(a)€¦ · g.f. 231 (rev. 7/03) 3. we also certify that the particul ars given by us below, are...

G.F. 231 (Rev. 7/03)

3. We also certify that the particulars given by us below, are correct:

(a) The number of our Business Registration Certificate

is ..............................................................................................................................................................................................

(b) The date of expiry of our Business Registration Certificate

is ..............................................................................................................................................................................................

..................................................................................................................................................................................................

(c) We are covered by an Employees' Compensation Insurance Policy, the particulars of which are as follows :-

Policy No. ...............................................................................................................................................................................

Name of Insurance Company ..................................................................................................................................................

Period covered by the Policy is from ......................................................................................................................................

to .............................................................................................................................................................................................

Brief particulars of the cover provided and any special conditions are as follows :

..................................................................................................................................................................................................

..................................................................................................................................................................................................

4. We warrant the signatory(ies) mentioned in paragraph 7 below is/are duly authorised to sign all or any part of the Tender Document including this GF231 for and on our behalf .

5. We are a company incorporated in ................................... under the name of .................................................................................

..........................................................................................................................................................................................................

6. Our registered office is situated at ...................................................................................................................................................

..........................................................................................................................................................................................................

Hong Kong.

7. Name(s) and address(es) of person(s) signing for and on our behalf :

..................................................................................................................................................................................................................

Signature(s) for and on behalf of the company mentioned in 5:

..................................................................................................................

..................................................................................................................

Dated this .......................... day of .......................... 20 ................

Note (i) All the particulars required above must be provided. (ii) Strike out clearly alternatives which are not applicable.

PART 5

MEMORANDUM OF ACCEPTANCE

On behalf of the Government of the Hong Kong Special Administrative Region,

I ............................................................................................................................................................................................................... (Name and position of officer)

accept your tender for the Contract (as defined in the Tender Document) to provide the Services (as defined in the Tender Document) on and subject to the terms and conditions set out in the Contract so far as such offer relates to the following item(s) in the schedule:

……………………………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………………………

Dated this .......................... day of .......................... 20 ................

Signed by the said ....................................................... in the presence of : ......................................................

...................................................................................... ......................................................................................

...................................................................................... ......................................................................................

Tender Ref.: AFCD/WP/02/17 Page 1

Notes for Tenderers

NOTES FOR TENDERERS

Tenderers shall read this Tender Document carefully prior to submitting their tenders. Any tender which fails to comply with the requirements contained herein may render the tender invalid. 1. Tender Document

This Tender Document identified as AFCD/WP/02/17 consists complete sets of: (a) Tender Form (G.F. 231 Parts 1-5); (b) Interpretation; (c) Part 1 – Terms of Tender; (d) Part 2 – General Conditions of Contract; (e) Part 3 – Special Conditions of Contract; (f) Schedules 1 – 7; (g) Annex A – Reply Slip for Tender Briefing Session; (h) Annex B – Marking Scheme for Tender Evaluation; (i) Annex C – Background of Tenderer; (j) Annex D – Checklist on Information Submitted by Tenderer; (k) Annex E – Sample of Accountant’s Certificate for Payment Application; and (l) Annex F – Form of Banker’s Guarantee for the Performance of the Contract.

2. Tender Briefing Session and Site Visit

A tender briefing session will be held on 27 October 2017 at 10:00 a.m. at the Hong Kong Wetland Park at Wetland Park Road, Tin Shui Wai, New Territories, Hong Kong. Tenderers are strongly advised to attend the tender briefing session and site visit in order to fully acquaint themselves with the requirements of the Government and to determine the scale and costs of the Service to be provided.

3. Submission of Management Plan, Work Plan and Contingency Plan (a) Tenderers shall submit with each tender for the approval of the Government

Representative a management plan, a work plan and a contingency plan showing the manner in which and the methods of work by which the Tenderers propose to carry out the Contract. Details of the management plan, work plan and contingency plan are shown in Part A of Schedule 6. If a Tenderer has failed to submit any of these plans, its tender will not be considered further.

(b) Tenderers shall note that under Clause 9 of the Special Conditions of Contract in Part 3, the Government Representative shall be entitled to request from time to time the amendment of the plans submitted by the Tenderer under Clause 3(a) hereof to suit the needs and requirements of the Government Representative.

4. Sub-Contracting Proposal Tenderers should note that no sub-contracting proposal submitted during the tendering stage

will be considered by the Department. The sub-contracting proposal will only be considered during the performance of the Contract when the Department finds that there is an emergency or a very special circumstance arising. The Contractor may pursue the application in accordance with the provision of Clause 9 of the General Conditions of Contract of Contract in Part 2. Any tender containing a sub-contracting proposal will not be processed any further for evaluation.

5. About these Notes

These Notes do not form part of the Tender Document or the Contract. In the event of any conflict between these Notes and the Tender Document, the Tender Document shall prevail.


Notes for Tenderers

BLANK PAGE


Interpretation

INTERPRETATION

1. In the Tender Document and the Contract, the following words and expressions have the meaning hereby assigned to them except when the context otherwise requires -

“Authorised Officer” means the officer(s) appointed from time to time by the

Government Representative to be responsible for management of the Hong Kong Wetland Park at Tin Shui Wai, New Territories, Hong Kong;

“Central Tender Board” means the Central Tender Board of the Government; "the Contract" or “this Contract” means the contract made between the Government and

the Contractor for the provision of the Services on and subject to the terms and conditions set out in: (a) this Interpretation; (b) the Terms of Tender; (c) the General Conditions of Contract; (d) the Special Conditions of Contract; (e) the Schedules including those as submitted by the

Tenderer as part of its tender for the Contract; (f) the Offer to be Bound as signed by the Contractor

and forming part of this tender; (g) the letter of acceptance referred to in Clause 11(e)

of Terms of Tender; and the attachments to any of the above;

"Contract Deposit" means the deposit as more particularly described in

Clause 16 of the Terms of Tender and Clause 17 of the Special Conditions of Contract;

"Contract Period" means the period specified in Clause 1 of the General

Conditions of Contract subject to early termination or any extension as described in Clause 1 of the General Conditions of Contract;

"Contractor" means the Tenderer whose tender for the Contract has

been accepted by the Government and includes its personal representatives, successors and permitted assignees;

“Contractor Personnel” means any one or more employee or employees of the

Contractor who is/are deployed by the Contractor to perform the Services under the Contract;

“Demerit Point” means a demerit point entered against a Tenderer due

to issue of a notice of default by the Government departments for breach(es) of contractual obligations in respect of wage level, daily maximum working hours, signing of standard employment contract with and wage payment by means of autopay to non-skilled workers (except temporary leave relief of employment period not longer than seven (7) days) employed for the carrying out of any contract with the Government. For each notice of default issued, it attracts one demerit point. The demerit points given to a contractor will be taken


Interpretation

into account by the Government in tender evaluation of the contractor’s future bids for all Government service contracts that rely heavily on the deployment of non-skilled workers as defined by the Government;

"Department" or "AFCD" means the Agriculture, Fisheries and Conservation

Department; “Estimated Contract Sum” means the total amount payable by the Government to

the Contractor over the Contract Period as specified in Part 1 of Schedule 2 for the full and proper performance by the Contractor of its obligations under the Contract;

“Force Majeure Event” means:

(a) any supervening outbreak of war affecting Hong Kong and/or any other parts of the PRC, hostilities (whether war be declared or not), invasion, acts of foreign enemies, rebellion, revolution, military or usurped power, overthrow (whether by external or internal means) of the Government and/or the government of the PRC, civil war, riot, civil disturbances, fire if not caused or contributed to by the Contractor, its related persons (as defined in Clauses 21(d)(i) and (ii) of the Terms of Tender) or any employee or agent or ex-employee or ex-agent thereof, civil commotion and acts of God; or

(b) any supervening catastrophic event which is similar to the foregoing if not caused or contributed to by the Contractor, its related persons (as defined in Clauses 21(d)(i) and (ii) of the Terms of Tender) or any employee or agent or ex-employee or ex-agent thereof; or (c) any supervening epidemic outbreak in Hong Kong and/or any other part of the PRC; and which, in any case of (a), (b) and (c) above, prevents the performance of the duties and obligations of any party hereunder;

“General holiday” or “public holiday” means every Sunday and any other day which is a

general holiday by virtue of the General Holidays Ordinance (Cap. 149);

“Government” means the Government of Hong Kong; "Government Representative” means the Director of Agriculture, Fisheries and

Conservation of the Government or any officer as he may from time to time authorise to act on his/her behalf for the purposes of the Contract and being responsible for management of the Hong Kong Wetland Park at Tin Shui Wai, New Territories, Hong Kong;


Interpretation

"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China;

“Hong Kong Wetland Park” means the Hong Kong Wetland Park the location of or “HKWP” which is more particularly shown and described in

Schedule 1;

"Inspecting Officer" means the officer appointed by the Government Representative for the purpose of inspecting the Services performed in pursuance of the Contract;

“Invitation to Tender” means this invitation to tender issued by the

Government inviting tenders for the Contract on the terms set out in the Tender Document;

"Month" or "Monthly Period" or means a calendar month; “month” "Monthly Payment" means in relation to a Month during the Contract Period,

the amount payable to the Contract for the Services in accordance with the Contract in that Month, based on the Rates specified in Schedule 2;

"non-skilled workers " means those workers who perform the functions

comparable to the duties of Government Model Scale 1 Grade Staff, and for the purpose of this Invitation of Tender, include the Security Staff;

"person" includes any individual, corporation, firm and

unincorporated body;

“PRC” means the People’s Republic of China;

“Public Body” and “Public Officer” have the meanings given to them in the Interpretation and General Clauses Ordinance (Cap. 1);

"Rates" means the rates chargeable for the provision of a

Security Staff specified in Schedule 2 for the calculation of the Monthly Payment;

"Schedules" means as that term appears in the Terms of Tender: the

Schedules forming part of the Tender Document; and as that term appears in the Contract, and in Part 4 - Offer to be Bound appearing in the Tender Form signed and submitted by the Contractor: means the Schedules as completed by the Contractor and submitted as part of its tender for the Contract;

“Security Guard” means a person who holds a valid Category B Security

Personnel Permit issued under the Security and Guarding Services Ordinance (Cap. 460) and is deployed by the Contractor to perform the duties set out in Schedule 4;


Interpretation

"Security Personnel Permit" means a permit issued to an individual by the Commissioner of Police under section 14 or renewed under section 15 of the Security and Guarding Services Ordinance (Cap. 460) for doing the type of security work described in the Contract;

"Security Staff" means the Security Guards and Supervisors supplied by

the Contractor to provide the Services; references to “each Security Staff” means each member of the Security Staff; references to “a Security Staff” shall mean any one member of the Security Staff; and similar interpretation shall apply to other grammatical variation of these references;

"Security Manager" means the person appointed by the Contractor in

accordance with Clause 5(e) of the Special Conditions of Contract and approved by the Government Representative to be the duly authorised representative of the Contractor and to liaise with the Government Representative for all purposes connected with the Contract;

“Services" means all services, duties and obligations to be provided

or performed by the Contractor under the Contract including in particular the services referred to in Clause 1 of the Special Conditions of Contract;

“Statutory Minimum Wage” or “SMW” means the “minimum wage” as defined in the Minimum

Wage Ordinance (Cap. 608); “Standard Employment Contracts” means the written employment contracts entered into

between the Contractor and the non-skilled workers (except a temporary relief worker whose period of engagement does not exceed 7 days) for performing the Services under the Contract and, where applicable, the written employment contracts entered into between the permitted sub-contractor and its non-skilled workers performing such services if sub-contracting is approved. A sample of such contract and its guidance notes can be downloaded from the following hyperlink: http://www.afcd.gov.hk/english/tender/tender_rel/tender_rel.html;

“Supervisor” means a Security Guard who is appointed by the

Contractor as supervisor. "Tender Closing Date" means the latest date and time (Hong Kong Time) by

which tenders must be lodged as the same may be extended by the Government pursuant to any applicable provision in the Tender Document;

"Tender Document" means the set of tender documents issued by the

Government for this Invitation to Tender comprising the Tender Form (G.F.231), this Interpretation, the Terms of Tender, the General Conditions of Contract, the Special Conditions of Contract, and the Schedules. These


Interpretation

documents shall be referred to throughout the Tender Document or the Contract by their titles as specified herein;

"Tender Validity Period" means the period of time described in Clause 8(a) of the

Terms of Tender during which the tender is to remain open;

"Tenderer" means the company who has submitted a tender in

response to this Invitation to Tender; "Work Shift" means in relation to a Security Staff, a shift of such

number of duty hours as more particularly described in Schedule 4; and

“working day” means any day excluding Saturdays, Sundays, public

holidays (as defined in the Interpretation and General Clauses Ordinance (Cap. 1)), and excluding a day on which the Tropical Cyclone Signal No. 8 or above is hoisted or Black rainstorm signal is in force, throughout the bank normal opening hours.

2. Unless the context otherwise requires, words and expressions in the singular include the plural

and vice versa; words and expressions importing the masculine gender include the feminine and neuter gender and vice versa.

3. Section or clause headings to any provision, schedule, annex and other attachments of this Tender Document are inserted for convenience of reference only and shall not in any way vary, limit or extend the interpretation of the Tender Document.

4. Where in the Tender Document there is a reference to a clause, sub-clause, schedule, annex or attachment by number or letter, and not in conjunction with an ordinance or regulation, such reference shall be construed as a reference to the clause, sub-clause, schedule, annex or attachment of that number or letter contained in the Tender Document.

5. Reference to any enactment, order, regulation or other similar instrument shall be construed as a reference to the enactment, order, regulation or instrument as amended by any subsequent enactment, order, regulation or instrument.

6. References to “associate” of a person shall mean: (a) a relative or partner of that person; or (b) a company one or more of whose directors is in common with one or more of the

directors of that person; For the purposes of Clause 6: “director” shall mean any person occupying the position of a director by whatever name called

and includes, without limitation, a de facto or shadow director; and “relative” shall mean the spouse, parent, child, brother or sister of the relevant person, and, in

deducing such a relationship, an adopted child shall be deemed to be a child both of the natural parent and the adopting parent and a step child to be a child of both the natural parent and the step parent;

7. References to “associated person” of a person shall mean:

(a) any person who has control, directly or indirectly, over that person; or (b) any person who is controlled, directly or indirectly, by that person; or


Interpretation

(c) any person who is controlled by, or has control over, the first-mentioned person in (a) or (b);

For the purposes of Clause 7, a person having “control” over another person shall mean the power of that person to secure: (1). by means of the holding of shares or interests or the possession of voting power in or in

relation to the second-mentioned person or any other person; or (2). by virtue of powers conferred by any constitution, memorandum or articles of association,

partnership, agreement or arrangement (whether legally enforceable or not) affecting that second-mentioned person or any other person; or

(3). by virtue of holding office as director in that second-mentioned person or any other person;

that the affairs of that second-mentioned person are conducted in accordance with the wishes of the first-mentioned person; for the avoidance of doubt, without prejudice to the generality of the foregoing, the holding of 30% or more of shares or interests or voting power shall be deemed to be sufficient control to ensure such happening;

8. The Government Representative may exercise all rights and powers of the Government under

the Tender Document and the Contract. If any provision of the Contract provides for a determination of any matter by the Government or the Government Representative, the determination made by the Government or the Government Representative (as the case may be) is, in the absence of manifest error, final and conclusive.

9. Where a word or expression is defined in the Tender Document, the meaning of such work or

expression extend to its grammatical variations and cognate expressions as used in the Tender Document; and

10. Any reference to and the definition of any document shall be deemed to be a reference to such

document (including any schedules and/or appendices thereto) as from time to time amended, supplemented, modified, novated or replaced (in whole or in part), but disregarding any amendment, supplement, variation or replacement taking place in breach of the terms of such document.


Part 1 – Terms of Tender

PART 1 TERMS OF TENDER

CONTENT

1. Invitation to Tender

2. Tender Document

3. General Instructions in Completing Tender

4. Essential Requirements

5. Tender Preparation

6. Use of Two-Envelopes in Submission of Tender

7. Tender Evaluation

8. Tenders to Remain Open

9. Price Quote

10. Monthly Wage for the Security Guards

11. Basis of Acceptance

12. Negotiations

13. Saving

14. Tenderer's Response to the Department’s Enquiries

15. Complaints About Tendering Process or Contract Awards

16. Submission of Document for Financial Vetting and Contract Deposit

17. Declaration of Conviction of Offences and information to be submitted

18. Consent to Disclosure

19. Personal Data Provided

20. Contractors' Performance Monitoring

21. Government Discretion

22. Documents of Unsuccessful Tenderers

23. Costs of Preparing the Tender

24. Offer to be Binding

25. Offering Gratuities

26. Tender Addenda

27. Briefing Session and Site Visit

28. Enquiries

29. Disqualification of Tenders

30. Warranty against Collusion



PART 1 TERMS OF TENDER

Tenderers shall read this Tender Document carefully prior to submitting their tenders. Any tender which fails to comply with the requirements contained herein may render the tender invalid.

1. Invitation to Tender

Tenders are invited for the provision of the whole of the Services on the terms and conditions set out in the Contract.

2. Tender Document The Tender Document issued by the Government for this Invitation to Tender are listed in Clause 1 of the Notes for the Tenderers, which shall be deemed repeated herein.

3. General Instructions in Completing Tender (a) This is an Invitation to Tender for the provision of all of the Services throughout the

Contract Period.

(b) No Tenderer may make any counter-proposals to any requirement set out in the Tender Documents. Counter-proposals from a Tenderer in contravention of this restriction will entitle the Government to disqualify the Tenderer or proceed with evaluation by ignoring the counter-proposal and deem that the Tenderer has agreed to the original term to which the counter-proposal relates. Notwithstanding, the Government reserves the absolute discretion to negotiate with the Tenderer concerning a counter-proposal provided that such discretion will not be exercised if the counter-proposal concerns an essential requirement specified in the Tender Documents including those set out in Clause 2 of Annex B or otherwise concerns the provisions set out in the Tender Documents in relation to preparation, submission, evaluation of tenders or the award of Contract. A Tenderer, which makes a counter-proposal to an essential requirement, will be disqualified after an opportunity which may be given for clarification (if any). For the latter case of counter-proposal, such counter-proposal also entitles the Government to disqualify the Tenderer. If the Government does elect to negotiate with a Tenderer concerning a counter-proposal, and if after such negotiation, the Tenderer is still unwilling to withdraw such counter-proposal, or otherwise revise it on terms acceptable to the Government, the Government may still disqualify the Tenderer. Any accepted counter-proposal following from a successful negotiation shall be deemed as part of the Tenderer’s tender and forms part of the Contract and shall be binding on the Tenderer if the Contract is eventually awarded to it.

(c) Figures should not be altered or erased; any alteration should be effected by striking through the incorrect figures and inserting the correct figures in ink above the original figures. All such amendments should be initialled by the Tenderer in ink.

(d) Tenders are to be submitted in triplicate and are to be completed in ink or typescript. Tenders not so completed may not be considered.

(e) Tenders may not be considered if false or incorrect information is given or if complete information including but not limited to description literature, catalogues and documentary evidence is not given with the tender or if any particulars and data asked for in the Schedules are not furnished in full.

(f) All proposals, information and responses from Tenderers must be submitted in writing.



(g) The Government reserves the right to disqualify any Tenderer who submits a tender that directly or indirectly attempts to preclude or limit the effect of any provision of the Terms of Tender.

(h) All supplementary information to this invitation to tender will be in writing with content and number of pages described and forwarded to all Tenderers known to be in receipt of the Tender Document by post. Tenderers must acknowledge receipt of all such supplementary information.

(i) Tender submitted by a joint venture (either incorporated or unincorporated) will not be considered.

4. Essential Requirements Without prejudice to the other provisions of the Tender Document, a tender will not be considered further if it is revealed at Stage 1 and Stage 2 of the Government’s evaluation of Tender (as provided in Annex B) that it is incomplete or any of the essential requirements set out in Clauses 2 and 3 of Annex B is not complied with.

5. Tender Preparation (a) All Tender Documents shall be completed and submitted in accordance with the

“Lodging of Tender” of the Tender Form.

(b) Tender shall be completed in ink or typescript and in TRIPLICATE (one original and two photocopies) with all necessary information including documentary evidence which are necessary for tender evaluation.

(c) A tender submitted by a Tenderer shall comprise the Technical Proposal in one envelope and the Price Proposal in another envelope. For the Technical Proposal, it shall comprise the following in triplicate:

(1) Part 4 of the

Tender Form A signed Offer To Be Bound;

(2) Schedule 3 Staffing Requirements and Monthly Wages Proposal for Security Staff

(3) Schedule 5 Declaration of Conviction of offences under the Employment Ordinance, Employees’ Compensation Ordinance, Mandatory Provident Fund Schemes Ordinance, Immigration Ordinance or Section 89 of the Criminal Procedure Ordinance

(4) Schedule 6 Management Plan, Work Plan and Contingency Plan (5) Annex C Background of Tenderer (6) Annex D Checklist on Information Submitted by Tenderer (7) Others Copies of a valid, subsisting and unexpired license

within the meaning of the Security and Guarding Services Ordinance (Cap. 460) issued under Cap. 460 in the name of the Tenderer.

Copies of current Memorandum and Articles of Association, Certificate of Incorporation, and other documents to show nature of business status;

Copies of the current Business Registration Certificate. The certificate should bear a machine printed line to show that full registration fee has been effected; and

Copies of ISO 9001 and ISO 14001 and OHSAS 18001 in the provision of security guard services (if any).



The Price Proposal shall comprise Schedule 2 – Price Proposal in triplicate.

(d) When completing Part 4 – Offer to be Bound of the Tender Form, Tenderer should ensure that:

(i) the name of the Tenderer is the same as the one appearing on : (1) in relation to a Tenderer which is a company incorporated in Hong Kong,

the lastest of :- (A) the Certificate of Incorporation of the Tenderer; (B) if there has been a change of name, the last Certificate on Change of

Name of the Tenderer; or (C) if the Tenderer has a trading name, the last Business Registration

Certificate of the Tenderer; or (2) in relation to a Tenderer which is incorporated outside Hong Kong, the

latest of a document equivalent to any of (A), (B) and (C) above; and (ii) the form is duly signed by Tenderer’s authorised person.

(e) Tenderers should check the numbers of pages of the Tender Document. If they find

any missing or indistinct pages, they shall inform the Government Representative immediately so that the same can be rectified. Any addition or removal of any page of the Tender Document may render the tender invalid.

(f) Tenderers should note that no sub-contracting proposal submitted by a Tenderer during the tendering stage will be considered by the Department. Any Tenderer in contravention of this restriction by submitting sub-contracting proposal will be disqualified based on the essential requirement specified in Annex B. An application for approval of a proposed sub-contracting arrangement may only be made by the Contractor during the Contract Period in accordance with Clause 9 of the General Conditions of Contract in Part 2.

(g) It is the duty of the Tenderer to ensure that it understands all requirements of the Tender Document and to consult its advisers including legal adviser. Without prejudice to the foregoing, any enquiries concerning the submission of its tender may be lodged at least two days before the Tender Closing Date to be addressed in the manner specified in Clause 28(a) below.

(h) To avoid any potential disqualification or delay, Tenderers are urged to ensure that complete set of items required in Clause 5(c) is submitted at the time of submission of their tenders. Failure to submit the duly signed Part 4 of the Tender Form - Offer to be Bound, Schedule 2 with price information duly completed, Table 1 of Annex C and Schedule 6 by the tender closing date will render a tender not to be considered further.

(i) Without prejudice to any other provision of these Terms of Tender, if Schedules 3 and 6 are accepted by the Government, they will be legally binding on the successful Tenderer and form part of the Contract.

6. Use of Two Envelopes in Submission of Tender Completed tender document shall be submitted separately in two sealed envelopes as follows: (a) The Price Proposal (i.e. Schedule 2 “Price Proposal”) must be enclosed in a sealed

envelope clearly marked “Tender Reference: AFCD/WP/02/17 - Tender for the Provision of Security Guard Services for the Hong Kong Wetland Park – (Price Information)”; and

(b) The Technical Proposal (i.e. all other remaining documents required by this Invitation to Tender namely all the information and documents specified in Clause 5(c) above under



the heading “Technical Proposal”) shall be enclosed in another sealed envelope clearly marked “Tender Reference: AFCD/WP/02/17 - Tender for the Provision of Security Guard Services for the Hong Kong Wetland Park – (Technical Information)”.

(c) The Technical Proposal and the Price Proposal shall then be put into one single large

sealed envelope clearly marked “Tender Reference: AFCD/WP/02/17 - Tender for the Provision of Security Guard Services for the Hong Kong Wetland Park” without bearing any references to the identity of the Tenderer, and addressed to the Chairman, Government Logistics Department Tender Opening Committee. Tender shall be deposited in the Tender Box of the Government Logistics Department situated at the Ground Floor, North Point Government Offices, 333 Java Road, North Point, Hong Kong before 12:00 noon on 8 November 2017. Late Tenders will not be considered.

(d) In case Tropical Cyclone Warning Signal No. 8 or above is hoisted or a Black rainstorm

warning signal is in force for any duration between 0900 and 1200 hours on the date and time specified in the “LODGING OF TENDER” section of the Tender Form, the latest date and time before which tenders are to be deposited at the tender box referred to in the Tender Form will be extended to 1200 hours on the following working day on which no Tropical Cyclone Warning Signal No. 8 or above is hoisted nor a Black rainstorm warning Signal is in force for any duration between 0900 and 1200 hours.

7. Tender Evaluation The Government will use the Marking Scheme as set out in Annex B of this Tender Document to assess the tenders. The weightings of Technical Score and Price Score are 30% and 70% respectively. Before submitting their tenders, Tenderers are advised to note the following steps to be adopted for tender evaluation: (a) Stage 1 – Completeness Check

Technical proposals of all tenders received will be checked to ensure completeness of the tender submissions. Only those tenders which pass the completeness check will proceed to Stage 2 – Essential Requirement Assessment. A tenderer who failed to submit the following duly completed documents by the Tender Closing Date will not be considered further: (i) Signed Part 4 of the Tender Form – Offer to be Bound; (ii) Schedule 2 – Price Proposal with price information duly completed; (iii) Schedule 6 – Management Plan, Work Plan and Contingency Plan; and (iv) Table 1 of Annex C – Background of Tenderer.

(b) Stage 2 – Essential Requirement Assessment

The tenders will be checked against the essential requirements set out in Clause 3 of the Marking Scheme in Annex B. Only those conforming to all the essential requirements set out in the Marking Scheme will enter into Stage 3 evaluation.

(c) Stage 3 – Technical Assessment

The Technical Score of conforming tenders will be assessed in accordance with the criteria set out in the Marking Scheme. Tenderers should note the passing mark of individual criteria for this stage of evaluation. Any tender failing to score the passing mark of any of the individual criteria in this stage will not be considered or evaluated further.

(d) Stage 4 – Price Assessment

The price information of tenders that have passed Stage 3 evaluation will be assessed according to the formula stated under “Stage 4 – Price Assessment” of the Marking Scheme.



(e) Stage 5 – Calculation of Combined Score The combined score of the tenders which passed the Stage 3 evaluation will be calculated. Subject to other provisions in these Terms of Tender, the Tender that has achieved the highest combined score will normally be recommended for acceptance.

8. Tenders to Remain Open (a) Tenders shall remain open for acceptance within a period of not less than one hundred

and eighty (180) days after the Tender Closing Date. If before the expiry of the agreed validity period, their offer is withdrawn, they are advised that due notice will be taken of their action and this may well prejudice their future standing as a Government supplier.

(b) All tenders must be submitted before the Tender Closing Date. Subject to Clause 14,

late tenders will not be considered.

(c) If a Tenderer offers in its tender a period that is shorter than one hundred and eighty (180) days, the Government will clarify with the Tenderer concerned, in which case the Tenderer must confirm compliance with Clause 8(a) within five (5) working days or such other period as specified by the Government without any other change to the tender (except any change made in response to any clarification by the Government pursuant to Clause 14). If the Tenderer fails to confirm compliance with Clause 8(a) within the specified deadline or, despite confirming compliance therewith, introduces any change to the tender not in response to any clarification by the Government pursuant to Clause 14 its tender will not be considered further.

9. Price Quote (a) A Tenderer shall quote its charges in Hong Kong dollars. Such charges shall be

all-inclusive and where applicable, they shall include trade and cash discounts and all expenses incidental to the due and proper performance of the Contract by the Tenderer if it is awarded the Contract.

(b) If, at the request of the Contractor, assistance of any Government staff is provided after normal working hours (i.e. Mondays to Fridays, inclusive, 9:00 a.m. to 5:00 p.m.; Saturdays, 9:00 a.m. to 12:00 noon; Sundays and public holidays excluded) the Contractor shall be responsible for all overtime remuneration, subsistence allowances and travelling expenses of such Government staff directly engaged in such assistance.

(c) The charges quoted by the Tenderer in its tender shall remain valid for the duration of the Contract. The Government will not consider any request for variation of the charges quoted after the Tender Closing Date. If however a Tenderer wishes to submit a conditional offer which contains a price variation clause, it may do so, with the clear understanding that such an offer may prejudice the award of the Contract. In any such case the basis of the price variation formula should be clearly stipulated in the tender. The formula is binding on the Government only if it is accepted by the Government in writing.

(d) Tenderers should ensure that the charges that it quotes in its tender are accurate before submitting the tender. Without prejudice to the powers of the Government to request a Tenderer to provide clarification or to negotiate with a Tenderer, the Government will not accept any request from a Tenderer for price correction on whatsoever grounds including that a mistake or other error has been made in the charges quoted in a tender.

10. Monthly Wage for the Security Guards (a) Tenderers shall in Schedule 3 propose the monthly wage (and the equivalent wage rate

per hour) payable to each Security Guard and each Security Supervisor to be deployed



for the performance of the Services. (b) It is a requirement of the Contract that the proposed monthly wage shall not be less than

the following amount to be calculated as follows (“Mandatory Monthly Wage”) –

[Fixed number of working hours per day] (Note 1)

x

[The number of working days plus paid rest days per month] (Note 2)

x

[hourly wage proposed by the Tenderer in Schedule 3 or the minimum hourly wage for the time being prescribed in the Minimum Wage Ordinance (Cap. 606), whichever amount is higher.] (Note 3)

Note 1: Eight working hours are fixed and are not subject to counter-proposal from the Tenderer. The 30-minute meal break shall be counted as working hour.

Note 2: (i) It is a requirement of the Contract that each member of the Security Staff is allowed

one paid rest day for every period of seven days, irrespective of the number of working days in the seven-day period.

(ii) For the purposes of tender evaluation and for determining compliance with the Contract requirement concerning this Mandatory Monthly Wage, the number of working days plus paid rest days shall be deemed as 31 days regardless of the actual number of days in the relevant month.

Note 3: It is a requirement of the Contract that the proposed hourly wage shall not be less than the minimum hourly wage for the time being prescribed in the Minimum Wage Ordinance (Cap. 608) which is HK$34.5 as at the date of this Invitation of Tender and may be subject to revision from time to time (“Mandatory Wage Rate”).

(c) For the purposes of the evaluation, if the monthly wage or equivalent wage rate

proposed by the Tenderer in respect of a Security Supervisor or Security Guard is less than Mandatory Monthly Wage or the Mandatory Wage Rate, or if the Contractor has failed to submit any proposal on the monthly wage, that Tender will be evaluated nevertheless but the proposed monthly wage or wage rate will be deemed to be not less than the Mandatory Monthly Wage or the Mandatory Wage Rate respectively.

(d) The Government may at any time before the tender exercise is completed request the Tenderer to confirm its abidance by the Mandatory Monthly Wage or the Mandatory Wage Rate. Should the Tenderer refuse to or otherwise fail to confirm such abidance, the Tenderer will not be further considered by the Government.

11. Basis of Acceptance (a) The Tenderer must offer to perform the whole of the Contract. A tender with only

partial offers will not be considered.

(b) Subject to other provisions in these Terms of Tender, the tender that has achieved the highest combined score after undergoing the tender evaluation mentioned in Clause 7 above will normally be recommended for acceptance.

(c) The Government is not bound to accept the lowest or any tender or to give any reasons for doing so. The Government reserves the right to accept all or any part of any tender at any time within the Tender Validity Period.



(d) Notwithstanding anything herein to the contrary, the Government will only award the

Contract to the Tenderer who meets the following criteria – i. the Government is of the opinion that the Tenderer is fully capable of undertaking

the Contract; and ii. the Government considers that, in terms of the evaluation criteria specified in the

Tender Documents, the tender is or appears to be the most advantageous one to the Government.

(e) Award of contract shall be subject to the recommended Tenderer not being subject to

any new debarment period under Clause 17, and not having obtained any conviction or three (or more) demerit point specified in Annex B under the heading “Stage 2 – Essential Requirement Assessment” in respect of the period from the Tender Closing Date to the date of the letter or fax of acceptance. The recommended Tenderer will receive as an indication of acceptance a fax or a letter of acceptance prior to the receipt of the duplicate copy of the contract document with the "Memorandum of Acceptance" part duly completed. This fax or letter of acceptance shall constitute a binding Contract. Tenderers who do not receive any notification within the validity period of their offer shall assume that their tenders have not been accepted.

12. Negotiations The Government reserves the right to negotiate with all or any of the Tenderer(s) about the terms of their tenders and the terms and conditions of the Contract.

13. Saving The Government Representative is not bound to accept the lowest or any tender (whether

conforming or non-conforming) and reserves the right to accept all or any part of any tender at any time within the period mentioned in Clause 11 hereof. Without prejudice to the generality of the foregoing, and other parts of the Tender Document, the Government may require a Tenderer who, in the sole and absolute opinion of the Government, has submitted unreasonably low price, to provide all such information and documents to justify and demonstrate to the reasonable satisfaction of the Government that such a Tenderer is capable of carrying out and completing the Contract at the quoted price. Failing to so justify and demonstrate to the Government’s reasonable satisfaction would entitle the Government to reject the tender and award the Contract to another Tenderer in exercise of its power under Clause 11(d) of these Terms of Tender.

14. Tenderer's Response to the Department's Enquiries Subject to the other provisions of these Terms of Tender, if the Government considers that: (a) clarification of any tender is necessary; or (b) save for Part 4 of the Tender Form, Schedule 2, or the plans required in Schedule 6, or

Table 1 of Annex C, certain document or information or proposal is missing in the tender,

it may, but is not obliged to, request the Tenderer concerned to make the necessary clarification, or submit the missing document or information or proposal. The Tenderer shall thereafter within five (5) working days or such other period as specified in the request submit such clarification, information or document or proposal in the form provided. Tenders may not be considered if the requested item is not provided as required by the deadline specified in the request, or in the case of clarification, the clarification provided is not acceptable to the Government. As an alternative to seeking clarification or submission, the Government may, depending whether or not the missing item is required to determine if the Tenderer complies with the Essential Requirements set out in Annex B, disqualify the tender, or proceed to evaluate the tender on and as is basis.



15. Complaints About Tendering Process or Contract Awards The tendering process is subject to internal monitoring to ensure that contracts are awarded properly and fairly. Any Tenderer who feels that his offer has not been fairly evaluated may write to the Director of Agriculture, Fisheries and Conservation who will personally examine the complaint and refer it to the approving authority/relevant tender boards for consideration if it relates to the tendering system or procedures followed. The Tenderer should lodge the complaint within three (3) months after the award of Contract.

16. Contract Deposit (a) The successful Tenderer must pay the Contract Deposit either by cheque, cashier’s

order or in the form of a banker’s guarantee. Each Tenderer should state clearly in Annex C the method of providing the Contract Deposit. If the successful Tenderer fails to do so, it will be regarded to have undertaken to pay the Contract Deposit to the Government by cheque or cashier’s order.

(b) If the Estimated Contract Sum payable by the Government to the successful Tenderer exceeds HK$1.43 million but is less than or equals to HK$15 million, as security for the due and faithful performance of the Contract by the successful Tenderer, the successful Tenderer must deposit with the Government a Contract Deposit equivalent to 2% of the Estimated Contract Sum pursuant to Clause 17 of the Special Conditions of Contract.

(c) If the successful Tenderer elects to pay the Contract Deposit by way of a banker’s

guarantee, the banker’s guarantee must comply with the following:

(i) it must be issued by a bank that holds a valid banking licence granted under the Banking Ordinance (Chapter 155 of the Laws of Hong Kong) and acceptable to the Government;

(ii) unless otherwise agreed by the Government, it must be on the terms set out at

Annex F; and (iii) the banker’s guarantee must come into effect on the date of commencement of the

Contract Period unless another date is specified in the fax or letter of acceptance. (d) The Contract Deposit, whether paid by way of cheque, cashier’s order or banker’s

guarantee will be returned to the Contractor or released in accordance with the Contract.

17. Declaration of Conviction of Offences and information to be submitted (a) A tender will not be considered for a period of five (5) years from the date of conviction

(hereinafter referred to as “debarment period”) if during the period from1 May 2006 to the Tender Closing Date, the Tenderer has obtained any convictions under any of the following Ordinances (hereinafter referred to “relevant Ordinances”): (i) the Employment Ordinance (Cap. 57) and/or the Employees’ Compensation

Ordinance (Cap. 282), convictions of which individually carries a maximum fine corresponding to Level 5 or higher within the meaning of Schedule 8 to the Criminal Procedure Ordinance (Cap. 221);

(ii) section 17I(1) of the Immigration Ordinance (Cap. 115); (iii) section 89 of the Criminal Procedure Ordinance (Cap. 221) or section 41 of the

Immigration Ordinance (Cap. 115); (iv) section 38A (4) of the Immigration Ordinance (Cap. 115); and (v) section 7, 7A or 43E of the Mandatory Provident Fund Schemes Ordinance (Cap.

485). A revised debarment period will only be applicable for the purpose of evaluation for this



tender if it is determined by the Central Tender Board under the established review mechanism on or before the day before the Tender Closing Date. For the purpose of this tender, the revised debarment period will become invalid from the date on which the Tenderer has obtained a new conviction under any of the provisions of the relevant Ordinances subsequent to the Central Tender Board’s decision to reduce or revise its debarment period for a previous conviction and the tender offer submitted by the Tenderer shall not be considered for a period of five years from the date of the Tenderer’s latest conviction. For details of the review mechanism, please visit the homepage of the Treasury Branch of the Financial Services and the Treasury Bureau at http://www.fstb.gov.hk/tb/en/government-procurement.htm. Note: (1) For the purpose of Clause 17(a), if the Tenderer is a partnership, conviction

obtained by any participant of the partnership will also be counted. (2) The Tenderer shall submit a statement of either “all convictions” or “no conviction” in

respect of the relevant offences under the relevant Ordinances and the dates of all such convictions during the period from 1 May 2006 to the Tender Closing Date and give consent and authorization to the Government to check with the relevant authorities the conviction records in the form as shown in Annex C. A statement shall be submitted in respect of the Tenderer or each participant of the partnership as applicable. For avoidance of doubt, for the purpose of this Clause participant means the company participating in the partnership. The statement shall be certified by an authorized person of the Tenderer who is duly authorized by the Tenderer to execute contracts with Government. Convictions shall be counted irrespective of whether they are obtained in respect of a government or private business contract and irrespective of the type of services offered under the contract. Convictions shall be counted by the number of summonses convicted. Tenderer’s convictions of the relevant offences under appeal or review will still be counted for the purpose of tender evaluation. If a Tenderer is found to have made a false declaration or untruthful revelation of, including but not limited to, its record of convictions of offences under the relevant Ordinances, the Government may, without prejudice to any other rights which it has or may have, refuse to further consider its tender or terminate forthwith the Contract.

(b) A Tenderer must, as at the tender closing date, not be debarred from submitting a bid for

this contract due to its having accumulated, over a rolling period of 36 months, an aggregate of three or more Demerit Points obtained on or after 1 May 2006 from one or more Government bureaux/departments for its non-compliance with the contractual obligations in respect of wages, daily maximum working hours, signing of standard employment contracts and wage payment by means of autopay (payment by cheque is only allowed upon termination of employment contract and is made at the request of the worker concerned) to non-skilled workers (except temporary leave relief of employment period not longer than 7 days) employed for the carrying out of service contracts with the Government. Note: (1) A default notice would be issued to the Tenderer concerned for each breach of

those contractual obligations set out in Clause 4(c) above. Each default notice would attract one Demerit Point.

(2) If a Tenderer has accumulated, over a continuous period of 36 months, an aggregate of 3 or more Demerit Points on or after 1 May 2006 from one or more Government bureaux / departments for its non-compliance with those contractual obligations as set out in Clause 4(c) above, the Tenderer is debarred from tendering for this Contract for a period of 5 years from the date the 3rd Demerit Point is obtained. Any tender submitted by a Tenderer who is so debarred from tendering for this Contract will not be considered.



(3) Demerit Points under appeal will still be counted for the purpose of debarment until it is overruled by the appeal panel set up by the procuring Government department concerned.

18. Consent to Disclosure (a) The Government shall have the right to disclose to the public whenever it considers

appropriate or upon request by any member of the public (who may have been a Tenderer), without any further reference to the successful Tenderer or any other Tenderer, the Tender Documents, the Tender Closing Date, particulars of the Contract, the date of award, the name and address of the successful Tenderer, description of services and the contract amount.

(b) Nothing in Clause 18(a) shall prejudice the Government’s power to disclose any information of whatsoever nature relating to the Invitation to Tender and the tenders received, whether or not specified in Clause 18(a) if the disclosure are under any one of the following circumstances: (i) the disclosure is made to any Public Officer or Public Body or any other person

employed, used or engaged by the Government (including its advisers and consultants);

(ii) the information disclosed is already known to the recipient; (iii) the information disclosed is already in the public domain; (iv) the disclosure is required pursuant to any law of Hong Kong or an order of a court

of Hong Kong or a tribunal with competent jurisdiction; or (v) the disclosure is made with the prior written consent of that Tenderer.

(c) The Tenderer shall consent by submitting a tender, to release, and shall procure each of its shareholders upon request of the Government will release, to the Government Representative or his authorised officer of information relating to the convictions, if any, in respect of the offences under the Employment Ordinance (Cap. 57), the Employees’ Compensation Ordinance (Cap. 282), the Mandatory Provident Fund Schemes Ordinance (Cap. 485), the Immigration Ordinance (Cap. 115) and Section 89 of the Criminal Procedure Ordinance (Cap. 221). The Tenderer authorise, and shall procure each of its shareholders will authorise, the Government Representative or his authorised officer to obtain such information from any person.

19. Personal Data Provided (a) The personal data of any individual contained in the tender submitted by a Tenderer

(collectively, “personal data”) will be used for the purposes of this Invitation to Tender, and all other purposes arising from or incidental to this Invitation to Tender including without limitation for the purposes of tenders evaluation, contract award, and resolution of any dispute arising from this Invitation to Tender.

(b) By submitting a tender, a Tenderer is regarded to have agreed to, and to have obtained

from each individual referred to in (a) above his consent for the disclosure to and use and further disclosure by the Government for the personal data contained in the tender submitted by the Tenderer for the purposes set out in Clause 19(a).

(c) An individual to whom the personal data belongs and a person authorized by him have

the right of access and correction with respect to personal data as provided for in sections 18 and 22, and Principle 6 of Schedule 1 of the Personal Data (Privacy) Ordinance (Cap. 486). The right of access includes the right to obtain a copy of the individual’s personal data provided in a tender.

(d) Enquiries concerning the personal data collected by means of this Invitation to Tender,

including the making of access and correction, should be addressed to Personal Data



Privacy Officer (Deputy Secretary (General)) of the Department.

20. Contractors’ Performance Monitoring Tenderers are advised that should a Tenderer be awarded the Contract, its subsequent performance of the Contract will be monitored and may be taken into account by the Government when its future tenders for other Government contracts are evaluated by the Government.

21. Government Discretion (a) Notwithstanding anything to the contrary in the Tender Documents, where there are any

changes of requirement after the Tender Closing Date for operational or whatever reasons, the Government reserves the right to cancel this Invitation to Tender, and not award the Contract.

(b) After cancellation pursuant to sub-clause (a) above, if and when it considers fit, the

Government reserves the right to re-issue an Invitation to Tender on such terms and conditions as the Government considers appropriate.

(c) Notwithstanding anything to the contrary in the Tender Documents, the Government

reserves the right to disqualify a Tenderer on any of the following grounds: (i) if a petition is presented or a proceeding is commenced or an order is made or a

resolution is passed for the winding up or bankruptcy of the Tenderer; or (ii) in the sole judgment of the Government, the Tenderer is not considered fit and

proper to perform the Contract; or (iii) if a false, inaccurate or incomplete statement or representation or forged document

is contained in the tender for this Invitation to Tender or in any other tender submitted by the Tenderer in response to another Invitation to Tender of the Government anytime prior to the Tender Closing Date or anytime between the Tender Closing Date and the award of the Contract, or a promise or a proposal is made in the tender for this Invitation to Tender knowingly or recklessly that the Tenderer will not be able to fulfil or deliver such promise or proposal; or

(iv) if a claim is made alleging, or the Government has grounds to believe that some products or materials to be supplied or recommended by the Tenderer under its tender infringe or will infringe any Intellectual Property Rights of any party; or

(v) if at any time during a period of twenty-four (24) months prior to the original Tender Closing Date until the date of constitution of the Contract (both dates inclusive), the Tenderer or a related person of the Tenderer was in default of its material obligation(s) under any other contract for provision of goods and/or services awarded by the Government.

(d) For the purpose of sub-clause (c) above:

(i) if the Tenderer is a company, the expression “related person” of the Tenderer includes any one of the following: a shareholder (corporate or individual) which directly or indirectly beneficially

owns 50% or more of the issued share capital of the Tenderer (“majority shareholder”);

a holding company or a subsidiary of the Tenderer; a holding company or a subsidiary of a majority shareholder of the Tenderer; a company in which a majority shareholder (being an individual) of the

Tenderer directly or indirectly beneficially owns 50% or more of its issued share capital or controls (directly or indirectly) the composition of its board of directors; and

the expressions “holding company” and “subsidiary” have the meanings given to them in the Companies Ordinance (Chapter 622 of the Laws of Hong Kong).

(ii) if the Tenderer is a sole proprietor or partnership, the expression “related person”



includes any one of the following: any partner of the Tenderer (if it is a partnership); the spouse, parent, child, brother or sister of the Tenderer or any partner of the

Tenderer, and, in deducing such a relationship, an adopted child shall be deemed to be a child both of the natural parents and the adopting parent and a step child to be a child of both the natural parent and of any step parent; or

a company in which the Tenderer or any partner of the Tenderer beneficially, directly or indirectly owns 50% or more of its issued share capital or controls (whether directly or indirectly) the composition of its board of directors.

22. Documents of Unsuccessful Tenderers Documents of unsuccessful Tenderers shall be retained by the Government for a period of not

less than three (3) months after the Contract has been executed and may be destroyed thereafter.

23. Costs of Preparing the Tender Under no circumstances whatsoever (including without limitation the cancellation of this

Invitation to Tender by the Government) shall the Government be responsible for or liable to any Tenderer for any cost or expense incurred or arising from (i) the preparation, submission or presentation of a tender; (ii) the explanation or clarification of a tender; or (iii) any communication between a Tenderer and the Government.

24. Offers to be Binding (a) All parts of the Tender Documents submitted and offered by the Tenderer will be binding

on the Tenderer will, if and to the extent accepted by the Government, and subject to such changes as the Government may stipulate in exercise of its power under the Tender Documents or as the parties may agree, form part of the Contract if the Contract is awarded to that Tenderer. By submitting a tender, the Tenderer is deemed to have satisfied itself as to the correctness of its tender. In the event if before the Tender Closing Date, a Tenderer discovers an error in its tender after the tender has been deposited, the Tenderer may correct the same by a separate letter before the Tender Closing Date, but not thereafter. No request for amendment, adjustment or variation whatsoever will be allowed or entertained after the Tender Closing Date.

(b) Should it be found on examination by the Government after the Tender Closing Date

that a Tenderer has made a genuine unintentional error in the figures stated in its tender that may have a significant effect on the tender, further clarification may be sought by the Government pursuant to Clause 14.

25. Offering Gratuities The Tenderer shall not and shall ensure that his agents and employees shall not offer or give any advantage as defined in the Prevention of Bribery Ordinance (Cap. 201) to any agent or employee of the Government. Any breach of or non-compliance with this Clause by the Tenderer shall, without affecting the Tenderer's liability for such breach or non-compliance, invalidate his tender.

26. Tender Addenda The Government may issue addendum to the terms and conditions set out in the Tender

Document. In the case of an addendum after the Tender Closing Date, Tenderers may be asked to confirm acceptance of the addendum, failing with their tenders may be considered.



27. Briefing Session and Site Visit A tender briefing session and site visit will be held from 10:00am to 12:00noon, on 27 October 2017 at Hong Kong Wetland Park, Tin Shui Wai, N.T. All Tenderers who wish to submit a bid in this Tender are strongly recommended to attend this briefing session and the site visit. Tenderers who would like to attend the briefing session and site visit should complete the reply slip attached at Annex A and send back on or before 25 October 2017 to Wetland Park Senior Supervisor (Operation) to register (Fax no.: 2617 1158). Each Tenderer may nominate not more than two representatives for the briefing session and the site visit.

28. Enquiries (a) Enquiries from Tenderers before the Tender Closing Date concerning the Tender

Document, technical specification, Schedules, tender briefing session and/or site visit shall be made in writing and be addressed to: Wetland Park Manager (Operation) Agriculture, Fisheries and Conservation Department, Hong Kong Wetland Park Wetland Park Road, Tin Shui Wai, New Territories. (Fax No. : 2617 1158)

(b) Tenderers shall note that after the Tender Closing Date and before the award of the contract, they shall not attempt to initiate any contact, whether direct or indirect, with the Government on matters relating to the Tender Document or their submitted tenders. Any Tenderer who fails to observe this requirement may render its tender being disqualified. The Government reserves the sole right to initiate any contact with Tenderers and all such contacts and subsequent responses from Tenderers shall be made in writing.

(c) Unless otherwise expressly stated by the Government, any statement, whether oral or

written, made and any action taken by any Government officer in response to any enquiry made by a prospective Tenderer shall be for guidance and reference purposes only. The statement shall not be deemed to form part of these Terms of Tender and such statement or action shall not be deemed to amplify, alter, negate, waive or otherwise vary any of the terms or conditions as set out in these Terms of Tender or the General or Special Conditions of Contract.

29. Disqualification of Tenders (a) The Government reserves the right to disqualify any Tenderer who submits a tender that

directly or indirectly attempts to preclude or limit the effect of any provisions of these Terms of Tender.

(b) Without prejudice to other provisions of this tender, the Government reserves the right to

exclude a Tenderer for further consideration of the tender if any of the events specified in Clause 24(c) or (e) of the General Conditions of Contract in relation to the Tenderer takes place after the Tender Closing Date. References to “the Contractor” in Clause 24(c) and (e) of the General Conditions of Contract shall for this purpose be deemed to be references to the Tenderer.

30. Warranty against Collusion (a) By submitting a tender, the Tenderer represents and warrants that in relation to this

Invitation to Tender: (i) it has not communicated and will not communicate to any person other than the

Government the amount of any price quoted or any pricing information submitted in



its tender; (ii) it has not fixed and will not fix the price or any part thereof by agreement or

arrangement with any person; (iii) it has not made and will not make any agreement or arrangement with any person

as to whether it or that other person will or will not submit a tender; and (iv) it has not otherwise colluded and will not otherwise collude with any person in any

manner whatsoever in the tender.

(b) In the event that the Tenderer is in breach of any of the representations and/or warranties in Clause 30(a), the Government shall be entitled to, without compensation to any person or liability on the part of the Government: (i) reject the Tenderer’s tender; (ii) if the Government has accepted the tender, revoke its acceptance of the tender;

and (iii) if the Government has entered into the Contract with the Tenderer, terminate the

Contract.

(c) The Tenderer shall indemnify and keep indemnified the Government against all losses, damages, costs or expenses arising out of or in relation to any breach of any of the representations and/or warranties in Clause 30(a).

(d) Any breach of any of the representations and/or warranties in Clause 30(a) by the

Tenderer may be taken into account in any future tenders invited by the Government and may prejudice the Tenderer’s future standing as a Government contractor in future Government tenders.

(e) Clause 30(a) shall have no application to the Tenderer’s communications in strict

confidence with its own insurers or brokers to obtain an insurance tender for computation of the tender price, or with its professional advisers or consultants to solicit their assistance in preparation of its tender.

(f) The rights of the Government under Clause 30(b) to 30(d) are in addition to and without

prejudice to any other rights or remedies available to the Government against the Tenderer.



BLANK PAGE


Part 2 – General Conditions of Contract

PART 2 GENERAL CONDITIONS OF CONTRACT

CONTENT

1. Contract Period

2. Total Services and Variation

3. Quality of Services

4. Payment for Services

5. Government Property

6. Government Premises

7. Set-off

8. Assignment

9. Sub-contracting

10. Liability and Indemnity

11. Policy of Insurance and Compensation

12. Corrupt Gifts

13. Release of Information

14. Confidentiality of Information

15. Publicity

16. Governing Law

17. Time is of Essence

18. Compliance with Laws and Regulations

19. Contracts (Rights of Third Parties) Ordinance

20. Notice to be Written in English and Chinese

21. Services of Notices

22. Severance

23. Amendments and Order for Variation

24. Termination of Contract

25. Effect of Termination

26. Entire Agreement

27. Force Majeure

28. Order of Precedence



PART 2 GENERAL CONDITIONS OF CONTRACT

1. Contract Period

(a) Subject to the other provisions of the Contract, this Contract shall be for a period of 36 months. The Contractor shall provide the Services to the Government for the period commencing 7:00 am on 1 May 2018 and expiring 7:00 am on 1 May 2021, both dates inclusive, and is subject to such sooner determination or extension as is provided for in this Contract.

(b) The Government reserves the right to extend the Contract, subject to satisfactory

performance of the Contractor, for twenty-four (24) months or such other period as the Government deems fit on the same terms and conditions by giving notice to the Contractor no later than two (2) months before the expiry of the Contract. The extended Contract shall commence immediately after the expiry of the original Contract Period.

(c) Upon the Government exercises it’s right to extend the Contract pursuant to Clause 1(b),

the Contract shall be deemed to have been extended for the period mentioned in the notice given by the Government pursuant to Clause 1(b) on the same terms and conditions (including Clause 1(b)). If the extended period (or any part thereof) falls within the summer season, the terms and rates applicable to the summer season in the last 12 months of the original Contract Period shall apply to the extended period or such part thereof (as the case may be). If the extended period (or any part thereof) falls within the winter season, the terms and rates applicable to the winter season in the last 12 months of the original Contract Period shall apply to the extended period or such part thereof (as the case may be).

(d) Notwithstanding anything herein to the contrary, the Government may without cause

terminate the Contract (whether during the original Contract Period or the extended Contract Period) by serving at least three (3) months’ prior written notice on the Contractor to that effect.

2. Total Services and Variation (a) The Services to be performed under the Contract shall include those as laid down in the

Schedules and Special Conditions of Contract and shall be carried out, as and when required, to the satisfaction of the Inspecting Officer. All instructions or directions shall be issued in writing and Government will not be responsible for any service performed on oral instructions issued by any person whomsoever.

(b) The Contractor shall not extend the Services beyond the requirements specified in the

Schedules and Special Conditions of Contract except as directed in writing by the Government Representative; but the Government Representative may, subject to the provisions hereinafter contained, at any time during the Contract Period by seven (7) days notice in writing direct the Contractor to alter, amend, omit, add to, or otherwise vary any of the Services and the Contractor shall carry out such variations, and be bound by the same conditions, so far as are applicable, as though the said variations were stated in the Contract.

(c) Provided that no such variation shall, except with the consent in writing of the Contractor, involve a net addition to or deduction from the Contract price of more than twenty (20) percent unless otherwise mutually agreed by the Contractor and Government.

(d) Where a variation has been made to the Contract the amount to be added to or deducted from the Contract price in accordance with that variation shall be determined in



accordance with the Rates so far as the same may be applicable and where rates are not contained in the said Schedules, or are not applicable, such amount shall be such sum as is reasonable in the circumstances.

(e) Due account shall be taken of any partial execution of the Services which are rendered useless by any such variation.

3. Quality of Services (a) The Services shall include those as specified in the Schedules and Special Conditions

of Contract and shall fulfill all the conditions and terms of the Contract, and any drawings and specifications (if any) from time to time supplied to the Contractor by the Government Representative.

(b) Any drawings and specifications reasonably required for the Contractor’s guidance in

the execution of the Contract shall be provided by Government Representative free of charge but shall be returned on completion of the Contract.

4. Payment for Services (a) If the Contractor has performed all Services in accordance with terms and conditions of

the Contract to the satisfaction of the Government and the Contractor has provided to the Government Representative a monthly statement, in form of as that provided in Annex E, certified by a certified public accountant (practicing) a corporate practice registered under the Professional Accountants Ordinance (Cap. 50), to substantiate that all its Security Staff for this Contract have been paid no less than the wages specified in Clause 15(a) of the Special Conditions of Contract and contributions have been made for all the Security Staff in accordance with the Mandatory Provident Fund Schemes Ordinance (Cap. 485) to the satisfaction of the Government Representative, the Government shall pay the Contractor the Monthly Payment in accordance with the sub-clause (b) below. All expenses in connection with the appointment and employment of the auditors/accountants shall be borne by the Contractor, no separate payment for this will be made. The cost shall be deemed to be included in other items in the Contract.

(b) Provided that in relation to each month of the Contract Period, the Contractor shall have

performed all Services in accordance with the Contract and that the Inspecting Officer has so certified that in writing, the Government shall pay to the Contractor the Monthly Payment in arrears for that month for the Services actually performed based on the Rates specified in Part 1 of Schedule 2 subject to any payment discount or deductions provided for in the Contract and in the manner hereinafter provided. As specified in Part 1 of Schedule 2, the amount of Monthly Payment stated therein is for reference only. Payment will be made direct to the Contractor's bank account the particulars of which shall be supplied to the Government Representative in Schedule 7 or prior to the commencement of the Contract.

(c) Monthly invoice shall be sent at the end of each Month of the Contract Period by the

Contractor to the Government Representative in accordance with sub-Clause (d) or as otherwise directed by the Government Representative. Notwithstanding anything herein to the contrary, payment of the Monthly Payment in respect of each month of the Contract Period shall be made within one month after the receipt of invoice, or upon certification by the Inspecting Officer that the Services have, in all respects, been performed in accordance with the terms and conditions of the Contract and to the satisfaction of the Government Representative, whichever is later.

(d) Unless the Government Representative otherwise notifies in writing, all invoices and



correspondence concerning payment shall be addressed to the offices as detailed below. The Government Representative shall not be liable for any delay in payment if invoices and correspondence are not so addressed.

Contact Person/Post and Contact Tel. No.

Address for Receiving the Invoice

Wetland Park Manager (Operation) Tel No.: 2617 5115 Fax no.: 2617 1158

Hong Kong Wetland Park Wetland Park Road, Tin Shui Wai, New Territories.

(e) Without prejudice to any rights or remedies the Government may have, the Government

shall be entitled to offset or deduct from the Monthly Payment any monies which the Contractor may owe to the Government and claim for any outstanding balance from the Contractor.

(f) Apart from the Monthly Payment, under no circumstances whatsoever will the

Government be liable to pay to the Contractor or any other person any money. The Government will not reimburse or compensate the Contractor for all or any costs, expenses, losses and liabilities which may be incurred or suffered by the Contractor in undertaking the Services, irrespective of location in which the Services have to be discharged. All things done by the Contractor shall be deemed as things which the Contractor is required to do for performing the Services, and be compensated for in the form of the Monthly Payment only. All vehicles, vessels and equipment, all materials and all labour used and hired by the Contractor for performing the Services will be provided by the Contractor at its sole cost.

5. Government Property If any Government property shall be issued to the Contractor under the Contract, the Contractor shall be responsible for the due return of all such property upon termination of the Contract or upon the first written demand of the Government at any time during the Contract Period. If any such property is lost or damaged from any cause whatsoever while in the possession or control of the Contractor, the Contractor Personnel or any his sub-contractors, employees or agents, the Contractor shall forthwith repair (in the case of damage) or replace the property (in the case of loss) with another in the same or better condition, brand, model, quantity and quality to the satisfaction of the Government Representative at the Contractor’s own cost. A count of the articles or material in the possession of the Contractor may be made at any time by the Government Representative and the Contractor shall render such assistance as is necessary for this purpose.

6. Government Premises (a) The Contractor shall ensure that all persons engaged by him in carrying out the Contract

keep to such parts of Government premises as are necessary for the due discharge of the Contractor’s obligations under the Contract.

(b) The safety of any facilities, tools, material, equipment, vehicle and other assets used by

the Contractor and brought alongside or onto Government premises shall be the responsibility of the Contractor, who shall indemnify the Government in respect of any loss or damage to such Government premises.

7. Set-off If any sum of money shall be due or payable from the Contractor to the Government under the Contract, the same may be deducted from or set off against any sum then due or payable or which at any time thereafter may become due or payable to the Contractor by the Government under the Contract or any other contract with the Government.



8. Assignment The Contract is personal to the Contractor. The Contractor shall not, without the prior written consent of the Government Representative, assign or transfer or otherwise deal with the Contract or any of its rights or obligations thereunder.

9. Sub-contracting (a) The Contract shall be personal to the Contractor who shall have complete control of the

Services and shall efficiently direct and supervise the performance of the Services to the full extent of its ability and with its full attention.

(b) The Contractor shall not sub-contract all or any part of the Services except with the prior

written approval of the Government. Without prejudicing the absolute discretion of the Government in considering whether or not to give approval, the Government’s approval will normally only be granted in case of an emergency or under special circumstances.

(c) An application to the Government Representative for his approval of any proposed

sub-contract to be made by the Contractor shall be accompanied with the particulars of the proposed sub-contractor, the Contractor’s reasons for the proposed sub-contracting, and a draft of the sub-contract. Without prejudice to sub-Clause (b) above specifying the restricted circumstances under which an approval may only be given, the Government Representative may stipulate as a condition to his approval, such other terms and conditions to be set out in the sub-contract as the Government Representative in his absolute discretion considers appropriate, and take into account the matters mentioned in sub-clause (d) below. In addition, the sub-contract must contain provisions to the same effect as Clause 15 (i) and (j) of the Special Conditions of Contract. The Contractor shall within three (3) days after receiving a written approval of the Government, and the signing of the sub-contract in the form and substance approved by the Government Representative provide the Government Representative with a certified true and complete copy of such sub-contract, and shall not without the prior written consent of the Government Representative, propose to amend or accept any proposal to amend the sub-contract.

(d) Without prejudice to the above sub-Clauses, the Government Representative will take

into account the conviction records of, and Demerit Points received by, the proposed sub-contractor and apply the same essential requirements in Stage 2 evaluation of the Marking Scheme in Annex B to the Tender Document in considering whether or not to approve a sub-contracting proposal pursuant to Clause 9(b) above.

(e) The Contractor shall remain fully responsible for the performance of the Services and

shall not be relieved from any of its obligations under the Contract by entering into any sub-contract for the performance of any part of the Contract and the Contractor shall be fully liable for all acts, omissions, defaults and neglect of any sub-contractor, its employees and agents as if they were its own.

10. Liability and Indemnity (a) Neither the Government nor any of its employees, agents and sub-contractors shall be

liable in any way for or in respect of : (i) any loss of or damage to any property of the Contractor, any Contractor Personnel

or any of the employees, agents or sub-contractors of the Contractor, howsoever caused whether by any act, omission, default or Negligence of the Government or any of its employees or agents or otherwise; or

(ii) any injury to or death of any of the Contractor Personnel or the Contractor’s employees, agents or sub-contractors, save and to the extent any such injury or death is caused by the Negligence of the Government or any of its employees or



agents (in which case the Government will be liable or vicariously liable for any such injury or death).

(b) Without prejudice to sub-Clause (a) above, the Contractor shall indemnify the

Government and keep the Government fully and effectively indemnified from and against (1) all and any claims (whether or not successful, compromised or settled), actions, proceedings, threatened, brought or instituted against the Government; and (2) all liabilities (including liability to pay compensation or damages), damages, costs, losses, charges and expenses (including the fees payable to all lawyers and expert witnesses and other costs and expenses, on a full indemnity basis, which the Government may pay or incur in initiating or defending any claim, counter-claim, action or proceeding), (3) any awards and costs which ordered by the court or as may be agreed to be paid in settlement of any procedures, which in any case arise directly or indirectly from, or in connection with, or out of, or which relate in any way to: (i) the omission, negligence, recklessness or willful misconduct of the Contractor, any

Contractor Personnel or any employees, agents or sub-contractor of the Contractor; (ii) the failure of the Contractor, any Contractor Personnel or any employee, agent or

sub-contractor of the Contractor to comply with or observe any terms or conditions of this Contract;

(iii) any warranties or representations made by the Contractor in this Contract or from time to time to the Government during the continuance of this Contract being untrue or inaccurate;

(iv) failure of the Contractor, any Contractor Personnel or any employee, agent or sub-contractor of the Contractor to comply with or observe any law and regulation in the performance of the Services;

(v) any act or omission of the Contractor, any Contractor Personnel or any employee, agent or sub-contractor of the Contractor in the performance of the Services notwithstanding that the Contractor is authorised or obliged to do or commit any such act or omission under this Contract;

(vi) any loss, damage, injury or death referred to in sub-Clause (a) above save and except injury or death caused by the Negligence of the Government or any of its employees or agents; or

(vii) any injury or death of any third party, or any loss of or damage to property sustained by any third party, in consequence of any act, omission, default or negligence of the Contractor or any of its employees, agents or sub-contractors.

(c) For the purposes of sub-Clause (a) and sub-Clause (b)(vi) above, but not otherwise

‘Negligence’ shall have the same meaning given to it in Section 2(1) of the Control of Exemption Clauses Ordinance (Cap. 71) of the Laws of Hong Kong. Each of sub-Clauses (b)(i) to (b)(vii) above shall be construed independently and shall not be limited or restricted by reference to or inference from the terms of any other sub-Clauses.

11. Policy of Insurance and Compensation (a) The Contractor shall effect and keep in force during the Contract Period at his own

expense a public liability insurance policy exclusively for this Contract in the joint names of the Government and the Contractor (with appropriate cross-indemnity clause as if a separate policy had been issued to each of them) subject to a limit of indemnity of not less than HK$10 million for any one event but otherwise unlimited with a reputable insurance company authorised under the Insurance Companies Ordinance (Cap. 41) and on such terms and conditions as shall be approved by the Government Representative against liability to pay damages and compensation for injury to or death of any person and for loss or damage to any properties whatsoever where such injury, death, loss or damage as the case may be caused or arose out of any act, omission, default or negligence of the Contractor or the Government Representative or their



respective employees, agents or sub-contractors (notwithstanding any such act or omission was an act or omission which the Contractor may be authorised or obliged to do under this Contract) (“Public Liability Insurance Policy”). The Public Liability Insurance Policy shall provide that the insurance company will waive all claims of sub-rogation which it may otherwise have against the Government as a co-insured.

(b) If the Public Liability Insurance Policy provides that the payment of a certain amount of

compensation shall be borne by the insured parties, the Contractor shall be solely responsible for such payment and shall reimburse the Government Representative forthwith if the Government Representative shall be required to make such payment.

(c) The Contractor shall keep the Public Liability Insurance Policy in force during the

continuance of this Contract and shall submit to the Government Representative upon award of this Contract two copies of the said Policy together with the receipt for payment of the current premium.

(d) The Contractor is responsible to lodge all claims with the said insurance company and

shall deal with the said company upon receipt from the Government Representative or otherwise of a report on any injury, death, loss or damage.

(e) If the Contractor fails to effect and keep in force the Public Liability Insurance Policy or

any other insurance which it may be required to effect under the terms of the Contract then and in any such cases the Government may effect and keep in force any such insurance and pay such premium or premiums as may be necessary for that purpose and from time to time deduct the amount so paid by the Government as aforesaid from any monies due or which may become due to the Contractor or recover the same as a debt due from the Contractor.

(f) The Contractor undertakes to maintain the employees’ compensation insurance policy in

compliance with Section 40 of the Employees’ Compensation Ordinance (Cap. 282) of the Laws of Hong Kong throughout the continuance of the Contract.

(g) The Contract undertakes to maintain: (1) motor vehicle insurance in respect of all

vehicles used in or in connection with the performance of the Services for their full reinstatement costs for the time being (if any); and (2) an insurance policy in full compliance with the Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap. 272) in respect of all such vehicles (if any).

(h) In the occurrence of any event which gives rise to liability from which an insurer of any of

the aforementioned insurance policy indemnifies the Contractor and/or the Government subject to the terms set out therein, and regardless of whether there be a claim against the Contractor for compensation or not, the Contractor shall within seven (7) clear working days give notice in writing of such event to the Government Representative.

12. Corrupt Gifts (a) The Contractor shall prohibit the Contractor’s directors, agents, sub-contractors and the

Contractor Personnel who are involved in the Contract from offering, soliciting or accepting any advantages as defined in the Prevention of Bribery Ordinance, Cap. 201 (“advantages”), excessive hospitality, entertainment or inducement which would impair their impartiality in relation to the provision of the Services or in connection with the Contract.

(b) The Contractor shall take all necessary measures (including by way of contractual provisions, internal code or regulations and/or providing training workshops where appropriate) to ensure that their directors, agents, sub-contractors and the Contractor



Personnel are aware of the aforesaid prohibition and will not offer, solicit or accept any advantages, excessive hospitality, entertainment or inducement when conducting business in connection with the Contract.

(c) The Contractor shall, at least two (2) weeks before the commencement of the Contract Period, provide for Government Representative’s approval a code of conduct to be issued to its staff, directors, agents and sub-contractors approved by the Government under Clause 9(c) of this General Conditions of Contract prohibiting them from offering, soliciting or accepting any advantage defined under the Prevention of Bribery Ordinance (Cap. 201) in the carrying out of their duties. The Contractor shall also brief its staff, directors, agents and sub-contractors on the requirements of and the expected behaviour specified in the code of conduct.

(d) If the Contractor or any of its employee or agent of the Contractor commits an offence under the Prevention of Bribery Ordinance (Cap. 201) or any subsidiary legislation made thereunder or under any law of a similar nature in relation to the Contract or any other Government contracts, the Government Representative may, on behalf of the Government, summarily terminate the Contract, without entitling the Contractor to any compensation therefore.

(e) The Contractor shall be liable for all expenses necessarily incurred by the Government as a result of the termination of the Contract under this Clause.

13. Release of Information (a) Without prejudice to Clauses 18 and 19 of the Terms of Tender and the provision of

sub-Clause (b) of this clause, the Government may, as it deems fit, release the Contractor's bidding information contained in the Tender Document without further reference to or consent from the Contractor.

(b) The Government shall have the right to disclose to whomsoever whenever it considers

appropriate without seeking prior consent from the Contractor all information concerning or in relation to the Contract including without limitation information in relation to the employees' wages and maximum working hours, the number of employees engaged for the performance of the Contract or such other information of whatsoever nature where such disclosure is for the purpose of enforcement of the Contract.

14. Confidentiality of Information The Contractor, each Contractor Personnel and each of the Contractor’s employee, agent and sub-contractor must keep all documents and information made available or otherwise accessible to it under, in connection with, or in the course of the performance of, this Contract confidential. None of them may disclose any such document or information to any other person provided that the restrictions on disclosure contained in this Clause 14 shall not apply to the disclosure of any information:

(a) to any person employed, used or engaged by the Contractor in the conduct of the

Services in circumstances where such disclosure is necessary in the reasonable opinion of the Contractor for the performance of the Contractor’s duties and obligations under the Contract, provided that the Contractor has imposed on the said person employed, used or engaged an absolute and legally binding obligation to the Contractor to refrain from disclosing the said information to a third party;

(b) already known to the recipient other than as a result of disclosure by the Contractor or

anyone of the Contractor Personnel or their respective associates or associated persons;



(c) which is or becomes public knowledge other than as a result of disclosure by the

Contractor or anyone of the Contractor Personnel or their respective associates or associated persons;

(d) in circumstances where such disclosure is required pursuant to any laws of Hong Kong

or an order of a court of Hong Kong; or (e) with the prior consent in writing of the Government.

15. Publicity The Contractor shall submit to the Government Representative all advertising or other publicity material relating to the Contract or the products supplied or other work done in connection with the Contract wherein the Government’s name is mentioned or language used from which a connection with the Government can reasonably be inferred or implied. The Contractor shall not publish or use any advertising or other publicity material without the prior written consent of the Government Representative.

16. Governing Law The Contract shall be governed by and construed in accordance with the laws of Hong Kong and the parties hereby agree to submit to the exclusive jurisdiction of the courts of Hong Kong in relation to any matters arising out of the Contract.

17. Time is of Essence Time shall be of the essence in this Contract but no failure or delay on the part of either party to exercise or invoke any right, power or remedy under this Contract shall operate as a waiver thereof, nor shall any single or partial exercise or invocation by either party of any right, power or remedy hereunder preclude any other or further exercise or invocation thereof or the exercise or invocation of any other right, power or remedy. The rights, powers and remedies provided herein are cumulative and are not exclusive of any rights, powers or remedies provided by law.

18. Compliance with Laws and Regulations (a) The Contractor shall comply with and observe, and procure the Contractor Personnel to

comply with and observe, all applicable laws and regulations of Hong Kong, and all applicable rules and codes issued by public bodies, in the provision of the Services.

(b) Without prejudice to sub-Clause (a) and any other provisions of this Contract, the

Contractor shall at all times comply with the requirements of the Occupational Safety and Health Ordinance (Cap. 509) and its subsidiary legislation, and of any other legal provisions pertaining to the health and safety of the Contractor Personnel and other persons who may be affected by its performance of the Services.

(c) The Contractor shall operate all facilities, machineries, equipment and tools provided for

or used in the performance of the Service in compliance with the provisions of the Contract, the manufacturer's instructions or guidelines, and all applicable laws and regulations of Hong Kong, and all applicable rules and codes issued by public bodies.

(d) This Contract does not confer any exemption from any licensing requirement relating to

the performance of the Services. The Contractor shall at all times obtain and maintain all licences, permits and certificates required by the laws of Hong Kong for the provision of the Services.



19. Contracts (Rights of Third Parties) Ordinance The parties hereby declare that nothing in this Contract confers or purports to confer on any third party any benefit or any right to enforce any term of this Contract pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap. 623).

20. Notice to be Written in English and Chinese The Contractor shall display at the Park and circulate to the Contractor Personnel written notices in both English and Chinese requiring the Contractor Personnel and the members of the public to comply with rules and regulations of the Government or other competent authority.

21. Services of Notices (a) Unless otherwise provided in this Contract, every notice, request, demand, direction or

other communication under this Contract shall be made in writing, by post, by fax or by hand.

(b) Every notice, request, demand, direction or other communication given or made under

this Contract shall be sent to the relevant party at its address or fax number stated below, or to such other address or fax number which a party may have notified the other party by no less than three (3) days’ prior written notice:

Address Fax. No.

(i) the Government: Executive Director, Hong Kong Wetland Park, Agriculture, Fisheries and Conservation Department, 6/F, Cheung Sha Wan Government Offices, 303 Cheung Sha Wan Road, Kowloon, Hong Kong

2314 2802

(ii) the Contractor: As stated in Annex C As stated in Annex C

(c) Such notice, request, demand, direction or other communications addressed to the relevant party as provided in sub-Clause (b) shall be deemed to have been duly given (i) if sent by personal delivery, upon delivery to the relevant address; or (ii) if sent by post, 4 days (for any place in Hong Kong) and 7 days (for any place outside Hong Kong) after the date of posting; or (iii) if sent by fax, when dispatched (with confirmed transmission report).

22. Severance In the event that any provision contained in this Contact or any part thereof is declared or otherwise rendered invalid or unenforceable by any law, enactment or regulation promulgated in Hong Kong or elsewhere or a final judgment (by consent or otherwise) of a court of competent jurisdiction from whose decision no appeal is or can be taken, the illegal or unenforceable clause shall be deemed to be deleted from this Contract and no longer incorporated herein; but all other clauses or divisions thereof contained in this Contract shall remain in full force and effect and shall not be impaired or affected thereby from the terms of this Contract.

23. Amendments and Order for Variation (a) Notwithstanding anything herein to the contrary, and without prejudice to other

provisions of the Contract enabling the Government to stipulate variations, the



Contractor agrees and acknowledges that the Government Representative shall have the absolute power to unilaterally vary, without obtaining further consent from the Contractor, the form, quality or quantity of any labour (including the number of Security Staff required), work or materials as well as any of the specifications or requirements set out in the Schedules. A variation pursuant to this Clause shall not in any way vitiate or invalidate the Contract.

(b) The Government Representative shall give the Contractor an advance notice of not less

than fourteen (14) days to prepare for the execution of such order for variation from the Government.

(c) Save and to the extent provided for in the Contract which enables the Government to on

its own make such supplement or amendment to the terms of the Contract, no variation of the Contract shall be valid unless it is in writing and signed by or on behalf of each of the parties hereto.

24. Termination of Contract The Government shall be entitled to forthwith terminate the Contract but without prejudice to any other rights and claims which the Government has or may have (under the Contract or otherwise at law) if – (a) without prejudice to other sub-Clauses below, the Contractor: (i) fails to carry out the

whole or any part of the Services; or (ii) fails to carry out the whole or any part of the Services in accordance with the time limits specified in the Contract or in accordance with any of the requirements or specifications set out in the Contract; or (iii) fails to observe or perform any of the terms or conditions of the Contract; or (iv) fails to pay any of the sums payable by the Contractor under the Contract, and (in the case of a breach capable of being remedied but not otherwise) has failed to remedy the breach to the satisfaction of the Government Representative within 7 days (or such longer period as the Government Representative may, in its sole discretion, allow) after the issuance by the Government Representative to the Contractor of a request in writing requiring it to do so; or

(b) the Contractor persistently or flagrantly fails to carry out the whole or any part of the

Services punctually or in accordance with the terms and conditions of the Contract; or

(c) the Contractor becomes bankrupt or goes into liquidation or a petition has been filed for the bankruptcy or the winding up of the Contractor otherwise than for the purpose of a solvent reconstruction or amalgamation previously approved by the Government Representative in writing or the Contractor has become insolvent or make any composition or arrangement with creditors; or

(d) the Contractor abandons the Contract in part or in whole; or

(e) is found to have provided or supplied any incomplete, false, forged or incorrect

statement or information or document during the tendering process or from time to time during the continuance of the Contract; or

(f) any warranties or representations made or deemed to have been made by the

Contractor to the Government in the Contract or in its tender for the Contract or otherwise from time to time during the term of the Contract is untrue; or

(g) is found to have employed illegal workers in the execution of this Contract; or

(h) is convicted of any offences created under the Employment Ordinance (Cap. 57),

Mandatory Fund Schemes Ordinance (Cap. 485), Employee’s Compensation Ordinance



(Cap. 282), Immigration Ordinance (Cap. 115), Security and Guarding Services Ordinance (Cap. 460) or section 89 of the Criminal Procedure Ordinance (Cap. 221); or

(i) is found to have made a false declaration in the Tenderer's Declaration in the Tenderer’s

Declaration of Convictions at the tendering stage; or

(j) pursuant to Clause 12 above; or

(k) the Contractor or any sub-contractor of the Contractor appointed for performing the Services has received an aggregate of three (3) demerit points over a continuous period of 3 years in respect of the same contract (whether this Contract or any other Government contract) all of which are not subject to an appeal or review by the court or the appeal panel of the department concerned, or if there is an appeal or review, that such appeal or review has been dismissed.

25. Effect of Termination Upon the Contract is terminated pursuant to Clause 1(d) or Clause 24 of these General Conditions of Contract or upon expiry of the Contract: (a) the Contract shall be of no further force and effect but without prejudice to Government’s

rights and claims under the Contract or otherwise at law against the Contractor arising from antecedent breaches of the Contract by the Contractor (including any breaches which entitle the Government to terminate the Contract);

(b) the Government shall not be liable to the Contractor for any losses suffered or expenses

incurred by the Contractor due to the termination or expiry of the Contract;

(c) if the Contract is terminated pursuant to Clause 24 hereof, the Contractor shall be liable for all losses, costs and expenses actually suffered or incurred by the Government in, arising from or as a result of the termination of the Contract;

(d) if the Contract is early terminated, the Government may assign the uncompleted

Services to another contractor or contractors whereupon if the Contract is terminated pursuant to Clause 24, the Contractor shall be liable for (i) the contract price payable to such other contractor(s) in excess of the contract price which would have been payable to the Contractor had the Contract not been terminated; (ii) all costs and expenses incurred by the Government in making the arrangement for engaging another contractor or contractors including conducting tender for the uncompleted Services; and (iii) any additional expenditure incurred by the Government in connection with a default by the Contractor referred to in Clause 24 hereof.

(e) the rights of the Government under this Clause 25 are in addition to and without

prejudice to any other rights the Government may have under any guarantee or indemnity; and

(f) any termination or expiry of the Contract howsoever occasioned shall not affect any

accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination or expiry.

26. Entire Agreement This Contract constitutes the entire Contract and understanding between Government and the Contractor concerning the subject matter hereof. Every schedule, annex or attachment to or table in this Contract and any notes to such schedule, annex, attachment or table shall be construed and have effect as part of this Contract.



27. Force Majeure (a) If the Contractor becomes aware of any matter likely to constitute a Force Majeure Event,

the Contractor shall forthwith notify the Government in writing of that matter and all relevant particulars.

(b) Within three (3) days after the occurrence of a Force Majeure Event, the Contractor shall

notify the Government in writing of the full particulars of the Force Majeure Event including its nature, extent and likely duration of its effect on the Contractor’s ability to perform its obligation under the Contract. In the event of an occurrence of a Force Majeure Event, the Government may on its own issue a notice to the Contractor noting the occurrence of the Force Majeure Event and requiring the Contractor to suspend all or any of the obligations under the Contract. A notice issued by the Contractor or the Government pursuant to this Clause is hereinafter referred to as the “Suspension Notice”.

(c) Following the issue of a Suspension Notice by the Contractor or the Government, the

Contractor shall keep the Government informed at reasonable intervals, and upon the request of the Government, of:

(i) the likely duration of the relevant Force Majeure Event and of its effect on the

Contractor’s ability to perform its obligations under the Contract;

(ii) the actions taken or proposed to be taken by the Contractor to mitigate or minimise the effects of that Force Majeure Event; and

(iii) any other matters relevant to that Force Majeure Event or the Contractor’s performance affected by that Force Majeure Event.

(d) To the extent that the performance of obligations by the Contractor under the Contract is

prevented by a Force Majeure Event, the Contractor’s performance of such obligations will, subject to Clause 27(e), be suspended to that extent from the date the Contractor or the Government gives a Suspension Notice in respect of that Force Majeure Event until the Contractor ceases to be so prevented (“Cessation Date”). Notwithstanding anything in the Contract to the contrary, as soon as the Government issues a Suspension Notice to the Contractor, the Contractor shall forthwith suspend the performance of the obligations to the extent specified in the Suspension Notice.

(e) During the suspension of any obligations under Clause 27(d):

(i) the Contractor shall use its best endeavours (including incurring any reasonable expenses and re-deploying its manpower and resources) to remove or mitigate the effect of each Force Majeure Event on the Contractor’s performance of the obligations under the Contract;

(ii) the Government may make alternative arrangements for the performance of any

suspended obligations, whether by another person or otherwise; and

(iii) the Contractor shall not be entitled to any cost, fee or charge or such pro rata portion thereof in respect of the suspended obligations for the suspended period.

(f) As soon as the relevant Force Majeure Event has terminated, the Contractor shall

forthwith notify the Government of the Cessation Date, or the Government may on its own, after consultation with the Contractor, by notice in writing to the Contractor, determine the appropriate Cessation Date. The Contractor shall immediately after the Cessation Date resume performance of the suspended obligations in accordance with the terms and conditions of the Contract. In the event of any disagreement between



the Government and the Contractor on the appropriate Cessation Date, the Government’s decision shall be final in the absence of manifest error.

(g) Should suspension of the performance by the Contractor of its obligations under the

Contract persist or be likely to persist as a result of a Force Majeure Event, the Government shall be entitled to terminate the Contract pursuant to Clause 24.

(h) The Contractor shall ensure that provisions similar to this Clause 27 are incorporated in

all its contracts with sub-contractors made pursuant to this Contract.

28. Order of Precedence In the event that there is any conflict, contradiction, or ambiguity amongst any respective parts of the Contract, the following order of precedence shall be applied in order to resolve any such conflict, contradiction or ambiguity: (a) the Special Conditions of Contract (b) the Schedules (c) the General Conditions of Contract (d) the Terms of Tender (e) the Interpretation (f) other documents which form part of the Contract


Part 3 – Special Conditions of Contract

PART 3 SPECIAL CONDITIONS OF CONTRACT

CONTENT

1. Services to be Provided

2. Contractor's Acknowledgement

3. Contractor's Warranties and Undertakings

4. Contractor’s Equipment, Materials and Tools

5. Employment of Contractor Personnel and Manner of Superintendence

6. Replacement of Contractor Personnel

7. Repair and Maintenance Services to Electronic Watchman Patrol System, Walkie-talkies and Equipment

8. Uniforms and Name Badges of Security Staff

9. Modification and Review of the Management Plan, Work Plan, Contingency Plan, Patrol Programme and Work Schedule

10. Performance of Contractor Personnel

11. Site Record and Report

12. Personnel Records

13. Failure to meet Performance Requirements and Standards

14. Sanction against Committing of Offences under Employment Ordinance and Immigration Ordinance

15. Level of Wages and Allowable Maximum Working Hours for all Security Staff

16. Passes

17. Contract Deposit

18. Deduction

19. Monies or Valuables Found

20. Addition/Deletion of Staff

21. Relationship of the Parties

22. Arrangement during Epidemic Illness

23. Disputes



PART 3 SPECIAL CONDITIONS OF CONTRACT

1. Services to be Provided

(a) The Contractor shall during the continuance of the Contract Period - (i) supply Security Staff to the Park in accordance with the requirements as set out in

Schedule 3 and other parts of the Contract who shall be allocated to work on Work Shifts as more particularly described in Schedule 3 to discharge all the duties and services as specified in Schedule 4, the Plans and the Patrol Programme (both as defined in Clause 9 below), and other parts of the Contract;

(ii) provide all facilities, tools, materials and equipment (including those which comply with the requirements and specifications set out in Schedule 4) to ensure that Services are provided in accordance with the terms and conditions of the Contract; and

(iii) provide all other services required under the Contract.

(b) The Government may by giving not less than forty-eight (48) hours’ notice require the Contractor to provide additional Security Staff, or vary the working hours of the Security Staff.

(c) The Contractor shall fully co-operate with the Government Representative and comply

with his instructions and directives on all matters relating to the Contract. The Contractor shall perform the Services in a manner fully and strictly in accordance with the terms and conditions of the Contract and to the satisfaction of the Government Representative.

(d) For the avoidance of doubt, the Contractor shall provide the Services on each day

during the Contract Period, including under inclement weather conditions. If the Government Representatives directs any Contractor Personnel to suspend performing his duties during the period when tropical cyclone signal No. 8 or above is hoisted or when Black rainstorm warning is issued, such Contractor Personnel shall resume duty within two hours after the lowering of tropical cyclone No. 8 or above or after the Black rainstorm warning is cancelled.

2. Contractor's Acknowledgement The Contractor acknowledges that - (a) it has made itself thoroughly conversant with all aspects of the Contract including but not

limited to the nature and quality required of the Services, the equipment, materials and deployed labour and supervisory staff which may be required, any necessary storage and transportation requirement under the Contract;

(b) it has been provided with sufficient information to enable it to provide the Services to the

Government; and

(c) it shall neither be entitled to any additional payment nor be excused from any liability for satisfying any requirement stipulated under this Contract on the ground of any misinterpretation by the Contractor of any matter or fact relating to this Contract.

3. Contractor's Warranties and Undertakings The Contractor warrants and undertakes to the Government that - (a) it and each Contractor Personnel shall have the necessary training, skill, experience,

qualifications and expertise to provide the Services on the terms and conditions set out in the Contract;



(b) it shall carry out the Services with all due and reasonable diligence care and despatch and in a safe, proper, skilful and workmanlike manner, and shall use his best endeavour to perform the Services to the satisfaction of the Government Representative;

(c) it shall, through the Government Representative, keep the Government informed on all

matters relating to the Services and shall answer all reasonable enquiries made by the Government Representative;

(d) it shall comply with all applicable laws (including the Employment Ordinance (Cap. 57),

Mandatory Provident Fund Schemes Ordinance (Cap. 485), Security and Guarding Services Ordinance (Cap. 460), Employee’s Compensation Ordinance (Cap. 282), Immigration Ordinance (Cap. 115)), enactments, order, regulations, and other similar instrument in performing this Contract;

(e) it undertakes not to employ illegal workers in the execution of this Contract. Should the

Contractor be found to have employed illegal workers in breach of this undertaking, the Government may, by notice in writing, terminate this Contract forthwith pursuant to Clause 24 of the General Conditions of Contract;

(f) it shall comply with the reasonable requests of the Government and shall use its best

endeavours to promote the interests of the Government;

(g) it has the full capacity and authority and all necessary licences, permits and consents to enter into and to perform its obligations under this Contract and any other documents to be entered into by it hereunder;

(h) this Contract is executed by a duly authorized representative of the Contractor;

(i) this Contract constitutes valid, binding and enforceable obligations of the Contractor in

accordance with its terms;

(j) the execution and delivery of this Contract and the performance by the Contractor of its obligations hereunder will not: (i) result in any breach of any provision of the Memorandum or Articles of Association

or any other constitutional instruments of the Contractor; (ii) result in breach of, or constitute a default under, any instrument, agreement or

arrangement to which the Contractor is bound; or (iii) result in a breach of any order, judgement or decree of any court or government

agency to which the Contractor is a party or by which the Contractor is bound;

(k) all statements and representations made by the Contractor in its tender and under this Contract and from time to time in the course of performing the Contract are true, complete and accurate; and

(l) it shall continue to be the holder of all certifications throughout the Contract Period which certifications were submitted as part of its tender for the Contract (if any), viz ISO 9001 and/or ISO 14001 and/or OHSAS 18001 in the provision of security guard service (if any).

4. Contractor's Equipment, Materials and Tools (a) The Contractor shall during the entire Contract Period provide at its own costs sufficient

uniforms, tools and equipment for each Security Staff, including but not limited to those mentioned in Schedule 4, truncheons, torches, safety helmets, raincoats, lockers and bicycles for the safe, proper and efficient performance of the Services.



(b) The Government shall not be liable for any loss of or damage howsoever caused to such equipment, materials, tools or vehicles belonging to the Contractor and used for or in connection with the performance of the Contract.

5. Employment of Contractor Personnel and Manner of Superintendence (a) The Contractor for the provision of the Services must, during the continuance of the

Contract Period, be a company acting with a valid, subsisting and unexpired license issued under the Security and Guarding Services Ordinance (Cap. 460).

(b) Each of the Security Staff employed by the Contractor for the provision of the Services

shall be a holder of a valid Security Personnel Permit (B) issued under the Security and Guarding Services Ordinance (Cap. 460) which specifies at the back that the Contractor is the employer of the relevant Security Staff.

(c) (i) Each of the Security Guard shall possess the following qualities and minimum

qualifications: in good health and of good physique; able to deal politely but firmly with visitors; have the determination and courage to investigate any suspicious incidents

and to deal with any persons acting suspiciously; have completed F.3 level or above; be able to speak reasonably fluent Cantonese and simple English to the level

at which they are capable of communicating with the Authorised Officer on matters concerning their duties in either of the languages; and

have had previous working experience as a Security Guard in buildings. (ii) The Security Supervisor shall possess the following qualities and minimum

qualifications: in good health and of good physique; have completed F.5 level or above; have at least 3 years of experience at the rank of Security Supervisor in

security guard company or disciplinary or military services at the rank of supervisory level; experience with the Hong Kong Auxiliary Police or other part time experience will not be counted;

be able to speak Mandarin and English, be fluent in Cantonese and be able to write and read Chinese and English;

have basic knowledge of fire-fighting, first-aid and life-saving technique; possess good customer service skill; and have crowd control experience.

(d) The Contractor shall provide such number of Security Staff for each of the Work Shifts (8

hours per Work Shift) as specified in Schedule 3 for the performance of the Contract. In the event of resignation, dismissal, refused admission or absence of any staff (however temporary, whether due to vacation leave, sick leave or otherwise), an immediate replacement who meets the above minimum qualifications and experience requirements shall be provided.

(e) Within fourteen (14) days after the date of fax or letter of acceptance issued by the

Government, the successful Tenderer shall, (i) nominate for the Government Representative’s approval an individual to perform

the duties of a Security Manager under the Contract (which approval may be at any time be withdrawn). The successful Tenderer shall provide the name, qualifications and experience with documentary evidence of the nominated individual together with full details of his address and means of direct contact; and

(ii) provide the Government Representative the personal details of each Security Staff,



including the type of permits issued to him under the Security and Guarding Services Ordinance (Cap. 460), his name, sex, age, date of birth, identity card number, training records, a recent photograph and documentary evidence showing his previous working experience as specified in Clause 5(c) above.

(f) Notwithstanding any other provisions of the Contract, the Contractor shall not deploy

any person other than the person approved by the Government Representative prior to the commencement of the Contract Period to discharge the duties of a Security Manager as set out in this Contract. The Security Manager shall be in charge of the performance of the Services and shall have the full authority to act on behalf of the Contractor, including the authority to make all decisions for the Contractor regarding the provision of the Services and to receive instructions from the Government Representative.

(g) Notwithstanding any other provisions of the Contract, the Contractor shall not deploy

any person other than the person approved by the Government Representative prior to the commencement of the Contract Period to discharge the respective duties of a Security Supervisor or Security Guard as set out in this Contract.

(h) Notwithstanding any other provisions of this Contract, each individual deployed by the

Contractor to perform the duties of a Security Supervisor or Security Guard must be a permanent resident of Hong Kong who possesses the qualifications and experience set out in Clause 5(c) above in relation to the respective post.

(i) All Security Staff must have attended an initial training course before they take up the

required duties, and the Contractor shall provide refresher courses to the Security Staff at an interval of not more than 6 months or upon the request of the Government Representative during the Contract Period.

(j) The Contractor shall provide, upon request by the Government Representative,

documentary evidence, to the satisfaction of the Government Representative, to substantiate that Clause 5 hereof has been fully complied with.

6. Replacement of Contractor Personnel (a) The Contractor shall not without the prior written consent of the Government, substitute,

replace or cease to deploy any individual to perform the duties of the Security Manager, or Security Staff as specified in this Contract. In case there is a change of any of his Security Manager or Security Staff, the Contractor shall submit revised details of all his Security Manager or Security Staff to the Government Representative within seven (7) days before the change will be effected.

(b) The Government Representative may require the Contractor to remove or replace any

Security Manager or Security Staff specified by the Government Representative if the Government Representative is not satisfied with the performance of the Contractor Personnel or if the Government is of the opinion that the Security Manager or Security Staff should be removed or replaced on the basis of medical, security or disciplinary ground.

(c) If the Government Representative requires the Contractor to remove or replace the

individual who performs the duties of the Security Manager or Security Staff, or if such individual is otherwise removed or replaced in accordance with any other provision of this Contract, the Contractor shall obtain the Government’s prior written approval for appointment of the replacement or substitute.

(d) If a Security Staff fails to wear the uniform or name badge referred to in Clause 8 or if the

Government Representative is of the opinion that the presence of a Contractor



Personnel in the Government premise or part thereof is undesirable, the Government Representative may refuse to admit or may evict the Contractor Personnel from any Government premises (including the HKWP) or any part of it. In such event, the Contractor shall immediately provide a competent substitute acceptable to the Government Representative to perform the Services and to ensure that the Contractor’s provision of the Services under the Contract will not be disrupted.

(e) Subject to sub-Clause (a), if a member of the Security Staff is dismissed by the

Contractor, resigns from office or is otherwise absent from duty, the Contractor shall immediately replace such Security Staff by a competent substitute who meets the requirements specified in this Contract that are applicable to Security Staff.

(f) The Government shall not be liable to the Contractor nor any Contractor Personnel for

any claims, liabilities, losses, damages, compensation or expenses relating to or arising from any removal, replacement, refusal to admit to or eviction from any Government premises (or part thereof) under this Contract. The Contractor shall fully indemnify the Government from and against any such claims, liabilities, losses, damages, compensation and expenses.

7. Repair and Maintenance Services to Electronic Watchman Patrol System, Walkie-talkies and Equipment The Contractor shall, at his own costs, labour and materials, carry out and complete all repair and maintenance works on their own tools and equipment they provide in accordance with Clause 4 hereof.

8. Uniforms and Name Badges of Security Staff (a) The Contractor shall ensure that all his Security Staff wear tidy and clean uniforms the

design and material of which shall be approved by the Government Representative in advance and special equipment including but not limited to truncheons and torches while they are performing the Services as the Government Representative may consider necessary or appropriate. Any such uniforms and equipment shall be provided, maintained and replaced as necessary by the Contractor at his own costs. However, the Government Representative reserves the right to direct any of the Security Staff to be attired in plain clothes in the performance of the Services.

(b) The Contractor shall provide all its Security Staff with uniforms/equipment and badges

with their photographs embedded thereon and showing their names and positions. The design and specifications of the uniforms/equipment shall be approved by the Government Representative. The Government Representative may change the design and specifications of the uniforms/equipment and badges as and when he considers necessary or appropriate. The Contractor shall within one (1) month of notification or such period as may be specified by the Government Representative replace the uniforms/equipment and badges carrying the revised design and specifications.

(c) The Contractor shall ensure that its Security Staff properly wear the uniforms/equipment

and display on their outer uniforms at the chest position the name badges described in Clauses 8(a) and 8(b) hereof while they are on duty.

9. Modification and Review of the Management Plan, Work Plan, Contingency Plan, Patrol Programme and Work Schedule (a) The Contractor shall at all times during the Contract Period comply with and implement

the Management Plan, Work Plan and Contingency Plan submitted by the Contractor in its tender for the Contract subject to any further modifications stipulated by the



Government, all of which are set out in Part B of Schedule 6 (collectively, “Plans”).

(b) The Contractor shall submit daily patrol programme and work schedule (including but not limited to the names of the Security Staff and their areas of responsibility) in respect of each Work Shift, which shall implement in full the specifications for the Services specified in the Contract including in particular, Schedules 3 and 4, and its commitments and proposals set out in the Plans (collectively, “Patrol Programme”), for the Government Representative’s approval, not less than two (2) weeks prior to commencement of the Services. The Plans and Patrol Programme shall be subject to the periodic review of the Government Representative, and shall be revised as may be directed by the Government Representative from time to time. Notwithstanding anything herein to the contrary, in the event of any inconsistency between the Contract (including in particular but without limitation Schedules 3 and 4), and any of the Plans or the Patrol Programme, the former shall prevail.

(c) Throughout the continuance of the Contract - (i) the Contractor shall perform the Services in such frequency, order, at such times

and such locations as prescribed in Clause 1 hereof or as the Government Representative may direct from time to time; and

(ii) the Contractor shall carry out the Services in accordance with all requirements and specifications set out in the Contract, including without limitation Schedules 3 and 4, the Plans and the Patrol Programme. The Contractor shall not vary or amend any such specifications or requirements including the Plans and the Patrol Programme which are currently in force, without the prior written approval of the Government Representative.

(d) Notwithstanding the foregoing, from time to time, the Government Representative shall

be entitled to vary the deployment of any of the Security Staff and frequency, order, priority, time and methods for carrying out the Services as the Government Representative may consider expedient so to do.

10. Performance of the Contractor Personnel (a) The Contractor shall not allow any one of his Contractor Personnel to work more than

one Work Shift in any one 20 hour period of the Contract Period which means the time gap between any two consecutive Work Shifts undertaken by a Security Staff shall not be less than 12 hours.

(b) The Contractor shall ensure the good conduct of each of the Contractor Personnel while

they are performing the Services for or on behalf of the Contractor. Without prejudice to the aforesaid, the Contractor shall ensure that each Contractor Personnel: (i) is fit for their tasks; (ii) complies with the code of conduct approved by the Government Representative; (iii) maintain the highest standard of discipline, courtesy, behaviour and consideration in

performing the Services; (iv) do not smoke, sleep, consume alcoholic drink, listen to radio, gossip and will refrain

from any other malpractices while they are performing the Services; and (v) is on duty during the period of a day as specified in Schedule 3 as applicable to the

post set out therein for which the Contractor Personnel is assigned to occupy for the purpose of this Contract and is punctual at all time.

(c) Without prejudice to sub-Clause (b), the Contractor shall not deploy any staff of known

bad character, disorderly conduct or violent character to perform the Services. The Contractor shall make diligent efforts to scrutinize the background of the individuals who may be deployed to perform the Services to ensure that the provisions of this Contract on deployment of individuals are complied with. Any breach of this requirement shall



be deemed to be the default, neglect or omission of the Contractor.

(d) The Contractor and the Contractor Personnel shall deal promptly and courteously with the Inspecting Officer, the general public and all others with whom they may have contact in performing the Services under the Contract.

(e) Each of the Security Manager and the Supervisor shall: (i) act and respond promptly to any instructions given or queries made by the

Government Representative; (ii) be contactable by mobile phone and pager at all times during the Contract Period; (iii) upon being requested by the Government Representative, accompany the

Government Representative to the locations specified by the Government Representative to inspect the performance of the Services; and

(iv) give proper training, supervision and guidance to the Security Staff in performing the Services.

(f) Without prejudice to any other provisions of this Contract, the Security Manager shall:

(i) conduct surprise checks at the Park at such frequency agreed by the Government Representative and record the findings of his surprise checks in a record book;

(ii) provide the record book for the Government Representative’s inspection whenever requested by the Government Representative;

(iii) if required by the Government Representative, deliver to the Government within such period as specified by the Government Representative, copies of the record for the Government’s retention;

(iv) make such arrangements as are necessary that will enable him to attend meetings with the Government Representative within two (2) hours of such a request having been made (or attend immediately at any time in the case of emergency);

(v) if required by the Government Representative, attend and participate in meetings arranged by the Government Representative in relation to the Services (including meeting with any persons, groups or associations specified by the Government Representative to resolve complaints or discuss any aspect of the Services); and

(vi) if required by the Government Representative, prepare a written report on any aspect of the Services as instructed by the Government Representative.

(g) The Contractor shall provide each of the Supervisor and the Security Manager with

mobile phone and pager, and shall provide the Government with the numbers of such mobile phone and pager immediately on the commencement of the Contract Period to ensure that the Government can effectively contact the Supervisor and the Security Manager at all times during the Contract Period.

(h) Notwithstanding sub-Clause (b)(v), the Government Representative may, by prior notice to the Contractor, vary the period for which any Contractor Personnel shall be on duty each day and the Contractor and the Contractor Personnel shall comply with such variation. In such event, all references in this Contract to the period for which the Contractor Personnel shall be on duty shall be construed accordingly.

11. Site Record and Report (a) The Contractor shall maintain a day-to-day attendance record of his Security Staff

showing in detail the number of Security Staff who are on duty together with their names, identity card numbers, posts, hours on duty, arrival time and departure times which information shall either be recorded by electric time recording equipment to be supplied by the Government or manually under the supervision of the Supervisor, as determined by the Government Representative in his absolute discretion. Such records shall be readily made available for the inspection of the Government Representative upon demand.



(b) The Contractor shall maintain an event record book for record of events happened in each Work Shift containing details including (i) details of each patrol and supervisory visits (ii) details of all incidents, emergencies, damages, disturbances and the like; and (iii) any other information as requested by the Authorised Officer. Such record book shall be readily made available for the inspection of the Government Representative upon demand.

(c) The Contractor shall provide any other information and documentation as may be requested by the Government Representative relating to the provision of the Services.

(d) Notwithstanding the foregoing, the Contractor shall, as and when called upon to do so by the Government Representative, make available to the Government Representative, or such other person as the Government Representative may direct, such other information which may be within the Contractor’s knowledge to enable the Government Representative to verify the data contained in the aforesaid records.

(e) The Government Representative may prescribe the form of the Contractor's reports, records and schedules required under Clauses 11(a) and 11(b) hereof.

12. Personnel Records (a) The Contractor shall obtain all necessary permission and consent from each Contractor

Personnel for the release and provision of his personal data, records and photographs to the Government Representative pursuant to any applicable provision of the Tender Document or Contract.

(b) The Contractor shall maintain complete, proper current and accurate records of all staff

employed by the Contractor under this Contract. Such records shall include the name and photograph of each Contractor Personnel, his grade, post, sex, identity card number, age, training attended by him, relevant qualification, experience, the time sheet showing his attendance and his wage book. The Contractor shall produce such records to the Government Representative for inspection on demand. The Contractor shall deliver a copy of the record to the Government if so required by the Government Representative.

(c) The Contractor shall enter into the Standard Employment Contract with each and every employee (except temporary leave relief employees) which can be downloaded from the following hyperlink: http://www.afcd.gov.hk/english/tender/tender_rel/tender_rel.html. The Standard Employment Contract shall stipulate the employment period, the rest day arrangements, (namely number of paid rest day per week, the number of paid statutory holiday per year, the number of paid annual leave per year), the maximum working hours for each working day, the maximum number of working days per month, the monthly wages payable (each particular in consistent with the particulars set out in Schedule 3 and other parts of the Contract (where applicable)) and a provision that the parties to the agreement shall consent to the production of the agreement and all documents relating to the employment thereunder to the Government Representative and to the Labour Department for law enforcement purpose upon request.

(d) The Contractor shall inform his employees of the minimum wages as committed in the Tender Document by the Contractor.

(e) The Contractor shall within three (3) weeks after commencement of the Contract Period provide to the Government Representative a copy each of the signed employment contracts referred to in Clause 12(c) entered into between the Contractor and the Security Staff for Government’s record, and shall provide such other documentary evidence as may from time to time requested by the Government to ensure Clauses 12 and 15 have been complied with. In the event of any subsequent employment of a



Security Staff whether in replacement of an outgoing Security Staff or as an addition, the Contractor shall within one (1) week after such employment, provide to the Government a copy of the signed employment to be entered into in compliance with Clause 12(c).

(f) The Contractor shall not amend or vary any term of the employment agreement executed under Clause 12(c) hereof except with the prior approval of the Government.

(g) The Contractor shall keep proper record of the written employment agreement including any amendments, variation or cancellation and the payment to staff. The methods of autopay or issue of cheque for payment of wages shall be adopted for proper record keeping purpose unless the employee exercises his right to demand payment in legal tender in which event the Contractor shall obtain official receipt from the relevant employee.

13. Failure to meet Performance Requirements and Standards (a) At any time during the Contract Period, the Inspecting Officer may investigate each case

where the Contractor has failed to perform the Services or any part thereof in accordance with the provisions of the Contract. The Inspecting Officer shall be entitled to interview any member of the Contractor's employees, sub-contractor or agents and to inspect all records relevant to the Services and to obtain copies of such records from the Contractor free of charge.

(b) Where the Inspecting Officer is satisfied that in any particular case the Services provided

by the Contractor has failed to meet the standards required under the Contract, or the Contractor has failed to provide Security Staff in accordance with Clause 10 hereof, it shall be entitled to instruct the Contractor either verbally or in writing to remedy/rectify the failure in order to comply fully therewith within such period as it in its absolute decision may determine, but such period should in no case be later than twenty-four (24) hours after giving such instructions to the Contractor.

(c) If the Contractor fails to comply with the instruction of the Inspecting Officer issued either

verbally or in writing under Clause 13(b) hereof, the Government Representative may terminate the Contract in accordance with Clause 24 of the General Conditions of Contract.

(d) Without prejudice to any other rights or remedies, the Government Representative shall

be entitled to withhold any payment to the Contractor until the Services have been performed to the satisfaction of the Government Representative and in strict accordance with the terms and conditions of the Contract and until all costs and expenses which may be incurred in accordance with Clauses 13(e) hereof has been recovered.

(e) If the Contractor fails to provide any of the Services or fails to provide the Services to the

satisfaction of the Government Representative, the Government shall be entitled to have such Services carried out by its own resources or by other contractors and to recover any loss, damages, claims or any liability that may be incurred by the Government and may deduct the same from any money due or becoming due to the Contractor under this or other contract with the Government.

(f) The Government Representative or the Inspecting Officer shall be the sole judge in

determining whether or not a particular standard of service/performance has been achieved whose determination shall be binding on the Contractor in the absence of manifest error.



14. Sanction against Committing of Offences under Employment Ordinance and Immigration Ordinance If the Contractor is convicted of an offence under the Employment Ordinance (Cap. 57) arising from the performance of this Contract or other Government contracts or is convicted of an offence under the Immigration Ordinance (Cap. 115) for employing a person who is not lawfully employable to perform under this Contract or other Government contracts, without prejudice of any rights or remedies of the Government, the Government may suspend the Contractor from tendering for other Government contracts in future. The Government shall have the absolute discretion to determine the duration of suspension taking into account the seriousness of the offence(s) and the Contractor’s performance of the Services under this Contract.

15. Level of Wages and Allowable Maximum Working Hours for all Security Staff (a) The monthly wage or the equivalent wage rate payable to each Security Staff by the

Contractor shall not be less than the highest of (a) the proposed monthly wage or the equivalent wage rate quoted by the Contractor in Schedule 3; (b) the “higher amount of monthly wage” as subsequently confirmed by the Contractor pursuant to Clause 3(b) of the Terms of Tender if any; and (c) the Mandatory Monthly Wage to be calculated in the manner as specified in Clause 10(b) of the Terms of Tender).

(b) Without prejudice to sub-clause (c) below, the Contractor shall pay each Security Staff no less than the monthly wage or the equivalent wage rate as specified in sub-clause (a) above irrespective of the number of days of the relevant month.

(c) Each Security Staff is required to work eight (8) hours per day including a 30-minute meal break (no more and no less) with one paid rest day for every seven (7) days, save with the prior written consent of the Government.

(d) The Contractor shall promptly pay wages to each Security Staff, failure to do so will entitle the Government to terminate the Contract. Wages for each Security Staff shall be paid on such date as determined in accordance with the Standard Employment Contract and in the manner specified in sub-clause (e) below.

(e) The Contractor shall use autopay for payment of wages to each Security Staff except that upon termination of an employment contract with a Security Staff, the Contractor may pay such Security Staff his wages by cheque if so requested by the Security Staff.

(f) The Contractor shall submit the autopay record on a half-yearly basis to the Government Representative for inspection and record purposes. If any Security Staff elects to have his wage paid in cheque upon termination of the employment contract entered into between the Contractor and him, the Contractor shall obtain a receipt from such Security Staff after the payment is made and submit a copy of the receipts on a monthly basis to the Government Representative for inspection and record purposes.

(g) The Contractor shall also make available to the Government all such other information and documents as the Government may request such as wage books, bank autopay return, receipts of wages and record of contributions made under the Mandatory Provident Fund Schemes Ordinance (Cap. 485) to enable the Government to crosscheck the accuracy of the supporting documents submitted to the Government in return for each Monthly Payment.

(h) The Contractor shall ensure and procure that any contract with its sub-contractor shall contain provisions to the same effect as these Clauses 12 and 15 wherein references to Contractor shall read the relevant sub-contractor.

(i) If the Contractor or its permitted sub-contractor (if any) is in breach of sub-clause (a) or



(b) above (payment of the minimum wage), or sub-clause (c) above (working hours of the Security Staff) by requiring the Security Staff to work more than the hours as specified therein, sub-clause (d) above (prompt payment of the monthly wage), or sub-clause (e) above (payment by auto-pay), or Clause 12(c) (entry into the Standard Employment Contracts), the Government shall be entitled to issue a default notice to the Contractor (and where applicable the sub-contractor) with a copy to other government departments and public bodies. For the avoidance of doubt, nothing in the brackets after the relevant clause number as afore-mentioned shall prejudice the scope of the relevant clauses.

(j) Each default notice issued in accordance with sub-clause (i) above will attract one Demerit Point. The Government will take into account the Demerit Points entered against the Contractor (and where applicable the sub-contractor) in tender evaluation of its bids for service contracts that rely heavily on the deployment of non-skilled workmen. Under such essential requirements from time to time prescribed by the Government for evaluating tenders, Demerit Points will result in the Contractor failing the tender assessment. Should the Contractor be found to have made any other breaches of the Standard Employment Contracts other than those mentioned in sub-clause (i) above, the Government may still issue default notices which may be taken into account by the Government when the Contractor bids for other Government contracts in future.

16. Passes (a) The Government Representative may issue passes to the Contractor for the admission

of its vehicles and the Contractor Personnel to a Government premises. If a Contractor Personnel or any other person or a vehicle of the Contractor fails to show such a pass on demand, the Government may refuse to admit such person or vehicle to the Government premises or any part thereof.

(b) The Contractor shall submit a list of the names and identity card numbers of all

Contractor Personnel and copies of vehicle registration document of all vehicles requiring passes together with two (2) photographs of each person and shall prove to the satisfaction of the Government their bona fide identities.

(c) Any pass so issued shall be returned to the Government Representative at the earliest

on demand or upon termination of the Contract, or cessation of the bearer's employment with the Contractor, or cessation of the use of the vehicles for the performance of the Services, as the case may be.

(d) The Contractor shall on demand deposit with the Government Representative the sum

of one hundred Hong Kong dollars (HK$100) for each pass issued which sum shall be refunded without interest upon the return of the pass to the Government Representative.

17. Contract Deposit (a) (i) The Contractor shall deposit with the Government within fourteen (14) days from the

date of acceptance of the offer, a Contract Deposit in an amount equal to 2% of the Estimated Contract Sum as continuous security for the due and faithful performance of the Contract.

(ii) Should the Contractor fail to pay the required deposit by the due day aforesaid, the

government shall immediately thereupon be at liberty to terminate the Contract by notice in writing to the Contractor without prejudice to any claims that the Government has or may have in respect of any loss, damages, claims or any liability that may be incurred by the Government as a result of the Contractor’s default of this Clause.



(b) The Government shall (without prejudice to any other rights and remedies of the Government) have the right to deduct from the Contract Deposit the amount of any and all costs, losses, damages or expenses suffered by the Government as the direct or indirect result of any breach of the Contract by the Contractor with or without the Contract being determined.

(c) If any deduction shall be made by the Government from the Contract Deposit during the

continuance of the Contract, the Contractor shall, within fourteen (14) days of such deduction, deposit a further cash sum in a sum equal to the amount so deducted or so called which further sum shall be added to the residue of and form part of the Contract Deposit.

(d) Upon the expiry or sooner determination of the Contract, the Government will return to the

Contractor without interest the balance of the Contract Deposit after having deducted therefrom any sum due from the Contractor to the Government and when all the Contractor’s obligations have been observed and complied with to the satisfaction of the Government Representative.

(e) The application of the Contract Deposit as aforesaid shall be without prejudice to the right

of the Government to recover from the Contractor any losses, damages, claims or any liability that may be incurred by the Government that exceed the sum of the Contract Deposit.

18. Deduction The Government reserves the right to make a deduction in the amount specified in the right column below from a Monthly Payment payable in respect of a Month on the occurrence of an event in that Month specified in the left column below as and for liquidated damages and not as a penalty. Multiple occurrences entitle the Government to make multiple deductions without limit.

For the Shortfall of each Amount of Deduction(HK$) (a) Security Guard the applicable hourly rate as

specified in Part 2 of Schedule 2 (b) Security Supervisor

19. Monies or Valuables Found All monies or other items of value found by the Contractor or a Contractor Personnel at the Park in the course of performance of the Services shall be handed to the Government Representative as soon as possible and a written receipt obtained therefore.

20. Addition/Deletion of Security Staff There may be addition or deletion of Security Staff including equipment (if required) by the management of the Park during the Contract Period and should such changes arise, the Contractor will be notified to provide or suspend the services including equipment (if required) accordingly and the Monthly Payment shall be adjusted in accordance with the rates shown in Schedule 2.

21. Relationship of the Parties (a) Nothing herein shall be construed as in any way constituting a partnership, agency or

joint venture between Government and the Contractor and neither party shall (without the consent in writing of the other) commit the other to any obligation whatsoever.

(b) The Contractor enters into this Contract with Government as an independent contractor

only and shall at all times remain as an independent contractor throughout the Contract



Period.

(c) For the avoidance of doubt, the Contractor shall not represent itself as an employer, employee, agent or servant of Government.

(d) The Contractor shall declare to all its employees and agents the provisions of this

Clause.

(e) For the avoidance of doubt, the control of, and the power to manage, the Park rests at all times with the Government Representative and the Government Representative does not and will not surrender such control or delegate such power to the Contractor. The Contractor is appointed as an independent contractor to provide the Services only. Nothing herein shall be construed to confer on the Contractor any control of, or power to operate or manage, the Park.

22. Arrangement during Epidemic Illness In the event of an out-break of any disease or epidemic, the Contractor shall comply with all such orders, arrangements or regulations as may be issued or imposed by the Government of the Hong Kong Special Administrative Region with a view to stamping out the same. The Contractor shall comply with any instructions issued by the Government of the Hong Kong Special Administrative Region regarding measures to be adopted to prevent or control diseases of any kind.

23. Disputes Without prejudice to Clause 16 of the General Conditions of Contract, if disputes arises between any officer of the Agriculture, Fisheries and Conservation Department and the Contractor in reference to the performance of the Contract, or any part thereof which cannot otherwise be resolved, such dispute shall be referred to the Director of Agriculture, Fisheries and Conservation whose decision shall be final and binding (in the absence of manifest error).


Schedules

SCHEDULES

CONTENT

Schedule 1 Site Plan of the Park and Layout Plan of Visitor Centre

Schedule 2 Price Proposal

Schedule 3 Staffing Requirements and Monthly Wage Proposals for Security Staff

Schedule 4 Work Schedule and Performance Requirements

Schedule 5 Tenderer's Declaration of Conviction of Offences under the Employment Ordinance, Employees’ Compensation Ordinance, Mandatory Provident Fund Schemes Ordinance, Immigration Ordinance or Other Relevant Legislation Relating to Staff/Security Guard Employment

Schedule 6 Management Plan, Work Plan and Contingency Plan

Schedule 7 Details of the Bank Account for Payment of Monthly Fee


Schedules

BLANK PAGE


Schedules


Site Plan of Hong Kong Wetland Park


Schedules


Layout Plan of Visitor Centre (Ground Floor)

首層平面圖

GROUND FLOOR PLAN

Theater 放映室 Souvenir Shop

禮品店 and 及 Multi-function Room 多用途室

Atrium中庭

What are Wetlands? 濕地知多少?

Human Culture人類文化

Pui Pui’s Home 貝貝之家

Swamp Adventure 沼澤歷奇

Cafe餐廳


Schedules


Layout Plan of Visitor Centre (First Floor)

一樓平面圖

FIRST FLOOR PLAN

Human Culture 人類文化

Viewing Gallery 觀景廊

Wetland Challenge 濕地挑戰


Schedules

BLANK PAGE


Signed by an authorised signatory for and on behalf of the Tenderer:

Name of person authorised to sign tender for and on behalf of the Tenderer:

Name of Tenderer in Chinese and English:

Address of the Registered Office of Tenderer:

Correspondence address of Tenderer (if different from above):

Name of Contact person:

Tel No. : Fax No.: Date :

Schedules

Schedule 2 Price Proposal

Part 1

Proposed Monthly Rates for the Provision of Service during the Contract Period: Period Monthly Fees

(HK$ per month) = (A: Staff cost) +

(B: Other cost)

Total fees for the period (HK$)

(i) Monthly Payment for each of the Monthly Period falling within summer season from May 2018 to September 2018 (5 months)

A:

B:

(A + B) x 5

=

(ii) Monthly Payment for each of the Monthly Period falling within summer season from May 2019 to September 2019 (5 months)

A:

B:

(A + B) x 5

=

(iii) Monthly Payment for each of the Monthly Period falling within summer season from May 2020 to September 2020 (5 months)

A:

B:

(A + B) x 5

=

(iv) Monthly Payment for each of the Monthly Period falling within winter season from October 2018 to April 2019 (7 months)

A:

B:

(A + B) x 7

=

(v) Monthly Payment for each of the Monthly Period falling within winter season from October 2019 to April 2020 (7 months)

A:

B:

(A + B) x 7

=

(vi) Monthly Payment for each of the Monthly Period falling within winter season from October 2020 to April 2021 (7 months)

A:

B:

(A + B) x 7

=

(vii) Additional Cost of Manpower for Annual Fire Drill in 2018* A:

B:

A + B

=

(viii) Additional Cost of Manpower for Annual Fire Drill in 2019* A:

B:

A + B

=

(ix) Additional Cost of Manpower for Annual Fire Drill in 2020* A:

B:

A + B

=

Estimated Contract Sum payable over the 36-month Contract Period:

*Please refer to Note 3 of Schedule 3 for the detailed manpower requirement for the Annual Fire Drill.









Schedules

If there is an addition to or reduction of the number of Security Staff to be provided, (in the case of reduction, without prejudice to Clause 18 of the Special Conditions of Contract), the amount to be added to the Monthly Payment shall be calculated according to the rates quoted in Part 2 below for a Security Supervisor or a Security Guard, as the case may be. Hence the above quoted amount of Monthly Payment is for reference only, and may not be the actual amount payable depending on (a) whether or not the Contractor has complied in full all requirements and specifications for the Services set out in the Contract including without limitation the staff requirements and the duty hours’ requirements set out in Schedule 3; and (b) whether or not the Government may exercise any of its powers under the Contract to require an addition or reduction to the number of Guards to be provided.

Part 2 Unit Rates of Security Staff:

Description Unit Unit Rate ($) (a) A Security Supervisor

per hour

per 4-hour shift

per 8-hour shift

per month (8-hour shift per day)

(b) A Security Guard per hour

per 4-hour shift

per 8-hour shift

per month (8-hour shift per day)

Note : The unit rate shall be used for calculation of an addition or reduction of the number

Guards to those specified in Schedule 3 if and when required by the Government Representative in exercise of its powers under the Contract or otherwise for the purposes of Clause 18 of the Special Conditions of Contract.

Remarks : The Contractor shall be responsible for all costs and expenses required for rendering the Services under the Contract, including but not limited to the equipment, materials and tools required to be provided under the Contract. Under no circumstances whatsoever shall the Government make any payment to the Contractor for the Services performed in a Month other than the Monthly Payment for that Month at the rates stated in Part 1.









Schedules

Schedule 3

Staffing Requirements and Monthly Wage Proposals for Security Staff Part A – Staffing Requirements and Working Hours

Staffing Requirements and Working Hours

Duty Hours (inclusive of meal break)(see Note 1)

Meal break (Note 1)

No. of Security Staff (see Notes 1, 2 & 3)

Shift A: 0700 hrs. to 1500 hrs.

(Mondays to Sundays)

30 min.

(by rotation)

5 Security Guards

and 1 Supervisor

Shift B: 1500 hrs. to 2300 hrs.


30 min.

(by rotation)

5 Security Guards

and 1 Supervisor

Shift C: 2300 hrs. to 0700 hrs.

on the following day


30 min.

(by rotation) 4 Security Guards

Shift D: 0930 hrs. to 1730 hrs.

(Mondays, Wednesdays,

Thursdays and Fridays)

30 min.

(by rotation) 10 Security Guards

Shift E: 0930 hrs. to 1730 hrs.

(Saturdays, Sundays and Public Holidays)

30 min.

(by rotation)

Summer Season (May 2018-Sep 2018, May 2019-Sep 2019 &

May 2020-Sep 2020):

14 Security Guards

Winter Season (Oct 2018-Apr 2019, Oct 2019-Apr 2020 &

Oct 2020-Apr 2021):

18 Security Guards









Schedules

Note 1 : The successful Tenderer will be required to comply with the Work Shifts and Security Staff allocation

requirements set out in this Schedule, allocation of the requisite number of Security Staff to work on the respective Work Shifts of such hours specified above. For Shift A, B & C, Security Staff shall work on Mondays to Sundays including Public Holidays,

Park’s closure days and the First & Second Days of Lunar New Year. For Shift D, Security Staff shall work on Mondays, Wednesdays, Thursdays and Fridays. For Shift E, Security Staff shall work on Saturdays, Sundays and Public Holidays and the First &

Second Days of Lunar New Year. The manpower requirement of this shift varies in summer and winter seasons. 14 guards are required during the summer season from 1.5.2018 to 30.9.2018, 1.5.2019 to 30.9.2019 and from 1.5.2020 to 30.9.2020 whereas 18 guards are required for the winter season from 1.10.2018 to 30.4.2019, 1.10.2019 to 30.4.2020 and from 1.10.2020 to 30.4.2021.

The Hong Kong Wetland Park is closed on every Tuesday. If the closure day (Tuesday) is Public Holiday, the HKWP remains open and the manpower requirement is the same as that of Public Holidays.

Guards on shift of no less than 8 hours will by arrangement allow for meal during their working hours if a meal break cannot be arranged due to operational needs, while not interrupting the provision of Services.

When the Black rainstorm warning is hoisted during the non-opening hours; or when typhoon signal No. 8 or above is valid, the Contractor should provide/maintain on site five (5) Security Guards for emergency / security duties. No surcharge or additional transportation fees will be paid to the Contractor.

In addition, Tenderers' attention is drawn to Clauses 10(a) and 15(c) of the Special Conditions of Contract in Part 3 regarding the permissible maximum working hours for each Security Staff.

Note 2 : Apart from the Security Staff requirement, the Contractor shall provide at its own costs a Security Manager as specified in Clause 5(e) of the Special Conditions of Contract in Part 3. No additional charges shall be payable by the Government for the appointment of such Security Manager.

Note 3 : Fire Drill will be conducted once every year on any one Tuesday afternoon for 2 hours in winter season as specified by the Government Representative. Additional manpower will be required to ensure that 2 Supervisors and 14 Security Guards to attend the fire drill.









Schedules

Part B The Tenderer shall propose in the table below the hourly and monthly wages per Security Staff with reference to the Shift as identified in the first column. Tenderers are asked to note Clause 15 of the Special Conditions of Contract (Level of Wages and Allowable Maximum Working Hours for all Security Staff):

Proposed Monthly Wages for Provision of the Services

Type of Contractor’s Employees

Proposed Wages per Month per

Security Staff (HK$)

Proposed Wage rate

per hour per Security Staff

(HK$)

Fixed Number of Working Hours per Day including meal

break

Deemed number of working

days including rest days

Number of paid

rest days

Security Supervisor (Shift A or B)

8 hours 31 days 4 days

Security Guard (Shift A or B or C)


Security Guard (Shift D or E)


Remarks: (a) It is a Contract requirement that the proposed monthly wage for each Security Staff

based on number of working hours, working days and paid rest days as stated in the remaining columns of the above table shall not be less than HK$8,556. This figure is calculated as follows:

HK$34.5 (Note 1) x 8 (Note 2) x 31 (Note 3) = HK$8,556

Note 1: Being the prescribed minimum hourly wage rate (as defined in the Minimum Wage Ordinance, Cap. 608)

Note 2: Being the number of the fixed working hours per day for the Security Staff providing the Services. The 30-minute meal break shall be counted as working hour.

Note 3: Being 31 days i.e. 27 working days plus 4 paid rest days. This number shall apply irrespective of the actual number of days in the relevant month.


Schedules

BLANK PAGE


Schedules

Schedule 4 Work Schedule and Performance Requirements

(References herein to locations of the HKWP may be identified in the site plan of the HKWP set out in Schedule 1, failing which shall be as stipulated by the Government Representative from time to time whose stipulation shall be conclusive.) The Contractor shall provide qualified Security Staff and equipment at its own cost to discharge the following duties at the HKWP. Detailed requirements on manpower and equipment are listed as the table below:

Shift Duty Hours (8 Hours Shift) No. of Guards

Required

No. of Walkie- talkie

(with earphone) Required

No. of Electronic Watchman Patrol System Required

Meal Arrangement

Net working hours

A

0700-1500 hr (Monday to Sunday incl. Public Holidays, the HKWP’s closing day, and the first 2 days of Lunar New Year)

5 Guards & 1 Supervisor

7 Sets 3 Sets 30 minutes (by rotation)

8

B


5 Guards & 1 Supervisor

7 Sets 3 Sets 30 minutes (by rotation)

8

C


4 Guards 4 Sets 2 Sets 30 minutes (by rotation)

8

D 0930-1730 hr (Monday, Wednesday, Thursday, and Friday)

10 Guards 10 Sets 1 Set 30 minutes (by rotation)

8

E 0930-1730 hr (Saturday, Sunday, Public Holidays and the first 2 days of Lunar New Year)

14 Guards# 14 Sets# 1 Set

30 minutes (by rotation)

8 18 Guards* 18 Sets*

Remarks: “#” requirement for the period of May 2018 – Sep 2018, May 2019 – Sep 2019 and May 2020 – Sep 2020 (Summer Season)

“*” requirement for the period of Oct 2018 – Apr 2019, Oct 2019 – Apr 2020 and Oct 2020 – Apr 2021 (Winter Season) Note: Fire Drill will be conducted once every year on any one Tuesday afternoon for two hours in winter

season as specified by the Government Representative. Additional manpower will be required to ensure that 2 Supervisors and 14 Security Guards to attend the Fire Drill.

1 Patrolling of the HKWP and Requirement of Electronic Watchman Patrol System

1.1 Patrolling of all areas within the boundary of the HKWP, including but not limited to the Visitor Centre, the Ticket Office, the Maintenance Office, car park, footpaths, driveways, all outdoor exhibition areas, bird hides, boardwalks, sign posts and the boundary fence of the HKWP. The exact patrol routing, locations of check points and frequencies of patrol will be determined by the HKWP Management and subject to change from time to time.

1.2 The Security Staff shall carry out patrols on foot and/or on bicycle if necessary and

applicable or otherwise determined by the Government Representative. Each Security Staff on patrol duty shall carry electronic watchman patrol equipment to be approved by the Government Representative to record the patrols at various checkpoints as agreed and approved by the Government Representative. Each Security Staff on patrol duty on the same shift shall have his/her individual watchman patrol system and shall not share with others.

1.3 All the monitoring, patrolling equipment and check point accessories including but not

limited to bicycle, electronic watchman patrol equipment and electric torch shall be provided at the Contractor’s expenses.


Schedules

1.4 Contractor shall provide, install and maintain in good working order at the HKWP at no extra cost to the Government Representative throughout the Service Period three (3) sets of electronic watchman patrol system with patrol tour recorder, data chips safely and securely fixed at check points and time printers for not more than forty (40) check points for the Staff on patrol duty at the HKWP with specifications as set out at below. The Contractor shall print and provide the daily clocking/patrol time sheet record before 1,000 hours to the HKWP Management for retention. The electronic watchman patrol system shall have the following features: - electronic operated, with record system; the recorder should be tamper-proof; complicated design of patrol tour recorder & data chips, hence, no possibility of

faking; with clear imprint on record tape to indicate information of station number, date,

time, hour and minute of each clocking and missed clocking in English and Chinese; with special marking to indicate each occasion of locking and unlocking; password controlled; and automatic downloading capability for reading and printing data in English and

Chinese. The Contractors are requested to specify in Part B of Schedule 6 the model and type of the system and submit catalogue of the electronic watchman patrol system to be used for the HKWP Management’s consideration during tender submission.

1.5 The Contractor must ensure that the electronic watchman patrol system and/or the time

printers shall function properly. If there is any breakdown of the electronic watchman patrol system and/or the time printers, the Contractor must report the defects to the Government Representative and provide an appropriate replacement immediately. Unless otherwise approved by the Government Representative, the Contractor shall complete the repair work within twenty-four (24) hours.

2 Manning of Security Control Room and Security Posts 2.1 The Contractor shall provide Security Staff to man the Security Control Room on the

Work Shifts as specified in Schedule 4 on a 24-hour round the clock service, provided that: (a) at least one Security Supervisor shall man the Security Control Room during opening

hours of the HKWP to supervise and coordinate all security services at the HKWP; and

(b) at least one Security Guard shall man the Security Control Room to conduct security surveillance with CCTV for each Work Shift, leading to a constant manning of the Security Control Room on a 24 hour basis throughout the Contract Period and provide emergency responses when necessary. The Contractor shall provide 24-hour emergency support to the Security Staff manning the Security Control Room outside Park’s opening hours.

2.2 The Security Guards are also required to man three security posts inside the HKWP. The

Security Guards manning the security posts shall provide gate control service and car park management service during the opening hours of the HKWP.

3 Gates Control 3.1 The Security Guards shall carry out gate control services including:

(a) Entry control of visitor The Security Guards shall stop any person from entering the HKWP without permits. For permit holders, the Security Staff shall record their entry onto the log book provided by the Contractor. Holders of admission tickets shall be directed to enter


Schedules

the Visitor Centre through the main entrance. Crowd control at the HKWP’s Main Entrance and other part of the HKWP when necessary.

(b) Entry control of vehicles The Security Guards manning the security posts at the entrance of the car park at the Visitor Centre and the overflow car park near the Maintenance Office shall stop any vehicles from entering the HKWP without permits.

4 Gates Locking and Opening 4.1 The Security Guards shall open the gates at the main entrance, subway entrance,

galleries in the Visitor Centre, Wetland Discovery Centre, bird hides and other doors to prepare for the opening of the HKWP to the public.

4.2 Security Guards shall ensure all emergency doors remain in good order. 4.3 Security Guards shall check to ensure that no visitor remains in the HKWP after the

opening hours. 4.4 Security Guards shall lock all the doors and gates of the HKWP as specified by the

Government Representative after the opening hours.

5 Traffic Control and Car Park Management 5.1 The Security Guards shall provide traffic control service at the main entrance, loading

and unloading area and the entrance of car park at the Visitor Centre and the Maintenance Office during the opening hours of the HKWP.

5.2 The Contractor shall provide reflective vests and other necessary equipment to Security Guards responsible for traffic control service to ensure their safety and smooth performance of their duties.

5.3 The Security Guards shall provide car park management and operation at car park of HKWP including: Control of entry to car parks; Recording the duration of parking; Issuing and collecting the parking ticket; Maintaining parking order in the car park; Collecting parking coupons from coach drivers; Refill paper for car park Octopus payment systems; and Handling unauthorised parking.

6 Monitoring and Operation of CCTV System 6.1 The Contractor shall provide at least one Security Guard on 24-hour service to operate

and control all security surveillance equipment including but not limited to the CCTV and alarms installed in the HKWP.

6.2 The Security Guards shall attend to and report on any alarm or emergency and to carry out initial investigation/ checking once arrived at scene.

7 Assisting Law-Enforcement at the HKWP 7.1 The Security Guards are empowered by the AFCD to request any person without the

permit in writing granted by the AFCD to leave a specified zone in the HKWP outside the opening hours of the zone, or to leave a specified zone that has been closed.


Schedules

7.2 The Security Guards shall stop and immediately report to Security Supervisors on any

suspected illegal activities including but not limited to disturbing wild animals and plants, lighting of fire, pollution of water, tampering with the HKWP and any other activity prohibited by the Country Parks and Special Areas Regulations (Cap. 208A). The Security Supervisors shall report the activities to the Authorised Officer if necessary.

7.3 The Security Staff might be asked to act as witness for prosecutions in relation to Clauses 7.1 and 7.2.

8 Responding to Emergency and Security-Related Incidents 8.1 The Security Staff shall ensure that all fire resisting doors and emergency exits are kept

closed at all times and that fire-fighting equipment is in the designated locations. In the event of fire, to inform the Fire Services Department within ten minutes from the discovery of the fire and, if the fire is a major outbreak, shall alert all occupants of the HKWP and assist evacuation. Before the arrival of the firemen, the Security Staff shall endeavour (only when situation allows and the action would not post any risk to him/her) to fight and prevent the spread of fire with fire-fighting equipment installed. The Security Staff shall take necessary precautions against any risk to himself/herself before attempting to fight and prevent the spread of fire.

8.2 The Security Staff shall report all suspected criminal offences including but not limited to burglary and arson to the Hong Kong Police Force within ten minutes from the discovery of the incident.

8.3 The Security Staff shall report to the Authorised Officer immediately on all instances of loss of personal property and damage found in the HKWP. If any damage is known to have been caused by any person, including any visitor to the HKWP, the Security Staff shall, if possible, obtain all particulars of the persons causing the damage and assist the Authorised Officer in further investigation.

8.4 When necessary, the Security Staff may be requested by the Authorised Officer to handle any security issues in the HKWP related to visitors such as crowd control or any other emergency incidents


Schedules

Schedule 5 Declaration of Conviction of Offences

under the Employment Ordinance, Employee’s Compensation Ordinance, Mandatory Provident Fund Schemes Ordinance, Immigration Ordinance

or Section 89 of the Criminal Procedure Ordinance

A Tenderer (“Declarant”) shall declare the following:- If it and, where applicable, each of its shareholders, has/have obtained any conviction of an offence under of an offence under the Employment Ordinance (Cap. 57) or Employee’s Compensation Ordinance (Cap. 282) which individually carries a maximum fine corresponding to Level 5 or higher within the meaning of Schedule 8 to the Criminal Procedure Ordinance (Cap. 221), section 17I(1), 38A(4) or 41 of the Immigration Ordinance (Cap. 115), section 89 of the Criminal Procedure Ordinance (Cap. 221) or section 7, 7A or 43E of the Mandatory Provident Fund Schemes Ordinance (Cap. 485) any time within the 5 years’ period preceding the Tender Closing Date for the performance of a Government service contract or private business contract up to the month preceding the Tender Closing Date :

*Yes / *No (*Please delete as appropriate)

If yes, please complete the following table:

Date of Offence

Name of the Convicted Person and its relationship with the

Tenderer (if it is not the Tenderer)

Location of Offence

Date of Conviction

Offence Convicted

Sentence

(Use separate sheets if required)

(i) I/We hereby declare that all information given above and contained in any additional sheets attached hereto are correct. I/We understand that if any of the information contained in this Clause is found to be incorrect, my/our tender will not be further considered, or my/our Contract will be terminated in accordance with Clause 24 of the General Conditions of the Contract if I am/we are awarded the Contract.

(ii) To whom it may concerns, we hereby consent to the release or the provision to the Director of Agriculture, Fisheries and Conservation or his authorised officer of all information relating to our conviction, if any, under the aforesaid ordinances and hereby authorise the Director of Agriculture, Fisheries and Conservation or his authorised officer to obtain such information from any person in possession of it for the purposes of assessment of our tender in this tendering exercise and subsequent management of the Contract.

Notes: The statement shall be certified by an authorized person of the Tender who is duly authorized by the Tenderer to execute contracts with the Government.


Name of person authorised to sign tender for and on behalf of the Tenderer :

Name of Tenderer in Chinese and English :

Address of the Registered Office of Tenderer

Correspondence address of Tenderer (if different from above)




Schedules

BLANK PAGE


Schedules


Part A: Tenderers are required to provide in detail proposed management plan, work plan and contingency plan for this Contract in Schedule 6. The plans are suggested to cover the aspects listed below. The submitted information will form part of the tender to be evaluated by the Government. Tenderers may also include other materials as appropriate to facilitate consideration of their offer by the Government.

(a) Management plan the organization chart for this Contract, including off-site management and on-site staff

to be deployed by the Tenderer for this Contract with details of responsibilities of the Contract Manager and other grades of staff;

capability to provide sufficient relief workers to relieve those on leave (including rest days, holidays, trainings and leave);

the approach to ensure the performance quality, including but not limited to a supervisory plan of the staff and accountability held for unsatisfactory performance, approach to remedy performance default and to prevent the re-occurrence of any sub-standard services; and

mechanisms on checking staff attendance, discipline, performance quality and compliance with safety regulations and other relevant legislative requirements while performing duties.

(b) Work Plan the daily / weekly / fortnightly / monthly work programmes and plans in a sampled

month to meet the work schedules and performance requirements stated in Schedule 4;

the distribution of work for staff and deployment of staff and resources for completing the Services and meeting the performance requirement;

training programmes and refresher training programmes to be provided for Tenderer’s operational and supervisory staff for the performance of the Services and the safety measures to be adopted in carrying out the Services; and

arrangement during transition-in and transition-out.

(c) Contingency Plan the availability of additional resource (including number of workers that could be

mobilized within a specified timeframe) during contingency or emergency situations, such as shortage or absence of staff, during or after typhoon;

details of risk management in case of sudden outbreak of incidents, such as breakdown of electricity supply, injury, epidemic illness or accident;

the ability and arrangement for crowd control management for controlling an ad hoc crowd flow of more than 5,000 persons at short notice; and

the provision of emergency telephone number and complaint hotline with details on handling emergency calls and guidelines/mechanism on handling complaints.


Schedules


Part B: 1. Management Plan

Signed by an authorized signatory for and on behalf of the Tenderer:

Name of person authorized to sign tender for and on behalf of the Tenderer:


Date:


Schedules


2. Work Plan




Date:


Schedules


3. Contingency Plan




Date:


Schedules

Schedule 7

Details of the Bank Account for Payment of Monthly Fee

1. Name of Bank :

2. Address of the Branch of the

Bank with which the Account

was opened :

3. Name of Account Holder :

4. Bank Account Number :


Schedules

BLANK PAGE

Tender Ref.: AFCD/WP/02/17 Annex A

Annex A Reply Slip for Tender Briefing Session

To: Wetland Park Senior Supervisor (Operation)

Agriculture, Fisheries and Conservation Department,

Hong Kong Wetland Park

Wetland Park Road,

Tin Shui Wai, New Territories.

(Fax No. : 2617 1158 )

Tender Ref.: AFCD/WP/02/17

Provision of Security Guard Services for the Hong Kong Wetland Park In accordance with Clause 27 of Part 1 – Terms of Tender of the captioned Tender document, the following representative(s) of ____________ __________________ (Name of Company) will attend the tender briefing session as scheduled below: Date: 27 October 2017 Time: 10:00am Venue: Conference Room, Hong Kong Wetland Park, Wetland Park Road, Tin Shui Wai, New Territories

Name Position Contact Tel. No. Fax No.

Mr/Ms*

Mr/Ms*

* Delete whichever is inappropriate.

Tender Ref.: AFCD/WP/02/17 Annex A

BLANK PAGE

Tender Ref.: AFCD/WP/02/17 Annex B

Annex B Provision of Security Guard Services for the Hong Kong Wetland Park

Marking Scheme for Tender Evaluation (Tender Ref. AFCD/WP/02/17)

1. Marking Scheme for Tender Evaluation

The Government will use a Marking Scheme in assessing the tenders. The weighted technical score will carry a weighting of 30% as against a weighting of 70% for weighted price score. Tenderers failing to obtain the passing mark of 4 in each of the criteria 3, 4 and 5 will not be considered further. Upon completion of the technical assessment, the price information will be evaluated. Tender with the highest total combined score will normally be recommended for acceptance.

2. Stage 1 – Completeness Check

Technical proposals of all tenders received will be checked to ensure completeness of the tender submissions. Only those tenders which pass the completeness check will proceed to Stage 2 – Essential Requirement Assessment. A tenderer who failed to submit the following duly completed documents by the Tender Closing Date will not be considered further: (a) Signed Part 4 of the Tender Form – Offer to be Bound; (b) Schedule 2 – Price Proposal with price information duly completed; (c) Schedule 6 – Management Plan, Work Plan and Contingency Plan; and (d) Table 1 of Annex C – Background of Tenderer.

3. Stage 2 – Essential Requirement Assessment

Tenders passing Stage 1 will be checked against all the essential requirements set out in this Clause 3. Failure to comply with any of the following essential requirements will render the tender invalid and the tender will not be considered further. Only those conforming to all the essential requirements will enter into Stage 3 – Technical Assessment.

(a) The Tenderer must have at least THREE (3) aggregated years of experience in provision of security guard services during the ten (10) years immediately prior to the Original Tender Closing Date. Tenderers are required to provide documentary proof (e.g. copy of contract, client’s reference letter, etc.) showing the contract description, contract start date and end date to substantiate the claim of relevant experience in provision of such services either upon tender submission or upon clarification from the Government under Clause 14 of the Terms of Tender. Failing to provide such documentary proof in its tender or within the period specified by the Government Representative may render the experience concerned not to be counted; Note 1:

(i) Experience will be accepted regardless of whether the Tenderer has gained it as a main contractor or sub-contractor.

(ii) For the avoidance of doubt, the experience of a holding company, subsidiary or sub-contractor of the Tenderer will not be considered.

(iii) A Tenderer’s experience under different contracts will not be double-counted for those overlapping periods. The required years of experience is to be counted in days, i.e. “an aggregate of at least three (3) years’ experience” is equivalent to have accumulated not less than 1,095 (i.e. 365 days x 3) days’ experience under a single contract or different contracts. A Tenderer’s experience under different contracts with overlapping periods is to be counted in accordance with the following example:

Contracts Contract Period Contract Period without Overlapping with Another Contract

Number of Days Counted for Accumulated Experience

A 16.4.2011-15.4.2012 16.4.2011-15.4.2012 366


B 1.1.2012-31.12.2012 16.4.2012-31.12.2012 260

C 1.10.2012-30.9.2013 1.1.2013-30.9.2013 273

Total 899

(b) A tender will not be considered for a period of five (5) years from the date of conviction

(hereinafter referred to as “debarment period”) if during the period from 1 May 2006 to the Tender Closing Date, the Tenderer has obtained any convictions under any of the following Ordinances (hereinafter referred to “relevant Ordinances”):

(1) the Employment Ordinance (Cap. 57) and/or the Employees’ Compensation Ordinance (Cap. 282), convictions of which individually carries a maximum fine corresponding to Level 5 or higher within the meaning of Schedule 8 to the Criminal Procedure Ordinance (Cap. 221);

(2) section 17I(1) of the Immigration Ordinance (Cap. 115);

(3) section 89 of the Criminal Procedure Ordinance (Cap. 221) and section 41 of the Immigration Ordinance (Cap. 115);

(4) section 38A (4) of the Immigration Ordinance (Cap. 115); and

(5) sections 7, 7A or 43E of the Mandatory Provident Fund Schemes Ordinance (Cap. 485).

A revised debarment period will only be applicable for the purpose of evaluation for this tender if it is determined by the Central Tender Board under the established review mechanism on or before the day before the Tender Closing Date. For the purpose of this tender, the revised debarment period will become invalid from the date on which the Tenderer has obtained a new conviction under any of the provisions of the relevant Ordinances subsequent to the Central Tender Board’s decision to reduce or revise its debarment period for a previous conviction and the tender offer submitted by the Tenderer shall not be considered for a period of five years from the date of the Tenderer’s latest conviction. For details of the review mechanism, please visit the homepage of the Treasury Branch of the Financial Services and the Treasury Bureau at http://www.fstb.gov.hk/tb/en/government-procurement.htm .

Note 2: (i) For the purpose of Clause 4 (b), if the Tenderer is a partnership, conviction obtained

by any participant of the partnership will also be counted. (ii) The Tenderer shall submit a statement of either “all convictions” or “no conviction” in

respect of the relevant offences under the relevant Ordinances and the dates of all such convictions during the period from 1 May 2006 to the Tender Closing Date and give consent and authorization to the Government to check with the relevant authorities the conviction records in the form as shown in Annex C. A statement shall be submitted in respect of the Tenderer or each participant of the partnership as applicable. For avoidance of doubt, for the purpose of this Clause participant means the company participating in the partnership. The statement shall be certified by an authorized person of the Tenderer who is duly authorized by the Tenderer to execute contracts with Government. Convictions shall be counted irrespective of whether they are obtained in respect of a government or private business contract and irrespective of the type of services offered under the contract. Convictions shall be counted by the number of summonses convicted. Tenderer’s convictions of the relevant offences under appeal or review will still be counted for the purpose of tender evaluation. If a Tenderer is found to have made a false declaration or untruthful revelation of, including but not limited to, its record of convictions of offences under the relevant Ordinances, the Government may, without prejudice to any other rights which it has or may have, refuse to further


consider its tender or terminate forthwith the Contract.

(c) A Tenderer must, as at the tender closing date, not be debarred from submitting a bid for this contract due to its having accumulated, over a rolling period of 36 months, an aggregate of three or more Demerit Points obtained on or after 1 May 2006 from one or more Government bureaux/departments for its non-compliance with the contractual obligations in respect of wages, daily maximum working hours, signing of standard employment contracts and wage payment by means of autopay (payment by cheque is only allowed upon termination of employment contract and is made at the request of the worker concerned) to non-skilled workers (except temporary leave relief of employment period not longer than 7 days) employed for the carrying out of service contracts with the Government. Note 3

Note 3:

(i) A default notice would be issued to the Tenderer concerned for each breach of those contractual obligations set out in Clause 4(c) above. Each default notice would attract one Demerit Point.

(ii) If a Tenderer has accumulated, over a continuous period of 36 months, an aggregate of 3 or more Demerit Points on or after 1 May 2006 from one or more Government bureaux / departments for its non-compliance with those contractual obligations as set out in Clause 4(c) above, the Tenderer is debarred from tendering for this Contract for a period of 5 years from the date the 3rd Demerit Point is obtained. Any tender submitted by a Tenderer who is so debarred from tendering for this Contract will not be considered.

(iii) Demerit Points under appeal will still be counted for the purpose of debarment until it is overruled by the appeal panel set up by the procuring Government department concerned.

(d) The Tenderer must be a company acting under and in accordance with a valid and

subsisting licence within the meaning of the Security and Guarding Services Ordinance (Cap. 460) as at the Tender Closing Date.

(e) No sub-contracting will be considered. A tender containing a sub-contracting proposal will not be further processed and will be disqualified.


4. Stage 3 – Technical Assessment

Assessment Criteria Maximum

Marks

Passing

Mark

Unit

Marks

(M)

Standard Mark (S)

(See Remarks) Marks

Obtained

(M x S)

Remarks/

Basis of

Assessment4 3 2 1 0

1

Year of experience in provision of security guard services in the past ten years immediately prior to the Original Tender Closing Date.

20 Nil 5 Note 1

2 Valid and relevant ISO and/ or OHSAS certifications in the provision of security guard services

12 Nil 4 Note 2

3 Management Plan 16 4 4 Note 3

4 Work Plan 16 4 4 Note 3

5 Contingency Plan 16 4 4 Note 3

6 Proposed monthly wage level of Security Guards for this Contract 20 Nil Note 4

Remarks: 1. Tenderer’s proposal/qualifications in respect of the features mentioned in the assessment

criteria will be rated as follows– For items 1, 3 to 5: Standard score of 4, 3, 2, 1 or 0 will be awarded. For item 2: Standard score of 3, 2, 1 or 0 will be awarded. For item 6: See Note 4.

2. The total technical mark is 100. 3. Tenderers, who fail to obtain the passing mark of 4 in each of the Criteria 3, 4 and 5 will

not be considered further. 4. A maximum weighted technical score of 30 will be allocated to the Tenderer passing this

Stage 3 assessment with the highest technical mark, while the weighted technical score for other Tenderers which have passed the Stage 3 assessment will be calculated by the following formula-

Weighted Technical Score

= 30 x

Mark of the tender offer which is under evaluation and which attained the passing marks in Stage 3

Highest mark attained amongst tender offers which attained the passing marks in Stage 3

5. Tenderers are required to provide documentary proof to substantiate the claim of relevant

experience in provision of such services or accreditation obtained by the Tenderer. Failing to provide such documentary proof within the period specified by the Government Representative may render the experience or accreditation concerned not counted during tender evaluation.

Note 1 : 4 - 9 aggregated years or more 3 - 7 aggregated years or more but less than 9 aggregated years 2 - 5 aggregated years or more but less than 7 aggregated years 1 - More than 3 aggregated years but less than 5 aggregated years 0 - 3 aggregated years but no more

(Explanatory note: Experience of the Tenderer during the same period will only be counted once. Counting of experience of the Tenderer follows Clause 3(a) of the Marking Scheme.)


Note 2 : 3 - Accredited to ISO 9001 and ISO 14001 and OHSAS 18001 in the provision of security guard services and supported with documentary proof of all certificates which are valid as at the Tender Closing Date.

2 - Accredited to any two of ISO 9001 or ISO 14001 or OHSAS 18001 in the provision of security guard services and supported with documentary proof of all certificates which are valid as at the Tender Closing Date.

1 - Accredited to any one of ISO 9001 or ISO 14001 or OHSAS 18001 in the provision of security guard services and supported with documentary proof of the certificate which is valid as at the Tender Closing Date.

0 - No accreditation to any of ISO 9001 or ISO 14001 or OHSAS 18001 in the provision of security guard services as at the Tender Closing Date or failure to provide valid documentary proof.

The Contractor shall remain accredited to the relevant certification(s) in the provision of security guard services throughout the Contract Period if it scores marks under assessment criterion 2 during the tender evaluation.

Note 3 : 4 - Proposed plan is practical and includes information with detailed explanation on each

item as listed in Schedule 6 and with at least one good suggestion which will enhance the services.

3 - Proposed plan is (i) practical and includes information with detailed explanation on all of the items as listed in Schedule 6; or proposed plan is (ii) practical and includes information with detailed explanation on over half of the items and brief information on the remaining items as listed in Schedule 6 and with one or more good suggestions which will enhance the services.

2 - Proposed plan is (i) practical and includes information with detailed explanation on over half of the items and brief information on the remaining items as listed in Schedule 6; or proposed plan is (ii) practical and includes information with detailed explanation on up to half of the items and brief information on the remaining items as listed in Schedule 6 with one or more good suggestions which will enhance the services.

1 - Proposed plan is practical and provides information on all items as listed in Schedule 6.

0 - Proposed plan is impractical, incomplete or does not provide information on any of the items listed in Schedule 6.

The meaning of “all”, “over half” and “up to half” of the listed items of the plans are 4, 3 and 1-2, respectively.

Note 4 : A zero mark will be given to the proposed monthly wage offers equivalent to the prevailing

“Statutory Minimum Wage (SMW) plus rest day rate”, which is derived on the basis of six (6) working days per week, eight (8) working hours per day and thirty-one (31) calendar days in a month. Additional marks might be given for monthly wage offers more than the said monthly wage level of SMW plus paid rest days.

Marks for each tender will be calculated by the following formula: Let P = Proposed monthly wage for Security Guard of the tender being considered

H = Highest proposed monthly wage for Security Guard among the conforming tenders

C = Monthly wage rate of prevailing Statutory Minimum Wage (SMW) plus paid rest days for Security Guards, derived on the basis of thirty-one (31) days (i.e. eight (8) hours of work per day and twenty-seven (27) working days plus four (4) paid rest days per month)

Marks to be accorded = 20 xP – CH – C


Illustrative Example for Tenderer’s Proposed Monthly Wage for Security Guard

Marks scored (example)

Marks scored = P = HK$9,056 H = HK$9,556

20 x 9,056 – 8,556

C = HK$8,556 9,556 – 8,556

= 10.00 (Marks)

(Explanatory note: (i) If the Tenderer has not submitted the proposed monthly wage for Security Guard in

Schedule 3 or P is less than C, the tender will be evaluated but P will be deemed to be equal to C for the purpose of tender evaluation.

(ii) If H is equal to C, no marks will be given. (ii) Figure larger than or equal to 0.005 will be rounded up to 0.01 whereas figure below

0.005 will be rounded down to 0.)

5. Stage 4 - Price Assessment

Upon completion of the technical assessment, the Tender Assessment Panel will base on the Estimated Contract Sum as stated in Part 1 of Schedule 2 to determine the weighted price score of each tender which passed the Stage 3 Evaluation.

The calculation of weighted price score is:

Weighted Price Score = 70 x

Lowest Tender Price amongst tender offers which passed the Stage 3 Evaluation

Tender Price of the Offer being considered which passed the Stage 3 Evaluation

*Tender Price means the Estimated Contract Sum as specified in Part 1 of Schedule 2.

6. Stage 5 - Calculation of Combined Score

The total combined score of the tenders which passed the Stage 3 Evaluation will then be determined by the formula:

Total combined score : weighted technical score + weighted price score

The Tender with the highest combined score will normally be recommended for acceptance.

Tender Ref.: AFCD/WP/02/17 Annex C

Authorised signature & company chop:

Name of person authorised to sign tender:




Annex C Background of Tenderer

(Please complete and insert into the “Technical Proposal Envelope”)

In accordance with Clause 5 of the Terms of Tender, Tenderers are required to provide the following information -

1. (a) Name of Tenderer: (in English) (in Chinese)

Registered address:

Telephone Number:

(b) Length of business experience: (Experience in the provision of security services within the last 10 years counting back from the Original Tender Closing Date will be evaluated according to the Marking Scheme in Annex B of this Tender document).

Period Length Place of Business

Description of Business

Scale (contract sum, no. of staff)

(*Tenderers must provide description and history of their relevant experience in provision of security services with clear indication on the number of years of relevant experience; and must provide documentary proof to substantiate claims of the relevant experience.)

(c) Proprietor, shareholders/partners of the company/business organisation:







(d) Names and residential addresses of directors or partners (where applicable):

Name and residential address of the Sole proprietor (where applicable):

2. Present Business:







3. Particulars of the Tenderer (Please attach copies of the latest audited or certified financial

statements of the company):

(a) Year of Establishment:

(i) Ownership:

(ii) If a subsidiary, name of parent company:

(b) No. of Staff:

(c) Liability:

(d) Capital (if the Tenderer is a company)

(i) Authorized Capital : (as at )

(ii) Issued Capital : (as at )

(iii) Paid up Capital : (as at )

(e) Net Worth (i.e. Total Assets - Liabilities):

HK$ : (as at )


4. Please indicate, if tender offer is accepted, the method of providing the Contract Deposit pursuant to Clause 16 of the Terms of Tender to the Government of the Hong Kong Special Administrative Region (Please tick as appropriate):

□ in cash, or □ in cashier’s order , or

□ in the form of a banker’s guarantee in accordance with Annex F.

5. Please provide contact person(s) in the event of any queries relating to the tender offer:

Name:

Post Title:

Telephone No.:

6. I/We hereby declare that all information given above and contained in any additional sheets attached hereto are correct. I/We understand that if any of the information contained in this Clause is found to be incorrect, my/our tender will not be further considered, or my/our Contract will be terminated in accordance with Clause 24 of the General Condition of the Contract if I am/we are awarded the Contract.








Tender Ref.: AFCD/WP/02/17 Annex D

Annex D Checklist on Information Submitted by Tenderer

(Please complete and insert into the “Technical Proposal Envelope”) In accordance with Clause 5 of the Terms of Tender, Tenderers should submit the following information for evaluation according to the marking scheme in Annex B. Information provided by Tenderers pursuant to hereunder or in the document specified hereunder will be binding on the successful Tenderers after the Contract has been awarded. (Tenderers’ attention is invited to Clause 3 of the Terms of Tender and the marking scheme in Annex B).

1. Signed Part 4 of the Tender Form – Offer to be Bound. A Tenderer’s failure to provide signed

Part 4 of the Tender Form – Offer to be Bound by the Tender Closing Date will not be

considered further.

Yes □ No □

2. Provide price information in Schedule 2 “Price Proposal” and insert into the “Price Proposal

Envelope”. A Tenderer’s failure to provide Schedule 2 by the Tender Closing Date will not be

considered further.

Yes □ No □

3. Provide Management Plan, Work Plan and Contingency Plan as specified in Schedule 6 and

inserted into the “Technical Proposal Envelope”. A Tenderer’s failure to provide these plans

by the Tender Closing Date will not be considered further.

Yes □ No □

4. Provide information on Tenderer’s relevant experience in provision of security guard services

in Table 1 of Annex C. Substantiate the claimed relevant experience with documentary proof

(at least an aggregate of three (3) years during the ten (10) years immediately prior to the

Original Tender Closing Date) in providing security guard services. A Tenderer’s failure to

provide Table 1 of Annex C by the Tender Closing Date will not be considered further.

Yes □ No □

5. Provide copies of relevant valid quality management accreditation such as ISO 9001, ISO14001 and/or OHSAS 18001.

Yes □ No □

6. Provide monthly wage level of Cleaner and Plumber to be employed for this Contract in

Schedule 3. The completed Schedule 3 has been inserted into the “Technical Proposal

Envelope”.

Yes □ No □

Tender Ref.: AFCD/WP/02/17 Annex D

BLANK PAGE

Tender Ref.: AFCD/WP/02/17 Annex E

Annex E Sample of Accountant’s Certificate for Payment Application

FINANCIAL STATEMENT REQUIRED UNDER

CONTRACT NO. AFCD/WP/02/14

IN RELATION TO THE CONTRACTOR’S PAYMENT APPLICATION NO.

1. DEPLOYMENT AND WAGES OF GUARDS

I/we have examined all the relevant employment agreements, payrolls, books, records, and other supporting documents which I/we deem necessary to ascertain the number and ranks of the guard deployed to the Hong Kong Wetland Park under the above Contract by (the Contractor)

________________________________________________________________ and the wages paid to the guard, I/we hereby certify that the information contained in the attached Statement of Deployment and Wages of Guards are supported by the said agreements, payrolls, books, records and other supporting documents.

(※Accountant’s Signature)

(※Accountant’s Name)

(Date)

※To be certified by a certified public accountant (practising) or a corporate practice

registered under the Professional Accountants Ordinance (Cap. 50).

Tender Ref.: AFCD/WP/02/17 Annex E

Annex E Sample of Accountant’s Certificate for Payment Application

2. DEPLOYMENT AND WAGES OF GUARDS

CONTRACT NO.AFCD/WP/02/17 FOR THE MONTH: , 2018

No. of Sundays in the month: No. of Statutory Holidays in the month:

Rank Name Total Days

on-duty No pay leave

taken (including no pay statutory

holidays)

Wage Received * (W)

Remarks **

SUP G

SUP = Guard Supervisor G = Security Guard

* Wage received refers to that before deduction of employee's contribution to Mandatory Provident Fund.

** Among other things, any non-compliance against the committed maximum average daily working hours for guards

shall be stated. Information on employee’s and employer’s contribution to Mandatory Provident Fund should also be

provided.

(※Accountant’s Signature)

(※Accountant’s Name)

(Date)

※ To be certified by a certified public accountant (practising) or a corporate practice registered under the Professional Accountants Ordinance (Cap. 50).

Tender Ref.: AFCD/WP/02/17 Annex F

Annex F Form of Banker’s Guarantee for the Performance of a Contract

THIS GUARANTEE is made on the ........................... day of ............................…………..... BETWEEN ..................................................................….....................................................................of ................................................................, a bank within the meaning of the Banking Ordinance (Chapter 155 of the Laws of Hong Kong) (hereinafter called the "Guarantor") of the one part and the Government of the Hong Kong Special Administrative Region (hereinafter called the "Government") of the other part. WHEREAS (A) By a contract (hereinafter called the "Contract") dated the <day> of <month year> made between <Name of Contractor> of <Address of Contractor> (hereinafter called the "Contractor") of the one part and the Government of the other part (designated as <Contract Number>), the Contractor agreed and undertook to provide the Services upon the terms and conditions of the Contract. (B) The Guarantor has agreed to guarantee in the manner and on the terms and conditions hereinafter appearing, the due and faithful performance of the Contract by the Contractor. Now the Guarantor HEREBY AGREES with the Government as follows: (1) Where applicable, words and expressions used in this Guarantee shall have the meaning assigned to them under the Contract. (2) In consideration of the Government entering into the Contract with the Contractor:

(a) The Guarantor hereby irrevocably and unconditionally guarantees the due and punctual performance and discharge by the Contractor of all of his, her and their obligations and liabilities under the Contract and the Guarantor shall pay to the Government on demand and without cavil or argument all monies and discharge all liabilities which are now or at any time hereafter shall become due or owing by the Contractor to or in favour of the Government under or in connection with the Contract together with all costs, charges and expenses on a full indemnity basis which may be incurred by the Government by reason or in consequence of any default on the part of the Contractor in performing or observing any of the obligations terms conditions stipulations or provisions of the Contract.

(b) The Guarantor, as a primary obligor and as a separate and independent obligation and

liability from its obligations and liabilities under sub-clause (a) above, irrevocably and unconditionally agrees to indemnify and keep indemnified the Government against and shall pay to the Government on demand and without cavil or argument all losses, damages, costs, charges and expenses on a full indemnity basis suffered or incurred by the Government arising from or in connection with the failure of the Contractor to perform fully or promptly any of his, her or their obligations terms conditions stipulations or provisions of the Contract.


(c) The Guarantor further agrees that all dividends, compositions and payments which the Government may at any time receive from the Contractor or from his, her or their estate or estates, whether in liquidation, bankruptcy or otherwise, in respect of all such losses, damages, costs, charges and expenses shall be taken and applied by the Government as payments in gross, and that this Guarantee shall stand good in respect of the balance to the full amount of _____________.

(3) This Guarantee shall not be affected by any change of name or status in the company, firm or individual described as "the Contractor" or where "the Contractor" is a partnership, any change in the partners or in its constitution. (4) The Guarantor shall not be discharged or released from this Guarantee by any arrangement made between the Government and the Contractor or by any alteration in the obligations imposed upon the Contractor by the Contract or by any waiver or forbearance granted by the Government to the Contractor as to payment, time, performance or otherwise whether or not such arrangement, alteration, waiver or forbearance may have been or is made or granted with or without knowledge or assent of the Guarantor.

(5) Without prejudice to Clause 4 above, the obligations of the Guarantor under this Guarantee shall remain in full force and effect and shall not be affected or discharged in any way by, and the Guarantor hereby waives notice of or assents to:

(a) any suspension, termination, amendment, variation, novation or supplement of or to the Contract from time to time (including without limitation extension of time for performance);

(b) any provision of the Contract being or becoming illegal, invalid, void, voidable or

unenforceable; (c) the termination of the Contract or of the engagement of the Contractor under the

Contract for any reason; (d) any forbearance, variation, extension, discharge, compromise, dealing with exchange,

waiver or renewal in respect of any right of action or remedy that the Government may have, now or after the day of this Guarantee, against the Contractor and/or the negligence, failure, omission, indulgence or delay by the Government in enforcing any right, power, privilege to or remedy available to the Government in relation to the obligations of the Contractor set out in the Contract;

(e) the voluntary or involuntary liquidation, bankruptcy, dissolution, sale of assets,

receivership, general assignment for benefit of creditors, insolvency, reorganisation arrangement, composition, or other proceedings of or affecting the Contractor or its assets, or any change in the constitution of the Contractor;

(f) any assignment, novation or sub-contracting by the Contractor of any or all of its

obligations set out in the Contract; (g) without prejudice to the generality of the foregoing, any fact or event (whether similar

to any of the foregoing or not) which in the absence of this provision would or might constitute or afford a legal or equitable discharge or release of or defence to the Guarantor, other than the express release of its obligations.


(6) This Guarantee shall extend to any variation, novation of or amendment to the Contract and to any agreement supplemental thereto agreed between the Government and the Contractor and for the avoidance of doubt, the Guarantor hereby authorises the Government and the Contractor to make any such amendment, variation, novation or supplemental agreement without its notice or assent. (7) This Guarantee shall have immediate effect upon execution and is a continuing security. This Guarantee shall cover all of the obligations and liabilities of the Contractor under the Contract and shall remain in full force and effect and irrevocable until:

(a) the date falling three (3) months after the expiry of the Contract; or (b) the date on which all the obligations and liabilities of the Contractor under the

Contract have been duly carried out, completed and discharged in accordance with the Contract,

whichever is the later.

(8) This Guarantee is in addition to and shall not merge with or otherwise prejudice or affect any contractual or other right or remedy or any guarantee, indemnity, lien, pledge, bill, note, charge or any other security which the Government may at any time hold (collectively "Other Security") and this Guarantee may be enforced by the Government without first having recourse to any of the Other Security or taking any steps or proceedings against the Contractor, and notwithstanding any release, waiver or invalidity of the Other Security. (9) Any demand, notification or certificate given by the Government specifying amounts due and payable under or in connection with any of the provisions of this Guarantee shall be conclusive and binding on the Guarantor. (10) The obligations expressed to be undertaken by the Guarantor under this Guarantee are those of primary obligor and not as a surety. (11) This Guarantee shall be governed by and construed according to the laws for the time being in force in the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") and the Guarantor agrees to submit to the exclusive jurisdiction of the courts of Hong Kong. (12) All documents arising out of or in connection with this Guarantee shall be served :

(a) upon the Government, at the [*] of <Address> marked for the attention of <_______________________>, facsimile number <______________>;

(b) upon the Guarantor, at ___________________________________________, Hong

Kong, marked for the attention of ____________________________, facsimile number ______________.

(13) Documents to be served under this Guarantee shall be deemed to have been duly served by one party if sent by letter or fax addressed to the other party at the address stated above or to the facsimile number set out above. The documents so served shall be effective (a) on the date of delivery if hand-delivered; (b) on the date of transmission if sent by facsimile; and (c) if despatched by mail (whether registered or not), on the day on which they are tendered for delivery by the


postal authority in Hong Kong. (14) The aggregate amount of the Guarantor's liability under this Guarantee shall not exceed_________________. (15) The Guarantor hereby acknowledges that

(a) the Guarantor should read and fully understand, with the benefit of independent legal advice if necessary, the terms and conditions of this Guarantee before entering into this Guarantee.; and

(b) no Government officer is authorised to advise on, make representations regarding or

amend (other than by a written instrument signed by both the Guarantor and the Government) the terms and conditions of this Guarantee.

IN WITNESS whereof the said Guarantor ....................................... has caused its Common Seal/Seal to be hereunto affixed the day and year first above written.

* The [Common Seal/Seal*] of the said )

Guarantor was hereunto affixed and ) signed by ......................................................................................................

) )

[Name & Title] duly authorised by its board of directors……………….................……………………………............. in the presence of ..........

) ) ) ) )

............................................ [Name & Title]

@ Signed Sealed and Delivered )

for and on behalf of and as ) lawful attorney of the Guarantor ) under power of attorney dated ) .......... and deed of delegation ) dated ..................................... ) by .......................................... ) [Name & Title] ) and in the presence of .......... )

............................................ ) [Name & Title]

* Please delete as appropriate @ See Powers of Attorney Ordinance (Chapter 31 of the Laws of Hong Kong) Note : When banker’s guarantees are executed under power of attorney, a photocopy

of the power of attorney, certified on each page by a Hong Kong solicitor that it is a true and complete copy of the original must be submitted.