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Ref EMB SUPP ADM

VIEWS: 29 PAGES: 36

									Ref : EDB(SUPP)/ADM/50/4                            Government of the HKSAR
                                                    Education Bureau
                                                    25 August 2009


                 Education Bureau Internal Circular No. 4/2009

                   Procedures for Processing Tenders for Services
                        with a value exceeding $1.43 million

       [Note : This circular should be read by all Heads of Divisions/Sections
               and Government Schools and Officers responsible for
               procurement of services.]


Summary

          This circular promulgates the procedures for processing tenders for general
services, (excluding consultancy services and services for construction and engineering
works) with a value exceeding $1.43 million pursuant to the Stores and Procurement
Regulations (SPR) 300 to 390 and 500 to 530. Education Bureau Internal Circular No.
13/2007 is hereby cancelled.

2.        For procurement of services with a value not exceeding $1.43 million, please refer
to the procedures set out in the prevailing internal circular on “Procedures for Procurement of
Services with a value not exceeding $1.43 million”.

3.        For procurement of consultancy services with a value exceeding $1.43 million,
divisions/sections shall follow the consultants selection procedures set out in Chapter IV of
SPR. For procurement of services for construction and engineering works, please refer to
the prevailing SPR and supplementary procedures set out in relevant Development Bureau
Technical Circulars (Works).

4.       Heads of divisions/sections are requested to arrange re-circulation of this
circular at 12-month intervals as a regular reminder to officers responsible for
procurement of services. The officers should sign on a circulation list to signify that
they have read and understand the instructions and procedures contained in this
circular. The list should be properly filed and made available for inspection purposes.


Background

5.        SPR and all circulars/circular memoranda relating to procurement matters are
posted on EDB Intranet (         A. Rules and Regulations     9. Stores & Procurement
Regulations and      H. Finance     11. Stores & Procurement     Circulars on stores and
procurement matters). For procurement of services with a value exceeding $1.43 million,
the tender procedures as laid down in Chapter III of SPR should be followed. For
procurement of services, reference may also be made to “A General Guide to Outsourcing”
prepared by the Efficiency Unit.
6.        For procurement of services that rely heavily on the deployment of non-skilled
workers, e.g. cleansing service, janitor service, security guard service, etc., divisions/sections
must observe the prevailing Financial Circulars on “Mandatory Requirement for Service
Contracts” and “Tightened Measures on the Management of Service Contractors”, Secretary
for Financial Services and the Treasury’s memoranda FT 53/88 dated 29.4.2005 and FT
53/88/2 Pt 9 dated 18.5.2005 and Financial Services and the Treasury Bureau Circular
Memorandum (FSTBCM) No. 13/2007.

7.        This circular summarises the tendering procedures to provide a handy reference to
officers of divisions/sections involved in processing tenders for services with a value
exceeding $1.43 million.


Procurement Principles

8.         All officers responsible for processing tenders for services should -

     (a)   avoid conflict of interest and observe SPR 180 to 195;
     (b)   have value-for-money in mind and be economically rational;
     (c)   ensure availability of funds;
     (d)   observe the procurement principle of maintaining open and fair competition; and
     (e)   follow proper procedures as set out in this circular.

All officers involved in procurement activities should sign an undertaking using the
Declaration Form (EDB 38) at Appendix 1 (posted on EDB Intranet ( Forms)). They
must declare in accordance with SPR 186 whether they have any actual, potential or
perceived conflict of interest at the start of deliberation or as soon as they become aware of a
potential conflict. Officers are also reminded of their responsibilities as public officers
under SPR 110 in relation to procurement of services.


Tender Boards

9.        The Government Logistics Department Tender Board (GLDTB) approves tenders
for services with a contract value over $1.43 million but not exceeding $10 million in respect
of any one contract. The Central Tender Board (CTB) approves tender for services with a
contract value exceeding $10 million.


Types of Tenders

10.        Tenders for services may be issued in the following manners -

     (a)   Open tendering

           Notices of tender invitations are published in the Government Gazette, local press
           and internet. All interested contractors are free to submit their tenders. For
           procurements covered by the Agreement on Government Procurement of the World
           Trade Organization (WTO GPA), the consulates and trade commissions in Hong
           Kong should also be notified of the tender invitations.
   (b)    Single or restricted tendering

Tender invitations are sent to only one or a limited number of contractors approved by the
Permanent Secretary for Financial Services and the Treasury (Treasury) (PSTsy), upon the
Bureau’s recommendation.


Single or restricted tendering

11.      Procurement of services should be made through open tendering as far as possible.
Heads of divisions/sections should note that single or restricted tendering procedures shall
only be used in circumstances when open competitive tendering would not be an effective
means of obtaining the requisite services, for instance –

   (a)    where there is extreme urgency brought about by unforeseeable events;
   (b)    where there is evidently only one, or a very limited potential contractors capable
          of providing the requisite services;
   (c)    where for reasons connected with the protection of copyrights or technical
          reasons;
   (d)    where services are to be provided by utility companies; or
   (e)    where maintenance is to be executed on patent or specialized equipment.

12.       Single or restricted tendering procedures shall only be initiated with the prior
approval given by PSTsy. When seeking approval from PSTsy, divisions/sections should
provide the following information –

   (a)    the reason(s) for procuring the services;
   (b)    the estimated cost;
   (c)    justifications for not inviting open tenders;
   (d)    if the reason for proposing single or restricted tendering action is urgency, explain
          why the need for the services could not have been foreseen earlier and state
          whether there has been any delay in initiating open tendering action; and
   (e)    if a shortlist of contractors from whom tenders are to be invited is recommended,
          explain how the shortlist is drawn up, elaborating specifically on the criteria used
          for the shortlisting, and the professional capability and experience of all the
          contractors considered, including those not shortlisted.

The request for PSTsy’s approval for the issue of single or restricted tender must be signed
by a directorate officer.

13.         Tenderers invited to quote in single or restricted tendering exercises shall be
advised to submit their tenders in the same manner as open tendering procedures. Under
no circumstances shall tenderers be informed that tenders are being invited on a single
or restricted basis. Notice of tender invitation shall be sent by letter to the tenderers. To
prove the sending of the invitation letters to the tenderers, division/section concerned should
keep a record to this effect (e.g. keeping a copy of the duly completed Pos 65 (Certificate of
Posting for Recorded Delivery Packets) including relevant information about the tender
reference, tenderers' names and addresses, the Post Office's acknowledgement of receipt on it,
etc.) in the relevant file. Division/section concerned should also keep a record on the
tenderers who have collected/have been provided with the tender documents.


Security

14.         All communications regarding tenders must be classified as RESTRICTED
(TENDER) from the time tenders are received and opened to the time a decision is
made on the acceptance or otherwise of the tenders. Correspondence concerning single
or restricted tendering such as requests for authority to conduct a restricted tendering exercise
must also be so classified. Access to tender information/documents must be restricted to
officers on a need-to-know basis.


Tendering Procedures

WTO GPA

15.        For tenders for services covered by the WTO GPA, divisions/sections shall observe
specific requirements on publication of tender invitations, tender receipt period, etc. stated in
paragraphs 10(a), 19, 35, 38 and 64 of this circular. To determine whether a tender is
covered by the WTO GPA, divisions/sections can follow the guidelines provided in the
Department of Justice (DoJ)’s memoranda IL/ITF/1/32/13 dated 13.12.2005 and IL/ITF 1/30
dated 20.1.2006 (which are posted on EDB Intranet (             H. Finance       11. Stores &
Procurement        Circulars on stores and procurement matters). In case of doubt,
divisions/sections should consult the International Law Division of DoJ.


Tender Invitation

16.       Heads of divisions/sections are responsible for ensuring that funds are available
within their approved allocations before tenders are invited. In exceptional
circumstances, PSTsy may give special approval to invite tenders before funds are available,
in which case the head of division/section concerned should ensure that the successful
tenderer will not be notified of the acceptance of his tender until the necessary funds have
been obtained.

17.        The standard contract form “Tender for Services (GF 231)” should normally be
used when inviting tenders for services. Divisions/sections may delete or amend any clauses
appearing on the form by way of Special Conditions of Contract but only after consulting the
Commercial Unit of DoJ. In case divisions/sections consider that the standard contract form
is not suitable for use in their tender exercises even if amendments to the clauses are made,
they may design and use their own non-standard contract forms to meet specific requirement
of their contracts. Divisions/sections must clear with the DoJ regarding the terms and
wording of the non-standard contract forms before they can be used in tender exercises.

18.        The Standard Tender Terms and General Conditions of Contract are posted on
EDB Intranet ( H. Finance            11. Stores & Procurement          Reference materials for
procurement matters Standard Tender Terms and General Conditions of Contract provided
by GLD). The Terms of Tender, General Conditions of Contract, Special Conditions of
Contract, Tender Specifications, price schedules and additional information/instructions
relevant to a particular contract must be attached to the contract form, making up a complete
set of tender/contract documents. Divisions/sections should determine the criteria for
evaluation of tenders before tenders are invited and include an outline of the evaluation
criteria in the tender documents to assist prospective tenderers to prepare their tenders. Any
other requirements which will be applied in deciding the suitability of tenders must also be
indicated in the tender documents.

19.        For tender covered by WTO GPA and/or that a trading fund is likely to take part in
the bidding exercise, divisions/sections shall include the Note to Tenderers at Appendix
III(E)1 to SPR and/or Appendix III(E)2 to SPR, as appropriate, in the tender documents.

20.      For procurement of services that rely heavily on the deployment of non-skilled
workers, divisions/sections are reminded to incorporate in the tender documents the
mandatory requirements including the use of a standard employment contract, the provision
for mandatory wages and the tightened measures on the management of service contractors as
promulgated in the circulars and memoranda mentioned in paragraph 6 above.

21.         When inviting tenders for a service contract of a value exceeding $5 million,
divisions/sections should observe the guidelines on financial vetting set out in Appendix
III(H) to SPR. They should include in the tender document the condition that tenderers have
to demonstrate their financial capability before they can be considered for the award of the
contract and provide financial and corporate information for the purpose of financial vetting.
In this connection, the tender document should include related clauses on “Financial Vetting”
and “Contract Deposit”. Please adopt the relevant clauses in the Template Tender
Document for Provision of Services posted on EDB Intranet ( H. Finance           11. Stores &
Procurement       Road Map for Procurement of Stores and Services          5. Procurement of
Stores and Services      Procurement of Services by Tender/Quotation/Hire of Services from
Individual      Estimated Value of Services Exceeding $1.43M             Samples of Tender
Documents Template Tender Document for Provision of Services).

22.        Tender document (a complete set including contract form (standard contract form
(GF 231) or non-standard contract form)) must be vetted by the DoJ before issue to the
prospective tenderers. For tender with an estimated value exceeding $100 million, heads of
divisions/sections should note that if the vetted documents have been substantially amended
after they have been issued to tenderers, they should be legally vetted again before the
contract is awarded. Any major alteration must be approved by the DoJ.


Tender Specifications

23.       Divisions/sections shall ensure that tender specifications which define the
requirements of the contract are drawn up in a manner meeting the procurement principle of
maintaining open and fair competition. Tender specifications shall not be prepared,
adopted or applied with a view to or with the effect of creating obstacles to international
trade or competition amongst the potential tenderers.

24.        Tender specifications shall be worded in easily comprehensible general terms
based on the scope of services required. When tenders are called for the provision of
services on the basis of a schedule of prices or rates, divisions/sections shall give tenderers
some indication of the estimated quantity, scope of the contract and any other related
information in order to obtain realistic and competitive tenders. Estimated quantities
required shall form part of the tender documents. In the case of tenders for term contracts,
details of quantities based on past contracts (if any) shall be provided but it should be made
clear that such figures are quoted only for reference of tenderers, and that the Government
cannot guarantee that the requirements under the proposed contract will be comparable.
25.        When preparing technical specifications, divisions/sections shall distinguish the
service requirements as mandatory, desirable or optional and set these out in the
specifications. This is particularly important for tender evaluation purpose. Some
guidelines for drawing up tender specifications are provided for general reference in
Appendix III(F) to SPR.

26.        Normally, divisions/sections should not disclose the estimated contract value to the
tenderers as it may become a main guiding factor in the preparation of their tender proposals,
which may be reduced or, of even more concern, expanded unnecessarily, thus undermining
the principles of competition and value for money. If, however, the estimated contract value
has been disclosed to the public, divisions/sections should, in all fairness, inform tenderers of
the estimated contract value.


Tender Briefing

27.        For services of complicated and sophisticated nature, heads of divisions/sections are
advised to arrange a tender briefing session for all tenderers in order to enable them to
understand the services requirements before submitting their offers. In case tender briefing is
considered necessary, this arrangement should be clearly specified in the tender document and
tender notices in the Government Gazette, local press and internet. To allow sufficient time
for tenderers to submit their offers, the tender briefing should be conducted in between the
tender issue date (for single or restricted tendering)/the date of publishing the second issue of
Gazette tender notice (for open tendering) and the tender closing date, normally two weeks
before the tender closing date.


Tenders in Foreign Currencies

28.        In general, contract sums for Government contracts should be quoted and paid in
Hong Kong dollars. Tenders for services likely to cost HK$10 million or more cannot be
quoted in a foreign currency, other than US dollars, without the prior approval of PSTsy, who
must be satisfied that a refusal to allow tenderers to quote in a foreign currency other than US
dollars will significantly reduce the degree of competition in tendering to the detriment of the
public interest.

29.       For tender comparison purpose, tender prices in foreign currencies must be
converted to Hong Kong dollars. The conversion should be based on the selling rate of the
relevant currency quoted by the Hong Kong Association of Banks on the tender closing date.
Tender Boards, in considering recommendations for the award of contracts, will also take
into consideration any significant fluctuations in exchange rates after the tender closing date.
Divisions/sections should state in the Tender Reports the converted tender sums based on the
exchange rates of the tender closing date and of the date of reporting and should indicate
whether the ranking of the tender sums has changed as a result of these two bases.


Marking Scheme

30.       For contracts where the quality of service is of paramount importance and needs to
be seriously considered in the tender evaluation, a marking scheme may be adopted in the
tender evaluation. Divisions/sections shall observe the guidelines on the use of marking
schemes as set out in SPR 350(f)-(g) and Appendix III(G) to SPR. The use of a marking
scheme for tender evaluation requires the prior approval of the relevant Tender Board.
When seeking approval of the relevant Tender Board for the use of a marking scheme,
divisions/sections shall provide a brief description of the service to be obtained, the estimated
contract value, justifications for the use of a marking scheme, the proposed weightings for
technical and price assessments, the assessment criteria and their relative weightings
(including descriptions of each assessment criterion and their individual technical marks
assigned as well as the objective/quantitative/qualitative/measurable yardsticks to qualify a
tender to be regarded as meeting the individual attributes for attaining the marks specified),
passing mark for individual attributes or a minimum score (where appropriate) and formula to
be used to calculate the technical/price scores. Application for approval to use marking
scheme must be signed by a directorate officer and submitted in sextuplicate (including the
original copy) to the relevant Tender Board. The head of division/section concerned or his
representative may be requested to attend the meeting to present his recommendations or to
answer any queries that the Tender Board may have. The officer nominated to attend the
CTB’s meeting must be at directorate level.

31.         When determining the relative weightings for technical and price assessments,
divisions/sections should normally adopt a 30%-40% weighting for technical score, as against
a weighting of 60%-70% for price score. Divisions/sections should note that a higher
technical weighting would not necessarily ensure a higher quality of the service to be
delivered by the successful tenderer. The setting of relevant mandatory requirements and
passing marks under the marking scheme would instead guarantee that only those capable
contractors with quality proposals would be awarded with the contracts. Divisions/sections
proposing a weighting higher than 30%-40% for technical score should provide full
justification in their submissions to the relevant Tender Boards.

32.        The use of a marking scheme in tender evaluation and an outline of the
evaluation criteria shall form part of the tender documents. Any other requirements
which will be applied in deciding the suitability of tenders must also be indicated in the
tender documents. Divisions/sections should take into account the basic government
procurement principle of transparency when determining the details of the marking scheme
and assessment criteria to be included in the tender document. They should normally
provide as much information as possible (including descriptions of each assessment criterion
and their individual technical marks assigned, the individual and/or overall passing marks set
for technical assessment, formula to be used to calculate the technical/price scores, and the
technical to price assessment weighting, etc.) in the tender document to facilitate tenderers’
preparation of competitive and quality tender submissions.

33.       Since the use of a marking scheme invariably involves a technical evaluation
conducted separately from the tendered sum comparison, a two-envelope approach should be
adopted when requiring the tenderers to submit their tenders, i.e. technical and price
information should be submitted in separate sealed envelopes.


Tender Notice

34.        Except with PSTsy’s prior approval for single or restricted tendering, invitation to
tender for services with a value exceeding $1.43 million should be published bilingually in
the Government Gazette, local press and internet. Gazette Notices should normally be
inserted in two consecutive issues on Fridays. For press notices, they should be placed in
one issue on the first gazette day with at least one English newspaper and two Chinese
newspapers.     Divisions/sections should decide which local press media would be
appropriate for publishing their tender notices having regard to the nature of services to be
procured and the readership of the newspapers. Proforma tender notice and tender page for
the internet are provided in Appendices 2 to 5 (posted on EDB Intranet (         Forms)). A
record of contractors invited to quote should be kept in the tender file.

35.        Heads of divisions/sections should note that the tender notices and tender pages for
the internet should be forwarded together with the names of the newspapers in which they
decide to publish their tender notices to the Supplies Officer (Procurement) (SO(P)) seven
working days before the gazette date. SO(P) will then arrange with the Government
Logistics Department (GLD), Information Services Department and Official Languages
Division of the Civil Service Bureau for publishing onto Government Gazette, local press and
internet. For tenders for services covered by WTO GPA, SO(P) will also notify the
consulates and trade commissions in Hong Kong of the tender invitations and
divisions/sections will have to send to any interested tenderer a set of the tender documents
upon receipt of a written request. Division/section concerned may charge the tenderer for
the cost of the delivery.


Tender Box

36.       Depending on the estimated value of the service, the following tender box should
be used –

  (a)     For services with a value over $1.43 million but not exceeding $10 million

          All tenders for such services should be deposited into the Government Logistics
          Department Tender Box (GLD Tender Box) at Ground Floor, North Point
          Government Offices, 333 Java Road, North Point, Hong Kong.
          Divisions/sections should obtain GLD’s prior agreement to their proposed
          tender closing date at least two weeks before the tender issue date in
          accordance with the procedures set out in the Director of Government Logistics
          (DGL)’s memo (72) in GLD/TB/3/6-2 dated 3.7.2003, which is posted on EDB
          Intranet ( H. Finance       11. Stores & Procurement      Circulars on stores and
          procurement matters).

  (b)     For services with a value over $10 million

          All tenders for such services should be deposited into the Government Secretariat
          Tender Box (GS Tender Box) at the lift lobby on the Lower Ground Floor, Central
          Government Offices (East Wing), 20 Lower Albert Road (at its junction with
          Garden Road), Central, Hong Kong.


Tender Closing Date and Time

37.       The tender closing date and time should be as follows –

  (a)     GLDTB – 12:00 noon on Mondays to Thursdays except public holidays; and
  (b)     CTB – 12:00 noon on Fridays except public holidays.
Tendering Period

38.       Tenderers should be given adequate time to submit tenders. Under normal
circumstances, tenderers should be allowed a minimum of three weeks to submit their
tenders. For procurement of services covered by WTO GPA, at least 40 days shall be
allowed for receipt of tenders. In the case of extreme urgency, divisions/sections will have
to seek the prior approval of PSTsy (for tender covered by WTO GPA) or Permanent
Secretary for Education (PS(Ed)) (for tender not covered by WTO GPA) for reducing the
period for receipt of tenders.


Issue of Tenders

39.         Divisions/sections should note that tenders for services are issued in triplicate to
the prospective tenderers together with pre-addressed envelope or label and covering
letter (if any). For tenders to be evaluated by a marking scheme, two separate envelopes or
labels (one marked with “Technical Proposal” and the other marked with “Price Proposal”)
should be provided to tenderers together with the tender documents.

40.       Tenders, whether invited under open, single or restricted tendering procedures,
must be submitted in triplicate in a sealed envelope. Tenderers should be advised not to
give any indication on the envelopes of their tenders, which may relate them to a particular
contractor.


Collection of Tenders

41.        All tenders deposited at the GLD Tender Box and GS Tender Box will be opened
by the respective Tender Opening Committee on the specified tender closing date and time.
The division/section concerned should make arrangement with the Secretary of the respective
Tender Board for collection of the original and triplicate copies of tenders after the tender
closing date. A bearer memo should be presented upon collection. The duplicate copies of
tenders retained by the GLDTB/CTB will be released after approval has been given for the
acceptance of tender.


Tender Evaluation

42.        For evaluation of tenders, divisions/sections shall observe the guidelines set out in
SPR 370. Tender evaluation should be conducted by a Tender Assessment Panel (TAP)
consisting of not less than two persons. To safeguard the integrity of government
procurement exercises, the TAP should comprise only government officials.
Divisions/sections should ensure that only properly qualified persons are appointed to the
TAP to assess the technical submissions in their tender exercises. For tenders with a value
exceeding $5 million, heads of divisions are advised to chair the TAP or appoint a directorate
officer to chair the TAP. For tenders with a value at or below $5 million, an officer at MPS
point 45 or above may be appointed as the chairperson of the TAP. Where necessary, a
representative from the Finance Division (on financial aspects) or a representative from the
DoJ (on legal aspects) may be invited to the TAP. To ensure that the assessment is
conducted in an objective and impartial manner, where practicable, tender documents should
be drawn up to allow assessment to be made without the TAP knowing the identity of the
tenderers.
43.      The chairperson and members of the TAP shall observe the requirements on the
avoidance of conflict of interest for officers involved in government procurement as set out in
SPR 180 to 195.

44.       Before the evaluation process starts, the chairperson of the TAP should ensure
that he/she and all members sign an undertaking using the Declaration Form (EDB 38)
at Appendix 1 (posted on EDB Intranet ( Forms)) and declare whether they have any
actual, potential or perceived conflict of interest with the tenderers as named in the tenders
received. The Declaration Forms as well as records on the remedial action taken where
conflicts of interest (actual, potential or perceived) have been identified should be placed in
the relevant subject file for audit purposes. It must be stated in each tender evaluation
report whether or not the chairperson and all members of the TAP have declared their
interest, and where conflicts of interest (actual, potential or perceived) have been
identified, what remedial action has been taken.

45.        Before carrying out the evaluation, the officer who initiates the tender exercise
should check the contents of the tenders submitted and ensure that all offers received are
referred to the TAP for evaluation. Divisions/sections should consider carefully whether to
seek missing tender information or clarification from the tenderers. Such post-tender
closing contacts with tenderers should be kept to the minimum. Divisions/sections should
record clearly and in full all such contacts. They must ensure that such contacts will not
give a tenderer any advantage or perceived advantage over other tenderers. The guidelines
on checking and clarification of tenders as set out in SPR 365(b) to (i) should be observed.

46.        The TAP shall examine the tenders against the technical specifications, terms and
conditions laid down in the tender documents to determine whether they are fully conforming.
In recommending the acceptance of a tender to the relevant Tender Board, the TAP should
also take into account the following in the evaluation, where appropriate –

  (a)     technical and financial capability of the tenderer and their past performance
          records. For service contracts of a value exceeding $5 million, financial
          vetting shall be conducted on the tenderer who is being considered for the
          award of contract in order to ensure that the tenderer is financially capable of
          fulfilling the contract requirements (financial and corporate information of the
          recommended tenderer should be forwarded to Treasury Accountant (Management
          Services) (TA(MS)) of Finance Division to conduct financial vetting);

  (b)    timely delivery or completion;

  (c)    compatibility with the existing or planned purchases;

  (d)    running and maintenance costs; and

  (e)    fair market prices by making reference to previous tender of similar nature.

47.        Other than corrections arising from arithmetical errors, the TAP should not accept
any change in tender price offered by a tenderer after opening of tenders and during tender
evaluation. In the tender evaluation, only the original tender price (adjusted for arithmetical
errors, if any) should be used in determining the price ranking of the tender received.
Divisions/sections may only consider other proposals on discounts by a tenderer if his tender
is recommended for acceptance.
48.        Where prior approval has been obtained from the relevant Tender Board for the use
of a marking scheme for tender evaluation (see paragraph 30 above), TAP shall assess the
tenders according to the criteria endorsed by the Tender Board. Price proposals should only
be opened and assessed after completion of the technical assessment. Exceptionally where
assessment of the price proposals has to be conducted in parallel with technical assessment
because of the urgency of the exercise, technical assessment and assessment of the price
proposals should be carried out by separate teams which should not communicate with each
other until after completion of their assessment. The prior approval of the relevant Tender
Board has to be obtained for any such exceptional arrangement. When divisions/sections,
having regard to exceptional circumstances, consider it necessary to open the price
envelope(s) prior to completion of the technical assessment, divisions/sections should ensure
that only those officers not involved in the technical assessment of the tenders will have
access to the tenderers’ price information prior to completion of the technical assessment.
Divisions/sections should report this to the relevant Tender Board in the Tender Report.
Divisions/sections shall determine the ranking of the tenders received according to the overall
scores (i.e. the sum of price and technical scores) they have attained. Normally, the tender
attained with the highest overall score should be recommended for acceptance.

49.       For evaluation of tenders for service contracts that rely heavily on the deployment
of non-skilled workers, the TAP are reminded to take into account records of past convictions
of tenderers (as well as each participant of the partnership or unincorporated joint venture or
each shareholder of incorporated joint venture if the tenderer is a partnership or an
unincorporated joint venture or an incorporated joint venture) under the Employment
Ordinance, Employees’ Compensation Ordinance, Immigration Ordinance, Criminal
Procedure Ordinance, Mandatory Provident Fund Schemes Ordinance and the accumulated
demerit points obtained by the tenderers under the demerit point system (see paragraph 70
below).

50. If none of the tenders received conforms fully to the tender specifications, the terms and
conditions laid down in the tender documents, the TAP shall recommend to cancel the tender
exercise and re-tender with revised specifications, terms and conditions, where applicable.
If very exceptionally the TAP wishes to recommend a non-conforming tender, they shall state
clearly in the Tender Report the deviation of the recommended tender from the specifications
and terms and the reasons for so recommending. As a general practice, divisions/sections
should clear their tender recommendations with DoJ if they wish to recommend a
non-conforming tender. A copy of the relevant legal advice should be attached to the
Tender Report for relevant Tender Board’s reference. Detailed justifications for rejecting
the offers lower than the recommended offer must be provided in the tender recommendation.


Tender Negotiations

51.        Where it would be in the Government’s best interest to negotiate with a tenderer or
tenderers, such negotiations shall be conducted in a non-discriminatory manner between
different tenderers. To facilitate negotiations, all invitations to tender shall contain a
standard clause stating that the Government reserves the right to negotiate with any or all
tenderer(s) about the terms of the tender.

52.        PSTsy is the approving authority for tender negotiations. This authority has been
delegated to the Tender Boards for negotiations on tenders which fall within their purview.
In addition, PSTsy has authorized PS(Ed) under SPR 385(d) to approve negotiations for
tenders in the following circumstances –
  (a)     when a single tender within the meaning of SPR 325 has been invited with the prior
          approval of PSTsy; or

  (b)     when only one tender or very few tenders have been received in response to an
          open tender invitation and when the tenders received may not be sufficiently
          competitive, whether in terms of price or other key quality attributes; or

  (c)     when the tender price to be recommended is too high in comparison with the price
          of similar procurement in the past or in relation to other market information; or

  (d)     when the tender to be recommended contains counter-proposals to the tender terms
          which are disadvantageous to the Government but are not sufficiently substantial or
          do not cause substantial deviation from the essential requirements contained in the
          invitation to tender to render the recommended tender non-conforming.

53.        The officers authorized by PS(Ed) to conduct tender negotiations shall be at
directorate level, unless otherwise approved by PSTsy. They should, where necessary, seek
advice or assistance from the DGL on commercial aspects and the DoJ on legal aspects.

54.       Tender negotiations can be conducted by exchange of correspondence and/or
meetings. Heads of divisions/sections shall follow the procedures set out in SPR 385 in
conducting tender negotiations and keep proper records of the negotiations. Possible areas
where divisions/sections may consider conducting tender negotiations, and some guidelines
on preparing for and conducting tender negotiations are set out in Appendix III(J) to SPR.


Submission of Tender Reports to Tender Boards

55.        After evaluation of the tenders, the division/section concerned shall prepare a
report for consideration by the relevant Tender Board. The Tender Report should contain
information as set out in Appendix 6. The draft Tender Report may be sent to Senior
Supplies Officer (SSO) for comments, where necessary, before it is cleared with the division
head concerned. The final Tender Report should be signed by a directorate officer for
submission to the relevant Tender Board.

56.       If the sum of the recommended tender exceeds the approved estimate, the head of
division/section concerned must ensure that it is not accepted before approval for an increase
in commitment or supplementary provision has been obtained.

57.       The originals of the tenders received should be submitted with the Tender Report to
the relevant Tender Board as follows –

  (a)     When the ranking of tenders is based on the tendered prices, i.e. no marking
          scheme is used in tender evaluation -

          (i)    If the recommended tender is the lowest, only the three lowest tenders should
                 be submitted.

          (ii)   If the recommended tender is not the lowest, the lower tenders, the
                 recommended tender and the next two higher tenders should be submitted.

  (b)     When the ranking of tenders is based on the overall scores, i.e. a marking scheme is
          used in tender evaluation -
          (i)    If the recommended tender receives the highest overall score, only the tenders
                 of the three highest overall scores should be submitted.

          (ii)   If the recommended tender does not receive the highest overall score, the
                 tenders of the higher scores, the recommended tender and the tenders of the
                 next two lower overall scores should be submitted.

58.        Tender Report shall be submitted in sextuplicate (including the original copy) to
the relevant Tender Board at least four weeks before the expiry of the recommended offer’s
validity or before the intended commencement date of the contract to be awarded, whichever
is the earlier. If there is a delay in putting forward a submission, the division/section
concerned must state the reasons in the Tender Report for not being able to submit on time.
Divisions/sections should forward their submissions to the relevant Tender Board at least five
clear working days prior to a board meeting. The head of division/section concerned or his
representative may be requested to attend the meeting to present his recommendations or to
answer any queries that the Tender Board may have. The officer nominated to attend the
CTB’s meeting must be at directorate level. For submission of Tender Reports to GLDTB,
divisions/sections should observe the requirements stated in DGL’s circular memorandum (5)
in GLD TB/3/6/2 II dated 21.12.2006, which is posted on EDB Intranet ( H. Finance 11.
Stores & Procurement Circulars on stores and procurement matters).


Cancellation of Tender Exercises

59.       If divisions/sections propose to cancel a tender exercise once the tenders have been
invited or not to award a contract following a tender evaluation, they shall seek the prior
approval of the relevant Tender Board for the cancellation of the tender exercise. In
recommending the cancellation of a tender exercise, the division/section concerned should
prepare a report for submission to the relevant Tender Board. The report should be in the
format similar to Appendix 6 and include detailed justifications for cancelling the tender
exercise and state whether and when a second tender exercise will be conducted. The draft
report may be sent to SSO for comments, where necessary, before it is cleared with the
division head concerned. The final report should be signed by a directorate officer for
submission to the relevant Tender Board. Approval of cancellation of tender exercise is not
required when no tender is received after close of tender invitation.


Award of Contract

60.         For tender approved by GLDTB/CTB, the Secretary of the Tender Board
concerned will notify the division/section concerned by memo with the original and duplicate
copies of tender returned. The division/section should then send a letter of acceptance to the
successful tenderer accepting the offer and, where necessary, invite the successful tenderer to
sign the contract on a specified date. The letter should be copied to the Secretary of the
respective Tender Board. In notifying unsuccessful tenderers of the outcome of their
tenders, the reasons why their tenders were unsuccessful should be included in the letters.
Please refer to the prevailing Financial Circular on “Access to Tender Information” regarding
the appropriate time to provide information on the winning tender and the types of tender
information that may be disclosed to the tenderers.

61.         For service contracts that rely heavily on the deployment of non-skilled workers,
divisions/sections should ensure that convictions under the relevant Ordinances and demerit
points obtained after the tender closing date have been taken into account and arrangements
as set out in the paragraph on “Convictions and Demerit Points received after the Tender
Closing Date” of the prevailing Financial Circular on “Tightened Measures on the
Management of Service Contractors” (in particular the inclusion of a “subject to” condition in
the letter of acceptance) have been followed before the letter of acceptance of the offer is
issued. Furthermore, in order to facilitate the Mandatory Provident Fund Schemes
Authority (MPFSA) to take monitoring and enforcement action, divisions/sections are
reminded to forward a copy of the letter of notification of acceptance of tender to MPFSA
(Attn.: Executive Director (Enforcement)).

62.       In the execution and administration of contracts, divisions/sections should follow
the procedures set out in Chapter V of SPR. Divisions/sections shall sign contracts with the
successful tenderer setting out clearly the contractual obligations. As required by SPR
505(e), contracts for services shall be signed by officers at directorate level of the
division/section concerned on behalf of the Government unless PSTsy has authorized
otherwise.


Safe Custody of Tender/Contract Documents

63.        The original of the executed contract, and the related original security bond, banker
guarantee and insurance policy, if any, shall be kept by the division/section concerned in a
safe or strongroom, if available, or otherwise in a cabinet under lock and key. The officer
responsible for the safe custody of the documents shall keep the cabinet key. The duplicate
should be forwarded to the Contractor while the triplicate kept in the contract file for the
purpose of contract administration and monitoring. A certified true copy of the executed
contract shall be forwarded to the Director of Audit for audit purpose. Divisions/sections
are also advised to forward a copy of the contract to the Supplies Section (Attn: SSO) for
record purpose.

64.       The tenders not accepted are retained for three months after the date the relevant
contract has been executed, and then they will be destroyed. However, for procurements
covered by WTO GPA, divisions/sections shall retain the tender documents and all
documents submitted by the tenderers for a period of not less than three years after the
relevant contract has been executed.


Contract Deposit / Performance Bond / Retention Money

65.         Successful tenderers may be required to pay a contract deposit (in the form of cash
or cashier’s order) or submit a performance bond (in the form of a guarantee arranged by a
bank, insurance company, or the parent company (which has been assessed to be financially
capable) of the tenderer) to the Government within a specified period before contract signing
as security for the due and faithful performance of the contract. To protect the interest of
the Government, divisions/sections may include in the payment schedule for the contractor a
right for the Government to hold back a certain sum as retention money. The guidelines on
when contract deposits and/or retention moneys ought to be demanded and at what levels are
stipulated in SPR 361 to 363.

66.       Divisions/sections shall forward the contract deposits received in the form of cash
or cashier’s order from contractors to Bureau Accounts (BA) Section for depositing into
government account. The contract deposit, if any, will not be refunded until the contract has
been satisfactorily completed. Performance bond must be maintained in force up to six
months after the completion of the contract. When the contractor has performed all the
contractual obligations satisfactorily, the division/section concerned shall inform BA Section
to refund the contract deposit to the contractor, which was paid by cashier’s order/cash.


Insurance

67.        It is the responsibility of the division/section concerned to ensure that the
contractor has taken out a policy or policies of insurance required by the contract. The
division/section concerned should also ensure that such policies are up to date. At least
three days prior to executing the contract, the contractor should submit any special policy or
policies required by the contract together with premium receipts to EDB. The officer in
charge of the contract shall examine the validity of such a policy or policies in administering
the contract and be responsible for the safe-keeping of the policy or policies. When an
accident takes place resulting in personal injury in the course of or arising out of the contract,
the division/section concerned should take appropriate action in accordance with SPR 510(b).


Contract Variation

68.         Contracts approved by GLDTB and CTB may be varied and extended to meet
specific requirements. For variations to contracts, division/section concerned shall observe
SPR 520. They should justify that variation to a contract is inevitable. Contract extensions
should be avoided as far as possible and should normally be used as a stop-gap measure with
full justifications provided. Heads of divisions/sections should observe the financial limits
and approving authorities specified in Appendix 7 in processing variations of contracts. If
division/section proposes to vary the terms of a contract, it should seek prior agreement of the
relevant authority (as specified in SPR 520 and Appendix V(B) to SPR) on the proposed
variation and the strategy or bottom line for the contract negotiation. Contract negotiations
should be conducted in accordance with the principles set out in SPR 385 and Appendix III(J)
to SPR. For any variations to service contracts that rely heavily on the deployment of
non-skilled workers, divisions/sections should observe the mandatory requirements and
procedures set out in FSTBCM No. 4/2004 and SPR 520. Divisions/sections should copy
correspondence on their approved variations and any supplementary agreements
consequentially signed to the Director of Audit. Under no circumstances may a
division/section vary a contract which will result in the approved commitment or approved
project estimate being exceeded.


Monitoring of Performance of Contractors

69.        Divisions/sections should monitor the performance of the contractor to ensure that
it performs to standard and complies with the terms of a contract. The procedures for
monitoring performance of contractors are set out in SPR 535 to 541. Divisions/sections
should document the performance of contractors using the Contractor Performance
Evaluation Form (EDB 41) at Appendix 8 (posted on EDB Intranet ( Forms)). They
should copy the aforesaid form to SO(P) for the purpose of updating EDB Standard List of
Suppliers.

70.         For service contracts that rely heavily on the deployment of non-skilled workers,
divisions/sections shall terminate a contract in accordance with the paragraph on
“Termination of contract” of the prevailing Financial Circular on “Tightened Measures on the
Management of Service Contractors” if the contractor or its permitted sub-contractor has
obtained any conviction under the relevant Ordinances or three demerit points over a rolling
period of three years arising from the same contract. Divisions/sections are also reminded
to implement a demerit point system including the issue of default notices to offending
contractors and establishment of monitoring and appeal mechanism under the demerit point
system in accordance with the guidelines set out in the prevailing Financial Circular on
“Tightened Measures on the Management of Service Contractors”. Divisions/sections
handling such service contracts must before the 10th day of each month provide GLD with
information on the demerit points they have given to their contractors during the preceding
month by using the form at Appendix 9 (posted on EDB Intranet ( Forms)), with copies to
SO(P) for record purpose. GLD will publish this information on the Government Intranet
(Central Cyber Government Office (CCGO)). As the accuracy of the information published
on the CCGO will have a direct bearing on the tender evaluation conducted by other
departments and the effectiveness of the demerit point system, divisions/sections which have
issued demerit points should ensure that their monthly returns are provided to GLD
accurately and timely. For demerit points under appeal, in case the appeal is sustained,
division/section concerned should as soon as possible advise GLD to update the information
on CCGO.

71.         In the case where a contractor fails to complete a service contract of a value
exceeding $5 million because of a financial problem, the division/section concerned should
inform the Finance Division of such case for conducting a review to form a view on whether
the financial problem should have been revealed in the assessment of the financial capability
of the contractor at the tendering stage and to assess the loss to the Government as a result of
the contractor’s failure to complete the service contract. The result of the review should be
sent to the Director of Accounting Services in accordance with paragraph 10 of Appendix
III(H) to SPR.


Applicability

72.       This circular applies to all procurements of services (excluding consultancy and
services for construction and engineering works) for and on behalf of Government with a
value exceeding $1.43 million, whether they are funded by government funds (including
Quality Education Fund, Language Fund and Education Development Fund) or
non-government funds (e.g. donations).      For procurement of services for construction and
engineering works, please refer to the prevailing SPR and supplementary procedures set out
in relevant Development Bureau Technical Circulars (Works). For procurement of
consultancy services from firms/organizations with a value exceeding $1.43 million in
circumstances (as in examples given below) when tender procedures are not applicable,
divisions/sections shall follow the consultants selection procedures set out in Chapter IV of
SPR –
   (a)    where problem solving is required in areas in which Government does not have the
          necessary expertise and qualified staff;

   (b)    where the quality of the end product is dependent on the relevant experience,
          efficiency, capability, reputation, expertise and proposed method of approach and
          methodology of the appointed consultant;

   (c)    where the qualities required of the consultant cannot be precisely specified or
          quantified; and
  (d)    where the quality of service is of paramount importance in the selection and where
         selection by competitive tendering on the basis of price is likely to lead to a
         lowering of the quality of service.

73.       In case a government school has a requirement for obtaining services with a value
exceeding $1.43 million, the government school concerned shall follow the above procedures
in processing tender for the services.

Procurement Road Map

74.         A procurement road map has been posted on EDB Intranet ( H. Finance       11.
Stores & Procurement       Road Map for Procurement of Stores and Services) to serve as a
step guide to facilitate divisions/sections and government schools in their procurement
activities.


Sample Tender and Related Documents

75.         To facilitate divisions/sections in preparing tender documents, some tender
documents in respect of previous open tender exercises and a template tender document for
provision of services are posted on EDB Intranet ( H. Finance 11. Stores & Procurement
    Road Map for Procurement of Stores and Services          5. Procurement of Stores and
Services     Procurement of Services by Tender/Quotation/Hire of Services from Individual
    Estimated Value of Services Exceeding $1.43M          Samples of Tender Documents).
Divisions/sections are requested to forward soft copies of their legally vetted open tender
documents to SSO for posting on EDB Intranet for reference and sharing with others after
issue of tenders.

76.        Furthermore, sample letter of acceptance, sample letter notifying unsuccessful
tenderers of outcome of their tenders and useful forms/template are also available on EDB
Intranet ( H. Finance 11. Stores & Procurement Road Map for Procurement of Stores
and Services      5. Procurement of Stores and Services        Procurement of Services by
Tender/Quotation/Hire of Services from Individual            Estimated Value of Services
Exceeding $1.43M) for reference by divisions/sections in preparing their letters and forms.

77.       For service contracts that rely heavily on the deployment of non-skilled workers,
the sample tender and related documents are posted on EDB Intranet ( H. Finance          11.
Stores & Procurement         Road Map for Procurement of Stores and Services               5.
Procurement of Stores and Services      Procurement of Services by Tender/Quotation/Hire of
Services from Individual (e) Circulars, Reference Materials, Sample Memoranda/Letters and
useful links to relevant web-site for Procurement of Services that Rely Heavily on
Deployment of Non-skilled Workers (e.g. Cleansing, Janitor, Security Guard, etc. Services)).


Common Pitfalls to Avoid in Tender Exercise

78.       Officers responsible for processing tenders for services exceeding $1.43 million
should pay attention to the “Common Pitfalls to Avoid in Tender Exercise” posted on EDB
Intranet ( H. Finance 11. Stores & Procurement Common Pitfalls to Avoid).
Enquiries

79.      If you have any enquiries on this circular, please contact Senior Supplies Officer at
2892 6211.




                                                     Mrs Lily TSANG
                                            for Permanent Secretary for Education


Encl
                                                                                    Appendix 1

     Declaration and Undertakings by Officers Involved in Preparing Tender
      Documentation including Tender Specifications and Assessing Tenders
                                  (SPR 186)

                              [Tender Reference and Subject]

           I hereby declare that there is no conflict of interest, whether actual, potential or
perceived, between my official duties to the Government in relation to the captioned tender
exercise, including without limitation those in relation to the preparation of the tender
documentation including tender specifications and the assessment of tenders, and my
financial, professional, commercial, personal or other interests.


2.         I undertake to –

         (a)    hold in strict confidence all tender information that I have access to through
                my official duties to the Government in relation to the captioned tender
                exercise, including without limitation those in relation to the preparation of the
                tender documentation including tender specifications and the assessment of
                tenders. Tender information includes details of tenders received and any
                other sensitive, restricted or confidential information relating to a tender;

         (b)    refrain from making any unauthorised disclosure or taking advantage of any
                tender information referred to in paragraph 2(a) above whether or not for
                personal gain;

         (c)    declare any actual or perceived conflict of interest with my official duties to
                the Government in relation to the captioned tender exercise, including without
                limitation those in relation to the preparation of the tender documentation
                including tender specifications and the assessment of tenders immediately
                when I become aware of any such conflict; and

         (d)    take steps to avoid any conflict of interest with any prospective tenderer or
                tenderer by not putting myself in a position of obligation towards any of them;
                for example, by not accepting any favour or lavish or excessive entertainment,
                and not over-socialising with any of them.


3.         The undertakings in paragraphs 2(a) and (b) above shall not apply :

         (a)    if and when the disclosure and information therein referred to becomes a
                matter of public knowledge (other than by reason of a breach of paragraphs
                2(a) and (b) above); or

         (b)    to any communications or disclosures caused or permitted by me to colleagues
                in the Government who are or are expected to be involved in the course of
                their official duties in the captioned tender exercise or parts thereof.

EDB 38
4.        I understand that I may be subject to disciplinary action should I make a false
declaration or fail to observe any of my above undertakings.




                           Signed                     :

                           Name (block letter)        :

                           Rank                       :

                           Date                       :




EDB 38
                                                                                    Appendix 2

                                          Proforma

                                  Gazette Tender Notice
                                   Education Bureau

          It is hereby notified that sealed tenders in triplicate are invited for the following:-

               Tender Reference : ______________________________________


                          Subject : Provision of Services for




                      Description :




                    Closing Date :                     (Date)


2.*        Tenders must be clearly marked with the tender reference and the subject of the
tender on the outside of the envelope (but should not bear any indication which may relate the
tender to the tenderer) addressed to the Chairman, Tender Opening Committee,
Government Logistics Department and deposited in the Government Logistics
Department Tender Box situated at Ground Floor, North Point Government Offices, 333
Java Road, North Point, Hong Kong before 12:00 noon (Hong Kong Time) on (Monday to
Thursday),                    (Date)           . Late tenders will not be accepted.

2.*        Tenders must be clearly marked with the tender reference and the subject of the
tender on the outside of the envelope (but should not bear any indication which may relate the
tender to the tenderer) addressed to the Chairman, Central Tender Board and deposited in
the Government Secretariat Tender Box situated at the lift lobby on the Lower Ground
Floor, Central Government Offices (East Wing), 20 Lower Albert Road (at its junction with
Garden Road), Central, Hong Kong before 12:00 noon (Hong Kong Time) on Friday,
(Date)            . Late tenders will not be accepted.

3.         Tender forms are obtainable from the __________Section, ___________ Division,
Education Bureau,                                           (full address)
(Tel.: (852) ____________, Fax : (852) ____________).

4.        Limited quantity of the tender forms is also available in the following offices for
collection:-

    (i)   The Central and Western District Office Public Enquiry Service Centre, Unit 5,
          Ground Floor, The Center, 99 Queen’s Road Central, Hong Kong (Tel.: (852) 2189
          2819); and
    (ii)   The Yau Tsim Mong District Office Public Enquiry Service Centre, Mong Kok
           Government Offices, Ground Floor, 30 Luen Wan Street, Kowloon (Tel.: (852)
           2399 2111).

5.        Tenderers are advised to call the above District Offices to check the availability of
the tender forms beforehand. In case the tender forms have been run out in the District
Offices, tenderers are requested to collect the tender forms direct from the_________ Section,
___________ Division of the Education Bureau at the address stated in paragraph 3 above.

6.        The estimated quantity for this tender is ___________*. Enquiries in connection
with tenders can be directed to the ____________ Section, __________ Division, Education
Bureau, ___/F Wu Chung House, 213 Queen’s Road East, Wan Chai, Hong Kong (Tel.:
(852) ____________ , Fax : (852) ____________).

7.*        A tender briefing will be conducted in Cantonese / English* at (Time) on
 (Date) at (Venue) . Tenderers who wish to attend the briefing can nominate at most
  (Number) representatives and complete the Reply Slip provided in the tender document.
Tenderers are requested to return the completed Reply Slip to the Permanent Secretary for
Education (Attn: (Officer-in-charge) ) on or before       (Date) . For details, please
refer to Clause    in Part    of the tender document.

8.        This tender is / is not* covered by the Agreement on Government Procurement of
the World Trade Organization.

9.          The Government of the Hong Kong Special Administrative Region does not bind
itself to accept the lowest tender or any tender, and reserves the right to negotiate with any
tenderer about the terms of the offer.

10.     Details of the award of this contract will be published in the Government of the
Hong Kong Special Administrative Region Gazette and made available on the Internet.




                                          (                                                  )
                                                  Permanent Secretary for Education


           (Date)




* Delete as appropriate
                                                         附錄3
                             格式樣本


                       教育局招標公告

    現招標承投下列項目,投標者必須填具一式三份的投標表
格,並將填妥的投標表格放置信封內封密:

        招標編號 :

            項目 :    為 _____________提 供              服務

            內容 :



        截標日期 :      (日 期 )


2.*   投 標 者 必 須 在 信 封 面 註 明 招 標 編 號 、 投 標 項 目 (但 不 得 有 任 何
記 認 , 使 人 認 出 投 標 者 的 身 分 )及 「 政 府 物 流 服 務 署 開 標 委 員 會 主 席
    。
收 」 投 標 者 必 須 於 (日 期 )     ( 星 期 一 至 四 ) 中 午 12 時 ( 香 港 時 間 )
前 , 把 投 標 書 投入 香 港 北 角 渣 華 道 3 3 3 號 北 角 政 府 合 署 地 下 的 「 政 府
物流服務署投標箱」內。逾期的投標概不受理。


2.*   投 標 者 必 須 在 信 封 面 註 明 招 標 編 號 、 投 標 項 目 (但 不 得 有 任 何
                                                      。
記 認 , 使 人 認 出 投 標 者 的 身 分 )及 「 中 央 投 標 委 員 會 主 席 收 」 投 標 者
必 須 於 ( 日 期 ) 星 期 五 中 午 12 時 ( 香 港 時 間 ) 前 , 把 投 標 書 投入 香 港 中
環 下 亞 厘 畢 道 20 號 (近 花 園 道 口 )中 區 政 府 合 署 東 座 地 下 低 層 電 梯 門
廊的「政府總部投標箱」內。逾期的投標概不受理。

3.    投標表格可在                      (詳 細 地 址 )         教育局
        分部            組 索 取 ( 電 話 號碼: ( 8 5 2 )            ,
傳 真 號碼: ( 8 5 2 )         )。

4.    下列辦事處亦備有少量的 投標表格,以供索取:

(i)   香 港 皇 后 大 道 中 99 號 中 環 中 心 地 下 5 號 室 中 西 區 民 政 事 務 處 諮
      詢 服 務 中 心 ( 電 話 號碼: ( 8 5 2 ) 2 1 8 9 2 8 1 9 ) ; 以 及

(ii) 九 龍 聯 運 街 30 號 旺 角 政 府 合 署 地 下 油 尖 旺 民 政 事 務 處 諮 詢 服 務
      中 心 ( 電 話 號碼: ( 8 5 2 ) 2 3 9 9 2 1 1 1 ) 。

5.    投標者應先致電上述民政事務處,查詢投標表格的存量。如上
述民政事務處備存的投標表格已派發完畢,投標者請按上文第 3 段所
列的地址,直接於教育局    分部   組索取。

6. 本招標項目的估計數量為                        *。 有 關 投 標 的 查 詢 , 可 向
下列辦事處的有關人員提出:

香 港 灣 仔 皇 后 大 道 東 213 號 胡 忠 大 廈   樓教育局           分部      組
( 電 話 號碼: ( 8 5 2 )  , 傳 真 號碼: ( 8 5 2 ) )。


7.*    有 關 是 次 招 標 的 簡 介 會 將 於 (日 期 )   (時 間 ) 在   (地 點 )
以 粵 語 /英 語 *進 行 。 有 意 參 加 上 述 簡 介 會 的 投 標 者 須 填 妥 夾 附 在 招 標
文件的回條,並最多可提名 名代表參加。投標者須把填妥的回條於
(日 期 )或 以 前 交 回 教 育 局 常 任 秘 書 長 (經 辦 人 :(負 責 人 員 ))。 有 關 詳
情,請參閱招標文件第 部第 條。


8.       是 次 招 標 受 /不 受 *世 界 貿 易 組 織 政 府 採 購 協 定 規 管 。


9. 香港特別行政區政府不一定採納索價最低的投標書或任何一
份投標書,並有權與任何投標者商議批出合約的條款。


10. 批 出 是 項 合 約 的 詳 情,將  載 於 香 港 特 別 行 政 區 政 府 憲 報,並
在互聯網上公布。




                                     教育局常任秘書長




     (日 期 )



*請 刪 去 不 適 用 者
                                                                           Appendix 4

                                     Proforma

                          Tender Page for the Internet

Procuring Bureau:        Education Bureau


Tender Reference:        _____________________________________________


Subject:                 Provision of Services for ________________________
                         _____________________________________________


Description:             _____________________________________________
                         _____________________________________________


Estimated quantity*:     _____________________________________________
                         _____________________________________________


Enquiry:                 ________Section,
                         _________ Division,
                         Education Bureau,
                         ___/F Wu Chung House,
                         213 Queen’s Road East,
                         Wan Chai, Hong Kong.
                         (Attn : ______________)
                         Tel.: (852) ____________
                         Fax: (852) ____________

Closing Date:            12:00 noon (Hong Kong Time) on (Date)

Submission of Tenders:   *Tenders are to be addressed to the Chairman, Tender
                          Opening Committee, Government Logistics Department
                          and deposited in the Government Logistics Department
                          Tender Box situated at Ground Floor, North Point
                          Government Offices, 333 Java Road, North Point, Hong
                          Kong.

                         *Tenders are to be addressed to the Chairman, Central
                          Tender Board and deposited in the Government Secretariat
                          Tender Box situated at the lift lobby on the Lower Ground
                          Floor, Central Government Offices (East Wing), 20 Lower
                          Albert Road (at its junction with Garden Road), Central,
                          Hong Kong.
Tender Briefing*:         A tender briefing will be conducted in Cantonese / English*
                          at (Time) on (Date) at (Venue) . Tenderers who
                          wish to attend the briefing can nominate at most
                            (Number) representatives and complete the Reply Slip
                          provided in the tender document. Tenderers are requested
                          to return the completed Reply Slip to the Permanent
                          Secretary for Education (Attn: (Officer-in-charge) ) on
                          or before (Date) . For details, please refer to Clause
                               in Part      of the tender document.

Collection of Tender      Tender forms are obtainable from the _______ Section,
Documents:                _____________Division, Education Bureau,
                          ____________(full address) ________________________
                          (Tel.: (852) ____________, Fax: (852) _____________).

                          Limited quantity of the tender forms is also available in the
                          following offices for collection:-

                          (i)    The Central and Western District Office
                                 Public Enquiry Service Centre,
                                 Unit 5, Ground Floor, The Center,
                                 99 Queen’s Road Central,
                                 Hong Kong
                                 (Tel.: (852) 2189 2819); and

                          (ii)    The Yau Tsim Mong District Office
                                 Public Enquiry Service Centre,
                                 Mong Kok Government Offices,
                                 Ground Floor, 30 Luen Wan Street,
                                 Kowloon
                                 (Tel.: (852) 2399 2111).

                          Tenderers are advised to call the above District Offices to
                          check the availability of the tender forms beforehand. In
                          case the tender forms have been run out in the District
                          Offices, tenderers are requested to collect the tender forms
                          from the              Section,              Division of the
                          Education Bureau at the address stated above direct.

Remarks:                  This tender is / is not* covered by the Agreement on
                          Government Procurement of the World Trade Organization.

                          The Government of the Hong Kong Special Administrative
                          Region does not bind itself to accept the lowest tender or
                          any tender, and reserves the right to negotiate with any
                          tenderer about the terms of the offer.

                          Details of the award of this contract will be published in the
                          Government of the Hong Kong Special Administrative
                          Region Gazette and made available on the Internet.

* Delete as appropriate
                                                     附錄 5
                          格式樣本

                   互聯網上招標資料



採購局      :   教育局


招標編號     :


項目       :   為                   提供                   服務

內容       :




估計數量*    :




查詢       :   香港灣仔
             皇 后 大 道 東 213 號
             胡忠大廈           樓
             教育局              分部            組
             (經 辦 人 :         )
             電 話 號碼: (852)
             傳 真 號碼: (852)


截標日期     :            年    月      日 中 午 12 時 ( 香 港 時 間 )



投標簡介會*       :   有 關 是 次 招 標 的 簡 介 會 將 於 (日 期 )    (時 間 )
                 在   (地 點 )  以 粵 語 /英 語 *進 行 。 有 意 參 加 上
                 述簡介會的投標者須填妥夾附在招標文件的回
                 條,並最多可提名          名代表參加。投標者須把
                 填 妥 的 回 條 於 (日 期 )或 以 前 交 回 教 育 局 常 任
                 秘 書 長 (經 辦 人 : (負 責 人 員 ) )。 有 關 詳 情 , 請
                 參閱招標文件第 部第 條。


索取投標表格       :   投標表格可在        (詳細地址)      教育局        分部
                     ______ 組索取
                     (電 話 號碼 :(852)       ,傳 真 號碼:(852)          )。

                     下列辦事處亦備有少量的投標表格,以供索取:
                     (i) 香 港 皇 后 大 道 中 9 9 號 中 環 中 心 地 下 5 號 室
                         中西區民政事務處諮 詢 服 務 中 心
                         (電 話 號碼: (852) 2189 2819); 以 及
                     (ii) 九 龍 聯 運 街 30 號 旺 角 政 府 合 署 地 下
                          油尖旺民政事務處諮 詢 服 務 中 心
                          (電 話 號碼: (852) 2399 2111)。

                     投標者應先致電上述民政事務處,查詢投標表格
                     的存量。如上述民政事務處備存的投標表格已派
                     發完畢,投標者請按上述地址,直接於教育局
                         分部    組索取。



附註               :   是次招標受/不受*世界貿易組織政府採購協定規管。

                     香港特別行政區政府不一定採納索價最低的投標書或任何
                     一份投標書,並有權與任何投標者商議批 出 合 約 的 條
                     款。

                     批出是項合約的詳情,將載於香港特別行政區政府憲
                     報,並在互聯網上公布。



*請 刪 去 不 適 用 者
                                                                               Appendix 6

                             Standard Tender Report Format
                                 RESTRICTED (TENDER)
                                         MEMO
 From : Permanent Secretary for Education   To : Chairman, ……Tender Board

 Fax No.: (Fax No. of the division/section concerned should be provided to facilitate urgent
           exchange of written correspondences between the Tender Board and the
           division/section concerned)

                            Tender Reference _________________
     Provision of Services for ________________________________________________


A.   Type and Duration of Contract
      — Example: This is a 3-year service contract with provision for price fluctuation
        adjustment based on Consumer Price Index (A).

B.   Brief Description of Contract
     — Give a brief description of the scope of services.
     — State the importance and sensitivity of the contract and any special tendering and
       contract requirements which have affected the tender recommendation, if applicable.

C.   Authority to Call Tenders
     — For single or restricted tendering, quote the approving authority and provide a
       summary of reasons.
     — State whether the tender is subject to the Agreement on Government Procurement of
       the World Trade Organization (WTO GPA).

D.   Details of Invitation
      — Date(s) of tender invitation.
      — Closing date for receipt of tenders.
      — Date of expiry of validity, and date of expiry of extended validity if any, of each
        tender.
      — Reasons for delay in making tender recommendation, if applicable.

E.   Details of Tenders
     — State number of invitations issued (if not by Gazette notification) and number of
       tenders received and withdrawn, if any.
     — List the tenderers in the form of a comparative statement showing the tender sums
       quoted by each of the respective tenderers starting with the lowest. This may be
       supplemented by an enclosure if necessary. If there are corrections to the tender
       sums, provide details and attach copies of tenderer's letters confirming their
       willingness to abide by the corrected tender sums. List the tenders according to the
       corrected tender sums alongside the original tender sums.
     — Provide details and results of any negotiations with tenderer(s) if prior approval to
       conduct tender negotiations has been obtained from the appropriate authority.

F.   Recommendation
     — State the evaluation criteria and different stages of the evaluation process (if
       applicable).
     — State the recommendation on the tender to be accepted.
     — Provide detailed reasons for not recommending acceptance of the lowest conforming
       tender, or the tender of the highest overall scorer when a marking scheme is used for
       tender assessment.
     — Confirm that the tender recommended for acceptance complies with the tender
       terms, conditions and specifications. If not, state where the tender fails to comply
       and explain.
     — Confirm that the recommended tenderer is suitable to perform the contract having
       regard to the performance reports, a summary of which should also be attached.
       State the reasons why a tender is recommended despite the tenderer has been given
       adverse report(s) for other contract(s). If the recommendation is a controversial
       one, e.g. if a recommendation is made against the advice of consultants or if the
       lowest conforming tender or highest overall scorer as appropriate is not
       recommended for acceptance, the Bureau may wish to comment on the suitability of
       other tenderers whose tenders are nearest to the one being recommended so that the
       relevant tender board may be able to decide on the acceptance without referring the
       tender report back to the Bureau.
     — State any other special circumstances or important assumptions governing the
       recommendation.
     — For service contracts with a value exceeding $5 million, confirm that the
       recommended tenderer has been financially vetted and that the tenderer is
       considered financially capable. Where financial vetting has not been conducted,
       explain why.
     — Attach a list of convictions for related offences under relevant Ordinances, such as
       Employment Ordinance, Employees’ Compensation Ordinance, Immigration
       Ordinance, Criminal Procedure Ordinance and Mandatory Provident Fund Schemes
       Ordinance in respect of the recommended tenderer during the specified period (as
       promulgated in relevant Financial Circulars, Financial Services and the Treasury
       Bureau Circular Memoranda or other relevant memoranda issued by the Financial
       Services and the Treasury Bureau) prior to the closing date set for receipt of tenders.
     — For tenders subject to WTO GPA, confirm that the requirements of WTO GPA have
       been complied with.

G.   Comparison with the Estimate and Similar Contracts
     — Compare the recommended tender sum with the prices of similar contracts
       (month/year of award), where applicable. If a price comparison cannot be made,
       this should be stated and explained.
     — Compare the recommended tender sum with the second and third lowest.
     — Confirm that the recommended tender sum is fair and reasonable, and explain why it
       is considered realistic to accept the tender if the tendered sum is significantly higher
       or lower than the sum allowed for the contract in the approved estimates.
H.   Availability of Funds
     — Confirm that funds are available and state the vote to be charged.


I.   Avoiding Conflict of Interest
     — Confirm whether officers involved in preparing tender documentation (including
       tender specifications), assessing tenders, and participating in tender negotiations have
       declared their interest in accordance with SPR 186 and state, where conflict of
       interest has been identified, what remedial action has been made.

J.   Name and Telephone Number of Contact Officer
     — Nominate an officer/officers to answer questions from the tender board or attend
       board meetings for this item, if necessary. The telephone nos. of the nominated
       officer/officers should be provided.
       (Note: The officer nominated to attend the CTB’s meeting must be at directorate
                 level.)




                                               (                                             )
                                                   Must be signed by a directorate officer
                                                   for Permanent Secretary for Education
                                                                                Appendix 7


           Schedule of Authorities for Variation of Contracts for Services
                        (pursuant to Appendix V(B) to SPR)


I.    For contracts awarded on the advice of the GLDTB

 (a) To approve any number of variations,      (i)   Officers at directorate level or above -
     excluding extension of contract period,         accumulated value of the variations up
     provided that all the relevant factors,         to 25% of the original contract value or
     including rates, are no less favourable         $1.43 million, whichever is the greater;
     and subject to funds being available            and

                                               (ii) PS(Ed) -
                                                    accumulated value of the variations up
                                                    to 50% of the original contract value.

 (b) To approve variations other than those    (i)   GLDTB -
     covered by (a), excluding extension of          accumulated value of the variations up
     contract period, subject to funds being         to $10 million; and
     available
                                               (ii) PSTsy -
                                                    no limit.

 (c) To approve extension of contract period   (i)   PS(Ed) -
                                                     accumulated value of the variations up
                                                     to $1.43 million; and

                                               (ii) PSTsy -
                                                    no limit.


II.   For contracts awarded on the advice of the CTB

 (a) To approve any number of variations, (i)        Officers at D1 rank -
     excluding extension of contract period,         accumulated value of the variations up
     provided that all the relevant factors,         to $1.43 million;
     including rates, are no less favourable
     and subject to funds being available    (ii)    Officers at D2 rank -
                                                     accumulated value of the variations up
                                                     to 5% of the original contract value or
                                                     $1.65 million, whichever is the greater;

                                               (iii) Officers at D3 rank or above -
                                                     accumulated value of the variations up
                                                     to 10% of the original contract value or
                                                     $2 million, whichever is the greater; and

                                               (iv) PS(Ed) -
                                                    accumulated value of the variations up
                                                    to 20% of the original contract value or
                                                    $4 million, whichever is the greater.

(b) To approve variations other than those          PSTsy -
    covered by (a), excluding extension of          no limit.
    contract period, subject to funds being
    available

(c) To approve extension of contract period   (i)   PS(Ed) -
                                                    accumulated value of the variations up
                                                    to $1.43 million; and

                                              (ii) PSTsy -
                                                   no limit.
                                                                                                                                   Appendix 8

                                                   Contractor Performance Evaluation
                                              (For procurement of services over HK$50,000)

Name                                  of                                  Contractor                                                        :
________________________________________________________________________________________________________

Contract No.(if any) :                                                               Order (GF 220) No. :

General Description of Services :
         Assessment Criteria                       Rating Given                                 Supporting details for rating 2 or 1
                                           (Please “ ” appropriate box)
                                                     (Note 1)
                                              5    4    3     2      1
        (a) Delay experienced
                                                       (Note 1)
                                              5    4      3     2    1
        (b) Services being rejected
                                                       (Note 2)
                                              5    4      3     2    1
        (c) Quality of services provided
                                                     (Note 2)
                                              5    4    3     2      1
        (d) Overall performance




 Rating       Note 1            Note 2                                   Signature :
    5         Never         Outstanding                     Name in Block Letter :
   4     Seldom       Good                             Designation :
   3     Moderate   Moderate    Division/Section/Government School :
   2     Frequent     Poor                        Contact Tel. No. :
   1     Serious    Very Poor                                 Date :
EDB 41
                                                                                                                                 Appendix 9

                                  Information on Demerit Point issued to Service Contractors
                                               (Financial Circular No. 4/2006)
To      :   Director of Government Logistics
            [Attn.: SSO(TS)]
E-mail :    hktender@gld.gov.hk
Month :

                                                                                                                                       Department   Dem
                                                                                                     Nature of                           Contact     po
  Name of         Business                     Tender                                  Demerit
                                  Contract                     Description of                       Contractual        Name of           Officer     und
 Offending       Registration                   Issue                                Point Given
                                    No.                          Contract                           Obligations       Department        (Name &     app
Contractor(∧)        No.                        Date                                 on (Date)(@)
                                                                                                    Breached (*)                        Telephone   Yes
                                                                                                                                           No.)
    e.g.         01234567-000     X1/2/05      1.6.2005   Provision of Cleansing       7.5.2006         Wages        X Department      Mr A CHAN      N
 A Company                                                Services                                                                      1234 5678




N.B. (^) Grouped by supplier
     (@) On a chronological order by supplier
     (*) Please specify nature of the contractual obligations breached (i.e. wages/daily maximum working hours/signing of standard employment
         contracts/wage payment by autopay).

                                                                                                          Signature     :
                                                                                                          Name          :
                                                                                                          Department    :
                                                                                                          Post          :
                                                                                                          Date          :

								
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