet with lock to keep safe box M

9. To ensure that the counter is mobile and able to be moved easily

2 Branding

1. Clean gloss look (i.e. IMAGINE center in Brunei International Airport)

M

2. IMAGINE logo to be an acrylic cut-out M

3. To provide backlighting for the IMAGINE logo O

4. To be able to provide perforated sticker printing (for locations where there is a glass wall)

O

3 HSE

1. To provide the optimum placement for CCTV (note that as a requirement, at least one CCTV unit will need to be completed for each area that is handling cash)

M

2. To provide a HSE report for the location of the shop M

4 Warranty

1. All builds are subject to 1-year warranty on materials and/or workmanship

2. Warranty will start upon completion and acceptance on the build

M

Note: If necessary, it is vendor responsibility to get approval from Authority of Building Control and Construction

Industry (ABCI) and any other authorities and regulators in the country.

1.2. Design look and feel

I. The design for the counter should align to latest IMAGINE’s center’s. II. The latest branch look to follow would be imagine Citis Square center.

III. It is required that the design and build company visit Imagine Citis Square center to grasp its look and feel.



1.3. Locations

I. The location of the counter will be as followed:

• Yappe – KB Sentral (Information found in Appendix 1).

• Rimba Point (Information found in Appendix 1).

II. The design and build company will need to visit both sites to measure the dimensions accurately.

1.4. Submissions for the counter design will need to fit accurately to the dimensions measured.

1.5. The design for the counter should also be able to be scaled up or down, so that any future

shop in shop locations can have a similar look and feel.

2. Closure of Branches Scope:

2.1. This project will also include the closure of IMAGINE Rimba Center.

2.2. The Vendor will need to include a proposal of the total cost of closing down the IMAGINE Rimba

Center; including reallocation of furniture, demolishing works, transportation and disposal of

items.

3. Implementation and Related Services

3.1. General Requirements.

I. Implementation and related services refer to the services provided by the Vendor from the

commencement of the implementation of the project, until successful completion of the

work.

II. Imagine shall furnish the Vendor with pertinent information, knowledge and assistance as

the Vendor may reasonably and properly require enabling it to perform its obligations

hereunder.

III. All the materials supplied to the Vendor by Imagine for the purpose of this Project shall

remain the property of Imagine and shall be returned in reasonable order after the

completion of the Implementation and Related Services.

IV. The Vendor shall comply with all reasonable instructions of Imagine representative in so as

they are applicable to the Implementation and Related Services.

3.2. Delivery Schedules

I. The Vendor shall, on receipt of the Letter of Award, promptly commencement of the work.

II. The Vendor shall provide a detailed project schedule that can meet the timeline described

above. The project schedule shall show details up to task level, how each milestone could

be achieved within the timeframe specified above. The project schedule shall reflect

possible overlaps between key activities and their interdependencies. The project schedule

shall also highlight the critical path.

III. The Vendor may propose a schedule where the timeline can be achieved earlier.

4. Payment & Milestone

4.1. The payment will be made 90% upon successful completion and delivery of Shop in Shop. 10% will be made after 1-year warranty.

4.2. For the closure of the branch all payments will be made after all works is done. 4.3. All payments shall be made in Brunei Dollars. RFP Pricing proposal to be provided in BND.



4.4. All payment claims for delivery by the Vendor to Imagine shall be accompanied by the Vendor invoice and delivery order, describing, as appropriate, the goods delivered and related services performed. These costs must be detailed upfront and included in the RFP commercial submission.

4.5. All payment claims for installation & other services by the Vendor to the Imagine should be accompanied by the Vendor invoice, delivery order and signed IMAGINE’s Service Entry Sheet (SES).

4.6. All payments shall be made within forty-five (45) days of the date of submission of Invoice by the Contractor to Imagine upon completion of each Milestone.

3. Engagement duration The Vendor shall have 2 weeks upon the release of this tender to provide all necessary designs and documentation.

The Vendor is required to complete the following within the 2 weeks:

1. Site visit to imagine Citis Square Center to get an understanding of IMAGINE’s looks and feel.

2. Visit all shop in shop locations stated in appendix 1 to get full measurements of the area.

3. Design rendering of proposed shop in shop counter.

4. Cost of proposed shop in shop counter.

5. Cost of closure of IMAGINE’s Rimba Center.

The Vendor can request to meet with the project team beforehand or during site visits to gather more

information if needed.

4. Submission Consultant is requested to submit the following technical documents:

1. Proposal in word format, which shall cover I. Methodology and Organization.

II. Statement of Compliancy (See point 1.2. below). III. Service Organization with clear role and number of resources. IV. Upon submission, Vendor shall present designs to project team.

2. Statement of Compliancy against all points in Chapter 2 in excel format. The compliancy status is differentiated into FC (Full Compliance), PC (Partial Compliance), NC (Non-Compliance).

3. Expertise and Experience I. A description of company profile which includes relevant experience in operating its

core business. 4. Submissions for the counter design will need to fit accurately to the dimensions measured. 5. The design for the counter should also be able to be scaled up or down, so that any future

shop in shop locations can have a similar look and feel. 6. Commercial Proposal in excel format

I. Provide schedule of rates and prices corresponding to the scope of work. II. Schedule of prices between the Shop in Shop Scope (breakdown into Design & Build)

and Closure of Branch Scope (breakdown into reallocation of furniture, demolishing works, transportation & disposal) should be separated.

7. Contact Details:



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

8. Vendor Conflict of Interest Form I. Vendor required to submit a signed copy of the Vendor Conflict of Interest Form along

with the Proposal (See Next Page). 9. Term and Condition

I. Should IMAGINE pursue with the proposal, IMAGINE would share the terms and conditions subsequently.



Appendix 1

1) KB Sentral - YAPPE

Address:

Ground Floor, KB Sentral Shopping Complex, Kg Mumong, Kuala Belait

Yappe Unit - Near Jaya Hypermart

Allocated Area



2) Rimba Point

Units G44 (one unit) and Units G45 (one unit)

Address:

Rimba Point, Jalan 18, Perumahan Negara Rimba, BE 3119

Unit G45 Unit G44

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