Supply of Canteen Items to the Correctional Services Department … · 2019. 6. 17. · Tender Ref. : A4001262016(C0034/2017(MR)) Page 1 Supply of Canteen Items to the Correctional

Tender Ref. : A4001262016(C0034/2017(MR))

Page 1

Supply of Canteen Items to the Correctional Services Department

Part 1 – Interpretation

1. In these Tender Documents, the following words and expressions have the meaning hereby

assigned to them except where the context otherwise requires:

“Companies Ordinance” means the Companies Ordinance (Chapter 622 of the Laws of Hong Kong), as amended from time to time, and, where the context so requires, the repealed Companies Ordinance (Chapter 32 of the Laws of Hong Kong);

“Confidential Information” means any information including, without limitation, all Materials, data and information concerning the CSD, business, accounts, finance, products, detainees at the CSD, or contractual arrangements or other dealings, transactions or affairs of the Government which is classified or considered by the Government as secret, confidential or commercially sensitive or records of personal particulars and any other information and data which is by its nature confidential and which is accessible or obtainable or provided to or obtained by the Contractor or its staff, agents or sub-contractors (or the staff or agents of the sub-contractors) in the supply of the Goods;

“Contingency Plan” refers to the contingency plan submitted by the Contractor and accepted by the Government in accordance with Clause 20 of the Conditions of Contract;

“Contract” means the contract made between the Government and the Contractor for the supply of the Goods on the terms and conditions set out in the Tender Documents and the tender submitted by the Contractor for the Contract including the Schedules, if and to the extent accepted by the Government, and subject to such variation as the Government may stipulate in exercise of its powers under the Tender Documents, or as the parties may agree;

“Contract Deposit” means the deposit as more particularly described in Paragraph 14 of the Terms of Tender and Clause 15 of the Conditions of Contract;

“Contract Period” means the period specified in Clause 1 of the Conditions of Contract, subject to such sooner termination or any extension thereto as provided for in the Contract;

“Contract Sample” has the meaning given to it in Paragraph 9(g)(viii) of the Terms of Tender;

“Contractor” means the Tenderer whose tender is accepted by the Government and includes the Contractor’s personal

Tender Ref. : A4001262016 Page 2

representatives, successors and permitted assignees;

“Controlling Officer” “Correctional Services Department” or “CSD”

means the head of a Penal Institution; means the Correctional Services Department of the Government;

“Date of Acceptance of Offer”

means the date of Letter of Acceptance;

“Department of Health”

means the Department of Health of the Government;

“Electronic Tendering”

means the making and submission of a tender through the e-Tender Box;

“e-Tender Box” means the electronic tendering system adopted by GLD for Tenderers to prepare and submit tenders electronically;

“Estimated Contract Price ” means in relation to a Group to which the Contract relates, the estimated total contract price payable for all the items under the respective Group as specified in Part 1 of Schedule A (Price Schedule);

“Food and Environmental Hygiene Department” or “FEHD”

means the Food and Environmental Hygiene Department of the Government;

“Food Items” refers to all or any of Item 1 to Item 36, 73 and 74, as more particularly described in the Technical Specifications, to be supplied by the Contractor of Group I;

“Force Majeure Event”

means: (a) any supervening outbreak of war affecting Hong Kong

and/or any other parts of the People’s Republic of China, 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 People’s Republic of China, civil war, riot, civil disturbances, fire if not caused or contributed to by the Contractor, its related persons (as defined in Paragraph 32(b) 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 Paragraph 32(b) 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 which, in any case of (a), (b) and (c) above, prevents the performance of the duties and obligations of any party hereunder;

“Good Industry Practice” means the standards, practices, methods and procedures conforming to law and the degree of skill and care, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced person or body engaged in a similar type of undertaking under the same or similar circumstances;

“Goods” or “canteen item(s)”

means the Food Items and/or Non-food Items to be supplied by the Contractor under the Contract;

“Government” means the Government of Hong Kong;

“Government Logistics Department” or “GLD”

means the Government Logistics Department of the Government;

“Government Representative” means the Director of Government Logistics acting for and on behalf of the Government or any other officer nominated by the Director of Government Logistics from time to time for the purpose of this Contract;

“Group” or “Groups” means two groups of canteen items identified as Group I being ‘Food Items’ and Group II being ‘Non-food Items’ as more particularly described in Part 4 –Technical Specifications. References to “Group” mean any one of the above two groups. References to “Groups” to which the Contract relates means the Group(s) as specified in Part 8 – Memorandum of Acceptance.

“Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China;

“Hongkong Post” means the Hongkong Post of the Government;

“Hygiene Manager” in relation to Group I, means a member of the Contractor’s management team who (1) possesses at least one of the qualifications recognised by FEHD*; and (2) will be responsible for ensuring that the Food Items supplied under the Contract are in compliance with local government health and safety regulations including regulations administered by FEHD and the Department of Health. *Qualifications/courses recognised by FEHD are set out in the following websites:


http://www.fehd.gov.hk/english/events/hmhs_scheme/index.htm http://www.fehd.gov.hk/tc_chi/events/hmhs_scheme/index.htm

Other equivalent qualifications may be considered subject to CSD’s approval.

“Intellectual Property Rights” means patents, trade marks, service marks, trade names, design rights, copyrights, domain names, database rights, rights in know-how, new inventions, designs, processes, and other intellectual property rights (of whatever nature and wheresoever arising, whether now known or hereafter created) in each case whether registered or unregistered, and include applications for the grant of any such rights;

“Invitation to Tender” means the invitation to tender for the Contract issued by the Government and subject to the terms set out in these Tender Documents;

“Letter of Acceptance” has the meaning assigned to such term in Paragraph 17 of

the Terms of Tender;

“Locations” means any or all the locations as specified in Schedule D (Delivery Location) and/or such other locations as may be designated by the Government from time to time;

“Marine Department”

means the Marine Department of the Government;

“Materials” means all the reports, works, drawings, charts, tables, graphs, pictures, photographs, plans, models, opinion, comments, specifications, formulae, compilation of data or information such as a table of data and information, documents and materials collected, compiled, developed, produced or created by or on behalf of the Contractor, and their directors, officers, employees, agents (whether individually or jointly with the Government) in relation to and/or in the course of the supply of the Goods or for the purpose of the Contract, which are recorded or stored by whatever means in whatever form or media, all advertising and other publicity materials relating to the Contract, the pre-contractual and contractual documents and all the drafts, uncompleted versions and working papers of any of the above items;

“Non-food Items” refers to all or any of Item 37 to Item 72, as more particularly described in the Technical Specifications, to be supplied by the Contractor of Group II;

“Original Tender Closing Date”

means the latest date by which Tenders must be lodged as stipulated in the “Lodging of Tender” section of the Tender Form regardless of whether the date has been extended subsequently;

“Paper-based Tendering” means the making and submission of a tender in paper

http://www.fehd.gov.hk/english/events/hmhs_scheme/index.htm


form in accordance with the Lodging of Tender section of the Tender Form;

“Partnership” means the relation which subsists between persons carrying on a business in common with a view of profit, whether or not the Partnership Ordinance (Chapter 38 of the Laws of Hong Kong) applies to the Partnership;

“Penal Institutions” means penal institutions under the management and control of CSD within Hong Kong;

“person” includes any individual, firm, company, body corporate and unincorporated (wherever established or incorporated);

“Receiving Officer” means the officer in charge of a Penal Institution or establishment to which any of the Goods are to be delivered or such other officer as he may authorise to accept delivery thereof;

“Rejected Goods” have the meaning given to them in Clause 7(a) of the Conditions of Contract;

“Technical Specifications” means the technical specification as set out in Part 4 of the Tender Documents;

‘Tender” (in upper or lower case)

means a tender submitted by a Tenderer in response to this Invitation to Tender;

“Tender Closing Date” means 1200 hours on 21 April 2017 (Hong Kong time) and as the same may be extended by the Government before 21 April 2017;

“Tender Documents” means the documents as specified in Paragraph 1 of the Terms of Tender;

“Tender Validity Period” has the meaning assigned to such term in Paragraph 11 of the Terms of Tender;

“Tenderer” means a person who or which submits a tender in response to this Invitation to Tender;

“Total Estimated Contract Price”

means the aggregated estimated contract price awarded to the Contractor;

“Unit Price” has the meaning assigned to such term in Paragraph 6(a) of

the Terms of Tender; and “Work Plan” refers to the work plan submitted by the Contractor and

accepted by the Government in accordance with Clause 20 of the Conditions of Contract.


2. In these Tender Documents (including the Contract), unless the context otherwise requires,

the following rules of interpretation shall apply:

(a) references to statutes or statutory provisions shall be construed as references to those statutes or statutory provisions as replaced, amended, modified or re-enacted from time to time; and shall include all subordinate legislation made under those statutes;

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

importing a gender shall include all other genders; references to any person shall include any individual, firm, body corporate or unincorporate (wherever established or incorporated);

(c) headings are inserted for ease of reference only and shall not affect the

construction of the Tender Documents or the Contract; (d) references to a document shall:

(i) include all schedules, appendices, annexures and other materials attached to such document; and

(ii) mean the same as from time to time amended or supplemented in

accordance with the terms of the Tender Documents or the Contract;

(e) references to “Tenderer” or “Contractor” shall include its permitted assigns, successors, or any persons deriving title under them;

(f) references to “Government” shall include its assigns, successors in title, and

persons deriving title under them, regardless of whether or not any of these persons are mentioned separately in the relevant provisions;

(g) references to a “Paragraph” in the Terms of Tender are to a paragraph in the

Terms of Tender; references to a Clause, Sub-clause, Section or Paragraph in or a Schedule, Appendix or any other attachment to a document are to a clause, sub-clause, section or paragraph in or a schedule, appendix or attachment to that document;

(h) references to “law” and “regulation” shall include any constitutional provisions,

treaties, conventions, ordinances, subsidiary legislation, orders, rules and regulations having the force of law and rules of civil and common law and equity;

(i) any word or expression to which a specific meaning has been attached in any part

of the Tender Documents shall bear such meaning whenever it appears in the same and other parts of the Tender Document;

(j) a time of a day shall be construed as a reference to Hong Kong time; (k) references to “normal business hours” mean 0900 to 1800 hours; (l) references to a day mean a calendar day; references to a month or a monthly

period mean a calendar month;


(m) references to “Chapter” followed by a number mean a chapter of the Laws of

Hong Kong; (n) any negative obligation imposed on any party shall be construed as if it were also

an obligation not to permit or suffer the act or thing in question, and any positive obligation imposed on any party shall be construed as if it were also an obligation to procure that the act or thing in question be done;

(o) any act, default, neglect or omission of any employee, licensee, agent or sub-

contractor of the Contractor shall be deemed to be the act, default, neglect or omission of the Contractor;

(p) words importing the whole shall be treated as including a reference to any part of

the whole; (q) the expressions “include” and “including” shall be construed without limitation

to the words following; (r) words and expressions extend to their grammatical variations and cognate

expressions where those words and expressions are defined in the Tender Documents or by reference to any other definition;

(s) references to “writing” include typewriting, printing, lithography, photography,

facsimile and the printed out version of a communication by electronic mail and other modes of representing and reproducing words in a legible form;

(t) where a general obligation in the Tender Documents or the Contract is followed

by more specific obligations, the general obligation shall not be construed restrictively by reference to the specific obligations or deemed to be fully performed by reason only that the specific obligations have been performed; and

(u) all rights and powers of the Government under the Contract may be exercised by

the Government Representative.

3. Nothing in the Contract shall be taken to restrict, derogate from or otherwise interfere with any power or duty, or the exercise or performance of any power or duty conferred or imposed by or under any law upon the Government or any person in the service of the Government.

4. 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) shall, in the absence of manifest error, be final and conclusive.

5. Throughout the Contract and the Tender Documents, references to “Interpretation”, “Terms

of Tender”, “Conditions of Contract”, “Contract Schedules” (or “Schedules”), “Technical Specifications”, “Offer to be Bound” or annexes shall respectively mean such documents as comprised in the Tender Documents.

6. If the Contractor is a Partnership, as the case may be, the liability of each partner of the

Partnership under the Contract shall be joint and several.


7. Supplementary definitions and terms and conditions in relation to Electronic Tendering:

(a) Definitions “Authorised User”

means, in relation to the types of digital certificates referred to in Paragraph 7(b) below: (a) the person who is named in an e-Cert (Personal)

certificate issued by the Hongkong Post or a Personal ID-Cert Class 1 issued by the Digi-Sign Certification Services Limited;

(b) the authorised user in relation to an e-Cert (Organisational) certificate issued by the Hongkong Post or an Organisational ID-Cert Class 5 issued by the Digi-Sign Certification Services Limited;

(c) the authorised delegate in relation to an Organisational

ID-Cert Class 2 issued by the Digi-Sign Certification Services Limited; or

(d) any other person specified or recognised as an

authorised user by the Government under the terms and conditions of the e-Tender Box.

“Electronic Record” has the meaning given to it under the ETO; “ETO” means the Electronic Transactions Ordinance (Chapter 553

of the Laws of Hong Kong); and

“Virus” means a subversive computer programme or piece of code that may corrupt or erase computer data files and/or change the normal behaviour of a computer.

(b) If a Tenderer submits a tender by Electronic Tendering, the Tenderer shall, in addition

to compliance with the Tender Documents, comply with the requirements and other terms and conditions of e-Tender Box as set out or referred to in the e-Tender Box. Tenderers should note that the e-Tender Box only accepts the use of digital certificates specified in the e-Tender Box for submission of tenders.

(c) Execution and Submission of Tenders through e-Tender Box

(i) A tender should be duly submitted by:

(1) if the Tenderer is a sole proprietorship, the Tenderer; (2) if the Tenderer is a Partnership, a partner of the Tenderer; or (3) if the Tenderer is a body corporate, a person who is duly authorised by the

Tenderer to submit a tender for and on behalf of the Tenderer. (ii) For the purpose of (i) above, a tender will be regarded to be submitted by a

particular person if he is the Authorised User of the digital certificate used by the Tenderer to submit its tender.


(iii) If any attachment submitted by a Tenderer via the e-Tender Box:

(1) does not comply with any format or file attachment requirements of the e-Tender Box;

(2) is found to be contaminated with Virus; or (3) is corrupted or otherwise not readable or printable into readable text by the

Government,

the tender will be invalidated and its Tenderer will be notified of such. However, if more than one electronic file is submitted by a Tenderer in accordance with the requirements of the e-Tender Box and some but not all of the files submitted are found to be contaminated with Virus, corrupted or are not readable or printable into readable text by the Government, the Government may at its discretion consider the other files of the tender and evaluate the tender on an “as is” basis.

(iv) The Government will verify the validity of a Tenderer’s digital certificate for

signing its tender with the relevant certification authority specified in the e-Tender Box. If the directory service or revocation list service of that certification authority or its contractor is/are not available for any reason, the Government may postpone the verification process until such time when the directory service or revocation list service (as the case may be) of the certification authority or its contractor is/are resumed or when the tender is opened, whichever is the later. If the verification process is postponed, the Tenderer will be informed of this through an on-screen message and an online acknowledgement of the tender.

(v) A tender will not be considered further if the digital certificate used by the

relevant Tenderer for signing the tender is found invalid upon verification.



Part 2 - Terms of Tender

NOTE: THIS TENDER IS COVERED BY THE AGREEMENT ON GOVERNMENT PROCUREMENT OF THE WORLD TRADE ORGANIZATION

1. Tender Documents

The Tender Documents, identified as A4001262016, comprise the following documents:

(a) “Lodging of Tender” in the Tender Form; (b) Part 1 - Interpretation; (c) Part 2 - Terms of Tender; (d) Part 3 - Conditions of Contract; (e) Part 4 - Technical Specifications; (f) Part 5 - Schedules

- Schedule A (Price Schedule); - Schedule B (Technical Information); - Schedule C (Other Information); - Schedule D (Delivery Locations); - Schedule E (Form of Banker’s Guarantee for the Performance of a Contract);

(g) Part 6 – Annexes - Annex A - Reply slip for Tender Briefing Session; - Annex B - Past consumption on canteen items in 24 months from 1 January

2015 to 31 December 2016 - Annex C - Outlines of work plan and contingency plan; - Annex D - Guidance note GN-1 for contractors and suppliers of Government

Logistics Department; (h) Part 7 – “Offer to be Bound” in the Tender Form; and (i) Part 8 – “Memorandum of Acceptance” in the Tender Form.

2. Invitation to Tender

Tenders are invited for the supply of Food Items and Non-food Items (collectively referred to as “canteen items”) to the Correctional Services Department on the terms and conditions as set out in the Tender Documents. The purpose of this Invitation to Tender is to provide stable and continuous supply of canteen items for the purchase by inmates in various Penal Institutions under the Prisoners Earning Scheme.

3. Tender Preparation

(a) All tenders shall be completed in accordance with this Paragraph and submitted in the manner specified under Paragraph 4 below. All tenders shall be completed in English or Chinese and in ink or typescript.

(b) Each Tenderer must not submit more than one tender, failing which may, at the absolute discretion of the Government, render a tender non-conforming and not to be further considered. No joint submission (i.e. a tender submitted by two or more independent entities) will be considered.

Tender Ref.: A4001262016 Page 11


(c) When completing the Tender Documents, a Tenderer shall ensure that the name of the

Tenderer is the same as the name shown in the Certificate of Incorporation or the Certificate of Change of Name (if any) or equivalent document or its trading name as shown in the Business Registration Certificate or other valid business documents issued by a governmental or competent authority.

(d) A Tenderer must complete and submit the following Tender Documents together with all

documents and information required therein:

(i) “Offer to be Bound” (Part 7 of the Tender Form)* duly signed by the Tenderer in the case of Paper-based Tendering and for avoidance of doubt, it is not necessary to submit separate Offer to be Bound for each Group the Tenderer intends to bid;

(ii) the duly completed Schedule A (Price Schedule) in relation to the Group(s) of items the

Tenderer submits a bid; (iii) the tender samples as required in Paragraph 9(g) in relation to the Group(s) of items

the Tenderer submits a bid; and (iv) Part 1 of Schedule B (Technical Information) in relation to Tenderer’s Experience. A Tenderer should note that its tender for a Group of items will NOT be considered further if before the Tender Closing Date and time the Tenderer fails to submit the documents and information required in Paragraph 3(d)(i) to 3(d)(iv) above.

* A Tenderer must complete and sign on Part 7 of the Tender Form. If a Tenderer provides

the necessary details in its own version of the “Offer to be Bound”, notwithstanding whether the information is the same as the Tender Form, the Tenderer’s Tender will not be considered further.

(e) A Tenderer should submit, before the Tender Closing Date and time, all other

information/supporting documents requested in these Tender Documents or relevant to its tender, including but not limited to the following:

(i) certified true copy of valid Business Registration Certificate(s) or other valid business

document issued by a competent authority; (ii) certified true copy of Certificate of Incorporation and Certificate of Change of Name

(where applicable) if the Tenderer is a limited company; (iii) original or certified true copy of the documents as mentioned in Note (1) to

Paragraph 9(a) (Tenderer’s Experience);

(iv) original or certified true copy of the documents as mentioned in Notes (3) and/or (4), and Note (5) to Paragraph 9(e) (Provision of Marine Vessel);

(v) original or certified true copy of the documents as mentioned in Paragraph 9(f)

(Guarantees of Supplies);



(vi) other Parts in Schedule B (Technical Information) in addition to the ones mentioned in Paragraph 3(d)(iv) above; and

(vii) Schedule C (Other Information)

If a Tenderer fails to submit the information/supporting documents mentioned in Paragraph 3(e) before the Tender Closing Date and time for the Group(s) of items it submits a bid, it may be requested to submit such information/supporting documents to the Government within a period of five (5) working days from the date of request or such other period as specified in the request. If a Tenderer fails to comply with such request, its tender for the respective Group will not be considered further.

(f) For Paper-based Tendering, figures contained in a tender should not be altered or erased unless

the same is 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.

(g) A Tenderer’s tender must cover all items of a Group in Schedule A (Price Schedule). A tender

with partial quotation for a Group will result in the tender for that Group not being considered further.

(h) 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 unless the Government in its absolute discretion elects to negotiate with the Tenderer concerning such counter-proposal. Following such negotiation, if 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.

(i) Under no circumstances whatsoever shall the Government be responsible for or liable to any

Tenderer for the costs and expenses incurred by it in preparing the tender. (j) Nothing in this Paragraph shall limit the Government’s absolute right to determine or to

request any other information/supporting documents in connection with or arising out of this Invitation to Tender.

4. Submission of Tender (a) A Tenderer must submit its completed tender together with all information and documents

required under the Tender Documents through Method 1 - Paper-based Tendering OR Method 2 - Electronic Tendering in accordance with Paragraph 4(a)(i) or 4(a)(ii) below. A tender submitted through other methods (for example, by e-mail or facsimile) will not be considered.



(i) Method 1 - Paper-based Tendering

A Tenderer shall:

(1) submit in TRIPLICATE its tender in a sealed envelope addressed to the person specified in the “Lodging of Tender” section of the Tender Form, and clearly marked “Tender for the Supply of Canteen Items to the Correctional Services Department”; and

(2) deposit its tender at the place specified in the “Lodging of Tender” section of the

Tender Form before the Tender Closing Date and time (Hong Kong time). Late tenders will not be considered.

(ii) Method 2 - Electronic Tendering

(1) A Tenderer shall submit, before the Tender Closing Date and time (Hong Kong

time), softcopies of its tender through the e-Tender Box in accordance with the instructions stipulated therein. (*Note)

*Note: Please refer to Paragraphs 1 and 7 of the Interpretation (Part 1 of the Tender Documents) for the definitions and other terms and conditions in relation to Electronic Tendering.

(2) A tender will not be considered if information required in the e-Tender Box or the

Tender Documents is not successfully transmitted through the e-Tender Box before the Tender Closing Date and time (Hong Kong time).

(b) 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 hours (Hong Kong time) and 1200 hours (Hong Kong time) on the Tender Closing Date, the tender closing time will be extended to 1200 hours (Hong Kong time) on the next working day.

(c) A Tenderer must ensure that there is no discrepancy between the original and the copies of the

documents submitted to the Government. Should any discrepancies be found, the tender may be rejected. Alternatively, the Government may seek clarification or deem the original shall prevail over the copies.

5. Basis of Acceptance (a) Acceptance of this tender will be on a complete group basis (i.e. Group I – Items 1 to 36, 73

and 74; and Group II – Items 37 to 72). A tender with partial quotation for a Group will result in the tender for that Group not being considered further.

(b) The Government is not bound to accept the lowest or any tender and reserves the right to

accept any tender at any time within the Tender Validity Period. (c) Without prejudice to the other rights and powers of the Government under the Tender

Documents, the Government will normally award the Contract to the Tenderer who offers the lowest Estimated Contract Price of a Group among the conforming tenders received for that Group.



6. Prices Tendered

(a) A Tenderer must propose in Schedule A (Price Schedule) all-inclusive unit prices for

Items 1 to 36, 73 and 74 for Group I and/or Items 37 to 72 for Group II (each a “Unit Price”) on an #F.I.S./Hong Kong basis including the charge for delivery of the Goods to the Locations.

# F.I.S. means free into store, i.e. the successful Tenderer is responsible for the cost of

delivery of the Goods to the Locations which may be on Hong Kong Island, in Kowloon, in the New Territories and on outlying islands as specified in the Order. The cost of delivery shall include all costs of carriage (vehicles or vessels) for the conveyance of the Goods, tolls for the use of a road, bridge, harbour tunnel etc., the cost for obtaining all necessary permits, such as Closed Road Permit for Lantau Closed Roads and Prohibited Zone Permit for Tung Chung Road, for all vehicles to reach the Penal Institutions on Lantau Island etc. and stacking of the Goods therein.

(b) A Tenderer’s tender quoting delivery terms other than F.I.S/Hong Kong (e.g. F.O.B.,

C.I.F./Hong Kong) or different rates for different Locations or imposing an additional service charge for delivery to any particular Location will not be considered further.

(c) Tenderers shall ensure that the prices tendered are accurate before submitting their tenders.

The price offers shall include trade and cash discounts and include and be deemed to have included all costs and expenses incidental to the due and proper performance of the Contract. Without prejudice to the power of the Government to negotiate with any Tenderer, under no circumstances shall the Government be obliged to accept any request for price adjustment from the Tenderer.

(d) In relation to the Group(s) of items a Tenderer submits a bid, the Tenderer should enter "N/C"

(i.e. no charge) or other equivalent expression for any of the items offered on a "free of all charges" basis for the respective Group(s). If a Tenderer fails to enter any price quotation for any of the items of the Group(s) the Tenderer submits a bid, subject to any clarification with the Tenderer concerned, it shall be deemed that the Tenderer offers such items free of charge to the Government.

(e) Tenderers’ attention is drawn to the requirements under Clause 19 (Packing Requirements) and

Clause 25 (Buffer Stock) of the Conditions of Contract. Tenderers should take into account the costs that may be incurred for meeting these requirements when preparing their tenders.

(f) All Unit Prices tendered must be in Hong Kong dollars or US dollars. Tenders submitted in

a currency other than Hong Kong dollars or US dollars will not be considered further.

(g) The Unit Prices proposed by a Tenderer must be fixed and may only be adjusted in accordance with Clause 13 (Price Variation) of the Conditions of Contract throughout the Contract Period. A Tenderer’s tender containing any other price variation clause or formula including one based on foreign exchange market fluctuation, will not be considered further.



(h) The Government may require a Tenderer, who in the opinion of the Government, has submitted an unreasonably low price, to justify and demonstrate to the reasonable satisfaction of the Government that such Tenderer is capable of carrying out and completing the Contract. Failing to so justify and demonstrate to the Government’s satisfaction would entitle the Government to reject the tender.

(i) A Tenderer is requested to indicate in the space provided in Part 2 of Schedule A (Price

Schedule) any payment discounts that it offers.

7. Particulars of Offer

(a) As mentioned in Paragraph 3(d) above, a Tenderer is required, in relation to the Group(s) of items it submits a bid, to complete and submit Schedule A (Price Schedule). This shall include providing the particulars, i.e. the place of manufacture, brand and packing size of each of the items offered in Schedule A (Price Schedule) in relation to the Group(s) the Tenderer submits a bid. If the brand and/or packing size of the products offered are missing in Schedule A (Price Schedule) or are different from that provided on the respective tender samples, the information provided on the relevant tender samples will be regarded as the brand and/or packing size of the offered product and will be used for the purpose of tender assessment during the tendering stage and for the purpose of inspection and acceptance of the Goods if the Contract is awarded to the Tenderer.

(b) A Tenderer shall ensure that all the Goods offered (i) shall comply with the requirements in the

Technical Specifications; (ii) shall conform in all respects to the requirements of the applicable laws and Government health and safety regulations, including regulations administered by the Food and Environmental Hygiene Department or the Department of Health, such as Food and Drugs (Composition and Labelling) Regulations (Chapter 132W of the Laws of Hong Kong) and (iii) are not adulterated or misbranded and are not articles which may not be sold in Hong Kong under any applicable law, regulation or code of practice.

(c) Tenderers are required to confirm in Part 6 of Schedule B (Technical Information) that, in

relation to the Group(s) of item they submit a bid, the Goods offered are in compliance with the Technical Specifications. The Government reserves the right not to consider a Tenderer’s tender for the respective Group further if any of the products offered for a Group fails to comply with the requirements in the Technical Specifications.

8. Tenderers’ Response to Government’s Enquiries Notwithstanding anything in the Tender Documents to the contrary, in the event that the Government determines that: (a) clarification of any tender is necessary; or

(b) any document or information (but excluding any document where it is specified the

non-submission of which before the Tender Closing Date and time will lead to disqualification) is missing in a tender at the time of opening of tenders, it may, but is not obliged to, request the Tenderer concerned to make the necessary clarification, or submit the missing document or information. The Tenderer concerned shall thereafter within five (5) working days or such longer period as the Government may allow to submit such clarification



or missing document or information. The tender may not be considered if the clarification or complete document or information is not provided as required by the deadline, or in the case of clarification, the clarification submitted is not acceptable to the Government. As an alternative to seeking clarification or submission, the Government may, at its discretion but not an obligation, proceed to evaluate the tender on an as is basis or disqualify the Tenderer.

9. Essential Requirements

Tenderers must comply with the essential requirements under this Paragraph. If a Tenderer fails to meet ANY of the following essential requirements, its tender for the respective Group will not be considered further.

(a) Tenderer’s Experience (deleted) (b) Delivery Requirements

(i) A Tenderer shall note that a consignment of the Goods:

(1) unless otherwise specified by the Tenderer in Part 2 of Schedule B (Technical

Information) in accordance with Paragraph 9(b)(ii) below, shall be delivered within three (3) working days for all Penal Institutions (including those Penal Institutions located on Lantau Island) accessible by vehicles; and

(2) shall be delivered within five (5) working days for Penal Institutions accessible only by vessels

from the date of an Order.

(ii) A Tenderer may only propose in Schedule B (Technical Information) an alternative

delivery schedule for Penal Institutions accessible by vehicles that is later than the one stipulated in Paragraph 9(b)(i)(1) above for the Government’s consideration. In any case, the alternative delivery schedule for Penal Institutions accessible by vehicles must not be more than five (5) working days from the date of the Order. A delivery schedule that is earlier than the requirements stipulated in Paragraph 9(b)(i) is acceptable.

(iii) A Tenderer is required to confirm in Part 2 of Schedule B (Technical Information) that it will comply with the following delivery requirements should it be awarded the Contract: (Note)

(1) for all Penal Institutions (including those Penal Institutions located on Lantau

Island) accessible by vehicles - within three (3) working days (if no alternative delivery schedule is proposed) or within not more than five (5) working days (if alternative delivery is proposed) from the date of an Order; and

(2) for Penal Institutions accessible only by vessels - within five (5) working days from the date of an Order.

Note to Paragraph 9(b):



(1) If a Tenderer does not complete Part 2 of Schedule B (Technical Information), it shall be deemed that the Tenderer confirms that it will comply with the delivery requirements specified in Paragraph 9(b)(i) above should it be awarded the Contract.

(c) Buffer Stock

A Tenderer is required to confirm in Part 3 of Schedule B (Technical Information) that it

will comply with the buffer stock requirements specified in Clause 25 of the Conditions of Contract should it be awarded the Contract. (Note)

Note to Paragraph 9(c):

(1) If a Tenderer does not complete Part 3 of Schedule B (Technical Information), it shall be

deemed that the Tenderer confirms that it will comply with the buffer stock requirements specified in Clause 25 of the Conditions of Contract should it be awarded the Contract.

(d) Food and Safety Personnel

A Tenderer submitting a bid for Group I is required to confirm in Part 4 of Schedule B (Technical Information) that it will comply with the food and safety personnel requirements as specified in Clause 22 of the Conditions of Contract should it be awarded the Contract. (Note)

Note to Paragraph 9(d):

If a Tenderer submitting a bid for Group I does not complete Part 4 of Schedule B (Technical Information), it shall be deemed that the Tenderer confirms that it will comply with the food and safety personnel requirements as specified in Clause 22 of the Conditions of Contract should it be awarded the Contract for Group I.

(e) Provision of Marine Vessel

A Tenderer must confirm in Part 5 of Schedule B (Technical Information) that it owns, or has acquired the right to use through a rental contract, at least one (1) marine vessel with adequate facilities and equipment for the delivery of the Goods to the Penal Institutions on outlying island(s) (excluding Penal Institutions located on Lantau Island but are accessible by vehicles). For the avoidance of doubt, if a Tenderer submits a bid for both Groups, it is only required to provide information of at least one (1) marine vessel to substantiate compliance with this essential requirement for both Groups. (Note)

Notes to Paragraph 9(e):

(1) A Tenderer is required to provide details of the proposed marine vessel(s) in the

Attachment to Schedule B (Technical Information).

(2) A marine vessel will be regarded as owned by the Tenderer if:

(i) in the case where the Tenderer is a sole proprietorship, it is registered under the name of the Tenderer;



(ii) in the case where the Tenderer is a Partnership, it is registered under the name of the Partnership or the name of one of the partners; or

(iii) in the case where the Tenderer is a limited company registered under the Companies Ordinance, it is registered under the name of the Tenderer.

(3) If the proposed marine vessel is owned by the Tenderer, the Tenderer shall submit a copy

of valid vessel registration document issued by the Marine Department to prove its ownership of the marine vessel(s).

(4) If the proposed marine vessel is to be acquired through rental arrangement, a Tenderer

shall submit:

(i) documentary evidence (i.e. rental contract or letter of intent) showing that the Tenderer has entered or will enter into a rental arrangement in respect of such marine vessel for not less than 36 months’ duration starting from 1 August 2017. The documentary evidence submitted by the Tenderer should contain the name of the marine vessel to be provided during the rental/proposed rental period;

(ii) a copy / copies of valid vessel registration document issued by the Marine

Department; and (iii) a written confirmation issued by the registered owner of the marine vessel (or where

the registered owner is a limited company a duly authorised representative of the registered owner; or where the registered owner is a Partnership, one of the partners), that the Tenderer will have the full right and authority to use the proposed marine vessel to perform the delivery duties required under the Contract should the Tenderer be awarded the Contract.

(5) The registration document of the proposed marine vessel(s) shall remain valid on the

Tender Closing Date.

(f) Guarantee of Supplies

In relation to the Group(s) of items a Tenderer submits a bid, the Tenderer must provide documentary evidence, such as a copy of letter of intent, from the product manufacturer/distributor/supplier for Items 1 to 36 (applicable for Group I) and Items 37 to 70 (excluding Items 67 and 68) (applicable for Group II) that they will guarantee continuous supply of the product(s) to the Tenderer during the Contract Period in case the Contract is awarded to the Tenderer. (Note)

Note to Paragraph 9(f):

(1) The issue date of such documentary evidence shall not be earlier than six (6) months

before the Tender Closing Date. (g) Tender Samples

(i) In relation to the Group(s) of items a Tenderer submits a bid, the Tenderer must submit one (1) pack of each of the products offered (i.e. Items 1 to 36, 73 and 74 (applicable



for Group I) and Items 37 to 72 (excluding Items 67 and 68) (applicable for Group II) as tender samples for evaluation, free of all costs, to :

Officer-in-charge of Samples Procurement Division Government Logistics Department 9/F., North Point Government Offices 333, Java Road, North Point Hong Kong

during office hours (i.e. from 0900 to 1300 hours and 1400 to 1745 hours on a working day) before the Tender Closing Date and time. A receipt for the samples duly signed by the Officer-in-charge of Samples should be obtained as proof of delivery. A Tenderer’s tender of a Group will not be considered further if no sample or insufficient quantities of the samples for the respective Group are submitted before the Tender Closing Date and time.

(ii) A Tenderer is requested to seal its samples in such a manner that they shall not become

loose or cannot be replaced without breaking the seal.

(iii) A label bearing the following information should be attached to each of the samples:

(1) Tender reference number; (2) Brief description of the item; (3) Item number which should be identical to the item number shown in Schedule A

(Price Schedule); and (4) Tender Closing Date.

(iv) Samples may be rejected if they are not properly contained, sealed or labelled in the

manner described in Paragraphs 9(g)(ii) and (iii) above.

(v) The tender samples submitted will be subject to evaluation on the product description, ingredient, and if applicable, weight/volume/size against the Technical Specifications for the respective items so as to ascertain whether or not the offered products comply with the Technical Specifications and the packing requirements as set out in Clause 19(a) of the Conditions of Contract.

(vi) A Tenderer’s tender of a Group will not be considered further if any of the samples

of the respective Group fail to meet any part of the Technical Specifications or the packing requirements stipulated in Clause 19(a) of the Conditions of Contract.

(vii) Samples submitted may not be returned to the unsuccessful Tenderers.

(viii)The samples submitted by the successful Tenderer will be treated as contract samples (“Contract Sample”).



10. Tender Validity Period (a) A tender submitted in response to this Invitation to Tender shall remain valid and open for

acceptance for a period not less than 150 days after the Tender Closing Date (“Tender Validity Period”).

(b) If a Tenderer withdraws its offer before the expiry of the Tender Validity Period, without

prejudice to other rights and claims of the Government, due notice will be taken of the Tenderer’s action which may prejudice its future standing as a Government contractor.

11. Payment Terms

Payment to the successful Tenderer shall be made in accordance with Clause 12 of the Conditions of Contract.

12. Packing Requirements

A Tenderer should note the packing requirements as specified in Clause 19 of the Conditions of Contract.

13. Work Plan and Contingency Plan

A Tenderer should note the requirements on work plan and contingency plan as specified in Clause 20 of the Conditions of Contract.

14. Contract Deposit

(a) The successful Tenderer will be required to furnish, by way of a non-interest bearing contract

deposit, to the Government within twenty-one (21) days from the Date of Acceptance of Offer, a sum of representing two per cent (2%) of the Total Estimated Contract Price as security for the due and faithful performance of the Contract.

(b) The Contract Deposit shall either be in cash, cheque or in the form of a banker’s guarantee

issued by an approved local bank registered under section 16 of the Banking Ordinance (Chapter 155 of the Laws of Hong Kong) and shall be provided in accordance with and subject to Clause 15 of the Conditions of Contract.

(c) Tenderers are required to elect which method of providing a Contract Deposit they prefer in

Part 3 of Schedule C (Other Information).

15. Tender Evaluation Without prejudice to other rights and powers of the Government not to consider a tender under

other applicable provisions in the Tender Documents, the evaluation of tenders will be conducted as follows:



(a) Completeness Check

A completeness check will be conducted by checking whether the tender has been submitted in accordance with the requirements of the Tender Documents.

(b) Assessment of Compliance with Essential Requirements

(i) A tender will be checked for its compliance with the essential requirements as detailed in

the Tender Document. (ii) As part of the tender evaluation, tender samples submitted in accordance with

Paragraph 9(g)(i) above will be subject to sample evaluation in accordance with Paragraph 9(g)(v) above to prove that the offered products are in compliance with the Technical Specifications and the packing requirements stipulated in Clause 19(a) of Conditions of Contract.

(iii) A tender for a Group which fails to meet any of the essential requirements or any sample

of which fails the sample evaluation of the respective Group will not be considered further.

(c) Price Assessment

(i) For those tenders that have passed the completeness check and compliance assessment in

Paragraphs 15(a) and 15(b) above respectively, the Estimated Contract Price of an individual Group in Schedule A (Price Schedule) will be used in the price assessment.

(ii) Any prompt payment discount offered by a Tenderer will not be taken into consideration

in the tender price assessment except when two more conforming offers submit the same Estimated Contract Price of a Group. In such case, the Tenderer that submits the highest (higher) percentage of payment discount for payment within 7 working days will be awarded with the Contract in relation to the Group. If both or all of the Tenderers (as the case may be) submit the same prompt payment discount for payment within 7 working days or none of them submit such payment discount, the other prompt payment discount for payment within 8 to 14 working days will be taken into account in the like manner to determine the winning Tenderer for the Group (if applicable).

(iii) Prices offered in US dollars will be converted to Hong Kong dollars based on the official

opening selling rate of US dollars quoted by the Hong Kong Association of Banks on the Tender Closing Date.

The Contract of a Group of Items will normally be awarded to a Tenderer (i) whose Tender for the relevant Group passes all of the above tender evaluation and is determined to be the most advantageous to the Government; and (ii) who is determined by the Government to be fully capable of undertaking the Contract.

16. Offer to be Bound

All parts of the tender submitted and offered by the Tenderer shall be binding on the Tenderer. A Tenderer is deemed to have satisfied itself as to the correctness of its tender. In the event that a Tenderer discovers an error in its tender after the tender has been deposited, the Tenderer may



correct the same in a separate letter. No request for adjustment or variation whatsoever will be allowed or entertained after the Tender Closing Date.

17. Acceptance of Offer

(a) The successful Tenderer will be issued as an indication of acceptance a letter of acceptance

(“Letter of Acceptance”) by facsimile or by post. A binding Contract between the Government and the successful Tenderer is only constituted: (i) if the Letter of Acceptance is sent by post, at the time of posting; or

(ii) if the Letter of Acceptance is transmitted by facsimile, at the time when a transmission

report is generated by the Government’s facsimile machine, confirming that the Letter of Acceptance has been transmitted to the aforementioned facsimile number.

(b) Any Tenderer who does not receive any notification of the acceptance of its tender within the

Tender Validity Period may deem its tender as unsuccessful.

18. Documents of Unsuccessful Tenderers Documents submitted by unsuccessful Tenderers shall be retained for a period of not less than three (3) years after the Contract has been executed and may be destroyed thereafter.

19. Complaints about Tendering Process

(a) The tendering process is subject to internal monitoring to ensure that the Contract is awarded

properly and fairly. Any Tenderer who feels that its offer has not been fairly evaluated may write to the Director of Government Logistics who will examine the complaint and refer it to the approving authority/relevant tender board for consideration if the complaint relates to the tendering system or procedures followed. The Tenderer should lodge the complaint within three (3) months after the award of Contract.

(b) This Invitation to Tender is covered by the Agreement on Government Procurement of the

World Trade Organization (“WTO GPA”) and the provisions of the WTO GPA will apply to this Invitation to Tender. Tenderers are requested to note that a Review Body on Bid Challenges (under the WTO GPA) (“Review Body”) has been set up by the Government to deal with challenges made against alleged breaches of the WTO GPA. The relevant procedures for handling bid challenges are set out in the Rules of Operation of the Review Body (“Rules”) which are available for inspection at the Secretariat of the Review Body located at the Trade and Industry Department or which may be sent to the interested parties upon request. In the event that a Tenderer believes that a breach of the WTO GPA has occurred, the Tenderer may, within ten (10) working days after it knew or reasonably should have known the basis of the challenge, lodge a challenge to the Review Body on the alleged breaches of the WTO GPA. Nevertheless, the Tenderer is encouraged to seek resolution of its complaint in consultation with the Government before lodging a complaint to the Review Body. In such instances, the Government shall accord impartial and timely consideration to any such complaint, in a manner that is not prejudicial to obtaining corrective measures through the Review Body.



(c) Tenderers are also required to note that the Review Body may receive and consider a late challenge but a challenge shall not be considered if it is filed later than thirty (30) working days after the basis of the challenge is known or reasonably should have been known to the Tenderer.

20. Consent to Disclosure

(a) The Government shall have the right to disclose, without further reference to the successful

Tenderer, whenever it considers appropriate or upon request (written or otherwise) by any third party information on the awarded Contract, the name and address of the successful Tenderer, particulars (including the nature and the quantity) of the Goods and services to be provided by the successful Tenderer under the Contract, the Unit Prices and the Total Estimated Contract Price. In submitting a bid, each Tenderer irrevocably and unconditionally authorises the Government to make and consents to the Government making any of the disclosure aforesaid.

(b) Nothing in Paragraph 20(a) shall prejudice the Government’s power to disclose whenever it

considers appropriate information of any nature whatsoever (whether or not specified in Paragraph 20(a)) if the disclosure is made under any one of the following circumstances: (i) the disclosure of any information to any public officer or public body, as defined in the

Interpretation and General Clauses Ordinance (Chapter 1 of the Laws of Hong Kong) or any other person employed, used or engaged by the Government (including agents, advisers, contractors and consultants);

(ii) the disclosure of any information already known to the recipient;

(iii) the disclosure of any information which is public knowledge;

(iv) the disclosure of any information in circumstances where such disclosure is required pursuant to any law of Hong Kong, a request made by the Review Body mentioned in Paragraph 19, or an order of a court of Hong Kong or a court or tribunal with competent jurisdiction; or

(v) without prejudice to the power of the Government under Paragraph 20(a), to the extent the information relates to a Tenderer, with the prior written consent of that Tenderer.

21. Contractor’s Performance Monitoring

A Tenderer is advised that should the Government award the Contract to it, its performance of the

Contract will be monitored and may be taken into account when the Government evaluates any tenders or quotations that it may submit in future. An offer or tender submitted by a Tenderer who has been in breach of any of its statutory obligations or contractual obligations under any comparable current or past contracts with the Government may not be considered further having regard, including and not limited to, the seriousness and the number of breaches and its or its relevancy to the offer or tender submitted.



22. Verification of Submitted Information/Document By submitting a tender in response to this Invitation to Tender, the Tenderer authorises the Government to obtain from: (a) any person whose particulars are set out in the tender submitted by the Tenderer including its

current/previous clients quoted in its trade experience, the registered owners of marine vessels, the manufacturer(s)/distributor(s)/supplier(s) of the goods offered and any other proposed sub-contractor specified in Schedules, and

(b) any issuing body of any of the certificates or documentary evidence required in the Tender

Documents, all information which the Government considers appropriate and relevant to the evaluation of the tender including information to verify the legitimacy, completeness, authenticity and accuracy of any information or document submitted by the Tenderer. If any consent from any other person is required for the Government to obtain any of the aforesaid information or document, the Tenderer represents that such consent has been duly obtained.

23. Tenderer’s Commitment

All tenders, information and responses from a Tenderer must be submitted in writing. All parts of the tender submitted by the successful 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.

24. Tender Addenda

Should the Government require any amendments, clarifications or adjustments to be made to the Tender Documents for the purpose of tendering, the Government will issue to every prospective Tenderer, who has registered with the Government when obtaining copies of the Tender Documents, numbered addenda giving full details of such amendments. The prospective Tenderer shall acknowledge receipt of these addenda. These addenda if comprising an amendment, clarification or adjustment to any provisions of the Contract, shall form part of the Contract and shall take priority over the documents previously issued.

25. Probable Requirements

(a) Forecast or estimation on the quantities of the Goods required and the Total Estimated Contract Price, and all other information, statistics and forecast set out in the Tender Documents, are provided purely for the Tenderer’s information on an “as is” basis without warranty of any kind. The Government gives no warranty, representation or undertaking that any information, statistics and forecast provided in the Tender Documents or in the Contract are sufficient, accurate, complete, suitable or timely for any purpose whatsoever.

(b) To the maximum extent permitted by laws, the Government does not accept any liability or responsibility for (i) any claim, legal proceeding, liability, loss (including any direct or indirect loss, any loss of revenue, profit, business, contract or anticipated saving), (ii) damage



(including any direct, special, indirect or consequential damage of whatsoever nature) or (iii) any cost or expense, suffered or incurred by any Tenderer arising from the use of, or reliance on, any information, statistics or forecast provided in the Tender Documents, or otherwise that the actual price payable on and subject to the Contract do not meet the expectation or projection of any Tenderer or do not recoup the investment cost incurred or by any margin of the Total Estimated Contract Price.

(c) Each Tenderer acknowledges to the Government that it has not relied on or been induced to

submit its tender by any representation, warranty, forecast, estimate, or projection given by the Government or any of its officers, employees, agents, advisers, consultants or contractors.

(d) No Tenderer will in any way be relieved from any obligation under the Tender Documents nor

shall it be entitled to claim against the Government on grounds that any information, whether obtained from the Government or otherwise (including information made available by the Government) is incorrect or insufficient. The Tenderer shall make its own enquiries as to the accuracy and adequacy of all such information.

26. Negotiation

The Government reserves the right to negotiate with any Tenderer about the terms and conditions of the offer and the terms and conditions of the Contract.

27. Cancellation of Tender

(a) Without prejudice to the Government’s right to cancel the Invitation to Tender, where there are changes of requirement after the Tender Closing Date for operational or whatever reasons, the Government is not bound to accept any conforming tender and reserves the right to cancel the Invitation to Tender for Group I or Group II or both.

(b) Each Tenderer acknowledges that the Government may not award the Contract if the

Government decides that it is in the public interest to do so.

28. Undisclosed Agency

The person who signs a tender as Tenderer shall be deemed to be acting as a principal unless it discloses therein that it is acting as an agent only, in which case it shall also disclose therein the name, address and the name(s) of the contact person(s) of its principal.

29. Personal Data Provided

(a) The personal data of any individual provided by the Tenderer in the tender will be used for tender evaluation and contract award purposes. If insufficient or inaccurate information is provided, the tender may not be considered.

(b) The personal data provided in the tender may be disclosed to the parties responsible for tender

evaluation in other Government bureaux, departments and non-Government organisations.



(c) Individuals to whom the personal data belongs 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 (Chapter 486 of the Laws of Hong Kong). The right of access includes the right to obtain a copy of the personal data provided in the tender.

(d) Enquiries concerning the personal data collected by means of the tender, including the making

of access and corrections, should be addressed to the Personal Data Privacy Officer of GLD.

30. Disqualification of Tenders

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.

31. Offering Gratuities

The Tenderer shall not, and shall ensure that its agents and employees shall not, offer or give any advantage as defined in the Prevention of Bribery Ordinance (Chapter 201 of the Laws of Hong Kong) to any agent or employee of the Government Representative. Any breach of or non-compliance with this Paragraph by the Tenderer, or any of its agents and employees shall, without affecting the Tenderer’s liability for such breach or non-compliance, invalidate its tender, and if the Contract has been awarded to the Tenderer without knowing the breach, the Government shall be entitled to immediately terminate the Contract and claim for all losses and costs incurred.

32. Government Discretion

(a) Notwithstanding anything to the contrary in these 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;

(ii) in the sole judgment of the Government, the Tenderer is not considered fit and proper to perform the Contract;

(iii) if a false, inaccurate or incomplete statement or representation or forged document is found 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 CSD 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 the Invitation to Tender knowingly or recklessly that the Tenderer will not be able to fulfil or deliver such promise or proposal;

(iv) if a claim is made alleging, or the Government has grounds to believe that some product(s) or material(s) 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 24 months prior to the 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 to the Government.

(b) In Paragraph 32(a),

(i) if the Tenderer is a company, the expression “related person” of the Tenderer includes any one of the following:

(1) a shareholder (corporate or individual) which directly or indirectly beneficially

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

(2) a holding company or a subsidiary of the Tenderer;

(3) a holding company or a subsidiary of a majority shareholder of the Tenderer; or

(4) 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 the composition of its board of directors.

The expressions “holding company” and “subsidiary” have the meanings given to them in

the Companies Ordinance.

(ii) if the Tenderer is a sole proprietor or Partnership, the expression “related person” includes any one of the following:

(1) any partner of the Tenderer (if it is a Partnership);

(2) 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

(3) 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 the composition of its board of directors.

33. New Information Relevant to Qualified Status

Tenderers should inform the Government Representative in writing immediately of any factor, which might affect their qualified status. The Government reserves the right to review their qualified status in the light of any new information relevant to their qualification.

34. Anti-Collusion

(a) By submitting a tender, a Tenderer is regarded to have represented and warranted to the Government that in relation to the Invitation to Tender:



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

Government the amount of any price submitted in its tender;

(ii) it has not fixed and will not fix the amount of any price submitted in its tender by arrangement with any person;

(iii) it has not made and will not make any 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 process of offering tender.

(b) In the event that a Tenderer is in breach of any of the representations and/or warranties in

Paragraph 34(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, withdraw its acceptance of the tender; and

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

(c) By submitting a tender, a Tenderer is regarded to have undertaken to 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 Paragraph 34(a).

(d) A breach by a Tenderer of any of the representations and/or warranties in Paragraph 34(a) may

prejudice its future standing as a Government contractor or tenderer. (e) Paragraph 34(a) shall have no application to Tenderer’s communications in strict confidence

with its own insurers or brokers to obtain an insurance tender for computation of the prices quoted in its tender, or with its professional advisers, consultants or sub-contractors to solicit their assistance in preparation of its tender.

(f) The rights of the Government under Paragraphs 34(b) to (d) are in addition to and without

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

35. Tenderers’ Enquiries

(a) Any enquiries concerning the tender terms (other than those relating to the Technical Specifications) up to the date of the Tenderer lodging its tender with the Government shall be made in writing to Government Logistics Department (GLD) (Attn.: Senior Supplies Officer (A)) in one of the following ways: (i) through the e-Tender Box of GLD at the website http://www.gldetb.gov.hk, if the

prospective Tenderer has an account under the Procurement and Contract Management System of GLD;

http://www.gldetb.gov.hk/



(ii) by facsimile on facsimile number (852) 2116 0102; or

(iii) by mail to GLD, 9/F., North Point Government Offices, 333 Java Road, North Point, Hong Kong.

(b) Any enquiries relating to the Technical Specifications up to the date of the Tenderer lodging

its tender with the Government shall be made in writing to (and with a copy thereof sent to GLD in one of the ways as set out in Paragraph 35(a) above):

Commissioner of Correctional Services Correctional Services Department (Attn.: Senior Supplies Officer (Central Supplies)) Unit 1001, 10/F., Kerry Warehouse 50 Ka Yip Street Chai Wan Hong Kong

Facsimile: (852) 2870 0563

(c) After lodging a tender with the Government, a Tenderer shall not attempt to initiate any further

contact, whether direct or indirect, with the Government in relation to its tender or the Tender Document. The Government shall have the sole right to initiate any such further contact and all such contacts and any replies of the Tenderer thereof shall be in writing or formally documented in writing.

36. Tender Briefing Session (a) A tender briefing session will be held at 1100 hours on 20 March 2017 at GLD, Room 925,

9/F., North Point Government Offices, 333 Java Road, North Point, Hong Kong. Although attendance at the tender briefing session is not compulsory, prospective Tenderers are strongly advised to attend.

(b) A prospective Tenderer who wishes to attend the tender briefing session should complete the reply slip at Annex A and fax it to the Director of Government Logistics (Attn.: Senior Supplies Officer (A)) on number (852) 2116 0102 before 1745 hours on 17 March 2017. For planning purposes, the number of representatives of each prospective Tenderer is limited to two (2).

(c) Questions for clarification at the tender briefing session may be submitted in writing to the Commissioner of Correctional Services (Attn.: Senior Supplies Officer (Central Supplies)) on number (852) 2870 0563 on or before 1745 hours on 17 March 2017.

(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 at or after 0800 hours on 20 March 2017, the tender briefing session scheduled for that day will be cancelled and the Government will notify prospective Tenderers who have submitted a reply slip of the arrangement of the rescheduled tender briefing session.



37. Environmentally Friendly Measures

(a) GLD is committed to implementing an Environmental Management System for government

procurement, provisioning, inspection, storage and distribution services in accordance with ISO 14001 standards. In this connection, Tenderers are requested to minimise the impact of their activities on the environment and to observe the guidelines in Guidance note GN-1 for contractors and suppliers of Government Logistics Department at Annex D.

(b) The following environmentally friendly measures are recommended in the preparation of the Tender Documents:

(i) All documents should preferably be printed on both sides and on recycled papers. Paper

exceeding 80 gsm is not recommended as a general rule. (ii) Excessive use of plastic laminates, glossy covers or doubled covers should be avoided as

far as possible. Use of recyclable non-glossy art board paper as document covers is recommended.

(iii) Single line spacing should be used and excessive white space around the borders and in

between the paragraphs should be avoided.



Part 3 - Conditions of Contract 1. Contract Period

Subject to any provisions for earlier termination or extension of this Contract, this Contract shall be effective for a period of thirty-six (36) months commencing on 1 August 2017 or the Date of Acceptance of Offer, whichever is the later.

2. The Goods (a) All Goods supplied by the Contractor to the Government under the Contract shall be of

merchantable quality, fit for purpose, and comply with all respects of the Technical Specifications.

(b) Notwithstanding Clause 2(a), the Goods will not be regarded to be “fit for purpose” unless: (i) if the Government has made known to the Contractor any particular purpose for which

the Goods are being bought, the Goods are reasonably fit for the purpose so disclosed by the Government, whether or not that is a purpose for which such goods are commonly supplied; and

(ii) to the extent consistent with any particular purpose referred to in (i) above, the Goods are fit for the purpose for which goods of that kind are commonly bought.

(c) The Contractor shall be liable to the Government under the terms of the Contract whether or

not the Goods are manufactured by it. (d) The Government shall provide the Contractor with drawings and information reasonably

required for the Contractor's guidance in the execution of the Contract free of charge. If required by the Government, the Contractor shall return all such drawings to the Government upon the expiry or early termination of the Contract.

(e) The Contractor shall ensure that the standard and quality of the Goods delivered to all Penal

Institutions are consistent throughout the Contract Period. (f) The Contractor shall guarantee that the storage conditions of the Goods as recommended by

the manufacturer(s) are being adhered to at all times prior to their receipt by the Government.

3. Total Quantities (a) If only one Group of items is awarded to the Contractor, the Government shall be entitled to

place Orders for any combination of the Goods (i.e. any quantities of items within the same Group) provided that the total value is within the range of plus/minus thirty (30) per cent of the Total Estimated Contract Price.

(b) If more than one Group of items are awarded to the Contractor, the Contractor irrevocably

undertakes and agrees to sell and deliver to the Government, in accordance with the terms and conditions of the Contract, such quantity of the Goods, at any combination and any quantities


Part 3 - Conditions of Contract

of items among the awarded Groups, of total value up to one hundred and thirty per cent (130%) of the Total Estimated Contract Price for all the Groups.

(c) Notwithstanding Clauses 3(a) and 3(b) and any other provision of the Contract, the Contractor

agrees that the Government has no obligation to purchase from it such quantity of the Goods, at any combination and any quantities of items among the awarded Groups, which in total value exceeds seventy per cent (70%) of the Total Estimated Contract Price for the Group(s) of items awarded.

(d) For the purposes of Clauses 3(a) to 3(c), the total value of the Goods shall be equivalent to the

total Monthly Payments (defined in Clause 12(a)) for the entire Contract Period payable by the Government.

4. Ordering of Goods

(a) Orders (defined in Clause 4(b)) for the items listed in Schedule A (Price Schedule) will be placed by the Controlling Officers of the Penal Institutions normally twice per month in the quantities as required by individual Penal Institution. Under normal circumstances, Orders will be placed and sent either by post or facsimile transmission to the Contractor.

(b) Whenever required by the Government by a written order signed by the Government

Representative (“Order”) specifying:

(i) the quantity of the Goods to be supplied and delivered to the Government; (ii) the destination for delivery of the Goods referred to in (i);

(iii) the date and time for delivery of the Goods referred to in (i); and (iv) the conditions, if any, applicable to the delivery of the Goods referred to in (i),

the Contractor shall supply and deliver to the Government the quantity of the Goods so specified in the Order in accordance with the Order and the provisions of the Contract.

(c) Time shall be of the essence as regards each delivery of the Goods specified in an Order.

(d) The Government Representative will delegate the daily responsibility for receiving and

inspecting the Goods to a number of Receiving Officers in the Penal Institutions. The Contractor shall produce, upon each delivery of the Goods, the following documents to the Receiving Officer(s) of the Penal Institutions for inspection:

(i) Delivery Note

The Contractor shall indicate in the delivery note the total number of every item ordered by the relevant Penal Institution(s); and

(ii) Summary Sheet

The Contractor should indicate in the summary sheet the total number of every item in terms of box/packet/weight, etc.



(e) In respect of each Order, the Contractor will, upon delivery of the Goods to the destination (each as specified in the Order), obtain a receipt from the Receiving Officer. For the avoidance of doubt, such receipt shall not constitute an acceptance or acknowledgement by the Government of (i) the Goods delivered, or (ii) the condition, quantity or the nature of such Goods.

(f) Notwithstanding any provision of the Contract, due delivery of any Goods to the Government

shall not be regarded to have taken place unless and until such Goods are accepted by the Government pursuant to the Contract.

5. Documentation

The Contractor shall obtain all necessary export licences, certification and other documentation for the supply and delivery of the Goods to the Government in accordance with the Contract.

6. Inspection and Acceptance

(a) All Goods delivered to the Government shall be subject to an inspection and/or testing as specified in the Contract or as the Government considers appropriate. The Contractor shall provide all reasonable assistance to the Government in relation to all such inspection and testing free of charge. Without prejudice to the generality of the foregoing, the Government Representative may, by giving reasonable prior notice to the Contractor, inspect or test the Goods either in the form of a finished product or in the process of manufacture.

(b) If required by the Government Representative, the Contractor shall deliver to the Government

Representative a proof note or a certificate showing that the Goods have been subjected to and passed the tests referred to in Clause 6(a).

(c) No failure by the Government to make a complaint at any time of an inspection or test, and no

approval or consent given during or after such inspection or test shall constitute a waiver by the Government of any rights or remedies it has or may have in respect of the Goods. The Government reserves all its rights to reject the Goods whether under the provisions of the Contract, in law or otherwise.

(d) No Goods delivered to the Government shall be regarded to have been accepted by the

Government unless and until the earlier of: (i) the date on which the Controlling Officers of the Penal Institutions or the Receiving

Officer serves on the Contractor in respect of such Goods a written notice to the effect that the Government has unconditionally accepted those Goods (“Acceptance Note”); or

(ii) a period of thirty (30) days has expired from the date of a receipt issued under Clause 4(e) in respect of such Goods and no such Goods have been rejected by the Government.



7. Rejection of Goods

(a) (i) If any Goods supplied by the Contractor is not fit for purpose or not of merchantable quality, or fails to comply with the Technical Specifications, the Contract Sample(s) (if applicable), or other provisions of the Contract, notwithstanding any acceptance of the Goods by the Government pursuant to the Contract (including the Government’s issuance of an Acceptance Note), the Controlling Officer of a Penal Institution may reject those Goods by giving a written notice to the Contractor.

(ii) If any Goods supplied by the Contractor is in breach of any warranties as set out in

Clauses 24 and 27 below and such breach cannot be reasonably discovered by the Government at the time of delivery (for example, where the quantity or conditions of the Goods cannot be examined until the packaging is removed), the Controlling Officer of a Penal Institution shall be entitled to reject those Goods by giving a written notice to the Contractor (1) at any time before the expiry date or best of use date indicated in the packaging of an item of the Goods or, (2) if no such date is indicated in the packaging, within twelve (12) months from the date of delivery of such item of the Goods.

(iii) For the purpose of this Clause 7:

(1) “Rejection Notice” means the written notice issued by the Controlling Officer of a Penal Institution pursuant to Clause 7(a)(i) or 7(a)(ii) respectively; and

(2) “Rejected Goods” means any Goods rejected by the Government pursuant to

Clause 7(a)(i) or 7(a)(ii). (b) Upon receipt of a Rejection Notice, the Contractor shall, at its own cost and expense:

(i) replace the Goods and deliver such replacement Goods to the relevant Penal Institution within two (2) working days or such other period of time as specified by the Controlling Officer of the relevant Penal Institution; and

(ii) immediately remove the Rejected Goods. (c) If the Contractor fails to remove and/or dispose of any Rejected Goods in accordance with

Clause 7(b) above, the Government may