The Government of the Hong Kong
Special Administrative Region
Social Welfare Department
INVITATION TO TENDER
FOR
ADMINISTERING AND DELIVERY OF
ASSISTANCE FOR
NON-REFOULEMENT CLAIMANTS
Tenth Project
Service Tender Reference: SWDT092017
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Service Tender Reference: SWDT092017
Table of Contents
Table of Contents
This document identified as Social Welfare Department Service Tender Reference
SWDT092017 consists of the following –
page
Interpretations
3
Notes for Tenderers
10
Part I
Terms of Tender
12
Appendix 1
- Technical Proposal
31
Appendix 2
- Price Proposal
43
(Contract A)
(Contract B)
(Contract C)
Appendix 3
- Financial Information
52
Appendix 4
- Marking Scheme for Technical Assessment
56
Appendix 5
- Sample Scenario for Rules of Tender Acceptance
67
Appendix 6
- Form of Bank Guarantee
71
Appendix 7
- Reply Slip for the Briefing Session of the Invitation to
76
Tenders
Appendix 8
- Non-collusive Tendering Certificate
78
Part II
Offer to be Bound
82
Appendix 9
- Sample of Offer to be Bound
83
Part III
Memorandum of Acceptance
85
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Table of Contents
Part IV
Conditions of Contract
86
Schedule 1
- Service Plan
108
Schedule 2
- Price Schedule
109
Part V
Service Specifications
110
Annex 1
- Service Boundaries of the Three Service Regions
124
Annex 2
- Half-monthly Expenditure Report
129
Annex 3
- Service Statistics Report
130
Annex 4
- Rental Deposit Report
132
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Interpretations
Interpretations
1.
In these Tender Documents, the following words and expressions have the meaning
hereby assigned to them unless the context otherwise requires
–
“Administrative
means the charges for administering and delivering the Services
Cost”
as stipulated in Clause 5 of the Service Specifications as set out
in Schedule 2 to the Conditions of Contract, representing the
Monthly Unit Rate times the actual number of Service Users
served;
“Asylum Seeker”
means a person who has lodged a claim under the 1951 United
Nations Convention relating to the Status of Refugees with the
UNHCR;
“Bank Guarantee”
means the bank guarantee referred to in Clause 15 of the Terms
of Tender and Clause 21 of the Conditions of Contract;
“Conforming
means a tender which has attained the passing mark for Stage 3
Tender”
Technical Assessment in relation to the tender evaluation as
referred to in Clause 9 of the Terms of Tender;
“Contract”
means the contract made between the Government and the
Contractor for the provision of Services on and subject to the
terms and conditions contained in
–
(a)
these Interpretations;
(b)
the Terms of Tender, insofar as they are applicable;
(c)
the Offer to be Bound duly completed and signed by the
Tenderer to whom a Contract is awarded;
(d)
the Memorandum of Acceptance as signed on behalf of
the Government;
(e)
the Conditions of Contract;
(f)
the Service Specifications;
together with all the respective appendices, schedules and
annexes to any of the above documents;
“Contract A”
means the contract for Service Region of Kowloon City and
Yau Tsim Mong Region with service boundaries set out in
Annex 1;
“Contract B”
means the contract for Service Region of Hong Kong, Kowloon
and Islands (excluding Kowloon City and Yau Tsim Mong)
Region with service boundaries set out in Annex 1;
“Contract C”
means the contract for Service Region of New Territories
Region with service boundaries set out in Annex 1;
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Interpretations
“Contract
means 1 February 2019 or such other date as may be specified
Commencement
by the Government Representative in the Memorandum of
Date”
Acceptance for the Successful Tenderer to commence the
Contract;
“Contract Deposit” means the amount payable by the Successful Tenderer pursuant
to Clause 15 of the Terms of Tender and Clause 21 of the
Conditions of Contract;
“Contract Term” or means the term of the Contract as described in Clause 1 of the
"Term"
Conditions of Contract and any extension or sooner termination
thereof pursuant to any applicable provision of the Contract;
“Contractor”
means the Tenderer whose tender to provide the Services is
accepted by the Government and includes its personal
representatives, successors and permitted assignees;
“Department”
means the Social Welfare Department of the Government;
or “SWD”
“Electronic Token” means a plastic smart card that contains an embedded computer
or “E-token”
chip or other alternative devices for data storage, retrieval and
transaction. It serves as an electronic wallet with stored value
function for purchase of food items in food outlets of Food
Contractor used by an eligible Service User.
“Financial Year”
means a period during the Contract Term commencing on
1 April of each year and ending on 31 March of the following
year, both dates inclusive;
“Food Contractor”
means the contractor which is contracted by the Government to
provide food items to the Service Users by purchase via
Electronic Token;
“Government”
means the Government of the Hong Kong Special
Administrative Region of the People’s Republic of China;
“Government
means the Director of Social Welfare or any officer authorised
Representative”
by her to act on her behalf for the purposes of the Contract;
“Hong Kong”
means the Hong Kong Special Administrative Region of the
People’s Republic of China;
“Immigration
means the Immigration Department of the Government;
Department”
“Letter of
means the letter of conditional acceptance as referred to in
Conditional
Clause 13 of the Terms of Tender;
Acceptance”
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Interpretations
“Mandated
means a person who, whilst in Hong Kong, has been
Refugee”
recognised as a refugee by the UNHCR acting under its
mandate under the 1951 United Nations Convention relating to
the Status of Refugees, including Non-refoulement Claimants
whose claims are substantiated under the USM on grounds of
persecution risks and referred to UNHCR for such recognition,
and has not departed Hong Kong since being so recognised;
“Minimum Total
means the Monthly Unit Rate in row [A] in paragraph 2 of the
Monthly Charge”
Price Proposal multiplying the pre-set Minimum Number of
Service Users of each of the three Contracts that is set out in
Schedule 2 (Price Proposal) to the Conditions of Contract;
“Minimum
means 2 500 service users for Contract A; 2 000 service users
Number of Service
for Contract B; and 2 000 for Contract C that the Government
Users”
is committed to on the basis of the Minimum Total Monthly
Charge as set out in Clause 5.4.2 of the Conditions of Contract;
“Month” or
means calendar month;
“month”
“Monthly Unit
means the service charges for administering and delivering the
Rate”
Services to one Service User as set out in Schedule 2 (Price
Schedule) to the Conditions of Contract;
“Non-refoulement
means a person who have made claim for non-refoulement
Claimant”
protection against expulsion, return or surrender from Hong
Kong to another country on applicable grounds including risks
of (i) torture under Part VIIC of the Immigration Ordinance
(Cap. 115); (ii) torture or cruel, inhuman or degrading
treatment or punishment under Article 3 of Section 8 of the
Hong Kong Bill of Rights Ordinance (Cap. 383); and (iii)
persecution with reference to the non-refoulement principle
under Article 33 of the 1951 Convention relating to the Status
of Refugees and has not departed Hong Kong since making his
claim;
“number of Service means the actual number of Service Users served as at the last
Users served in a
day of a month
month”
“Professional
means a registered social worker or a counsellor who has a
Worker”
minimum academic qualification of a bachelor degree in social
work or counselling from a university in Hong Kong or
equivalent;
“Proposed Monthly means the monthly service charges for administering and
Unit Rate”
delivering the Services to one Service User as set out in
paragraph 2 of Appendix 2 to the Terms of Tender;
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Interpretations
"Registered Social
means those social workers registered under Social Workers
Worker"
Registration Ordinance (Cap. 505) in Hong Kong;
“Relevant
means the full-time experience gained after acquiring a
Experience”
bachelor degree in social work or counselling in providing (i)
humanitarian assistance for Non-refoulement Claimants and /
or similar classes of persons who have claimed asylum and / or
non-refoulement protection; and / or (ii) emergency relief
services for victims of massive disasters arising from war or
earthquakes or other natural disasters in or outside Hong Kong;
“Services”
means the administering and delivery of different types of
assistance including the performance of all other obligations,
tasks, duties and services incidental or ancillary thereto in
accordance with the Service Specifications and Schedule 1 to
the Conditions of Contract, as the same may be varied or
modified, subject to the terms and conditions of the Contract;
“Service Director”
means a person who has
–
(a)
a minimum academic qualification of a bachelor degree
from a university in Hong Kong or equivalent; and
(b)
a minimum of three years of aggregate Supervisory
Experience;
“Service Region”
means a geographical region as defined and set out in Annex 1
to the Service Specifications;
“Service User”
means a person referred to in Clause 4.2 of the Conditions of
Contract;
“Successful
means a Tenderer who receives a Letter of Conditional
Tenderer”
Acceptance from the Government notifying conditional
acceptance of its tender subject to Clause 13 of the Terms of
Tender;
“Supervisory
means the full-time experience gained by holding a position
Experience”
which led and supervised a staff team of Professional Workers
and Supporting Workers in providing (i) humanitarian
assistance for Non-refoulement Claimants and / or similar
classes of persons who have claimed asylum and / or
non-refoulement protection; and / or (ii) emergency relief
services for victims of massive disasters arising from war or
earthquakes or other natural disasters in or outside Hong Kong;
“Supporting
means workers other than Professional Workers, including but
Worker”
not limited to those responsible for finance and clerical work;
“Tender Closing
means 12:00 noon on 7 September 2018, as if it has been
Date”
extended, the extended date;
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Interpretations
“Tender
means the tender documents issued by the Government in
Documents”
relation to this invitation to tender for the Contract and
comprises the following
–
(a)
these Interpretations;
(b)
Notes for Tenderers;
(c)
Part I: the Terms of Tender (“Terms of Tender”);
(d) Part II: a proforma Offer to be Bound;
(e)
Part III: a proforma Memorandum of Acceptance;
(f)
Part IV: the Conditions of Contract (“Conditions of
Contract”); and
(g)
Part V: the Service Specifications (“Service
Specifications”)
together with all the respective appendices, schedules and
annexes to each of the above documents which appear at the
beginning of the tender documents;
“Tender Validity
means the period referred to in Clause 8.1 of the Terms of
Period”
Tender;
“Tenderer”
means a tenderer with separate legal entity which has submitted
a tender in response to this invitation to tender for the Contract;
“Torture Claimant” means a person who has lodged a torture claim under the
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment with the Government;
“Total Contract
means the lump sum as set out in Schedule 2 to the Conditions
Value”
of Contract, representing the Total Monthly Charge times 24
months;
“Total Monthly
means the lump sum as set out in Schedule 2 to the Conditions
Charge”
of Contract, representing Monthly Unit Rate for the estimated
highest number of Service Users for the Service Region;
“UNHCR”
means the United Nations High Commissioner for Refugees
Sub-office in Hong Kong;
“USM”
means the unified screening mechanism implemented by the
Immigration Department for determining non-refoulement
claims;
“Working Day”
means a day not being a general holiday within the meaning of
the General Holidays Ordinance (Cap. 149), a black rainstorm
warning day within the meaning of Section 71(2) of the
Interpretation and General Clauses Ordinance (Cap. 1) or a gale
warning day within the meaning of the same Ordinance.
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Interpretations
Rules of Interpretation
2.
The following rules of interpretation, unless the context otherwise requires, shall be
used in interpreting both the Tender Documents and the Contract.
2.1
A word or expression not specifically defined herein shall, unless the context
otherwise requires, have the meaning assigned to it under the Immigration Ordinance
(Cap. 115).
2.2
Words and expressions importing the singular shall include the plural and vice versa;
and words and expressions importing a gender shall include every gender.
2.3
Section or clause headings to any provision, schedule, annex or other attachments of
the Tender Documents are inserted for convenience of reference only and shall not in
any way vary, limit or extend the interpretation of the Tender Documents.
2.4
Where in any of the Tender Documents there is a reference to a clause, sub-clause,
schedule, appendix, annex or attachment by number or letter, and not in conjunction
with an ordinance or regulation, such reference shall, where the context permits or
requires, be construed as a reference to the clause, or sub-clause; or a schedule,
appendix, annex or attachment of that number or letter contained in or attached to (as
the case may be) the document in which such reference appears.
2.5
References to any statute, enactment, order, regulation or other similar instrument
shall be construed as references to such statute, enactment, order, regulation or
instrument as it may from time to time be amended, modified, extended, re-enacted or
replaced (whether before or after the date of the Contract) and including all subsidiary
legislation from time to time made under it.
2.6
Words importing a person shall, where the context so requires or admits, include an
individual, a firm, partnership, trust, corporation, government, governmental body,
authority, agency, unincorporated body of persons or associations, corporations and
any organisations.
2.7
Unless the context requires otherwise –
(a)
any word or expression to which a specific meaning has been attached in any
part of any of the Tender Documents shall bear such meaning whenever it may
appear in the same and other parts of the Tender Documents; and
(b)
any rule of construction set out in any part of the Tender Documents shall
apply to other parts of the Tender Documents.
2.8
Unless otherwise provided, all offers and payments shall be made in Hong Kong
dollars.
2.9
Reference to time or dates in the Tender Documents shall, unless otherwise specified,
be construed as Hong Kong time or dates.
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Interpretations
2.10
The Tender Documents and the Contract, or any other agreement or document
respectively referred to therein shall be construed as a reference to such document, as
the same may from time to time be amended, varied, novated, or supplemented and
shall include any document which is supplemental to, is expressed to be collateral with
or is entered into pursuant to or in accordance with the terms of any such document.
2.11
All rights and powers of the Government under the Tender Documents and the
Contract may be exercised by the Government Representative for and on behalf of the
Government.
2.12
Any agreement, consent or approval to be given by the Government may be given or
withheld at its discretion, and subject to any conditions as the Government may
consider appropriate, must be in writing, given before the act or matter or thing for
which agreement, consent or approval is required and signed by the Government or a
duly authorised person on its behalf to be effective. Failure by the Government to
give any agreement, consent or approval shall be deemed a denial or refusal.
2.13
References to “Tenderer” and “Contractor” shall include its or his successors,
permitted assigns, any persons deriving title under it, personal representatives, and
administrators, as the case may be.
2.14
In the event that the Tenderer or the Contractor is a group of persons, each of these
persons shall assume the obligations and liabilities of the Tenderer or Contractor (as
the case may be) on a joint and several bases.
2.15
The expression “Cap.” means a Chapter of the Laws of Hong Kong.
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Notes for Tenderers
Notes for Tenderers
1.
Introduction
1.1
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment has been extended to Hong Kong since 1992. The Government has
put in place administrative procedures for assessing torture claims. On the other
hand, although the 1951 United Nations Convention relating to the Status of Refugees
does not apply to Hong Kong, asylum claims (on grounds of a claimed fear of
persecution) have always been assessed by the UNHCR. As a matter of prevailing
law / policy, these persons would not be removed pending the resolution of their
claims. On humanitarian grounds, the Government has been commissioning
non-governmental organisation since March 2006 to provide assistance-in-kind to
Asylum Seekers and Torture Claimants who are deprived of basic needs during their
presence in Hong Kong. On the same basis, the provision of assistance-in-kind was
extended to Mandated Refugees pending resettlement starting from January 2012.
1.2
Pursuant to two rulings by the Court of Final Appeal in December 2012 and March
2013, the Immigration Department expanded the torture claim screening mechanism
into the USM since 3 March 2014 to determine non-refoulement claims. While the
UNHCR has decided to cease screening of asylum claims upon the Immigration
Department’s commissioning of the USM, it continues to provide protection to
Mandated Refugees and arrange their resettlement to a third country. In view of the
above development, Non-refoulement Claimants under the USM have been covered
under the service contract of “Provision of Assistance for Asylum Seekers and Torture
Claimants”, which has been renamed as “Provision of Assistance for Non-refoulement
Claimants” in the contracts commenced from May 2015. Since the last service
contracts commenced from February 2017, it was further renamed as “Administering
and Delivery of Assistance for Non-refoulement Claimants”.
1.3
Since the current service contracts are about to come to an end, there is a need to
commission further service contracts in order to ensure continuation of the services to
vulnerable Non-refoulement Claimants and Mandated Refugees.
1.4
Tenders are invited for the administering and delivery of the different types of
assistance, mainly non-pecuniary, for Non-refoulement Claimants in Hong Kong as
stated in the Service Specifications.
1.5
A Tenderer is advised to read all information contained in the Tender Documents
thoroughly before submitting its proposal.
1.6
The Services to be administered and delivered by the Contractor will include
temporary accommodation, food, clothing, other basic necessities, appropriate
transportation allowance and counselling. Such minimum level of different types of
assistance is considered sufficient to prevent a person from becoming destitute while
not encouraging more such persons to come to Hong Kong, which may have serious
implications on the sustainability of the Government’s support systems.
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Notes for Tenderers
2.
Environmental Protection
2.1
Tenderers are requested to minimise the impact of their activities on the environment.
2.2
The following environment-friendly measures are recommended to be adopted in the
preparation of documents relating to a Tender and the future performance of the
Contract:
(a)
all documents should be printed on both sides and on recycled paper. Paper
that exceeds 80 gm should not be used for the text;
(b)
use of plastic laminates, glossy covers or double covers should be avoided as
far as possible. If art board paper has to be used as document covers,
recyclable non-glossy paper should be used; and
(c)
single line spacing should be used and excessive space in the margins and in
between paragraphs should be avoided.
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Terms of Tender
Part I – Terms of Tender
(Unless the context otherwise requires, references in this Terms of Tender to “Appendix”,
“Clause” and “Note” shall mean the appendix, the clause and the note to this part.)
1.
Invitation to Tender
1.1
The Government invites tenders with reference to the estimated number of service
users of the three Service Regions for the administering and delivering of the Services
for Non-refoulement Claimants as more particularly set out in the Service
Specifications subject to and in accordance with the terms and conditions as set out in
the Contract.
1.2
This tender exercise is not covered by the Agreement on Government Procurement of
the World Trade Organisation (“WTO GPA”).
1.3
Tenderers are hereby advised to read all information contained in the Tender
Documents thoroughly before submitting their tenders.
2.
Briefing Session
2.1
Intending Tenderers are invited to the following briefing session on this invitation to
tender
–
Date : 15 August 2018 (Wednesday)
Time : 3:30 p.m. to 5:00 p.m.
Venue : Wan Chai Activities Centre
LG/F, Wan Chai Market,
258 Queen’s Road East, Wan Chai
Hong Kong
2.2
Tenderers can each register no more than two representatives for the briefing session.
Tenderers who wish to attend the briefing session are requested to complete the reply
slip in Appendix 7 to the Terms of Tender and fax it to the Director of Social Welfare
(Attn: Senior Social Work Officer (Family) 1) on or before 5:00 p.m. on
9 August 2018.
Late submission may jeopardise a Tenderer chance to attend the
briefing session.
2.3
The briefing session will clarify any enquiries Tenderers may have on the Tender
Documents. All questions for clarification at the briefing session should be
submitted in writing in accordance with Clause 3 herein on or before 5:00 p.m. on
9 August 2018.
Late submission may not be considered.
2.4
In case a black rainstorm warning or tropical cyclone warning signal No. 8 or above is
hoisted or in force at or after 8:00 a.m. on 15 August 2018, the briefing session will be
cancelled, and the Government will notify Tenderers who have submitted the reply
slip the arrangement of the replacement of briefing session.
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Terms of Tender
3.
Enquiries
3.1
Any enquiries from Tenderers before the Tender Closing Date concerning the terms
and conditions of the Tender Documents shall be made in writing and be addressed to
–
Chief Social Work Officer (Family and Child Welfare)1
Social Welfare Department
Room 721, 7/F, Wu Chung House
213 Queen’s Road East
Wan Chai
Hong Kong
Telephone
:
(852) 2892 5172
Facsimile
:
(852) 2833 5840
3.2
After lodging their tenders with the Government, Tenderers shall not attempt to initiate
any further contact, whether direct or indirect, with the Government on their tenders or
this document. The Government shall have the sole right to initiate any such further
contact and all such contacts, and any reply of the Tenderer thereto shall normally be
in writing.
3.3
Unless otherwise expressly stated by the Government, no statement, whether oral or
written, made and any action taken by any Government officer in response to any
enquiry made by a prospective Tenderer or Tenderer shall be deemed to negate, waive
or otherwise limit any of the terms or conditions as set out in the Tender Documents.
4. Essential Requirements
4.1
A Tenderer
MUST comply with
all of the following essential requirements –
(a)
A Tenderer must be a non-profit making organisation, charitable institution or
trust that is exempt from tax under section 88 of the Inland Revenue Ordinance
(Cap. 112);
(b)
A Tenderer must be a separate legal entity having the legal capacity to enter
into contracts with the Government; and
(c)
A Tenderer must have an aggregate of at least three years of proven experience
in providing (i) humanitarian assistance for Non-refoulement Claimants and /
or similar classes of persons who have claimed asylum and / or
non-refoulement protection; and / or (ii) emergency relief services for victims
of massive disasters arising from war or earthquakes or other natural disasters
in or outside Hong Kong during the past 20 years immediately preceding the
original Tender Closing Date.
4.2
If a Tenderer fails to comply with any of the essential requirements in Clause 4.1
hereinabove, its tender will not be considered further.
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Terms of Tender
4.3
It is important for Tenderers to note the following relating to the compliance of the
essential requirements –
(a)
A Tenderer is required to provide documentary evidence to the satisfaction of the
Government to prove that it satisfies the experience requirement; failing which the
claimed experience will not be taken into account.
(b)
The following rules will be adopted in calculating and determining the validity of the
“experience” gained by a Tenderer –
(i)
For the purpose of tender evaluation, “humanitarian assistance / emergency
relief services” must comprise at least two of the following types of assistance,
viz. (1) accommodation and / or shelter, (2) food / meal service, and (3) basic
necessities, to meet their basic needs and prevent them from destitution. The
said description shall apply also to Clause 27 herein.
(ii)
Only experience in providing humanitarian assistance / emergency relief
services gained in the name of the Tenderer will be counted. For the
avoidance of doubt, the following experience will not be counted
– (1) a Tenderer’s experience gained in its capacity as a sub-contractor; and
(2) the experience of any sub-contractor of the Tenderer or any associated
company of the Tenderer. The term “associated company” in relation to
the Tenderer, means (1) a subsidiary of the Tenderer; (2) a holding
company of the Tenderer; or (3) a subsidiary of such holding company.
The existence of a holding-subsidiary relationship shall be determined in
accordance with the provisions in Sections 13 to 15 of the Companies
Ordinance (Cap. 622).
(iii) The required experience will be counted in “year”. This is calculated by the
sum of the number of calendar days involved in the aggregate periods of
experience divided by 365 days and rounded to one decimal place. For
examples, if a Tenderer has an aggregate of 1 438 days of experience in
providing humanitarian assistance for Non-refoulement Claimants and / or
similar classes of persons who have claimed asylum and / or non-refoulement
protection; and / or emergency relief services for victims of massive disasters
arising from war or earthquakes or other natural disasters in or outside Hong
Kong during the past 20 years immediately preceding the original Tender
Closing Date, it will be considered as having 3.9 years of the required
experience. If a Tenderer has an aggregate of 1 445 days of experience in
providing humanitarian assistance for Non-refoulement Claimants and / or
similar classes of persons who have claimed asylum and / or non-refoulement
protection; and / or emergency relief services for victims of massive disasters
arising from war or earthquakes or other natural disasters in or outside Hong
Kong during the past 20 years immediately preceding the original Tender
Closing Date, it will be considered as having 4 years of the required
experience.
(iv) A Tenderer’s experience gained under different projects for provision of
humanitarian assistance / emergency relief services will not be double-counted
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Terms of Tender
for overlapping periods. Overlapping periods will be counted in accordance
with the following example
–
Projects for
Service period
Number of
provision of
without
days
humanitarian
Service period
overlapping with
counted for
assistance/emergency
the service period
accumulated
relief services
of another project
experience
Project A
16.4.2003-15.4.2005 16.4.2003-15.4.2005
731 days
Project B
1.10.2004-31.3.2006 16.4.2005-31.3.2006
350 days
Project C
1.1.2005-31.12.2006 1.4.2006-31.12.2006
275 days
Total:
1 356 days
5.
Tender Preparation
5.1
All tenders are to be completed in ink or typescript in English and submitted in the
manner as stipulated in Clause 6 herein.
5.2
A Tenderer may submit for one or more tender(s) for the three Service Regions.
Tenderer shall specify in its Technical Proposal, Price Proposal and Offer to be Bound
which Service Region its tender is submitted for.
A Tenderer wishing to bid for
more than one Contract must do so by submitting separate tender for each
Contract.
5.3
A Tenderer shall prepare all the following documents and information required therein
for tender assessment
–
(a) Technical Proposal
Appendix 1
– Technical Proposal in the form set out in Appendix 1 herein,
without any indication of the Total Contract Value or pricing information;
(b)
Price Proposal
Appendix 2
– Price Proposal in the form set out in Appendix 2 herein;
(c) Financial Information
Appendix 3 – Financial Information in the form set out in Appendix 3 herein;
(d) Offer to be Bound
Part II – Offer to be Bound in the form set out in Part II,
without any indication
of the Total Contract Value or Administrative Cost or pricing information.
5.4
A Tenderer shall submit its Tender comprising the following -
(a)
a duly completed and signed Offer to be Bound in the form set out in
Appendix 9 of Part II (Offer to be Bound); and
(b)
a Technical Proposal in the form set out in Appendix 1 to the Terms of Tender
with “#” duly completed.
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Terms of Tender
Failure to submit any of the information / documents stipulated above on or before the
Tender Closing Date will render a Tender invalid and not be given further
consideration.
5.5
Omission of details required in information in Part B – Service Plan of the Technical
Proposal will affect the marking in Stage 3 – Technical Assessment under Clause 9
herein.
5.6
The Part A and Part B of the Technical Proposal shall not be more than 60 pages in A4
size paper for the main body (with margin not less than 25mm and character font size
not less than 12). Pages not in the prescribed format may, at the Government’s sole
discretion, not be considered. Pages after the first 60 pages will be disregarded and
the content thereof will
not be considered in the tender assessment. Other
information, including the related annexes and documentary proof, will not be subject
to the specified page limit.
5.7
Any appendices, annexes, schedules issued with this invitation to tender must not be
altered by the Tenderer. Figures shall not be altered or erased; any alteration shall be
effected by striking through the incorrect figures and inserting the correct figures in
ink above the original figures. All such amendments must be initialled by the
Tenderer in ink.
5.8
Each tender
of individual Service Region will be considered on an “overall” basis.
The Government may
not consider any partial or incomplete tender unless otherwise
expressed in the Terms of Tender.
5.9
The Government reserves the right to negotiate with any Tenderer about the terms of
the offer. Any counterproposal on any aspect of the Terms of Tender or Conditions
of Contract may, at the option of the Government, render a tender
NOT TO BE
CONSIDERED.
6.
Tender Submission
6.1
Each completed tenders with all documents and information required therein, must be
submitted in
TRIPLICATE in the following manner; and shall be placed and sealed
in
two separate envelopes1 in which –
(a)
the Technical Proposal with all documents and information required therein
together with one softcopy (in Microsoft Word format in a compact disc) of
Part A – Tenderer’s Information and Part B – Service Plan thereof; and the
Item (1) and Item (2) of Appendix 3 to the Terms of Tender; and the duly
completed and signed Offer to be Bound, all of which shall be without any
indication of the Total Contract Value or Administrative Cost or pricing
information, must be placed and sealed in one envelope clearly marked
“Tender Reference: SWDT092017– Tender for Administering and Delivery of
Assistance for Non-refoulement Claimants (Technical Proposal)”; and
1 Tenderers shall use the pre-addressed envelopes issued together with the Tender Documents for tender
submission.
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Terms of Tender
(b)
the Price Proposal and Item (3) of Appendix 3 to the Terms of Tender must be
placed and sealed in another envelope clearly marked “Tender Reference:
SWDT092017 – Tender for Administering and Delivery of Assistance for
Non-refoulement Claimants (Price Proposal)”.
6.2
The envelopes shall not bear any distinguishing matter, mark, or advertisement to
indicate the identity of the Tenderer.
6.3
In the event of any discrepancy between the soft copy and the hard copy of any tender
submission, unless the Government wishes to seek clarification, the hard copy will
prevail.
6.4
All tenders must be addressed to the Chairman, Central Tender Board and deposited in
the Government Logistics Department Tender Box situated on the Ground Floor,
North Point Government Offices, 333 Java Road, North Point, Hong Kong before
12:00 noon on the Tender Closing Date. Late tenders will
NOT be considered.
Tenders submitted by e-mail or by facsimile will
NOT be considered.
6.5
In case a black rainstorm warning signal or tropical cyclone warning signal No. 8 or
above is hoisted at any time between 9:00 a.m. and 12:00 noon on the Tender Closing
Date, the tender closing time will be postponed to 12:00 noon on the first Working
Day after the black rainstorm warning signal has ceased to be in effect or the tropical
cyclone warning signal No. 8 is lowered.
6.6
In the event of a Tenderer discovering an error in its tender after it has been submitted,
an amendment to the tender may be submitted provided that the amendment is
submitted before the Tender Closing Date.
6.7
A Tenderer must
NOT submit a tender jointly with another organisation.
6.8
Submission of separate tender is required in respect of Contract for each of the three
Service Regions.
7. Price Tendered
7.1
Tenderers should ensure the accuracy of the prices tendered before submitting tenders.
Under no circumstances shall the Government be obliged to accept any request for
price adjustment on the ground that a mistake has been made in the prices tendered.
The Tenderer shall be bound by the tendered prices quoted in its Tender if the Tender
is accepted by the Government.
7.2
All prices tendered in the Tender Documents shall be in Hong Kong dollars and, if
accepted by the Government, shall remain valid and binding throughout the Contract
Term. No request for price variation will be considered. Prices quoted in other
currencies will render the tender invalid.
7.3
The estimated number of the Service Users specified in Schedule 2 (Price Schedule) is
provided for the Tenderers’ reference only, and are not figures to which the
Government binds itself to adhere. The actual number of the Service Users may vary
__________________________________________________________________________________________
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Terms of Tender
depending on the actual number of Non-refoulement Claimants eligible for the
Services and the Successful Tenderer must accept any increase or decrease of the
stated estimate number of the Service Users. The Government disclaims liability for
any loss or damage (including loss of profit) suffered or incurred by any Tenderer
howsoever caused arising from the use of or reliance on any such information, data or
statistics.
7.4
A Tenderer must quote, and any quotation submitted in Schedule 2 (Price Schedule)
shall be deemed to be, an all-inclusive price for the Monthly Unit Rate of the
Administrative Cost charged for administering and delivering the Services in a manner
as stipulated in the Service Specifications and the terms and conditions of the
Contract.
7.5
A Tenderer must complete the proposed Monthly Unit Rate for
each range of Service
Users in the Price Proposal, which are fixed and not subject to any variation of
whatsoever nature, otherwise
the Tenderer’s Tender will not be considered further.
7.6
A Tenderer shall use the Monthly Unit Rate for each range of Service Users in
paragraph 2 in the Price Proposal (i.e. Appendix 2 to the Terms of Tender) and work
out the calculation accurately in the tables in paragraphs 3 and 4 therein respectively.
Should there be deviation in the calculation in the tables under paragraphs 2, 3 and 4
therein; the Government shall be at liberty to work out the Total Monthly Charge in
paragraph 3 and estimated Total Contract Value in paragraph 4 for the quoted highest
number of Service Users in accordance with the Monthly Unit Rate as proposed for
each range of Service Users in the table of paragraph 2 therein. The quoted highest
number of Service Users is provided for Tenderer’s reference and for calculation of
the Total Monthly Charge and the estimated Total Contract Value only for the purpose
of price assessment. The Government does not warrant, undertake or bind itself to
provide such number of Service Users under the Contract.
7.7
Without prejudice to the generality of the Conditions of Contract, the Government
may require a Tenderer, who in the opinion of the Government, has submitted an
unreasonably low price, to justify and demonstrate with detailed calculation to the
reasonable satisfaction of the Government that such a Tenderer is capable of carrying
out and completing the Contract. Failing to justify and demonstrate to the
Government’s satisfaction would entitle the Government to reject the tender without
having the need to give any other reason(s) for the rejection.
8.
Tenders to Remain Open
8.1
All tenders must remain valid and open for acceptance on these terms for a period of
180 days from the Tender Closing Date.
8.2
Without prejudice to other rights and claims of the Government, if a tender is
withdrawn before the expiry of the Tender Validity Period, the Government will take
notice of such withdrawal or failure, and this may prejudice the Tenderer’s future
standing as a Government service provider.
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Terms of Tender
9. Tender Evaluation
9.1
The evaluation of tenders for the Contract is divided into five stages, i.e.
Completeness Check, Screening of Compliance with Essential Requirements,
Technical Assessment, Price Assessment and Calculation of Total Weighted
Mark. Each stage will be conducted separately and one after the other. The
Technical Assessment and Price Assessment will carry a weighting of 40% and 60%
respectively. The tender evaluation in relation to each of the three Contracts will be
conducted in accordance with the procedures and criteria as detailed below –
Stage 1 – Completeness Check
9.2
Upon receipt of tenders, SWD will check if the Tenderers have submitted the
information required pursuant to Clause 5.4 herein.
9.3
If a Tenderer fails to submit any of the information / documents stipulated in
Clause 5.4 herein on or before the Tender Closing Date, its tender will not be
considered further.
Stage 2 – Screening of Compliance with Essential Requirements 9.4
A Tender which has passed Stage 1 will be checked for its compliance with the
essential requirements as set out in Clause 4.1.
Any Tender that fails to meet any
one of the essential requirements will not be considered further.
Stage 3 – Technical Assessment
9.5
A Tender which has passed Stage 2 will be further evaluated in Stage 3.
9.6
The evaluation of each of the technical proposals will be made in accordance with the
assessment criteria / sub-criteria as set out in Appendix 4 herein and marks will be
attained accordingly.
9.7
Tenders with a total technical mark of less than 40, being the passing mark for
the Technical Assessment, will not be considered further.
9.8
The
weighted technical mark will only be calculated for Tenders who has attained the
passing mark for the Technical Assessment, in accordance with the following formula
–
Total technical mark attained by the Tender being assessed who has
attained the passing mark for the Technical Assessment
×
40
Highest total technical mark among all Tenderers being assessed
who has attained the passing mark for the Technical Assessment
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Terms of Tender
Stage 4 – Price Assessment 9.9
A Tender without completing “Proposed Monthly Unit Rate” in paragraph 2 of
Appendix 2 to the Terms of Tender will not be considered further.
9.10 The
weighted price mark will only be calculated in accordance with the following
formula –
Lowest estimated Total Contract Value amongst all Tenderers being
assessed
×
60
Estimated Total Contract Value proposed by the Tenderer being
assessed
Stage 5 - Calculation of Total Weighted Mark
9.11 The total
weighted mark in respect of a tender is calculated by totaling the
weighted
technical mark and
weighted price mark.
9.12
All calculations of the
weighted technical mark,
weighted price mark and total
weighted mark in Stages 3 to 5 will be rounded to the nearest two decimal places.
Figures larger than or equal to 0.005 will be rounded up to 0.01 whereas figures below
0.005 will be rounded down to 0.
Rules of Tender Acceptance
9.13
A Tenderer may bid for more than one Contract among the three Contracts in this
tender exercise. Tenders for each Contract will be assessed separately. Normally,
the Tender with the highest total weighted mark for each Contract will be
recommended for acceptance, subject to the restriction in Clause 9.14 below and that
the Government is satisfied that the Total Contract Value offered in the recommended
tender is reasonable.
9.14
A Tenderer will only be awarded a maximum of two Contracts, subject to the
exception in Clause 9.15.3.
9.15
The selection process will take two Phases as detailed below –
Phase 1 – Contracts with only one Conforming Tender received
9.15.1
Contracts with only one Conforming Tender received would be
considered first. In case where a Tenderer has bid for a Contract
for which there is no other Conforming Tender received and its bid
is a Conforming Tender with the estimated Total Contract Value
offered for the Contract being considered reasonable by the
Government, the Tenderer's bid will be accepted. If the same
Tenderer has also bid for other Contract(s) with more than one
Conforming Tender received, its bid(s) for the other Contract(s)
will be considered under Phase 2, subject to the restriction in
Clause 9.14.
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Terms of Tender
9.15.2
In case where a Tenderer has bid for two Contracts for which there
is no other Conforming Tender received and its bids for these two
Contracts are Conforming Tenders with the estimated Total
Contract Values offered for the Contracts being considered
reasonable by the Government, these two bids of the Tenderer will
be accepted. If the same Tenderer has also bid for another
Contract with more than one Conforming Tender received, its bid
for another Contract will not be further considered under Phase 2
due to the restriction in Clause 9.14 (see Example 1 in Appendix
5).
9.15.3
In case where a Tenderer has bid for three Contracts for which
there is no other Conforming Tender received and its bids for these
three Contracts are Conforming Tenders with the estimated Total
Contract Values offered for the Contracts being considered
reasonable by the Government, all its tenders will be accepted.
Phase 2 – Contracts with more than one Conforming Tender received
9.15.4
Subject to the restriction in Clause 9.14, the rule of tender
acceptance as laid down in Clause 9.13 shall normally apply under
Phase 2.
9.15.5
If a Tenderer, who has been awarded one Contract under Phase 1,
has also bid for another Contract with more than one Conforming
Tender received, its tender for another Contract will normally be
accepted under Phase 2 if it attains the highest total weighted mark
and offers the estimated Total Contract Value which is considered
reasonable by the Government.
9.15.6
If a Tenderer (says T1), who has been awarded one Contract under
Phase 1, has bid for the other two Contracts with more than one
Conforming Tender received and its bids attain the highest total
weighted mark in the two Contracts with the estimated Total
Contract Values offered for the Contracts being considered
reasonable by the Government, T1 will only be awarded one more
contract under Phase 2 due to the restriction in Clause 9.14. The
Tenders which attain the second highest total weighted mark and
offer the estimated Total Contract Value considered reasonable by
the Government in the remaining two Contracts will be combined
with T1’s Tenders to work out the combination of Contracts which
is least costly to the Government for acceptance (see Example 2 in
Appendix 5).
9.15.7
If a Tenderer (says T1) has bid for all three Contracts with more
than one Conforming Tender received and its bids attain the
highest total weighted mark in all three Contracts with the
estimated Total Contract Values offered for the Contracts being
considered reasonable by the Government, it will only be awarded
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Terms of Tender
two Contracts under Phase 2 due to the restriction in Clause 9.14.
To determine which two Contracts would be awarded to T1, the
Tenders which attain the second highest total weighted mark and
offer the estimated Total Contract Value considered reasonable by
the Government in all three Contracts will be combined with T1’s
Tenders to work out the combination of Contracts which is least
costly to the Government for acceptance (see Example 3 in
Appendix 5).
9.16
If none of the bid(s) received for a Contract is / are Conforming Tender(s) or none of
the estimated Total Contract Value(s) offered in the tender(s) received is / are
considered reasonable by the Government, the tender for that particular Contract will
be cancelled and re-tendering will be arranged.
10.
Financial Vetting
10.1
Financial information submitted under Clause 5.3(c) will be assessed by the
Government to gauge the Tenderer’s financial capability to undertake and fulfil the
contractual obligations.
10.2
A Tenderer shall submit the following financial information to demonstrate the
financial capability to undertake and fulfil the contractual obligation
–
(a)
A Tenderer must submit audited financial statements which comply with the
following requirements –
(i)
originals (or copies certified as true by the Tenderer’s auditors) of the
audited financial statements for the three financial years of the
Tenderer prior to the Tender Closing Date;
(ii)
the latest set of audited financial statements must cover a period
ending no more than eighteen months before the Tender Closing Date;
(iii)
the audited financial statements must contain the Directors’ Report,
Auditors’ Report, Statement of Financial Position (also referred to as
Balance Sheet), Statement of Profit or Loss and Other Comprehensive
Income (also referred to as Income Statement), Statement of Changes
in Equity, Statement of Cash Flows and notes to the financial
statements;
(iv)
if the Tenderer is a subsidiary of another company, the consolidated
group financial statements covering the Tenderer and company-only
financial statements reflecting the financial position and results of the
Tenderer itself must be submitted;
(v)
all financial statements submitted must have been audited by a
certified public accountant (practicing) registered under the
Professional Accountants Ordinance (Cap. 50);
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Terms of Tender
(vi)
if the Tenderer is a newly established company and its first audited
financial statements are not yet available, that Tenderer must submit
its unaudited financial statements for the period since its establishment
until three months before the Tender Closing Date. The unaudited
financial statements must be certified by the sole proprietor or
directors of the Tenderer or a certified public accountant (practicing)
registered under the Professional Accountants Ordinance (Cap. 50);
(vii)
if the Tenderer is a joint venture or partnership, audited financial
statements for each member of the joint venture or partnership shall be
prepared and submitted if the member(s) are incorporated bodies;
(viii)
if the Tenderer is an unincorporated business, unaudited financial
statements certified by the sole proprietor or partners of the Tenderer
or by certified public accountants are acceptable and where applicable,
be supported by originals or certified true copies of past tax records
such as profits tax assessments issued by the Inland Revenue
Department for the three financial years prior to the Tender Closing
Date; and
(ix)
the financial statements shall be prepared in accordance with
accounting principles generally accepted in Hong Kong and the
disclosure requirements of the Companies Ordinance (Cap. 622);
(b)
management accounts up to a period not earlier than three months before the
Tender Closing Date (if that has not already been covered by the latest audited
financial statements). The accounts shall be prepared on the same basis for
each year in accordance with accounting principles generally accepted in Hong
Kong and the disclosure requirements of the Companies Ordinance (Cap. 622);
(c)
projected Statement of Profit or Loss and Other Comprehensive Income and
Statement of Cash Flows for each Financial Year for the whole Contract Term,
one for the Services and one for the organisation of the Tenderer as a whole
(including the projections for the Services) should be certified by the
Tenderer’s chief executive or directors. The projected Statement of Profit or
Loss and Other Comprehensive Income should show, item by item, the
projected revenue, the projected operating expenses, capital expenditure,
sources of finance (such as up-front investment and / or debt financing), and
other particulars showing how the Tenderer will perform the Contract. The
bases and major assumptions for the projections shall be provided; and
(d)
written confirmation regarding the sources of finance from the relevant
financial institution.
10.3
The financial vetting will be conducted with reference to “Guidelines for Financial
Vetting of Recommended Tenderers for Service Contracts” (Appendix III (H) of
Stores and Procurement Regulations 370(b)(i)). Details of the Guidelines are available
at the website –
http://www.fstb.gov.hk/tb/en/docs/espr_chapter3.pdf.
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Terms of Tender
11.
Tenderers’ Responses to Government’s Enquiries
In the event that the Government determines that clarification of any tender is
necessary, it will advise the Tenderer in writing, indicating whether the Tenderer
should provide any clarification or further information relating to its tender. The
Tenderer shall thereafter, within five (5) Working Days after the date of the
Government’s request or such other period as specified in such request, submit the
requested clarification or further information. The Government may not consider the
tender if the clarification or complete information or document is not provided as
required by the deadline as specified in the request, or in the case of clarification, such
clarification is not provided by such deadline or is not acceptable to the Government.
Without prejudice to the foregoing, any excess proposal or information supplied by a
Tenderer which goes beyond what has been requested by the Government will be
ignored for the purposes of the evaluation or will entitle (but not oblige) the
Government to disqualify the Tenderer concerned. As an alternative to seeking
clarification or further information or document, the Government may, at its discretion
but not an obligation, proceed to evaluate the Tender on an “as is” basis or disqualify
the Tenderer.
12.
Tenderer’s Commitment
12.1
All tenders, proposals, information and responses from the Tenderer must be
submitted in writing. All proposals, information and responses submitted by the
Successful Tenderer shall be the representation of the Tenderer and may by law or at
the Government’s sole option be incorporated into and made a part of the Contract
between the Government and the Successful Tenderer in such manner as the
Government considers appropriate. By submitting a tender, a Tenderer is deemed to
have authorised the Government to make such changes to the terms and conditions of
the Contract as may be necessary as a result of such incorporation without obtaining
any prior agreement of the Successful Tenderer. The Government reserves the right
to disqualify any Tenderer who submits a tender that directly or indirectly attempts to
preclude or limit the effect of this requirement.
12.2
A Tenderer should not submit in its tender any information or materials which it does
not wish to be incorporated into the Contract.
13.
Award of Contract
13.1
Award of contracts will be subject to approval of the funds required. The Successful
Tenderer will, receive a Letter of Conditional Acceptance, from the Government
notifying it the Government’s conditional acceptance of its tender, subject to its
punctual performance and / or fulfillment of the following –
(a) delivery to the Government of the Contract Deposit pursuant to Clause 15 herein;
and
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Terms of Tender
(b) any other condition as the Government may specify therein.
Unless otherwise agreed by the Government, the Letter of Conditional Acceptance
will lapse and be of no effect where the Tenderer fails to fulfil any of the conditions
specified above and the Government shall be at liberty to award the Contract to any
other Tenderer, to conduct a fresh tender exercise or to take such appropriate action as
the Government deems fit.
13.2
Upon and subject to the Successful Tenderer having duly complied with Clause 13.1
herein, the Government will issue a Memorandum of Acceptance to the Successful
Tenderer, whereupon a legally binding Contract will come into existence between the
Government and the Successful Tenderer.
13.3
Tenderers who do not receive any notification of acceptance within the Tender Validity
Period may assume that their tenders are not accepted. Details of the tender result
will be published in the Government of the Hong Kong Special Administrative Region
Gazette
[which
is
available]
at
the
website
of
SWD
-
http://www.swd.gov.hk/en/index/site_tenderdtl.
14.
Saving
14.1
The Government is not obliged to accept the tender with the highest total weighted
mark or the lowest price offer or any tender or to give any reason for doing so.
14.2
The Government reserves the right to accept or reject all or any part of any tender at
any time within the Tender Validity Period.
15.
Contract Deposit
15.1
The Successful Tenderer shall within fifteen (15) Working Days from the date of the
Letter of Conditional Acceptance or within such other time as directed by the
Government, as security for the due and faithful performance and observance by it of
its obligations under the Contract, deliver to the Government a Bank Guarantee in the
form set out in Appendix 6 hereto executed under seal by a bank holding a valid
banking licence under the Banking Ordinance (Cap. 155) for such amount as
determined in accordance with Clauses 15.2 and 15.3 or as otherwise stipulated in the
Letter of Conditional Acceptance.
15.2
If the Successful Tenderer has passed the financial vetting as stipulated in Clause 10
herein, it shall submit to the Government a Bank Guarantee in an amount equivalent to
two per cent (2%) of the estimated Total Contract Value.
15.3
If the Successful Tenderer is unable to submit adequate information for conducting a
meaningful financial vetting or it fails in the financial vetting as stipulated in Clause
10 herein, it shall submit to the Government a Bank Guarantee in an amount
equivalent to five per cent (5%) of the estimated Total Contract Value.
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Terms of Tender
15.4
If a Successful Tenderer fails to deliver to the Government the Contract Deposit in
accordance with this Clause 15 or fulfil such other conditions as may be stipulated in
the Letter of Conditional Acceptance by the specified date, the Letter of Conditional
Acceptance shall lapse and be of no effect and the Government shall be at liberty to
award the Contract to any other Tenderer, to conduct a fresh tender exercise or to take
such appropriate action as the Government deems fit.
16.
Cancellation of Tender
The Government may at any time cancel this tender and the Government is not bound
to give any reasons for the cancellation. For the avoidance of doubt, the
Government is not bound to accept any Conforming Tender.
17.
Cost of Tender
A Tenderer shall submit its tender at its own expense. The Government will not be
liable for any costs whatsoever incurred by any Tenderer in response to this invitation
exercise, including any costs relating to –
(a)
preparation or submission of tenders;
(b) any communication or negotiation with the Government (which shall be carried
out in accordance with the terms and conditions of the Tender Documents); and
(c)
any presentations and demonstrations as may be requested by the Government
after the Tender Closing Date.
18.
Addendum
The Government may issue addendum to the terms and conditions set out in the
Tender Documents before or after the Tender Closing Date. If such addendum is
issued after the Tender Closing Date, Tenderers may be asked to confirm compliance
with the addendum, failing which their tenders may be disqualified.
19.
Performance Monitoring
Tenderers are advised that should they be awarded the Contract their subsequent
performance will be monitored and may be taken into account when their future
tenders / quotations are evaluated.
20.
Documents of Tenderers
The Government is not obliged to return any tender submissions to the Tenderers and
documents submitted by unsuccessful Tenderers may be destroyed not less than three
months after the Contract Commencement Date.
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Terms of Tender
21.
Consent to Disclose
21.1
The Government shall have the right (but no obligation to whomsoever) to disclose to
the public or upon request by a member of the public (who might also have been a
Tenderer) to disclose to such member, without further reference to the Successful
Tenderer or any other Tenderers, information including these Tender Documents, the
Tender Closing Date, particulars of the Contract, number of tenders received for the
Contract, and the name and address of the Successful Tenderer, the description of the
Services and the value of the Contract.
21.2
Nothing in Clause 21.1 shall prejudice the Government’s power to disclose any
information of whatsoever nature whether or not specified in Clause 21.1 if the
disclosure is under any one of the following circumstances –
(a)
the disclosure of any information to any public officer or public body (as defined
in the Interpretation and General Clauses Ordinance (Cap. 1) ) or any other
person employed, used or engaged by the Government (including advisers and
consultants);
(b)
the disclosure of any information already known to the recipient;
(c)
the disclosure of any information which is public knowledge;
(d)
the disclosure of any information in circumstances where such disclosure is
required pursuant to any law of Hong Kong or an order of a court of Hong Kong
or a tribunal with competent jurisdiction; or
(e)
without prejudice to the power of the Government under Clause 21.1 and the
afore-mentioned disclosures mentioned in (a) to (d), to the extent the
information relates to a Tenderer, the disclosure has been made with the prior
consent of the Tenderer.
22.
Complaints about Tendering Process or Contract Awards
The tendering process is subject to internal monitoring to ensure that contractors are
awarded properly and fairly. Without prejudice to Clause 9 hereof, any Tenderer
who feels that its offer has not been fairly evaluated may write to the Director of
Social Welfare who will personally examine the complaint and refer it to the
approving authority / relevant tender boards for consideration if it relates to the
tendering system or procedures followed. Tenderers are to note that the Director of
Social Welfare shall not consider a complaint that is lodged later than 3 months after
the award of Contract.
23.
Personal Data Provided
23.1
A Tenderer must be responsible for procuring all requisite consents from all relevant
individuals for the disclosure of their personal data in the tender submitted by that
Tenderer, and acknowledgements from these individuals that their personal data may
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Terms of Tender
be disclosed by the Government for the purposes of evaluation of tenders, resolution
of any dispute arising from this invitation to tender, administration and enforcement of
the Contract. The persons to whom the personal data may be disclosed include
officers within the Government, any professional advisers, consultants or contractors
of the Government and tribunals or courts having jurisdiction to resolve any dispute.
23.2
Tenderers or the relevant individuals to whom such personal data belong shall have the
right of access and correction with respect to personal data provided in sections 18 and
22, and Principle 6 of Schedule 1 of the Personal Data (Privacy) Ordinance (Cap.
486). The right of access includes the right to obtain a copy of the personal data
provided in the tender. Enquiries concerning the personal data collected by means of
the tender, including the making of access and correction, shall be addressed to –
Access to Information Officer
Social Welfare Department
9/F, Wu Chung House
213 Queen's Road East
Wan Chai
Hong Kong
Telephone : (852) 2892 5619
Facsimile : (852) 2151 0572
E-mail :
[email protected]
24.
Prevention of Bribery
Tenderer's attention is drawn to the Prevention of Bribery Ordinance (Cap. 201) in
particular section 4 where it is provided, inter alia but without limitation, that any
person, whether in Hong Kong or elsewhere, without lawful authority or reasonable
excuse, offers any advantage to a public servant as an inducement to or reward for or
otherwise on account of that public servant's assisting or favouring any person in the
transaction of any business with a public body shall be guilty of an offence. Any
contravention by a Tenderer of the Prevention of Bribery Ordinance (Cap. 201) will,
without prejudice to other rights and claims of the Government against the Tenderer
arising from such contravention, entitle the Government to disqualify its tender.
25.
Disclaimer
All information, statistics, forecasts and projections provided by the Government in
connection with this invitation to tender (including those set out in the Tender
Documents) (collectively “Information”) are for reference only. The Government
gives no warranty, representation or undertaking as to their accuracy, reliability or
completeness. The Government accepts no liability whatsoever for (a) the accuracy,
completeness or reliability or otherwise of any such Information; (b) any claim, legal
proceeding, liability, loss (including any direct or indirect loss, and any loss of
revenue, profit, business, contract or anticipated savings) or damage (including any
direct, special, indirect or consequential damage of any nature whatsoever); and (c)
any increased costs and expenses, which any Tenderer or any other person may sustain
or incur, arising from its reliance on any Information.
__________________________________________________________________________________________
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Terms of Tender
26.
Warranty against Collusion
26.1
The Tenderer must ensure that the Tender is prepared without any agreement,
arrangement, communication, understanding, promise or undertaking with any other
person (except as provided in paragraph 3 of the Non-collusive Tendering Certificate
referred to in Paragraph 26.2 below), regarding, amongst other things, price, tender
submission procedure or any terms of the Tender. Bid-rigging is inherently
anti-competitive and is considered serious anti-competitive conduct under the
Competition Ordinance (Chapter 619 of the Laws of Hong Kong). Tenderers who
engage in bid-rigging conduct may be liable for the imposition of pecuniary penalties
and other sanctions under the Competition Ordinance.
26.2
The Tenderer shall complete and submit to the Government a Non-collusive
Tendering Certificate (in the form set out in Appendix 8) as part of its Tender.
26.3
In the event that a Tenderer is in breach of any of the representations, warranties
and/or undertakings in Paragraph 26.1 above or in the Non-collusive Tendering
Certificate submitted by it under Paragraph 26.2 above, the Government shall be
entitled to, without compensation to any person or liability on the part of the
Government -
(a)
reject the Tenderer’s Tender;
(b)
if the Government has accepted the Tender, withdraw its acceptance of the
Tenderer’s Tender; and
(c)
if the Government has entered into the Contract with the Tenderer, terminate the
Contract under Clause 23.2 of the Conditions of Contract.
26.4
By submitting a Tender, a Tenderer is regarded to have undertaken to indemnify and
keep indemnified the Government against all losses, damages, costs or expenses
arising out of or in relation to any breach of any of the representations, warranties
and/or undertakings in Paragraph 26.1 above or in the Non-collusive Tendering
Certificate submitted by it under Paragraph 26.2 above.
26.5
A breach by a Tenderer of any of the representations, warranties and/or undertakings
in Paragraph 26.1 above or in the Non-collusive Tendering Certificate submitted by it
under Paragraph 26.2 above may prejudice its future standing as a Government
contractor or service provider.
26.6
The rights of the Government under Paragraphs 26.3 to 26.5 above are in addition to
and without prejudice to any other rights or remedies available to it against the
Tenderer.
27.
Relevant Experience and Supervisory Experience
27.1
A Tenderer is required to provide documentary evidence to the satisfaction of the
Government to prove that the requirements relating to the Relevant Experience and the
Supervisory Experience are met; failing which the claimed experience will not be
taken into account.
__________________________________________________________________________________________
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Terms of Tender
27.2
The following rules will be adopted in calculating and determining the validity of
“experience” gained by a Service Director or a Professional Worker
–
(a)
For the purpose of tender evaluation, the description of “humanitarian assistance
/ emergency relief services” as set out in Clause 4.3(b)(i) shall apply to this
Clause.
(b)
The required experience will be counted in “year”. This is calculated by the
sum of the number of calendar days involved in the aggregate periods of
experience divided by 365 days and rounded to one decimal place. For
example, if the Relevant Experience or the Supervisory Experience (as the case
may be) has an aggregate of 1 438 days of experience during the past 20 years
immediately preceding the original Tender Closing Date, it will be considered as
having 3.9 years of the required experience. If the Relevant Experience or the
Supervisory Experience has an aggregate of 1 445 days of experience during the
past 20 years immediately preceding the original Tender Closing Date, it will be
considered as having 4 years of the required experience.
(c)
The experience gained by a Service Director or a Professional Worker under
different projects for provision of humanitarian assistance / emergency relief
services will not be double-counted for those overlapping periods. Those
overlapping periods will be counted in accordance with the following example –
Projects for
Service period
Number of
provision of
without
days
humanitarian
Service period
overlapping with
counted for
assistance/emergency
the service period
accumulated
relief services
of another project
experience
Project A
16.4.2003-15.4.2005 16.4.2003-15.4.2005
731 days
Project B
1.10.2004-31.3.2006 16.4.2005-31.3.2006
350 days
Project C
1.1.2005-31.12.2006 1.4.2006-31.12.2006
275 days
Total:
1 356 days
__________________________________________________________________________________________
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Technical Proposal
Appendix 1
Technical Proposal
IMPORTANT points to note
Tenderers are advised to read the following notes carefully before they proceed to complete
the Technical Proposal –
(a)
A Tenderer shall prepare the Technical Proposal using the form as set out in
Appendix 1 and provide information and proposal for each item accordingly.
(b)
Information or materials copied direct from the Tender Documents without further
elaboration will obtain no mark.
(c)
The Part A and Part B of the Technical Proposal shall not be more than 60 pages in
A4 size paper for the main body (with margin not less than 25mm and character font
size not less than 12). Pages not in the prescribed format may, at the Government’s
sole discretion, not be considered. Pages after the first 60 pages will be disregarded
and the content thereof will
not be considered in the tender assessment. Other
information, including the related annexes and documentary proof, will not be
subject to the specified page limit.
(d)
Complete and submit the Technical Proposal for each Service Region separately.
(e) Duly complete the information and submit the document on all the sections / areas
marked with “#” on or before the Tender Closing Date; otherwise, the tender will not
be considered further as stipulated in Clause 5.4 of the Terms of Tender.
(f) The Technical Proposal is to be submitted in one sealed envelope to include Part A
and Part B of Appendix 1, and the Items (1) and (2) of Appendix 3 to the Terms of
Tender.
__________________________________________________________________________________________
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Technical Proposal
Technical Proposal
This Technical Proposal and where applicable, all information, proposals, plans, and all other
contents set out herein and all attachments hereto are given or offered by *me / us for the
Contract in relation to the Administering and Delivery of Assistance for Non-refoulement
Claimants in respect of Service Region *[Kowloon City and Yau Tsim Mong (Contract A) /
Hong Kong, Kowloon and Islands (excluding Kowloon City and Yau Tsim Mong) (Contract B)
/ New Territories (Contract C)].
Part A – Tenderer’s information
1
Name of the Tenderer:
2
Business Entity and Registration Status of the Tenderer (a copy of the
supporting document(s) where applicable shall be submitted):
(Put a
in the appropriate box below and assign a number for each Annex
sequentially)
(a)
Incorporated under Companies Ordinance (Cap. 622)
Certificate of Incorporation under Companies Ordinance
(Cap. 622) is attached in Annex __
Registration under section 88 of the Inland Revenue Ordinance
(Cap. 112) is attached in Annex __
(b)
Incorporated by Statute
Relevant Ordinance is attached in Annex __
Registration under section 88 of the Inland Revenue Ordinance
(Cap. 112) is attached in Annex __
(c)
Incorporated under the Registered Trustees Incorporation
Ordinance (Cap. 306)
Relevant registration certificate is attached in Annex __
Registration under section 88 of the Inland Revenue Ordinance
(Cap. 112) is attached in Annex __
__________________________________________________________________________________________
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Technical Proposal
3
Head office and place of business of the Tenderer with address:
4
Authorised contact person of the Tenderer:
(a) Name:
(b) Post:
(c) Address:
(d) Office Telephone Number:
(e) Fax Number:
(f) E-mail Address (if applicable):
__________________________________________________________________________________________
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Technical Proposal
52
*I / We, being the Tenderer, hereby has / have an aggregate of at least three
years of proven experience in providing (i) humanitarian assistance for
Non-refoulement Claimants and / or similar class of persons who have
claimed asylum and / or non-refoulement protection; and / or (ii)
emergency relief services for victims of massive disasters arising from war
or earthquakes or other natural disasters in or outside Hong Kong during
the past 20 years immediately preceding the original Tender Closing Date.
# Please complete the following table:
Service Period
Number of
Projects for provision
Name of
without overlapping
days counted
of humanitarian
City/Country
Service Period
the service period of
for
assistance/emergency of the Service
another project
accumulated
relief services
Project
From
To
From
To
experience
Total:
(a)
(days)
Total number of years of experience :
(years)
(i.e. (a) ÷ 365 days)
For supporting documents required, please see Explanatory Note on
Information and / or Documents to be Submitted for Technical Assessment in
Appendix 4 to the Terms of Tender.
In providing the supporting documents for Section No. 5 above, please
complete the following table and submit the respective supporting documents
together with the Technical Proposal.
Serial
Enclosure
Name of Supporting Documents
No.
No.
* delete where inapplicable
- End of Part A -
2 In providing information and supporting document on Tenderer’s experience in this Section No. 5, please refer
to Clause 4.3 of the Terms of Tender
__________________________________________________________________________________________
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Technical Proposal
Part B – Service Plan
Service Plan
Section
(Information / Proposal)
A
Tenderer’s Experience
A1
Number of aggregate years of proven experience of the Tenderer in providing (i)
humanitarian assistance for Non-refoulement Claimants and / or similar classes of
persons who have claimed asylum and / or non-refoulement protection; and / or (ii)
emergency relief services for victims of massive disasters arising from war or
earthquakes or other natural disasters in or outside Hong Kong during the past 20 years
immediately preceding the original Tender Closing Date.
Please complete the following table3:
# Table A1:
Service Period
Projects for provision
Name of
without
Number of days counted
of humanitarian
City/Country
Service Period
overlapping the
for accumulated
assistance/emergency
of the Service
service period of
experience
relief services
Project
another project
From
To
From
To
Total :
(days)
(a)
Total number of years of experience :
(years)
(i.e. (a) ÷ 365 days)
For supporting documents required, please see Explanatory Note on Information and / or
Documents to be Submitted for Technical Assessment in Appendix 4 to the Terms of
Tender.
In providing the supporting documents for A1 above, please complete the following
table and submit the respective supporting documents together with the Technical
Proposal.
Serial
Name of Supporting Documents
Enclosure No.
No.
3 Please refer to the table in Clause 4.3 of the Terms of Tender for the example in counting the number of
days for the aggregate years of experience of a Tenderer under different projects for provision of
humanitarian assistance / emergency relief services with overlapping periods
__________________________________________________________________________________________
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Technical Proposal
A2
Number of aggregate years of Supervisory Experience of the proposed Service
Director whose full name as _________________ during the past 20 years
immediately preceding the original Tender Closing Date.
Please complete the following table4
:
# Table A2:
Projects for
Service Period
Number of days
Name of
provision of
Supervisory service
without overlapping
counted for
City/Country of
humanitarian
period
the service period of
accumulated
the Service
assistance/emergency
another project
Supervisory
Project
relief services
Experience
From
To
From
To
Total :
(days)
(a)
Total number of years of experience :
(years)
(i.e. (a) ÷365 days)
For supporting documents required, please see Explanatory Note on Information and /
or Documents to be Submitted for Technical Assessment in Appendix 4 to the Terms
of Tender.
In providing the supporting documents for A2 above, please complete the following
table and submit the respective supporting documents together with the Technical
Proposal.
Serial
Name of Supporting Documents
Enclosure No.
No.
4 Please refer to Clause 27 of the Terms of Tender for the calculation of Supervisory Experience
__________________________________________________________________________________________
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Technical Proposal
B
Quality of Services Proposed
B1
Quality of case assessment and implementation plan:
(1) Procedures to process the request for the Services, including referral procedures to
facilitate referrals from the SWD with due regard to the requirements set out in Clause
5.1 of the Service Specifications
(2) Procedures to complete an assessment of a Service User’s eligibility for different types
and levels of assistance including that of very urgent, vulnerable and needy cases, to
verify a Service User’s available resources and support, and to deliver the Services to a
qualified Service User with due regard to the requirements set out in Clause 5.1 of the
Service Specifications
(3) Procedures to assess the genuine needs of Service Users who request for Extra
Assistance as stipulated in Clause 5.5 of the Service Specifications and to approve the
Extra Assistance with due regard to the requirements set in Clause 5.6 and 5.7 of the
Service Specifications
(4) Procedures to re-activate provision of the Services for Service Users whose assistance
has been temporarily suspended for reasons such as detention, hospitalization, etc.
(5) Case review mechanism and frequency to re-assess the eligibility and vulnerability of
individual Service Users
(6) Procedures to handle cases who are assessed to be ineligible for the Services or
requiring the types of assistance beyond the ambit of the Services under the Contract
(7) Contingency plan to receive an intake of a large number of cases, i.e. to intake in a
month of more than 5% of the total number of Service Users as specified in Clause 4.1
of the Service Specifications for the Contract for the respective Service Region,
including measures to speed up the assessment, handling and delivery of the Services
to eligible Service Users
__________________________________________________________________________________________
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Technical Proposal
B2
Quality of accommodation service delivery plan:
(1) Accommodation arrangement for adult singletons and families with or without
children
(2) Accommodation arrangement for vulnerable groups including unaccompanied
minors, children in need of residential placement, victims of gender-based violence,
and persons with mental and / or physical illness
(3) Methods to monitor the condition of the Service Users in the accommodation
(including the safety and hygiene condition of the accommodation)
(4) Arrangement for payment of rent and utilities fees for electricity supply, water supply
and gas provision
(5) Arrangement for and methods to monitor disbursement and recovery of rental deposit
and disbursement of property agent fee
(6) Measures to handle suspected cases of fraudulent uses of the accommodation, rental
payment, rental deposit and property agent fee
(7) Procedures to handle emergency relocation cases
B3
Quality of food service delivery and monitoring plan:
Delivery of food assistance in the form of Electronic Tokens –
(1) Measures to monitor the distribution of Electronic Tokens to Service Users including
proper records of Electronic Token distributed, measures to ensure proper storage of
Electronic Token in not-yet-activated status
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Technical Proposal
(2) Measures to assign the accurate face value and validity period onto the Electronic
Tokens with proper cross-checking mechanism involving appropriate level of staff to
prevent abuse and keep track of the staff’s integrity
Delivery of in-kind food assistance during contingency –
(3) Contingency plan including procedures / measures to assess, provide and monitor the
distribution of in-kind food for urgent cases and other Service Users with justifiable
needs
(4) Submission of an in-kind food list to be provided to Service Users with due regard to
the nutritious, cultural, religious and other specific needs of Service Users such as
food for ill-health persons
Delivery of both Electronic Tokens and in-kind food –
(5) Measures to prevent misuse of and to handle reports of misuse of Electronic Tokens /
in-kind food; and to handle Service User who is found to have misused the Electronic
Tokens / in-kind food
B4
Quality of arrangement plan for transportation allowance:
(1) Mechanism to verify the needs of Service Users in transportation allowance for regular
trips
(2) Mechanism to verify the Service Users’ request of additional transportation allowance
B5
Quality of arrangement plan for clothing and other basic necessities:
(1) Arrangement for clothing to cater for the needs of different types of Service Users,
including babies, children, male and female, etc.
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Technical Proposal
(2) Arrangement for other basic necessities to be offered to different types of Service
Users, including those of babies, children, women, etc.
B6
Quality of arrangement plan to solicit community resources and support from relevant
organisations, such as churches, charitable organisations and other non-governmental
organisations, to facilitate the delivery of the following items:
(1) Accommodation service
(2) Food service
(3) Clothing and other basic necessities
(4) Transportation allowance
(5) Support services (other than those covered in (1) to (4) )
#C
Human Resource Management
C1
Commitment on Professional Worker-to-Service User ratio of not more than 130
C2
Commitment on Supporting Worker-to-Service User ratio of not more than 150
__________________________________________________________________________________________
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Technical Proposal
C3
Commitment on percentage of Professional Workers meeting the minimum academic
qualification of having a bachelor degree in social work or counselling from a university
in Hong Kong or equivalent, who have at least one aggregate year of Relevant Experience
in working with Non-refoulement Claimants and / or similar classes of persons who have
claimed asylum and / or non-refoulement protection; and / or victims of massive disasters
arising from war or earthquakes or other natural disasters in or outside Hong Kong
- End of Part B -
__________________________________________________________________________________________
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Technical Proposal
Part C – Declaration
Having read and understood all terms and conditions of the Tender Documents,
*I / we, ( ) being the Tenderer, hereby declare
(Name of Tenderer in Block Letters)
and warrant that all information given in or attached to this Tender Documents
(including this Technical Proposal) is true, complete and accurate.
Signed by
)
(Name and Post of Authorised Signatory in Block Letters)
)
(Signature)
for and on behalf of the Tenderer
in the presence of and signed by
)
(Name of Witness in Block Letters)
)
(Signature)
Date:
* delete where inapplicable
- End of Part C –
__________________________________________________________________________________________
Tender Reference: SWDT092017
42
Price Proposal
Appendix 2
Price Proposal
IMPORTANT points to note
Tenderers are advised to read the following notes carefully before they proceed to complete
the Price Proposal –
(a)
A Tenderer shall prepare the Price Proposal using the form as set out in Appendix 2.
(b)
A Tenderer shall take into account of Price Tendered in Clause 7 of the Terms of
Tender in preparing for the Price Proposal.
(c) Charge for Administrative Cost
The Administrative Cost shall include all the cost incurred by the Contractor in
administering and delivering the Services in a manner as stipulated in the Service
Specifications and the terms and conditions of the Contract. The Administrative Cost
shall be inclusive of all fees, costs, charges and disbursements incurred by the
Contractor in the performance of administering and delivering of the Services,
including the cost of staffing, material, delivery (including transportation and
travelling), overheads (including the cost of effecting insurance, contribution to the
Mandatory Provident Fund), administration, management, rent, and rates and costs for
implementing any transitional arrangements as stipulated in Clause 4 of the Conditions
of Contract and Clause 5 of the Service Specifications.
Administrative Cost will be provided to Contractor according to the actual number of
Service Users served times the Monthly Unit Rate for the respective ranges of Service
Users per month. An illustration of the calculation is made as follows -
Number of Service Users
Monthly Unit Rate ($)*
served for the respective
(for the additional Service Users that fall
ranges of Service Users
into the Range)
10 000 or below
(e.g. $A)
additional 3 000 at the
(e.g. $B)
range of 10 001 – 13 000
additional 3 000 at the
(e.g. $C)
range of 13 001 – 16 000
additional 3 000 at the
(e.g. $D)
range of 16 001 – 19 000
additional 3 000 at the
(e.g. $E)
range of 19 001 – 22 000
additional number of
(e.g. $F)
Service Users on top of
22 001 or above
*Administrative Cost will be paid based on the Monthly Unit Rate of respective
ranges of the number of Service Users. The number of Service Users served in a
__________________________________________________________________________________________
Tender Reference: SWDT092017
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Price Proposal
month will be the total number of the Service Users served as at the last day of a
month.
Example 1: Administrative Cost for 10 100 Service Users will be:
$A x 10 000 + $B x 100
Example 2: The Administrative Cost for 22 100 Service Users will be:
$A x 10 000 + $B x 3 000 + $C x 3 000 + $D x 3 000 + $E x 3 000 + $F x 100
(d)
Complete and submit the Price Proposal for each Service Region separately.
(e)
The Price Proposal is to be submitted in one sealed envelope together with the Item (3)
of Appendix 3 to Terms of Tender.
__________________________________________________________________________________________
Tender Reference: SWDT092017
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Price Proposal
(Contract A)
Price Proposal
Part A – Charges (All figures in Hong Kong dollars)
The Tenderer must provide below charges for Administrative Cost for administering and
delivering of the Services for the Service Region to be bid –
1.
Service Region to be bid :
[ Kowloon City and Yau Tsim Mong]
(Contract A)
2.
Proposed Monthly Unit Rate for the Service Region to be bid:
Ranges of Number of
Monthly Unit Rate
Service Users served
(HK$)Note 1 and 2
(for the number of Service
Users that fall into the
Range)
[A]
2 500 or below
[HK$__________]
additional 750 at the
[HK$__________]
[B]
range of 2 501 – 3 250
additional 750 at the
[HK$__________]
[C]
range of 3 251 – 4 000
additional 750 at the
[HK$__________]
[D]
range of 4 001 – 4 750
additional 750 at the
[HK$__________]
[E]
range of 4 751 – 5 500
additional number of
Service Users at 5 501
[HK$__________]
[F]
or above
3.
Total Monthly Charge for estimated highest number of 5 501Service Users for the
Service Region to be bid:
Monthly Unit Rate [A] × 2 500
[HK$__________]
[$A]
+
Monthly Unit Rate [B] × 750
[HK$__________]
[$B]
+
Monthly Unit Rate [C] × 750
[HK$__________]
[$C]
+
Monthly Unit Rate [D] × 750
[HK$__________]
[$D]
+
Monthly Unit Rate [E] × 750
[HK$__________]
[$E]
+
Monthly Unit Rate [F] × 1
[HK$__________]
[$F]
=
Total Monthly Charge for 5 501
Service Users
[HK$__________]
[$G]
= ([$A] + [$B] + [$C] + [$D] + [$E]
+ [$F])
__________________________________________________________________________________________
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Price Proposal
4.
Estimated Total Contract Value for the Contract Term for the Service Region to be
bid:
Total Monthly Charge for the estimated highest number of 5 501 Service Users
(i.e.[$G] × 24 months of Contract Term) = [HK$ ]
Note 1:
The proposed Monthly Unit Rate for
each range of Service Users must be
completed, fixed and not subject to any variation of whatsoever nature;
otherwise,
the Tenderer’s Tender will not be considered further.
Note 2:
A Tenderer shall use the Monthly Unit Rate for
each range of Service Users in
paragraph 2 and work out the calculation accurately in the tables in paragraphs
3 and 4 respectively. Should there be deviation in the calculation in the tables
under paragraphs 2, 3 and 4 herein; the Government shall be at liberty to work
out the Total Monthly Charge in paragraph 3 and estimated Total Contract
Value in paragraph 4 for 5 501 Service Users in accordance with the Monthly
Unit Rate in the table of paragraph 2 herein. The highest number of 5 501
Service Users is provided for Tenderer’s reference and for calculation of the
quoted Total Monthly Charge and the estimated Total Contract Value is only
for the purpose of price assessment. The Government does not warrant,
undertake or bind itself to provide such number of Service Users under the
Contract.
__________________________________________________________________________________________
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Price Proposal
(Contract B)
Price Proposal
Part A – Charges (All figures in Hong Kong dollars)
The Tenderer must provide below charges for Administrative Cost for administering and
delivering of the Services for the Service Region to be bid –
1.
Service Region to be bid :
[Hong Kong, Kowloon and Islands (excluding
Kowloon City and Yau Tsim Mong)]
(Contract B)
2.
Proposed Monthly Unit Rate for the Service Region to be bid:
Ranges of Number of
Monthly Unit Rate
Service Users served
(HK$)Note 1 and 2
(for the number of Service
Users that fall into the
Range)
[A]
2 000 or below
[HK$__________]
additional 750 at the
[HK$__________]
[B]
range of 2 001 – 2 750
additional 750 at the
[HK$__________]
[C]
range of 2 751 – 3 500
additional 750 at the
[HK$__________]
[D]
range of 3 501 – 4 250
additional 750 at the
[HK$__________]
[E]
range of 4 251 – 5 000
additional number of
Service Users at
[HK$__________]
[F]
5 001 or above
3.
Total Monthly Charge for estimated highest number of 5 001 Service Users for the
Service Region to be bid:
Monthly Unit Rate [A] × 2 000
[HK$__________]
[$A]
+
Monthly Unit Rate [B] × 750
[HK$__________]
[$B]
+
Monthly Unit Rate [C] × 750
[HK$__________]
[$C]
+
Monthly Unit Rate [D] × 750
[HK$__________]
[$D]
+
Monthly Unit Rate [E] × 750
[HK$__________]
[$E]
+
Monthly Unit Rate [F] × 1
[HK$__________]
[$F]
=
Total Monthly Charge for 5 001
Service Users
[HK$__________]
[$G]
= ([$A] + [$B] + [$C] + [$D] + [$E]
+ [$F])
__________________________________________________________________________________________
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Price Proposal
4.
Estimated Total Contract Value for the Contract Term for the Service Region to be
bid:
Total Monthly Charge for the estimated highest number of 5 001 Service Users
(i.e.[$G] × 24 months of Contract Term) = [HK$ ]
Note 1:
The proposed Monthly Unit Rate for
each range of Service Users must be
completed, fixed and not subject to any variation of whatsoever nature;
otherwise,
the Tenderer’s Tender will not be considered further.
Note 2:
A Tenderer shall use the Monthly Unit Rate for
each range of Service Users in
paragraph 2 and work out the calculation accurately in the tables in paragraphs
3 and 4 respectively. Should there be deviation in the calculation in the tables
under paragraphs 2, 3 and 4 herein; the Government shall be at liberty to work
out the Total Monthly Charge in paragraph 3 and estimated Total Contract
Value in paragraph 4 for 5 001 Service Users in accordance with the Monthly
Unit Rate in the table of paragraph 2 herein. The highest number of 5 001
Service Users is provided for Tenderer’s reference and for calculation of the
quoted Total Monthly Charge and the estimated Total Contract Value is only
for the purpose of price assessment. The Government does not warrant,
undertake or bind itself to provide such number of Service Users under the
Contract.
__________________________________________________________________________________________
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Price Proposal
(Contract C)
Price Proposal
Part A – Charges (All figures in Hong Kong dollars)
The Tenderer must provide below charges for Administrative Cost for administering and
delivering of the Services for the Service Region to be bid –
1.
Service Region to be bid :
[New Territories]
(Contract C)
2.
Proposed Monthly Unit Rate for the Service Region to be bid:
Ranges of Number of
Monthly Unit Rate
Service Users served
(HK$)Note 1 and 2
(for the number of Service
Users that fall into the
Range)
[A]
2 000 or below
[HK$__________]
additional 750 at the
[HK$__________]
[B]
range of 2 001 – 2 750
additional 750 at the
[HK$__________]
[C]
range of 2 751 – 3 500
additional 750 at the
[HK$__________]
[D]
range of 3 501 – 4 250
additional 750 at the
[HK$__________]
[E]
range of 4 251 – 5 000
additional number of
Service Users at
[HK$__________]
[F]
5 001 or above
3.
Total Monthly Charge for estimated highest number of 5 001 Service Users for the
Service Region to be bid:
Monthly Unit Rate [A] × 2 000
[HK$__________]
[$A]
+
Monthly Unit Rate [B] × 750
[HK$__________]
[$B]
+
Monthly Unit Rate [C] × 750
[HK$__________]
[$C]
+
Monthly Unit Rate [D] × 750
[HK$__________]
[$D]
+
Monthly Unit Rate [E] × 750
[HK$__________]
[$E]
+
Monthly Unit Rate [F] × 1
[HK$__________]
[$F]
=
Total Monthly Charge for 5 001
Service Users
[HK$__________]
[$G]
= ([$A] + [$B] + [$C] + [$D] + [$E]
+ [$F])
__________________________________________________________________________________________
Tender Reference: SWDT092017
49
Price Proposal
4.
Estimated Total Contract Value for the Contract Term for the Service Region to be
bid:
Total Monthly Charge for the estimated highest number of 5 001 Service Users
(i.e.[$G] × 24 months of Contract Term) = [HK$ ]
Note 1:
The proposed Monthly Unit Rate for
each range of Service Users must be
completed, fixed and not subject to any variation of whatsoever nature;
otherwise,
the Tenderer’s Tender will not be considered further.
Note 2:
A Tenderer shall use the Monthly Unit Rate for
each range of Service Users in
paragraph 2 and work out the calculation accurately in the tables in paragraphs
3 and 4 respectively. Should there be deviation in the calculation in the tables
under paragraphs 2, 3 and 4 herein; the Government shall be at liberty to work
out the Total Monthly Charge in paragraph 3 and estimated Total Contract
Value in paragraph 4 for 5 001 Service Users in accordance with the Monthly
Unit Rate in the table of paragraph 2 herein. The highest number of 5 001
Service Users is provided for Tenderer’s reference and for calculation of the
quoted Total Monthly Charge and the estimated Total Contract Value is only
for the purpose of price assessment. The Government does not warrant,
undertake or bind itself to provide such number of Service Users under the
Contract.
- End of Part A -
__________________________________________________________________________________________
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Price Proposal
Part B – Declaration
Having read and understood all documents constituting the Tender Documents,
*I / we ( ) being the Tenderer, hereby offer
(Name of Tenderer in Block Letters)
to provide such service price as indicated above for the Contract in respect of
Service Region ( ) on and subject to the terms and
conditions set out in the Contract.
Signed by
)
(Name and Post of Authorised Signatory in Block Letters)
)
(Signature)
for and on behalf of the Tenderer
in the presence of and signed by
)
(Name of Witness in Block Letters)
)
(Signature)
Date:
* delete where inapplicable
- End of Part B -
__________________________________________________________________________________________
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Financial Information
Appendix 3
Financial Information
IMPORTANT points to note
The financial information in Item (1) and (2) below must be put into the sealed envelope of
the “Technical Proposal” whereas the financial information in Item (3) below must be put into
the sealed envelope of “Price Proposal”.
__________________________________________________________________________________________
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Financial Information
Financial Information
The Tenderer must provide all the information required hereunder. Failure to provide
all such information may render a tender invalid.
(Put Item (1) and (2) into the sealed envelope of “Technical Proposal” as stated in Clause 6.1
of the Terms of Tender.)
Financial Information as Required
Item
in accordance with Clause 10 of the Terms of Tender
(1)
Three financial years’ audited financial statements of the Tenderer (originals or
copies certified by the Tenderer’s auditor)
(Assign an Annex number sequentially)
(2)
Management accounts up to a period not earlier than three months before the Tender
Closing Date
(Assign an Annex number sequentially)
__________________________________________________________________________________________
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Financial Information
Financial Information
The Tenderer must provide all the information required hereunder. Failure to provide
all such information may render a tender invalid.
(Put Item (3) into the sealed envelope of “Price Proposal” as stated in Clause 6.1 of the Terms
of Tender.)
Financial Information as Required
Item
in accordance with Clause 10 of the Terms of Tender
(3)
Projected Statement of Profit or Loss and Statement of Cash Flows for each
Financial Year for the whole Contract Term, one for the Services and one for the
organisation of the Tenderer as a whole (including the projections for the Services)
that are certified by the Tenderer’s chief executive or directors.
(Assign an Annex number sequentially)
__________________________________________________________________________________________
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Financial Information
Declaration
Having read and understood all terms and conditions of the Tender Documents,
*I / we ( ) being the Tenderer, hereby declare
(Name of Tenderer in Block Letters)
and warrant that all information given in or attached to this Tender Documents
(including this Financial Information) is true, complete and accurate.
Signed by
)
(Name and Post of Authorised Signatory in Block Letters)
)
(Signature)
for and on behalf of the Tenderer
in the presence of and signed by
)
(Name of Witness in Block Letters)
)
(Signature)
Date:
* delete where inapplicable
__________________________________________________________________________________________
Tender Reference: SWDT092017
55
Marking Scheme for Technical Assessment
Appendix 4
Marking Scheme for Technical Assessment
__________________________________________________________________________________________
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Marking Scheme for Technical Assessment
Marking Scheme for Technical Assessment
Maximum
Assessment Criteria / Sub-criteria
Marks Attained
Marks
(A) Tenderer’s Experience
A1
Number of aggregate years of proven 5
Having regard to the
experience5 of the Tenderer in providing
information provided in
(i)
humanitarian
assistance
for
Section (A1) under Part
Non-refoulement Claimants and / or
B
of
the
Technical
similar classes of persons who have
Proposal
and
the
claimed asylum and / or non-refoulement
supporting documents as
protection; and / or (ii) emergency relief
required in Explanatory
services for victims of massive disasters
Note (a)(i) below
arising from war or earthquakes or other
natural disasters in or outside Hong Kong
in excess of 3 years during the past 20
years immediately preceding the original
Tender Closing Date
‘5’
>7 years
‘4’
>6 years to =
7 years
‘3’
>5 years to =
6 years
‘2’
>4 years to =
5 years
‘1’
>3 years to =
4 years
‘0’
=3 years
A2
Number of aggregate years of proven 5
Having regard to the
Supervisory Experience of the proposed
information provided in
Service Director during the past 20 years
Section
(A2)
under
immediately
preceding
the
original
Part B of the Technical
Tender Closing Date
Proposal
and
the
supporting documents as
required in Explanatory
Note (a)(ii) below
‘5’
>7 years
‘4’
>6 years to =
7 years
‘3’
>5 years to =
6 years
‘2’
>4 years to =
5 years
‘1’
>3 years to =
4 years
‘0’
≤3 years
5 Please refer of Clause 4.3 of the Terms of Tender, which are applicable to Assessment Sub-criteria A1.
__________________________________________________________________________________________
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57
Marking Scheme for Technical Assessment
Maximum
Assessment Criteria / Sub-criteria
Marks Attained
Marks
(B) Quality of Services Proposed
B1
Quality
of
case
assessment
and 20
Having regard to the
implementation plan
information provided in
Section (B1) under Part
B
of
the
Technical
Proposal in accordance
with Explanatory Note
(c)(i) below and see
Note 1 for Sub-criteria
B1 to B3 and B6
‘20’
: excellent
‘16’
: very good
‘12’
: good
‘8’
: average
‘4’
: fair
‘0’
: not feasible
B2
Quality
of
accommodation
service 20
Having regard to the
delivery plan
information provided in
Section (B2) under Part
B
of
the
Technical
Proposal in accordance
with
Explanatory
Note (c)(ii) below and
see
Note
1
for
Sub-criteria B1 to B3 and
B6
‘20’
: excellent
‘16’
: very good
‘12’
: good
‘8’
: average
‘4’
: fair
‘0’
: not feasible
B3
Quality of food service delivery and 20
Having regard to the
monitoring plan
information provided in
Section (B3) under Part
B
of
the
Technical
Proposal in accordance
with
Explanatory
Note (c)(iii) below and
see
Note
1
for
Sub-criteria B1 to B3 and
B6
__________________________________________________________________________________________
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Marking Scheme for Technical Assessment
Maximum
Assessment Criteria / Sub-criteria
Marks Attained
Marks
‘20’
: excellent
‘16’
: very good
‘12’
: good
‘8’
: average
‘4’
: fair
‘0’
: not feasible
B4
Quality
of
arrangement
plan
for 5
Having regard to the
transportation allowance
information provided in
Section (B4) under Part
B
of
the
Technical
Proposal in accordance
with
Explanatory
Note (c)(iv) below and
see
Note
2
for
Sub-criteria B4 to B5
‘5’
: excellent
‘4’
: very good
‘3’
: good
‘2’
: average
‘1’
: fair
‘0’
: not feasible
B5
Quality of arrangement plan for clothing 5
Having regard to the
and other basic necessities
information provided in
Section (B5) under Part
B
of
the
Technical
Proposal in accordance
with
Explanatory
Note (c)(v) below and
see
Note
2
for
Sub-criteria B4 to B5
‘5’
: excellent
‘4’
: very good
‘3’
: good
‘2’
: average
‘1’
: fair
‘0’
: not feasible
__________________________________________________________________________________________
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59
Marking Scheme for Technical Assessment
Maximum
Assessment Criteria / Sub-criteria
Marks Attained
Marks
B6
Quality of arrangement plan to solicit 5
Having regard to the
community resources and support
information provided in
Section (B6) under Part
B
of
the
Technical
Proposal in accordance
with
Explanatory
Note (c)(vi) below and
see
Note
1
for
Sub-criteria B1 to B3 and
B6
‘5’
: excellent
‘4’
: very good
‘3’
: good
‘2’
: average
‘1’
: fair
‘0’
: not feasible
(C) Human Resource Management
C1
Commitment
on
Professional 6
Having regard to the
Worker-to-Service User ratio of not more
information provided in
than 130
Section (C1) under Part
B
of
the
Technical
Proposal in accordance
with
Explanatory
Note (d)(1) below
‘6’
1:<110
‘5’
1: 110 - <114
‘4’
1:114 - <118
‘3’
1:118 - <122
‘2’
1:122 - <126
‘1’
1:126 - <130
‘0’
≥1:130
C2
Commitment
on
Supporting 4
Having regard to the
Worker-to-Service User ratio of not more
information provided in
than 150
Section (C2) under Part
B
of
the
Technical
Proposal
and
in
accordance
with
Explanatory Note (d)(2)
below
‘4’
1: <120
‘3’
1:120 - <130
‘2’
1:130 - <140
‘1’
1:140 - <150
‘0’
≥1:150
__________________________________________________________________________________________
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Marking Scheme for Technical Assessment
Maximum
Assessment Criteria / Sub-criteria
Marks Attained
Marks
C3
Commitment
on
percentage
of 5
Having regard to the
Professional Workers having at least one
information provided in
aggregate year of Relevant Experience
Section (C3) under Part
B
of
the
Technical
Proposal
and
in
accordance
with
Explanatory Note (d) (3)
below
‘5’
>70%
‘4’
>65% to 70%
‘3’
>60% to 65%
‘2’
>55% to 60%
‘1’
>50% to 55%
‘0’
≤50%
Total Technical Mark = 100 (maximum)
(40 = passing mark)
Note 1 for Sub-criteria B1 to B3 and B6
“excellent” means the proposed plan is practicable and provides detailed information on all
items listed in the below Explanatory Note relevant to the corresponding Assessment
Sub-criterion (“the relevant Explanatory Note”) as well as good suggestion(s) on at least one
of the items marked with “*” (for Assessment Sub-criteria B1 to B3 and B6) in the relevant
Clause.
“very good” means the proposed plan is practicable and provides detailed information on
more than half of the items listed in the relevant Explanatory Note and brief information on
the remaining items, if any, but without any good suggestions.
“good” means the proposed plan is practicable and provides detailed information on half of
the items listed in the relevant Explanatory Note and brief information on the remaining
items.
“average” means the proposed plan is practicable and provides detailed information on less
than half of the items listed in the relevant Explanatory Note and brief information on the
remaining items.
“fair” means the proposed plan is practicable and provides brief information on all of the
items listed in the relevant Explanatory Note.
“not feasible” means the proposed plan is not practicable or provides no information on any
one of the items listed in the relevant Explanatory Note.
__________________________________________________________________________________________
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Marking Scheme for Technical Assessment
The meanings of "more than half", "half" and "less than half" of the items of the respective
plans are as below –
Case assessment and
Food service delivery and
implementation plan /
monitoring plan /
Accommodation service
Arrangement plan to solicit
delivery plan
community resources and
support
More than half
4 or above
3 or above
Half
3
2
Less than half
1 or 2
1
Note 2 for Sub-criteria B4 and B5
“excellent” means the proposed plan is practicable and provides detailed information on
both items listed in the below Explanatory Note relevant to the corresponding Assessment
Sub-criterion (“the relevant Explanatory Note”) as well as good suggestion on both items in
the relevant Clause.
“very good” means the proposed plan is practicable and provides detailed information on
both items listed in the relevant Explanatory Note with good suggestion on any one item in
the relevant Explanatory Note.
“good” means the proposed plan is practicable and provides detailed information on both
items listed in the relevant Explanatory Note.
“average” means the proposed plan is practicable and provides detailed information on one
item listed in the relevant Explanatory Note and brief information on the remaining item.
“fair” means the proposed plan is practicable and provides brief information on both items
listed in the relevant Explanatory Note.
“not feasible” means the proposed plan is not practicable or provides no information on any
one item listed in the relevant Explanatory Note.
Explanatory Note on Information and / or Documents to be Submitted for Technical
Assessment
(a)
Information on the Tenderer’s Experience
(i)
Supporting documents to prove all aggregate periods of experience of the
Tenderer in providing (i) humanitarian assistance for Non-refoulement Claimants
and / or similar classes of persons who have claimed asylum and / or
non-refoulement protection, and / or (ii) emergency relief services for victims of
massive disasters arising from war or earthquakes in or outside Hong Kong
during the past 20 years immediately preceding the original Tender Closing Date
including but not limited to the following–
(1)
documents showing the city / country where the humanitarian
assistance / emergency relief services are / were provided
(2)
documents showing the commencement and end dates of humanitarian
assistance / emergency relief services provided
(3)
documents / service pamphlets showing the scope of services, nature
of humanitarian assistance / emergency relief services provided and
types of clients served
__________________________________________________________________________________________
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62
Marking Scheme for Technical Assessment
(ii)
Supporting documents to prove all aggregate periods of Supervisory Experience
of the proposed Service Director in supervising the provision of (i) humanitarian
assistance for Non-refoulement Claimants and / or similar classes of persons who
have claimed asylum and / or non-refoulement protection, and / or (ii) emergency
relief services for victims of massive disasters arising from war or earthquakes or
other natural disasters in or outside Hong Kong during the past 20 years
immediately preceding the original Tender Closing Date including but not
limited to the following –
(1)
documents showing the city / country where the Supervisory
Experience was gained
(2)
organisation chart(s)
(3)
duty list(s)
(4)
copy / copies of employment letter(s) showing the duration of
employment
(5)
copy / copies of certificate(s) of the academic qualification attained
(b) If a Tenderer fails to submit the supporting documents mentioned in Explanatory
Note(a)(i) and (ii) above before the Tender Closing Date, it may be requested to submit
such information to the Government within five (5) Working Days from the date of
request or such other period as specified in the request. If a Tenderer fails to comply
with such request or the supporting documents submitted are not acceptable to the
Government, the Government may, at its discretion but not an obligation, proceed to
evaluate the tender on an “as is” basis or disqualify the Tenderer.
(c)
Information on Quality of Services Proposed
(i)
Case assessment and implementation plan shall include the following items–
(1)
Procedures to process the request for the Services from referrals of
SWD with due regard to the requirements set out in Clause 5.1 of the
Service Specifications
(2)*
Procedures to complete an assessment of a Service User’s eligibility
for different types and levels of assistance including that of very
urgent, vulnerable and needy cases; to verify a Service User’s
available resources and support, and to deliver the Services to a
qualified Service User with due regard to the requirements set out in
Clause 5.1 of the Service Specifications
(3)*
Procedures to assess the genuine needs of Service Users who request
for Extra Assistance as stipulated in Clause 5.5 of the Service
Specifications and to approve the Extra Assistance with due regard to
the requirements set in Clause 5.6 and 5.7 in the Service Specifications
(4)
Procedures to re-activate provision of the Services for Service Users
whose assistance has been temporarily suspended for reasons such as
detention, hospitalization, etc.
(5)
Case review mechanism and frequency to re-assess the eligibility and
vulnerability of individual Service Users
__________________________________________________________________________________________
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63
Marking Scheme for Technical Assessment
(6)
Procedures to handle cases who are assessed to be ineligible for the
Services or requiring the types of assistance beyond the ambit of the
Services under the Contract
(7)*
Contingency plan to receive an intake of a large number of cases, i.e.
to intake in a month of more than 5% of the total number of Service
Users as specified in Clause 4.1 of the Service Specifications for the
Contract for the respective Service Regions, including measures to
speed up the assessment, handling and delivery of the Services to
eligible Service Users
(ii)
Accommodation service delivery plan shall include the following items –
(1)
Accommodation arrangement for adult singletons and families with or
without children
(2)*
Accommodation arrangement for vulnerable groups including
unaccompanied minors, children in need of residential placement,
victims of gender-based violence, and persons with mental and / or
physical illness
(3)*
Methods to monitor the condition of the Service Users in the
accommodation (including the safety and hygiene conditions of the
accommodation)
(4)
Arrangement for payment of rent and utilities fees for electricity
supply, water supply and gas provision
(5)*
Arrangement for and methods to monitor disbursement and recovery
of rental deposit and disbursement of property agent fee
(6)
Measures to handle suspected cases of fraudulent uses of the
accommodation, rental payment, rental deposit and property agent fee
(7)
Procedures to handle emergency relocation cases
(iii) Food service delivery and monitoring plan shall include the following items –
Delivery of food assistance in the form of Electronic Tokens –
(1)*
Measures to monitor the distribution of Electronic Tokens to Service
Users including proper records of Electronic Token distributed,
measures to ensure proper storage of Electronic Token in
not-yet-activated status
(2)*
Measures to assign the accurate face value and validity period onto the
Electronic Tokens with proper cross-checking mechanism involving
appropriate level of staff to prevent abuse and keep track of the staff’s
integrity
__________________________________________________________________________________________
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Marking Scheme for Technical Assessment
Delivery of in-kind food assistance during contingency –
(3)*
Contingency plan including procedures / measures to assess, provide
and monitor the distribution of in-kind food for urgent cases and other
Service Users with justifiable needs
(4)
Submission of an in-kind food list to be provided to Service Users
with due regard to the nutritious, cultural, religious and other specific
needs of Service Users such as food for ill-health persons
Delivery of both Electronic Tokens and in-kind food –
(5)
Measures to prevent misuse of and to handle reports of misuse of
Electronic Tokens / in-kind food; and to handle Service User who is
found to have misused the Electronic Tokens / in-kind food
(iv) Arrangement plan for transportation allowance shall include the following items
–
(1)
Mechanism to verify the needs of Service Users in transportation
allowance for regular trips
(2)
Mechanism to verify Service Users’ request of additional
transportation allowance
(v)
Arrangement plan for clothing and other basic necessities shall include the
following items –
(1)
Arrangement for clothing to cater for the needs of different types of
Service Users, including babies, children, male and female, etc.
(2)
Arrangement for other basic necessities to be offered to different types
of Service Users, including babies, children, women, etc.
(vi) Arrangement plan to solicit community resources and support from relevant
organisations, such as churches, charitable organisations and other
non-governmental organisations, to facilitate the delivery of the following items
–
(1)*
Accommodation service
(2)*
Food service
(3)
Clothing and other basic necessities
(4)
Transportation allowance
(5)*
Support services (other than those covered in (1) to (4))
(d) Information on Human Resource Management
(1)
Commitment on Professional Worker-to-Service User ratio of not more
than 130
(2)
Commitment on Supporting Worker-to-Service User ratio of not more
than 150
__________________________________________________________________________________________
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Marking Scheme for Technical Assessment
(3)
Commitment on percentage of Professional Workers meeting the
minimum academic qualification of having a bachelor degree in social
work or counselling from a university in Hong Kong or equivalent, who
have at least one aggregate year of Relevant Experience in working with
Non-refoulement Claimants and / or similar classes of persons who have
claimed asylum and / or non-refoulement protection; and / or victims of
massive disasters arising from war or earthquakes or other natural
disasters in or outside Hong Kong
__________________________________________________________________________________________
Tender Reference: SWDT092017
66
Sample Scenario for Rules of Tender Acceptance
Appendix 5
Sample Scenario
for Rules of Tender Acceptance
__________________________________________________________________________________________
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67
Sample Scenario for Rules of Tender Acceptance
Sample Scenario for Rules of Tender Acceptance
Example 1 : T1 is awarded two Contracts (i.e. Contract B and Contract C) under
Phase 1 and its bid for Contract A will not be further considered
under Phase 2 due to the restriction in Clause 9.14 of the Terms of
Tender. In this scenario, Contract A will be awarded to T2 which
attains the 2nd highest total weighted mark under Phase 2.
Tenderer
Contract A
Contract B
Contract C
Ranking
R1
R2
-
-
R3
-
-
Phase 1 : T1 is awarded Contract B and Contract C
Phase 2 : T2 is awarded Contract A
__________________________________________________________________________________________
Tender Reference: SWDT092017
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Sample Scenario for Rules of Tender Acceptance
Example 2 : T1 is awarded one Contract (i.e. Contract B) under Phase 1. Under Phase
2, T1’s bids for the other two Contracts (i.e. Contract A and Contract C) will
be combined with the tenders which attain the second highest total weighted
mark and offer the estimated Total Contract Value which are considered
reasonable by the Government in the two Contracts (i.e. T2’s tender for
Contract A and T4’s tender for Contract C) to work out the following two
possible combinations based on the estimated Total Contract Value of the
Contracts and the tenders in the combinations which is least costly to the
Government will normally be recommended for acceptance in accordance
with Clause 9.15.6 of the Terms of Tender
– Combination x: Contract A awarded to T1 + Contract C awarded to T4.
The aggregate estimated Total Contract Value for the two Contracts is $210
million.
Combination y: Contract A awarded to T2 + Contract C awarded to T1. The
aggregate estimated Total Contract Value for the two Contracts is $240
million.
In this scenario, combination x will be least costly to the Government and hence T1 will be
awarded Contract A and T4 will be awarded Contract C under Phase 2.
Tenderer
Contract A
Contract B
Contract C
Ranking
R1
T1
T1
T1
(Total Contract
(Total
(Total Contract
Value: $90
Contract
Value: $130
million )
Value: $200
million )
million )
R2
T2
-
T4
(Total Contract
(Total Contract
Value: $110
Value: $120
million )
million )
R3
T5
-
T6
Phase 1 : T1 is awarded Contract B
Phase 2 : T1 is awarded Contract A and T4 is awarded Contract C
which is the least costly combination to the Government
in accordance with Clause 9.15.6
__________________________________________________________________________________________
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69
Sample Scenario for Rules of Tender Acceptance
Example 3 : T1 had bid for all three Contracts with more than one Conforming
Tender received and its bids attain the highest total weighted mark in all
three Contracts with the estimated Total Contract Value offered for the
Contracts being considered reasonable by the Government. In order to
determine which two contracts should be awarded to T1 due to the
restrictions in Clause 9.14 of the Terms of Tender, all three tenders by
T1 will be combined with the tenders which attain the second highest
total weighted mark and offer the estimated Total Contract Value which
are considered reasonable by the Government in the three Contracts to
work out the following three possible combinations based on the
estimated Total Contract Value of the Contracts and the tenders in the
combination which is least costly to the Government will normally be
recommended for acceptance in accordance with Clause 9.15.7 of the
Terms of Tender, subject to the restriction in Clause 9.14
– Combination xx: Contracts A and B awarded to T1 + Contract C
awarded to T4. The aggregate estimated Total Contract Value for the
three Contracts is $410 million.
Combination yy: Contracts A and C awarded to T1 + Contract B
awarded to T3. The aggregate estimated Total Contract Value for the
three Contracts is $470 million.
Combination zz: Contract A awarded to T2 + Contracts B and C
awarded to T1. The aggregate estimated Total Contract Value for the
three Contracts is $440 million.
In this scenario, combination xx is least costly to the Government and hence T1 will be
awarded Contract A and Contract B and T4 will be awarded Contract C under Phase 2.
Tenderer
Contract(A)
Contract (B)
Contract (C)
Ranking
R1
T1
T1
T1
(Total Contract (Total Contract (Total Contract
Value:$90
Value:$200
Value : $130
million)
million)
million)
R2
T2
T3
T4
(Total Contract (Total Contract (Total Contract
Value:$110
Value:$250
Value : $120
million)
million)
million)
R3
T5
-
T6
Phase 1 : Not applicable
Phase 2 : T1 is awarded Contract A and Contract B whereas T4 is
awarded Contract C which is the least costly combination to
Government in accordance with Clause 9.15.7
__________________________________________________________________________________________
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Form of Bank Guarantee
Appendix 6
Form of Bank Guarantee
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71
Form of Bank Guarantee
Bank Guarantee
THIS GUARANTEE is made the ……. day of …………... …20…
BETWEEN
(1)
[name of the bank], a bank within a meaning of the Banking Ordinance (Cap. 155)
(hereinafter called the “Guarantor”) of the one part; and
(2)
The Government of the Hong Kong Special Administrative Region (hereinafter called
the “Government”) of the other part.
WHEREAS
(A)
By a Contract (Service Contract Number: …………………………) as referred in
the Tender Documents issued by the Government pursuant to an invitation to tender (Service
Tender Reference:SWDT092017) (hereinafter called the “Contract”) to be entered into
between
……………………………………………………………...............……..
of …………………..……….(hereinafter called the “Contractor”) of the one part and the
Government of the other part, the Contractor agreed and undertook to provide the Services
of ………………………….(Service Region) on and subject to the terms and conditions of
the Contract.
(B)
The Guarantor has agreed to guarantee in the manner and on the terms and
conditions hereinafter appearing, the due and faithful performance of the Contract by the
Contractor.
Now the Guarantor HEREBY AGREES with the Government as follows –
(1)
Where applicable, words and expressions used in this Guarantee shall have the
meaning assigned to them under the Contract.
(2)
In consideration of the Government entering into the Contract with the Contractor
–
(a) The Guarantor hereby irrevocably and unconditionally guarantees the due and
punctual performance and discharge by the Contractor of all of its obligations
and liabilities under the Contract and the Guarantor shall pay to the
Government on demand and without cavil or argument all monies and
discharge all liabilities which are now or at any time hereafter shall become
due or owing by the Contractor to or in favour of the Government under or in
connection with the Contract together with all costs, charges and expenses on
a full indemnity basis which may be incurred by the Government by reason or
in consequence of any default on the part of the Contractor in performing or
observing any of its obligations, terms, conditions, stipulations or provision of
the Contract.
(b) The Guarantor, as a primary obligor and as a separate and independent
obligation and liability from its obligations and liabilities under Clause (a)
above, irrevocably and unconditionally agrees to indemnify and keep
indemnified the Government against and shall pay to the Government on
demand and without cavil or argument all losses, damages, costs, charges and
expenses on a full indemnity basis suffered or incurred by the Government
arising from or in connection with the failure of the Contractor to perform
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Form of Bank Guarantee
fully or promptly any of its obligations, terms, conditions, stipulations or
provisions of the Contract.
(c) The Guarantor further agrees that all dividends, compositions and payments
which the Government may at any time receive from the Contractor or from
its estate or estates, whether in liquidation, bankruptcy or otherwise, in respect
of such all losses, damages, costs, charges and expenses shall be taken and
applied by the Government as payments in gross, and that this Guarantee shall
stand
good
in
respect
of
the
balance
to
the
full
amount
of ……………………….
(3)
This Guarantee shall not be affected by any change of name or status in the
organisation described as "the Contractor" or where “the Contractor” is a partnership, any
change in the partners or in its constitution.
(4)
The Guarantor shall not be discharged or released from this Guarantee by any
arrangement made between the Government and the Contractor or by any alteration in the
obligations imposed upon the Contractor by the Contract or by any waiver or forbearance
granted by the Government to the Contractor as to payment, time, performance or otherwise
whether or not such arrangement, alteration, waiver or forbearance may have been or is made
or granted with or without knowledge or assent of the Guarantor.
(5)
Without prejudice to Clause (4) above, the obligations of the Guarantor under this
Guarantee shall remain in full force and effect and shall not be affected or discharged in any
way by, and the Guarantor hereby waives notice of or assents to –
(a) any suspension, termination, amendment, variation, novation or supplement of
or to the Contract from time to time (including without limitation extension of
time for performance);
(b) any provision of the Contract being or becoming illegal, invalid, void,
voidable or unenforceable;
(c) the termination of the Contract or of the engagement of the Contractor under
the Contract for any reason;
(d) any forbearance, variation, extension, discharge, compromise, dealing with
exchange, waiver or renewal in respect of any right of action or remedy that
the Government may have, now or after the day of this Guarantee, against the
Contractor and / or the negligence, failure, omission, indulgence or delay by
the Government in enforcing any right, power, privilege to or remedy
available to the Government in relation to the obligations of the Contractor set
out in the Contract;
(e) the voluntary or involuntary liquidation, bankruptcy, dissolution, sale of assets,
receivership, general assignment for benefit of creditors, insolvency,
re-organisation arrangement, composition, or other proceedings of or affecting
the Contractor or its assets, or any change in the constitution of the Contractor;
(f) any assignment, novation or subcontracting by the Contractor of any or all of
its obligations set out in the Contract; and
(g) without prejudice to the generality of the foregoing, any fact or event (whether
similar to any of the foregoing or not) which in the absence of this provision
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Form of Bank Guarantee
would or might constitute or afford a legal or equitable discharge or release of
or defence to the Guarantor, other than the express release of its obligations.
(6)
This Guarantee shall extend to any variation, novation of or amendment to the
Contract and to any agreement supplemental thereto agreed between the Government and the
Contractor and for the avoidance of doubt, the Guarantor hereby authorizes the Government
and the Contractor to make any such amendment, variation, novation or supplemental
agreement without its notice or assent.
(7)
This Guarantee shall have immediate effect upon execution and is a continuing
security. This Guarantee shall cover all of the obligations and liabilities of the Contractor
under the Contract and shall remain in full force and effect and irrevocable until –
(a) the date falling twelve months after the expiry of the Contract; or
(b) the date on which all the obligations and liabilities of the Contractor under the
Contract have been duly carried out, completed and discharged in accordance
with the Contract,
whichever is the later.
(8)
This Guarantee is in addition to and shall not merge with or otherwise prejudice or
affect any contractual or other right or remedy or any guarantee, indemnity, lien, pledge, bill,
note, charge or any other security which the Government may at any time hold (collectively
“Other Security”) and this Guarantee may be enforced by the Government without first
having recourse to any of the Other Security or taking any steps or proceedings against the
Contractor, and notwithstanding any release, waiver or invalidity of the Other Security.
(9)
Any demand, notification or certificate given by the Government specifying
amounts due and payable under or in connection with any of the provisions of this Guarantee
shall be conclusive and binding on the Guarantor.
(10)
The obligations expressed to be undertaken by the Guarantor under this Guarantee
are those of primary obligor and not as a surety.
(11)
This Guarantee shall be governed by and construed according to the laws for the
time being in force in the Hong Kong Special Administrative Region of the People’s Republic
of China (“Hong Kong”) and the Guarantor agrees to submit to the exclusive jurisdiction of
the Courts of Hong Kong.
(12)
All documents arising out of or in connection with this Guarantee shall be served –
(a) upon the Government, at the Social Welfare Department, Room 721, 7/F, Wu
Chung House, 213 Queen’s Road East, Wan Chai, Hong Kong, marked for the
attention of Chief Social Work Officer (Family and Child Welfare)1, facsimile
number (852) 2833 5840;
(b) upon the Guarantor, at ………………, Hong Kong, marked for the attention
of ………………, facsimile number ……………….
(13)
Documents to be served under this Guarantee shall be deemed to have been duly
served by one party if sent by letter or fax addressed to the other party at the address stated
above or to the facsimile number set out above. The documents so served shall be effective
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Form of Bank Guarantee
(a) on the date of delivery if hand-delivered; (b) on the date of transmission if sent by
facsimile; and (c) if dispatched by mail (whether registered or not), on the day on which they
are tendered for delivery by the postal authority in Hong Kong.
(14)
The aggregate amount of the Guarantor's liability under this Guarantee shall not
exceed HK$……………… (Hong Kong Dollars ………………).
(15)
The Guarantor hereby acknowledges that –
(a) the Guarantor has read and fully understand, with the benefit of independent
legal advice if necessary, the terms and conditions of this Guarantee before
entering into this Guarantee; and
(b) no Government officer is authorised to advise on, make representations
regarding or amend the terms and conditions of this Guarantee.
IN WITNESS whereof the said Guarantor ………………has caused its Common
Seal to be hereunto affixed the day and year first above written.
*
The [Common Seal/Seal] of the said
)
Guarantor was hereunto affixed in the
)
presence of ……………….………
)
)
@
Signed Sealed and Delivered for and on
)
behalf of and as lawful attorney of the
)
Guarantor under power of attorney date ……. )
and deed of delegation
)
dated ………by …………… and in the
)
presence of …………...………………..….. )
*
Please delete as appropriate
@
See Powers of Attorney Ordinance (Cap. 31)
Note: When bank guarantees are executed under power of attorney, a photocopy
of the power of attorney, certified on each page by a Hong Kong solicitor
that it is a true and complete copy of the origin must be submitted.
__________________________________________________________________________________________
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Reply Slip for the Briefing Session of the Invitation to Tenders
Appendix 7
Reply Slip for the Briefing Session of the Invitation to Tenders
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Reply Slip for the Briefing Session of the Invitation to Tenders
Reply Slip for the Briefing Session of the Invitation to Tenders
To :
Director of Social Welfare
(Note 1) (Attn.: Senior Social Work Officer (Family) 1)
Fax No.: (852) 2833 5840
Tender Reference: SWDT092017
Administering and Delivery of Assistance for
Non-refoulement Claimants
*I / We would like to attend the briefing session to be held at 3:30 p.m. on
15 August 2018 (Wednesday) at Wan Chai Activities Centre, LG/F, Wan Chai Market,
258 Queen's Road East, Wan Chai, Hong Kong.
Full Name of Attendee(s)(Note 2)
Post / Title
Mr./Mrs./Ms./Miss
Mr./Mrs./Ms./Miss
Name of Company /
Organisation
:
Address of Company /
Organisation
:
Full Name of Authorised
:
Person & Post / Title
Office Telephone No.
:
Mobile Phone No.
:
Fax No.
:
Email Address
:
Note :
1
Please complete and fax this reply slip to (852) 2833 5840 on or before
5:00 p.m. on 9 August 2018.
2
Tenderers can register no more than two representatives for the briefing
session. All questions for clarification at the briefing session must be
submitted in writing in the manner as stipulated in Clause 3 of the Terms
of Tender on or before 5:00 p.m. on 9 August 2018 Late submission
may jeopardise a Tenderer chance to attend the Briefing Session.
*delete where inapplicable
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NON-COLLUSIVE TENDERING CERTIFICATE
Appendix 8
Non-collusive Tendering Certificate
__________________________________________________________________________________________
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78
NON-COLLUSIVE TENDERING CERTIFICATE
(To be completed and returned together with the tender submission)
To: the Government
Dear Sir/ Madam,
Non-collusive Tendering Certificate
1.
I/We, (name of the Tenderer)
of
(address(es) of the Tenderer(s))
refer to the Government’s invitation to tender for the Contract ( “Invitation to Tender”) and
my/our Tender in response to the Invitation to Tender.
Non-collusion
2.
I/We represent and warrant that in relation to the Invitation to Tender:
(a) My/Our Tender was prepared genuinely, independently and made with the
intention to accept the Contract if awarded;
(b) My/Our Tender was not prepared with any agreement, arrangement,
communication, understanding, promise or undertaking with any person (including
any other Tenderer or competitor) regarding:
i)
prices;
ii)
methods, factors or formulas used to calculate prices;
iii)
an intention or decision to submit, or not submit, any Tender;
iv)
an intention or decision to withdraw any Tender;
v)
the submission of any Tender that does not conform with the requirements
of the Invitation to Tender;
vi)
the quality, quantity, specifications or delivery particulars of the products or
services to which the Invitation to Tender relates; and
vii) the terms of my/our Tender,
and I/we undertake that I/we will not, whether before or after the award of the Contract,
enter into or engage in any of the foregoing.
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NON-COLLUSIVE TENDERING CERTIFICATE
3.
Paragraph 2(b) of this certificate shall not apply to agreements, arrangements,
communications, understandings, promises or undertakings with:
(a)
the Government;
(b)
a joint venture partner with which I/we have submitted my/our Tender, and such
joint venture arrangement has already been notified to the Government in my/our
Tender;
(c)
my/our consultants or sub-contractors, provided that the communications are held
in strict confidence and limited to the information required to facilitate that
particular consultancy arrangement or sub-contract;
(d)
my/our professional advisers, provided that the communications are held in strict
confidence and limited to the information required for the adviser to render their
professional advice in relation to my/our Tender;
(e)
insurers or brokers for the purpose of obtaining an insurance quote, provided that
the communications are held in strict confidence and limited to the information
required to facilitate that particular insurance arrangement;
(f)
banks for the purpose of obtaining financing for the Contract, provided that the
communications are held in strict confidence and limited to the information
required to facilitate that financing; and
(g)
any person other than the Government, provided that the Government has given
prior written consent.
Disclosure of subcontracting
4.
Without prejudice to other requirements set out in the Tender Documents concerning
sub-contracting arrangement, in particular, the requirement to seek the Government’s
prior written approval before sub-contracting, I/We understand that I/we are required to
disclose all proposed sub-contracting arrangements for the Contract to the Government
in my/our Tender, including those which will be entered into after the Contract is
awarded. I/We warrant that I/we have duly disclosed and will continue to disclose such
arrangements to the Government.
Consequences of breach or non-compliance
5. I/We understand that in the event of any breach or non-compliance with any
representations, warranties and/or undertakings in this certificate or in Paragraph 26.1 of
the Terms of Tender, the Government may exercise any of the rights under Paragraphs
26.3 to 26.5 of the Terms of Tender in addition to and without prejudice to any other
rights or remedies available to it against me/us.
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NON-COLLUSIVE TENDERING CERTIFICATE
6. Under the Competition Ordinance (Chapter 619 of the Laws of Hong Kong), bid-rigging
is serious anti-competitive conduct. I/We understand that the Government may, at its
discretion, report all suspected instances of bid-rigging to the Competition Commission
(the “Commission”) and provide the Commission with any relevant information,
including but not limited to information on my/our Tender and my/our personal
information.
Signed by the Tenderer / Signed by an
authorised signatory for and on behalf of :
the Tenderer
Name of the authorised signatory (where :
applicable)
Title of the authorised signatory (where :
applicable)
Date
:
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Offer to be Bound
Part II – Offer to be Bound
*I / We, ( ) being the Tenderer, have read and understood
(Name of Tenderer in Block Letters)
all terms and conditions of the Tender Documents (Government Service Tender
Reference :SWDT092017), and agree to be bound by all terms and conditions set out therein.
*I / We HEREBY OFFER to carry out the whole of the Services in respect of Service Region
( ) which may, during the Contract Term or any
extension thereto be required, by or on behalf of the Government Representative to be carried
out, at the prices quoted by *me / us in the Price Proposal free of all other charges, subject to
and in accordance with the Tender Documents and all other attachments thereof.
*I am / We are duly authorised to bind the Tenderer by *my / our signature(s).
The *registered office / principal place of business of the Tenderer is situated
at…………………………………………………………………………………………………
………………………………………………………………………………………………….
Signed by
)
(Name and Post of Authorised Signatory in Block Letters)
)
for and on behalf of the Tenderer
in the presence of and signed by
)
(Name of Witness in Block Letters)
)
(Company Chop)
Date:
Note : (i)
All the particulars required above must be provided.
(ii)
Strike out clearly alternatives which are not applicable.
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Sample of Offer to be Bound
Appendix 9
Sample of Offer to be Bound
__________________________________________________________________________________________
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Sample of Offer to be Bound
__________________________________________________________________________________________
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Memorandum of Acceptance
Part III –Memorandum of Acceptance
The Tender Documents (Ref:SWDT092017) and your Tender submitted in response thereto
refer.
On behalf of the Government of the Hong Kong Special Administrative Region of the
People’s Republic of China,
I
(name and position of officer)
accept your tender for Contract A/B/C. A copy of each document constituting the Contract
is hereby attached for identification purposes.
For and on behalf of the Government of the Hong Kong Special Administrative Region of the
People’s Republic of China
Signed by _________________________
Assistant Director of Social Welfare (Family & Child Welfare)
in the presence of ___________________
Date: _____________________________
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Conditions of Contract
Part IV – Conditions of Contract
1.
Contract Term
1.1
The term of the Contract shall last for two (2) years from the Contract Commencement
Date unless terminated earlier pursuant to other provisions of the Contract.
1.2
Notwithstanding Clause 1.1 above, the Government shall be entitled to extend the
Term for a further period(s) of up to two (2) years in aggregate by giving not less than
six months’ notice in writing to the Contractor before the expiry of the original Term
as specified in Clause 1.1 or the last extended Term. The Contract as extended shall
continue without break until the end of the last extension, on and subject to the same
terms and conditions up to the expiry of the original Term or the last extended Term,
as the case may be.
1.3
The Government may, subject to Clause 1.4 herein, at any time while the Contract
remains valid, by notice in writing issued by the Government Representative, make
such reasonable variations / modifications to the Service Plan in Schedule 1 to the
Conditions of Contract and / or the Service Specifications as he / she shall deem
necessary and the Contractor shall provide the Services in accordance with such
variations / modifications as the case may be.
1.4
Where any variation / modification under Clause 1.3 herein shall render the continued
provision of the Services at the Monthly Unit Rate unfair and unjust, the parties to the
Contract shall in good faith agree on an adjustment to the Monthly Unit Rate.
1.5
In the event the Contractor has completed the term of the Contract, the Contractor
shall, upon receipt of a notification in writing by the Government Representative,
continue to provide the Services on an “as-and-when-required” basis and insofar as
they are applicable, subject to and on the same terms and conditions of the Contract.
1.6
For the avoidance of doubt, all terms and conditions of the Contract shall be complied
with, fulfilled and observed by the Contractor throughout the Contract Term.
2.
Probable Requirement
2.1
The Contractor acknowledges that the estimated ranges of number of Service Users in
Schedule 2 (Price Schedule) are estimates given for the Contractor’s reference only
and are not figures to which the Government binds itself to adhere. The actual
number of Service Users may vary depending on the actual number of
Non-refoulement Claimants eligible for the Services and the Contractor must be
prepared to accept any increase or decrease of the stated estimation.
2.2
The Government does not have any obligation, legal or otherwise, to obtain all or part
of the Services exclusively from the Contractor. In case of an early termination of
the Contract, nothing in this Contract shall oblige the Government to ensure that the
actual number of Service Users under the Contract shall reach any range of numbers as
stipulated in Schedule 2 (Price Schedule).
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Conditions of Contract
3.
Contractor’s Acknowledgement
The Contractor acknowledges and agrees that it has been supplied with sufficient
information to enable it to provide to the Government the Services, which shall
comply fully with the requirements set out in the Service Specifications and other
provisions of the Contract. The Contractor shall not be entitled to any additional
payment nor be excused from any liability under the Contract as a consequence of any
misinterpretation by the Contractor of any matter or fact relating to the Service
Specifications or any other provisions of the Contract.
4. Contractor’s Obligations
4.1
The Contractor shall within one month after the date of the Letter of Conditional
Acceptance or within the period as agreed by the Government Representative submit
for the approval by the Government Representative proposals on –
(a) a monitoring system (including an operational guideline, the assessment
procedures for ascertaining whether a person is qualified as a Service User, the
procedure for handling a Service User’s case, including case transfer among
Contractors of different regions, and the procedures for terminating the provision
of the Services to a Service User);
(b) a case checking system to avoid duplicated service among different Contractors
(e.g. Contractor shall equip a designated telephone line for case checking and set
up a database containing Service Users’ essential particulars to be shared among
Contractors on regular basis. Contractors have to submit the related data files to
the Department regularly for monitoring purpose as well as further case checking
with the related Contractors as and when necessary);
(c) a quality management system, which includes quality planning, monitoring, risk
and contingency management with written protocol to deal with any emergency
situations faced by Service Users and plan for ensuring continuity of the Services
provided. It should cover, but not limited to the situations to handle the large
amount of new service referrals within a short period, crisis management for
Service Users and their families with sudden ill health, urgent child care and
accommodation problems;
(d) an internal control system with clear level of accountability to ensure that all
records and information kept by the Contractor in relation to the activities and
performance of the Services are complete, accurate and genuine and to ensure due
and proper reporting of all information relating to the Services;
(e) an internal control system to comply with the Personal Data (Privacy) Ordinance,
(Cap. 486) on controlling, holding, processing and use of personal data relating to
Service Users and enables Service Users to request access to and correction of any
personal data relating to them with a code of conduct on protection of the Services
and Service Users’ information;
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Conditions of Contract
(f) a system for control of payment and recovery of rental deposit and payment of
property agent fee for Service Users eligible for rental assistance to secure their
accommodation. The system shall include proper guidelines on eligibility,
procedures, the level of the Contractor’s staff responsible for giving the approval,
payment method and monitoring mechanism;
(g) a system for control on payment of transportation allowance to Service Users to
meet transportation expenses corresponding to their location of residence and the
number of routine journeys. The system shall include proper recording of
amount of transportation allowance paid to Service Users, procedures for seeking
internal approval prior to adjustment of transportation allowance, the level of the
Contractor’s staff responsible for giving the approval, and monitoring mechanism;
(h) a system for control on distribution, usage and preventive measure of misuse of
food assistance in the form of Electronic Tokens / in-kind food to Service Users.
For Electronic Tokens, the system shall include proper recording of number of
Electronic Tokens stored and issued, ways of checking the use of Electronic
Tokens for food purchase only, procedures and security measures in assigning
face value and validity period onto the Electronic Tokens; procedures of handling
cases with record of misuse as well as the level of the Contractor’s staff
responsible for giving the approval and monitoring mechanism in line with Clause
5.2.2 of the Services Specification;
(i) a system for assessing and approving the Extra Assistance as specified in Clause
5.6 and 5.7 of the Service Specifications. The system shall include but not limit
to setting assessment procedures, eligibility criteria, amount and level of approval
authority which shall be by Contractor’s staff of supervisory grade;
(j) a system for informing Service Users the criteria for assessing their eligibility, the
type and level of Services to be received; the time pledges for assessment and
getting the Services and for handling complaints; and the anti-bribery warning
against solicitation of service fees in signing and renewal of service agreement;
(k) a system for collecting and handling all feedback and complaints from Service
Users and other related parties and responding to such complaints within one
month after the date of the Contractor’s receipt of the complaint;
(l) a proposal for the set-up cost at a maximum amount of HK$1.5 million which
includes fitting out of premises, purchase of furniture and equipment items,
setting up of computer system, installation of security facilities for administering
the Services for Contractor not operating the current contract (i.e. Contract
References: SWD/C127/2016, SWD/C128/2016 and SWD/C129/2016);
(m) a system for open and fair procedures for procurement of goods and services,
inventory control and handling of receipts and payment; and
(n) a system for open and fair procedures for staff recruitment procedures.
__________________________________________________________________________________________
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Conditions of Contract
4.2
The Contractor shall, upon receiving referrals from SWD, arrange assessment of the
person(s) comprised in such referrals in accordance with the provisions of this clause
– (a) Service Users should satisfy all the conditions set out below
–
(i)
the person is a Non-refoulement Claimant, or a Mandated Refugee,
including the one whose non-refoulement claim has been finally determined
but is remaining in Hong Kong pending deportation / removal; and
(ii) the person has proved to the satisfaction of the Contractor that he has been
deprived of his basic needs.
(b) The Contractor shall provide Services to Service Users who are within its own
boundary as stipulated in
Annex 1 to the Service Specifications as referred from
SWD and other Contractors.
(c) Without prejudice to Clause 4.2(b) herein, apart from those Service Users within
its service boundary, the Contractor is also required to serve Service Users outside
its service boundary as stipulated in
Annex 1 to the Service Specifications, if
considered necessary by the Government. If such situation arises, the Contractor
will be informed by the Government by a written notice.
(d) The Contractor shall assess the nature and extent of the Services that should be
provided to a Service User (including the level and type of assistance that should
be provided to a Service User).
(e) The Contractor shall conduct and complete an assessment for both new referrals
and re-activated cases on whether a person is qualified as a Service User and, if
the person is so qualified, the nature and extent of the Services that should be
provided to that person within seven (7) Working Days upon its receipt of a
referral from SWD provided that the Contractor shall give special priority to very
urgent, vulnerable and needy cases as requested by appropriate authority and
complete the assessment promptly and in any event no later than three (3)
Working Days after its receipt of the request or the referral.
(f) The Contractor shall critically review the situation of each Service User at least
once every month and re-assess his eligibility for the Services including checking
the recognizance issued by the Immigration Department or other verifying
document showing the non-refoulement claims record of the Service User before
delivery of the assistance of the next review period.
4.3
The Contractor shall immediately cease to provide the Services to a Service User if
any of the following occurs
–
(a) notification by the Service User that the Services are no longer required;
(b) the Service User has been transferred to another Contractor and is found to have
received the Services from another Contractor;
(c) notification from the Government Representative that the Services to the Service
User are to be ceased;
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Conditions of Contract
(d) the Service User is assessed by the Contractor to be no longer eligible for or in
need of the Services;
(e) the Service User has obtained similar services to the Services from other sources;
(f) the Service User leaves Hong Kong;
(g) the Service User passed away; or
(h) subject to the Contractor having obtained the Government’s prior written consent,
other reasons as the Contractor deems just.
4.4
The Contractor shall commence to provide the Services on the Contract
Commencement Date.
4.5
The Contractor shall keep complete, accurate and up-to-date records of the profile of
each Service User.
4.6
The Contractor shall submit to the Government Representative a service statistics
report on a monthly basis, by every 10th day of each month, to provide information as
listed out in Annex 3 to the Service Specifications.
4.7
The Contractor shall comply with the Personal Data (Privacy) Ordinance (Cap. 486) in
handling the personal data of the Service Users.
4.8
(a)
The Contractor shall throughout the Contract Term employ and maintain
–
(i) a Service Director in compliance of Schedule 1 to the Conditions of
Contract;
(ii) a Registered Social Worker to be the contact person with the
Government where the Government may have enquiries in the aspects
of case work assessment for Service Users and discretions made by the
frontline Professional Workers; and
(iii) a team of Professional Workers, who also have Relevant Experience, in
compliance of the Professional Worker-to-Service User ratio as
specified in Schedule 1 to the Conditions of Contract.
(b)
The Government reserves the right to require replacement of the Service
Director. The Contractor shall obtain the Government Representative’s prior
written approval for any addition to or change or replacement of the Service
Director.
(c)
In the event of the death, incapacity or termination of employment of the
Service Director before the end of Contract Term, the Contractor shall at its
own expense and as soon as reasonably practicable arrange to substitute or
replace the individual concerned. The Contractor shall ensure and warrant
that the substitute or replacement is no less qualified in terms of relevant
experience and qualifications than the outgoing individual and is available at
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the relevant time to act as such replacement or substitute. The Contractor
shall without delay forward the curriculum vitae of the proposed substitute or
replacement to the Government and shall warrant that it is substantially
complete and accurate in all material respects. The deployment of such
substitute or replacement shall be subject to the Government’s written consent.
(d)
The appointment or replacement of Service Director shall not relieve the
Contractor from any liability or obligation under this Contract and the
Contractor shall be responsible for the acts, omissions, defaults and neglects of
his Contractor’s employee as fully as they were the acts, omission, defaults or
neglects of the Contractor.
(e)
The Contractor shall solely be responsible for all direct, indirect and
consequential costs or losses that may arise from the substitution or
replacement of the Service Director.
(f)
The Contractor warrants that the Services shall be provided in a professional
manner and that the Contractor, the Service Director and any other persons
employed or engaged by it and any sub-contractor of the Contractor or person
concerned with the same shall use all necessary skill, care and diligence in the
discharge of the duties.
4.9
The Contractor shall ensure that there are no fraudulent uses of the Services by the
Service Users. The Government shall not make any compensation for any situations
arising from the fraudulent uses of the Services by the Service Users.
5.
Total Administrative Cost and Payment Schedule
5.1 The Administrative Cost shall be inclusive of all fees, costs, charges and
disbursements incurred by the Contractor in the performance of the administering and
delivering the Services, including the cost of staffing, material, delivery (including
transportation and travelling), overheads (including the cost of effecting insurance,
contribution to the Mandatory Provident Fund), administration, management, rent, and
rates and costs for implementing any transitional arrangements.
5.2
The Contractor shall not charge or require any Service User to pay any fee, cost or
charges for providing the Services to the Service User.
5.3
For the avoidance of doubt, the Contractor shall not be entitled to any payment from
the Government for any deficits incurred in providing the Services.
5.4
Subject to the other provisions of this Contract and to the Contractor’s due and proper
performance of administering and delivering the Services in accordance with the terms
and conditions of the Contract and to the satisfaction of the Government, the
Government shall pay the Contractor the total Administrative Cost in accordance with
the following payment schedule:
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Conditions of Contract
5.4.1
Payment for One-off Set-up Cost
A lump sum set-up cost at a maximum amount of HK$1.5 million shall be paid by the
Government to the Contractor not operating the current contract (i.e. Contract
References: SWD/C127/2016, SWD/C128/2016 and SWD/C129/2016) within 90 days
from date of acceptance of service or after the Government Representative’s approval
of the proposals submitted by the Contractor under Clause 4.1 (l) above, whichever is
the later.
5.4.2
Payment for Monthly Administrative Cost
(a)
First Payment
The first monthly payment of the Administrative Cost shall be paid
provisionally by the Government to the Contractor after the Government
Representative’s approval of the proposals submitted by the Contractor under
Clause 4.1 above; the amount of provisional payment will be equal to the
number of Service Users to be taken over by the Contractor as determined by
the Government times the Monthly Unit Rate of the respective ranges of
number of Service Users or the Minimum Total Monthly Charge, whichever is
the higher as stipulated in Schedule 2 – Price Schedule under the Conditions
of Contract. In the event of any deviation from the actual number of Service
Users served in the first month and such number determined by the
Government in 5.4.2(a) herein, any shortfall or excess in payment will be
adjusted and paid (payment adjustment) together with the fourth monthly
provisional payment of Administrative Cost upon receipt of the actual number
of Service Users served as at the last day of the first month submitted on or
before the 5th day of the month following the first month.
(b)
Second Payment
The second monthly payment of the Administrative Cost shall be paid
provisionally by the Government to the Contractor on the Contract
Commencement Date at the same amount of the first provisional payment
under Clause 5.4.2(a) above. Payment adjustment based on the actual
number of Service Users served in the month will be made on the date of the
fifth monthly payment.
(c)
Third Payment
The third monthly payment of the Administrative Cost shall be paid
provisionally by the Government to the Contractor not later than the 1st day of
the following month starting from the Contract Commencement Date at the
same amount of the first provisional payment under Clause 5.4.2(a) above.
The payment shall be deferred to the next Working Day if the payment date is
the 1st day of the month and falls on weekends or public holidays. Payment
adjustment based on the actual number of Service Users served in the month
will be made on the same date of the sixth monthly provisional payment.
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Conditions of Contract
(d)
Fourth Payment
The fourth monthly payment of the Administrative Cost shall be paid
provisionally by the Government to the Contractor not later than the 1st day of
the following month from the third monthly payment; the amount of the
provisional payment will be equal to the actual number of Service Users
served as at the last day in the first month times the Monthly Unit Rate of the
respective ranges of number of Service Users or the Minimum Total Monthly
Charge, whichever is the higher. The payment shall be deferred to the next
Working Day if the payment date is the 1st day of the month and falls on
weekends or public holidays. Payment adjustment based on the actual
number of Service Users served in the month will be made on the same date
of the seventh monthly payment.
(e)
Fifth to Twenty-third Payment
The fifth monthly payment of the Administrative Cost shall be paid
provisionally by the Government to the Contractor not later than the 1st day of
the following month from the fourth monthly payment; the amount of the
provisional payment will be equal to the available latest actual number of
Service Users served in the month times the Monthly Unit Rate of the
respective ranges of number of Service Users or the Minimum Total Monthly
Charge, whichever is the higher. The payment shall be deferred to the next
Working Day if the payment date is the 1st day of the month and falls on
weekends or public holidays. Payment adjustment based on the actual
number of Service Users served in the month will be made upon receipt of the
information from the Contractor. In the like manner, the provisional
payment and/or only the subsequent payment adjustment for the sixth to
twenty-third month will be made not later than the 1st day of the respective
months.
(f)
Twenty-fourth Payment
Payment for the last month will be arranged after submission of the Monthly
Service Report of the last month. The amount of Administrative Cost will be
calculated and paid, basing on the actual number of Service Users served
times the Monthly Unit Rate of the respective ranges of number of Service
Users or the Minimum Total Monthly Charge, whichever is the higher as
checked correct by the Government in the manner as stipulated in the
Schedule 2 - Price Schedule under Conditions of Contract and on any
adjustment for the whole contract period.
For the arrangement of payment adjustment for the first to twenty-third monthly
payment to be made to the Contractor, the Contractor shall submit to the Government
supporting documents on the number of Service Users served in the month signed by
the chief executive or directors of the Contractor
with a list of the Service Users.
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Conditions of Contract
6.
Financial Records
6.1
The Contractor shall, in relation to the Services, maintain an effective and sound
financial management system, including budget planning, financial projection,
accounting, internal control and auditing. The Contractor shall maintain separate
books and records including income and expenditure relating to the performance of
the Services and shall make the same available for the Government Representative's
inspection at all times.
6.2
The Contractor shall open a separate designated bank account solely for all the
receipts and payments in relation to the Services. The Contractor shall maintain a
separate record of account for the receipts and payments in relation to the Services
delivered to the Service Users as stipulated under Clause 5 and 6 of the Service
Specifications.
6.3
Throughout the Contract Term, the Contractor shall, in accordance with Clauses 6.4 to
6.7 herein, submit to the Government Representative half-yearly statements and, in
accordance with Clauses 6.8 to 6.10 herein, audited financial statements in relation to
the Services. Each half-yearly statement shall be duly reviewed by and each set of
financial statements shall be audited by an external auditor as required in Clauses 6.6
and 6.8 herein. The auditor must be a Hong Kong Certified Public Accountant
(Practising) registered under the Professional Accountants Ordinance (Cap. 50) at the
Contractor’s own cost.
6.4
Each half-yearly statement shall show and certify the actual number of Service Users
served as at the last day of the respective months as defined in Clause 5.4.2 of
Conditions of Contract, the amount of assistance received for every category of
Services delivered to the Service Users as stipulated under Clause 5 and 6 of the
Service Specifications, the amount of Extra Assistance granted and approved in the
manner as stipulated in Clause 5.6 and 5.7 of the Service Specifications as against
each and every Expenditure Reports, Half-monthly Expenditure Report, Service
Statistics Reports and Rental Deposit Report submitted by the Contractor to the
Government as stipulated in Annexes 2, 3 and 4 of the Service Specifications during
the 6-month period.
6.5
The half-yearly statements shall be prepared in respect of every 6-month period
beginning from the Contract Commencement Date except that
–
for the final set of the statements shall cover the period up to the expiry date or
sooner termination of the Contract if the reporting period is of 3 months or above.
In the event that the reporting period is less than 3 months, it shall be aggregated
to the reporting period of the preceding statement.
6.6
The half-yearly statement shall be prepared by the Contractor in accordance with the
format required by the Government and certified true and correct by two authorised
persons of the Contractor. The Contractor must commission an independent review
of each half-yearly statement by an external auditor. The Contractor should agree
with the auditor the terms of the audit engagement and the agreed terms shall be
recorded in an engagement letter. The engagement shall be a reasonable assurance
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engagement and the auditor’s conclusion on each half-yearly statement shall be
expressed in the positive form. The auditor shall, among other things, express and
opine on (a) whether the half-yearly statement has been properly prepared from the
records and books of accounts of the Contractor and in accordance with the
requirements of this Contract in all material respects; (b) whether the actual number of
Service Users served as at the last day, as defined in Clause 5.4.2 of the Conditions of
Contract, of the respective months agreed with records of the Contractor; and (c)
whether the amount of assistance received for every category of Services delivered to
the Service Users as stipulated under Clauses 5 and 6 of the Service Specifications, the
amount of Extra Assistance granted and approved in the manner as stipulated in
Clause 5.6 and 5.7 of the Service Specifications agreed with each and every
Expenditure Reports, Half-monthly Expenditure Report, Service Statistics Reports and
Rental Deposit Report submitted by the Contractor to the Government as stipulated in
Annex 2, Annex 3 and Annex 4 of Service Specifications during the reporting period.
6.7
Each half-yearly statement shall be submitted to the Government Representative
within two (2) months after the end of every 6-month period starting from the Contract
Commencement Date, or two (2) months after the expiry or sooner termination of the
Contract as appropriate.
6.8
Each set of financial statements shall be prepared in accordance with the relevant laws
of Hong Kong and the international accounting standards as in effect from time to time
and consistently applied in Hong Kong (including the Accounting Standards and
Accounting Guidelines as the Hong Kong Institute of Certified Public Accountants
may issue and update from time to time) and duly audited, dated and signed by a Hong
Kong Certified Public Accountant (Practising) as specified above.
6.9
Each set of audited financial statements shall show separately the aggregate amount of
the payments received from the Government, and a breakdown of the expenditure
incurred for performing the Services during the period to which they relate. The
same shall be prepared in respect of every 12-month period beginning from 1 April
and ending on the 31 March of the following year for periods covered under the
Contract Term except that
–
(a)
for the first set of audited financial statements, the period covered shall be from
the first payment date made by the Government or the Contract Commencement
Date (whichever is the earlier) to the upcoming 31 March of the year or 31
March of the following year if the period covered is less than 6 months; and
(b)
for the final set of audited financial statements, the period covered shall be from
1 April of the year prior to the Contract expiry or 1 April of the year of Contract
expiry up to the expiry date of the Contract of the same year if the period
covered is more than 6 months.
6.10
Each set of audited financial statements shall be submitted to the Government
Representative within four (4) months after the closing of the respective Financial
Years or periods, i.e. on or before 31 July of each year, or within four (4) months after
the expiry or sooner termination of the Contract as appropriate.
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7.
Employees
7.1
The Contractor must not employ any illegal workers in contravention of the
Immigration Ordinance (Cap. 115), or in contravention of any other Ordinances,
regulations or by-laws for the time being in force, or allow any such person to carry
out any work under this Contract. In the event of any breach of this Clause, the
Government Representative may, on behalf of the Government, by notice in writing to
the Contractor, terminate the Contract and the Contractor is not entitled to claim any
compensation.
7.2
The Contractor must comply with all laws and regulations relevant to the employment
of staff and safety at work.
7.3
The Contractor must ensure all of its sub-contractors and / or agents comply with this
Clause 7 at all times when carrying out duties assigned under the Contract by ensuring
that the provisions are incorporated into the relevant subcontracts or agency
agreements.
7.4
The Contractor shall be liable for all expenses necessarily incurred by the Government
as a result of the termination of the Contract.
8.
Government Property
Where the Contractor is given possession or control of any property by the
Government for the purpose of the Contract (the “Relevant Property”), the Contractor
shall be responsible for the due return of all Relevant Property. Should any Relevant
Property be lost or damaged while in the possession or control of the Contractor or any
of its employees, agents or sub-contractors, the Contractor shall pay the Government
the total original cost of that Relevant Property plus 20% of such original cost. A
count of the Relevant Property in the possession or control of the Contractor may be
made at any time by the Government Representative and the Contractor shall grant the
Government Representative access to the Relevant Property and render all such
assistance as is necessary for this purpose.
9.
Government Premises / Contractor’s Premises
9.1
The Contractor shall ensure that all persons engaged or employed by it in carrying out
the Services keep to such parts of the premises of the Government as are necessary
for the due discharge of the Contractor’s obligations under the Contract.
9.2
Where the Services are carried out at the Contractor’s premises, such premises shall be
open to inspection by the Government Representative at all reasonable time.
10.
Independent Contractors
10.1
The Contractor enters into the Contract with the Government as an independent
contractor only and shall not represent itself, and shall ensure none of its employees,
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agents, consultants, and sub-contractors will represent himself, as an employee,
servant, agent or partner of the Government. Neither the Contractor nor any of its
employees, servants, agents, consultants and sub-contractors shall have power to bind
the Government to any obligation whatsoever.
10.2
Nothing herein shall create or be deemed to create a partnership between the parties
hereto.
11.
Insurance
11.1
The Contractor shall effect and maintain at all times while the Contract remains valid
a policy of insurance against all claims, demands and liabilities under this Contract
with an insurance company approved by the Government (which approval shall not be
unreasonably withheld) and shall when required by the Government Representative,
deposit with the Government Representative for safe keeping during the Contract
Term such policy of insurance together with the receipt of payment of the current
premium.
11.2
The insurance policy on public liability referred to in Clause 11.1 must be for the
benefit and in the joint names of the Contractor and the Government, and contain a
cross liability clause indemnifying the Contractor and the Government against legal
liabilities arising out of or in consequence of the performance of the Services. The
insurance policy mentioned in Clause 11.1 must contain a clause whereby the insurer
shall irrevocably and unconditionally waive any right of subrogation or any other right
or claim against the Government.
11.3
Under no circumstances whatsoever shall the Government be responsible for the
premium payable under the insurance policy on liability referred to in Clause 11.1 or
the premium payable for the renewal thereof.
12. Liability for Damages and Indemnities and Compensation
12.1 The Government and its employees and agents shall not be under any liability
whatsoever for or in respect of
–
(a)
any loss of or damage to any of the Contractor’s property or that of its
sub-contractors or of the employees, officers or agents of any of them
howsoever caused (whether by any negligence of the Government or any of its
employees or agents or otherwise); and
(b)
any injury to or death of any of the employees, officers or agents of the
Contractor or its sub-contractors except any such injury or death caused by the
negligence of the Government or any of its employees or agents.
12.2 The Contractor shall indemnify the Government and its employees and agents against
any claim or demand made against or liability incurred (including all costs, charges or
expenses whatsoever) by the Government or any of its employees or agents in respect
of –
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(a) any loss, damage, injury or death referred to in Clause 12.1 (save and except
injury or death caused by the negligence of the Government or any of its
employees or agents); and
(b) any loss of or damage sustained by or any injury to or death of any third party
in consequence of any negligence of the Contractor or its sub-contractors or the
employees, officers or agents of any of them.
12.3
The Contractor shall indemnify the Government against any and all loss of or damage
to any property of the Government or any of its employees or agents or any and all
injury to any employee or agent of the Government arising out of the negligence of
the Contractor or its sub-contractors or the employees, officers or agents of any of
them.
12.4
Without prejudice to Clauses 12.2 to 12.3, the Contractor shall indemnify the
Government and keep the Government fully and effectively indemnified against all
claims, damages, costs, losses or expenses in respect of personal injury, death, losses
or damages arising out of or in relation to or resulting from the performance or
attempted performance of this Contract to the extent that the same are or have been
caused by any act, omission, neglect, recklessness, willful default or misconduct,
breach of statutory duty or breach of this Contract by the Contractor or its
sub-contractors, or the employees, officers or agents of any of them.
12.5
The indemnities, payment and compensation given in pursuance of this Contract by
the Contractor shall not be affected or reduced by reason of any failure or omission of
the Government in enforcing any of the terms and conditions of this Contract, or in
supervising or controlling the Contractor's operation or method of working, or in
detecting or preventing or remedying any defective work carried out by the Contractor
or its sub-contractors, or the employees, officers or agents of any of them.
13.
Reports, Records and Investigations
13.1
The Contractor shall maintain a proper and adequate reporting, recording, and
investigation system.
13.2
In the event that any of the Contractor’s employees or agents suffers any injury or
death in the course of performing the Services or arising out of the Contract, whether
there be a claim for compensation or not, the Contractor shall within seven (7)
Working Days give notice in writing of such injury or death to the Government
Representative.
13.3
The Government Representative shall be entitled to carry out his own investigation
into any accident or circumstance of which it becomes aware and the Contractor shall
co-operate and assist in such investigation including without limitation providing the
Government Representative with access to all relevant information and persons
involved.
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Conditions of Contract
14.
Audit
The Contractor shall keep and maintain until six (6) years after the expiry of the
Contract, or such longer period as may be agreed by the parties, full and accurate
records of the Contract including the Services provided under it, all expenditure
reimbursed by the Government, and all payments made by the Government. If
requested by the Government, the Contractor shall afford the Government or its
representative access to the records as may be requested by the Government.
15.
Corrupt Gifts
15.1
The Contractor shall notify in writing all its employees, consultants, sub-contractors,
or agents involved in providing the Services that they are not permitted to solicit or
accept any advantages as defined in the Prevention of Bribery Ordinance, (Cap. 201)
in relation to performing any act or duties in connection with the Services.
15.2
If the Contractor or any employee, agent or sub-contractor of the Contractor commits
an offence under the Prevention of Bribery Ordinance (Cap. 201) or under any law of
a similar nature in relation to the Contract or any other Contracts made between the
Contractor and the Government, the Government Representative may, on behalf of the
Government, terminate the Contract forthwith, without entitling the Contractor to any
compensation therefor.
15.3
The Contractor shall be liable for all expenses necessarily incurred by the Government
as the result of the termination of the Contract under Clause 15.
16.
Probity Clause
16.1
The Contractor and its staff are prohibited from soliciting or accepting or offering
advantage and the Contractor shall devise a system for its directors, staff, agents,
sub-contractors, throughout the Contract Term, to declare all conflicts of interest in
relation to the Contract, such as on procurement of goods and services, recruitment of
staff, and processing of the Service Users’ applications for the Services.
16.2
The Contractor shall draw up a code of conduct to commit its directors and staff to a
high integrity standard. This code of conduct should cover acceptance or offering of
advantages and entertainment; and conflict of interest.
17.
Confidentiality and Consent to Disclosure
17.1 The Contractor shall not disclose any information, report, document, plan, record, data,
database, code or particulars (or any part thereof) furnished by or on behalf of the
Government or by any other person to the Contractor or any of its employees, agents,
consultants and sub-contractors (collectively “Contractor Personnel”) or otherwise is
accessible by or available to the Contractor or any of the Contractor Personnel in the
course of performing the Services whether belonging to the Government or to a
Service User or a third party (collectively “confidential information”), provided that
the restrictions on disclosure contained in this Clause 17.1 shall not apply
–
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Conditions of Contract
(a)
to the disclosure of any confidential information to any person employed, used
or engaged by the Contractor in the conduct of the Services in circumstances
where such disclosure is necessary in the reasonable opinion of the Contractor
for the performance of the Contractor’s duties and obligations under this
Contract, provided that the Contractor has imposed on the said person
employed, used or engaged an absolute and legally binding obligation to the
Contractor to refrain from disclosing the said information;
(b)
to the disclosure of any confidential information already known to the recipient
other than as a result of disclosure by the Contractor or any of the Contractor
Personnel;
(c)
to the disclosure of any confidential information which is or becomes public
knowledge other than as a result of disclosure by the Contractor or any of the
Contractor Personnel;
(d)
to the disclosure of any confidential information in circumstances where such
disclosure is required pursuant to any laws of Hong Kong or an order of a
court of Hong Kong; or
(e)
to the disclosure of any confidential information with the consent of the
Government.
Any disclosure permitted under Clause 17.1 must be in strict confidence and shall
extend only so far as may be necessary for the purposes specified in Clause 17.1 and
the Contractor must ensure the confidentiality of any such disclosure by taking
appropriate action to restrain or restrict any further disclosure.
17.2
The Contractor shall not, and shall procure and ensure each of the Contractor
Personnel
not to, make use of or reproduce any confidential information other than in
the performance of the Contractor’s obligations under this Contract or with the
consent of the Government.
17.3
The Contractor shall inform every person to whom any confidential information is
disclosed pursuant to Clause 17.1 the restrictions on reproduction and disclosure
attaching to such information and the Contractor shall require such a person to notify
every other person to whom it makes any such disclosure of such restrictions.
17.4
If and when requested by the Government, the Contractor shall forthwith require the
Contractor Personnel (as the Government may stipulate) and such other persons to
whom disclosure is made pursuant to Clause 17 to execute a written undertaking in
favour of the Contractor and the Government in a form to be determined by the
Government agreeing to the restrictions attached to the confidential information set
out in this Clause 17 and the Contractor agrees to provide certified true copies of any
such undertakings to the Government upon demand. The Contractor further agrees
that, if so required by the Government, it will, at its cost, take such actions and steps
as are lawful and necessary to enforce such undertaking in the event of any breach
thereof by any person who has executed such undertaking.
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17.5
The Contractor shall establish and maintain such security measures and procedures
necessary for the safe custody of the confidential information in the Contractor’s
possession or under its control and to prevent unauthorised access thereto or use
thereof.
17.6
The Contractor shall not, and shall ensure that the Contractor Personnel will not, save
to the extent necessary for performing the Services, peruse, retain possession or
control of, or duplicate, any confidential information or any copy thereof (in
whatsoever media or format).
17.7
The provisions of this Clause shall survive the expiry or sooner termination of this
Contract.
18.
Publicity
The Contractor shall submit to the Government Representative all advertising or other
publicity material relating to the Contract or the products supplied or other work done
in connection with the Contract wherein the Government’s name is mentioned or
language is used from which a connection with the Government can reasonably be
inferred or implied. The Contractor shall not publish or use any such advertising or
other publicity material without the prior written consent of the Government
Representative.
19.
Government Directions and Monitoring
19.1
The Contractor shall at all time during the Contract Term co-operate with and render
all necessary assistance to the Government Representative (including providing all
information relating to this Contract to the Government Representative) and grant the
Government Representative access to its premises for the purpose of conducting any
service inspection or performance evaluation.
19.2
The Contractor shall co-operate in the performance evaluation conducted by the
Government at the end of the Contract Term.
20.
Instructions and Warranties
20.1
The Contractor shall act in accordance with all reasonable directions and / or
instructions given by the Government Representative from time to time in relation to
the Services.
20.2
The Contractor shall attend all meetings convened by the Government Representative
to which it may be summoned and shall advise and assist the Government on all
matters relating to the performance of its obligations under this Contract at no extra
cost.
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20.3
The Contractor warrants and undertakes to the Government that –
(a)
the Services shall be performed and completed in an impartial, timely and
diligent manner and that the Contractor and every person employed, used or
engaged by the Contractor shall use all the experience, skills, care and diligence
in the performance of the Services and the discharge of all its duties and
obligations under this Contract;
(b)
the Contractor has the necessary skills and experience to provide the Services
hereunder; and
(c)
the Contractor shall devote to its obligations hereunder such of its time, attention
and skill as may be necessary for the proper performance of those obligations.
21.
Contract Deposit
21.1
As security for the due and faithful performance by the Contractor of this Contract, the
Contractor shall have before the Contract Commencement Date deposited with the
Government the Contract Deposit by way of a Bank Guarantee in accordance with
Clause 15 of the Terms of Tender.
21.2
The Contract Deposit paid by way of a Bank Guarantee must be issued in the form and
on the terms set out in
Appendix 6 to the Terms of Tender. The Bank Guarantee
must also be issued by a bank that holds a valid banking licence granted under the
Banking Ordinance (Cap. 155). The Bank Guarantee must remain in force from the
Contract Commencement Date until the later of –
(a)
twelve months after the expiry of the Contract (including all extensions thereof);
and
(b)
the date on which all of the Contractor’s obligations have been carried out,
completed and discharged to the satisfaction of the Government and in
accordance with the Contract.
21.3
If the Contractor fails to pay or reinstate the Contract Deposit in accordance with this
Clause 21, without prejudice to any other rights or remedies which the Government
has or may have against the Contractor, the Government may forthwith terminate the
Contract by written notice to the Contractor. This shall not prejudice any rights or
claims that the Government may have against the Contractor as a result of the
Contractor’s failure to pay the Contract Deposit.
21.4
It shall be a condition precedent to the payment by the Government of any sum to the
Contractor that the Contractor duly pays to the Government the Contract Deposit in
accordance with this Clause.
21.5
Without prejudice to any rights and remedies of the Government (including the
Government’s right to terminate the Contract), if the Contractor fails to observe any
provision of the Contract, the Government may deduct from the Contract Deposit (or
call on the Bank Guarantee) the amount of any and all costs, losses, damages and / or
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Conditions of Contract
expenses suffered or incurred by the Government arising from or relating to (whether
directly or indirectly) a breach of the Contract by the Contractor, and any sums that
are due to the Government under the Contract whether or not demand has been made.
If the Contract Deposit is insufficient to cover such costs, losses, damages and / or
expenses, the Government may recover the shortfall from the Contractor.
21.6
If the Government deducts any sum from the Contract Deposit, for the purpose of
reinstating the Contract Deposit to the amount required under the Contract, the
Contractor shall deliver to the Government within twenty-one (21) days from the date
of demand made by the Government –
(a) a further Bank Guarantee in an amount equals to the amount deducted. Such
Bank Guarantee shall be issued in the form and on the terms of the Bank
Guarantee set out in
Appendix 6 to the Terms of Tender and by a bank that
holds a valid banking licence granted under the Banking Ordinance (Cap. 155);
or
(b) a fresh Bank Guarantee in the same form and on the same terms for the amount
required under the Contract. Such Bank Guarantee shall be issued by a bank
that holds a valid banking licence granted under the Banking Ordinance (Cap.
155).
21.7
Upon the expiry or sooner determination of the Contract, the Bank Guarantee shall be
discharged and released in accordance with its terms.
22.
Set Off
Where the Contractor has incurred any liability to the Government, whether at law or
in equity, and whether such liability is liquidated or unliquidated, the Government may
set off, whether at law or in equity, the amount of such liquidated liability and a
reasonable estimate of the amount of any unliquidated liability, against any sum then
due or which at any time thereafter may become due from the Government to the
Contractor under this Contract or any other Contract made between the Government
and the Contractor.
23.
Termination of Contract
23.1
The Government may at any time at its option on giving the Contractor three months’
prior written notice to terminate the Contract. During the three-month notice period,
both parties shall co-operate to ensure that the interests and needs of the Service Users
are met under the arrangements specified by the Government Representative. Any
termination hereunder shall be without prejudice to any antecedent’s rights or
obligations under the Contract of either party.
23.2
The Government may terminate this Contract forthwith upon giving written notice to
the Contractor if –
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Conditions of Contract
(a)
the Contractor is in breach of any term of this Contract which –
(i)
in the case of a breach of a term capable of being remedied, is not
remedied by the Contractor within seven (7) days of receipt of a notice
to remedy from the Government; or
(ii)
is fundamental to this Contract; or
(b)
the Contractor stops payment to creditors generally or is unable to pay its
respective debts within the meaning of any applicable legislation relating to
insolvency, bankruptcy, liquidation or winding up, or ceases or threatens to
cease to carry on its business (except for the purposes of amalgamation,
merger or reconstruction).
24.
Refund of Administrative Cost and Payment for Services Delivered to the Service
Users and Termination Consequences
24.1
Refund of Administrative Cost
In the event of there is any deviation from the actual number of Service Users served
in the whole Contract Term and the payment made, adjustments will be paid to or
recovered from the Contractor within six (6) months after the expiry or sooner
termination of the Contract.
24.2
Refund of Payment for Services Delivered to the Service Users
Upon the expiry or sooner termination of the Contract, in the event that the Contractor
has not delivered the Services to the Service Users as specified in Clause 5 of the
Service Specifications with unspent sum that has been paid provisionally by the
Government to the Contractor, the Contractor shall, if and when required by the
Government, within six (6) months after the expiry or the sooner termination of the
Contract, refund to the Government with figures supported by financial statements
audited under Clause 6 herein, subject to deduction of reasonable costs and expenses
of the Contractor as may be agreed by the Government –
This Clause shall survive the expiry or sooner termination of the Contract.
24.3 On the expiry of or earlier termination of the Contract –
(a)
all rights and obligations of the parties under this Contract shall automatically
terminate except for such rights of action as shall have accrued prior thereto
and any obligations which expressly or by implication are intended to come
into or continue to be in force on or after such expiration or termination;
(b)
the Contractor shall forthwith deliver to the Government all information,
records and documents relating to the provision of the Services and / or Service
Users;
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Conditions of Contract
(c) the Contractor shall cooperate fully with any person nominated by the
Government and provide such person with all necessary access, information,
and document to enable a smooth transfer of the Services to that person and
continuous provision of the Services to the Service Users;
(d)
the Contractor be liable for all losses, damage, liabilities, cost and expenses
suffered or incurred by the Government in, arising from or as a result of the
termination pursuant to Clause 23.2; and
(e)
the Government will not be responsible for any loss, liability, damage, costs and
expenses suffered or incurred by the Contractor due to the termination
(including any termination pursuant to Clause 23.1).
25.
Assignment and Subcontract
25.1
The Contractor shall not, without the prior written consent of the Government,
sub-contract, assign, transfer or otherwise dispose of the Contract or any part, share or
interest therein. Unless with the prior written consent of the Government, the
Contractor shall perform the Contract personally.
25.2
Notwithstanding the engagement of any sub-contractor, the Contractor shall remain
solely liable to the Government for the performance of the Contractor’s obligations
under the Contract.
26.
Notices
26.1
Each notice, demand or other communication given or made under this Contract shall
be in writing and delivered or sent to the relevant party at its address or facsimile
number set out below (or such other address or facsimile number as the addressee has
by five (5) days’ prior written notice specified to the other party)
–
To the Government : Director of Social Welfare
Social Welfare Department
Address : Room 721, 7/F, Wu Chung House
213, Queen’s Road East, Wan Chai, Hong Kong
Attention : Chief Social Work Officer
(Family and Child Welfare)1
Facsimile Number : 2833 5840
To the Contractor : _______________________________________
Address : _______________________________________
Attention : _______________________________________
Facsimile Number : _______________________________________
26.2
Such notices shall be deemed to have been properly given hereunder and shall be
effective (i) on the date of delivery if hand-delivered; (ii) on the date of transmission if
sent by facsimile; and (iii) if dispatched by mail (whether registered or not), on the day
on which the same shall have been tendered for delivery by the postal authority in
Hong Kong.
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Conditions of Contract
27.
Waiver
27.1
Time is of the essence of the Contract but no failure or delay by the Government to
exercise or in exercising any right or remedy under the Contract or in law or in equity
shall operate as a waiver of such right or remedy or preclude the exercise of any other
right or remedy; nor shall any single or partial exercise of any such right or remedy
preclude any other or further exercise thereof. Without limiting the foregoing, no
waiver by the Government of any breach by the Contractor of any provision of the
Contract shall be deemed to be a waiver of any subsequent breach of that or any other
provision of the Contract. The rights, powers and remedies of the Government under
the Contract are cumulative and not exclusive of any rights, powers or remedies which
it may have at law.
27.2
Without prejudice to any right of set-off at law, the Government has the right, without
notice to the Contractor or any other person, to set-off all and any sums and liabilities
due and owing by the Contractor to the Government under the Contract against any
amount owing from the Government to the Contractor (including without limitation
any payment instalments).
28.
Amendment
Save as otherwise provided in the Contract, no waiver, addition, alteration or
amendment to any provision of the Contract shall be valid unless made in writing and
signed by both parties.
29.
Severability
Any terms and conditions of the Contract which is declared by any court or tribunal or
competent jurisdiction to be illegal, invalid or unenforceable in any respect under the
applicable law shall be severed from the Contract to the maximum extent permissible
by the applicable law without in any manner affecting the legality, validity or
enforceability of the remaining terms and conditions of the Contract, all of which shall
continue in full force and effect.
30.
Survival of Representations and Warranties
All representations and warranties in this Contract survive the execution and delivery
of this Contract and the completion of transactions contemplated by it.
31.
Costs
Save as otherwise provided for in this Contract, the Contractor shall perform and
discharge all its duties and obligations under this Contract at its own costs and
expenses.
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32.
Saving
Nothing in the Contract shall be taken to restrict, derogate from or otherwise interfere
with any powers, discretions or duties, or the exercise or performance of any powers,
discretions or duties, conferred or imposed by or under any law upon the Government,
any Government bureau or department or any public officer or other person in the
employment of the Government.
33.
Governing Law and Jurisdiction
This Contract shall be governed by and construed in accordance with the laws of Hong
Kong and the parties hereby irrevocably agree to submit to the exclusive jurisdiction
of the courts of Hong Kong in relation to any matters arising out of the Contract.
34.
Exclusion Clause
The parties hereby declare that nothing in this Contract confers or purports to confer
on any third party any benefit or any right to enforce any term of this Contract
pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap. 623).
35.
Gender Mainstreaming Checklist
35.1
The Contractor shall complete and submit to the Government Representative:
(a)
Part I of the “Gender Mainstreaming Checklist” in respect of gender assessment
on the Services design and implementation within two months from the contract
award date (i.e. the date of the Memorandum of Acceptance signed by the
Government Representative and issued to the Contractor); and
(b)
Part II of the “Gender Mainstreaming Checklist” in respect of gender assessment
on the monitoring, evaluation and review of the Services within two months
from the first anniversary of the Contract Commencement Date.
35.2
The Contractor shall submit the completed Checklists (Part I and Part II) to Family
and Child Welfare Branch of SWD, which will forward the completed Checklists to
the Labour and Welfare Bureau. All Checklists (Part I and Part II) can be
downloaded fr
om http://www.lwb.gov.hk/Gender_Mainstreaming/eng/strategy1.html.
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Service Plan
Schedule 1
Service Plan
Note: The Successful Tenderer’s proposed service plan to the Technical Proposal (Part B of
Appendix 1) is to be incorporated into this schedule subject to such modification or
adjustments as may be agreed with the Government.
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Price Schedule
Schedule 2
Price Schedule
Note: The Successful Tenderer’s Price Proposal (Appendix 2) is to be incorporated into this
schedule subject to such modification or adjustments as may be agreed with the Government.
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Service Specifications
Part V – Service Specifications
1.
Objectives
1.1
The objectives of providing the Services is to ensure that the Service User will not,
during his presence in Hong Kong –
(a)
be left to sleep on the street;
(b)
be seriously hungry; or
(c)
be unable to satisfy the most basic requirements of hygiene.
1.2
The different types of assistance provided by the Contractor to the Service Users
should be mainly non-pecuniary to meet the basic needs of living of the Service Users
and to prevent them from falling into the state of destitution during their presence in
Hong Kong. The Services is not intended to provide them with extra assistance than
is necessary to meet their basic needs, so as to avoid any magnet effect which may
have serious implications on the sustainability of the assistance programme and on
immigration control in Hong Kong.
2.
Contract Duration
The Contractor shall provide the Services to the satisfaction of the Government for the
Contract Term as specified in Clause 1.1 of the Conditions of Contract.
3.
Service Delivery Mode
There are three Contracts split into regions according to the location of residence of
Service Users:
Kowloon City and Yau Tsim Mong (Contract A)
Hong Kong, Kowloon and Islands (excluding Kowloon City and Yau Tsim Mong)
(Contract B)
New Territories (Contract C).
4.
Service Users 4.1
The total number of Service Users served at any one time is estimated to be around
10 000
. The estimated number of Service Users to be served by respective
Contractors in the Service Region is as below
–
Service Region
Estimated No. of Service Users
Kowloon City and Yau
around
4 000
Tsim Mong
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Hong Kong, Kowloon
around
3 000
and Islands (excluding
Kowloon City and Yau
Tsim Mong)
New Territories
around
3 000
Total
around
10 000
4.2
The estimated number of Service Users for each Service Region is provided for
reference only. The Government does not warrant, undertake or bind itself to
provide such number of Service Users under the Contract.
4.3
Drawing reference to the number of adult Service Users aged 18 or above and that of
child Service User aged below 18 from June 2017 to May 2018, the proportion of
adult Service Users to child Service Users is estimated to be 91% to 9% .
5.
Scope of the Services
5.1.
Case Assessment and Case Monitoring
5.1.1 The Contractor shall, upon receiving referrals from SWD, arrange assessment of the
person(s) comprised in such referrals in accordance with the provisions of this clause
– (a) Service Users should satisfy all the conditions set out below
–
(i)
the person is a Non-refoulement Claimant, or a Mandated Refugee,
including those whose non-refoulement claim has been finally determined
but is remaining in Hong Kong pending deportation / removal; and
(ii) the person has proved to the satisfaction of the Contractor that he has been
deprived of his basic needs.
(b) The Contractor shall provide Services to Service Users who are within its own
boundary as stipulated in
Annex 1 to the Service Specifications as referred from
SWD and other Contractors.
(c) Without prejudice to Clause 5.1.1(b) herein, apart from those Service Users within
its service boundary, the Contractor is also required to serve Service Users outside
its service boundary as stipulated in
Annex 1 to the Service Specifications, if
considered necessary by the Government. If such situation arises, the Contractor
will be informed by the Government by a written notice.
(d) The Contractor shall assess the nature and extent of the Services that should be
provided to a Service User (including the level and type of assistance that should
be provided to a Service User).
(e) The Contractor shall conduct and complete an assessment on whether a person is
qualified as a Service User and, if the person is so qualified, the nature and extent
of the Services that should be provided to that person within seven (7) Working
Days upon its receipt of a referral from SWD provided that the Contractor shall
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give special priority to very urgent, vulnerable and needy cases as requested by
appropriate authority and complete the assessment promptly and in any event no
later than three (3) Working Days after its receipt of the request or the referral.
(f) The Contractor shall critically and regularly review the situation of each Service
User at an interval not less than one month for re-assessing his eligibility for the
Services including checking the recognizance issued by the Immigration
Department or other verifying document showing the non-refoulement claims
record of the Service User before delivery of the assistance of the next review
period.
(g) The Contractor shall have procedures to re-activate provision of Services for
Service Users whose assistance has been temporarily suspended for reasons such
as detention, hospitalization, etc. within seven (7) Working Days upon its receipt
of all the required supporting documents from Service Users requesting for
re-activating the provision of Services.
5.1.2 The Contractor shall immediately cease to provide the Services to a Service User if
any of the following occurs
–
(a) notification by the Service User that the Services are no longer required;
(b) the Service User has been transferred to another Contractor or is found to have
received the Services from another Contractor;
(c) notification from the Government Representative that the Services to the Service
User are to be ceased;
(d) the Service User is assessed by the Contractor to be no longer eligible for or in
need of the Services;
(e) the Service User has obtained similar services to the Services from other sources;
(f) the Service User leaves Hong Kong;
(g) the Service User passed away; or
(h) subject to the Contractor having obtained the Government’s prior written consent,
other reasons as the Contractor deems just.
5.2
Services Delivered to the Service Users
The Contractor shall provide the
Services to the Service Users in the form of the
following types of assistance –
5.2.1 Accommodation
5.2.1.1 The Contractor shall ensure that Service Users having genuine housing need are
provided with accommodation, identified by the Contractor / Service Users in the
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private sector or provided by the Government (including electricity, water, gas supply
and other basic utilities with the provision of rental deposit and property agent fee, if
applicable). The Contractor shall set up policies on accommodation assistance
including measures to assess the suitability of the accommodation before approving the
rental allowance, which includes but not limiting to the following:
(a)
The rental premises shall be rented out by either owner of the property,
principal tenant or property agent assigned by the owner. The owner of
the property shall be Hong Kong resident. Property owned by those on
working visa like foreign domestic helpers or those on Comprehensive
Social Security Assistance; public housing rental unit which are for local
residents and not for sub-letting; accommodation / hostel / shelter
provided
by
any
non-governmental
organisations
or
religious
organisations will not be considered for accommodation assistance;
(b)
The Service User shall provide document proof of ownership of the
landlord / authorisation of the landlord to principal tenant / property agent
for renting the premises to the Contractor for checking;
(c)
A valid tenancy agreement, which is signed by the Service User with the
landlord / principal tenant / property agent, is required for the application
for rental allowance by the Service User. The rent payment, if approved,
will be paid by the Contractor directly to landlord / principal tenant /
property agent for the approved amount of the accommodation allowance
on monthly basis throughout the valid tenancy period, as well as the
property agent fee and rental deposit if applicable in the manner as
specified in Clause 5.3 herein;
(d)
The Contractor shall monitor the living condition of the Service Users in
the accommodation, such as conducting spot checks and home visits to the
accommodation to ensure the safety and hygiene condition of the
accommodation before approving the accommodation and periodically or
at least once during the tenancy period;
(e)
For those accommodations that are assessed to be below standard, or
where any illegal structures have been identified, the Contractor shall
inform the Service Users and advise them to move to another
accommodation as soon as possible for sake of their safety. For those
premises which warning letters have been issued by Lands Department or
other Government Authorities as illegal structures or illegal for residential
purpose, the Contractor shall stop the rental payment to the landlord in the
coming month.
(f) The Contractor shall list and inform Service Users the circumstances
which the accommodation assistance will be on hold / terminated, such as
the Service Users are found to have fraudulent uses of the accommodation;
sub-let the accommodation for monetary return; not residing in the
accommodation or violation of the accommodation policy as set by the
Contractors.
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(g)
While it is the responsibility of the Service Users to find suitable
accommodation, the Contractor shall provide assistance to those needy
Service Users in identifying suitable accommodation. If the Service
Users reject the reasonable accommodation offers identified by the
Contractor thrice without justifiable reasons, it will be treated as decline of
accommodation assistance.
5.2.1.2 The Contractor shall provide 24 shelter places for Contract A, 18 shelter places for
Contract B and 18 shelter places for Contract C to cater for the special accommodation
needs of a Service User who requires more attention, such as an unaccompanied minor,
child in need of residential placement, a single parent with child(ren), a family with
child(ren), a single female, a victim of gender-based violence, or a Service User with
mental and / or physical illness. The Contractor shall delegate the Service Director to
decide the numbers of places for the respective types of shelter as appropriate and seek
SWD's approval as well as for any variation to the types or numbers of places is
considered necessary by the Service Director2.
5.2.1.3 The Contractor shall only charge accommodation assistance at the actual rent (lower
than or equal to the maximum monetary value) per Service User for its rented shelter
and the total rent settled by the rental allowance of all Service Users residing in each
shelter shall not exceed the actual rent of that rented shelter in each month.
5.2.1.4 The Contractor shall have means to handle suspected cases of fraudulent uses of the
accommodation, rental payment, rental deposit and property agent fee.
5.2.1.5 The Contractor shall have means to handle emergency housing needs of the Service
Users and emergency relocation of Service Users, such as those affected by fire or
natural disasters, demolition of illegal structures.
5.2.2 Food Assistance
5.2.2.1 The Contractor shall distribute to each Service User an Electronic Token for purchase
of food at the designated food outlets of the Food Contractor contracted separately by
the Government. The Electronic Tokens will be delivered to the Contractor by the
Food Contractor as instructed by the Government. For very urgent or needy cases so
referred by SWD even though the Contractor has not completed an assessment
whether a person is qualified as a Service User, the Contractor shall provide them with
basic food in-kind. The Contractor shall devise mechanism to provide food in-kind
for urgent cases and other Service Users with justifiable needs.
5.2.2.2 The Contractor shall be responsible in assessing the Service User’s eligibility for
receiving food assistance and distribute to the eligible Service User an Electronic
Token with a face value and validity period assigned by the Contractor based on the
eligibility assessment. The Contractor shall assist the Government in monitoring
closely the quality of food and services delivered by the Food Contractor in
accordance with the requirements as directed by the Government, including but not
limiting to:
2 For this purpose, the Contractor has to notify SWD the name and qualification of the Service Director and
notify SWD in case of any change of Service Director
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(a)
provide a wide variety of food like dry ration, meat, fish, vegetable,
fruit with due regard to the nutritious, cultural, religious and other
specific needs of each Service User (such as providing halal food, baby
/ children food, and food for persons with ill health);
(b)
distribute Electronic Token that should be non-transferable and
non-cashable and be valid for purchase during the validity period as
specified by the Contractor or the Government;
(c)
ensure the Electronic Token is for purchase of food items only in the
designated food outlets. Cigarettes and alcoholic drinks, all non-food
items (e.g. household products) and medicine are excluded;
(d)
provide not less than 70 food outlets over 18 districts in Hong Kong
with each outlet opens seven (7) days a week and not less than ten (10)
hours a day to enhance the accessibility of food purchase; and
(e)
handle feedback and complaints received from Service Users on food
qualities and customer services of the Food Contractor.
5.2.2.3 The Contractor shall ensure adequate quantities of Electronic Token to be available for
timely distribution to the Service Users. The Contractor shall place order to the Food
Contractor for delivering the Electronic Token no less than five (5) Working Days
from the date of order or the date specified in the order, whichever the earlier. The
Contractor has to confirm a list of unique serial numbers of the Electronic Token from
the Food Contractor one (1) Working Days in advance of each delivery.
5.2.2.4 To avoid any service abuse and to keep track of the Service Users’ integrity in food
purchase, the Contractor shall provide identification information of the Service Users
(e.g. name, personal photo image of Service User and individual service number) for
printing / displaying them in the Electronic Token as authentication. Subject to the
agreement of the Government and the Contractor, the Food Contractor shall, on the
other hand, provide relevant devices and equipment in good order as well as the
related technical support / tangible support at its own cost to facilitate the Contractor
for printing / displaying the identification information of Service Users on the
Electronic Tokens as authentication; and for retrieving information for Service Users’
checking of the updated balance of face value and validity period. The Contractor
shall do all such acts and matters to be properly geared up and prepared for the change
of Food Contractor during the Contract Term with a view to minimizing the disruption
to the Service Users.
5.2.2.5 The Contractor shall be responsible for assigning face value and validity period onto
the Electronic Token for each Service User upon each service review with the
technical device provided by the Food Contractor.
5.2.2.6 To avoid potential abusive use of the Electronic Tokens, the Contractor shall provide
lists of Electronic Tokens and their respective face values having been assigned to the
Food Contractor for cross-checking if and when necessary.
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5.2.2.7 For reasons of the Service Users’ reporting loss / damage of the Electronic Token,
imprisonment, having departed Hong Kong, fraudulent use of the Electronic Token or
no longer eligible for the Services, the Contractor may, from time to time, forfeit the
assigned face value of Electronic Token or the entire Electronic Token. The
Contractor shall have the authority to void any Electronic Token / the face values OR
will send written requests to void the Electronic Token / the face values to the Food
Contractor by email or fax during normal office hours. The Food Contractor, shall
forbid the use of the face values of the specific Electronic Token or the entire
Electronic Token in all its food outlets not later than the following Working Day from
the date of written notification issued by the Contractor.
5.2.2.8 The Contractor shall check and monitor the statistics, records and reports submitted by
the Food Contractor, including checking and certifying correct the valid list of
Electronic Tokens having been distributed to the Service Users for the month with
details in the payment instruction within ten (10) Working Days for SWD to effect
payment to the Food Contractor.
5.2.2.9 The Contractor shall check the food purchase records (such as the face value of
Electronic Token redeemed and types of food bought by the Service User) with the
Food Contractor for investigation or prevention of misuse of Electronic Token.
5.2.2.10 The Contractor shall maintain accurate records of Electronic Token bearing a
unique number allocated to each Service User, face value assigned to the Electronic
Token, total food values redeemed by Service User, and food items with food price
purchased / redeemed by Service User as provided by the Food Contractor.
5.2.2.11 The Contractor shall devise mechanism to ensure proper use of the Electronic
Token for the purchase of food only and devise measures to handle Service User
who is found to have misused the Electronic Token, such as arranging in-kind food
in lieu of Electronic Token or other sanction arrangement as agreed by the
Government. The Contractor shall liaise and collaborate with the Food Contractor
in the prevention and investigation of misuse of Electronic Token.
5.2.2.12 The Contractor shall devise mechanism to ensure the staff’s integrity in the
assignment of face value and validity period onto the Electronic Tokens.
5.2.3 Transportation Allowance
The Contractor shall not provide any type of assistance to a Service User in the form
of payment in cash save that the Contractor shall provide a Service User with petty
cash in advance to meet the transportation expenses incurred by the Service User in
Hong Kong for regular trips travelling by the cheapest means of transportation for
purposes such as appointment with the Immigration Department, duty lawyers, food
purchase, etc., depending on their location of residence and the number of routine
journeys. The Contractor shall verify whether there is a genuine need for such
Service User to incur the transportation expenses before making any payment in cash
to the Service User.
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5.2.4 Clothing and Other Basic Necessities
The Contractor shall network community resources or donation to provide clothing to
needy Service User. Besides, the Contractor shall procure and provide other basic
necessities (such as personal toiletries, personal underwear, household cleansing
articles, women sanitary items and baby / children items, if applicable) to each Service
User with regards to the different needs of males and females, adult and children /
babies.
5.2.5 Counselling and Referral
The Contractor has to provide casework services such as counselling, emotional
support and making referrals to other relevant organisations for provision of Services
to needy cases.
5.3
The assistance is in the form of in-kind except food which is by Electronic Token and
transportation allowance in cash. The level of assistance provided to the individual
Service User varies according to the needs and personal situations of the Service User,
including the availability of his own resources and the resources available to him from
other sources. While the maximum monetary values are set for the following
assistance items, which will be subject to change/adjustment by the government upon
written notification, there is no monetary-equivalent ceiling on how much an
individual Service User assessed by the Contractor in genuine need may receive
–
Item
Amount of Assistance ($)
Accommodation
$ 1,500 per adult Service User
Rent (per month)
$ 750 per child Service User
(pay to the landlord via the Contractor)
Food (per month)
$1,200 per Service User
(electronic token with assigned face value for
food purchase distributed to the Service User
via the Contractor)
Transportation Allowance $200 to $420 per Service User depending on
(per month)
his location of residence and the number of
routine journeys
(pay in cash to the Service User via
Contractor)
Utilities (i.e. water, gas, $300 per Service User
electricity) (per month)
(pay to the landlord or reimburse to Service
User with submitted receipts via Contractor)
Rental Deposit
$3,000 or an amount equivalent to 2 months
(once
throughout
the of rent, whichever is the less
assistance
period,
and (pay to the landlord via the Contractor)
transferable to the next
tenancy agreement)
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Property Agent Fee
$750 or an amount equivalent to the rent for
(normally once throughout half a month, whichever is the less
the assistance period)
(pay to the property agent via the Contractor)
Other Basic Necessities
$70 per Service User
(per month)
(procure and provide in the form of in-kind to
Service User by the Contractor)
5.4
The items in Clause 5.2 are all delivered through the Contractor with the actual
expenditures incurred to be paid by the Government to the Contractor in the manner
as stipulated in Clause 6 in the Service Specifications excluding the expenditure on
Food provided by the Food Contractor by electronic purchase via Electronic Tokens
that will be paid direct by the Government to the Food Contractor.
5.5
The Contractor shall assess the genuine need of Service Users who request
assistance higher than the amount as specified in the above Clause 5.3 (such as
request for higher rental allowance, uplift child’s rental allowance to that of adult,
extra food allowance, additional transportation allowance to cover trips other than
those of regular trips) or outside the scope of Services as laid down in Clause 5.3
(such as fees for birth certificates, essential medical accessories and treatment not
covered under the medical fee waiver of the public hospital / clinic), herein termed
as Extra Assistance. The Contractor shall consider each and every application on
individual case merits, taking note of the following:
(a) request the Service User to provide justification and supporting documents for
consideration;
(b) seek medical recommendation of case medical officer of public clinic / hospital
in the event that the requests are based on medical / health reasons;
(c) assess critically any social or medical grounds as well as personal situations of
the Service User, including the availability of his own resources and the
resources available to him from other sources (e.g. friend’s support, community
resources);
(d) assess whether the request, if turned down, will seriously hamper the well-being
of Service User or endanger his health;
(e) take into account the objectives of the Services in meeting basic needs as
stipulated in Clause 1 herein in approving the Extra Assistance; and as such,
unjustified requests merely basing on personal preferences shall not be granted;
(f) check and confirm with the concerned public clinic / hospital if medical
accessories and treatment is not covered under the medical fee waiver
mechanism, and approve such requests only with medical recommendation from
medical officer of public clinic / hospital that such medical accessories /
treatment are essential to the health or else health will be seriously endangered;
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(g) grant approval for Extra Assistance only for genuine cases whose needs have
been well proven and substantiated with justifiable grounds after prudent
assessment.
5.6
The Contractor shall devise mechanism for assessing and approving the Extra
Assistance, including but not limiting to setting assessment procedures, eligibility
criteria, amount and level of approval authority which shall be by staff of
supervisory grade. The mechanism or any significant changes of the mechanism
has to be put up for approval of SWD before implementation.
5.7
Should the approval / disapproval of the level and type of assistance are beyond the
approval limits of the Contractor in accordance with the mechanism that has been
approved by SWD, the Contractor shall bring up the case to SWD for advice /
directives / endorsement.
5.8
The Contractor shall keep proper records of the approval / disapproval of Extra
Assistance with supporting documents for inspection of SWD, and submit statistics
of Extra Assistance to SWD in the manner as specified in Clause 9 herein.
6.
Reimbursement Payment on Services Delivered to Service Users
6.1
The Contractor shall administer and deliver the Services as specified in Clause 5 of
the Service Specifications with the actual expenditures of the items (excluding the
expenditure on Food that will be provided by the Food Contractor by electronic
purchase via Electronic Tokens delivered by the Food Contractor to the Contractor
for distribution to the eligible Service Users) incurred being reimbursed by the
Government.
6.2
Payment on Accommodation, in-kind Food, Transportation Allowance, Utilities,
Other Basic Necessities and Property Agent Fee (collectively named as Direct
Assistance in the following clauses) shall be made provisionally to the Contractor on
half-monthly basis with payment adjustment made upon receipt of the Half-monthly
Expenditure Report (invoice) enclosing the actual expenditure incurred in the period
concerned. The Half-monthly provisional payment and subsequent payment
adjustment will be made in the following manner:
(a)
The Government shall pay the Contractor seven (7) Working Days before the
Contract Commencement Date on provisional basis the first half-monthly
payment on the Direct Assistance based on the amounts worked out by
multiplying the number of Service Users to be taken over by the Contractor as
determined by the Government by the respective amount of assistance for the
respective items as set out in Clause 5.3. In the event that there is difference
in the provisional payment paid by the Government and the actual expenditure
incurred, payment adjustment shall be made by the Government upon receipt
of the Half-monthly Expenditure Report (invoice) on the period concerned
from the Contractor on the 5th and 20th day of each and every month that are
checked correct by the Government. The first payment adjustment shall be
made on the same date of the fifth half-monthly provisional payment (the date
shall be specified by the Government Representative in the Memorandum of
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Acceptance for the Successful Tenderer once the Contract Commencement
Date is specified).
(b)
The Government shall subsequently pay the Contractor on provisional basis
half-monthly payment not later than the 1st and 16th day of each month starting
from the Contract Commencement Date. The payment shall be deferred to
the next Working Day if the payment date is the 1st and 16th day of that month
and falls on weekends or public holidays.
(c)
Like the first provisional payment, the amount of the subsequent three
provisional payments is based on the amount worked out by multiplying the
number of Service Users to be taken over by the Contractor on the Contract
Commencement Date as determined by the Government by the respective
amounts of assistance for the respective items as set out in Clause 5.3. The
subsequent payment adjustments shall be made on the same date of the sixth
to eighth half-monthly provisional payment (the date shall be specified by the
Government Representative in the Memorandum of Acceptance for the
Successful Tenderer once the Contract Commencement Date is specified).
(d)
From the fifth provisional half-monthly payment made and thereafter, the
amount of payment will be based on the latest available actual expenditures as
submitted by the Contractor in the Half-monthly Expenditure Report (invoice)
on every 5th and 20th day of each month and checked correct by the
Government. Subsequent payment adjustments shall be made upon receipt
of the latest available Half-monthly Expenditure Report (invoice) in the same
manner as set out in Clause 6.2(c).
(e)
Except the first Half-monthly Expenditure Report which covers expenditure
from the Contract Commencement Date, the Half-monthly Expenditure
Report (invoice) submitted on 5th day of each month shall cover the
expenditure incurred from 16th day to end of the preceding month; whereas
20th of the month cover the expenditures incurred from 1st to 15th of the
month. The Half-monthly Expenditure Report (invoice) shall include
information on the number of Service Users served and the expenditures by
each category of Direct Assistance with breakdown on the expenditures of
Extra Assistance approved in accordance with Clause 5.5 of the Service
Specifications. The Contractor shall have a database containing details of
expenditure of each Service User on each category of Direct Assistance,
which shall be available for inspection of the Government as required and at
all times.
(f)
The Contractor has to submit the Service Statistics Report as stipulated in
Clause 9 of the Service Specifications, the half-yearly Auditor’s Certificate on
the number of Service Users served and the expenditures incurred, as well as
annual audited financial reports as stipulated in Clause 6 of the Conditions of
Contract for the inspection / information of the Government.
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6.3
Payment for Rental Deposit
6.3.1
A lump-sum provision of Rental Deposit shall be provided to the Contractor on the
Contract Commencement Date at an amount determined by the Government, which
is designated for assisting the Service Users to pay their rental deposit for once
throughout the assistance period of each Service User and transferable to the next
tenancy agreement. The Contractor shall NOT deploy the provision of Rental
Deposit for other purposes of use or be spent on any other assistance items of the
Services throughout the Contract Term.
6.3.2
The Contractor shall keep a separate account for the Rental Deposit for keeping all
the income and expenditure entries of the Rental Deposit at end of each month, such
as the amount received by the Government, the detailed payment record including
the number of cases and the amounts provided with rental deposit, and the number of
cases and the amount of unrecoverable rental deposit; and shall submit the Rental
Deposit Report to the Government on or before 10th day of the following month for
inspection of the Government. In the event that the remaining balance of the Rental
Deposit is 50% less than the original lump-sum provision at end of each month
during the Contract Term, the Government will pay the Contractor within ten (10)
Working Days to upkeep the balance to that of the original lump-sum provisionally
set in accordance with 6.3.1 herein.
6.3.3
Any remaining balance of the lump sum provision of Rental Deposit at the end of the
Contract Term shall be reimbursed to the Government within one month after the
submission of the financial audited report of the expiry or sooner termination of the
Contract as stipulated in Clause 6.10 of the Conditions of Contract as appropriate.
7. Worker-to-Service User Ratio3
7.1
The Contractor shall employ a team of Professional Workers and Supporting
Workers to implement the Contract with a Professional Worker-to-Service User ratio
of not more than 130 and Supporting Worker-to-Service User ratio of not more than
150. In addition, not less than 50% of the Professional Workers should have the
Relevant Experience.
7.2
Without prejudice to any other rights and remedies of the Government under the
Contract or otherwise at law, if the Contractor fails to provide the Worker-to-Service
User ratio in accordance with the provisions of the Contract that has been incorporated
in Schedule 1 (Service Plan)
in a particular month during the Term for whatever
reasons, unless with full justification to the satisfaction of SWD, the Government may
deduct from the Administrative Cost or any sum then due or which at any time
thereafter may become due by the Government under this Contract an amount
calculated in accordance with the following formula –
3 SWD shall monitor the ratio that rounded to the nearest one integral (e.g. for Professional Worker-to-Service
User ratio, if there are 5 000 Service Users, the ratio requirement shall be 5 000/130 = 38 Professional
Workers. If there are 5 050 Service Users, the ratio requirement shall be 5 050/130 = 39 Professional
Workers.)
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(a) 1% of Administrative Cost of the month during which the Professional
Worker-to-Service User ratio is unmet as specified in Schedule 1; and/or
(b) 0.5% of Administrative Cost of the month during which the Supporting
Worker-to-Service User ratio is unmet as specified in Schedule 1.
8.
Human Resource Management
The Contractor shall ensure that there is a human resource management system, which
includes staffing structure, staff orientation, training, development, appraisal,
monitoring of under-performed staff, handling of staff complaints, and the recruitment
and retention of appropriate staff.
9.
Submission of Service and Financial Statistics (Regular Reporting and Feedback)
9.1 The Contractor shall keep complete, accurate and up-to-date records of the profile of
each Service User.
9.2 The Contractor shall provide statistics relating to and reports on the Services in such
formats and at such intervals as may be required by the Government Representative.
9.3 The Contractor shall submit to the Government Representative –
(a)
on a half-monthly basis the Expenditure Report (invoice) on the 5th and 20th day
of each month to provide information as listed out in Annex 2 to the Service
Specifications;
(b)
on a monthly basis the service statistics report on or before the 10th day of each
month to provide information as listed out in Annex 3 to the Service
Specifications;
(c)
on a monthly basis the Rental Deposit Report on or before the 10th day of each
month to provide information as listed out in Annex 4 to the Service
Specifications;
(d)
on a half-yearly basis the half-yearly statements within 2 months after the end of
every 6-month period starting from the Contract Commencement Date, or 2
months after the expiry or sooner termination of the Contract as appropriate as
stated in Clause 6 of the Conditions of Contract.
(e)
on an annual basis the audited financial statements by 4 months after the closing
of the Financial Year or after expiry or sooner termination of the Contract as
stated in Clause 6 of the Conditions of Contract.
10. Monitoring on the Delivery of Food Assistance
In accordance with Clause 5.2.2 of the Service Specifications, the Contractor shall assist
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the Government in monitoring closely the delivery of food services by the Food
Contractor, and checking / certifying correct the monthly food assistance statistical
report submitted by the Food Contractor with details of payment instruction within 10
Working Days for the Government to arrange payment directly to the Food Contractor.
11. Continuation of Services
11.1 The Contractor shall have a feasible contingency plan in place at all times and
implement such contingency plan effectively should the Contractor encounter
difficulties in providing the Services or in handling large number of cases within a short
time (i.e. an intake in a month of more than 5% of the total number of Service Users).
The Government Representative shall be informed as soon as possible when the
contingency plan is activated. Any back-up service provided must meet all
requirements of these Service Specifications.
11.2 No additional allowance or compensation in any form will be payable by the
Department in implementing the contingency plan in Clause 11.1.
12. Protection of Service User’s Data
The Contractor shall observe the Personal Data (Privacy) Ordinance (Cap. 486) in the
collection, handling and disclosure of any information regarding the Service Users.
13. Premises
The Contractor may rent a premise, if required, to serve as an office, and / or a place to
accommodate facilities and equipment, etc. for provision of Services. The
Administrative Cost has included the rent and rate subsidies of the premises and the
Department will not provide extra premises. The Contractor is required to provide the
updated official address to the Government for record purpose.
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Service Boundaries of the Three Service Regions
Annex 1
Service Boundaries of the Three Service Regions
Remarks
“*” The service boundaries of each Service Region are delineated in accordance with the
constituency areas as demarcated and described in the “2015 District Council Election
Constituency Boundaries”. Unless otherwise indicated, terms used in relation to the service
boundaries shall have the meanings attributed to such terms in the “2015 District Council
Election Constituency Boundaries”. For details, please refer to the webpage of Electoral
Affairs Commission
(http://www.eac.gov.hk/en/distco/dce.htm).
Name of
Name of Service
Service Boundaries*
Contract
Region
All Constituency Areas within the following Districts –
a. Kowloon City District (G01 – G24)
G01 Ma Tau Wai, G02 Ma Hang Chung, G03 Ma Tau Kok,
G04 Lok Man, G05 Sheung Lok, G06 Ho Man Tin, G07
Kadoorie, G08 Prince, G09 Kowloon Tong, G10 Lung Shing,
G11 Sung Wong Toi, G12 Kai Tak North, G13 Kai Tak
South, G14 Hoi Sham, G15 To Kwa Wan North, G16 To Kwa
Wan South, G17 Hok Yuen Laguna Verde, G18 Whampoa
East, G19 Whampoa West, G20 Hung Hom Bay, G21 Hung
Kowloon City and Yau
Contract A
Hom, G22 Ka Wai, G23 Oi Man, G24 Oi Chun
Tsim Mong Region
b. Yau Tsim Mong District (E01 – E19)
E01 Tsim Sha Tsui West, E02 Jordan South, E03 Jordan
West, E04 Yau Ma Tei South, E05 Charming, E06 Mong Kok
West, E07 Fu Pak, E08 Olympic, E09 Cherry, E10 Tai Kok
Tsui South, E11 Tai Kok Tsui North, E12 Tai Nan, E13 Mong
Kok North, E14 Mong Kok East, E15 Mong Kok South, E16
Yau Ma Tei North, E17 East Tsim Sha Tsui & King’s Park,
E18 Tsim Sha Tsui Central, E19 Jordan North
All Constituency Areas within the following Districts –
a. Central & Western District (A01 – A15)
Hong Kong, Kowloon A01 Chung Wan, A02 Mid Levels East, A03 Castle Road,
and Islands (excluding
Contract B
A04 Peak, A05 University, A06 Kennedy Town & Mount
Kowloon City and Yau Davis, A07 Kwun Lung, A08 Sai Wan, A09 Belcher, A10
Tsim Mong) Region Shek Tong Tsui, A11 Sai Ying Pun, A12 Sheung Wan, A13
Tung Wah, A14 Centre Street, A15 Water Street
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Service Boundaries of the Three Service Regions
Name of
Name of Service
Service Boundaries*
Contract
Region
b. Wan Chai District (B01 – B13)
B01 Hennessy, B02 Oi Kwan, B03 Canal Road, B04 Victoria
Park, B05 Tin Hau, B06 Causeway Bay, B07 Tai Hang, B08
Jardine’s Lookout, B09 Broadwood, B10 Happy Valley, B11
Stubbs Road, B12 Southorn, B13 Tai Fat Hau
c. Eastern District (C01 – C35)
C01 Tai Koo Shing West, C02 Tai Koo Shing East, C03 Lei
King Wan, C04 Aldrich Bay, C05 Shaukeiwan, C06 A Kung
Ngam, C07 Heng Fa Chuen, C08 Tsui Wan, C09 Yan Lam,
C10 Siu Sai Wan, C11 King Yee, C12 Wan Tsui, C13 Fei
Tsui, C14 Mount Parker, C15 Braemar Hill, C16 Fortress Hill,
C17 City Garden, C18 Provident, C19 Fort Street, C20 Kam
Ping, C21 Tanner, C22 Healthy Village, C23 Quarry Bay, C24
Nam Fung, C25 Kornhill, C26 Kornhill Garden, C27 Hing
Tung, C28 Sai Wan Ho, C29 Lower Yiu Tung, C30 Upper
Yiu Tung, C31 Hing Man, C32 Lok Hong, C33 Tsui Tak, C34
Yue Wan, C35 Kai Hiu
d. Southern District (D01 – D17)
D01 Aberdeen, D02 Ap Lei Chau Estate, D03 Ap Lei Chau
North, D04 Lei Tung I, D05 Lei Tung II, D06 South Horizons
East, D07 South Horizons West, D08 Wah Kwai, D09 Wah
Fu South, D10 Wah Fu North, D11 Pokfulam, D12 Chi Fu,
D13 Tin Wan, D14 Shek Yue, D15 Wong Chuk Hang, D16
Bays Area, D17 Stanley & Shek O
e. Islands District (T01 – T10)
T01 Lantau, T02 Yat Tung Estate North, T03 Yat Tung Estate
South, T04 Tung Chung North, T05 Tung Chung South, T06
Discovery Bay, T07 Peng Chau & Hei Ling Chau, T08 Lamma
& Po Toi, T09 Cheung Chau South, T10 Cheung Chau North
f. Sham Shui Po District (F01 – F23)
F01 Po Lai, F02 Cheung Sha Wan, F03 Nam Cheong North,
F04 Shek Kip Mei, F05 Nam Cheong East, F06 Nam Cheong
South, F07 Nam Cheong Central, F08 Nam Cheong West, F09
Fu Cheong, F10 Lai Kok, F11 Fortune, F12 Lai Chi Kok
South, F13 Mei Foo South, F14 Mei Foo Central, F15 Mei
Foo North, F16 Lai Chi Kok Central, F17 Lai Chi Kok North,
F18 Un Chau & So Uk, F19 Lei Cheng Uk, F20 Ha Pak Tin,
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Service Boundaries of the Three Service Regions
Name of
Name of Service
Service Boundaries*
Contract
Region
F21 Yau Yat Tsuen, F22 Nam Shan, Tai Hang Tung & Tai
Hang Sai, F23 Lung Ping & Sheung Pak Tin
g. Wong Tai Sin District (H01 – H25)
H01 Lung Tsui, H02 Lung Ha, H03 Lung Sheung, H04 Fung
Wong, H05 Fung Tak, H06 Lung Sing, H07 San Po Kong,
H08 Tung Tau, H09 Tung Mei, H10 Lok Fu, H11 Wang Tau
Hom, H12 Tin Keung, H13 Tsui Chuk & Pang Ching, H14
Chuk Yuen South, H15 Chuk Yuen North, H16 Tsz Wan
West, H17 Ching Oi, H18 Ching On, H19 Tsz Wan East, H20
King Fu, H21 Choi Wan East, H22 Choi Wan South, H23
Choi Wan West, H24 Chi Choi, H25 Choi Hung
h. Kwun Tong District (J01 – J37)
J01 Kwun Tong Central, J02 Kowloon Bay, J03 Kai Yip, J04
Lai Ching, J05 Ping Shek, J06 Sheung Choi, J07 Jordan
Valley, J08 Shun Tin, J09 Sheung Shun, J10 On Lee, J11 Po
Tat, J12 Sau Mau Ping North, J13 Hiu Lai, J14 Sau Mau Ping
South, J15 Sau Mau Ping Central, J16 Hing Tin, J17 Lam Tin,
J18 Kwong Tak, J19 Ping Tin, J20 Pak Nga, J21 Yau Tong
East, J22 Yau Lai, J23 Chui Cheung, J24 Yau Tong West, J25
Laguna City, J26 King Tin, J27 Tsui Ping, J28 Po Lok, J29
Yuet Wah, J30 Hip Hong, J31 Hong Lok, J32 Ting On, J33
Upper Ngau Tau Kok Estate, J34 Lower Ngau Tau Kok
Estate, J35 To Tai, J36 Lok Wah North, J37 Lok Wah South
All Constituency Areas within the following Districts –
a. Tsuen Wan District (K01 – K18)
K01 Tak Wah, K02 Yeung Uk Road, K03 Hoi Bun, K04
Clague Garden, K05 Fuk Loi, K06 Discovery Park, K07
Tsuen Wan Centre, K08 Allway, K09 Lai To, K10 Ting
Sham, K11 Tsuen Wan West, K12 Tsuen Wan Rural, K13 Ma
Wan, K14 Luk Yeung, K15 Lei Muk Shue East, K16 Lei Muk
Contract C New Territories Region Shue West, K17 Shek Wai Kok, K18 Cheung Shek
b. Tuen Mun District (L01 – L29)
L01 Tuen Mun Town Centre, L02 Siu Chi, L03 Siu Tsui, L04
On Ting, L05 Yau Oi South, L06 Yau Oi North, L07 Tsui
Hing, L08 Shan King, L09 King Hing, L10 Hing Tsak, L11
San Hui, L12 Sam Shing, L13 Hanford, L14 Fu Sun, L15
Yuet Wu, L16 Siu Hei, L17 Wu King, L18 Butterfly, L19 Lok
Tsui, L20 Lung Mun, L21 San King, L22 Leung King, L23
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Service Boundaries of the Three Service Regions
Name of
Name of Service
Service Boundaries*
Contract
Region
Tin King, L24 Po Tin, L25 Kin Sang, L26 Siu Hong, L27
Prime View, L28 Fu Tai, L29 Tuen Mun Rural
c. Yuen Long (M01 – M35)
M01 Fung Nin, M02 Shui Pin, M03 Nam Ping, M04 Pek
Long, M05 Yuen Long Centre, M06 Yuen Lung, M07 Fung
Cheung, M08 Shap Pat Heung East, M09 Shap Pat Heung
Central, M10 Shap Pat Heung West, M11 Ping Shan South,
M12 Ping Shan Central, M13 Ping Shan North, M14 Ha
Tsuen, M15 Tin Shing, M16 Shui Oi, M17 Shui Wah, M18
Chung Wah, M19 Yuet Yan, M20 Fu Yan, M21 Yat Chak,
M22 Tin Heng, M23 Wang Yat, M24 Ching King, M25
Kingswood North, M26 Tsz Yau, M27 Yiu Yau, M28 Tin
Yiu, M29 Kingswood South, M30 Chung Pak, M31 Fairview
Park, M32 San Tin, M33 Kam Tin, M34 Pat Heung North,
M35 Pat Heung South
d. North District (N01 – N18)
N01 Luen Wo Hui, N02 Fanling Town, N03 Cheung Wah,
N04 Wah Do, N05 Wah Ming, N06 Yan Shing, N07 Shing
Fuk, N08 Fanling South, N09 Ching Ho, N10 Yu Tai, N11
Sheung Shui Rural, N12 Choi Yuen, N13 Shek Wu Hui, N14
Tin Ping West, N15 Fung Tsui, N16 Sha Ta, N17 Tin Ping
East, N18 Queen’s Hill
e. Tai Po District (P01 – P19)
P01 Tai Po Hui, P02 Tai Po Central, P03 Chung Ting, P04 Tai
Yuen, P05 Fu Heng, P06 Yee Fu, P07 Fu Ming Sun, P08
Kwong Fuk & Plover Cove, P09 Wang Fuk, P10 Tai Po Kau,
P11 Wan Tau Tong, P12 San Fu, P13 Lam Tsuen Valley, P14
Po Nga, P15 Tai Wo, P16 Old Market & Serenity, P17 Hong
Lok Yuen, P18 Shuen Wan, P19 Sai Kung North
f. Shatin District (R01 – R38)
R01 Sha Tin Town Centre, R02 Lek Yuen, R03 Wo Che
Estate, R04 City One, R05 Yue Shing, R06 Wong Uk, R07
Sha Kok, R08 Pok Hong, R09 Jat Min, R10 Chun Fung, R11
Sun Tin Wai, R12 Chui Tin, R13 Hin Ka, R14 Lower Shing
Mun, R15 Wan Shing, R16 Keng Hau, R17 Tin Sum, R18
Chui Ka, R19 Tai Wai, R20 Chung Tin, R21 Sui Wo, R22 Fo
Tan, R23 Chun Ma, R24 Chung On, R25 Kam To, R26 Ma
On Shan Town Centre, R27 Lee On, R28 Fu Lung, R29 Wu
Kai Sha, R30 Kam Ying, R31 Yiu On, R32 Heng On, R33 On
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Service Boundaries of the Three Service Regions
Name of
Name of Service
Service Boundaries*
Contract
Region
Tai, R34 Tai Shui Hang, R35 Yu Yan, R36 Bik Woo, R37
Kwong Hong, R38 Kwong Yuen
g. Kwai Tsing District (S01 – S29)
S01 Kwai Hing, S02 Kwai Shing East Estate, S03 Upper Tai
Wo Hau, S04 Lower Tai Wo Hau, S05 Kwai Chung Estate
North, S06 Kwai Chung Estate South, S07 Shek Yam, S08 On
Yam, S09 Shek Lei South, S10 Shek Lei North, S11 Tai Pak
Tin, S12 Kwai Fong, S13 Wah Lai, S14 Lai Wah, S15 Cho
Yiu, S16 Hing Fong, S17 Lai King, S18 Kwai Shing West
Estate, S19 On Ho, S20 Wai Ying, S21 Tsing Yi Estate, S22
Greenfield, S23 Cheung Ching, S24 Cheung Hong, S25 Shing
Hong, S26 Tsing Yi South, S27 Cheung Hang, S28 Ching Fat,
S29 Cheung On
h. Sai Kung District (Q01 – Q27)
Q01 Sai Kung Central, Q02 Pak Sha Wan, Q03 Sai Kung
Islands, Q04 Hang Hau East, Q05 Hang Hau West, Q06 Po
Yee, Q07 Wai King, Q08 Do Shin, Q09 Kin Ming, Q10 Choi
Kin, Q11 O Tong, Q12 Fu Kwan, Q13 Kwan Po, Q14 Nam
On, Q15 Hong King, Q16 Tsui Lam, Q17 Po Lam, Q18 Yan
Ying, Q19 Wan Hang, Q20 King Lam, Q21 Hau Tak, Q22 Fu
Nam, Q23 Tak Ming, Q24 Sheung Tak, Q25 Kwong Ming,
Q26 Wan Po North, Q27 Wan Po South
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Half-monthly Expenditure Report
Annex 2
Half-monthly Expenditure Report
Information covering the following areas is to be submitted to the Government Representative
on or before the 20th and 5th days of each month unless otherwise specified.
1.
Actual number of Service Users served on the 15th day or the last day of each month
(collectively, “Half-monthly”)
2.
Actual expenditures by each category of Services delivered to Service Users (e.g. rent,
payment for utilities, in-kind food, transportation allowance, property agent fee, other
basic necessities) paid Half-monthly
3.
Actual number of Service Users and actual expenditures of the accommodation
assistance spent for service users living in shelter rented by the Contractors paid
Half-monthly
4.
Actual expenditures by each category of Extra Assistance paid Half-monthly
5.
Total expenditures paid Half-monthly
6.
List of expenditures paid to each Service User for each category of Direct Assistance
and Extra Assistance paid Half-monthly. The List is to be in paper mode or
electronic mode
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Service Statistics Report
Annex 3
Service Statistics Report
Information covering the following areas is to be submitted to the Government Representative
on or before the 10th day of each month unless otherwise specified.
1.
Number of referrals pending for assessment brought forward from last month
2.
Number of new referrals received in the month
3.
Number of new referrals with assessment completed in the month
4.
Number of very urgent and needy new referrals with assessment completed in the
month
5.
Number of transferred cases received in the month
6.
Number of cases transferred out in the month
7.
Number of referrals rejected in the month
8.
Number of self-withdrawn referrals in the month
9.
Number of referrals pending for assessment and brought forward to next month
10.
Time spent from the date of receipt of the request or the referral to the Services
provided on handling the request / referrals
11.
Time spent from the date of receipt of the request or the referral to the Services
provided on handling very urgent and needy request / referrals
12.
Number of Service Users brought forward from last month
13.
Number of new Service Users with services provided in the month
14.
Number of re-activated Service Users with services provided in the month
15.
Number of Service Users with services terminated in the month
16.
Number of Service Users brought forward to next month
17.
Profile of Service Users (e.g. singleton adults, unaccompanied minors, different sizes
of families, families with / without children under 18 and age range of children under
18, etc.)
18.
Number of Service Users who received different types and level of assistance and
Extra Assistance in the month
19.
Breakdown (including the number of Service Users, number of attendance and total
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Service Statistics Report
actual rent charged on Service Users) of the accommodation assistance spent for
Service Users living in shelter rented by the Contractors
20.
Number of cases / Number of Service Users and amounts provided with property
agent fee for Service Users’ accommodation assistance in the month
21.
Number of Children Users under residential child care service
22.
A list of Electronic Tokens having been newly distributed to the eligible Service Users
in the month with date, name, face value and validity period assigned, and reference
number (code) of the Electronic Tokens
23.
A list of Electronic Tokens having been distributed to the eligible Service Users in the
previous months that have been assigned with additional face value in the month with
date, name, face value and validity period assigned, and reference number (code) of
the Electronic Tokens
24.
A list of void Electronic Tokens in the month with the quantity, date, name, and
reference number (code) of the Electronic Tokens
25.
Number of staff (including the high level staff with required academic qualification
and years of supervisory experience, professional staff with required academic
qualification and field experience, and supporting staff) at month end
26.
Staff turnover rate in the month
27.
Administrative Cost received in the month
28.
Accumulated total expenditure as at the end of last month
29.
Any other information required by the Government as it deems appropriate
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Rental Deposit Report
Annex 4
Rental Deposit Report
Information covering the following areas is to be submitted to the Government Representative
on or before 10th day of each month unless otherwise specified.
1.
Amount received from SWD for purpose of paying rental deposit for Service Users’
accommodation assistance on the Contract Commencement Date and received in the
month
2.
Detailed payment record including –
(i) the number of cases, the amounts paid with rental deposit in the month, and the
accumulated amount by end of the month;
(ii) the number of cases and the amount of unrecoverable rental deposit in the month,
and the accumulated amount by end of the month;
(iii) the number of cases and the amount of refunded rental deposit in the month, and
the accumulated amount by end of the month
3.
Amount and percentage of remaining balance of rental deposit received from SWD at
the end of the month
4.
Number of Service Users involved in the cases paid with rental deposit in the month
5.
Number of cases and reasons for unreturned rental deposit in the month
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