HONG KONG HOUSING AUTHORITY General Conditions of Tender

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					                           HONG KONG HOUSING AUTHORITY
                              General Conditions of Tender
                         Commercial Premises let by Rental Tendering



           The Hong Kong Housing Authority (HA) invites tenders for the tenancy/tenancies of the
premises stated in the Special Conditions of Tender.

2.      (a) Tenderers must state the monthly tendered rent they are prepared to offer for a
            1-year tenancy of the shop/shopstall.

        (b) Tenderers should note that under the Tenancy Agreement, the tenant is required
            to pay rates and if the premises are not yet assessed to rates on the
            commencement of the tenancy, the tenant is required to pay to HA monthly in
            advance provisional rates based on an estimate by HA as to the likely amount of
            rates that would be assessed and demanded.

3.         Tenderers must tender for HA’s commercial premises in his personal capacity (at the age
of 18 years or above) or in the name of a limited company.

4.         Tenders will only be accepted from persons/companies who will occupy the premises for
their own use and no assignment, sub-letting or parting with the possession of the premises or any part
thereof will be permitted.

5.         Tenderers should note that the granting of a commercial tenancy does not confer upon the
tenant any exclusive right to any particular trade on the estate and that HA reserves the right to let
other premises on the estate in whatever manner for the same trade according to the needs of the estate
as assessed by HA. Change of user of the premises during the term of the tenancy shall not be
permitted.

6.          A Reference Rent is indicated in paragraph 1 of the Special Conditions of Tender.
Tenderers should note that the Reference Rent is a rent which at the time of the issue of this tender HA
considers to be in line with its expectation based on market information. The Reference Rent is
provided solely for reference purpose only. In the event no tenderer has offered a monthly tendered
rent at or above the Reference Rent, HA may at its absolute discretion determine whether any of the
tenders will be accepted; and HA may if it considers appropriate accept an offer for the monthly
tendered rent which is below the Reference Rent; or to invite the tenderer with the highest offer for the
monthly tendered rent to offer up to the Reference Rent or to a rent which is acceptable to HA. This is
an invitation to offer. HA is not bound to accept an offer with the highest offer of the monthly
tendered rent (whether such offer meets the Reference Rent or not) or any offer at all.




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7.          All tenders should be submitted under the seal of the tenderer, limited companies should
affix their Common Seal and individuals or partnerships should sign the tender under their hand and
seal. Tenderers are required to state the tendered rent they are prepared to offer for the tenancy and to
enclose in the Form of Tender a cheque or a cashier’s order for the exact amount equivalent to two
months’ tendered rent, made payable to HONG KONG HOUSING AUTHORITY. All cheques and
cashier’s orders may be cashed by HA. Any Form of Tender and the cheque or cashier’s order not
made in the prescribed manner will be invalidated. Tenderers should note that the monthly exclusive
tendered rent should be in whole dollars only, exclude cents. Otherwise, the tender will not be
considered.

8.          If any person who signs as Tenderer does so as agent or trustee for any other person or
persons, he shall disclose in his Tender the names and addresses of such person or persons. If no such
disclosure is made, the person signing the Form of Tender shall be deemed to be a principal and no
subsequently disclosure of any trust, agencies, etc. will be recognized by HA.

9.          Once a tender has been lodged it must remain open for 180 days. HA shall be entitled to
forfeit the entire deposit paid by the tenderer on submission of the tender by way of liquidated
damages and not as a penalty upon a tenderer withdrawing his tender within the said 180 day period.
In the event that HA fails to accept a tender within the 180 day period, a tenderer shall be entitled upon
giving notice in writing to HA within 7 days immediately following the expiry of the 180 day period to
withdraw his tender where upon HA shall repay to the tenderer the amount of the deposit lodged with
HA but without interest, costs, expenses, compensation or damages whatsoever. In the absence of
such written notice HA shall be entitled to regard the tender as remaining open as if the 180 day period
has not lapsed whereby the tenderer will continue to be bound by the terms of the General and Special
Conditions of Tender including the liquidated damages clause referred above.

Prospective tenderers are therefore urged to consider the effects of this clause most carefully before
submitting any tenders. The amount to be forfeited is not negotiable.

10.        Prospective tenderers are reminded that if manipulation of HA’s tender system is
discovered and such has been proved to the satisfaction of the Director of Housing, then the said
Director can at his discretion reject the tenders from such tenderers and forfeit their entire deposit to
HA as liquidated damages. The decision by the Director of Housing as to whether the tender system
has been manipulated and as to the tenderers involved in the manipulation is final.

11.         A limited number of tenders will be retained as a shortlist for consideration, and cheques or
cashier’s orders for these may be retained until a selection of the final tender has been made. Other
cheques and cashier’s orders will be returned within two weeks or three after the tender closing date,
but those on the shortlist may be retained for a longer period. Notwithstanding any other provisions
herein contained, all cheques and cashier’s orders of the unsuccessful tenderers will be returned by
registered post to their last known address in Hong Kong, at their own risk, or if banked on receipt, the
tender deposit of two months’ tendered rent, will be refunded without interest. Tender results will be
published in the Government of the Hong Kong Special Administrative Region Gazette in due course.




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12.        A tenderer may be called upon to attend selection interviews and if eligible be required to
execute a Tenancy Agreement. The terms of the Tenancy Agreement shall be those as contained in the
standard Tenancy Agreement normally applicable to lettings under HA’s management (a copy of the
standard Tenancy Agreement is available for inspection by the tenderer at HA’s office at
Non-Domestic (Headquarters) Management Unit of the Estate Management Division, Housing
Department at Podium Level 1, Hong Kong Housing Authority Customer Service Centre, 3 Wang Tau
Hom South Road, Kowloon and the tenderer is deemed to have made himself thoroughly conversant
with such terms prior to submission of the tender). The tenderer shall attend the interviews or execute
the Tenancy Agreement whichever is applicable within the time specified in a written notice issued by
the HA or such person as authorized by the HA, which time shall be not less than seven days from the
date of the notice. The tenancy shall commence and rent shall be payable from the date of the
execution of the Tenancy Agreement. In the event the tenderer fails for whatever reasons to attend the
interviews or to execute the Tenancy Agreement within the time specified, HA may by notice in
writing to the tenderer forthwith cancel the tender and the letting of the premises to the tenderer
hereunder. Upon the cancellation of the tender and the letting of the premises as aforesaid the entire
deposit shall forthwith be absolutely forfeited to HA as liquidated damages and not as a penalty
without any further notice and HA may let the premises to such other person and/or deal with the
premises in such manner as HA shall consider appropriate, and the tenderer shall not have any claim
whatever for compensation or refund of the deposit or in respect of the premises or otherwise against
HA.

13.        Any notice required to be given under this tender by HA to the tenderer if sent by post shall
be deemed to have been validly given if addressed to the tenderer and sent by ordinary prepaid post to
the address of the tenderer herein provided or to his last known address given to HA and shall be
deemed to have been served on the second business day after the date of posting.

14.        On signing the Tenancy Agreement, in addition to the payment of the tendered rent for the
first month, the successful tenderer shall be required to pay a deposit equivalent to two months’
tendered rent to HA. This deposit shall be refunded on termination of the tenancy provided that there
are no outstanding rent or other charges against the tenant’s account. The deposit of two months’
tendered rent, held as a pledge of bona fides of the tender, may in lieu of refund be offset as part
payment of the said first month’s rent and deposit of two months’ tendered rent to HA with any
deficiency to be paid up by the successful tenderer.

15.        The successful tenderer shall be responsible for the fitting out of the premises and he shall
accept the premises in the state and condition in which they are at the date when possession is given.
Plans for the intended conversion must be approved in writing by the Director of Housing and no
conversion work shall be started until such written approval is obtained. The successful tenderer shall
comply with all requirements statutory or otherwise imposed by Food and Environmental Hygiene
Department, Fire Services Department, Labour Department or any other department or authority
concerning any conversion work or the operation of the business.

16.        The tenant will not be allowed to assign the tenancy. Upon termination of the tenancy, he
will be required to give vacant possession of the premises to HA unconditionally.

17.         Tenderers should note that under the terms of the Tenancy Agreement, HA shall be entitled
to transfer and assign the reversion of the premises and all the rights and obligations under the
Tenancy Agreement to any third party on such terms and conditions as HA shall think fit without any
interference or any claim or demand for compensation whatsoever by the Tenant.


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                                  IMPORTANT

              NO CHARGE IS MADE ON THE SUPPLY OF THE FORM OF TENDER AND
              FOR THE PROCESSING OF THE TENDERS. ANY PERSON PURPORTING
              TO OFFER ASSISTANCE IN RESPECT OF THIS TENDER IN RETURN FOR
              A REWARD SHOULD BE REPORTED IMMEDIATELY TO THE
              AUTHORITY CONCERNED.

              ANY TENDERER WHO ATTEMPTS TO INFLUENCE CONSIDERATION
              OF HIS OR HER TENDER BY APPROACHING ANY MEMBER OF THE
              STAFF OF THE DEPARTMENT OR BY THE USE OF ANY OTHER
              IMPROPER MEANS SHALL RENDER HIS OR HER TENDER INVALID.

              TENDERERS ARE WARNED THAT OFFERING OR GIVING ANY
              GRATUITY, MONEY OR GIFT AS AN INDUCEMENT TO ANY
              EMPLOYEE OF THE HOUSING DEPARTMENT IN RELATION TO THE
              TENDER CONSTITUTES AN OFFENCE UNDER THE PREVENTION OF
              BRIBERY ORDINANCE AND SUCH CASES WILL BE REPORTED TO THE
              ICAC.

              HOUSING DEPARTMENT PERFORMANCE PLEDGE : NOTICE WILL BE
              GIVEN TO SHORTLISTED/UNSUCCESSFUL TENDERERS WITHIN
              THREE WEEKS AFTER THE CLOSING DATE OF OPEN TENDER.

              ENQUIRY HOTLINE : 2607 8866




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                                         HONG KONG HOUSING AUTHORITY
                                                   Form of Tender
                                          Commercial Premises (1-year Tenancy)
                                              (Let by Rental Tendering)



Tenderers should note that each Form of Tender should be used to tender for one commercial premises only.

 *    Delete whichever is inappropriate.
 #    Fill in the full details of the location of the commercial premises under tender as shown in the ‘Special Conditions of
      Tender’.
 !    Fill in the full details of the trade of the commercial premises under tender as shown in the ‘Special Conditions of Tender’.
 !    For shopping centre with central air-conditioning provision only.


 Tender for a 1-year tenancy of # *Shop/Shopstall/Cooked Food Stall No(s).         /Block            /               *House
 /Shopping Centre/Commercial Centre/Market,                                   Estate on terms as specified in the Hong Kong
 Housing Authority (HA)’s normal Form of Agreement, subject to the General and Special Conditions of Tender.

                  To :       Director of Housing
                  c/o        Non-Domestic (Headquarters) Management Unit of Estate Management Division,
                             Housing Department,
                             Podium Level 1,
                             HKHA Customer Service Centre,
                             3 Wang Tau Hom South Road,
                             Kowloon.

          *I/We
 (*H.K.I.C. No./Certificate of Incorporation No.                               ) having read the General and Special Conditions
 of Tender hereby offer to rent the captioned Commercial Premises at the following monthly tendered rent (exclusive of rates and
 ! air-conditioning charges), and on the terms and conditions set out in the Tender Notice and the said General and Special
 Conditions of Tender and Form of Agreement.

 Monthly Exclusive Tendered Rent (Exclusive of Rates and ! Air- conditioning Charges)
 (Amounts in whole dollars only, exclude cents)
 Hong Kong Dollars                                                                               (HK$                                 )


 2.       *I/We intend to use the premises for the business of !


 3.       If this tender is accepted then until the said Agreement is signed, this tender together with the written acceptance thereof
 shall constitute a binding agreement between *me/us and the Hong Kong Housing Authority in the terms of the said Form of
 Agreement and General and Special Conditions of Tender.

 4.      A *CHEQUE/CASHIER’S ORDER No.                                      , Bank
 for HK$                                 is forwarded herewith as a tender deposit for the exact amount equivalent to two months’
 tendered rent, as a pledge of bona fides of *my/our tender. *I/We understand that in the event of *my/our tender being
 unsuccessful *my/our *cheque/cashier’s order will be returned by registered post to *my/our last known address in Hong Kong at
 *my/our own risk or if banked on receipt, the tender deposit of the two months’ tendered rent, as a pledge of the bona fides of the
 tender will be refunded without interest.

 5.       *I/We also understand that liquidated damages will be imposed :

             (i)         if *I/we withdraw the tender either before or after its acceptance by HA as stated in Clause 9 of the General
                         Conditions of Tender; or

             (ii)        if *I am/we are discovered to have manipulated HA’s tender system, as stated in Clause 10 of the General
                         Conditions of Tender.

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 6.         Particulars of *myself/ourselves are as follows :


                Name                        H.K.I.C. No./       Age    Sex        Relationship with Tenderer         Marital Status
  (as shown on H.K.I.C./Certificate of      Certificate of                            (e.g. partners etc.)
            Incorporation)                Incorporation No.
                                                                                           Tenderer




 7.       *I/We guarantee the accuracy of all information provided by *me/us in this Form of Tender and acknowledge the right
 of HA to reject this tender or revoke the Agreement signed subsequently in the event that any of the said information is found to be
 false.

 8.        For the purpose of processing the tender in this Form, *I/we hereby authorize HA to collect *my/our personal data for
 verification of the personal data provided in this Form of Tender. *I/We hereby further authorize HA to carry out matching
 procedures as defined under the Personal Data (Privacy) Ordinance to compare (whether by manual means or otherwise) the
 personal data in this Form of Tender with *my/our personal data collected for any other purpose by HA for investigation and
 verification and such comparison may be used for the purpose of taking adverse action against *me/us.

 9.         Signed, sealed and delivered by the Tenderer (Tenderer(s) must sign in the presence of a third party).


                                                     Affix a
                                                      Seal
                                                      Here




 Signature of Tenderer      :                                         Signature of            :
                                                                      Witness

 Name of Tenderer           :                                         Name of Witness         :
 in Block Letters                                                     in Block Letters

 Date                       :                                         Date                    :

 Address                    :                                         Address                 :




 Tel. No.                   :                                         Tel. No.                :




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                                         HONG KONG HOUSING AUTHORITY
                                                   Form of Tender
                                          Commercial Premises (1-year Tenancy)
                                              (Let by Rental Tendering)



Tenderers should note that each Form of Tender should be used to tender for one commercial premises only.

 *    Delete whichever is inappropriate.
 #    Fill in the full details of the location of the commercial premises under tender as shown in the ‘Special Conditions of
      Tender’.
 !    Fill in the full details of the trade of the commercial premises under tender as shown in the ‘Special Conditions of Tender’.
 !    For shopping centre with central air-conditioning provision only.


 Tender for a 1-year tenancy of # *Shop/Shopstall/Cooked Food Stall No(s).         /Block            /               *House
 /Shopping Centre/Commercial Centre/Market,                                   Estate on terms as specified in the Hong Kong
 Housing Authority (HA)’s normal Form of Agreement, subject to the General and Special Conditions of Tender.

                  To :       Director of Housing
                  c/o        Non-Domestic (Headquarters) Management Unit of Estate Management Division,
                             Housing Department,
                             Podium Level 1,
                             HKHA Customer Service Centre,
                             3 Wang Tau Hom South Road,
                             Kowloon.

          *I/We
 (*H.K.I.C. No./Certificate of Incorporation No.                               ) having read the General and Special Conditions
 of Tender hereby offer to rent the captioned Commercial Premises at the following monthly tendered rent (exclusive of rates and
 ! air-conditioning charges), and on the terms and conditions set out in the Tender Notice and the said General and Special
 Conditions of Tender and Form of Agreement.

 Monthly Exclusive Tendered Rent (Exclusive of Rates and ! Air- conditioning Charges)
 (Amounts in whole dollars only, exclude cents)
 Hong Kong Dollars                                                                               (HK$                                 )


 2.       *I/We intend to use the premises for the business of !


 3.       If this tender is accepted then until the said Agreement is signed, this tender together with the written acceptance thereof
 shall constitute a binding agreement between *me/us and the Hong Kong Housing Authority in the terms of the said Form of
 Agreement and General and Special Conditions of Tender.

 4.      A *CHEQUE/CASHIER’S ORDER No.                                      , Bank
 for HK$                                 is forwarded herewith as a tender deposit for the exact amount equivalent to two months’
 tendered rent, as a pledge of bona fides of *my/our tender. *I/We understand that in the event of *my/our tender being
 unsuccessful *my/our *cheque/cashier’s order will be returned by registered post to *my/our last known address in Hong Kong at
 *my/our own risk or if banked on receipt, the tender deposit of the two months’ tendered rent, as a pledge of the bona fides of the
 tender will be refunded without interest.

 5.       *I/We also understand that liquidated damages will be imposed :

             (i)         if *I/we withdraw the tender either before or after its acceptance by HA as stated in Clause 9 of the General
                         Conditions of Tender; or

             (ii)        if *I am/we are discovered to have manipulated HA’s tender system, as stated in Clause 10 of the General
                         Conditions of Tender.

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 6.         Particulars of *myself/ourselves are as follows :


                Name                        H.K.I.C. No./       Age    Sex        Relationship with Tenderer         Marital Status
  (as shown on H.K.I.C./Certificate of      Certificate of                            (e.g. partners etc.)
            Incorporation)                Incorporation No.
                                                                                           Tenderer




 7.       *I/We guarantee the accuracy of all information provided by *me/us in this Form of Tender and acknowledge the right
 of HA to reject this tender or revoke the Agreement signed subsequently in the event that any of the said information is found to be
 false.

 8.        For the purpose of processing the tender in this Form, *I/we hereby authorize HA to collect *my/our personal data for
 verification of the personal data provided in this Form of Tender. *I/We hereby further authorize HA to carry out matching
 procedures as defined under the Personal Data (Privacy) Ordinance to compare (whether by manual means or otherwise) the
 personal data in this Form of Tender with *my/our personal data collected for any other purpose by HA for investigation and
 verification and such comparison may be used for the purpose of taking adverse action against *me/us.

 9.         Signed, sealed and delivered by the Tenderer (Tenderer(s) must sign in the presence of a third party).


                                                     Affix a
                                                      Seal
                                                      Here




 Signature of Tenderer      :                                         Signature of            :
                                                                      Witness

 Name of Tenderer           :                                         Name of Witness         :
 in Block Letters                                                     in Block Letters

 Date                       :                                         Date                    :

 Address                    :                                         Address                 :




 Tel. No.                   :                                         Tel. No.                :




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In order to avoid misdelivery, please write your name and address in BLOCK
LETTERS and BLACK INK (Please submit together with Form of Tender) :
請用黑色原子筆以正楷填寫姓名及地址,以免郵誤。(請與投標表
格一併遞交)




Name
姓名
Address
地址




Name
姓名
Address
地址




Name
姓名
Address
地址




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                        Guidelines on Completion of Form of Tender

                   (for Letting of Commercial Premises by Rental Tender)



            Tenderers are advised that their Forms of Tender in respect of the commercial premises
under tender should be completed properly before depositing in the Tender Box. The common
mistakes made by tenderers are as follows :-


             (1)     No signature on the Forms of Tender;


             (2)     Insufficient tender deposit which is not equivalent to two months’
                     tendered rent;


             (3)     Cheque for the tender deposit post-dated, wrongly addressed/dated
                     or unsigned, inconsistent words and figures for the amount of
                     deposit;


             (4)     Use of inappropriate Forms of Tender;


             (5)     Tendered rent not stated, amount of tendered rent offered not clear,
                     tender amount inconsistently written on both copies of the Forms of
                     Tender;


             (6)     Tendered trade not stated, or not the designated trade;


             (7)     Fail to indicate the exact description of the address of the premises
                     under tender; and


             (8)     Fail to initial beside any amendments made in the tender.



             The mistakes listed above are for the reference of tenderers only and are by no means
exhaustive. Tenderers should note that their tenders may be invalidated if the Forms of Tender are
incorrectly completed.




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Notes on Personal Data (Privacy) Ordiance


          The personal data provided by means of the Form of Tender will be used by the Hong
Kong Housing Authority for processing the tender for commercial premises.



            Personal data include names, Hong Kong Identity Card numbers and age of tenderer
and other persons listed in the Forms of Tender and their relationship, tenderer’s bank account
number, address, contact telephone number.



           The provision of personal data by means of the Form of Tender is voluntary.
However, if the required information is not provided in the Form of Tender, the Hong Kong
Housing Authority may not be able to process the tender further.



            The data subject(s) in the Form of Tender has/have the right of access and correction
in respect of his/her/their personal data. Enquiries concerning the personal data collected by
means of the Form of Tender including the making of access and correction, may be addressed to :



                 The Departmental Data Controlling Officer
                 Human Resources Management (1) Section
                 Hong Kong Housing Authority Headquarters
                 33 Fat Kwong Street
                 Ho Man Tin
                 Kowloon




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