Sub-Contractor Commercial Checklist
Conflict of Interest & Ethics
1 At any time during the most recent fiscal year, have you or, to the best of your knowledge, any employee
of your organisation, had a direct or indirect financial interest in an organisation with which your Company
has done business? This includes organizations providing goods or services to your Company as well as
professional organizations such as legal, accounting, banking and consulting firms.
Yes
No
If the answer is “Yes,” please give details
2 At any time during the most recent fiscal year, have you or, to the best of your knowledge, any family
member or employee of your organisation, had a direct or indirect financial interest with ENP, which
your Company has done or is going to do business?
Yes
No
If the answer is “Yes,” please give details
3 At any time during the most recent fiscal year, have you or, to the best of your knowledge, your organisation
negotiated or influenced, directly or indirectly, any business transaction with the Company of the type
described in Question #1 above (that is, a transaction between the Company and an organization in which
you or, to the best of your knowledge, a family member or employee of your organization has a financial
interest)?
Yes
No
If the answer is “Yes,” please give details
4 At any time during the most recent fiscal year, have you or , to the best of your knowledge, your organisation
negotiated or influenced, directly or indirectly, any business transaction with the Company of the type
described in Question #1 above, that is directly or indirectly relates to ENP business?
Yes
No
If the answer is “Yes,” please give details
5 At any time during the most recent fiscal year, have you or, to the best of your knowledge, any employee of
of your organisation, been engaged in any activity for personal profit which could be considered as being in
competition with ENP or contrary to the ENP’s interests?
Yes
No
If the answer is “Yes,” please give details
6 Do you or, to the best of your knowledge, your organisation, have any direct or indirect financial interest in any
person, firm or corporation which, to your knowledge, is a party opposing ENP in any threatened lawsuit or
dispute?
Yes
No
If the answer is “Yes,” please give details
7 Do you or, to the best of your knowledge, your organisation, have direct or indirect supply of goods or services
to any of ENP rival/competitor which you foresee the possibility of conflict of interest?
Yes
No
If the answer is “Yes,” please give details
8 At any time during a year, should there be any circumstances that your organisation has direct or indirect
quoted a particular project which ENP is participating, do you agree to work with ENP instead of
competing in order to provide a better solution to end customer?
Yes
No
If the answer is “Yes,” please give details
9 At any time during the most recent fiscal year, have you or your organisation disclosed or caused the
disclosure of any confidential information of ENP other than when such disclosure was authorized by the
Company or required pursuant to the direction of a proper authority?
Yes
No
If the answer is “Yes,” please give details
Delivery
1 Upon commencement of work on site, you are required to proceed with the work regularly and diligently.
You are not allowed to suspend work on site without approval from ENP. Do you agree ?
Yes
No
If the answer is “No,” please give details
2 If at any time after the project award that your organisation fails to perform the work on site as per agreed
timeline, ENP reserves the right to sub-contract the work to any other contractor in order to ensure timely
handover of project to customer as committed. You will be required to pay/charge for the additional
sub-contracting work. Do you agree ?
Yes
No
If the answer is “No,” please give details
Pre/Post-Sales Service and Technical Support
1 Are you or your organisation willing to respont ENP's enquiry timeliness; Prepare to assist and advise
ENP in term of technical or provide drawing upon request for pre and/or post sales support?
Yes
No
If the answer is “No,” please give details
Defects Liability Period/Warranty
1 Defects Liability Period will be at least twelve (12) months or as required by the project, from the date of
project handover. All defects or other faults shall be made good to Client satisfaction at your own expenses
with no additional claim whatsover. Do you agree ?
Yes
No
If the answer is “No,” please give details
Mode of Payment
1 Payment shall be followed stictly as per the credit term that has been agreed upon. Payment shall be based
on progress of work done on site. You are required to submit claim to ENP on monthly basis or as
stipulated in the contract. Do you agree ?
Yes
No
If the answer is “No,” please give details
Others
1 Do your organisation establish any branches/office in other country, which presently being a
vendor/contractor to ENP Market Unit in a particular country?
Yes
No
If the answer is “Yes,” please give details
2 At any time during a year, ENP audit team might deem necessary to audit you or, to the best knowledge,
your organisation, in term of commercial or technical. Do you agree to extend ENP assistance and full
cooperation during the audit process? Notice will be given prior to the audit.
Yes
No
If the answer is “No,” please give details
There are orders or projects that entitle to the following clauses, which will be imposed on case by case
basis, subject to further negotiation :-
Liquidated and Ascertained Damaged (Applicable only if imposed by Client/Main Contractor)
1 Depends on the project requirement, a sum of LAD per day (to be determined upon project awarding) shall
be imposed to you if you fail to complete the works within the time prescribed in project schedule.
Do you agree ?
Yes
No
If the answer is “No,” please give details
2 A 10% retention sum shall be imposed on the amount certified up to limit of 5% of the original or adjusted
contract sum. This is applicable to all contracts with the original contact sum greater than MYR50,000.00.
Do you agree ?
Yes
No
If the answer is “No,” please give details
Variation
1 All variation order will not be entertained without prior written approval from ENP. Do you agree ?
Yes
No
If the answer is “No,” please give details
Insurances
1 Your organisation shall ensure that all your workers that are engaged to a particular project appointed
by ENP have been duly registered under the PERKESO, or covered by a necessary insurance policy
for worker compensation. Do you agree ?
Yes
No
If the answer is “No,” please give details
2 Should there be a request by customer, your organisation shall insured a coverage for Public
Liability of a particular project upon request. Do you agree ?
Yes