ATTACHMENT 7

LIST OF NON-COMPLIANCE (to be attached to the Statement of Compliance, if necessary):

A. NON-COMPLIANCE WITH THE IPNMS CONTRACT TEMPLATES (indicate the specific Contract Template)

PLDT SPECIFICATIONS REFERENCE

(Indicate Article number and quote provision)

RESPONSE
(Indicate whether Not Complied or
Partially Complied)

REMARKS

A. ALTERNATIVE PROPOSAL FOR IPNMS CONTRACT TEMPLATES (indicate the specific Contract Template)

Company/Bidder Name
Signature over Printed Full Name
Date

: _____________________________________________________________________________________________
: ________________________________________

Position : ____________________________________________

: _______________________

Page 1 of 7

PLDT SPECIFICATIONS REFERENCE

(Indicate Article number and quote provision)

RESPONSE
Indicate whether Complied but with
alternative proposal)

REMARKS

Attachment 4 PAYMENT TERM; Clause No. 7.1

Partially Complied

Contractor propose the following invoicing milestone for

the System and payment shall be 45 days from date of
receipt of complete and correct invoice from Contractor:
- 20% upon Purchase Order
- 60% upon Equipment and/ or Software delivery
- 20% upon Initial Acceptance of the System
All payment to be made 45 days from the date of invoice.

Attachment 4 INITIAL ACCEPTANCE; Clause No. 11.1

Partially Complied

Contractor Propose the test schedule as follows: Acceptance Test Program shall be prepared by the
Contractor and shall be submitted to PLDT for its
comments at least two (2) weeks before the scheduled
conduct of the acceptance testing. PLDT shall give its
comments to the Acceptance Test Program within one (1)
weeks from the date of submission by the Contractor.

Attachment 4 INITIAL ACCEPTANCE; Clause No. 11.2

Partially Complied

Contractor Propose the test schedule as follows:

The Contractor shall inform PLDT in writing of the
completion and readiness for acceptance testing of the
System at least two (2) weeks in advance of the
scheduled testing.

Attachment 4 FINAL ACCEPTANCE; Clause No. 13.1

Partially Complied

Contractor Propose the following test schedule:

The Final Acceptance Test on the System shall be
conducted three (3) months after Initial Acceptance and
after it is determined that the System installed has
satisfactorily met the performance monitoring standards.
PLDT shall issue the final acceptance certificate within five
(5) calendar days from its confirmation that the Contractor
has fully complied with the Specifications and that all
defects and faults identified during the Final Acceptance
Test have been repaired or remedied by the Contractor to
the satisfaction of PLDT.

Page 2 of 7

Attachment 4 FINAL ACCEPTANCE; Clause No. 13.2

Partially Complied

Contractor Propose the following test schedule:

No Final Acceptance shall be made beyond one (1) year
from Initial Acceptance. If the System fails to meet the
acceptable performance monitoring standards within one
(1) year from Initial Acceptance, the parties shall confer to
discuss the possible solutions to the problem. In case no
agreement is reached by the parties within thirty (30)
calendar days from the meeting, the Contractor shall
replace, at no cost to PLDT, the System concerned with
other equipment that comply with the performance
standards, and that are acceptable to PLDT.

Attachment 4 TRANSFER OF RISK AND TITLE; Clause No.

16.2

Partially Complied

Title, ownership and other rights shall only pass to

Purchaser upon full payment of the Contract Price or
Purchase Order value being received.

Attachment 4 COMPATIBILITY

Partially Complied

Subject to PLDT making available the required information

on existing networks and systems.

Attachment 4 PERFORMANCE SECURITY; Clause No. 18.1

Partially Complied

Contractor Propose to submit performance bond up to 5%

of the Price.

Attachment 4 REPRESENTATIONS AND WARRANTISE;

Clause No. 19.1.2

Partially Complied

Propose the following term:

The Equipment supplied and the System installed as a
whole shall meet all the Specifications and the terms and
conditions of the Applicable Documents, and shall be free
from defects and errors during the Warranty Period. There
shall be a two (2) year warranty for services and parts
under this Agreement and the Service Agreement.
Replacement of parts or correction of any defects,
including labor, shall be rendered without cost to PLDT
within the Warranty Period.

Attachment 4 REPRESENTATIONS AND WARRANTISE;

Clause No. 19.1.7

Partially Complied

The System design life is 7 years. The submitted quotation

came with 2 years warranty and support

Attachment 4 REPRESENTATIONS AND WARRANTISE;

Clause No. 19.1.8

Partially Complied

The submitted quotation came with 2 years warranty. As

long as the system is under maintenance contract, support
for the system (hardware and software) will be provided

Attachment 4 REPRESENTATIONS AND WARRANTISE;

Clause No. 19.2.1

Partially Complied

Contractor is a corporation duly organised, validly existing

and in good standing under the Malaysian Companies Act,
1965.

Page 3 of 7

Attachment 4 REPRESENTATIONS AND WARRANTISE;

Clause No. 19.2.12

Partially Complied

Subject to Clause 24.7, where the applicable laws permit

limit to be set, contract propose to indemnify up to
maximum of 5% of Contract Price paid.

Attachment 4 LIABILITIES; Clause No. 24.2

Partially Complied

Contractor proposed that the liability under this clause

shall be limited to contract value paid.

Attachment 4 LIQUIDATED DAMAGES; Clause No. 28.2

Partially Complied

Contractor proposed to set the Liquidated damages in (i)

to an amount equivalent to five (5)% of the total price of
the Project.

Attachment 4 LIQUIDATED DAMAGES; Clause No. 28.5

Partially Complied

Contractor proposed to set the liquidated damanges,

financing costs and/or other expenses payable shall not
exceed seven (7)% of the total price of the Project.

Attachment 4 TERMINATION; Clause No. 29.4

Partially Complied

Termination under this clause shall not relieve the

payment obligation of PLDT

Attachment 4 TERMINATION; Clause No. 29.5

Partially Complied

Contractor shall be entitled for payment on Work delivered

up to the termination date, if contract is terminated by
PLDT without cause.

Partially Complied

Contractor propose the following invoicing milestone for

the System and payment shall be 45 days from date of
receipt of complete and correct invoice from Contractor:
- 20% upon Purchase Order
- 60% upon Equipment and/ or Software delivery
- 20% upon Initial Acceptance of the System
All payment to be made 45 days from the date of invoice.

Partially Complied

Contractor propose the following invoicing milestone for

the System and payment shall be 45 days from date of
receipt of complete and correct invoice from Contractor:
- 20% upon Purchase Order
- 60% upon Equipment and/ or Software delivery
- 20% upon Initial Acceptance of the System
All payment to be made 45 days from the date of invoice.

Attachment 5 PAYMENT TERMS; Clause No. 9.1.1

Attachment 5 PAYMENT TERMS; Clause No. 9.1.2

Page 4 of 7

Attachment 5 PAYMENT TERMS; Clause No. 9.1.3

Partially Complied

Contractor propose the following invoicing milestone for

the System and payment shall be 45 days from date of
receipt of complete and correct invoice from Contractor:
- 20% upon Purchase Order
- 80% upon completion of training.
All payment to be made 45 days from the date of invoice.

Attachment 5 PAYMENT TERMS; Clause No. 9.1.4

Partially Complied

100% Yearly in advance

Term: 30days

Attachment 5 INITIAL ACCEPTANCE; Clause No. 10.1

Partially Complied

Propose the following Term:

The Acceptance Test Program shall be prepared by the
Contractor and shall be submitted to PLDT for its
comments at least two (2) weeks before the scheduled
conduct of the acceptance testing. PLDT shall give its
comments to the program within one (1) weeks from the
date of its submission by the Contractor.

Attachment 5 INITIAL ACCEPTANCE; Clause No. 10.2

Partially Complied

Propose the following Term:

The Contractor shall inform PLDT in writing of the
completion and readiness for acceptance testing of the
System at least two (2) weeks in advance of the
scheduled testing. The Initial Acceptance Test shall not be
conducted without the prior written approval from PLDT.
The System shall be considered complete and ready for
Initial Acceptance Test when all the items and components
of the System installed are, in the Contractors reasonable
judgment, in working order.

Attachment 5 INITIAL ACCEPTANCE; Clause No. 12.1

Partially Complied

Propose the following Term:

The Final Acceptance Test of the System shall be
conducted four(4) weeks after Initial Acceptance and after
it is determined that the System installed has satisfactorily
met the performance monitoring standards. PLDT shall
issue the final acceptance certificate within three (3)
calendar days from its confirmation that the Contractor has
fully complied with the Specifications and that all defects
and faults identified during the Final Acceptance Test have
been repaired or remedied by the Contractor to the
satisfaction of PLDT.

Page 5 of 7

Attachment 5 INITIAL ACCEPTANCE; Clause No. 12.2

Partially Complied

Propose the following Term:

No Final Acceptance shall be made beyond one (1) year
from Initial Acceptance. If the System fails to meet the
acceptable performance monitoring standards within one
(1) year from Initial Acceptance, the parties shall confer to
discuss the possible solutions to the problem. In case no
agreement is reached by the parties within thirty (30)
calendar days from the meeting, the Contractor shall
replace, at no cost to PLDT, the System concerned with
other equipment that comply with the performance
standards.

Attachment 5 PERFORMANCE SECURITY; Clause No. 14.1

Partially Complied

Propose the following Term:

Proposed Performance security value equivalent to 5% on
contract value valid until 45 days after warranty period.

Attachment 5 REPRESENTATIONS AND WARRANTIES;

Clause No. 15.1.2

Partially Complied

Propose the following Term:

The Work shall be fully completed in conformity with the
terms and conditions of this Agreement, the Supply
Agreement and the Applicable Documents, and shall be
free from defects and errors during the Warranty Period.
There shall be a two (2) years warranty for the System
and the Work provided under this Agreement.
Replacement of parts or correction of any defects,
including labor, shall be rendered without cost to PLDT
within the Warranty Period.

Attachment 5 REPRESENTATIONS AND WARRANTIES;

Clause No. 15.1.8

Partially Complied

The design life cycle is 7 years. As long as the system is

under maintenance contract, support for the system will be
provided

Attachment 5 PLDT AND CONTRACTOR RELATIONSHIP;

Clause No. 16.10

Partially Complied

Limited to contract value

Attachment 5 LIABILITIES; Clause No. 22.2

Partially Complied

Damage responsibility should be limited to tangible

personal property damage and personal injury caused by
contractors gross negligence or willful misconduct. The
compensation amount should be limited to contract value
paid.

Page 6 of 7

Attachment 5 LIQUIDATED DAMAGES; Clause No. 26.2

Partially Complied

Proposes that liquidated damages applicable is as

follows:
- 0.1% of Contract Price per week, up to maximum of 5%
of Contract Price

Attachment 5 LIQUIDATED DAMAGES; Clause No. 26.2

Partially Complied

To be discussed upon contract award.

Attachment 5 LIQUIDATED DAMAGES; Clause No. 26.5

Partially Complied

Should be limited to 10% of contract value

Attachment 5 TERMINATION; Clause No.27.4

Partially Complied

Termination under this clause shall not relieve the

payment obligation of PLDT

Attachment 5 TERMINATION; Clause No.27.5

Partially Complied

Contractor shall be entitled for payment on Work delivered

up to the termination date, if contract is terminated by
PLDT without cause.

Company/Bidder Name

: GLOBEOSS SDN BHD

Signature over Printed Full Name

: ________________________________________

Date

Position : CEO

: 16 July, 2010

Page 7 of 7