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Biodegradable Single Use of Takeaway Food Service Ware RFP/2020/GT/102
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Hong Kong Science and
Technology Parks Corporation
REQUEST FOR PROPOSAL
ON
Provision of Biodegradable Single Use of Takeaway
Food Service Ware
(Ref: RFP/2020/GT/102)
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Table of Contents
1. Introduction ................................................................................................................... 3
2. Background .................................................................................................................... 3
3. Specification ................................................................................................................... 3
4. Business Arrangement ................................................................................................... 7
5. Submission of RFP .......................................................................................................... 8
6. Evaluation Criteria ........................................................................................................ 10
7. Price Proposal - Price Table Template ......................................................................... 11
8. General Conditions of RFP ........................................................................................... 14
9. Purchase Order Terms & Conditions............................................................................ 17
Appendix 1 .............................................................................................................................. 18
Appendix 2 .............................................................................................................................. 19
Annex 1 … ................................................................................................................................. 30
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1. Introduction
The Hong Kong Science and Technology Parks Corporation (“HKSTP”) would like to solicit proposals from vendors
for provision of Biodegradable Single Use of Takeaway Food Service Ware (hereafter referred to as “BSU Wares”)
as shown in Table 1 for a contract period of twenty-four (24) months. The provision of BSU Wares will have to be
fulfilled in accordance with the specifications, terms, and conditions stipulated in this Request for Proposal (“RFP”).
A tenderer is expected to accomplish all the requirements in the specifications, terms and conditions stipulated in
this RFP.
2. Background
Most of retail, food and beverage operators (“RFB Operators”) inside Science Park are using conventional plastic
take-away utensils. In order to help promote and maintain a green and sustainable environment, HKSTP would
like to minimize the use of plastics for single-use takeaway utensils and wares in the Science Park and replace them
with BSU Wares.
3. Specifications The BSU Wares MUST meet or exceed the criteria and specifications set out in this Section of the RFP.
A. Products :
1. To-go packaging (i.e.: boxes, clamshells boxes, bowls, cup, cutlery and containers with separate lids)
2. Type of product range and estimated quantity to be provided and supported by the tenderer:
Item Type of product range required to be
provided
Estimated quantity required to be
provided per month
Bowl 12 oz & below
13-23 oz
24 oz & above
Around 25,000 pcs all together
Meal Box 600 ml & below
601 – 650 ml
651 – 800 ml
801 ml & above
1,000 ml with 2 compartments
Around 25,000 pcs all together
Cup (w/lid) 8 oz & below
9-12 oz
13 oz & above
Around 50,000 pcs all together
Cutlery Knife
Spoon
Fork
Around 36,000 pcs per each item
Table 1
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3. A pressed/engraved logo or logo printed by eco-friendly ink (for HKSTP only – to be confirmed) will be
required on all products in the proposal which should be easily differentiated from other general utensils.
4. All products with the specified logo cannot be offered for caterers outside Science Park within the
contract period.
5. Provide a monthly product ordering statement or record with detailed breakdown. In monthly basis.
6. At least 6% of buffer for the estimated quantity required to be provided per month.
B. Mandatory Criteria :
a) The product must be manufactured in compliance with all applicable laws and regulations.
Documentation Required: In order for the BSU Wares to be considered acceptable for the purposes of this RFP,
a tenderer must submit a written declaration stating that the product offered is manufactured in a facility that
complies with all applicable laws and regulations. The declaration must be written, signed, and dated on the
letterhead of the tenderer or the manufacturer from whom the BSU Wares are sourced and must declare and
state that: (i) the tenderer/ manufacturer have had no violations of any such applicable laws and regulations
in the last three (3) years or that if they have had such violations they have been rectified; and (ii) if the
tenderer/manufacturer is currently under investigation for alleged violation(s) of any such applicable laws and
regulations, to provide full, accurate, complete and up-to-date disclosure and details of such investigation(s).
b) All products must be compliant with U.S. Food and Drug Administration (“FDA”) requirements for its
intended use as a component of packaging for direct contact with food.
Documents required:
Relevant certifications issued by recognized testing laboratories; or
The tenderer must submit a formal declaration stating that the BSU Wares are compliant with FDA
requirements for its intended use as a component of packaging for direct contact with food. The
declaration must be written, signed, and dated on the letterhead of the tenderer or the manufacturer
from whom the BSU Wares are sourced.
c) All BSU Wares supplied by a tenderer under this RFP must contain 100% bio-based carbon content.
Bio-based carbon content is the amount of bio-based carbon as a percent weight of the total amount of carbon
in the product. Biobased carbon content is determined by testing compostable products using the ASTM
Method D6866.
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Documentation Required: The tenderer must provide documentation demonstrating that the bio-based
carbon content of the BSU Ware product it proposes to supply under this RFP meet the above specifications
by being compliant with one or more of the following standards (or any equivalent)::
ASTM Standard D6866: independent laboratory analysis verifying that the product meets the
minimum biobased carbon content required.
USDA’s BioPreferred Program – Biobased Label certification
product’s biobased content is listed on the label.
Vinçotte’s OK Biobased Program: (see http://www.okcompost.be) non-cutlery
products should have a 4-star label. Tenderers must supply Vinçotte certification
demonstrating the exact biobased content of the product since the star ratings are
not completely indicative of the product’s biobased content.
Exception:
BSU Ware products made of 100% UNCOATED wood, bamboo, paper or other obviously fibre-based
material will be deemed as meeting the aforementioned bio-based content requirements but
tenderer must submit samples of the same for HKSTP to verify and assess.
d) The BSU Ware Product MUST NOT contain fluorine or fluorinated compounds.
Documentation Required:
The tenderer must submit a formal declaration stating that no added fluorine or fluorinated
compounds are added to the BSU Ware product it is offering. The declaration must be written, signed,
and dated on the letterhead of the tenderer or of the manufacturer from whom the BSU Wares are
sourced.
If any BSU Ware product is fiber-based (including paper): the tenderer must identify the type of grease
barrier or coating used on the product
e) BSU Ware Product is certified as commercially compostable.
Any BSU Ware product supplied under this RFP by a tenderer must be certified by at least one of the following
recognized organizations/institutions as having met the any of the following standards (or any equivalent
standards):
ASTM D6400: Standard Specification for Compostable Plastics (www.astm.org/Standards/D6400.htm)
ASTM D6868: Standard Specification for Biodegradable Plastics Used as Coatings on Paper and Other
Compostable Substrates (www.astm.org/Standards/D6868.htm)
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DIN EN 13432: Requirements for Packaging Recoverable Through Composting and Biodegradation –
Test Scheme and Evaluation Criteria for Final Acceptance of Packaging
AS 4736: Biodegradable plastics - Biodegradable plastics suitable for composting and other microbial
treatment
International Organization for Standardization (ISO) 17088: Specification for Compostable Plastics
(www.iso.org/iso/catalogue_detail.htm?csnumber=43373)
Documentation Required: The tenderer must provide documentation demonstrating that the BSU Ware
product it proposes to supply to HKSTP is certified as compostable in a commercial facility.
Exception:
If the proposed BSU Ware product is made of uncoated wood, bamboo or another obviously plant-based
material, it will be deemed as having met this mandatory requirement. The tenderer must, however,
disclose the material type of the product it is offering.
f) The BSU Ware product supplied is compostable in a “home/backyard” composting system.
The products are compostable in a home/backyard or on-site composting system.
The product must be certified by a third party as complying with the following
standard or its equivalent:
Documentation Required: Vinçotte’s OK Compost HOME certification or equivalent.
Exception:
If the product is made of uncoated wood, bamboo or another obviously plant-based material, it shall be
deemed as having met this mandatory requirement. The tenderer must, however, disclose the material
type of the product it is offering.
g) At least 5 samples of the BSU Ware product being offered under this RFP must be submitted by a tenderer
for performance testing. All BSU Ware products submitted by a tenderer under this RFP must be able to
tolerate a temperature ranging from 4 to 130o C without melting.
C. Additional Desirable Criteria :
a) Unique and exclusive design.
Tenderers are encouraged to propose unique designs with special shape, color, etc. for the BSU Wares that
will be offered exclusively to HKSTP’s RFB Operators. The design should be easily recognized and easily
differentiated from other general utensils.
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A maximum 5 points will be given to any tenderer that is able to offer exclusive designs for HKSTP.
b) Reducing carbon footprint. Tenderers are encouraged to reduce carbon footprint arising from
transportation by offering BSU Ware products and/or the biobased feedstock required to manufacture such
products, by having manufacturing carried out or primarily carried out in Hong Kong.
A tenderer meeting this criteria will receive:
2.5 points for documentation that identifies the finished product was made in Hong Kong.
2.5 points for documentation that the feedstock is sourced from Hong Kong
Documentation Required: To receive these points, the tenderer must identify where the feedstock and /or
product was produced by providing a letter on the manufacturer’s letterhead and is written, signed, and
dated by the manufacturer.
c) The product is biodegradable in an aquatic environment.
Tenderers are encouraged to offer bio-based BSU Wares that are biodegradable in marine or freshwater
environments.
Documentation Required: A tenderer will receive 5 points if it provides documentation verifying that the
product meets one of the following or equivalent standards:
ASTM D7081, Standard Specification for Non-Floating Biodegradable
Plastics in the Marine Environment
(http://www.astm.org/Standards/D7081.htm)
Holds a current “OK Biodegradable WATER” certification from Vinçotte
(www.okcompost.be/en/recognising-ok-environment-logos/ok-biodegradable-soil-amp-ok-
biodegradable-water).
Automatic full points: Uncoated paper products will automatically qualify for these points.
4. Business Arrangement
The selected tenderer will be awarded a contract to provide the BSU Wares for a period of twenty-four (24)
months. The tenderer should have adequate production capacity that can meet the quantity demands mentioned
in Table 1 above under Section 3 within the contract period. The tenderer should reserve surplus capacity to
provide at least an additional 30% in quantity to meet sudden surge in requests from RFB Operators with a 2-week
delivery lead time. HKSTP has the right to terminate the contract if the tenderer fails to meet the requirement as
stated in Section 3 – Specification, Part A - Products-Item2.
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The selected tenderer will be classified as the “Appointed Supplier” for provision of BSU Wares in Science Park
(hereafter referred to as the “Appointed Supplier”). RFB Operators will place all orders to purchase BSU Wares
directly from the Appointed Supplier during the contract period referred to above.
As the Appointed Supplier, the selected tenderer will be required to submit a report on a monthly basis to HKSTP
that will list out in full the BSU Ware product-type that is ordered and the corresponding quantity that has been
ordered by each RFB Operator in Science Park during that preceding calendar month As the Appointed Supplier,
the selected tenderer should alert HKSTP if any RFB operator places an “out-of-the-ordinary” order for a quantity
of 20% or more than the average monthly purchase of the RFB operator in question. As the Appointed Supplier,
the selected tenderer should issue official receipts to RFB Operators with item no., quantity and price and give full
support and cooperation with HKSTP on any investigation that HKSTP may conduct from time to time as it sees fit
for audit purposes.
5. Submission of RFP
Tenderer should submit the proposal online via HKSTP’s TENDER Website at https://tender.hkstp.org/
The proposal submitted in response to this RFP shall include a technical proposal, a table of compliance (showing
which of the mandatory criteria stated in Section of the RFP that the tenderer meets) and a price proposal.
Guidelines for submitting the Technical Proposal
The Technical Proposal should include, but is not limited to, the information requested in the requirements as
stipulated in this RFP.
The technical proposal should NOT include any pricing information. HKSTP reserves the right to disqualify any
tenderer who have include price information in the technical proposal or fail to comply with the project
requirements.
Technical Proposal
The response to this RFP shall include a technical proposal for the proposed products details with the
corresponding project requirement and compliance. Technical Proposal (without price information) shall include
at least the following:-
1. Company Profile – company size, organization, office/factory location
2. Products Design (Cosmetic and Functional)
3. Comply with specification: -
a) Mandatory Criteria (Appendix 1 – Compliance Checklist);
optional: b) Additional Desirable Criteria
4. Overall Plan On the following:–
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a) Delivery Lead Time
b) Production Capacity
Guidelines for submitting the Price Proposal
The Price Proposal must be submitted in accordance with the requirements set out in Section 7 of this RFP - Price
Proposal - Price Table Template, and duly signed by the authorized representative of the tenderer accompanied
by a company chop, together with any optional proposed items. Price proposal shall be submitted with
breakdown and 1 copy of Non-collusive Tendering Certificate, duly signed by the authorized representative of the
tenderer accompanied by a company chop (Annex 1).
Closing Date:
Tenderer should submit the proposal through HKSTP e-tender system https://tender.hkstp.org/ on or before
3:00PM of 7th Sept, 2020. No late submission will be accepted.
Samples mentioned in Section 3 – Specification Part item g with clear labelling (e.g. tenderer name, volume, etc.)
must be delivered to the following address for performance testing on or before 3:00PM 7th Sept, 2020. No
sample will be returned after the submission.
Mr. YK SHUM
Smart Campus
5/F, Building 5E, Science Park, Shatin
Tel: 2629 6673
Tenderer should, from time to time before the submission deadline, visit our HKSTP TENDER website
https://tender.hkstp.org/ to see if there is any addendum to this RFP.
Enquiries:
All enquiries should be submitted in writing at least seven days before the closing date on the tendering
system ( https://tender.hkstp.org/ ).
Mr. YK SHUM
Email: [email protected]
Tel: 2629 6673
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6. Evaluation Criteria
The tenderer must meet all of the Mandatory Criteria stated in Section 3 – Specification Part B. HKSTP will not
proceed for further assessment once the tenderer fails in any mentioned criteria. The assessment will then be
based on both technical and price element. Tenderer acknowledges that HKSTP has sole discretion whether or
not to accept any or all of tenderer’s proposal irrespective of its prices or technical approach.
Evaluation and Award Process
HKSTP will assess the proposal on a set of pre-determined criteria. The assessment of proposal is 70% based on
technical assessment and 30% based on price element. The technical assessment will include the following areas:-
Technical (70%) 1. Company profile – company size, organization 15%
2. Product Design a) Cosmetic b) Functional
50%
3. Comply with additional desirable criteria 15%
4. Overall Plan a) Delivery schedule b) Production Capacity
20%
Price (30%) Price with detail cost breakdown
100%
An assessment panel will evaluate all returned RFP passed the Mandatory Criteria stated in Section 3 –
Specification Part B. The bid proposal must meet all mandatory criteria and achieve required minimum technical
score (60% out of 100% in technical Assessment) before continuing for consideration.
Tender presentation will be scheduled for HKSTP assessment. In such case, the key project team members who
would engage in this project should attend the presentation and provide briefings on the proposed design,
services, staff experience and implementation plan for this project.
Score Calculation Methodology
Tenderer Technical Score = (Tenderer Point Score / Highest Point Score) x 70%
Tenderer Price Score = (Lowest Price / Tenderer Price) x 30%
Overall Tenderer Score = Tenderer Technical Score + Tenderer Price Score
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Tenderer price will be calculated using the HKSTP supplied price table (Section 7 of this RFP). The price is for
assessment purpose and does not equal to the eventual contract price. The selected tenderer usually would be
the one with the highest overall score.
7. Price Proposal - Price Table Template
RFP – Provision of Biodegradable Single Use of Takeaway Food Service Ware
(Ref: RFP/2020/GT/102)
Please complete the below Price Proposal Table in detail.
Item Bowl (w/ lid)
Est. Qty
(per
month)
(a)
Unit Cost (HKD) (b)
Remark: List out the Cost per every six (6) months
Est. Total Cost Per Year (HKD)
(c )= (a) x (b) x6
Remark: List out the Cost per every six (6)
months
PAR
T A
Type of Product
Range
Qty 1st Six
month
2nd Six
month
3rd Six
month
4th Six
month
1st Six
month 2nd Six
month 3rd Six
month 4th Six
month
12 oz & below 8,000
13-23 oz 13,200
24 oz & above 3,800
Total for Part A (in HKD)
Item Meal Box (w/ lid)
Est. Qty
(per
month)
(a)
Unit Cost (HKD) (b) Remark: List out the Cost per every six (6) months
Est. Total Cost Per Year (HKD) (c )= (a) x (b) x6 Remark: List out the Cost per every six (6) months
PAR
T B
Type of Product
Range
Qty 1st Six
month
2nd Six
month
3rd Six
month
4th Six
month
1st Six
month 2nd Six
month 3rd Six
month 4th Six
month
600 ml & below 4,000
601 – 650 ml 11000
651 – 800 ml 5,500
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Remark:
801 & above 4,000
1000ml with
two
compartments
500
Total for Part B (in HKD)
Item Cup (w/lid) Est. Qty
(per
month)
(a)
Unit Cost (HKD) (b)
Remark: List out the Cost per every six (6) months
Est. Total Cost Per Year (HKD)
(c )= (a) x (b) x6
Remark: List out the Cost per every six (6)
months
Part
C
Type of Product
Range
Qty 1st Six
month 2nd Six
month 3rd Six
month 4th Six
month 1st Six
month 2nd Six
month 3rd Six
month 4th Six
month
8 oz & below 20000
9-12 oz 22000
13 oz & above 8000
Total for Part C (in HKD)
Item Cutlery Package Est. Qty
(per
month)
(a)
Unit Cost (HKD) (b)
Remark: List out the Cost per every six (6) months
Est. Total Cost Per Year (HKD)
(c )= (a) x (b) x6
Remark: List out the Cost per every six (6)
months
Part
D
Type of Product
Range
Qty 1st Six
month 2nd Six
month 3rd Six
month 4th Six
month 1st Six
month 2nd Six
month 3rd Six
month 4th Six
month
Fork 36000
Spoon 36000
Knife 36000
Total for Part D (in HKD)
Total for Part A + Part B + Part C +
Part D (in HKD)
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- Actual requirements shall be expressly stated in the Purchase Order which may be issued by HKSTP as and when
required. HKSTP will not bind itself to order any quantity of any item or any item above.
- Unit price of each item shall remain fixed during the contract period and the extended period (if any).
- HKSTP does not commit to ordering any quantity of any item.
- HKSTP reserves the right to change the items but the above Price Proposal Table should remain valid during the entire
twenty-four (24) month contract term.
- Tenderers are required to follow the format and provide all the required information as set out in this Price Table
Template, without adding to, modifying, or deleting any part of this Price Table Template unless expressly stated for
tenderer to provide additional information. Any tenderer who fails to follow the format of this Price Table Template
may be disqualified and will not be further assessed.
Tenderer should provide detailed breakdown on separate sheet. Various product sizes can be proposed in each Type
of Product Range but the same cost should be applicable to all product sizes under the same Type of Product Range.
We offer to provide the above Goods and/or Services to HKSTP’s RFB Operators at the prices quoted in accordance
with the requirements and the terms and conditions stated in this Request for Proposal. We acknowledge and accept
that the prices submitted above shall only be deemed as accepted by The Hong Kong Science and Technology Parks
Corporation (“HKSTP”) if we are selected by HKSTP as the winning tenderer for this Request for Proposal.
Authorized Signature with Company Chop: ________________________
Name:_________________________
(in block letters)
Title:__________________________
Date:__________________________
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8. General Conditions of RFP
Acceptance / Rejection of Proposal
Any response to this RFP submitted by a tenderer represents a firm offer to contract on the terms and conditions
described in this RFP.
HKSTP will evaluate each proposal in strict confidence. Tenderer acknowledges that HKSTP may elect at its sole
option to accept all or any item or items of the tenderer’s offer and that HKSTP has sole discretion whether or not
to accept any of the tenderer’s proposals or quotation irrespective to its prices. If a quote is submitted on the basis
of an overall acceptance of all the services offered, this must be clearly stated in the Price Table. HKSTP reserves
the right to negotiate with any tenderer about tender offer.
It should be noted that HKSTP is not, under any circumstances, liable or responsible for any costs that are incurred
by tenderer for the preparation of its submission in response to this RFP.
Any proposal or submission that is submitted by a tenderer in response to this RFP represents a firm offer to
contract on the terms and conditions described in this RFP and such offer may not be unilaterally withdrawn by
a tenderer once it has been submitted to HKSTP. If a tenderer is breach of this provision, HKSTP reserves all
rights to seek legal remedy against such tenderer for any financial loss incurred and/or suffered by HKSTP arising
from such breach.
Accuracy of RFP Prices
Tenderer shall make certain that the prices quoted are accurate before submitting its proposal. Under no
circumstances will HKSTP accept any request for price adjustment on the ground that a mistake has been made in
the RFP prices.
Validity of RFP Prices
Tenderer shall make certain that the prices quoted in Hong Kong Dollars and to precise breakdown. All quotations
shall be valid for the contract period.
Alteration and Assumption
No unauthorized alternation or erasure to the text of the RFP document will be permitted. No unauthorized
assumption will be entertained.
Competitive Bidding
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HKSTP encourages free and open competition among tenderers. Tenderer’s signature on its quotation guarantees
that the prices quoted have been established without collusion with other eligible tenderers or informed parties
and without effort to preclude HKSTP from obtaining the lowest possible competitive price.
Award
At no time shall HKSTP be considered to be under any obligation or commitment to purchase any product or
service from a tenderer who submits any proposal in response to this RFP unless and until HKSTP such tenderer
has been officially selected by HKSTP as the winning tender.
Assignment of Contract or Sub-Contracting
If the tenderer is selected as the winning tenderer, it shall not assign or otherwise transfer any of its obligations
and commitments made in its submission and under the terms and conditions referred to in Section 9 below to
any third party or parties without the prior written consent of HKSTP.
Liquidated Damages
If tenderer fails to deliver the goods or complete the services, then it shall follow up all related activities without
any extra cost to HKSTP. HKSTP may without prejudice to any other methods of recovery, deduct the sum of such
damages from any monies due or to become due to the tenderer under this and/or any other contract valid at the
time between HKSTP and the tenderer. The payment or deduction of such damages shall not relieve the tenderer
from the obligations to deliver the goods or complete the services or from any other of its obligations under the
contract.
Work Site Damages
Tenderer shall make sure that there is no damage to the existing system during and after the service assignment.
Any damage to existing utilities, equipment or system resulting from the performance of works during the service
assignment shall be repaired to HKSTP’s satisfaction at the tenderer’s expense.
Confidentiality
Tenderer is under an obligation to protect the interest of HKSTP by not divulging confidential information to any
parties. The tenderer is required to sign a Non-Disclosure Agreement before commencement of contract.
Insurance
Tenderer shall be responsible to provide Employees’ Compensation Insurance coverage for those employed for
the execution of the services under this contract. The tenderer shall indemnify HKSTP against all losses and claims
in respect of injuries or damage to any person, equipment or installation whatsoever which may arise out of or in
connection with the services.
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Green Policy, Health & Safety
For environmental protection, the tenderer should endeavour to minimize any negative impact on the
environment. Wherever possible, recycled/recyclable and reused/reusable materials should be used. Energy
consumption and waste should be minimised.
During the course of its provision of the services, the tenderer should at all times undertake that it and its
employees should comply with all statutory requirements in respect of health and safety and all instructions issued
by HKSTP.
Non-Collusion
The tenderer must ensure that the bid is prepared without any agreement, arrangement, communication,
understanding, promise or undertaking with any other person (except as provided in paragraph 3 of the Non-
collusive Tendering Certificate referred to Annex 1), including regarding price, bid submission procedure or any
terms of the bid. In the event of any breach of this clause by any tenderer, HKSTP reserves the right to invalidate
the bid submitted by that vendor and seek damages.
Bid-rigging is inherently anti-competitive and is considered serious anti-competitive conduct under the
Competition Ordinance (Cap.619). Tenderers who engage in bid-rigging conduct may be liable for the imposition
of pecuniary penalties and other sanctions under the Competition Ordinance.
Upon tender submission, the tenderer shall submit to HKSTP a Non-collusive Tendering Certificate (in the form set
out at Annex 1 to this RFP) duly signed by an authorized person with company chop on the tenderer’s behalf in
Technical Proposal.
If the requested Non-collusive Tendering Certificate is not provided to HKSTP, the tender may be invalidated.
Termination
HKSTP has the right to terminate the engagement of the successful tenderer under this RFQ in accordance with
the provisions contained in HKSTP’s Standard Terms and Conditions for the Purchase of Goods shown in Appendix
2 of this RFP. In addition to the said terms and conditions, if the appointed tenderer fails to deliver the goods
within two (2) weeks of each order being placed by any of HKSTP’s RFB Operators, or complete the services to the
satisfaction of HKSTP and/or HKSTP RFB Operators, HKSTP may terminate the appointment of the selected
tenderer by giving one (1) week’s prior written notice to the selected tenderer.
The appointed tenderer shall be responsible for any cost incurred due to early termination or failure on its part to
deliver the BSU Wares to any of HKSTP’s RFB Operators.
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9. Standard Terms & Conditions
The appointed tenderer selected by HKSTP under this RFP will be required to supply the BSU Wares subject to
HKSTP’s standard terms and conditions for the purchase of goods as shown in Appendix 2 of this RFP. If, after
HKSTP has selected the winning tenderer, HKSTP determines that it is necessary to enter into a formal contract
governing the supply of the BSU Wares, the terms and conditions of the this contract shall supersede HKSTP’s
standard terms and conditions shown in Appendix 2.
-End
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Appendix 1 –Compliance Checklist
Item Category Description
Note: For any required Documentation and/or
Exception, please refer to the Section
3.Specification; B. Mandatory Criteria for detail
Compliance
(Y/N)
Written
Declaration
(Y/N)
Proof
/Report
(Y/N)
a B
Mandatory
Criteria
The product must be manufactured in compliance
with all applicable laws and regulations.
b All products must be compliant with FDA
requirements for its intended use as a component
of packaging for direct contact with food.
c All products offered on this contract must contain
100% biobased carbon content.
d Product may not contain fluorine or fluorinated
compounds.
e Product is certified as commercially compostable.
f The product is compostable in a “home/backyard”
composting system.
g At least 5 samples of the product offered on this contract must be submitted for performance testing by the tenderer.
Please submit Compliance Checklist (Appendix 1) in response to RFP and the Price table
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Appendix 2 – Standard Terms and Conditions for Purchase of Goods
TERMS AND CONDITIONS
(FOR GOODS)
1. INTERPRETATION
The following definitions and rules of interpretation shall apply in these Terms and Conditions.
Definitions
“Business
Day”
: means a day other than a Saturday, Sunday or public holiday in Hong Kong.
“Contract” : means the legally binding contract formed between HKSTPC and the
Supplier for the supply of Goods which consists of these Terms and
Conditions and any relevant provisions relating to the supply of the Goods
that are contained in the Tender Invitation and the Tender Submission and,
if issued by HKSTPC, the Purchase Order.
“Customer
Materials”
: means all equipment, tools, drawings, specifications, data, plans, and any
other materials or information, whether of a confidential nature or not, in
any form or media provided by HKSTPC to the Supplier.
“Delivery
Date”
means the date or dates for the delivery of any of the Goods as specified in
the Purchase Order, the Tender Invitation and/or the Tender Submission, as
the case maybe.
“Delivery
Location”
: means the address or addresses for the delivery of any of the Goods as
specified in the Purchase Order, the Tender Invitation and/or the Tender
Invitation, as the case maybe.
“Force
Majeure
Event”
:
means any acts of God, war, insurrection, riot, civil or social unrest,
sabotage, boycott, embargo, explosion, fire, earthquake, flood,
unavoidable accident, the outbreak of any disease, virus epidemic, riot,
public disorder, violent demonstrations, blockade, government regulations,
legal proceedings.
“Goods” : means the goods that are to be acquired by HKSTPC from the Supplier,
details of which are set out in the Tender Invitation, the Tender Submission
and, if issued by HKSTPC, the Purchase Order.
“HKSTPC” : means Hong Kong Science and Technology Parks Corporation.
“Intellectual
Property Rights”
:
means patents, rights to inventions, copyright and related rights, trade
marks, business names and domain names, rights in designs, rights in
computer software, database rights, rights to use and protect the
confidentiality of confidential information (including but not limited to
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know-how and trade secrets), and all other intellectual property rights, in
each case whether registered or unregistered and including all applications
and rights to apply for and be granted, renewals or extensions of, and rights
to claim priority from, such rights and all similar or equivalent rights or
forms of protection which subsist or will subsist now or in the future in any
part of the world.
“Purchase
Order”
means the purchase order for the Goods which is issued by HKSTPC and
which these Terms and Conditions form an integral part or if, for whatever
reason is not issued by HKSTPC, these Terms and Conditions shall on their
own govern the purchase of the Goods under this Contract.
“Supplier” : means the company or entity who is engaged by HKSTPC to provide the
Goods.
“Tender
Invitation”
: means the request for quotation or the request for proposal, as the case
maybe, that has been issued by HKSTP to invite tender submissions from
third parties (including the Supplier) for the provision of the Goods.
“Tender
Submission”
: means the quotation or proposal, as the case maybe, that is submitted by
the Supplier to HKSTPC in response to the Tender Invitation.
HKSTPC and the Supplier shall, where the context permits, individually be referred to as a
“Party” and collectively as the “Parties”.
2. LEGALLY BINDING CONTRACT
2.1. The Supplier hereby acknowledges and accepts that, notwithstanding whether a Purchase
Order is issued by HKSTPC, it is legally bound by these Terms and Conditions once it has
been selected by HKSTPC as the Supplier pursuant to the selection procedure of the Tender
Invitation.
2.2. HKSTPC shall not be bound by and the Supplier hereby expressly excludes any other terms
and conditions stipulated in any of the Supplier’s forms and documents.
3. WARRANTIES
3.1. The Supplier warrants that, for a period of eighteen (18) months from the date of acceptance
or as otherwise agreed between the Supplier and HKSTPC, the Goods to be rendered to
HKSTPC shall:
3.1.1. correspond with the applicable specification(s), drawing(s), description(s) or
sample(s) provided to HKSTPC;
3.1.2. be new;
3.1.3. be completely free from defects in design, material and workmanship;
3.1.4. be of merchantable quality and fit for their intended purpose made known to the
Supplier by HKSTPC, whether expressly or by implication, and/or as set out in the
Tender Invitation, and which the Supplier acknowledges and accepts that HKSTPC
relies solely on the Supplier’s expertise, experience and judgment to ensure that the
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Goods achieve are merchantable quality and fit for their intended purpose; and
3.1.5. be in compliance with all applicable statutory and regulatory requirements.
3.2. All Goods ordered are subject to final inspection, testing, and acceptance by HKSTPC
which shall be without prejudice to any other rights and remedies available to HKSTPC:
3.2.1. if any Goods do not correspond with the requirements in this Clause 3, HKSTPC
reserves the right to reject the Goods or to require the Supplier to, at the Supplier’s
own cost, take immediate remedial actions;
3.2.2. HKSTPC may conduct further inspection and testing after the Supplier has carried
out the relevant remedial actions;
3.2.3. if the rejected Goods have been paid for, HKSTPC shall have the right to return the
rejected Goods and the Supplier shall, without delay, without any off-set or
deductions (including without limitation for any administrative fees and/or
expenses), refund the paid amount to HKSTPC;
3.2.4. the Supplier shall cover all costs incurred in case of rejected Goods, including but
not limited to all inspection, handling and transportation expenses; and
3.2.5. the Supplier shall remain fully responsible for the Goods until HKSTPC has
accepted the Goods and that any inspection or testing that are conducted by
HKSTPC for the purpose of determining whether the Goods are acceptable shall
not reduce or otherwise affect the Supplier’s obligations under the Contract.
3.3. The Supplier shall ensure that, throughout the term of this Contract, it has and maintains
all relevant licences, permissions, authorisations, consents and permits that it requires in
order to fully carry out its obligations under this Contract.
3.4. The Supplier shall ensure that the Goods are properly packed and secured during shipment
and delivery so as to ensure that the Goods are not damaged when they reach the Delivery
Location.
3.5. Where a Delivery Date is specified for the delivery of any of the Goods, time shall be of
the essence and the Supplier undertakes to HKSTPC that the relevant Goods shall be
delivered to HKSTP:
3.5.1. on the Delivery Date or according to the schedule specified;
3.5.2. to the Delivery Location; and
3.5.3. during HKSTPC’s normal business hours, or as otherwise instructed in writing by
HKSTPC.
3.6. The Supplier shall ensure that quantity of each shipment of the Goods that are delivered to
HKSTPC correspond to the quantity stated in the relevant packing list, bill of lading, airway
bill and/or any other documentation, as applicable, that have been issued by the Supplier
to HKSTPC for the customs clearance.
4. PRICE AND PAYMENT
4.1. Unless otherwise specified in the Purchase Order, Tender Invitation and/or the Tender
Submission, the price(s) submitted by the Supplier for the Goods includes all charges and
expenses directly and indirectly incurred by the Supplier in respect of the performance of
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the Contract including, without limitation, any import fees and/or duties, the cost of
packaging, shipping, insuring and for the delivery of the Goods.
4.2. No extra charges by the Supplier or its agents shall be effective unless agreed in writing
with HKSTPC.
4.3. The Supplier shall, without delay, render to HKSTPC invoices and such other
documentation as HKSTPC may reasonably require including but not limited to any bills
of lading, airway bills, custom forms, export licenses and permits, country of origin
statements, packing lists, delivery receipts and such other documentation..
4.4. Provided that the Goods have been accepted by HKSTPC in accordance with Clause 5
below, HKSTPC shall settle payment for the Goods to the Supplier in Hong Kong Dollars
within thirty (30) days after the relevant invoice date. The Supplier shall not issue any
invoice in respect of any Goods unless and until HKSTPC has confirmed acceptance of the
relevant Goods.
4.5. If HKSTPC fails to fulfill its payment obligation in a timely fashion, it must be given notice
of default and granted a reasonable term by the Supplier to fulfill its payment obligation
before HKSTPC can be deemed by the Supplier to be in default.
4.6. Without prejudice to any other rights of HKSTPC, it shall be entitled to suspend or
withhold payment if the Goods rendered by the Supplier are unsatisfactory to HKSTPC.
4.7. HKSTPC may, in its sole discretion and at any time, set off any liability of HKSTPC to the
Supplier, whether such liability is actual or contingent, liquidated or unliquidated, and
whether or not such liability arises from the provision of the Goods. Any exercise by
HKSTPC of its rights under this Clause 4 shall not limit or affect any other rights or
remedies available to it under the Contract or otherwise.
5. ACCEPTANCE, TITLE AND RISK
5.1. Risk of loss or damage to the Goods shall remain with Supplier until HKSTPC has
expressly given its acceptance of the Goods in writing. Where applicable, HKSTP shall
determine whether to accept the Goods by conducting acceptance testing of the Goods in
accordance with the acceptance testing procedures and criteria as specified in the Contract
and acceptance of the Goods shall be determined by the outcome such testing procedures
and criteria and evidenced by a letter of acceptance from HKSTPC.
5.2. Title in the Goods shall pass from the Supplier to HKSTPC upon express written
acceptance of the Goods by HKSTPC in accordance with Clause 5.1 without prejudice to
any rights to reject, claim damages and/or any other remedies available to HKSTPC after
such express acceptance.
6. REMEDIES
6.1. If the Goods are not delivered on the relevant Delivery Date, or do not comply with the
warranties under Clause 3 or as otherwise agreed in the Contract, then, without limiting
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any of its other rights or remedies, and whether or not it has expressly accepted the Goods,
HKSTPC may exercise any one or more of the following remedies:
6.1.1. terminate the Contract with immediate effect by giving written notice to the
Supplier without liability;
6.1.2. reject the Goods (in whole or in part) by giving notice in writing to the Supplier
before or after delivery and return the rejected Goods to the Supplier at the
Supplier's own risk and expense;
6.1.3. require the Supplier to repair or replace the rejected Goods, or to provide a full
refund of the price of the rejected Goods (if paid);
6.1.4. refuse to accept any subsequent delivery of the Goods which the Supplier attempts
to make;
6.1.5. recover from the Supplier any costs incurred by the Customer in obtaining substitute
goods from a third party; and/or
6.1.6. claim damages for any additional costs, loss or expenses incurred by HKSTPC
which are in any way attributable to the Supplier's failure to perform and fulfil its
obligations under the Contract.
6.2. These Terms and Conditions shall extend to any substitute or remedial Goods provided by
the Supplier.
6.3. HKSTPC's rights and remedies under the Contract are in addition to, and not exclusive of,
any rights and remedies implied by statute and/or common law.
7. INDEMNITY
7.1. The Supplier shall indemnify HKSTPC against all liabilities, costs, expenses, damages and
losses (including but not limited to any direct, indirect or consequential losses, loss of profit,
loss of reputation) and all interest, penalties and legal costs and all other professional costs
and expenses suffered or incurred by HKSTPC arising out of, as a result of or in connection
with:
7.1.1. any claim made against HKSTPC for actual or alleged infringement of a third
party's Intellectual Property Rights arising out of, as a result of or in connection
with the supply or use of the Goods, to the extent that the claim is attributable to
the acts or omissions of the Supplier, its employees, agents or subcontractors;
7.1.2. any claim made against HKSTPC by a third party for death, personal injury or
damage to property arising out of, as a result of or in connection with defects in
Goods, to the extent that the defects in the Goods are attributable to the acts or
omissions of the Supplier, its employees, agents or subcontractors; and
any claim made against HKSTPC by a third party arising out of, as a result of or in
connection with the supply of the Goods, to the extent that such claim arises out of the
breach, negligent performance or failure or delay in performance of the Contract by the
Supplier, its employees, agents or subcontractors.
7.2. This Clause 7 shall survive termination and expiry of the Contract.
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8. TERMINATION
8.1. Without prejudice to any of its other rights or remedies, HKSTPC may terminate the
Contract with immediate effect by giving the Supplier written notice if:
8.1.1. there is a change of control of the Supplier; or
8.1.2. the Supplier’s financial position deteriorates to such an extent that in HKSTPC’s
opinion the Supplier’s capability to adequately fulfil its obligations under the
Contract has been placed in jeopardy; or
8.1.3. the Supplier commits a material breach of any of these Terms and Conditions or any
conditions of the Contract and such breach is irremediable or if such breach is
remediable but the Supplier fails to remedy that breach within a reasonable period of
time as determined by HKSTPC in its sole and absolute opinion; or
8.1.4. the Supplier shall have a receiver or an administrative receiver appointed or shall
pass a resolution for winding-up (other than for the purposes of a bona fide scheme
of solvent amalgamation or reconstruction) or a court of competent jurisdiction shall
make an order to that effect or if the Supplier shall become subject to an
administrative order or shall enter into any voluntary arrangement with its creditors
or suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or
a substantial part of its business.
For the purpose of this Clause 8, the term “control” (including the correlative terms
"controlling", "controlled by", and "under common control with") shall mean possession
directly or indirectly, through one (1) or more intermediaries, of the power to direct or cause
the direction of management and policies of a person, whether through ownership of voting
securities or other equity interests, or by shareholders' agreement or otherwise.
9. CONSEQUENCES OF TERMINATION
9.1. On termination of the Contract for any reason, the Supplier shall immediately deliver to
HKSTPC all materials, information, operating manuals, guides, specifications and any
other information relating to Goods that have already been delivered and accepted by
HKSTPC and return all Customer Materials to HKSTPC. If the Supplier fails to do so or
fails to do so within a reasonable period of time as determined by HKSTPC in its sole and
absolute opinion, then HKSTPC shall have the right to enter the Supplier’s premises and
take possession of all Customer Materials. Until such Customer Materials have been
delivered or returned, the Supplier shall be solely responsible for their safe keeping and
will not use them for any purposes not connected with the Contract.
9.2. Termination or expiry of the Contract shall not affect any of the rights, remedies,
obligations or liabilities of both the Supplier and HKSTPC that have accrued up to the date
of termination or expiry. Clauses that expressly or by implication survive termination of
the Contract shall continue in full force and effect.
9.3. Any provision of the Contract that expressly or by implication is intended to come into or
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continue to be in force on or after termination or expiry of the Contract shall remain in full
force and effect.
10. INSURANCE
10.1. During the term of the Contract, the Supplier shall maintain, at its own cost and with a
reputable insurance company, valid professional indemnity insurance and public liability
insurance coverage for an insured sum that is adequate to cover liabilities that may arise
under or in connection with the Contract and shall, on HKSTPC’s request, produce a
certificate of insurance showing the insured sum.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. The Supplier guarantees that the Goods provided hereunder will not infringe upon any
Intellectual Property Rights of any third party(ies).
11.2. To the extent that any of the Goods incorporate and/or utilize any Intellectual Property
Rights that are owned by the Supplier, the Supplier grants to HKSTPC a fully paid-up,
worldwide, exclusive, royalty-free perpetual and irrevocable licence to use such
Intellectual Property Rights in the Goods. Where the Goods incorporate and/or utilize any
third party Intellectual Property Rights (other than those owned by the Supplier), the
Supplier shall, at the Supplier’s own cost, procure that all such consents, licenses
authorizations and/or permissions have been obtained from such third parties so as to
enable HKSTPC to enjoy the full and unfettered use of the Goods.
11.3. All Customer Materials are the exclusive property of HKSTPC.
12. SAFETY
12.1. The Goods shall be provided by employees, contractors, and agents of the Supplier in a
manner which conforms to the applicable laws and regulations, including, if applicable,
the rules and regulations in the Safety, Health and Environment (SHE) Handbook of
HKSTPC, as well as any procedures and instructions intended to prevent accidents,
injuries and losses.
12.2. All containers for hazardous chemicals and flammable materials shall be labelled
accordingly so as to facilitate proper handling and storage.
13. FORCE MAJEURE
13.1. Neither Party shall be in breach of the Contract nor be liable for delay in performing, or
failure to perform, any of its obligations under the Contract if such delay or failure is
attributable to a Force Majeure Event.
13.2. HKSTPC shall have the right to suspend or cancel the provision of the Goods or any part
thereof in case of a Force Majeure Event and the Supplier shall make the corresponding
adjustments to the total Contract price.
13.3. If a Party is prevented, hindered or delayed from or in performing any of the obligations
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under the Contract due to any Force Majeure event, it shall notify the other Party in
writing of the occurrence of such event and the circumstances thereof within two (2)
Business Days after the occurrence of such event.
13.4. The Party or Parties affected by the event of Force Majeure shall use reasonable efforts
to mitigate the effect thereof upon its or their performance of the Contract and to fulfil its
obligations under the Contract.
13.5. If the performance of the Contract is substantially prevented, hindered or delayed for a
single period of more than thirty (30) days or an aggregate period of more than sixty (60)
days on account of one or more events of Force Majeure, the Parties shall negotiate in
good faith to attempt to develop a mutually satisfactory solution, failing which either
Party may terminate the Agreement by giving written notice to the other, but without
prejudice to either Party's rights.
14. ASSIGNMENT
14.1. The Supplier shall not assign any of its interests, rights and obligations under the Contract
nor shall it subcontract performance of all or any part of the Contract without the prior
written consent of HKSTPC.
15. CONFIDENTIALITY
15.1. The Supplier undertakes that it shall not at any time during the Contract, and for a period
of two (2) years after the termination or expiry of the Contract, disclose to any person any
confidential information concerning the business, affairs, customers, clients of HKSTPC,
except as permitted by Clause 15.2 below.
15.2. The Supplier may only disclose HKSTPC’s confidential information:
15.2.1. To its employees, officers, representatives, subcontractors, or advisors on a need-
to-know basis and for the purposes of performing its obligations under the
Contract. It shall ensure that its employees, officers, representatives,
subcontractors, or advisors to whom it discloses such confidential information
comply with this Clause 15; or
15.2.2. As may be required by law, the court or any governmental or regulatory authority;
or
15.2.3. HKSTPC has given prior written consent to the disclosure of confidential
information.
15.3. Neither Party shall use the other Party’s confidential information for any purposes other
than to perform its obligations under the Contract.
15.4. This Clause 15 shall survive the termination or expiry of the Contract.
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16. WAIVER
16.1. A waiver of any right or remedy under the Contract or by law is only effective if given in
writing and shall not be deemed a waiver of any subsequent right or remedy.
16.2. Acceptance of, or payment for, all or part of the Goods supplied according to the Contract
shall not be deemed to be a waiver by HKSTPC of its right to any remedies, including
but not limited to, claims for any losses, costs incurred or damages, and to cancel all or
any part thereof, due to any delay or failure to abide by these Terms of Conditions, the
Tender Invitation and/or the Tender Submission.
17. AMENDMENTS AND VARIATION Any amendments to the Contract shall only come into effect if agreed by both Parties in writing.
18. GOVERNING LAW AND JURISDICTION
18.1. These Terms and Conditions shall be governed by and construed in accordance with the
laws of the Hong Kong.
18.2. The Parties submit to the exclusive jurisdiction of the courts of Hong Kong.
19. NOTICES
19.1. Any notice or other communication given to a Party under or in connection with the
Contract shall be in writing and shall be delivered by hand or by pre-paid post at its
registered office or its principal place of business; or sent by fax to its main fax number;
or sent by email to the address provided by the Supplier in the Contract.
19.2. A notice or other communication shall be deemed to have been received: if delivered by
hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
if sent by pre-paid post, on the second Business Day after posting; if sent by fax or email,
at the time of transmission, or, if this time falls outside business hours in the place of
receipt, when business hours resume. In this Clause 18.2, business hours means 9.00am
to 6.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
19.3. This Clause 19.2 does not apply to the service of any proceedings or other documents in
any legal action or, where applicable, any other method of dispute resolution.
20. PROBITY
20.1 The Supplier shall observe the Prevention of Bribery Ordinance (Cap. 201) (“PBO”).
The Supplier shall not, and shall procure that its directors, employees, consultants, agents,
contractors and other personnel who are in any way involved in the Goods shall not, offer
to or solicit or accept from any person any money, gifts or advantages (as defined in the
PBO) in relation to the Goods.
20.2 If the Supplier and/or any of its directors, employees, contractors, agents, contractors and
other personnel who are in any way involved in the Goods commit any offence under the
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PBO in relation to this Goods, HKSTPC shall be entitled to terminate this Contract and
shall hold the Supplier liable for any loss or damages HKSTPC may sustain arising from
such termination.
21. ENTIRE AGREEMENT AND SUPERSESSION
21.1. The Parties acknowledge and accept that, subject to Clause 21.3, the Contract constitutes
the entire agreement between them with regard to the Goods and supersedes all prior
agreements, discussions, arrangements and undertakings, if any, between the Parties in
respect of the Goods.
21.2. In the event of any inconsistencies among these Terms and Conditions, the Tender
Invitation and/or the Tender Submission, these Terms and Conditions shall first and
foremost prevail, with the Tender Invitation ranking second in priority and the Tender
Submission ranking third in priority.
21.3. Notwithstanding Clause 21.1, in the event that the Parties enter into a separate legally
binding agreement (the “New Contract”) to govern the terms and conditions upon which
the Supplier is to provide the Goods referred to in this Contract, the Parties acknowledge
and accept that once the New Contract has been duly executed by the Parties, these Terms
and Conditions shall be superseded in their entirety by the New Contract and the provision
of the Goods by the Supplier to HKSTPC the shall be deemed as being governed by the
New Contract from the date upon which the Supplier was selected by HKSTPC under the
Tender Invitation.
22. GENERAL
22.1 No prejudice to rights / waiver: No failure to exercise, or delay in exercising, any right
or remedy under the Contract will operate as a release or waiver of such right or remedy
or any other right or remedy, nor will any single or partial exercise of any right or remedy
under the Contract or provided by law preclude any other or further exercise of it or the
exercise of any other right or remedy. A waiver of any breach of the Contract or any right
of remedy under the Contract shall not be effective, or implied, unless that waiver is in
writing and is signed by the Party against whom that waiver is claimed.
22.2 Severability: If any term in or provision of the Contract is held to be illegal or
unenforceable, in whole or in part, under any enactment or rule of law, the term or
provision shall to that extent be deemed not to form part of the Contract and the
enforceability of the remainder of the Contract shall not be affected and shall be enforced
to the full extent permitted by law.
22.3 Rights cumulative: The rights and remedies provided in the Contract are cumulative
and not exclusive of any rights or remedies provided by law.
22.4 Survival: Termination shall not affect any rights and/or obligations accrued before the
date of termination or any rights and/or obligations or provisions of the Contract
expressed or intended to survive any termination of the Contract.
22.5 Successors and Assigns: The terms and conditions of the Contract shall be binding upon
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and shall inure to the benefit of the successors in interest and the assigns of the Parties,
except that no assignment, transfer, pledge or mortgage by or through either Party in
violation of the provisions of the Contract shall vest any rights in the assignee, transferee,
pledgee, mortgagee or in any occupant.
22.6 Further assurances: Each Party shall execute such further documents and perform and
procure such acts and things as may be necessary give full effect to each Party’s
obligations under the Contract.
22.7 No partnership: Nothing in the Contract shall be construed as creating a partnership,
association, trust or joint venture between the Parties. Neither Party nor any of its
employees, agents, representatives or contractors is deemed an employee, agent,
contractor or representative of the other Party. Neither Party has the authority to bind nor
to incur any liability on behalf of the other and neither is such authority implied.
22.8 Exclusion of third parties: Notwithstanding any other provisions of the Contract and
save for expressly provided for in the Contract, any person who is not a party thereto shall
not have any right under the Contracts (Rights of Third Parties) Ordinance (Cap.623) to
enforce any provisions of the Contract. For the avoidable of doubt, this provision does
not affect any right or remedy of a third party which exists or is available apart from the
said Ordinance.
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Annex 1
Non-Collusive Tendering Certificate
To : Hong Kong Science and Technology Parks Corporation (“HKSTP”)
Dear Sirs,
Non-Collusive Tendering Certificate for [Ref: RFP/2020/GT/102] (the “Contract”)
1. We, ___________________________of ____________________________
(name(s) of the tenderer(s)) (address(es) of the tenderer(s))
__________________________________________________________________
refer to the tender for the Contract (the “Tender”) and our bid in relation to the Tender.
Non-collusion
2. We represent and warrant that in relation to the Tender:
(a) Our bid was developed genuinely, independently and made with the intention to accept the Contract if
awarded;
(b) Our bid was not prepared with any agreement, arrangement, communication, understanding, promise or
undertaking with any person (including any other tenderer or competitor) regarding:
i) prices;
ii) methods, factors or formulas used to calculate prices;
iii) an intention or decision to submit, or not submit, a bid;
iv) an intention or decision to withdraw a bid;
v) the submission of a bid that does not conform with the requirements of the tender;
vi) the quality, quantity, specifications or delivery particulars of the products or services to which this tender
relates; and
vii) the terms of the bid,
and we undertake that we will not, prior to the award of the Contract, enter into or engage in any of the
foregoing.
3. Paragraph 2(b) of this certificate shall not apply to agreements, arrangements, communications, understandings,
promises or undertakings with:
(a) HKSTP;
(b) a joint venture partner, where joint venture arrangements relevant to the bid exist and which are notified to
HKSTP;
(c) consultants or sub-contractors, provided that the communications are held in strict confidence and limited
to the information required to facilitate that particular consultancy arrangement or sub-contract;
(d) professional advisers, provided that the communications are held in strict confidence and limited to the
information required for the adviser to render their professional advice in relation to the Tender;
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(e) insurers or brokers for the purpose of obtaining an insurance quote, provided that the communications are
held in strict confidence and limited to the information required to facilitate that particular insurance
arrangement; and
(f) banks for the purpose of obtaining financing for the Contract, provided that the communications are held in
strict confidence and limited to the information required to facilitate that financing.
Disclosure of subcontracting
4. We understand that we are required to disclose all intended sub-contracting arrangements relating to the Tender
to HKSTP, including those which are entered into after the Contract is awarded. We warrant that we have duly
disclosed and will continue to disclose such arrangements to HKSTP.
Consequences of breach or non-compliance
5. We understand that in the event of any breach or non-compliance with any warranties or undertakings in this
certificate, HKSTP may, at its discretion, invalidate our bid, exclude us in future tenders, pursue damages or
other forms of redress from us (including but not limited to damages for delay, costs and expenses of re-
tendering and other costs incurred), and/or (in the event that we are awarded the Contract) terminate the Contract.
6. Under the Competition Ordinance, bid-rigging is serious anti-competitive conduct. We understand that HKSTP
may, at its discretion, report all suspected instances of bid-rigging to the Competition Commission (the
“Commission”) and provide the Commission with any relevant information, including but not limited to
information on our bid and our personal information.
For and on behalf of:
(Company Name)
Signature with Company
Chop:
(Authorized Signature)
Name & Position:
Date:
Additional signature blocks will need to be used where the tenderer is comprised of multiple parties