Tender Ref: GCIO 5/2 (T25)
RESTRICTED
Tender for the Supply Services of
Information Technology Contract Staff
to the Government of the
Hong Kong Special Administrative Region
Tender Ref: GCIO 5/2 (T25)
Tender Ref: GCIO 5/2 (T25)
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Tender Ref: GCIO 5/2 (T25)
PART I
TERMS OF TENDER
TABLE OF CONTENTS
1.
INTERPRETATION ...................................................................................................... 3
2.
INVITATION TO TENDER ........................................................................................ 10
3.
TENDER DOCUMENTS ............................................................................................. 12
4.
SUPPLEMENTARY INFORMATION/TENDER ADDENDA ................................. 13
5.
REQUIREMENTS ON SUBMISSION OF TENDER PROPOSALS ......................... 13
6.
ESSENTIAL REQUIREMENTS ON EXPERIENCE OF TENDERERS ................... 15
7.
TENDERS TO REMAIN OPEN .................................................................................. 17
8.
COMPANY/BUSINESS ORGANISATION STATUS ............................................... 18
9
FINANCIAL VETTING .............................................................................................. 20
10.
REQUEST FOR INFORMATION ............................................................................... 23
11.
COUNTER-PROPOSALS ............................................................................................ 23
12.
AUTHENTICITY OF DOCUMENTS SUBMITTED ................................................. 24
13.
ASSESSMENT OF TENDER PROPOSALS ............................................................... 24
14.
COMMUNICATION WITH THE GOVERNMENT ................................................... 25
15.
BASIS OF ACCEPTANCE .......................................................................................... 25
16.
TENDERER’S COMMITMENT .................................................................................. 25
17.
TENDERER’S LIABILITY .......................................................................................... 25
18.
NEW INFORMATION ................................................................................................. 25
19.
TERMS TO BE INCORPORATED IN THE EMPLOYMENT CONTRACTS OF
RELEVANT EMPLOYEES ......................................................................................... 26
20.
FORMATION OF CONTRACT .................................................................................. 26
21.
COST OF TENDER ...................................................................................................... 26
22.
GOVERNMENT’S RIGHT .......................................................................................... 26
Part I – Terms of Tender
Page 1 of 45
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Tender Ref: GCIO 5/2 (T25)
23.
NEGOTIATION ............................................................................................................ 27
24.
PERFORMANCE BOND ............................................................................................. 27
25.
DOCUMENTS OF UNSUCCESSFUL TENDERERS ................................................ 27
26.
ENVIRONMENTAL PROTECTION .......................................................................... 28
27.
COMPLAINTS ABOUT TENDERING PROCESS OR CONTRACT AWARD ....... 28
28.
PROVISION OF PERSONAL DATA .......................................................................... 28
29.
CONSEQUENCE OF BREACHES OF STATUTORY AND CONTRACTUAL
OBLIGATIONS ............................................................................................................ 29
30.
CANCELLATION OF TENDER ................................................................................. 29
31.
WARNING AGAINST BRIBERY ............................................................................... 29
32.
WARRANTY AGAINST COLLUSION...................................................................... 29
33.
CONSENT TO DISCLOSURE .................................................................................... 30
34.
GOVERNMENT DISCRETION .................................................................................. 31
35.
TENDERERS’ ENQUIRIES ........................................................................................ 34
ANNEX A – CHECKLIST FOR ITEMS TO BE SUBMITTED BY TENDERERS ............. 35
ANNEX B – TENDER ASSESSMENT PROCEDURES AND MARKING SCHEME ........ 37
Part I – Terms of Tender
Page 2 of 45
Tender Ref: GCIO 5/2 (T25)
1.
Interpretation
1.1
In this set of Tender Documents, unless the context otherwise requires, the following
terms shall have the following meaning:
“Associate”
in relation to any persons means
(a) a relative or partner of that person; or
(b) a company one or more of whose
directors is in common with one or
more of the directors of that person;
“Associated Person”
in relation to another person means
(a) any person who has control, directly
or indirectly over the other; or
(b) any person who is controlled,
directly or indirectly, by another; or
(c) any person who is controlled by, or
has control over, a person at (a) or
(b) above;
“control” in relation to another person
means the power of a person to secure
(a) by means of the holding of shares or
interests or the possession of voting
power in or in relation to that or any
other person; or
(b) by virtue of powers conferred by
any constitution, memorandum or
articles of association, partnership,
agreement or arrangement (whether
legally enforceable or not) affecting
that or any other person; or
(c) by virtue of being or holding office
as a director in that or any other
person;
that the affairs of the first-mentioned
person are conducted in accordance with
the wishes of that other person;
“director” means any person occupying
the position of director by whatever
name called and includes without
limitation a de facto or shadow director;
“relative” means the spouse, parent,
child, brother or sister of the relevant
Part I – Terms of Tender
Page 3 of 45
Tender Ref: GCIO 5/2 (T25)
person, and, in deducing such a
relationship, an adopted child shall be
deemed to be a child both of the natural
parents and the adopting parent and a
step child to be a child of both the natural
parent and of any step parent;
“Commencement Date”
means 1 February 2019 or such other
date as specified by the Government,
whichever is the later;
“Confidential Information”
means information contained in the
Materials and all materials and data
furnished by or on behalf of the
Government which is received by the
Contractor or comes to the Contractor’s
knowledge in connection with this
Contract including but not limited to the
terms and conditions of this Contract;
“Contract”
means the contract made hereunder
between the Contractor and the
Government including the Standing
Offer Deed, Conditions of Contract,
Specifications, Contract Schedules and
other documents which are incorporated
by reference herein;
“Contract Ceiling Rate”
means the upper limit of the daily rate
per staff category that the Contractor
may charge for the Service, subject to
adjustment as stipulated in clauses 3.2
and 3.3 in Part IV;
“Contractor”
means the person whose name appears in
Part V of this Contract;
“Currency”
means Hong Kong Dollars;
“Day”
means calendar day;
“Employer”
means the employer of the Relevant
Employee who is under an employment
contract to provide the Service under this
Contract;
“Government”
means the Government of Hong Kong;
“Government Representative”
means the Government Chief
Information Officer or any other officer
duly authorized to act for and on behalf
Part I – Terms of Tender
Page 4 of 45
Tender Ref: GCIO 5/2 (T25)
of the Government for the purposes of
the Contract;
“Guangdong Province”
means the Guangdong Province of the
People’s Republic of China;
“Hong Kong”
means the Hong Kong Special
Administrative Region of the People’s
Republic of China, including the Hong
Kong Port Area as defined in section 2 of
the Shenzhen Bay Port Hong Kong Port
Area Ordinance (Cap. 591);
“Hong Kong Time”
means local time which is GMT+8;
“Individual Rate”
means the daily rate of providing
individual Relevant Employee to the
Government, as quoted by the Contractor
in proposing the Relevant Employee for
selection by the Government and
accepted by the Government and, subject
to adjustment as stipulated in clause 3 in
Part IV;
“Intellectual Property Rights”
means patents, copyrights, design rights,
trademarks, service marks, trade names,
domain names, database rights, rights in
know-how, new inventions, designs or
processes and other intellectual property
rights (of whatever nature and wherever
arising), whether now known or
hereafter created and in each case
whether registered or unregistered and
including applications for the grant of
any such rights;
“Invitation to Tender”
means this invitation to tender for the
provision of the Service to the
Government on the terms and conditions
set out in the Tender Documents;
“Law”
means any constitutional provisions,
treaties conventions, ordinances,
subsidiary legislation, orders, rules and
regulations having the force of law and
rules of civil and common law and
equity;
“Materials”
includes but is not limited to all the
programmes, data, information or
materials collected, compiled,
developed, produced or created by or on
Part I – Terms of Tender
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Tender Ref: GCIO 5/2 (T25)
behalf of the Contractor, its sub-
contractors, Relevant Employees, and
their directors, officers, employees,
agents or sub-contractors (whether
individually or
jointly with the
Government) in relation to and/or in the
course of the performance of the Service
or for the purpose of the Contract, which
are recorded or stored by whatever
means in whatever form or media, any
material relating to programming
documentation including source and
object code listings originated and first
prepared for the Government by the
Relevant Employee, the pre-contractual
and contractual documents and all the
drafts, uncompleted versions and
working papers of any of the above
items;
“Month”
means calendar month;
“Notice”
means notices as set out in clause 32 in
Part IV;
“Notice of Service (RE)”
means the written notice from the
Government to the Contractor specifying
the name of Relevant Employee, the
Period of Service (RE) of the Relevant
Employee, the Service (RE) to be
performed, the Individual Rate and other
information as may be necessary from
time to time;
“Original Tender Closing Date”
means 13 April 2018;
“Partnership”
means the relation which subsists
between persons carrying on a business
in common with a view of profit,
whether or not the Partnership Ordinance
(Cap. 38) applies to the partnership;
“Period of Service (RE)”
means the period during which the
Relevant Employee performs the Service
(RE) under the Contract;
“Person”
includes any individual, corporation,
firm and unincorporated body;
Part I – Terms of Tender
Page 6 of 45
Tender Ref: GCIO 5/2 (T25)
“Public Sector”
comprises the Government, statutory
bodies in Hong Kong and aided schools
as defined under the Education
Ordinance (Cap. 279);
“Relevant
Employee”
and means any one employee or more than
“Relevant Employees”
one employees employed by the
Contractor under an employment
contract or employment contracts to
provide the Service (RE) under the
Contract;
“Service”
means all duties, obligations and services
to be performed and provided by the
Contractor as specified in the Contract;
“Service (RE)”
means the services to be performed by
the Relevant Employee as provided by
the Contractor to the Government under
this Contract pursuant to the
Specifications in Part VI;
“Shenzhen”
means the Shenzhen Special Economic
Zone of the People’s Republic of China;
“Standing Offer Agreement for means the agreements made between the
Quality Professional Services”
contractors and the Government for the
supply of information technology
professional services under tender
references
of
GCIO 5/10-R,
GCIO 5/11-R or GCIO 5/12-R;
“Standing Offer Deed”
means the document to be executed
between the Government and any
Tenderer in accordance with the terms,
conditions and other matters referred to
in Part III, IV and VI of the Tender
Documents;
“Supervisor”
means the person nominated by the
Contractor to be responsible for
supervising the Relevant Employees for
the purpose of this Contract;
“Tender”
means an offer to provide the Service as
submitted by a Tenderer in response to
the Invitation to Tender;
Part I – Terms of Tender
Page 7 of 45
Tender Ref: GCIO 5/2 (T25)
“Tender Closing Date”
means the latest date (Hong Kong Time)
by which Tenders must be lodged
including the Original Tender Closing
Date, and as such date may be extended
in accordance with clause 5.14 of the
Terms of Tender in Part I;
“Tender Documents”
has the meaning given to it in clause 3 of
the Terms of Tender in Part I;
“Tenderer”
means the person or the firm or the
company referred to in the “Offer to be
Bound” in Part II;
“Term”
means the period of forty-eight (48)
months starting from the
Commencement Date of this Contract
unless extended under clauses 1.2 or 1.3
in Part IV;
“Time”
means a time of day as a reference to
Hong Kong Time;
“Working Day”
means Monday to Friday other than a
day which is public holiday or a day from
Monday to Friday on which Tropical
Cyclone Warning Signal No. 8 or above
is hoisted or a Black Rainstorm Warning
Signal is in force for any duration
between 0900 and 1200 hours in Hong
Kong.
1.2
The following rules of interpretation shall apply:
(a)
references to statutes or statutory provisions means references to those
statutes or statutory provisions as replaced, amended, modified or re-
enacted from time to time, and includes all subordinate legislation made
under those statutes;
(b)
words importing the singular includes the plural and vice versa; words
importing a gender includes all other genders; references to any person
includes any individual, firm, body corporate or unincorporate (wherever
established or incorporated);
(c)
headings are inserted for ease of reference only and do not affect the
construction of the Tender Documents or the Contract;
Part I – Terms of Tender
Page 8 of 45
Tender Ref: GCIO 5/2 (T25)
(d)
references to a document:
(i)
include all schedules, appendices, annexures and other materials
attached to such document; and
(ii)
mean the same as from time to time amended or supplemented in
accordance with the terms of the Tender Documents or the Contract;
(e)
references to “Tenderer” or “Contractor” include its permitted assigns,
successors, or any persons deriving title under them;
(f)
references to “Government” include its assigns, successors-in-title and
persons deriving title under them, regardless of whether or not any of these
persons are mentioned separately in the relevant provisions;
(g)
references to “law” and “regulation” include any constitutional provisions,
treaties, conventions, ordinances, subsidiary legislation, orders, rules and
regulations having the force of law and rules of civil and common law and
equity;
(h)
any word or expression to which a specific meaning has been attached in
any part of the Tender Documents bear such meaning whenever it appears
in the same and other parts of the Tender Documents;
(i)
a time of a day means a reference to Hong Kong time;
(j)
references to “normal business hours” mean 0900 to 1800 hours;
(k)
references to a day mean a calendar day;
(l)
references to a month or a monthly period mean a calendar month;
(m)
any negative obligation imposed on any party means if it were also an
obligation not to permit or suffer the act or thing in question, and any
positive obligation imposed on any party means if it were also an obligation
to procure that the act or thing in question be done;
(n)
any act, default, neglect or omission of any employee, licensee, agent or
sub-contractor of the Contractor is deemed to be the act, default, neglect or
omission of the Contractor;
(o)
words importing the whole are treated as including a reference to any part
of the whole;
(p)
references to “writing” include typewriting, printing, photography, facsimile
and the printed out version of a communication by electronic mail and other
modes of representing and reproducing words in a legible form; and
Part I – Terms of Tender
Page 9 of 45
Tender Ref: GCIO 5/2 (T25)
(q)
where a general obligation in the Tender Documents or the Contract is
followed by more specific obligations, the general obligation is not
construed restrictively by reference to the specific obligations or deemed to
be fully performed by reason only that the specific obligations have been
performed.
1.3
Nothing in the Contract shall be taken to restrict, derogate from or otherwise interfere
with any power or duty, or the exercise or performance of any power or duty
conferred or imposed by or under any law upon the Government or any person in the
service of the Government.
1.4
All rights and powers of the Government under the Contract may be exercised by
the Government Representative. If any provision of the Contract provides for a
determination of any matter by the Government or the Government Representative,
the determination made by the Government or the Government Representative (as
the case may be) shall, in the absence of manifest error, be final and conclusive.
1.5
Unless otherwise provided for in the Tender Documents, all quotations and payments
shall be made in Hong Kong currency.
2.
Invitation to Tender
2.1
Tenderers are invited to bid for the supply services of information technology
contract staff to the Government as specified in the Specifications in Part VI subject
to and in accordance with these Terms of Tender in Part I and the Conditions of
Contract in Part IV.
2.2
The Contractor is required to provide the supply services of information technology
contract staff (“Relevant Employees”) to the Government. The Relevant
Employees are employees of the Contractor and they will perform the Service (RE)
at Government bureaux/departments under the instruction
of Government
Representative
. Upon request by the Government in accordance with the
procedure set out in clause 4 of the Specifications
in Part VI, the Contractor is
required:
(a)
to
propose eligible candidates fulfilling the essential qualification
requirements as set out in clause 2.1.1 of the Specifications in Part VI, as
well as any other essential requirements specified by the Government in the
respective service requests, for selection by the Government as Relevant
Employees; and
(b)
if the Government makes the selection, the Contractor, as the employer of
the Relevant Employees, is required to
supervise and manage the Relevant
Employees to ensure that they perform the Service (RE) at the relevant
Government bureaux/departments to the satisfaction of the Government.
Part I – Terms of Tender
Page 10 of 45
Tender Ref: GCIO 5/2 (T25)
2.3
The estimated requirements are:
Staff
Staff Category
Estimated
Category
Requirements Per
Number
Annum
(in man-years)
6
Senior Project Manager
10
5
Project Manager
170
4
Senior Systems Analyst
230
3
Systems Analyst
1 080
2
Analyst/Programmer
870
1
Programmer
160
0
Junior Programmer
60
A
Senior Information Technology Assistant
130
B1
Information Technology Assistant
60
(shift duty)
B2
Information Technology Assistant
170
(non-shift duty)
Total:
2 940
2.4
The Government intends to enter into Standing Offer Deed with no more than fifteen
(15) Tenderers who have made, in the opinion of the Government, the most
advantageous and conforming offers to the Government in response to this Invitation
to Tender.
2.5
A Contractor who executes the Standing Offer Deed agrees to provide the Service
as and when required by the Government on the terms and conditions of this set of
Tender Documents. Tenderers may wish to read clauses 4.3 and 4.4 of the
Specifications in Part VI to have a general understanding on the procedure on
selecting Relevant Employees. The Government may select
any or none of the
eligible candidates referred to in clause 2.2(a) above as Relevant Employees.
2.6
Only those eligible candidates who are selected by the Government will perform
Service (RE) under the Contract as Relevant Employees. Service fee payable by
the Government to the Contractor will be on a time charged basis for
the Period of
Service (RE) performed by the Relevant Employees being engaged to perform
the Contract.
Part I – Terms of Tender
Page 11 of 45
Tender Ref: GCIO 5/2 (T25)
2.7
The estimated requirements in clause 2.3 herein are indicative only and the
Government shall not in any way be bound thereby. Tenderers should note that the
Government’s actual requirements throughout the Term of the Contract might or
might not exceed the said estimated requirements.
2.8
The Term of the Contract is a period of forty-eight (48) months unless extended in
accordance with clauses 1.2 or 1.3 of the Conditions of Contract in Part IV. The
Contract will commence on the Commencement Date.
2.9
The Period of Service (RE) of the Relevant Employee shall be of varying duration
but generally shall not be less than one month. Nevertheless, this estimated Period
of Service (RE) is for reference only and the Government shall not be bound by a
minimum period of one month.
3.
Tender Documents
3.1
The full set of Invitation to Tender, identified as GCIO 5/2 (T25), comprises the
following documents (collectively “Tender Documents”):
(a)
Part I - Terms of Tender (Pages 1 to 45)
(b)
Part II - Offer to be Bound (Pages 1 to 2)
(c)
Part III - Contract Schedules (Pages 1 to 20)
(d) Part IV - Conditions of Contract (Pages 1 to 35)
(e)
Part V - Standing Offer Deed (Pages 1 to 2)
(f)
Part VI - Specifications (Pages 1 to 23)
3.2
A Tenderer should read the Tender Documents carefully prior to submitting a Tender
and ensure that it understands all requirements of the Tender Documents.
3.3
A Tenderer should check the numbers of pages of the Tender Documents. If it finds
any missing or indistinct pages, it should inform the Government Representative
immediately so that the same can be rectified.
3.4
A Tenderer will be regarded to be thoroughly conversant with all aspects of the
Tender Documents (including the Contract) and in general to have obtained all
necessary information of any circumstances which may influence or affect its Tender
or its performance of the Contract. The Government does not assume any liability
in respect of any errors or mistakes made by a Tenderer or any neglect or failure of
the Tenderer to obtain any information or clarification relating to the provision of
the Service to the Government in accordance with the Contract.
3.5
No error, mistake, neglect or failure by a Tenderer shall affect any provision of the
Tender Documents (including the Contract) or relieve the Tenderer from any of its
obligations or liabilities under the Tender Documents (including the Contract). For
the avoidance of doubt, a successful Tenderer shall not be entitled to any additional
payment, compensation or allowance by reason of any such error, mistake, neglect
or failure. If a Tenderer is awarded the Contract, it shall not be excused from any
liability under the Contract as a consequence of any misinterpretation by it of any
matter or fact relating to the Tender Documents or the Contract.
Part I – Terms of Tender
Page 12 of 45
Tender Ref: GCIO 5/2 (T25)
3.6
By submitting a Tender, a Tenderer will be regarded to have agreed to all terms and
conditions set out in the Tender Documents.
4.
Supplementary Information/Tender Addenda
4.1
All supplementary information or tender addenda to the Invitation to Tender will be
provided by the Government in writing and forwarded to all prospective Tenderers
who have registered with the Government when obtaining a copy of the Tender
Documents. The supplementary information or tender addenda, if any, will also be
posted on the website of the Office of the Government Chief Information Officer at
https://www.ogcio.gov.hk/en/our_work/business/tender_eoi_rfp/. Tenderers are
advised to check the said website from time to time for the contents thereof.
5.
Requirements on Submission of Tender Proposals
5.1
Save in accordance with the terms of the Tender Documents, a Tenderer must not
alter any provision of the Tender Documents.
5.2
The Tenders and all accompanying documents must be submitted in either Chinese
or English in black ink or typescript.
5.3
A Tenderer shall submit a duly signed “Offer to be Bound” in Part II and the
completed Contract Schedules 1, 2, 8 and 9 of Part III.
Failure to submit the
above-mentioned documents before the time and date specified in clause 5.5
below will render the Tender not to be considered further.
5.4
A Tenderer should submit its Tender,
in triplicate, in one (1) envelope clearly
marked with the tender reference “GCIO 5/2 (T25)” and the words, “Technical
Submission” and in another envelope clearly marked with the tender reference
“GCIO 5/2 (T25)” and the words, “Price Submission”. Both envelopes should be
placed inside another sealed envelope marked with the tender reference “GCIO 5/2
(T25)” and “Tender for the Supply Services of Information Technology Contract
Staff to the Government of the Hong Kong Special Administrative Region” and
addressed to the Chairman, Central Tender Board. Failure to comply with the
above submission requirements may render the Tender invalid.
5.5 All Tenders shall be deposited in the
Government Logistics Department Tender
Box situated on Ground Floor, North Point Government Offices, 333 Java Road,
North Point, Hong Kong
before 12:00 noon (Hong Kong Time) on the Tender
Closing Date. Late Tenders will not be considered.
Part I – Terms of Tender
Page 13 of 45
Tender Ref: GCIO 5/2 (T25)
5.6
The envelop marked “Technical Submission” should contain
one original of each
of the following:
(a)
the duly signed “Offer to be Bound” in Part II; and
(b)
the completed Contract Schedule 2 of Part III – “Tenderer’s Experience”,
Contract Schedule 8 of Part III – “Service Assurance Plan and Staff
Management Plan” and Contract Schedule 9 of Part III – “Minimum
Monthly Wage Rate committed for Relevant Employees of
Staff Category 1”.
5.7
The envelope marked “Price Submission” should contain
one original of Contract
Schedule 1 of Part III – “Schedule of Contract Ceiling Rates”.
5.8
The prices (i.e. Contract Ceiling Rates) to be quoted by a Tenderer shall only be
shown in Contract Schedule 1 of Part III. Such prices as well as any other prices
including the subsisting Contract Ceiling Rates and Individual Rates to be quoted
throughout the Term of the Contract shall be net where applicable, include trade and
cash discounts and all expenses incidental to the due and proper performance of the
Contract by the Contractor.
5.9
Prices quoted in the Tender are not subject to change after submission. Prices shall
be quoted for all staff categories of Relevant Employees in Contract Schedule 1 of
Part III. Only one single price is allowed for each staff category. A Tenderer shall
quote the prices in Hong Kong currency. Under no circumstances will a Tenderer
be allowed to alter the information provided in the Contract Schedule 1 of Part III
after the submission of its Tender. Under no circumstances will the Government
accept any request for price amendment on the grounds that a mistake has been made
in the prices quoted.
5.10
Without prejudice to the generality of these Terms of Tender in Part I, the
Government may require a Tenderer who in the opinion of the Government has
submitted an unreasonably low price to justify and demonstrate that such a Tenderer
is capable of carrying out the Contract. The Government may reject the Tender if
the Tenderer fails to so justify and demonstrate to the Government’s satisfaction.
5.11
Tenders submitted otherwise in the manner described in clauses 5.2, 5.3, 5.5, 5.8 and
5.9 above will not be considered. A checklist on the information, forms, schedules,
documents, etc. to be submitted by Tenderers is provided at
Annex A for reference.
5.12
When completing the Tender Documents (including Part II – “Offer to be Bound”),
a Tenderer shall ensure that the name of the Tenderer is the same as the name shown
in:
(a)
if the Tenderer is a company incorporated in Hong Kong:
(i)
the Certificate of Incorporation of the Tenderer; or
(ii)
if there is a change of name of the Tenderer since the date of its
Certificate of Incorporation, the latest Certificate of Change of
Name of the Tenderer;
Part I – Terms of Tender
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Tender Ref: GCIO 5/2 (T25)
(b)
if the Tenderer is a sole proprietorship or a Partnership, the latest business
registration certificate of the Tenderer; or
(c)
if the Tenderer is formed, established or incorporated outside Hong Kong,
a document equivalent to clause 5.12 (a)(i), (a)(ii) or (b) above (as the case
may be) issued by a governmental or competent authority of the place where
the Tenderer is formed, established or incorporated.
5.13
Execution of Tenders
(a)
Part II - “Offer to be Bound” shall be duly signed by:
(i)
if the Tenderer is a sole proprietorship, the Tenderer;
(ii)
if the Tenderer is a Partnership, a partner of the Tenderer; or
(iii)
if the Tenderer is a body corporate, one or more persons who are
duly authorised by the Tenderer to sign and submit the Tender for
and on behalf of the Tenderer.
(b)
a Tender will not be further considered if Part II - “Offer to be Bound” is
not signed in the manner described in clause 5.13(a) above.
5.14
In the event that a Tropical Cyclone Warning Signal No. 8 or above is hoisted or a
Black Rainstorm Warning Signal is in force for any duration between 9:00 a.m.
(Hong Kong Time) and 12:00 noon (Hong Kong Time) on the Original Tender
Closing Date, the tender closing time will be extended to 12:00 noon (Hong Kong
Time) on the next Working Day.
6.
Essential Requirements on Experience of Tenderers
6.1
A Tenderer must have
at least three (3) years of experience in aggregate within the
five (5) years immediately before the Original Tender Closing Date in the supply
services of information technology contract staff.
6.1.1
The aggregate years of experience will be counted in calendar days and converted to
years by dividing by 365. For experience of the Tenderer gained from performing
two (2) or more relevant contracts at the same time, the overlapping period of such
experience gained will only be counted once. For example, if a Tenderer has
performed two (2) relevant contracts, the first contract being from 1.1.2014 to
31.12.2015 and the second contract being from 1.7.2015 to 30.6.2017, the Tenderer
will be considered as having 3.5 years of experience in total (i.e. 1 277 days of
experience divided by 365). Figures with the values at the third decimal place
larger than or equal to 0.005 will be rounded up by adding 0.01 to the figures and
curtailing the third decimal place onward whereas figures with the values at the third
decimal place below 0.005 will be rounded down by curtailing the third decimal
place onward without changing the values at the second decimal place.
Part I – Terms of Tender
Page 15 of 45
Tender Ref: GCIO 5/2 (T25)
6.2
A Tenderer must have supplied
at least fifty (50) information technology contract
staff to one or more clients in a continuous period of twelve (12) months within the
three (3) years immediately before the Original Tender Closing Date.
or
A Tenderer must have supplied
at least fifty (50) information technology contract
staff to one or more clients on average per year in the three (3) years immediately
before the Original Tender Closing Date.
6.2.1
For the avoidance of doubt, the information technology contract staff referred to in
clause 6.2 above must be different individuals. The information technology
contract staff supplied to the client(s) during the 12-month period will be counted
irrespective of the duration of service provided by the information technology
contract staff to the client(s).
6.3
A Tenderer must have provided the supply services of information technology
contract staff to
at least five (5) clients in the three (3) years immediately before the
Original Tender Closing Date.
6.3.1
For the purpose of determining the number of clients, only one (1) client will be
counted under each contract for the supply services of information technology
contract staff where there is more than one (1) contractual party in one (1) contract.
The contractual party can be an entity in the Public Sector or private sector. If a
Tenderer has entered into contracts with different Government bureaux/departments
for providing the supply services of information technology contract staff, it will be
considered as having provided the said services to one (1) client only. Where a
Tenderer has entered into a contract with the Government for providing the supply
services of information technology contact staff as and when required to the
Government, irrespective of the number of Government bureaux/departments to
which services are being provided in relation to the contract, the number of client
will be one (1). For the avoidance of doubt, a client will be counted irrespective of
whether the relevant contract(s) has/have been completed or not immediately before
the Original Tender Closing Date.
6.4
For the purpose of determining whether or not a Tenderer meets the essential
requirements as set out in clauses 6.1, 6.2 and 6.3 above, the following rules shall
apply:
(a)
only the Tenderer’s experience gained in the same name of the Tenderer
will be counted;
(b)
for the avoidance of doubt, in case where a Tenderer had its name changed
by means of a Certificate of Change of Name issued under
Section 107(3)(b) of the Companies Ordinance (Cap. 622) before the
Original Tender Closing Date, the relevant experience gained in the
Tenderer’s former name will be counted if a copy of the relevant Certificate
of Change of Name issued before the Original Tender Closing Date is
submitted by the Tenderer to prove the said change;
(c)
experience gained by the Tenderer as a sub-contractor will not be counted;
Part I – Terms of Tender
Page 16 of 45
Tender Ref: GCIO 5/2 (T25)
(d)
experience of a sub-contractor of the Tenderer will not be counted;
(e)
experience of the Tenderer in contracts solely on the supply services of
information technology contract staff will be counted. Experience of the
Tenderer in contracts on the supply services of contract staff (including
information technology contract staff) will also be counted;
(f)
for the avoidance of doubt, a Tenderer may, incidental to its performance
of service contracts that are not contracts on the supply services of
information technology contract staff nor contracts on the supply services
of contract staff (including information technology contract staff), hire
information technology contract staff to perform the service for clients.
The experience of the Tenderer and the number of information technology
contract staff supplied in this type of service contracts will not be counted;
(g)
experience in providing information technology professional services, such
as planning, development, maintenance and/or operation of information
technology systems/projects, will not be counted. For example,
experience in providing information technology professional services by a
Tenderer to the Government under the Standing Offer Agreement for
Quality Professional Services will not be counted;
(h)
a Tenderer’s experience gained by providing the supply services of
information technology contract staff to the Tenderer itself will not be
counted;
(i)
both local and non-local experience of the Tenderer will be counted;
(j)
for on-going contracts as at the Original Tender Closing Date, only the
experience gained by the Tenderer up to the date immediately before the
Original Tender Closing Date will be counted; and
(k)
a Tenderer is required to submit to the satisfaction of the Government the
documentary evidence to prove its experience claimed in Contract Schedule
2 of Part III. Any claimed experience not substantiated by documentary
evidence will not be counted.
6.5
A Tenderer that fails to comply with
any one of the essential requirements under
clauses 6.1, 6.2 and 6.3 above will not be further considered.
7.
Tenders to Remain Open
7.1
A Tender once submitted by a Tenderer will be binding on the Tenderer.
7.2
Tenders shall remain open and valid for acceptance for not less than two hundred
and seventy (270) days (the “tender validity period”) after the Tender Closing Date.
7.3
If a Tenderer does not state in its Tender the period for which the Tender is to remain
valid and open for acceptance, the tender validity period of that Tender will be two
hundred and seventy (270) days after the Tender Closing Date.
Part I – Terms of Tender
Page 17 of 45
Tender Ref: GCIO 5/2 (T25)
7.4
If a Tenderer offers in its Tender a period that is shorter than two hundred and seventy
(270) days, the Government will clarify with the Tenderer concerned, in which case
the Tenderer must confirm compliance with clause 7.2 within five (5) working days
or such other period as specified by the Government without any other change to the
Tender (except any change made in response to any clarification by the Government
pursuant to clause 10 of Part I). If the Tenderer fails to confirm compliance with
clause 7.2 within the specified deadline or, despite confirming compliance therewith,
introduces any change to the Tender not in response to any clarification by the
Government pursuant to clause 10 of Part I, its Tender will not be considered further.
8.
Company/Business Organisation Status
8.1
A Tenderer bidding for the Service may be a/an:
(a)
sole proprietor;
(b)
Partnership; or
(c)
limited company incorporated under the Companies Ordinance (Cap. 622).
8.2
A Tenderer is required to provide the following details relating to itself in Contract
Schedule 3 of Part III:
(a)
name and organisation structure of the Tenderer;
(b)
business status of the Tenderer: sole proprietor/Partnership/limited
company incorporated under the Companies Ordinance (Cap. 622);
(c)
names of shareholders/partners/proprietor of the company/business
organisation and their percentage of ownership;
(d)
names and residential addresses of the following:
(i)
managing directors/partners;
(ii)
other directors;
(iii)
sole proprietor;
(e)
a copy of a valid Business Registration Certificate and copies of other
documents evidencing its business status;
(f)
if the Tenderer is a company or body corporate, its Memorandum (if any)
and Articles of Association, a copy of the agreement made between its
shareholders (if any), Certificate of Incorporation, Certificate of Change
of Name (if any), and other corporate documents;
(g)
if the Tenderer, being an incorporated entity, is a company incorporated
in Hong Kong or has a principal place of business in Hong Kong, a copy
of the latest annual return filed with the Companies Registry;
Part I – Terms of Tender
Page 18 of 45
Tender Ref: GCIO 5/2 (T25)
(h)
place and date of its incorporation or formation;
(i)
company profile information of the Tenderer including the number and
location of full time/contract employees, core business strategies and
strength, and industry expertise;
(j)
a copy of the relevant document (e.g. board resolutions of the Tenderer if
it is a company) showing that the authorised person(s) who sign(s) the
Offer to be Bound has/have the authority to sign it for and on behalf of the
Tenderer; and
(k)
names and addresses of banks which are prepared to provide references or
other relevant financial data which indicate the financial viability of the
Tenderer.
8.3
If a Tenderer is incorporated, formed or established outside Hong Kong, a legal
opinion in form and substance satisfactory to the Government and issued by a lawyer
duly qualified to practise the laws of the place of incorporation, formation or
establishment (as the case may be) of the Tenderer and acceptable to the Government
shall be provided upon request by the Government on the following issues and any
other issues as may be required by the Government:
(a)
the Tenderer is duly incorporated, formed or established and validly
existing under the laws of the place of the Tenderer’s incorporation,
formation or establishment and that the Tenderer has full power, capacity
and authority to carry on the business as it is now conducting and to
provide the Service to the Government on the terms and conditions of the
proposed Contract;
(b) the Tenderer has the full power, authority and legal capacity to:
(i)
execute and submit its Tender and to incur the liabilities and
perform the obligations under the Tender Documents; and
(ii)
enter into and execute the Contract and to incur the liabilities and
perform the obligations thereunder;
(c)
the proposed Contract with the Government will, upon its formation
pursuant to clause 20.1 of Part I, constitute the legal, valid and binding
obligations of the Tenderer in the place of its incorporation, formation or
establishment and is enforceable against the Tenderer in accordance with
its terms;
(d)
the execution, delivery and performance of its Tender and the proposed
mode of execution, delivery and performance of the Contract (if awarded
to the Tenderer) have been duly authorised by all necessary corporate
action of the Tenderer, and does not violate any provision of any
applicable law, regulation or decree of the Tenderer’s place of
incorporation, formation or establishment, or the Memorandum and
Articles of Association or similar constitutional documents of the
Tenderer;
Part I – Terms of Tender
Page 19 of 45
Tender Ref: GCIO 5/2 (T25)
(e)
no authorisations, consents, approvals are required from any governmental
authorities or agencies or other official bodies in the place of
incorporation, formation or establishment in connection with the
execution and delivery of the Tenderer’s Tender, or the performance by
the Tenderer of its obligations under the Tender Documents and the
Contract;
(f)
the Tenderer’s Tender and the Contract need not be registered or filed in
the place of incorporation, formation or establishment in order to secure
their validity and/or priority;
(g)
there is no restriction under the laws of the place of the Tenderer’s
incorporation, formation or establishment affecting the Tenderer’s
obligations under the Tender Documents and the Contract;
(h)
the choice of the laws of Hong Kong to govern the Tender Documents and
the Contract is a valid choice of laws and would be recognised and given
effect to by the courts of the place of incorporation, formation or
establishment of the Tenderer; and
(i)
it is not necessary under the laws of the place of incorporation, formation
or establishment of the Tenderer that the Government be licensed,
qualified or otherwise registered in such place of incorporation,
formation or establishment in order to enable it to enforce its rights under
the Tender Documents and the Contract.
8.4
The Government may require a Tenderer to provide, at its own expense, additional
legal opinion satisfactory to the Government in all respects issued by a lawyer duly
qualified to practise the laws of the place of incorporation, formation or
establishment of the Tenderer and acceptable to the Government on any other
matters arising from its Tender.
9
Financial Vetting
9.1
A Tenderer is required to demonstrate its financial capability before it could be
considered for the award of the Contract. For this purpose, the Tenderer, upon the
written request of the Government, is required to provide without limitation the
following documents specified under this clause 9.1 and such other information as
may be required by the Government within five (5) working days of such request, or
the period specified in the request for information, for such financial vetting:
(a)
audited financial statements of the Tenderer for the past three (3) financial
years prior to its tender submission date are required:
(i)
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 Accounts. The financial statements shall be prepared
on the same basis for each year in accordance with accounting
Part I – Terms of Tender
Page 20 of 45
Tender Ref: GCIO 5/2 (T25)
principles generally accepted in Hong Kong and the disclosure
requirements of the Companies Ordinance (Cap. 622);
(ii)
the audited financial statements must be originals or copies
certified by its auditors;
(iii)
the latest financial statements must be for a period ending no more
than eighteen (18) months before its tender submission date;
(iv)
if the Tenderer is a Partnership, audited financial statements for
each of the partners of the Partnership are also required if the
partners are incorporated bodies;
(v)
if the Tenderer is a subsidiary of another company, both the audited
consolidated group financial statements and the company-only
financial statements reflecting the financial position and results of
the Tenderer itself are required;
(vi)
un-audited financial statements are acceptable only if a Tenderer is
an unincorporated business where audited financial statements are
not mandatorily required, or the Tenderer is a newly established
company where the first set of financial statements is not yet
available. The un-audited financial statements are required to be
certified by the sole proprietor, partners, directors of the Tenderer
or certified public accountants.
(b)
management accounts up to a period of not more than three (3) months
before the date of submitting the tender (if that has not been covered by the
latest audited financial statements) are also required. Such management
accounts are required to be certified by the sole proprietor, partners,
directors of the Tenderer or certified public accountants;
(c)
projected statement of profit or loss and other comprehensive income and
statement of cash flows of the contract for each contract year and pre-
operating period (if applicable) are required. The projected financial
statements should present the overall financial position incorporating the
existing and other new businesses of the Tenderer and also the Contract
under this tender. The statements should be prepared in the format at
Contract Schedule 4 of Part III. The assumptions used in preparing the
projections should be reasonable and clearly stated. All supporting
schedules and detailed calculations should also be provided. The
projection should at least include the projected revenue, details of operating
expenses, capital expenditure, sources of finance, and other particulars
showing how the Tenderer will deal with the Contract. The projected
statements are required to be certified by the sole proprietor, partners,
directors of the Tenderer or certified public accountants. For a
Partnership, separate certification from each partner of the Partnership is
required;
Part I – Terms of Tender
Page 21 of 45
Tender Ref: GCIO 5/2 (T25)
(d)
The Tenderer is required to provide documentary evidence showing
available financial resources or backing to fulfill the obligations under the
Contract. Such documents may include:
(i)
original letters from bankers confirming lines of credit facilities
available and the current undrawn/unutilized balances on or shortly
before the Tender Closing Date;
(ii)
original letters from bankers confirming balances of the Tenderer’s
bank accounts and deposits on or shortly before the Tender Closing
Date;
(iii)
agreements confirming long-term loans obtained or to be obtained
from parent company, directors, shareholders, partners and/or
proprietors;
(iv)
copies (certified by the Tenderer’s directors, company secretary or
sole proprietor/partners) of letters of undertaking, minutes of board
meetings and/or returns of allotment of shares, etc. to support
injections of capital or share capital; and
(v)
for unincorporated businesses/newly established businesses,
originals or certified true copies of tax records such as profits tax
assessments issued by the Inland Revenue Department for the past
three (3) financial years (if available).
9.2
In the case where the Tenderer is unable to provide adequate financial information
for a meaningful financial vetting or the Tenderer fails in the financial vetting to
demonstrate the financial capability for taking up the Contract, a performance bond,
by way of a banker’s guarantee issued by a bank which holds a valid banking licence
granted under the Banking Ordinance (Cap. 155) in Hong Kong, to guarantee the
fulfillment of the contractual obligation will be required in accordance with clause
24.1 of Part I.
9.3
In addition to the details specified above, the Tenderer should provide a summary of
financial information submitted according to the format at
Contract Schedule 5 of
Part III.
9.4
A Tenderer is requested to submit
one original,
two hardcopies and
one softcopy of
the documents as required by the Government in clauses 9.1 and 9.3 above.
9.5
A Tender which fails to comply with clauses 9.1, 9.3 and 9.4 above may not be
considered.
Part I – Terms of Tender
Page 22 of 45
Tender Ref: GCIO 5/2 (T25)
10.
Request for Information
10.1
In the event that the Government determines that:
(a)
clarification in relation to any Tender is necessary; or
(b)
a document or a piece of information, other than the documents or
information set out in clause 10.2 below is missing from any Tender,
it may, but is not obliged to, request the Tenderer concerned to make the necessary
clarification, or submit the requested document or information. Each Tenderer shall
thereafter within five (5) working days, or such other period as specified in the request
submit such clarification, information or document in the form required by the
Government. A Tender will not be considered further if 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. As an alternative to seeking clarification or
further information or document, the Government may not consider the Tender
further or may proceed to evaluate the Tender on an “as is” basis.
10.2
The documents and information not covered by clause 10.1 above are:
(a)
price information in Contract Schedule 1 of Part III in the Tender
Documents;
(b)
a signed “Offer to be Bound” in Part II of the Tender Documents; and
(c)
any other document or information in respect of which it is specified in
the Tender Documents that a failure to provide to the Government in a
Tender before the time and date specified in clause 5.5 of Part I will result
in the Tender not being considered.
10.3
The Government will not consider any clarification or information submitted by a
Tenderer after the Tender Closing Date irrespective of whether or not the
clarification or information is submitted at the invitation of the Government if the
Government considers that such clarification or information would alter the
Tenderer’s Tender in substance or give the Tenderer an advantage over the other
Tenderers.
11.
Counter-Proposals
11.1
A Tenderer must not submit any proposal that has the effect of varying or modifying
any essential requirements specified in the Tender Documents.
11.2
If a Tenderer fails to comply with clause 11.1 above, its Tender will be disqualified
and will not be further considered by the Government.
Part I – Terms of Tender
Page 23 of 45
Tender Ref: GCIO 5/2 (T25)
11.3
Subject to clause 11.1 above, if a Tenderer still wishes to submit a counter-proposal
(“Counter-Proposal”), the Counter-Proposal must be submitted in the following
manner:
(a)
the Counter-Proposal shall be attached to the “Offer to be Bound” in Part
II;
(b)
the original provision which the Counter-Proposal relates to should be
fully recited before the proposed alteration or deletion;
(c)
the proposed alteration to the original provision should be underlined and
should bear the corresponding clause number of the original provision
unless it is an addition;
(d)
if it is an addition, the additional provision should be underlined;
(e)
words to be deleted should be crossed out by a single line only; and
(f)
an explanation should be given below the alteration or deletion and put in
square brackets “[ ]”.
11.4
Any Counter-Proposal that is not submitted in accordance with clause 11.3 above
will not be considered by the Government and will not be regarded to form part of
the Tender submitted by a Tenderer. In such event, the Tenderer shall be deemed
to have agreed to the original term to which the Counter-Proposal relates and the
Government will continue to consider the Tenderer’s Tender on this basis.
11.5
Notwithstanding and without prejudice to the aforesaid, the Government may
negotiate with the Tenderer any Counter-Proposal but is not obliged to do so. The
Government may at its absolute discretion reject any Counter-Proposal. If
negotiation is conducted but fails, the Government may reject or exclude the
Counter-Proposal and assess the Tender as it is without the Counter-Proposal.
12.
Authenticity of Documents Submitted
12.1
All documents submitted by a Tenderer to the Government in relation to its Tender
shall be original documents or certified true copies of the original documents. If a
Tenderer fails to comply with this requirement or fails to provide such verification
as the Government may require to prove the authenticity of a document submitted to
the Government, the Government may not further consider the Tender.
13.
Assessment of Tender Proposals
13.1
Without prejudice to other rights and powers of the Government not to consider a
Tender under other applicable provisions in the Tender Documents, the evaluation
of a Tender will be conducted in accordance with the tender assessment procedures,
criteria and marking scheme as set out in
Annex B.
Part I – Terms of Tender
Page 24 of 45
Tender Ref: GCIO 5/2 (T25)
14.
Communication with the Government
14.1
All communications given or made by the Government or a Tenderer in relation to
the Invitation to Tender shall be in writing and sent or deliver to the other party in
the manner provided in clause 32 of the Conditions of Contract in Part IV, save that
the Government may, by prior notice to a Tenderer, require the Tenderer to send or
deliver a written communication by post or facsimile only. A Tenderer should
note that the Government will not accept the use of a postal box as the Tenderer’s
correspondence address for any purpose whether before or after the award of the
Contract.
15.
Basis of Acceptance
15.1
In anticipation of the demand for Service during the Term of Contract, the
Government intends to enter into Standing Offer Deed with no more than fifteen (15)
Tenderers who have made, in the opinion of the Government, the most advantageous
and conforming offers determined in accordance with these Terms of Tender in Part
I. It is at the sole discretion of the Government to decide the number of conforming
Tenders to be accepted.
16.
Tenderer’s Commitment
16.1
All Tenders, information and responses from a Tenderer must be submitted in
writing. Each of them is the representation of the Tenderer and will, if accepted by
the Government, be incorporated into and made part of the Contract in such a manner
as the Government considers appropriate.
16.2
The Government reserves the right not to consider a Tender that directly or indirectly
attempts to preclude or limit the effect of the requirement stated in clause 16.1 above.
16.3
The Tenderer must submit its Tender on the basis that it accepts and agrees to all the
terms and conditions of the Contract.
17.
Tenderer’s Liability
17.1
The Tenderer is expected to insure itself against all liabilities whether contractual or
otherwise. The Government will not accept any limitation or exclusion of liability
by the Tenderer. All terms and conditions in the Tender Documents are
requirements of the Government and must not be altered by the Tenderer.
18.
New Information
18.1
A Tenderer should inform the Government in writing immediately of any factor that
might affect its ability to meet any requirements of the Tender Documents. The
Government reserves the right not to consider a Tenderer’s Tender further if the
Tenderer’s continued ability to meet such requirements is in doubt.
Part I – Terms of Tender
Page 25 of 45
Tender Ref: GCIO 5/2 (T25)
19.
Terms to be Incorporated in the Employment Contracts of Relevant Employees
19.1
Tenderers should note that the Government is determined to apply the same
principles of clean Government, and with equal force, to the selected Contractors
and to the Relevant Employees of the selected Contractors engaged to provide the
Service under the Contract, and to detect and deter contravention of these principles.
Relevant Employees will be required to observe the same terms and conditions
applicable to government employees in this respect, for example, over acceptance of
advantages and conflicts of interest. The selected Contractors will be required to
incorporate in the contracts of employment of such Relevant Employees those terms
specified in Contract Schedule 6 of Part III.
20.
Formation of Contract
20.1
Unless and until the Standing Offer Deed in Part V of the Tender Documents has
been executed by a Tenderer and the Government, there is to be no contract between
the Government and the Tenderer concerned.
21.
Cost of Tender
21.1
A Tenderer shall submit its Tender at its own costs and expenses. The Government
shall not be liable for any costs and expenses whatsoever incurred by a Tenderer in
connection with the preparation or submission of its Tender, including all costs and
expenses relating to communication and negotiations with the Government, whether
before or after the Tender Closing Date.
22.
Government’s Right
22.1
A Tenderer acknowledges that:
(a)
the Government is not bound to accept the Tender with the lowest tender
price or the Tender with the highest combined score or any Tender and
reserves the rights to accept all or any part of any Tender at any time within
the tender validity period specified in clause 7 of Part I;
(b)
the Government may elect at its sole option to reject any Tender, if in its
opinion, the Tenderer is incapable of undertaking or fulfilling the
Contract;
(c)
with the adoption of the marking scheme, the conforming Tenders with
the highest combined scores obtained from the technical and the price
assessments should normally be recommended. It is the right of the
Government to decide the number of conforming Tenders to be
recommended and accepted;
(d)
without prejudice to other provisions of the Tender Documents, the
Government reserves the right to exclude a Tenderer for further
consideration of the Tender on grounds including: (i) bankruptcy; or (ii)
false declaration.
Part I – Terms of Tender
Page 26 of 45
Tender Ref: GCIO 5/2 (T25)
23.
Negotiation
23.1
The Government reserves the right to negotiate with any Tenderer the terms of the
Tenderer’s Tender and conditions of the Contract.
24.
Performance Bond
24.1
The successful Tenderer who is required to submit a performance bond to the
Government according to clause 9.2 of Part I shall submit the bond as set out in
clause 14 of Part IV at an amount equal to five (5) percent of the estimated total
value of this Contract equally divided by the number of successful Tenderers. If
the successful Tenderer has passed the financial vetting, it shall submit a
performance bond to the Government at an amount equal to two (2) percent of the
estimated total value of this Contract equally divided by the number of successful
Tenderers. The estimated total value of this Contract will be calculated using the
following formula:
Estimated
total =
Estimated requirements of respective staff categories as set
value of this
out in clause 2.3 of Part I of the Tender Documents x
Contract
Average of the Contract Ceiling Rates of respective staff
categories of the successful Tenderers x
22 work days (i.e. estimated work days per month) x
48 months (i.e. the Term of Contract)
24.2
The successful Tenderer must pay the performance bond by first demand banker’s
guarantee. The banker’s guarantee must comply with the following:
(a) it must be issued by a bank that holds a valid banking licence granted under the
Banking Ordinance (Cap. 155) and acceptable to the Government;
(b) the bank undertakes to meet the liability immediately upon the first written
demand from the Government. The terms of the banker’s guarantee must be
satisfactory to the Government;
(c) the banker’s guarantee must come into effect on the date of commencement of
the Term unless another date is specified by the Government.
24.3 The performance bond will be returned to the Contractor or released in accordance
with clause 14.4 of Part IV.
25.
Documents of Unsuccessful Tenderers
25.1
The Government may destroy all documents submitted by unsuccessful Tenderers
three (3) months after the Contract has been constituted under clause 20.1 of Part I.
Part I – Terms of Tender
Page 27 of 45
Tender Ref: GCIO 5/2 (T25)
26.
Environmental Protection
26.1
The following environmental 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.
Papers that exceeds eighty (80) gsm 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.
27.
Complaints about Tendering Process or Contract Award
27.1
The tendering process is subject to internal monitoring to ensure that the Contract is
awarded properly and fairly. Any Tenderer who feels that its Tender has not been
fairly evaluated may write to the Government Chief Information Officer who will
personally examine the complaint and refer it to the approving authority/relevant
tender boards for consideration if the complaint relates to the tendering system or
procedures followed. The Tenderer should lodge the complaint within three (3)
months after the award of the Contract.
28.
Provision of Personal Data
28.1
All personal data provided in a Tender will be used by the Government for the
purposes of the Invitation to Tender and all other purposes arising from or incidental
to it (including for the purposes of tender evaluation, the award of the Contract and
resolution of any dispute arising from the Invitation to Tender).
28.2
By submitting a Tender, a Tenderer is regarded to have agreed to, and to have
obtained from each individual whose personal data is provided in the Tender, his
consent for the disclosure, use and further disclosure by the Government of the
personal data for the purposes set out in clause 28.1 above.
28.3
An individual to whom personal data belongs and a person authorised by him in
writing has the right of access and correction with respect to the individual’s personal
data as provided for in sections 18 and 22 and Principle 6 of Schedule 1 to the
Personal Data (Privacy) Ordinance (Cap. 486). The right of access includes the
right to obtain a copy of the individual’s personal data provided in the Tender.
28.4
Enquiries concerning the personal data collected by means of the Invitation to
Tender, including the making of access and corrections, should be addressed to the
Personal Data Privacy Officer of the Office of the Government Chief Information
Officer.
Part I – Terms of Tender
Page 28 of 45
Tender Ref: GCIO 5/2 (T25)
29.
Consequence of Breaches of Statutory and Contractual Obligations
29.1
If a Tenderer is awarded the Contract, its consequent performance will be monitored
and may be taken into account when its future tender offers for other tenders /
quotations exercises are evaluated. A Tender may be rejected if, during the
twelve (12) months immediately before the Tender Closing Date or between the
Tender Closing Date and the award of the Contract, the Tenderer is in default in
respect of any Office of the Government Chief Information Officer’s contract which
is of the same or substantially similar nature.
29.2
A Contractor found to be in breach of its statutory or contractual obligations may be
disqualified from participation in future tenders, depending upon the seriousness
and/or the number of breaches. In addition, a Contractor may have criminal and/or
civil liability for these breaches including an obligation to compensate the
Government in damages.
30.
Cancellation of Tender
30.1
Without prejudice to the Government’s right to cancel the tender at its absolute
discretion or for public interest reasons, where there are changes of requirement after
the Tender Closing Date for operational or whatever reasons, the Government is not
bound to accept any conforming Tender and reserves the right to cancel the tender.
31.
Warning against Bribery
31.1
The offer of an advantage to any Government officer with a view to influencing the
award of the Contract is an offence under the Prevention of Bribery
Ordinance (Cap. 201). Any such offence committed by a Tenderer or any of its
officers (including directors), employees or agents will render its Tender null and
void.
31.2
The successful Tenderer shall inform its officers, employees (whether permanent or
temporary), agents and sub-contractors who are connected with the provision of the
Service that the soliciting or accepting of advantages, as defined in the Prevention
of Bribery Ordinance (Cap. 201) is not permitted. The successful Tenderer shall
also caution its officers (including directors), employees and agents and sub-
contractors against soliciting or accepting any excessive hospitality, entertainment
or inducement which may impair their impartiality in relation to the selection of its
sub-contractors, if any, or the supervision of the work of the sub-contractors once
selected.
32.
Warranty against Collusion
32.1
By submitting a Tender, the Tenderer is regarded to have represented and warranted
to the Government that in relation to the Invitation to Tender:
(a)
save with the prior written consent of the Government, it has not
communicated and will not communicate to any person other than the
Government the amount of any price submitted in its Tender;
Part I – Terms of Tender
Page 29 of 45
Tender Ref: GCIO 5/2 (T25)
(b)
it has not fixed and will not fix the amount of any price submitted in its
Tender by arrangement with any person;
(c)
it has not made and will not make any arrangement with any person as to
whether it or that other person will or will not submit a Tender; and
(d)
it has not otherwise colluded and will not otherwise collude with any
person in any manner whatsoever in the tendering process.
32.2
In the event that a Tenderer is in breach of any of the representations and/or
warranties in clause 32.1 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
Tender; and
(c)
if the Government has entered into the Contract with the Tenderer,
terminate the Contract.
32.3
By submitting a Tender, a Tenderer is regarded to have undertaken to indemnify and
keep indemnified the Government against all losses, damages, costs or expenses
arising out of or in relation to any breach of any of the representations and/or
warranties in clause 32.1 above.
32.4
A breach of a Tenderer of any of the representations and/or warranties in clause 32.1
above may prejudice its future standing as a Government contractor or service
provider.
32.5
Clause 32.1 above shall have no application to a Tenderer’s communications in strict
confidence with its own insurers or brokers to obtain an insurance quotation for
computation of the prices quoted in its Tender, or with its professional advisers,
consultants or sub-contractors to solicit their assistance in preparation of its Tender.
32.6
The rights of the Government under clauses 32.2 to 32.4 above are in addition to and
without prejudice to any other rights or remedies available to it against the Tenderer.
33.
Consent to Disclosure
33.1
The Government may disclose, whenever it considers appropriate, to the public or
upon request by any member of the public (which may have been a Tenderer)
without any further reference to or consent from the successful Tenderer or any other
Tenderer, particulars of the Service to be provided by the successful Tenderer, the
date of the award, the name and address of the successful Tenderer and the estimated
value of this Contract.
Part I – Terms of Tender
Page 30 of 45
Tender Ref: GCIO 5/2 (T25)
33.2
Nothing in clause 33.1 above shall prejudice the Government’s power to disclose
whenever it considers appropriate information of any nature whatsoever (whether or
not specified in clause 33.1 above) if the disclosure is made 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 agents, advisers, contractors 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 court or tribunal with competent jurisdiction; or
(e)
without prejudice to the power of the Government under clause 33.1
above, to the extent the information relates to a Tenderer, with the prior
written consent of that Tenderer.
34.
Government Discretion
34.1
Notwithstanding anything to the contrary in this Tender Documents, the Government
reserves the right to disqualify a Tenderer on grounds including any one of the
following:
(a)
a petition is presented or a proceeding is commenced which has not been
withdrawn as at the Tender Closing Date or an order is made or a
resolution is passed for the winding up or bankruptcy of the Tenderer;
(b)
the Tenderer has made or submitted a false, inaccurate or incomplete
statement or representation or a forged document in the Tender or in any
subsequent submission by the Tenderer or communication between the
Government and the Tenderer since submission of that Tender;
(c)
in the event of a claim alleging or the Government having grounds to
believe that any thing(s), service(s) or material(s) to be supplied or
recommended by the Tenderer in its Tender infringe or will infringe any
Intellectual Property Rights of any person;
(d)
the Tenderer has made significant or persistent breaches or deficiencies in
performance of any substantive requirement or obligation under any
Government or other contracts;
(e)
the Tenderer has been convicted by the final judgement in respect of
serious crimes or other serious offences;
(f)
in the event of the professional misconduct or acts or omissions that
adversely reflect on the commercial integrity of the Tenderer;
Part I – Terms of Tender
Page 31 of 45
Tender Ref: GCIO 5/2 (T25)
(g)
any failure of the Tenderer to pay taxes to the Government; or
(h)
the Tenderer has made any restrictions or limitations which seek to limit
or avoid the responsibility of the Tenderer in contract, tort or otherwise for
failing to exercise the skill and care required by the Contract, or reasonably
expected of the Tenderer/Contractor under the Contract in the Tender or
in any subsequent submission by the Tenderer or communication between
the Government and the Tenderer since submission of the Tender.
The grounds specified in clauses 34.1(a) to 34.1(h) above are separate and
independent, and shall not be limited by reference to or inference from the other of
them.
34.2
For the purposes of clause 34.1 above, each Tenderer is required to provide at the
time of submission of its Tender (and thereafter up to the time of award in relation
to any event occurring between the time of submission and the time of award) all
information at least in relation to itself that is reasonably relevant to facilitate the
Government’s determination as to whether to exercise its right of disqualification,
including but not limited to following:
(a)
details of any petition or proceeding mentioned in clause 34.1(a) above;
(b)
details of conviction of the Tenderer in Hong Kong or any overseas
jurisdictions in respect of (i) serious offences; and (ii) other offences
involving bribery, false accounting, corruption, dishonesty or employment
handed down any time during a period of five (5) years immediately before
the Tender Closing Date and thereafter up to the time of award;
(c)
details of all infringement claims as mentioned in clause 34.1(c) above;
and
(d)
details of all breaches or performance deficiencies of the Tenderer or a
related person as mentioned in clause 34.1(d) above.
If none of the events as mentioned in clauses 34.2(a) to 34.2(d) above has ever
occurred within the applicable period as mentioned above, the Tenderer shall
provide a statement to that effect by completing the relevant part of Contract
Schedule 7 of Part III of the Tender Documents at the time of submission of its
Tender. If found missing, the Government reserves the right to seek clarification
pursuant to clause 34.3 below.
34.3
In addition to the information mentioned in clause 34.2 above, the Government
reserves the right to request from a Tenderer and take into account information
about:
(a)
the Tenderer itself;
(b)
any of the directors or management staff of the Tenderer who conduct
similar business as the Tenderer or whose businesses any of which is
similar to the business of the Tenderer; and
Part I – Terms of Tender
Page 32 of 45
Tender Ref: GCIO 5/2 (T25)
(c)
any of the related persons of the Tenderer and of any directors and
management staff of the related persons who conduct similar business as
the Tenderer or whose businesses any of which is similar to the business
of the Tenderer,
and such information is reasonably relevant to facilitate the Government’s
determination as to whether to exercise its right of disqualification under clause
34.1 above.
Such information relating to any of the aforesaid persons may include, without
limitation, details of any conviction in respect of offences referred to in clause
34.2(b) above or details of any breaches or performance deficiencies referred to in
clause 34.1(d) above, details of any serious crimes or serious offences referred to
in clause 34.1(e) above, of any professional misconduct, acts or omissions referred
to in clause 34.1(f) above and of any failure to pay taxes to the Government referred
to in clause 34.1(g) above.
34.4
If the Tenderer fails to comply with the request made by the Government pursuant
to clause 34.3 above within such time as required by the Government or has
otherwise submitted false, inaccurate or incomplete information, the Government
may disqualify the Tenderer pursuant to clause 34.1(b) above.
34.5
In providing the information required under clauses 34.2 and 34.3 above, the
Tenderer may show cause to satisfy the Government that the petition, proceedings,
conviction record, infringement claim, breach or performance deficiency, or
professional misconduct, as the case may be, does not cast doubt on the fitness,
propriety or capability of the Tenderer to perform the Contract to be awarded in this
Invitation to Tender.
34.6
If the Tenderer is a company, the expression “related person” of the Tenderer
includes any one of the following:
(a)
a shareholder (corporate or individual) which directly or indirectly
beneficially owns fifty (50) percent or more of the issued share capital of
the Tenderer (“majority shareholder”);
(b)
a holding company or a subsidiary of the Tenderer;
(c)
a holding company or a subsidiary of a majority shareholder of the
Tenderer;
(d)
a company in which a majority shareholder (being an individual) of the
Tenderer directly or indirectly beneficially owns fifty (50) percent or more
of its issued share capital or controls the composition of its board of
directors.
The expressions “holding company” and “subsidiary” have the meanings given to
them in the Companies Ordinance (Cap. 622).
Part I – Terms of Tender
Page 33 of 45
Tender Ref: GCIO 5/2 (T25)
34.7
If the Tenderer is a sole proprietor or Partnership, the expression “related person”
includes any one of the following:
(a)
any partner of the Tenderer (if it is a Partnership);
(b)
the spouse, parent, child, brother or sister of the Tenderer, and, in deducing
such a relationship, an adopted child shall be deemed to be a child both of
the natural parents and the adopting parent, and a step child to be a child
of both the natural parent and of any step parent;
(c)
a company in which the Tenderer or any partner of the Tenderer
beneficially directly or indirectly owns fifty (50) percent or more of its
issued share capital or controls the composition of its board of directors.
34.8
References to related persons, directors and management staff of the Tenderer or of
a related person include persons who were in such capacity at such time of the
incident referred to in clauses 34.1(d), 34.1(e), 34.1(f), 34.1(g) or clause 34.2(b)
above.
35.
Tenderers’ Enquiries
35.1
Any enquiries from a Tenderer concerning the Tender Documents shall be made in
writing at least five (5) working days before the date of lodging its Tender to:
Government Chief Information Officer
Office of the Government Chief Information Officer
15/F., Wanchai Tower
12 Harbour Road, Wanchai
Hong Kong
(Attn: Senior Executive Officer (Administration)2)
E-mail:
[email protected] Facsimile: (852) 2573 7076
35.2
After lodging a Tender with the Government, the Tenderer shall not attempt to
initiate any further contact, whether direct or indirect, with the Government on its
Tender or this set of Tender Documents. The Government shall have the sole right
to initiate any such further contact and all such contacts and any replies of the
Tenderer thereto shall be in writing or formally documented in writing.
35.3
Unless otherwise expressly stated by the Government in writing, a statement made
by the Government (whether oral or written) in response to any enquiry made by a
prospective Tenderer shall be for information only. No such statement shall
constitute a representation or warranty by the Government of any nature whatsoever
(whether express or implied), and no invitation is made by the Government to any
Tenderer or potential Tenderer to rely on such statement. No such statement shall
form part of the Tender Documents or alter, negate or constitute a waiver of any
provision of the Tender Documents.
Part I – Terms of Tender
Page 34 of 45
Tender Ref: GCIO 5/2 (T25)
Annex A
Checklist for items to be submitted by Tenderers
The following is a summary of items that a Tenderer is required to submit. The summary table
below is
for reference only and Tenderers are advised to refer to the relevant clauses of this
Invitation to Tender for details of the requirements for compliance and provide supporting and
documentary evidence where appropriate.
Clause in Part I
Item Note 1
5.3 and 5.6
One original of each of the following: the duly signed “Offer to be Bound” in
Part II, and the completed Contract Schedule 2 of Part III – “Tenderer’s
Experience”, Contract Schedule 8 of Part III – “Service Assurance Plan and
Staff Management Plan” and Contract Schedule 9 of Part III – “Minimum
Monthly Wage Rate committed for Relevant Employees of Staff Category 1”
5.3 and 5.7
One original of Contract Schedule 1 of Part III - “Schedule of Contract
Ceiling Rates”
8.2
The completed Contract Schedule 3 of Part III – “Company/Business
Organisation Status of the Tenderer”
8.3
Legal opinion on the issues, including but not limited to, those listed in
clauses 8.3(a) to (i) of Part I
(applicable to a Tenderer which is incorporated, formed or established
outside Hong Kong)
(to be submitted upon request by the Government)
9
Financial Vetting
(to be submitted upon request by the Government)
9.1 (a)
Audited financial statements for the past three (3) financial years prior to the
tender submission date
9.1 (b)
Management accounts up to a period of not more than three (3) months before
the tender submission date
9.1 (c)
Projected statement of profit or loss and other comprehensive income and
statement of cash flows of the contract for each contract year and pre-operating
period (if applicable), provided in the format at Contract Schedule 4 in Part III.
9.1 (d)
Documentary evidence showing financial resources
Part I – Terms of Tender
Page 35 of 45
Tender Ref: GCIO 5/2 (T25)
Clause in Part I
Item Note 1
9.3
Summary of financial information submitted, provided in the format at
Contract Schedule 5 of Part III
9.4
One original, two hardcopies and one softcopy of the documents stipulated in
clauses 9.1 and 9.3 of Part I
34.2
The completed Contract Schedule 7 of Part III - “Information Schedule”
Note 1: Tenderers’ attention is drawn to the following clauses of Part I of the Tender Documents:
(i)
clause 5 “Requirements on Submission of Tender Proposals”;
(ii) clause 6 “Essential Requirements on Experience of Tenderers”;
(iii) clause 8 “Company/Business Organisation Status”;
(iv) clause 9 “Financial Vetting”;
(v)
clause 12 “Authenticity of Documents Submitted”;
(vi) clause 28 “Provision of Personal Data”; and
(vii) clause 34 “Government Discretion”.
Note 2:
Tenderers are reminded to submit their Tenders in triplicate, i.e. to provide one original
and two hardcopies, in accordance with clause 5.4 of Part I of the Tender Documents.
Failure to do so may render the Tender invalid.
Part I – Terms of Tender
Page 36 of 45
link to page 38
Tender Ref: GCIO 5/2 (T25)
Annex B
Tender Assessment Procedures and Marking Scheme
Part A – Tender Assessment Procedures
1.
A two-envelope approach with a technical to price weighting of 40:60 will be
adopted for tender assessment. All calculations of the weighted technical score, the
weighted price score and the combined score in Stages 3 to 5 respectively as detailed
below will be rounded to the nearest two decimal places Note
1.
2.
A tender assessment panel (TAP) will be formed for tender evaluation. The TAP
will evaluate the Tenders based on the tender requirements in five (5) stages, as set
out below:
Stage 1 – Completeness Checking
3.
A completeness check will be conducted by checking whether the Tender has been
submitted in accordance with the procedural requirements stipulated in the Tender
Documents.
If a Tenderer fails to submit any of the following
information/documents before 12:00 noon (Hong Kong Time) on the Tender
Closing Date, its Tender will not be considered further:
(a)
the duly signed Part II of the Tender Documents – “Offer to be Bound”;
and
(b)
the completed Contract Schedule 2 of Part III of the Tender Documents –
“Tenderer’s Experience”, Contract Schedule 8 of Part III – “Service
Assurance Plan and Staff Management Plan”, and Contract Schedule 9 of
Part III – “Minimum Monthly Wage Rate committed for Relevant
Employees of Staff Category 1”
Stage 2 – Assessment of Compliance with Essential Requirements
4.
A Tender which has passed Stage 1 assessment will be checked for its compliance
with the essential requirements as set out under clauses 6.1, 6.2 and 6.3 of Part I of
the Tender Documents. Any Tender which fails to meet any of the essential
requirements will not be considered further.
Note 1 Figures with the values at the third decimal place larger than or equals to 0.005 will be rounded up by adding
0.01 to the figures and curtailing the third decimal place onward whereas figures with the values at the third
decimal place below 0.005 will be rounded down by curtailing the third decimal place onward without changing
the values at the second decimal place.
Part I – Terms of Tender
Page 37 of 45
Tender Ref: GCIO 5/2 (T25)
Stage 3 – Technical Assessment (maximum weighted technical score : 40)
5.
A Tender which has passed Stages 1 and 2 assessment will be evaluated according
to the marking scheme at Part B of this Annex.
A Tenderer shall score a passing
mark of at least twelve (12) for each of Assessment Criterion 1 (Service
Assurance Plan) and Assessment Criterion 2 (Staff Management Plan)
respectively, or else its Tender will not be considered further.
6.
A Tenderer’s proposals in Contract Schedule 8 of Part III of the Tender Documents
for Assessment Criteria 1 and 2 should not be more than ten (10) pages in total in
A4 size paper for texts (with character font size not less than 12) and should be
numbered from page 1 to page 10.
Page(s) starting from page 11 will not be
considered in the tender assessment. Other information, including the related
annexes and documentary proof, if any, will not be included in counting of pages for
this purpose.
7.
The Tender which attains the highest overall mark among all Tenders which fulfill
the passing mark requirements will be given the highest weighted technical score of
40 and the remaining Tenders which fulfill the passing mark requirements will be
given a
weighted technical score in accordance with the following formula:
The overall mark of the Tender which has passed
Weighted
Stage 3 being assessed
=
40
X
technical score
The highest overall mark among all Tenders which
have passed Stage 3
Stage 4 – Price Assessment (maximum weighted price score : 60)
8.
Tenders which have passed Stage 3 assessment will be evaluated under Stage 4. A
Tenderer who has not submitted Contract Schedule 1 of Part III of the Tender
Documents, or has not specified any one of the Contract Ceiling Rates in Contract
Schedule 1 of Part III of the Tender Documents will not be considered further.
9.
The “tender price” will be calculated based on the Contract Ceiling Rates as
specified in Contract Schedule 1 of Part III of the Tender Documents using the
following formula:
Tender price = Estimated requirements of respective staff categories as set out in
clause 2.3 of Part I of the Tender Documents x
Respective Contract Ceiling Rates quoted by the Tenderer in
Contract Schedule 1 of Part III of the Tender Documents x
22 work days (i.e. estimated work days per month) x
48 months (i.e. the Term of Contract)
Part I – Terms of Tender
Page 38 of 45
Tender Ref: GCIO 5/2 (T25)
10.
The lowest tender price among all Tenders which have passed Stage 3 assessment
will be given the highest weighted price score of 60 and the remaining Tenders that
have passed Stage 3 will be given a
weighted price score in accordance with the
following formula:
The lowest tender price among
Weighted
all Tenders which have passed Stage 3
=
60 X
price score
The tender price of the Tender which has passed
Stage 3 being assessed
11.
Prompt payment price discount, if any, will not be considered in the price
assessment.
Stage 5 – Acceptance and Award of Contract
12.
The calculation of the
combined score of a Tender is as follows:
Combined score
=
Weighted technical
+
Weighted price
score
score
13.
Not more than fifteen (15) Tenders, starting from the one with the highest combined
score, will normally be recommended for acceptance. For Tenders with the same
combined scores, the one having the higher weighted price score will normally be
accorded a higher priority.
Part I – Terms of Tender
Page 39 of 45
Tender Ref: GCIO 5/2 (T25)
Part B – Marking Scheme
Nature of Service : Supply Services of Information Technology Contract Staff to the
Government of the Hong Kong Special Administrative Region
Tender Reference : GCIO 5/2 (T25)
Weighting (W)
Unit
Marks
Maximum
Remarks /
(See Note 1)
Assessment Criteria
Marks
Scored
Marks
Basis of
(M)
(M x W)
5
4
3
2
1
0
Assessment
1 Service Assurance Plan
(Passing Mark : 12 )
30
6
See Note 2
2
Staff Management Plan
(Passing Mark: 12 )
30
6
See Note 2
3
Tenderer’s experience in the
supply services of information
technology contract staff provided
to the Government, statutory
bodies in Hong Kong or aided
6
1.5
See Note 3
schools in Hong Kong in the five
(5) years immediately before the
Original Tender Closing Date
4
Minimum monthly wage rate
committed for Relevant
Employees of Staff Category 1
25
NA
See Note 4
(Maximum Overall Mark: 91)
See Note 5
Part I – Terms of Tender
Page 40 of 45
Tender Ref: GCIO 5/2 (T25)
Explanatory Notes for Marking Scheme
Tenderers shall note that they must meet all the essential requirements in clauses 6.1, 6.2
and 6.3 in Part I of the Tender Documents or their Tenders will not be further considered
under the marking scheme.
Note 1
Weighting
Tenderer’s proposals in respect of Assessment Criteria 1 to 4 will be rated as:
For Assessment Criteria 1 and 2
Weighting of 5, 4, 3, 2, 1 or 0 will be awarded.
For Assessment Criterion 3
Weighting of 4, 3, 2, 1 or 0 will be awarded.
For Assessment Criterion 4
In accordance with the rules set out in Note 4 below.
Assessment Criteria 1 and 2: Service Assurance Plan and Staff Management Plan
Note 2
Weighting
5
– Proposed plan is
practicable and provides
detailed information on
all items as
well as
good suggestion on
items (i) and (ii) of the respective Assessment
Criterion as listed in
Appendix I.
4
– Proposed plan is
practicable and provides
detailed information on
more than
two (2) items as well as
good suggestion on
either item (i) or (ii) of the respective
Assessment Criterion as listed in
Appendix I.
3
– Proposed plan is
practicable and provides
detailed information on
more than
two (2) items of the respective Assessment Criterion as listed in
Appendix I.
2
– Proposed plan is
practicable and provides
detailed information on
not more
than any two (2) items of the respective Assessment Criterion as listed in
Appendix I.
1
– Proposed plan is
practicable and provides
brief information on
all items of the
respective Assessment Criterion as listed in
Appendix I.
0
– Proposed plan is
impracticable or fails to provide information on
any item of
the respective Assessment Criterion as listed in
Appendix I.
Remarks:
(i) Information submitted by a Tenderer for each item of the respective Assessment Criterion listed in
Appendix I will be assessed as a whole.
(ii) Tenderer’s plans submitted in Contract Schedule 8 of Part III of the Tender Documents for Assessment
Criteria 1 and 2 should not be more than ten (10) pages in total in A4 size paper for texts (with
character font size not less than 12) and should be numbered from page 1 to page 10. Page(s) starting
from page 11 will not be considered in the tender assessment. Other information, including the
related annexes and documentary proof, will not be included in the counting of pages for this purpose.
(iii) Tenderers shall score a passing mark of at least twelve (12) for each of Assessment Criteria 1 and 2 or
their Tenders will not be considered further.
Part I – Terms of Tender
Page 41 of 45
Tender Ref: GCIO 5/2 (T25)
Assessment Criterion 3: Experience in the supply services of information technology contract
staff provided to the Government, statutory bodies in Hong Kong or aided schools in Hong Kong
in the five (5) years immediately before the Original Tender Closing Date
Note 3
Weighting
4 –
More than three hundred and sixty (360) days of experience in aggregate in the
supply services of information technology contract staff to client(s) in the
Government, statutory bodies in Hong Kong or aided schools in Hong Kong as
defined under Section 3 in Part I of the Education Ordinance (Cap. 279) in the
five (5) years immediately before the Original Tender Closing Date.
3 –
More than two hundred and seventy (270) days but not more than three
hundred and sixty (360) days of experience in aggregate in the supply services
of information technology contract staff to client(s) in the Government, statutory
bodies in Hong Kong or aided schools in Hong Kong as defined under Section 3
in Part I of the Education Ordinance (Cap. 279) in the five (5) years immediately
before the Original Tender Closing Date.
2 –
More than one hundred and eighty (180) days but not more than two hundred
and seventy (270) days of experience in aggregate in the supply services of
information technology contract staff to client(s) in the Government, statutory
bodies in Hong Kong or aided schools in Hong Kong as defined under Section 3
in Part I of the Education Ordinance (Cap. 279) in the five (5) years immediately
before the Original Tender Closing Date.
1 –
More than ninety (90) days but not more than one hundred and eighty (180)
days of experience in aggregate in the supply services of information technology
contract staff to client(s) in the Government, statutory bodies in Hong Kong or
aided schools in Hong Kong as defined under Section 3 in Part I of the Education
Ordinance (Cap. 279) in the five (5) years immediately before the Original Tender
Closing Date.
0 –
Not more than ninety (90) days of experience in aggregate in the supply services
of information technology contract staff to client(s) in the Government, statutory
bodies in Hong Kong or aided schools in Hong Kong as defined under Section 3
in Part I of the Education Ordinance (Cap. 279) in the five (5) years immediately
before the Original Tender Closing Date.
Remarks:
(i)
Tenderers shall provide the information in respect of their experience in the supply services of information
technology contract staff in Contract Schedule 2 of Part III of the Tender Documents and submit valid
documentary proof to substantiate their claims of experience. Any claimed experience not substantiated by
documentary proof to the satisfaction of the Government will not be taken into account.
(ii)
The experience of the Tenderer will be counted in calendar days in aggregate. For the experience of the
Tenderer gained from performing two (2) or more relevant contracts at the same time, the overlapping period of
such experience gained will only be counted once. For example, if a Tenderer has experience gained from two
(2) contracts in the supply services of information technology contract staff to the aided schools, the first contract
being from 1.1.2016 to 20.7.2016 (i.e. 202 calendar days) and the second contract being from 1.7.2016 to
31.1.2017 (i.e. 215 calendar days), the Tenderer will be considered as having 397 days of experience in aggregate
(excluding the overlapping period) for Assessment Criterion 3.
(iii)
The rules set out in clause 6.4 (except clause 6.4(i)) in Part I of the Tender Documents are equally applicable in
counting Tenderer’s experience for Assessment Criterion 3.
Part I – Terms of Tender
Page 42 of 45
Tender Ref: GCIO 5/2 (T25)
Assessment Criterion 4: Minimum Monthly Wage Rate committed for Relevant
Employees of Staff Category 1
Note 4 – The mark scored by each Tender will be determined by the following formula:
P – C
25 X
H – C
P = Minimum monthly wage rate committed for Relevant Employees of Staff
Category 1 of the Tender which has passed Stage 2 assessment being
considered
H = Highest minimum monthly wage rate committed for Relevant Employees
of Staff Category 1
among all Tenders which have passed Stage 2
assessment
C = “Median monthly wage by industry section (HK$): All employees” for
“Information and communications” of the latest year set out in the latest
edition of the “Report on Annual Earnings and Hours Survey” published by
the Census and Statistics Department (referred hereunder as the “median
monthly wage”) available on the Original Tender Closing Date.
Illustrative example
Marks scored
Marks scored =
P = HK$21,000
21,000 – 20,500
H = HK$22,000
25 X
22,000 – 20,500
C * = HK$20,500
= 8.33
*The figure quoted under “C” above is fictitious for illustrative purpose only.
Remarks :
(i)
For “Relevant Employees”, please refer to clause 1.1 of Part VI – Specifications of the Tender Documents.
For “Staff Category 1”, please refer to clause 2.3 of Part I of the Tender Documents.
(ii)
Tenderers shall specify in Contract Schedule 9 of Part III of the Tender Documents the minimum monthly
wage rate committed for Relevant Employees of Staff Category 1.
(iii) No mark will be given if the minimum monthly wage rate committed by a Tenderer for Relevant Employees
of Staff Category 1 is not higher than the “median monthly wage” available on the Original Tender Closing
Date.
(iv) If the minimum monthly wage rate committed by a Tenderer for Relevant Employees of Staff Category 1 is
lower than the “median monthly wage” available on the Original Tender Closing Date, the minimum
monthly wage rate committed by the Tenderer for Relevant Employees of Staff Category 1 will be deemed
to be equal to the “median monthly wage” available on the Original Tender Closing Date for the purpose of
tender evaluation.
(v)
Figures with the values at the third decimal place larger than or equals to 0.005 will be rounded up by adding
0.01 to the figures and curtailing the third decimal place onward whereas figures with the values at the third
decimal place below 0.005 will be rounded down by curtailing the third decimal place onward without
changing the values at the second decimal place.
Part I – Terms of Tender
Page 43 of 45
Tender Ref: GCIO 5/2 (T25)
Passing Marks
Note 5 Tenderers shall score the individual passing marks for each of Assessment Criteria 1 and
2 or their Tenders will not be considered further.
Part I – Terms of Tender
Page 44 of 45
Tender Ref: GCIO 5/2 (T25)
Appendix I
Service Assurance Plan and Staff Management Plan
Note :
Information provided by a Tenderer for each item of the Service Assurance Plan and
Staff Management Plan should be for the Contract to be awarded under the Tender.
Items covered in the Assessment Criterion
Service
(i)
Measures to make known to the public the professional human
Assurance Plan
resources/value-added services provided to the Government and
(Assessment
Relevant Employees to help foster a positive image of the
Criterion 1 of
Contractor in providing the supply services of information
Marking
technology contract staff (referred hereunder as the “supply
Scheme)
services”) to the Government
(ii)
Measures to cast a wider net of potential candidates for the
Government to select as Relevant Employees
(iii)
Measures to enhance communications with the Government in
ensuring the quality of the supply services to the Government
(iv)
Measures to review the quality of services provided by Relevant
Employees to the Government
Staff
(i)
Measures to reduce turnover and boost morale of Relevant
Management
Employees (e.g. providing Relevant Employees with fringe benefits
Plan
more favourable than the provisions under the Employment
Ordinance (Cap. 57))
(Assessment
Criterion 2 of
(ii)
Measures to update and upgrade the information technology
Marking
knowledge and skills of Relevant Employees (e.g. training, online
Scheme)
resources, etc.)
(iii)
Channels and procedures for handling complaints and enquiries
raised by Relevant Employees
(iv)
Measures to enhance Relevant Employees’ awareness of labour
protection and benefits they are entitled to under the laws and
contract
Part I – Terms of Tender
Page 45 of 45
Tender Ref: GCIO 5/2 (T25)
PART II
OFFER TO BE BOUND
(Failure to duly sign and return this Offer to be Bound with the Tender before 12:00 noon
(Hong Kong Time) on the Tender Closing Date will render the Tender invalid)
1.
Having read the Tender Documents, I/we agree to be bound by the terms and conditions
as stipulated therein.
2.
I/We do hereby agree to make a standing offer to perform as and when required by the
Government the Service as specified in the attached Contract which may, during the Term be
required, by or on behalf of the Government Representative to be carried out, at rates not
exceeding the Contract Ceiling Rates quoted by me/us in Contract Schedule I of Part III free of
all other charges, subject to and in accordance with the terms and conditions as stipulated in the
Tender Documents.
3.
I/We also certify that the particulars given by me/us below are correct:
(a)
Business Registration Certificate (No._______________________________)
which expires on ________________________________________________
(b)
Employee’s Compensation Insurance Policy (No. ______________________)
which expires on_________________________________________________
Name of Insurance Company _______________________________________
(c)
Mandatory Provident Fund Scheme
(MPFA Certificate No. ___________________________________________)
4.
When considered necessary by the Government Representative, I am/We are prepared
to pay the performance bond by _____________________________
5.
I am/We are duly authorized to bind the company hereinafter mentioned by my
signature.
- or -
I am a partner/We are partners in the firm hereinafter mentioned and duly authorized to
bind the said firm and the partners therein by my/our signature(s).
Part II – Offer to be Bound
Page 1 of 2
Tender Ref: GCIO 5/2 (T25)
6.
The name of the company/firm is
___________________________________________________________________________
___________________________________________________________________________
7.
The registered office of the company is situated at
___________________________________________________________________________
___________________________________________________________________________
- or -
The names and residential addresses of the partners of the firm are as follows:
__________________________________________________________________________
__________________________________________________________________________
8.
Name(s), post(s)/title(s) and address(es) of person(s) signing:
__________________________________________________________________________
__________________________________________________________________________
Authorised
Signature(s):
Dated this
day of
2018
Note: (i)
Please complete all the particulars required above.
(ii) Please strike out clearly alternatives which are not applicable.
Part II – Offer to be Bound
Page 2 of 2
link to page 50 link to page 51 link to page 53 link to page 55 link to page 55 link to page 57 link to page 59 link to page 59 link to page 62 link to page 63 link to page 66 link to page 66 link to page 67 link to page 67 link to page 67
Tender Ref: GCIO 5/2 (T25)
PART III
CONTRACT SCHEDULES
TABLE OF CONTENTS
1 SCHEDULE OF CONTRACT CEILING RATES ............................................................. 2
2 TENDERER’S EXPERIENCE ......................................................................................... 3
3 COMPANY/BUSINESS ORGANISATION STATUS OF THE TENDERER ................. 5
4 PROJECTED STATEMENT OF PROFIT OR LOSS AND OTHER COMPREHENSIVE
INCOME AND STATEMENT OF CASH FLOWS .......................................................... 7
5 SUMMARY OF FINANCIAL INFORMATION SUBMITTED ....................................... 9
6 TERMS AND CONDITIONS TO BE INCORPORATED IN THE CONTRACTS OF
EMPLOYMENT OF THE RELEVANT EMPLOYEES ................................................. 11
7 INFORMATION SCHEDULE ......................................................................................... 14
8 SERVICE ASSURANCE PLAN AND STAFF MANAGEMENT PLAN ...................... 15
9 MINIMUM MONTHLY WAGE RATE COMMITTED FOR RELEVANT
EMPLOYEES OF STAFF CATEGORY 1 ...................................................................... 18
10 STATEMENT OF MINIMUM INFORMATION TECHNOLOGY FACILITIES/
RESOURCES TO BE COMMITTED FOR INTERFACING ELECTRONICALLY
WITH THE GOVERNMENT ........................................................................................... 19
Part III – Contract Schedules
Page 1 of 20
Tender Ref: GCIO 5/2 (T25)
PART III
Contract Schedule 1
Schedule of Contract Ceiling Rates
(Failure to complete and return this Schedule with the Tender before 12:00 noon
(Hong Kong Time) on the Tender Closing Date will render the Tender invalid)
Name of Tenderer : ________________________________________
Staff
Staff Category
Contract Ceiling Rate
Category
[daily rate in HK$]
Number
6
Senior Project Manager
5
Project Manager
4
Senior Systems Analyst
3
Systems Analyst
2
Analyst/Programmer
1
Programmer
0
Junior Programmer
A
Senior Information Technology Assistant
B1
Information Technology Assistant
(shift duty)
B2
Information Technology Assistant
(non-shift duty)
Notes for Contract Schedule 1
Note 1: The “tender price” will be calculated and assessed according to paragraphs 9 to 11 at Annex B
of Part I.
Note 2: The prices (i.e. Contract Ceiling Rates) to be quoted by a Tenderer shall only be shown in this
Contract Schedule 1. Such prices as well as any other prices including the subsisting Contract
Ceiling Rates and Individual Rates to be quoted throughout the Term of the Contract shall be
net where applicable, include trade and cash discounts and all expenses incidental to the due and
proper performance of the Contract by the Contractor.
Note 3: Prices quoted in this Contract Schedule 1 are not subject to change after submission. Prices
shall be quoted for all staff categories of Relevant Employees in this Contract Schedule 1. Only
one single price is allowed for each staff category. A Tenderer shall quote the prices in Hong
Kong currency. Under no circumstances will a Tenderer be allowed to alter the information
provided in this Contract Schedule 1 after the submission of its Tender. Under no
circumstances will the Government accept any request for price amendment on the grounds that
a mistake has been made in the prices quoted.
Note 4: Without prejudice to the generality of the Terms of Tender in Part I, the Government may require
a Tenderer who in the opinion of the Government has submitted an unreasonably low price to
justify and demonstrate that such a Tenderer is capable of carrying out the Contract. The
Government may reject the Tender if the Tenderer fails to so justify and demonstrate to the
Government’s satisfaction.
Part III – Contract Schedules
Page 2 of 20
Tender Ref: GCIO 5/2 (T25)
PART III
Contract Schedule 2
Tenderer’s Experience
(Failure to complete and return this Schedule with the Tender before 12:00 noon
(Hong Kong Time) on the Tender Closing Date will render the Tender invalid)
Name of Tenderer : ________________________________________
Please provide the details of
Tenderer’s experience in this Contract Schedule 2 for “Stage 2
- Assessment of Compliance with the Essential Requirements” and “Stage 3 - Technical
Assessment” as set out in the tender assessment procedures at Annex B of Part I of the Tender
Documents.
A Tenderer is required to submit to the satisfaction of the Government the documentary
evidence to prove its experience claimed in this Contract Schedule 2.
Any claimed
experience not substantiated by documentary evidence will not be counted.
Table A Experience gained by the Tenderer in the supply services of information technology contract staff within the
five (5) years immediately before the Original Tender Closing Date
Name of
Whether the Client is
Name of Contract Note 1
Contract Period
Description of the
Client
Government, statutory
(from dd/mm/yyyy
Services Provided
bodies in Hong Kong,
to dd/mm/yyyy)
or aided schools in
Hong Kong? (Yes/No)
Part III – Contract Schedules
Page 3 of 20
Tender Ref: GCIO 5/2 (T25)
Table B
Information technology contract staff supplied to clients in the three (3) years immediately before the
Original Tender Closing Date
Name of
Name of Contract
Individual Staff
Post Title of
Commencement Date
Client
Reference Note 2
the Individual Staff
of Service of Individual
Note 3
Staff
(dd/mm/yyyy)
Notes for Contract Schedule 2
Note 1: Please fill in one contract for each row in Table A. Please add additional rows to Table A to
fill in the required information if necessary.
Note 2: The unique code or reference used by the Tenderer to identify individual staff. For example,
the identifier may be a specific staff number or code, or name of the staff.
Note 3: Please only include in Table B the information technology contract staff supplied but not
contract staff supplied for other types of services to clients. Please add additional rows to
Table B to fill in the required information if necessary.
Note 4: When completing this Contract Schedule 2, please refer to clause 6 and Annex B of Part I of
the Tender Documents.
Note 5: Please fill in Table A and Table B in chronological order based on the contract start date or
the commencement date of service of individual staff respectively.
Part III – Contract Schedules
Page 4 of 20
Tender Ref: GCIO 5/2 (T25)
PART III
Contract Schedule 3
Company/Business Organisation Status of the Tenderer
1.
Name of Tenderer: ______________________________________________________
2.
Business Status: Sole proprietor/Partnership/Limited company*
3.
Name(s) of shareholder(s)/partner(s)/proprietor of the company/business organisation*
and their percentage of ownership:
______________________________________________________________________
______________________________________________________________________
4.
Name(s) and residential address(es) of:
(a) Managing director(s)/partner(s)*
__________________________________________________________________
(b) Other director(s)
__________________________________________________________________
(c) Sole proprietor
__________________________________________________________________
5.
Place and date of incorporation or formation:
______________________________________________________________________
6.
Company profile information:
(a) Number and location of full time/contract employees:
__________________________________________________________________
(b) Core business strategies and strength:
__________________________________________________________________
__________________________________________________________________
(c) Industry expertise:
__________________________________________________________________
Part III – Contract Schedules
Page 5 of 20
Tender Ref: GCIO 5/2 (T25)
7.
Name(s) and address(es) of bank(s) which is/are* prepared to provide references or other
relevant financial data which indicate the financial viability of the Tenderer:
______________________________________________________________________
______________________________________________________________________
* Please delete whichever is not applicable.
Notes for Contract Schedule 3
Note 1: Please refer to clause 8.2 of Part I of the Tender Documents when completing this Contract
Schedule 3.
Note 2: Together with this Contract Schedule 3, a Tenderer is also required to provide the following
documents:
(i)
organisation structure of the Tenderer;
(ii)
a copy of a valid Business Registration Certificate and copies of other documents
evidencing the Tenderer’s business status;
(iii)
Memorandum (if any) and Articles of Association, a copy of the agreement made
between the Tenderer’s shareholders (if any), Certificate of Incorporation, Certificate
of Change of Name (if any), and other corporate documents, if applicable;
(iv)
a copy of the latest annual return filed with the Companies Registry, if applicable; and
(v)
a copy of the relevant document showing that the authorised person(s) who sign(s) the
Offer to be Bound has/have the authority to sign it for and on behalf of the Tenderer.
Part III – Contract Schedules
Page 6 of 20
Tender Ref: GCIO 5/2 (T25)
PART III
Contract Schedule 4
Projected Statement of Profit or Loss and Other Comprehensive Income
and Statement of Cash Flows
Name of Tenderer :_______________________________
(I)
Projected Statement of Profit or Loss and Other Comprehensive Income (Basic
elements that need to be included) Note 1 for the period 1 April 2017 to 31 March
2023 (6-Year Budget)
_______________________________________________________________
(Plan)
(Plan)
(Plan)
(Plan)
(Plan)
(Plan)
(Actual)
2022-23 2021-22 2020-21 2019-20 2018-19 2017-18 2016-17
(Expressed in HK$’000)
Revenue
xxx
xxx
xxx
xxx
xxx
xxx
xxx
Cost of sales
xxx
xxx
xxx
xxx
xxx
xxx
xxx
Gross profit
xxx
xxx
xxx
xxx
xxx
xxx
xxx
Other income:
x
x
x
x
x
x
x
Administrative expenses
x
x
x
x
x
x
x
Finance costs
x
x
x
x
x
x
x
Other expenses:
x
x
x
x
x
x
x
Profit before tax
xx
xx
xx
xx
xx
xx
xx
Income tax expense
(x)
(x)
(x)
(x)
(x)
(x)
(x)
Profit for the year
x
x
x
x
x
x
x
Other comprehensive income
x
x
x
x
x
x
x
Gain on property evaluation
x
x
x
x
x
x
x
Other comprehensive income
x
x
x
x
x
x
x
for the year
Total comprehensive
x
x
x
x
x
x
x
income for the year
Part III – Contract Schedules
Page 7 of 20
Tender Ref: GCIO 5/2 (T25)
(II) Projected Statement of Cash Flows Note 2 from April 2017 to March 2023 (6-Year
Budget)
________________________________________________________________
(←
By year →)
2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 Total
(Expressed in HK$’000)
Cash flows from operating
activities
Cash generated from operations
xxx
xxx
xxx
xxx
xxx
xxx
xxxx
Cash used in operations
(xx)
(xx)
(xx)
(xx)
(xx)
(xx)
(xxx)
Net cash from operating activities
xx
xx
xx
xx
xx
xx
xx
Cash flows from investing
activities
Interest received
x
x
x
x
x
x
x
Receipt from investment
x
x
x
x
x
x
x
Payment for investment activities
(x)
(x)
(x)
(x)
(x)
(x)
(x)
Net cash from investing activities
x
x
x
x
x
x
x
Cash flows from financing
activities Proceeds from loans and
x
x
x
x
x
x
x
borrowings
Repayment of loans and borrowings
(x)
(x)
(x)
(x)
(x)
(x)
(x)
Net cash used in financing activities
x
x
x
x
x
x
x
Cash and cash equivalents at
x
x
x
x
x
x
x
beginning of the month/1st April
Cash and cash equivalents at the
x
x
x
x
x
x
x
end of the month/ 31st March
Notes for Contract Schedule 4
Note 1: Please provide assumptions used in deriving the projected statement of profit or loss and other
comprehensive income.
Note 2: Please provide assumptions used in deriving the projected statement of cash flows.
Part III – Contract Schedules
Page 8 of 20
Tender Ref: GCIO 5/2 (T25)
PART III
Contract Schedule 5
Summary of Financial Information Submitted
1. Company Information
(a) Company Name of Tenderer
:
(b) Place of Incorporation
:
(c) Date of Incorporation (dd/mm/yyyy)
:
2. Financial Information
(a) Financial Statements for the past three (3) financial years provided? [√]
Yes
No
(i) Are Financial Statement with Auditors’
Yes
No
No
Report and Directors’ Report included? [√]
Please state
the period end dates of the accounts
(dd/mm/yyyy) (dd/mm/yyyy) (dd/mm/yyyy)
(ii) Statement of Financial Position (as at)
(iii) Statement of Profit or Loss and Other
Comprehensive Income (for the period ended)
(iv) Statement of Changes in Equity (for the period
ended)
(v) Statement of Cash Flows (for the period ended)
(vi) Notes to the Accounts
(b) Management accounts up to a period not earlier than three (3) months
Ye
s
No
before the date of submitting the tender (if that has not been
covered by the latest audited financial statements) provided? [√]
Part III – Contract Schedules
Page 9 of 20
Tender Ref: GCIO 5/2 (T25)
(c) Projected Financial Statement for each contract year provided? [√]
Ye
s
No
Please state
the period end dates of the accounts
(dd/mm/yyyy) (dd/mm/yyyy) (dd/mm/yyyy) (dd/mm/yyyy) (dd/mm/yyyy) (dd/mm/yyyy)
(i)
Income Statement of the contract
(for the period April 2017 to
March 2023)
(ii) Statement of Cash Flows of the
contract (for the period April
2017 to March 2023)
(iii) Income Statement of the
company (for the period April
2017 to March 2023)
(iv) Statement of Cash Flows of the
company (for the period April
2017 to March 2023)
(d) Assumptions in preparing the projected financial statement provided? [√]
Ye
s
No
(e) Please list the documentary evidence provided for the purpose of financial vetting set out in clause 9
of Part I:
(e.g. original letters from bankers confirming lines of credit facilities, long-term loan agreements, etc.)
(i)
(ii)
(iii)
(iv)
Part III – Contract Schedules
Page 10 of 20
Tender Ref: GCIO 5/2 (T25)
PART III
Contract Schedule 6
Terms and Conditions to be Incorporated
in the Contracts of Employment of the Relevant Employees
1. Prevention of Bribery
(a)
The Relevant Employee must be fully aware that soliciting or accepting of
advantages, as defined in the Prevention of Bribery Ordinance (Cap. 201) is a
serious crime and may also result in substantial civil liability. Without limitation,
the Relevant Employees must be aware that:
(i) offering any advantage to a public servant, as defined in Cap. 201, as an
inducement to or reward for or otherwise on account of that public servant’s
performing or abstaining from performing any act in his capacity as a public
servant, or expediting, delaying, hindering or preventing the performance of
an act, or assisting, favouring, hindering or delaying any person in the
transaction of any business with a public body, is an offence under section 4
of Cap. 201;
(ii) without the permission from the Employer, soliciting or accepting any
advantage as an inducement to or reward for or otherwise on account of their
doing or forbearing to do any act in relation to the Employer’s affairs or
business, or showing or forbearing to show favour or disfavour to any person
in relation to the Employer’s affairs or business is an offence under section 9
of Cap. 201; and
(iii) any person who, without lawful authority or reasonable excuse, while having
dealings of any kind with the Government through any department, office or
establishment of the Government, offers any advantage to any prescribed
officer employed in that department, office or establishment of the
Government, shall be guilty of an offence under section 8 of Cap. 201.
(b)
The Relevant Employee is prohibited from soliciting or accepting any advantage,
as defined in the Prevention of Bribery Ordinance (Cap. 201).
(c)
The Relevant Employee shall observe all Government rules and regulations on
“acceptance of advantages” and related matters as applied to civil servants. It is
the responsibility of the Relevant Employee to acquaint himself with all
Government rules and regulations including Civil Service Regulations, memo and
circulars issued and updated by the Government in respect of “acceptance of
advantages” and related matters from time to time.
Part III – Contract Schedules
Page 11 of 20
Tender Ref: GCIO 5/2 (T25)
2.
Outside Work
The Relevant Employee must obtain the consent of the Supervisor before taking up any
paid or unpaid outside work. For the purpose of this clause, “outside work” refers to
any work outside the scope of the Service or Service (RE) as appropriate.
3.
Insolvency and Bankruptcy
The Relevant Employee is required to immediately notify the Supervisor if proceedings
are taken against him with a view to bankruptcy. A Relevant Employee who becomes
insolvent or bankrupt, even though no proceedings have been taken against him, is
required to submit a complete statement of the facts of his case to the Supervisor at the
earliest possible moment.
4.
Conflict of Interest
(a)
The Relevant Employee must at all times avoid or declare, as appropriate, any
conflict that may arise or may have arisen, and which could have led to an actual
or apparent conflict between his private interests and his official duties or position.
Without limitation, the Relevant Employee must in particular:
(i) refrain from acquiring any investment or any financial or other interest which
may lead to a conflict of interest with his official duties;
(ii) refrain from taking part in the deliberation, decision-making, investigation or
enforcement process in connection with any matter in which he has a private
interest;
(iii) avoid putting himself in a position of obligation to anyone who has or may
have official dealing with the Government, including his own subordinate staff;
(iv) decline to provide assistance, advice or information to relations, friends, etc. in
connection with his work where this would give the recipient an unfair
advantage over other people, and refer all legitimate requests to the proper
subject officer to be dealt with in normal way; and
(v) report to the Supervisor any private interest that might influence, or appear to
influence, his judgment in the performance of his duties.
(b) The Relevant Employee shall observe
all Government rules and regulations on
“conflict of interest” and related matters as applied to civil servants. It is the
responsibility of the Relevant Employee to acquaint himself with all Government
rules and regulations including Civil Service Regulations, memo and circulars
issued and updated by the Government in respect of “conflict of interest” and
related matters from time to time.
Part III – Contract Schedules
Page 12 of 20
Tender Ref: GCIO 5/2 (T25)
5.
Obligation not to Disclose Confidential and Official Information
The Relevant Employee must be fully aware of his obligations under the provision on
“Confidential and Official Information” in clause 22 of Part IV of the Contract between
the Employer and the Government and the provisions of the Official Secrets Ordinance
(Cap. 521). Without limitation, the Relevant Employee must not disclose any
information which is sensitive to the operation of the Government or designated as
confidential by the Employer and the Government Representative or, without lawful
authority, as defined in Official Secrets Ordinance (Cap. 521), disclose any information
the disclosure of which results in the commission of an offence, facilitates an escape
from legal custody or the doing of any other act prejudicial to the safekeeping of persons
in legal custody, or impedes the prevention or detection of offences or the apprehension
or prosecution of suspected offenders, and which is or has been in his possession by
virtue of his position as a Relevant Employee. This provision shall survive the
termination of the contract of employment between the Employer and the Relevant
Employee.
6.
Obligation to Inform the Employer of Relevant Facts
Without prejudice to his other obligations to notify the Employer under the contract of
employment, the Relevant Employee must keep himself informed and immediately
inform in writing the Employer of any or all facts and matters incidental to and related
to his obligations under clauses 1 to 5 stated above.
7.
Obligation to Apply Professional Ethics at Work
The Relevant Employee must be fully aware of his obligation to apply the professional
ethics, which the Office of the Government Chief Information Officer has adopted for
its provision of information technology services throughout the Government by
personnel of the Analyst/Programmer and the Computer Operator Grades and equivalent.
Part III – Contract Schedules
Page 13 of 20
Tender Ref: GCIO 5/2 (T25)
PART III
Contract Schedule 7
Information Schedule
1. Information required under clause 34 (Government Discretion) of the Terms of
Tender
* (a) I / We confirm that none of the events as mentioned in clauses 34.2(a) to 34.2(d) of
the Terms of Tender has ever occurred.
* (b) I / We confirm that the following event(s) as mentioned in clauses 34.2(a) to 34.2(d)
of the Terms of Tender has occurred:
Date
Details of the Event
Note: * Please delete whichever is not applicable.
Sig
nature of Person
Name of
Authorised to Sign
Tenderer:
Tender:
N
ame in Block
Date:
Letters:
Part III – Contract Schedules
Page 14 of 20
Tender Ref: GCIO 5/2 (T25)
PART III
Contract Schedule 8
Service Assurance Plan and Staff Management Plan
(Failure to complete and return this Schedule with the Tender before 12:00 noon (Hong Kong
Time) on the Tender Closing Date will render the Tender invalid)
Name of Tenderer :_______________________________
A Tenderer shall submit the following plans for evaluation under Assessment Criteria 1 and 2
of the marking scheme at Part B of Annex B of Part I of the Tender Documents.
(A) Service Assurance Plan
(i) Measures to make known to the public the professional human resources/value-added
services provided to the Government and Relevant Employees to help foster a positive
image of the Contractor in providing the supply services of information technology
contract staff (referred hereunder as the “supply services”) to the Government
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
(ii) Measures to cast a wider net of potential candidates for the Government to select as
Relevant Employees
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Part III – Contract Schedules
Page 15 of 20
Tender Ref: GCIO 5/2 (T25)
(iii) Measures to enhance communications with the Government in ensuring the quality of the
supply services to the Government
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
(iv) Measures to review the quality of services provided by Relevant Employees to the
Government
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
(B) Staff Management Plan
(i) Measures to reduce turnover and boost morale of Relevant Employees (e.g. providing
Relevant Employees with fringe benefits more favourable than the provisions under the
Employment Ordinance (Cap. 57))
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
(ii) Measures to update and upgrade the information technology knowledge and skills of
Relevant Employees (e.g. training, online resources, etc.)
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Part III – Contract Schedules
Page 16 of 20
Tender Ref: GCIO 5/2 (T25)
(iii) Channels and procedures for handling complaints and enquiries raised by Relevant
Employees
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
(iv) Measures to enhance Relevant Employees’ awareness of labour protection and benefits
they are entitled to under the laws and contract
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Notes for Contract Schedule 8
Note 1: Information submitted by a Tenderer for each item of the respective Assessment Criterion listed
in Appendix I to the marking scheme at Part B of Annex B of Part I of the Tender Documents
will be assessed as a whole.
Note 2: Tenderer’s plans submitted in this Contract Schedule should not be more than ten (10) pages in
total in A4 size paper for texts (with character font size not less than 12) and should be
numbered from page 1 to page 10. Page(s) starting from page 11 will not be considered in the
tender assessment. Other information, including the related annexes and documentary proof,
will not be included in the counting of pages for this purpose.
Note 3: A Tenderer shall score a passing mark of at least twelve (12) for each of Service Assurance
Plan and Staff Management Plan under Assessment Criteria 1 and 2 of the marking scheme or
its Tender will not be considered further.
Part III – Contract Schedules
Page 17 of 20
Tender Ref: GCIO 5/2 (T25)
PART III
Contract Schedule 9
Minimum Monthly Wage Rate committed for
Relevant Employees of Staff Category 1
(Failure to complete and return this Schedule with the Tender before 12:00 noon (Hong Kong
Time) on the Tender Closing Date will render the Tender invalid)
Name of Tenderer :_______________________________
A Tenderer shall commit the minimum monthly wage rate for Relevant Employees of Staff
Category 1, i.e. Programmer, referred to in clause 2.3 of Part I of the Tender Documents.
Committed minimum monthly wage rate
(HK$)
Notes for Contract Schedule 9
Note 1: This Contract Schedule as completed by the successful Tenderer shall be incorporated into the
Contract, and become binding on the successful Tenderer. The successful Tenderer shall pay
the monthly wage to its Relevant Employees in accordance with clause 9 of Part IV of the
Tender Documents.
Note 2: No mark will be given under Assessment Criterion 4 of the marking scheme at Annex B of Part
I of the Tender Documents if the minimum monthly wage rate committed by a Tenderer for
Relevant Employees of Staff Category 1 is not higher than the “Median monthly wage by
industry section (HK$): All employees” for “Information and communications” of the latest
year set out in the latest edition of the “Report on Annual Earnings and Hours Survey”
published by the Census and Statistics Department (referred hereunder as the “median monthly
wage”) available on the Original Tender Closing Date.
Note 3: If the minimum monthly wage rate committed by a Tenderer for Relevant Employees of Staff
Category 1 is lower than the “median monthly wage” available on the Original Tender Closing
Date, the minimum monthly wage rate committed by the Tenderer for Relevant Employees of
Staff Category 1 will be deemed to be equal to the “median monthly wage” available on the
Original Tender Closing Date for the purpose of tender evaluation, and such presumption will
be revoked if the Tenderer concerned fails to confirm the correctness of this presumption upon
being clarified by the Government Representative at any time before the tender exercise is
completed. If upon clarification, the concerned Tenderer confirms that its committed
minimum monthly wage rate for Relevant Employees of Staff Category 1 is in fact higher than
the “median monthly wage” available on the Original Tender Closing Date, for tender
assessment purpose, the concerned Tender will still be assessed on the basis that the Tenderer’s
committed minimum monthly wage rate for Relevant Employees of Staff Category 1 is equal
to the “median monthly wage” available on the Original Tender Closing Date. However, the
higher minimum monthly wage rate committed by the Tenderer for Relevant Employee of Staff
Category 1 shall become binding if the Contract is awarded to the Tenderer concerned
subsequently.
Part III – Contract Schedules
Page 18 of 20
Tender Ref: GCIO 5/2 (T25)
PART III
Contract Schedule 10
Statement of Minimum Information Technology Facilities/Resources to be
Committed for Interfacing Electronically with the Government
Minimum Number
Item
of Item required
throughout the Term
of the Contract Note 1
Dedicated Server with the following configurations:
1
♦ Processor: Processor with 2 Cores, 2MB Cache, 2.5GHz, 64bit;
equivalent or above
♦ Memory: at least 4GB RAM
♦ Hard Drive: at least 80GB free space after the installation of operating
system and database software
♦ Ethernet LAN adaptor x 1
♦ Operating System:
Windows Server 2012 R2 Standard Edition
♦ Database:
SQL Server 2014 R2 Standard Edition
♦ Others:
Anti-virus tools that are able to offer protection against viruses,
adware, spyware and malware and updated with latest signature
file; system patches shall be regularly downloaded and applied
Dedicated Personal Computer with the following configurations:
1
♦ Processor: Processor with 2 Cores, 2MB Cache, 3GHz; equivalent or
above
♦ Memory: at least 4GB RAM
♦ Hard Drive: 80GB or more
♦ Ethernet LAN adaptor x 1
♦ Operating System: Windows 7/8.1/10 Professional Edition
♦ Others:
Anti-virus tools that are able to offer protection against viruses,
adware, spyware and malware and updated with latest signature
file; system patches shall be regularly downloaded and applied
The dedicated Personal Computer will act as the messaging
gateway and shall be placed in the demilitarized zone (DMZ) of
the Contractor’s network
Part III – Contract Schedules
Page 19 of 20
Tender Ref: GCIO 5/2 (T25)
Minimum Number
Item
of Item required
throughout the Term
of the Contract Note 1
Personal Computer with the following configurations:
1
♦ Processor: Processor with 2 Cores, 2MB Cache, 3GHz; equivalent or
above
♦ Memory: at least 4GB RAM
♦ Hard Drive: 80GB or more
♦ Ethernet LAN adaptor x 1
♦ Operating System: Windows 7/8.1/10 Professional Edition
♦ Others:
Anti-virus tools that are able to offer protection against viruses,
adware, spyware and malware and updated with latest signature
file; system patches shall be regularly downloaded and applied
Client access licenses required are listed at below:
-
SQL Server 2014 R2 client access license
-
Windows Server 2012 R2 client access license
Other requirements:
♦ Broadband Internet connection access
1
♦ Fixed Internet IP address (with NAT IP address) for message
1
exchange with the Government
♦ Dedicated Internet e-mail account
1
♦ Mail client of any kind such as MS Outlook Express V6.0 or above,
1
that can handle conventional SMTP mail protocol over the Internet
♦ Hongkong Post e-Cert (Organizational) Certificate
1
♦ On-site technical staff for setting up and maintaining the electronic
1
interfaces with the Government
Note for Contract Schedule 10
Note 1: Please refer to clause 9.1(a) of Part VI of the Tender Documents.
Part III – Contract Schedules
Page 20 of 20
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Tender Ref: GCIO 5/2 (T25)
PART IV
CONDITIONS OF CONTRACT
TABLE OF CONTENTS
1.
TERM ........................................................................................................................ 3
2.
CONTRACTOR’S ACKNOWLEDGEMENT .......................................................... 3
3.
CONTRACT RATES ................................................................................................. 4
4.
RELEVANT EMPLOYEES ...................................................................................... 6
5.
PERIOD OF SERVICE (RE) ..................................................................................... 7
6.
MONITORING THE PERFORMANCE OF SERVICE ........................................... 8
7.
CONTRACTOR’S UNDERTAKING ..................................................................... 10
8.
SERVICE ASSURANCE AND STAFF MANAGEMENT PLANS ....................... 12
9.
WAGES .................................................................................................................... 12
10.
PAYMENT FOR SERVICE ..................................................................................... 13
11.
INSURANCE........................................................................................................... 14
12.
LIABILITY FOR DAMAGES OR COMPENSATION .......................................... 15
13.
MANDATORY PROVIDENT FUND ..................................................................... 16
14.
PERFORMANCE BOND........................................................................................ 16
15.
PRE-COMMENCEMENT ARRANGEMENTS ..................................................... 17
16.
RELATIONSHIP OF PARTIES ............................................................................... 17
17.
ASSIGNMENT AND SUB-CONTRACTING ....................................................... 17
18.
DISCLOSURE OF INFORMATION ...................................................................... 18
19.
PUBLICITY............................................................................................................. 18
20.
INTELLECTUAL PROPERTY RIGHTS ............................................................... 19
21.
SOFTWARE ASSET MANAGEMENT ................................................................. 20
22.
CONFIDENTIAL AND OFFICIAL INFORMATION ........................................... 21
Part IV – Conditions of Contract
Page 1 of 35
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Tender Ref: GCIO 5/2 (T25)
23
CONTRACTOR’S OBLIGATION TO INFORM GOVERNMENT OF
RELEVANT FACTS ................................................................................................ 22
24.
CONFLICT OF INTEREST .................................................................................... 23
25.
PREVENTION OF BRIBERY ................................................................................ 24
26.
TERMINATION OF CONTRACT ......................................................................... 25
27.
TERMINATION CONSEQUENCES...................................................................... 25
28.
SET-OFF .................................................................................................................. 27
29.
COSTS AND EXPENSES ....................................................................................... 27
30.
GOVERNING LAW ................................................................................................ 27
31.
CHANGE OF ADDRESS ........................................................................................ 27
32.
NOTICES................................................................................................................. 27
33.
FORCE MAJEURE ................................................................................................. 27
34.
SEVERABILITY ..................................................................................................... 29
35.
WAIVER .................................................................................................................. 29
36.
ENTIRE AGREEMENT .......................................................................................... 30
37.
ASSISTANCE IN LEGAL PROCEEDINGS .......................................................... 30
38.
ORDER OF PRECEDENCE ................................................................................... 30
39.
CONTRACTS (RIGHTS OF THIRD PARTIES) ORDINANCE ........................... 31
40.
RETENTION OF RECORDS ................................................................................. 31
ANNEX 1 –
FORM OF CONTRACTOR’S PERFORMANCE BOND ............................ 32
Part IV – Conditions of Contract
Page 2 of 35
Tender Ref: GCIO 5/2 (T25)
1.
Term
1.1
The Term of the Contract is a period of forty-eight (48) months. During the
Term, the Contractor agrees to provide the Service as and when required by the
Government in accordance with the terms and conditions set out in this Contract.
1.2
The Government shall have the right to extend the Term of this Contract by giving
a month’s prior notice to the Contractor and the Contractor shall in that event
provide the Service on the same terms and conditions (save for the right to further
extension of the Contract) for a further period of not exceeding six (6) months.
1.3
Without prejudice to the Government’s right to extend the Term of the Contract
pursuant to clause 1.2 above, the Government shall, at its absolute discretion,
extend the Term for the purpose of transitioning the Service from this Contract to
any subsequent contracts to be entered into between the Government and any
party (including the Contractor). For the Contractor’s reference purpose, the
period of extension of the Term of this Contract shall normally be no more than
two (2) months. In the event that the Contractor has also entered into any
subsequent contracts with the Government, the period of extension of the Term
shall normally be no more than three (3) months.
1.4
The extension periods in clause 1.3 herein are subject to change and shall be
determined by the Government at its absolute discretion. Contractor agrees and
acknowledges that the actual extension periods might or might not exceed the said
extension periods.
2.
Contractor’s Acknowledgement
2.1
The Contractor acknowledges and agrees that it has been supplied with sufficient
information to enable it to provide to the Government the Service, which shall
comply fully with the requirements set out in Part VI – 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 nor fact relating to the
Specifications or any other provisions of the Contract.
2.2
The Contractor acknowledges that the Government does not give any exclusive
right to the Contractor to provide the Service to the Government and that the
Government may enter into similar contracts with any third party before and
during the Term (including any extended period), including but not limited to the
following purposes:
(a)
the transition of similar services provided by any Government’s
contractor or agent to the Service under this Contract; and
(b)
the transition of Service from this Contract to any subsequent contracts
to be entered into between the Government and any party (including
the Contractor).
Part IV – Conditions of Contract
Page 3 of 35
Tender Ref: GCIO 5/2 (T25)
3.
Contract Rates
3.1
The Contractor is required to provide the Service as and when required. Service
fee payable will be based on the period engaged of the Relevant Employees at
rates not exceeding the Contract Ceiling Rates of the Relevant Employees. At
the absolute discretion of the Government, the Contract Ceiling Rates may be
adjusted downwards or upwards from time to time in accordance with clauses 3.2
and 3.3 below.
3.2
The Contract Ceiling Rates may be adjusted downwards under the following
circumstances. No more than once in every three (3) months throughout the
Term of the Contract, the Government may by written notice call upon the
Contractor to propose reduced Contract Ceiling Rates. The notice may specify
the date by which the Contractor has to submit its proposal and the date on which
the reduced Contract Ceiling Rates will take effect. The Contractor must submit
the proposal in writing to the Government Representative in accordance with the
requirements stipulated in the relevant notice. The reduced Contract Ceiling
Rates as proposed by the Contractor shall be less than the Contract Ceiling Rates
subsisting at the time of submission of its proposal. The Government may
require the Contractor to revise its proposal to the Government’s satisfaction.
The Government is under no obligation to accept any of the Contractor’s
proposals. Where the Government is not satisfied with the Contractor’s
proposal or revised proposal, it is at liberty to specify reduced Contract Ceiling
Rates applicable to the Relevant Employees without taking into account the
Contractor’s proposals. If the Government accepts the Contractor’s proposed
reduced Contract Ceiling Rates or if the Government specifies reduced Contract
Ceiling Rates, it may notify the Contractor a date or a revised date, as the case
may be, on which the reduced Contract Ceiling Rates will take effect. The
reduced Contract Ceiling Rate shall not take effect retrospectively. The reduced
Contract Ceiling Rates shall take effect from that date until the date they are
further adjusted under this clause.
3.3
The Contract Ceiling Rates may be adjusted upwards annually under the
following circumstances. The Contractor agrees that there shall be no annual
percentage adjustment to the Contract Ceiling Rates during the initial twelve (12)
months period of the Term. Thereafter, the Government may by notice request
the Contractor to propose an annual percentage adjustment against the Contract
Ceiling Rates. The notice may specify the date by which the Contractor is
required to submit its proposal (“submission date”) and the date on which the
revised Contract Ceiling Rates will take effect. The Contractor must submit the
proposal in writing to the Government Representative in accordance with the
requirements stipulated in the relevant notice. The adjustment proposed by the
Contractor shall not be retrospective. When preparing the proposal, the
Contractor may make reference to the Government Consumer Price Index (B)
identified as “average for the 12 months ended [month] [year] compared with the
average for the 12 months ended [month] [year]” on the latest main statistics of
consumer price indices and which is published by the Census and Statistics
Department and available on the submission date. The Government is under no
obligation to accept any proposal and has the absolute right to determine any
percentage adjustment applicable to the Contract Ceiling Rates by taking into
Part IV – Conditions of Contract
Page 4 of 35
Tender Ref: GCIO 5/2 (T25)
account all relevant factors, including but not limited to the proposal of the
Contractor. Under no circumstance shall the percentage adjustment exceed the
latest civil service pay adjustment applicable to civil servants in the middle salary
band announced by the Government and available on the submission date. Once
the Government has determined the percentage adjustment, the Contract Ceiling
Rates shall be adjusted and the adjusted Contract Ceiling Rates will take effect on
a date or a revised date, as the case may be (effective date), to be specified by the
Government. The increased Contract Ceiling Rates shall take effect from the
effective date until the date they are further adjusted under this clause.
3.4
A Contractor bidding for the Service should take into account the relevant
Contract Ceiling Rates subsisting at the time of its bid when proposing the
Individual Rates for Relevant Employees to the Government. The Individual
Rate to be quoted by the Contractor in proposing the Relevant Employee for
selection by the Government under clause 4.4 of Part VI shall not exceed the
subsisting Contract Ceiling Rate applicable to the Relevant Employee.
3.5
When a Contractor bids for the Service, the Government may select the Relevant
Employees and accept the Individual Rates for Relevant Employees proposed by
a Contractor. The Contractor will be paid on a time basis based on the actual
amount of work performed in accordance with the Individual Rates as accepted.
Such Individual Rates may be adjusted upwards or downwards in accordance with
clauses 3.6 and 3.7 below.
3.6
For upward adjustment of Contract Ceiling Rates, the Individual Rate of a
Relevant Employee will be adjusted upwards by the same percentage that
Contract Ceiling Rates may be adjusted upwards. The adjustment of the
Individual Rate will take effect on the same date that the Contract Ceiling Rate
applicable to the Relevant Employee is adjusted. The Contractor shall adjust the
wages payable to the Relevant Employee upwards by a percentage no less than
the percentage of upward adjustment to the Contract Ceiling Rates determined by
the Government. The adjustment to the wages payable to the Relevant
Employees shall take effect on the same date that the Contract Ceiling Rate
applicable to the Relevant Employee is adjusted.
3.7
For downward adjustment of Contract Ceiling Rates, if the Individual Rate of the
Relevant Employee is lower than or equal to the adjusted Contract Ceiling Rate
of the Relevant Employee, there will not be any adjustment of the Relevant
Employee’s Individual Rate. If the Individual Rate of the Relevant Employee is
higher than the Contract Ceiling Rate applicable to the Relevant Employee, the
Relevant Employee’s Individual Rate shall be revised downward to an amount
equivalent to the adjusted Contract Ceiling Rate applicable to the Relevant
Employee. The adjustment shall be effective only on the date of (i)
commencement of the service engagement of; or (ii) where applicable, the
extension of the Period of Service (RE) of the Relevant Employee.
Part IV – Conditions of Contract
Page 5 of 35
Tender Ref: GCIO 5/2 (T25)
4.
Relevant Employees
4.1
The Contractor must:
(a)
make available the Relevant Employees to the Government to perform
the Service (RE) in accordance with the requirements stipulated in the
Specifications in Part VI;
(b)
ensure that the Relevant Employees comply with the conditioned hours
of work and other conditions specified in the Specifications in Part VI;
(c)
ensure that the Relevant Employees comply with the provisions of this
Contract, in particular, the provisions on prevention of bribery, conflict
of interest and obligation not to disclose confidential and official
information, and their statutory obligations under the Prevention of
Bribery Ordinance (Cap. 201)
and the Official Secrets
Ordinance (Cap. 521);
(d)
incorporate the terms specified in Contract Schedule 6 of Part III in the
contract of employment of the Relevant Employees;
(e)
ensure and confirm that the terms of the contract of employment
mentioned in clause 4.1(d) above fully comply with the provisions of
the employment legislation including the Employment Ordinance (Cap.
57), the Minimum Wage Ordinance (Cap. 608) and the Employees’
Compensation Ordinance (Cap 282);
(f)
ensure and confirm that the contract of employment mentioned in
clause 4.1(d) above does not contain any terms contrary to the
provisions of this Contract;
(g)
obtain the approval in writing from the Government Representative
before giving any permission for any Relevant Employee to receive an
advantage or to take up any outside work; and
(h)
immediately notify in writing the Government Representative of
particulars of any breach of professional ethics, conflict of interest,
acceptance of advantage, insolvency, bankruptcy or disclosure of
confidential and official information affecting the Relevant Employees
whenever any of these come to its notice.
4.2
Relevant Employees are not employees or agents of the Government. The
appointment of any Relevant Employee to perform the Service (RE) shall not
relieve the Contractor from any liability or obligation under this Contract. The
Contractor shall be responsible for the acts, default, neglect or omission of any
Relevant Employee or other employees, officers, agents and contractors of the
Contractor in the performance or purported performance of the Service or
Service (RE) as appropriate as if they were the acts, default, neglect or omission
of the Contractor.
Part IV – Conditions of Contract
Page 6 of 35
Tender Ref: GCIO 5/2 (T25)
4.3
The Government has the absolute right to reject any of the Relevant Employees
or require the Contractor to terminate the service of the Relevant Employee in
situations including but not limited to the following:
(a)
the Relevant Employee refuses to make declaration on his previous
criminal conviction record;
(b)
the Relevant Employee refuses to give consent to the Government to
conduct checking on his previous criminal conviction records if
required by the Government; or
(c)
the Relevant Employee is found to have previous criminal conviction
records, and in the opinion of the Government Representative, he is not
suitable to perform the Service (RE).
5.
Period of Service (RE)
5.1
The Period of Service (RE) of the Relevant Employee shall be of varying duration
but generally shall not be less than one (1) month.
5.2
The Government may issue to the Contractor Notice of Service (RE) more than
seven (7) calendar days prior to the commencement day of service of the Relevant
Employee (“commencement day of Service (RE)”). The Contractor is required
to notify the Government at least seven (7) calendar days prior to the
commencement day of Service (RE) if the Relevant Employee is not going to
report for duty.
5.3
The Contractor is required to give notice to the Government if a Relevant
Employee resigns before completion of his service. For all Relevant
Employees, if no prior notice or less than one (1) month’s notice is given, the
Contractor is liable to pay to the Government fourteen (14) days’ payment for
service of such Relevant Employee. For Relevant Employees of Staff
Categories 3, 4, 5 or 6 as defined in clause 2.3 of Part I, if no less than one (1)
month’s notice but less than two (2) months’ notice is given, the Contractor is
liable to pay to the Government seven (7) days’ payment for service of such
Relevant Employee.
5.4
If the Government Representative is of the opinion that the Contractor has failed
to ensure that the Relevant Employee has been providing the Service (RE)
properly, or satisfactorily, or the Relevant Employee is found in the opinion of
the Government Representative to be incompetent, inattentive or to conduct
himself improperly (the Government’s decision shall be final in this matter), the
Government Representative shall be entitled to request the Contractor to
terminate the service of such Relevant Employee. The Contractor shall comply
with such request without delay.
Part IV – Conditions of Contract
Page 7 of 35
Tender Ref: GCIO 5/2 (T25)
5.5
The Government shall be entitled, by giving prior notice to the Contractor, to:
(a)
cancel or earlier terminate the Period of Service (RE) of the Relevant
Employee; or
(b)
vary or extend the Period of Service (RE) of the Relevant Employee to
any period as may be specified by the Government.
5.6
In the event that the Government exercises the right under clause 5.5 above, the
Contractor shall not be entitled to claim for any additional payment.
5.7
In the event that the Government extends the Period of Service (RE) of the
Relevant Employee by exercising the right under clause 5.5 above, the Contractor
shall make available the Relevant Employee to continue and complete the Service
(RE) after the Period of Service (RE) is extended. The Government may issue
to the Contractor prior notice of more than seven (7) calendar days to confirm the
extended Period of Service (RE). The Contractor is required to give the
Government at least seven (7) calendar days’ prior notice if the Relevant
Employee is not available to continue and/or complete the Service (RE) for the
extended Period of Service (RE).
5.8
A sum payable by the Contractor under this clause shall be made by deduction
from any amount due to the Contractor by the Government or the delivery by the
Contractor to the Government of a credit note issued for the same amount in
favour of the Government. In the event that the Government decides that a
credit note is required, the credit note must be issued and settled in full by the
Contractor to the Government within the period as specified by the Government.
5.9
Unless otherwise specified by the Government from time to time during the Term
of this Contract, a Relevant Employee may, after completion of his current Period
of Service (RE), be engaged by any Contractor to provide Service (RE) to the
Government.
6.
Monitoring the Performance of Service
6.1
Prior to the commencement of the Service, the Contractor shall appoint, subject
to the Government Representative’s approval, a representative who shall have full
authority to make all necessary decisions regarding performance of the Service
under this Contract on behalf of the Contractor.
6.2
The representative shall be readily available throughout the Term to liaise with
and take instructions from the Government Representative.
6.3
The representative shall attend all meetings convened by the Government
Representative to discuss with the Government Representative and monitor the
progress and performance of the Service.
Part IV – Conditions of Contract
Page 8 of 35
Tender Ref: GCIO 5/2 (T25)
6.4
The contracting parties shall arrange for their representatives to meet at regular
intervals during the Term to monitor the progress in respect of the performance
of the Service.
6.5
The Government Representative shall at any time be entitled to inspect the
Service performed and check the Contractor’s compliance with the terms and
conditions of the Contract.
6.6
Subject to the Government’s obligations of confidence, the Contractor shall on
demand provide to the Government Representative with all reasonable co-
operation and assistance in relation to the inspection and/or checking conducted
in accordance with clause 6.5 above, including, but not limited to:
(a)
provision of all information requested by the Government;
(b)
reasonable access to any premises controlled and used by the
Contractor for the performance of this Contract and to any equipment
used (whether exclusively or non-exclusively) in the performance of
this Contract; and
(c)
access to the Relevant Employees, staff, agents, consultants and sub-
contractors, if approved by the Government Representative, of the
Contractor involved in the performance of this Contract.
6.7
Where the Government Representative is satisfied that the Contractor has failed
to perform the Service, or failed to comply with any warranty, undertaking,
requirement or obligation of the Contract, it shall be entitled to instruct the
Contractor in writing to remedy/rectify the failure within such period as specified
by the Government Representative in its instruction to the Contractor. Upon
being notified in writing of any of the Service being unsatisfactory, or any breach
or non-compliance with the warranty, undertaking, requirement or obligation of
the Contract, the Contractor shall be required to take immediate and necessary
action to rectify such unsatisfactory Service, or the breach or non-compliance.
6.8
The Contractor shall bear its own costs and expenses incurred in compliance with
its obligations specified in clauses 6.1 to 6.4, 6.6 and 6.7 above. If a Contractor
fails to rectify any unsatisfactory Service, or any breach or non-compliance in
accordance with clause 6.7 above, the Government Representative shall be
entitled, without prejudice to any other rights and remedies or actions to be taken
under the Contract, record in writing a Notice of Default, which shall be issued to
the Contractor. The Notice(s) of Default issued by the Government
Representative under the Contract may be taken into account when the
Contractor’s future tender offers for other tenders / quotations exercises are
evaluated.
6.9
Clauses 6.5 to 6.8 above shall survive the termination of this Contract for a period
of twelve (12) months.
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7.
Contractor’s Undertaking
7.1
The Contractor warrants, represents and undertakes to the Government that:
(a)
the Relevant Employee shall possess the essential qualification and the
necessary skill, experience and expertise set out in the Specifications in
Part VI to provide the Service (RE) on the terms set out herein;
(b)
the Contractor shall manage the Relevant Employee as a responsible
employer in similar trade so that the Service provided is of professional
standard;
(c)
the Contractor shall provide Relevant Employees of all staff categories
for selection by the Government when requested;
(d)
the Relevant Employee shall provide independent and unbiased advice
to the Government in relation to the Service (RE);
(e)
the Service will be performed and completed in a professional,
competent and diligent manner and that the Contractor and each and
every Relevant Employee shall use all the experience, skill, care and
diligence in the performance of the Service or Service (RE) as
appropriate and the discharge of all its or their duties and obligations,
as the case may be, under the Contract as may reasonably be expected
from a person who is held out as an expert in providing or assisting in
providing services of a kind similar to the Service;
(f)
the Contractor has full power, capacity and authority to enter into this
Contract and to perform its obligations under this Contract;
(g)
the Contractor shall carry out the Service with all due diligence and in
a proper, timely, safe, skilful and professional manner and shall
perform the Service to the satisfaction of the Government
Representative;
(h)
the Contractor shall comply with all laws, regulations, by-laws and
code of practice which are from time to time applicable to the provision
of the Service, including the obtaining and maintaining of all necessary
licences or permits;
(i)
the Materials used by the Contractor in performance of the Service will
not subject the Government or the Contractor to any claim for
infringement of any proprietary rights or Intellectual Property Rights
of any third party;
(j)
the Contractor shall enter into employment contracts with the Relevant
Employees setting out the essential terms and conditions of the
employment, including but not limited to, wages, allowances,
conditioned hours of work, normal office hours and rest days. Subject
to clause 9 below, the Contractor shall offer to its employees the pay
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and conditions of employment which are not less favourable than the
general level of wages and conditions observed by other employers in
similar trade. The terms and conditions specified in the employment
contracts shall be in compliance with the provisions of the Employment
Ordinance (Cap. 57) and the Minimum Wage Ordinance (Cap. 608).
No unreasonable terms and clauses shall be imposed in the employment
contracts with the Relevant Employees. No terms and conditions of
the employment contracts with the Relevant Employees shall
contravene the provisions of the Contract. The Contractor shall
incorporate in the employment contracts with the Relevant Employees
those terms specified in Contract Schedule 6 of Part III;
(k)
the Contractor shall specify the wage adjustment mechanism of the
Relevant Employees in the employment contracts. Such wage
adjustment mechanism shall not contravene clauses 3.6, 9.1 and 9.2 of
Part IV;
(l)
all information contained in the Contract shall remain the property of
the Government and without prior written consent of the Government,
the Contractor shall not make use of the information therein, or any
other information acquired by virtue of its engagement in this Invitation
to Tender, for purpose(s) other than that;
(m)
the Contract constitutes valid, legally binding obligations of the
Contractor enforceable in accordance with its terms;
(n)
all information supplied, and statements and representations made by
or on behalf of the Contractor in or in relation to its Tender and the
Contract are true, accurate and complete;
(o)
no claim is being made and no litigation, arbitration or administrative
proceeding is presently in progress, or to the best of the Contractor’s
knowledge and belief, pending or threatened against it or any of its
assets which will or might have a material adverse effect on its ability
to perform its obligations under the Contract;
(p)
it is not subject to any contractual obligation, compliance with which is
likely to have a material adverse effect on its ability to perform its
obligations under the Contract;
(q)
no proceedings or other steps have been taken and not discharged (nor
to the best of its knowledge, are threatened) for the winding up or
bankruptcy of the Contractor or for its dissolution or for the
appointment of a receiver, administrative receiver, liquidator, manager,
administrator or similar office in relation to any of the Contractor’s
assets or revenue; and
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(r)
it has not done or omitted to do anything which could have a material
adverse effect on its assets, financial condition or position as an
ongoing business concern or on its ability to fulfil its obligations under
the Contract.
7.2
The warranties, representations and undertakings, expressed or implied,
contained in clause 7.1 and other provisions of the Contract (collectively,
“Warranties” or “warranties” and each, a “Warranty” or “warranty”) shall be true
without limitation in time, save that in case of any Warranty expressed to be
effective during the Term, it shall be true on each day of the Term as if it is
repeated on each such day.
7.3
Each of the Warranties shall be separate and independent and without prejudice
to any other Warranty, and shall not be limited by reference to or inference from
any other Warranty or any other provision of the Contract.
7.4
Unless otherwise expressly excluded from or provided to the contrary in the
Contract, the rights, duties and liabilities imposed on a service provider and the
rights conferred on the party contracting with the service provider under the
Supply of Services (Implied Terms) Ordinance (Cap. 457) apply to bind the
Contractor and the Government respectively.
8.
Service Assurance and Staff Management Plans
8.1
The Contractor shall implement the Service Assurance Plan and Staff
Management Plan in managing the Relevant Employees as proposed by the
Contractor in Contract Schedule 8 of Part III (referred hereunder as “the Plans”).
The Contractor shall not vary or amend the Plans which are currently in force
without the prior written approval of the Government Representative.
8.2
The Government may require the Contractor, from time to time during the Term,
to review and revise the Plans to the satisfaction of the Government.
8.3
The Government shall have full discretion to decide whether or not the Plans have
been implemented to the satisfaction of the Government by the Contractor.
9.
Wages
9.1
Where a Relevant Employee of Staff Category 1 has provided the Service (RE)
under the instruction of the Government Representative during all normal office
hours as specified in clause 5.1(d) of Part VI for a whole month, the wage payable
by the Contractor to the said Relevant Employee for that month (referred
hereunder as “the wage for the month”) shall not be lower than (i) “Median
monthly wage by industry section (HK$): All employees” for “Information and
communications” of the latest year set out in the latest edition of the “Report on
Annual Earnings and Hours Survey” published by the Census and Statistics
Department (referred hereunder as the “Median Monthly Wage”) available on the
Original Tender Closing Date; (ii) the minimum monthly wage rate committed by
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the Contractor for Relevant Employees of Staff Category 1 in Contract Schedule
9 of Part III; or (iii) the Median Monthly Wage available on the date when the
Contractor enters into an employment contract with the Relevant Employee of
Staff Category 1, whichever is the higher.
9.2
Where any Relevant Employee of Staff Categories 2, 3, 4, 5 or 6 has provided the
Service (RE) under the instruction of the Government Representative during all
normal office hours for a whole month, the wage payable by the Contractor to
that Relevant Employee shall not be the same or lower than the lowest wage
payable by the Contractor to the Relevant Employees of Staff Category 1 engaged
by the Contractor for that month who have provided the Service (RE) under the
instruction of the Government Representative during all normal office hours for
the whole month. Where there is no Relevant Employee of Staff Category 1
engaged by the Contractor or no Relevant Employee of Staff Category 1 engaged
by the Contractor has provided the Service (RE) under the instruction of the
Government Representative during all normal office hours for a whole month, the
wage payable by the Contractor to its engaged Relevant Employees of Staff
Categories 2 to 6 who have provided the Service (RE) under the instruction of the
Government Representative during all normal office hours for that month shall
not be the same or lower than “the wage for the month” as determined in
accordance with clause 9.1 above.
9.3
For clauses 9.1 and 9.2 above, Staff Categories 1 to 6 are defined in clause 2.3 of
Part I.
9.4
The Contractor shall maintain the wage records of all Relevant Employees under
the Contract for inspection by the Government Representative.
9.5
Any breach of clause 9.1, 9.2 or 9.4 above may be construed as a breach of the
obligation under the Contract and the Government shall be entitled to take actions
in accordance with clauses 6.7 and 6.8 of Part IV, or to terminate the Contract in
accordance with clause 26 of Part IV.
10.
Payment for Service
10.1
Subject to the satisfactory performance of the Service, the Government shall pay
the Contractor for providing the Relevant Employees and the amount payable will
be calculated on a time charged basis in accordance with the Individual Rates of
the Relevant Employees being engaged.
10.2
Payment for Service will be made in accordance with the procedures specified
below:
(a)
at the end of each month, the Relevant Employees will be required to
submit time sheets to the Government Representative detailing the
Service (RE) rendered and the time spent. Calculation of payment
will be based on time spent on the Service (RE) rendered and the
Individual Rate of the Relevant Employee. The Contractor is
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responsible to ensure that correct time sheets are submitted by the
Relevant Employees to the Government.
(b)
unless the Government agrees otherwise, the Contractor shall, at the
end of each month during the Term, produce an invoice for the month,
based on time sheets prepared according to clause 10.2(a) herein, for
certification by the Government Representative. The Contractor shall
send the invoices to the Government as soon as possible, and in any
case, within one month from the end of the month that the Service (RE)
has been rendered, unless specified otherwise by the Government.
(c)
if the Government elects to pay the Contractor for any Relevant
Employee working overtime in lieu of granting time off, an hourly rate
equivalent to one-eighth (1/8) of the Individual Rate of the Relevant
Employee payable at the time of working will be paid to the Contractor.
Payment of overtime service is payable on a half-hourly basis,
subject
to a minimum of one hour overtime worked outside normal office
hours
or outside the same on any one shift stipulated under clause
5.1(e) of Part VI.
(d)
if the Relevant Employee is deployed to work on shift or irregular
working hours as required under clause 5.1(e) of Part VI, the
Government may elect to pay the Contractor for providing the Relevant
Employee at an hourly rate equivalent to one-eighth (1/8) of the
Individual Rate payable at the time of working.
(e)
payment for Service provided under this Contract shall become due
upon certification of the correct invoice of the Service (RE) by the
Government Representative in accordance with clause 10.2(b) thereof.
(f)
payment for Service shall be paid within thirty (30) working days after
the payment became due in accordance with clause 10.2(e) thereof.
(g)
payment for Service rendered shall be arranged by the person named in
the Notice of Service (RE) to whom invoices and correspondence
concerning payment shall be addressed. The Government shall not be
held responsible for any delay in payment if any invoice or
correspondence is improperly addressed.
11.
Insurance
11.1
The Contractor shall effect and maintain throughout the Term a policy or policies
of insurance providing an adequate level of cover in respect of all risks which
may be incurred by the Contractor in connection with the performance or
attempted performance of its obligations under the Contract, including death,
personal injury, loss of or damage to property or any other loss. Such insurances
shall include cover in respect of any financial loss arising from any advice given
or omitted to be given by the Contractor. The insurance company or companies
shall be authorised under the Insurance Ordinance (Cap. 41).
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11.2
Without prejudice to clause 11.1, the Contractor shall effect and maintain
employer’s liability insurance in respect of all its employees and other staff in
accordance with all applicable legal requirements.
11.3
If required by the Government, the Contractor shall deliver to the Government
copies of all insurance policies referred to in the Contract together with receipts
or other evidence of payment of the latest premium due under the policies.
11.4
The Contractor shall be responsible for lodging claims with the insurance
company and shall notify the insurance company within the time period specified
in the policy of the occurrence of any event liable to give rise to a claim.
11.5
If the Contractor fails to give effect to or maintain any insurance required under
the Contract, the Government may make such alternative arrangements as it
considers appropriate to protect its interests and may recover from the Contractor
the costs of putting such in place and maintaining such arrangements.
11.6
No provision in any insurance and no amount of insurance covered shall relieve
the Contractor of any liability under the Contract. It is the responsibility of the
Contractor to determine the amount of insurance cover that will be adequate to
enable the Contractor to satisfy any liability under the Contract.
12.
Liability for Damages or Compensation
12.1
Government and its employees or 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
employees, sub-contractors or agents however caused (whether by any
Negligence of the Government or any of its employees or agents or
otherwise).
(b)
any injury to or death of any of the Contractor’s employees, sub-
contractors or agents save and 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 or 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:
(a)
any loss, damage, injury or death referred to in clause 12.1 of this clause
(save and except injury or death caused by the Negligence of
Government or any of its employees or agents).
(b)
any loss or damage sustained by or any injury to or death of any third
party in consequence of any Negligence of the Contractor or any of its
employees or agents.
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12.3
The Contractor shall indemnify the Government against any loss of or damage to
any property of the Government or of any of its employees or agents or any injury
to any employee or agent of the Government arising out of the Negligence of the
Contractor or any of its employees, sub-contractors or agents.
12.4
For the purposes of this clause “Negligence” shall have the same meaning as that
assigned to it in section 2(1) of the Control of Exemption Clauses Ordinance (Cap.
71).
13.
Mandatory Provident Fund
13.1
The Contractor shall provide and maintain at its own cost a provident fund scheme
for the Relevant Employees as required under the Mandatory Provident Fund
Schemes Ordinance (Cap. 485).
14.
Performance Bond
14.1
Within one (1) month from the date of execution of the Contract by way of signing
of the Standing Offer Deed in Part V or by any other date to be specified by the
Government, whichever is the later, the Contractor who is required to submit a
bond in accordance with clause 24 of Part I shall submit to the Government a duly
issued performance bond in an amount equivalent to that defined in clause 24.1
of Part I and in the form appearing in
Annex 1 of Part IV.
14.2
The performance bond to be submitted by the Contractor pursuant to clause 14.1
above shall be issued by a bank details of which shall have been submitted in
writing to the Government prior to execution of the Contract for the
Government’s approval. If the Contractor wishes to replace the bank with
another bank, it shall give full written details of the proposed replacement to the
Government who shall within fourteen (14) days of receipt of the same notify the
Contractor in writing of any objection to such proposed replacement whereupon
the Contractor may either revert to the original bank or propose a further
replacement in the same manner as set out above.
14.3
Notwithstanding any other provision of the Contract:
(a)
submission by the Contractor of the requisite performance bond in
accordance with the provisions of this clause 14 shall be a condition
precedent to the Contractor’s entitlement to any payment under the
Contract; and
(b)
failure by the Contractor to provide a performance bond in accordance
with the provisions of this clause 14 shall entitle the Government to
terminate the Contract forthwith by notice in writing to that effect, and
the Contractor shall not be entitled to any compensation whatsoever as
a consequence of such termination.
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14.4
Upon the expiry or termination of the Contract, the performance bond shall
normally be discharged or released within six (6) months after the expiry or
termination of the Contract (including all extensions thereof), or the date when all
obligations of the Contractor have been performed and discharged to the
satisfaction of the Government Representative, whichever is the later.
15.
Pre-commencement Arrangements
15.1
At least three (3) months prior to the Commencement Date, the Contractor shall,
at its own cost, take all such actions as may be necessary to ensure that:
(a)
the electronic interfaces between the Government and the Contractor
as stated in clause 9 of Part VI are ready for use and in good conditions;
and
(b)
it is in a position fully ready to propose eligible Relevant Employees
for selection by the Government Representative and make all necessary
arrangements in response to service requests in accordance with clause
4 of Part VI.
15.2
The start date of Period of Service (RE) for all Relevant Employees shall not be
earlier than the Commencement Date.
16.
Relationship of Parties
16.1
The Contractor enters into this Contract with the Government as an independent
contractor only and nothing in the Contract shall create a contract of employment,
a relationship of agency or partnership, or a joint venture between the
Government and the Contractor. Unless otherwise expressly provided for in the
Contract, neither party is authorised to act in the name of, or on behalf of, or
otherwise bind the other party.
16.2
The Contractor or any person employed or engaged by the Contractor or any sub-
contractor or person concerned with the same shall not be deemed to be the
employee, servant, or agent of the Government.
17.
Assignment and Sub-Contracting
17.1
Unless otherwise provided for in the Contract, the Contractor shall not, without
the prior written consent of the Government, assign, transfer, sub-contract or
otherwise dispose of any of its interests, rights, benefits or obligations under the
Contract. The performance of the Contract by the Contractor shall be personal
to it.
17.2
The Contractor shall submit the proposed sub-contract to the Government for
approval. The Government reserves the right to grant permission for sub-
contracting and determine the terms and conditions of the sub-contract. A
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certified copy of the sub-contract shall be deposited with the Government within
seven (7) days after the effective date of the sub-contract.
17.3
The Contractor shall remain fully liable and shall not be relieved from any of its
obligations hereunder by entering into any sub-contract for the performance of
any part of the Contract and the Contractor shall be responsible for the acts,
defaults or neglect of any sub-contractor, its employees and agents.
18.
Disclosure of Information
18.1
The Contractor hereby irrevocably authorises, consents and agrees that the
Government may, whenever it considers appropriate or upon request by any
person (written or otherwise) and without any further reference to the Contractor,
disclose to any person in such form and manner as the Government considers fit:
(a)
the Service provided or to be provided by the Contractor;
(b)
the tender price calculated in accordance with the formula set out at
Annex B of Part I by use of the price proposal submitted by the
Contractor in Contract Schedule 1 of Part III to the Government in
relation to the Service;
(c)
the engagement by the Government of the Contractor under the
Contract and the name and address of the Contractor and persons
appointed or engaged by the Contractor to assist in the performance of
the Contract; and
(d)
the Service Assurance Plan and Staff Management Plan submitted by
the Contractor in Contract Schedule 8 of Part III to the Government in
relation to the Service.
19.
Publicity
19.1
Whether before, during or after the expiry or termination of the Term of the
Contract, the Contractor shall not use the Government’s name in any document,
publication, advertisement or publicity material without the prior written consent
of the Government.
19.2
Subject to clause 19.1 above, the Contractor shall submit to the Government
Representative for approval all the proposed advertising or other publicity
material relating to the Contract, the Service or other services provided or other
work done in connection with the Contract wherein the Government’s name is
mentioned or language used from which a connection with the Government can
reasonably be inferred or implied.
19.3
Notwithstanding any consent or approval given under clauses 19.1 or 19.2 above,
whenever required by the Government, the Contractor shall remove all
advertisement and publicity material relating to the Contract wherein the
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Government is mentioned or language used from which a connection with the
Government can reasonably be inferred or implied and the Contractor must
comply with such request.
20.
Intellectual Property Rights
20.1
The Government shall be the exclusive owner of the Materials. All the
Intellectual Property Rights in the Materials shall vest in the Government at the
time they are created. Subject to clause 20.3 below, the Contractor warrants that
such Materials are original works developed by or on behalf of the Contractor, its
directors, officers, employees, agents or sub-contractors.
20.2
The Contractor shall not use or allow to be used directly or indirectly the Materials
except for the performance of its obligations under the Contract or except with
the prior written approval of the Government. “Use” includes any acts restricted
by copyright (including reproduction) set out in sections 22 to 29 of the Copyright
Ordinance (Cap. 528).
20.3
If materials from other copyright works or Intellectual Property Rights from other
sources (except those originating from the Government) are included in the
Materials or any software and materials are supplied or used by the Contractor in
the performance of the Contract and the Intellectual Property Rights are vested in
a third party, the Contractor shall identify such materials to the Government and
keep the Government informed in writing of such third party materials.
20.4
The Contractor warrants that:
(a)
it has or shall have a valid and continuing licence under which it is
entitled to use or sub-license such third party materials and the third
party Intellectual Property Rights for itself and for the Government and
its authorised users to use such third party materials;
(b)
prior to the use and incorporation of such third party materials, the
Contractor shall have obtained the grant of all necessary clearances for
itself and for the Government and its authorised users authorising the
use of such third party materials for the purposes contemplated under
the Contract;
(c)
the provision of the Service by the Contractor and the use or possession
by the Government and its authorised users of the Materials including
the third party materials for any of the purposes contemplated by the
Contract does not and will not infringe any Intellectual Property Rights
of any person; and
(d)
the exercise of any of the rights granted under the Contract by the
Government and its authorised users will not infringe any Intellectual
Property Rights of any person.
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20.5
The Contractor hereby waives and will procure its officers, employees, agents,
sub-contractors and all authors concerned to waive all moral rights (whether past,
present or future) in respect of the Materials to which they may now or at any
time in the future be entitled under the Copyright Ordinance (Cap. 528) and under
any similar law in force from time to time anywhere in the world. Such waiver
shall operate in favour of the Government, its authorised users and licensees and
shall take effect upon delivery of the relevant Materials.
20.6
The Contractor shall at its own costs execute or procure the execution of any
further assignments, deeds, licence, documents and instruments and do or procure
the doing of any further things as may be necessary to give full effect to this
clause.
20.7
The Contractor shall indemnify the Government and keep the Government fully
and effectively indemnified against any loss or damage which the Government
may sustain or incur as a result of any allegation of or claim for infringement of
the Intellectual Property Rights of any party arising from or in any way related to
the provision of the Service by the Contractor.
20.8
The provisions of this clause 20 shall survive the expiry or termination of the
Contract and shall continue in full force and effect notwithstanding such expiry
or termination.
21.
Software Asset Management
21.1
The Contractor shall at all times during the execution of the Contract exercise due
diligence in software asset management and as and when required by the
Government, furnish to the Government satisfactory evidence that this clause has
been complied with.
21.2
The Contractor warrants and undertakes that the use of any software by the
Contractor for the purpose of or otherwise in connection with the performance of
this Contract shall not infringe any Intellectual Property Rights of any party.
21.3
The Contractor shall notify the Government immediately in writing of any
allegation, claims, actions and/or proceedings in respect of such infringement and
any progress thereof from time to time.
21.4
If the Contractor’s use of the software for the purpose of or otherwise in
connection with the performance of this Contract is held by a court to constitute
an infringement of a third party’s Intellectual Property Rights, the Government
may, without prejudice to any other rights or remedies that the Government may
have, terminate this Contract forthwith by giving notice in writing to the
Contractor and recover from the Contractor the amount of any loss or damage
sustained or incurred by the Government as a consequence of such termination.
21.5
The provisions of this clause 21 shall survive the expiry, completion or
termination of this Contract (howsoever occasioned) and shall continue in full
force and effect notwithstanding such expiry or termination.
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22.
Confidential and Official Information
22.1
The Contractor shall treat as confidential all Confidential Information.
22.2
The Contractor shall not at any time during or after the Term divulge or allow to
be divulged to any person any such Confidential Information other than to the
Relevant Employees, or any other employees, agents or sub-contractors who need
to know the same for the purpose of carrying out the Contract and each having
signed an undertaking in favour of the Contractor and the Government jointly and
severally on non-disclosure regarding such Confidential Information in a form
prescribed by the Government. The Contractor shall provide the original or
certified true copies of all such undertakings to the Government as may be
required by the Government. The Contractor further agrees that, if so required
by the Government, it shall take all such steps as are lawful and necessary to
enforce such undertakings or to co-operate with the Government in their
enforcement.
22.3
The Contractor shall protect the Confidential Information using not less than the
same standard of care the Government applies to their Confidential Information
and shall at its own expense take such measures as are necessary, whether by
adequate security systems, legal proceedings or otherwise, to ensure compliance
with the confidentiality obligation.
22.4
The Government may request the Contractor in writing at any time that any
Confidential Information disclosed pursuant to the terms of this clause 22 and any
copies, analyses, compilations and extracts thereof whether in hard copies,
electronic format or other media by returned, destroyed and/or deleted with a
written statement to the effect that upon such return, destruction and/or deletion
it has not retained in its possession or under its control, either directly or
indirectly, any Confidential Information in whatever form. The Contractor shall
comply with any such request from the Government within seven (7) days of
receipt of such request.
22.5
The Contractor shall ensure that the Relevant Employees and any other persons
engaged on any work in connection with the Contract are aware of and comply
with the provisions of this clause and the Official Secrets Ordinance (Cap. 521).
22.6
Without prejudice to any other provision of the Contract, the Contractor shall
indemnify and keep the Government and its authorised users fully and effectively
indemnified against any and all actions, damages, costs, claims, demands,
expenses (including the fees and disbursements of lawyers, agents and expert
witnesses) and any awards and costs which may be agreed to be paid in settlement
of any proceedings and liabilities of any nature arising from or incurred by reason
of:
(a)
a breach of confidence (whether under the Contract or general law) by
the Contractor or any of its employees, agents or sub-contractors;
(b)
any actions or claims made in respect of information subject to the
Personal Data (Privacy) Ordinance (Cap. 486), which action and/or
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claim would not have arisen but for the act, negligence or omission of
the Contractor or any of its employees, agents or sub-contractors in
connection with the performance of the Contract; and
(c)
any act done or omission in the performance of the Contract that
contravenes the Unsolicited Electronic Messages Ordinance
(Cap. 593).
22.7
The Contractor shall use the Confidential Information solely for the purposes of
the Contract. The Contractor shall not, at any time whether during the Term or
after the expiry or termination (howsoever occasioned) of the Contract, use (or
allow to be used) the Confidential Information for any other purposes without the
Government’s prior written consent.
22.8
The Contractor shall not and shall not permit any of its Relevant Employees from
publishing or disclosing any Confidential Information. The Contractor further
agrees that it will not at any time whether by itself or through any subsidiary or
agent use, sell, license, sub-license, create, develop or deal with any Confidential
Information otherwise than in accordance with the Contract. If the Contractor
becomes aware of any breach of confidence by any of its employees, any of its
sub-contractors or agents it shall promptly notify the Government and give the
Government all reasonable assistance in connection with any proceedings which
the Government may institute against any such persons.
22.9
The Contractor shall comply with any disclosure restrictions and conditions of
use of the Confidential Information as may be stipulated by the Government from
time to time.
22.10
The Contractor must ensure that the Relevant Employee, or any other employees,
agents or contractors of the Contractor shall conform and abide by the
Government normal codes of staff and security practice, as laid down in various
government regulations and departmental circulars, to protect Government data
from unauthorized disclosure or loss.
22.11
The provisions of this clause 22 shall survive the expiry or termination of the
Contract and shall continue in full force and effect notwithstanding such expiry
or termination.
23
Contractor’s Obligation to Inform Government of Relevant Facts
23.1
The Contractor shall keep itself informed and immediately inform the
Government of any or all facts or matters incidental to or related to its obligations
under the provision of this Contract with respect to prevention of bribery, conflict
of interest and Contractor’s obligation not to disclose Confidential Information,
including any such facts and matters affecting the Relevant Employees. The
Contractor shall also keep itself informed and immediately inform the
Government of any facts and matters aforementioned affecting the Relevant
Employees, including any previous conviction records before the commencement
of and/or during the Period of Service (RE) of the Relevant Employees.
Part IV – Conditions of Contract
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23.2
The Contractor shall notify in writing the Government Representative
immediately of any circumstances relating to the Contractor and/or the
Government concerning the Service of which the Contractor is aware or which it
anticipates may justify the Government taking action to protect its interests
(including its reputation and standing).
23.3
The Contractor shall keep itself informed and immediately inform the
Government of any unauthorized disclosure or loss of Government data by any
of its employees, any of its sub-contractors or agents.
24.
Conflict of Interest
24.1
The Contractor shall, during the Term of the Contract, ensure that it (including its
Associates and Associated Persons, each of the Relevant Employees and each
sub-contractor and their Associates and Associated Persons) shall not undertake
any service, task or job or do anything whatsoever for or on behalf of any third
party (other than in the performance of this Contract) which conflicts or competes,
or which may be seen to conflict or compete with the Contractor’s duties or
obligations to the Government under this Contract without the prior written
approval of the Government.
24.2
The Contractor shall, during the Term of the Contract, immediately notify in
writing the Government of all or any facts which may reasonably be considered
to give rise to a situation where the financial, professional, commercial or other
interests of the Contractor or its Associates or Associated Persons, or each and
every Relevant Employee and his Associates or Associated Persons, or any one
of the Contractor’s sub-contractors, or its Associates or Associated Persons,
conflict or compete, or may be seen to conflict or compete, with the Contractor’s
duties or obligations, as the case may be, to the Government under the Contract.
24.3
The Contractor must ensure that the Relevant Employees will observe all
Government rules and regulations on conflict of interest and related matters, as
amended from time to time, which shall be circulated to the Relevant Employees
by the Government Representative, as if the references to Government and its
officers, servants and employees were references to the Relevant Employees.
24.4
The Contractor must ensure that the Relevant Employees shall keep themselves
informed and inform the Contractor and keep it informed regularly of all facts
which may reasonably be considered to give rise to a situation in which the
financial, professional, commercial, personal or other interests of the Relevant
Employees, conflict or compete, or may be seen to conflict or compete, with the
Contractor’s duties or obligations to the Government under this Contract.
Part IV – Conditions of Contract
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25.
Prevention of Bribery
25.1
The Contractor must inform the Relevant Employees in writing, and keep them
informed in writing regularly and not less than once in every three (3) months,
that soliciting or accepting of advantages, as defined in the Prevention of Bribery
Ordinance (Cap. 201) is a serious crime and may also result in substantial civil
liability. Without limitation, the Contractor must inform the Relevant
Employees that:
(a)
offering any advantage to a public servant, as defined in the Prevention
of Bribery Ordinance (Cap. 201), as an inducement to or reward for or
otherwise on account of that public servant’s performing or abstaining
from performing any act in his capacity as a public servant, or
expediting, delaying, hindering or preventing the performance of an
act, or assisting, favouring, hindering or delaying any person in the
transaction of any business with a public body, is an offence under
section 4 of the Prevention of Bribery Ordinance (Cap. 201);
(b)
without the permission from the Contractor through the Supervisor,
soliciting or accepting any advantage as an inducement to or reward for
or otherwise on account of their doing or forbearing to do any act in
relation to the Contractor’s affair or business, or showing favour or
disfavour to any person in relation to the Contractor’s affairs or
business is an offence under section 9 of the Prevention of Bribery
Ordinance (Cap. 201); and
(c)
any person who, without lawful authority or reasonable excuse, while
having dealings of any kind with the Government through any
department, office or establishment of the Government, offers any
advantage to any prescribed officer employed in that department, office
or establishment of the Government shall be guilty of an offence under
section 8 of the Prevention of Bribery Ordinance (Cap. 201).
25.2
The Contractor must ensure that the Relevant Employees will observe all
Government rules and regulations on prevention of bribery, acceptance of
advantages and related matters, as amended from time to time, which shall be
circulated to the Relevant Employees by the Government Representative, as if the
references to Government and its officers, servants and employees were
references to the Relevant Employees.
25.3
If the Contractor or any of its employees, officers, agents or contractors shall be
found to have offered or given any advantage, gratuity, bonus, discount, bribe or
loan of any sort to any agent or employee of the Government, the Government
shall be at liberty forthwith to terminate the Contract, and to hold the Contractor
liable for any direct or consequential loss or damage which the Government may
thereby sustain.
Part IV – Conditions of Contract
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26.
Termination of Contract
26.1
Default of the Contractor
The following shall be deemed a fundamental breach entitling the Government to
terminate this Contract immediately and the rights and liabilities of the parties
shall thereafter be determined in accordance with clause 27 of Part IV:
(a)
failure on the part of the Contractor to
make available the Relevant
Employees to perform the Service (RE) on the date as specified in the
Notice of Service (RE) issued under clause 4.6 of Part VI;
(b)
the levying of any distress or execution against the Contractor or the
making by him of any composition or arrangement with creditors or
being a company if the Contractor shall pass a resolution, or the court
shall make an order that the company be wound up otherwise then for
the purposes of reconstruction or amalgamation, or if a receiver or
manager on behalf of a creditor shall be appointed, or if circumstances
shall arise which entitle a court or a creditor to appoint a receiver or
manager or which entitle the court otherwise than for the purposes of
amalgamation or reconstruction to make a winding up order;
(c)
the doing or permitting of any act on the part of the Contractor by which
Government’s proprietary rights in the Materials may be prejudiced or
put in jeopardy;
(d)
to offer or give any advantage, gratuity, commission, bonus, discount,
bribe or loan of any sort or in any form whether directly or indirectly
by the Contractor to any agent or employee of the Government; or
(e)
the Contractor having been issued an aggregate of three (3) or more
Notices of Default during the Term due to its failure to rectify any
unsatisfactory Service, or any breach or non-compliance with the
warranty, undertaking, requirement or obligation under the Contract in
accordance with clause 6.8 of Part IV.
26.2
Automatic Right of Termination by the Government
The Government may at any time or times prior to the expiry of the Term at its
option terminate without cause the Contract by giving the Contractor thirty (30)
days’ written notice of such termination.
27.
Termination Consequences
27.1
On termination of the Contract for any reason, the Government is under no further
obligation to the Contractor under the Contract without thereby releasing the
Contractor from any of its liabilities under the Contract, or affecting any rights
and powers conferred upon the Government by the Contract.
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27.2
The expiry or termination of the Contract shall not affect any accrued rights or
liabilities of either party nor shall it affect the coming into force or the continuance
in force of any provision of the Contract which is expressly or by implication
intended to come into or continue in force on or after such expiry or termination.
27.3
If the Contract is terminated under clause 26.1 of Part IV and the Government
makes other arrangements for the provision of any Service from any other source,
the Government may recover from the Contractor: (a) any amount in excess of
the amount payable by the Government to the Contractor under the Contract
incurred by the Government in engaging another contractor to complete the
uncompleted Service and all costs and expenses incurred in making the
arrangements for the same including conducting tender for the uncompleted
Service; and (b) any additional expenditure incurred by the Government in
connection with a default by the Contractor referred to in clause 26.1 of Part IV.
If the Contract is so terminated, until the Government has established the final
cost of making other arrangements contemplated under this clause, no further
payments shall be payable by the Government to the Contractor for the Service
provided by the Contractor prior to termination and in accordance with the
Contract for which payment has yet to be made by the Government.
27.4
On the expiry or termination of the Contract for any reason, the Contractor shall:
(a)
immediately return to the Government all documents containing
confidential information, personal data and such other information,
property and materials in the possession or under the control of the
Contractor or any of its sub-contractors and agents, which was obtained
or produced in the course of providing the Service;
(b)
assist and co-operate with the Government to ensure an orderly
transition of the provision of the Service to such person specified by
the Government Representative and/or the completion of any work-in-
progress;
(c)
within twenty-eight (28) days of the date of termination compile and
submit to the Government a report of all relevant information, facts,
data, findings and conclusions in respect of the Service which have
been provided up to the effective date of termination; and
(d)
promptly provide all information concerning the provision of the
Service which may reasonably be requested by the Government for the
purposes of adequately understanding the manner in which the Service
have been provided or the purpose of allowing the Government or a
replacement contractor to conduct due diligence.
27.5
Save as otherwise expressly provided for in the Contract, no compensation
whatsoever (including compensation for any loss or expense arising from any
consequential loss or damage, or loss of opportunity, suffered or incurred by the
Contractor) shall be payable by the Government to the Contractor as a result of
any suspension or early termination of the Contract by the Government.
Part IV – Conditions of Contract
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28.
Set-off
28.1
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 liability
against any sum then due or which at any time thereafter may become due from
the Government to the Contractor under the Contract or any other contracts.
29.
Costs and Expenses
29.1
Save as otherwise expressly provided for in the Contract, the Contractor shall
comply with all provisions of the Contract and its obligations under the Contract
at its own costs and expenses.
30.
Governing Law
30.1
The Contract shall be governed by and construed in accordance with the laws of
Hong Kong and the parties hereby agree to submit to the exclusive jurisdiction of
the courts of Hong Kong in relation to any matters arising out of the Contract.
31.
Change of Address
31.1
Each of the parties shall give notice to the other of any change or addition of any
postal address, telephone, telex, fax, electronic mail or similar number at the
earliest possible opportunity but in any event within forty-eight (48) hours of such
change or addition.
32.
Notices
32.1
Any notice to be served by the parties hereto shall be sent by recorded delivery,
registered post, telex, fax or electronic mail and shall be deemed to have been
served to the addressee within seventy-two (72) hours of posting the notice or
within twenty-four (24) hours of sending the notice to the correct number of the
addressee by telex, fax or electronic mail as the case may be.
33.
Force Majeure
33.1
If the Contractor becomes aware of any matter likely to constitute a Force
Majeure Event, the Contractor shall forthwith notify the Government in writing
of that matter and all relevant particulars.
33.2
Within three (3) days after the occurrence of a Force Majeure Event, the
Contractor shall notify the Government in writing of the full particulars of the
Force Majeure Event including its nature, extent and likely duration of its effect
on the Contractor’s ability to perform its obligation under the Contract. In the
Part IV – Conditions of Contract
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event of an occurrence of a Force Majeure Event, the Government may on its own
issue a notice to the Contractor noting the occurrence of the Force Majeure Event
and requiring the Contractor to suspend all or any of the obligations under the
Contract. A notice issued by the Contractor or the Government pursuant to this
clause is hereinafter referred to as the “Suspension Notice”.
33.3
Following the issue of a Suspension Notice by the Contractor or the Government,
the Contractor shall keep the Government informed at reasonable intervals, and
upon the request of the Government, of:
(a)
the likely duration of the relevant Force Majeure Event and of its effect
on the Contractor’s ability to perform its obligations under the
Contract;
(b)
the actions taken or proposed to be taken by the Contractor to mitigate
or minimise the effects of that Force Majeure Event; and
(c)
any other matters relevant to that Force Majeure Event or the
Contractor’s performance affected by that Force Majeure Event.
33.4
To the extent that the performance of obligations by the Contractor under the
Contract is prevented by a Force Majeure Event, the Contractor’s performance of
such obligations will, subject to clause 33.5 below, be suspended to that extent
from the date the Contractor or the Government gives a Suspension Notice in
respect of that Force Majeure Event until the Contractor ceases to be so prevented
(“Cessation Date”). Notwithstanding anything in the Contract to the contrary,
as soon as the Government issues a Suspension Notice to the Contractor, the
Contractor shall forthwith suspend the performance of the obligations to the
extent specified in the Suspension Notice.
33.5
During the suspension of any obligations under clause 33.4 above:
(a)
the Contractor shall use its best endeavours (including incurring any
reasonable expenses and re-deploying its manpower and resources) to
remove or mitigate the effect of each Force Majeure Event on the
Contractor’s performance of the obligations under the Contract;
(b)
the Government may make alternative arrangements for the
performance of any suspended obligations, whether by another person
or otherwise; and
(c)
the Contractor shall not be entitled to any cost, fee or charge or such
pro rata portion thereof in respect of the suspended obligations for the
suspended period.
33.6
As soon as the relevant Force Majeure Event has ended, the Contractor shall
forthwith notify the Government of the Cessation Date, or the Government may
on its own, after consultation with the Contractor, by notice in writing to the
Contractor, determine the appropriate Cessation Date. The Contractor shall
immediately after the Cessation Date resume performance of the suspended
Part IV – Conditions of Contract
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obligations in accordance with the terms and conditions of the Contract. In the
event of any disagreement between the Government and the Contractor on the
appropriate Cessation Date, the Government’s decision shall be final in the
absence of manifest error.
33.7
Should suspension of the performance by the Contractor of its obligations under
the Contract persist or be likely to persist as a result of a Force Majeure Event,
the Government shall be entitled to terminate the Contract pursuant to clause 26.2
of Part IV.
33.8
The Contractor shall ensure that provisions similar to this clause 33 are
incorporated in all its contracts with sub-contractors made pursuant to this
Contract.
34.
Severability
34.1
If any provision of the Contract is found by any authority or court of competent
jurisdiction to be illegal, invalid or unenforceable, such illegality, invalidity or
unenforceability shall not affect the other provisions of the Contract, all of which
shall remain in full force and effect.
35.
Waiver
35.1
No failure, delay, forbearance or indulgence by any party to the Contract to
exercise any right, power or remedy available to it under the Contract or at law or
in equity shall operate as a waiver thereof; nor shall any single or partial exercise
of the same preclude any other or further exercise thereof or the exercise of any
other right, power or remedy. A right or a remedy of each party under the
Contract shall be cumulative and not exclusive of any other rights, power or
remedies provided by the Contract, at law or in equity. Without limiting the
foregoing, no waiver by any party of any breach by the other party of any
provision hereof shall be deemed to be a waiver of any subsequent breach of that
or any other provision hereof.
35.2
Without prejudice to the generality of clause 35.1 above, any right of termination
of the Contract or any other right, power or remedy of whatsoever nature
conferred upon the Government under the Contract shall be exercisable by it in
addition to and without prejudice to any other rights and remedies available to it
under the Contract or at law (and, without prejudice to the generality of the
foregoing, shall not extinguish any right to damages to which the Government
may be entitled in respect of the breach of the Contract) and no exercise or failure
to exercise a right of termination shall constitute a waiver by the Government of
any other right, power or remedy.
Part IV – Conditions of Contract
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36.
Entire Agreement
36.1
The Contract constitutes the whole agreement between the parties thereto and
supersedes any previous agreements or arrangements between them relating to
the subject matter hereof. The Contractor acknowledges that in entering into the
Contract, it has not relied on any statements, warranties or representations given
or made by the Government. No addition to or modification of any provision
of this Contract shall be binding upon the parties unless made in writing and
signed by duly authorized representative of each of the parties.
36.2
All of the provisions of the Contract shall remain in full force and effect
notwithstanding the completion of the Service (except insofar as those obligations
which have been fully performed).
37.
Assistance in Legal Proceedings
37.1
If and whenever requested to do so by the Government Representative, the
Contractor shall provide to the Government all relevant information, documents
(including documentation and statements from staff) and other assistance in
connection with any inquiry, investigation, arbitration, tribunal hearings or court
proceedings in which the Government may become involved or any internal
disciplinary hearing of the Government that arises out of or in connection with
the Contract or the Contractor’s presence at the Government’s premises. If
requested by the Government, the Contractor shall arrange for relevant staff to
give evidence at such inquiries, investigations, arbitrations, hearings or
proceedings.
37.2
Where the Contractor or any employees, agents or contractors of the Contractor
become aware of an incident, accident or other matter which may give rise to a
claim or legal proceedings by a third party against the Government or the
Contractor or in respect of the Contract, it shall notify the Government
Representative immediately in writing giving full details of such incident,
accident or matter as the Government Representative may require.
38.
Order of Precedence
38.1
In the event of, and only to the extent of, any conflict or inconsistency between
the clauses of the Contract, any documents referred to in those clause and the
Contract Schedules in Part III, the following order of precedence shall be applied,
but only in as far as is necessary to resolve that conflict or inconsistency:
(a)
Conditions of Contract in Part IV;
(b)
Contract Schedules in Part III; and
(c)
Specifications in Part VI.
Part IV – Conditions of Contract
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39.
Contracts (Rights of Third Parties) Ordinance
39.1
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).
40.
Retention of Records
40.1
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 Service 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.
Part IV – Conditions of Contract
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Annex 1
FORM OF CONTRACTOR’S PERFORMANCE BOND
BY THIS BOND dated the _______________ day of _________________________2018
________________________________________ whose registered office is at
___________________________________________________ (“the Surety”) is
irrevocably and unconditionally bound to the Government of the Hong Kong Special
Administrative Region (together with its successors and assigns, “the Government”) in the sum
of HK Dollars __________________________________________
(HK$ _________________ ) (“the Bonded Sum”) for payment of which sum the Surety
binds itself in accordance with the provisions of this bond. [ Note 1 ]
WHEREAS
(A)
By a contract dated _____________________ (“the Contract”) made between the
Government and __________________________________ (the “Contractor”), the
Contractor has agreed to provide the Supply Services of Information Technology
Contract Staff (“the Service”) upon the terms and conditions contained in the
Contract.
(B)
Pursuant to the terms of the Contract, the Contractor agreed to procure the provision
to the Government of a bond in the terms hereof.
NOW THE TERMS AND CONDITIONS of this bond are:
1.
Where applicable, words and expressions used in this bond shall have the meaning
assigned to them in the Contract.
2.
In the event of default by the Contractor in respect of any of its obligations under the
Contract, the Surety shall upon demand made by the Government in writing at any
time and from time to time and without proof or conditions satisfy and discharge any
damages, losses, charges, costs or expenses sustained by the Government thereby in
such amount or amounts as may be specified by the Government in any such demand
up to an aggregate amount equal to the Bonded Sum.
3.
The liability of the Surety under this bond shall remain in full force and effect and
shall not be affected or discharged in any way by and the Surety hereby waives notice
of:
(a)
any suspension of, performance of, variation to or amendment of the Contract
(including without limitation extension of time for performance or adjustment
to the amount payable to the Contractor under the Contract) or any concession
or waiver by the Government in respect of the Contractor’s obligations under
the Contract;
Part IV – Conditions of Contract
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(b)
the termination of the Contract or of the employment of the Contractor under
the Contract solely as a result of default by the Contractor under the Contract;
(c)
any right of action or remedy the Government may have against the Contractor
under the Contract or otherwise for the time being or any forbearance or waiver
of any such right or remedy or negligence by the Government in enforcing any
such right of action or remedy;
(d)
any other bond, security or guarantee held or obtained by the Government for
any of the obligations of the Contractor under the Contract or any release or
waiver thereof;
(e)
any act or omission of the Contractor pursuant to any other arrangement with
the Surety.
4.
This bond shall have immediate effect upon execution and is a continuing security.
This bond 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 six (6) months after the expiry of the Contract (including all
extensions thereof); 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.
5.
The Government shall be entitled to assign the benefit of this bond at any time without
the consent of the Surety or the Contractor being required.
6.
All documents arising out of or in connection with this bond shall be served:
(a) upon the Government represented by the Government Chief Information
Officer, at Office of Government Chief Information Officer, 19/F, West Wing,
Central Government Offices, 2 Tim Mei Avenue, Tamar, Hong Kong, marked
for the attention of Government Chief Information Officer;
(b)
upon the Surety, at ______________________________________
____________________________________________ Hong Kong. [ Note 2 ]
7.
The Government and the Surety may change their respective nominated addresses for
service of documents to another address in Hong Kong but only by prior written notice
to each other. All demands and notices must be in writing.
8.
This bond shall be governed by and construed according to the laws for the time being
in force in the Hong Kong Special Administrative Region and the Surety agrees to
submit to the exclusive jurisdiction of the courts of the Hong Kong Special
Administrative Region.
Part IV – Conditions of Contract
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IN WITNESS whereof this bond has been executed as a deed on the date first above written.
THE COMMON SEAL OF [Note 3]
_______________________________
was affixed hereto in
the presence of:
or
By ____________________________ [Note 4]
acting through
...........................................................................................
Director
...........................................................................................
Director / Secretary
or
SIGNED, SEALED AND
DELIVERED [ Note 5 ] for
and on behalf of and as
lawful attorney of the
Surety under power
of attorney dated ______________________________
by __________________________________________
in the presence of:
...........................................................................................
[ Name ]
[ Occupation ]
Notes : (FOR PREPARATION OF BUT NOT INCLUSION IN THE ENGROSSMENT OF
THIS PERFORMANCE BOND)
1.
The Contractor must execute the bond as well as the Surety
2.
The address for service shall be in Hong Kong.
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3.
For execution of the deed with the use of a common seal.
4.
For execution of the deed without the use of a common seal.
5.
For use where the Surety, whether a firm or limited company, executes through an
attorney.
Part IV – Conditions of Contract
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PART V
STANDING OFFER DEED
THIS DEED made on the
day of , 2018
PARTIES:
(1)
THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE
REGION (hereinafter referred to as “the Government”) as represented by the
Government Chief Information Officer of 19/F, West Wing, Central Government
Offices, 2 Tim Mei Avenue, Tamar, Hong Kong.
(2)
[CONTRACTOR] (hereinafter referred to as “the Contractor”) whose registered address
is at:
RECITALS:
(1)
The Government has invited tenders for the provision of the Service as specified in
the Conditions of Contract, Specifications, Contract Schedules and any other
documents which are incorporated by reference therein.
(2)
A tender was submitted by the Contractor which has been accepted by the
Government.
(3)
The Government wishes to acquire the Service if so desires from different
Contractors to serve various Government bureaux/departments in Hong Kong.
(4)
Service fee will be paid in accordance with clause 10 of Conditions of Contract.
(5)
The terms and conditions in this Deed shall have the same meaning as in the Tender
Documents.
Part V – Standing Offer Deed
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THE CONTRACTOR HEREBY COVENANTS to provide the Service as and when required
by Government on the terms and conditions referred to in the following documents:
(i)
Part IV - Conditions of Contract;
(ii)
Part III - Contract Schedules; and
(iii)
Part VI - Specifications.
EXECUTED in three originals and delivered as a deed on the day and year first before written.
[Note: The appropriate execution clause for the person signing the Deed will depend on
whether it is an individual, a company incorporated in Hong Kong with a common seal
which wishes to use such, a company incorporated in Hong Kong either with a common
seal but it does not wish to use such or without a common seal, a company incorporated
outside Hong Kong or a Partnership. For example, the following executive clause would
apply for a company incorporated in Hong Kong with and using a common seal.]
EXECUTED and DELIVERED as a Deed and the
COMMON SEAL of
[name of company] was
affixed in the presence of
[name(s) of director(s)],
its director(s) /
[name of director], its director and
[name of company secretary], its company
secretary in the presence of:
[signature of witness]
Name:
[witness name] Address:
[witness address] SIGNED, SEALED and DELIVERED
by [
name],Government Chief Information
Officer,
for and on behalf of the Government
in the presence of:
[
signature]
[
name], Chief Executive Officer(Administration)
Part V – Standing Offer Deed
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Tender Ref: GCIO 5/2 (T25)
PART VI
SPECIFICATIONS
TABLE OF CONTENTS
1.
SERVICES TO BE PROVIDED ............................................................................... 2
2.
QUALIFICATION AND EXPERIENCE REQUIREMENTS .................................. 2
3.
MAIN JOB RESPONSIBILITIES ............................................................................ 8
4.
SELECTION OF RELEVANT EMPLOYEE .......................................................... 19
5.
WORKING CONDITIONS OF RELEVANT EMPLOYEE ................................... 20
6.
WORK ARRANGEMENTS DURING SEVERE WEATHER CONDITIONS ..... 22
7.
TRAINING FOR RELEVANT EMPLOYEE ......................................................... 22
8.
HUMAN RESOURCES MANAGEMENT OF RELEVANT EMPLOYEE .......... 23
9.
ELECTRONIC INTERFACES BETWEEN THE GOVERNMENT AND THE
CONTRACTOR ...................................................................................................... 23
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1.
Services to be Provided
1.1
The Contractor is required to provide the supply services of information
technology contract staff (“Relevant Employees”) to the Government. The
Relevant Employees are employees of the Contractor and they will perform the
Service (RE) at Government bureaux/departments under the instruction of
Government Representative. Upon request by the Government in accordance
with the procedure set out in clause 4 of Part VI, the Contractor is required:
(a)
to
propose eligible candidates fulfilling the essential qualification
requirements as set out in clause 2.1.1 of Part VI, as well as any other
essential requirements specified by the Government in the respective
service requests, for selection by the Government as Relevant
Employees; and
(b)
if the Government makes the selection, the Contractor, as the employer
of the Relevant Employees, is required to
supervise and manage the
Relevant Employees to ensure that they perform the Service (RE) at the
relevant Government bureaux/departments to the satisfaction of the
Government.
1.2
Before proposing eligible candidates to the Government, the Contractor is required
to check and verify the qualifications, skills and experiences of the candidates to
ensure that they fulfil all essential requirements as specified by the Government.
2.
Qualification and Experience Requirements
2.1
General Requirements
The following general requirements apply to all staff categories of Relevant
Employee.
2.1.1 All Relevant Employees presented for selection must fulfil the following essential
qualification requirements.
I.
Each Relevant Employee in staff categories 0 to 6 must have:
(a)
a Hong Kong degree, or equivalent;
or an accredited associate degree from a Hong Kong tertiary institute, or
a higher diploma from a Hong Kong polytechnic / polytechnic university
/ Hong Kong Institute of Vocational Education / technical college, in
information technology, or equivalent;
or
(b)
an accredited associate degree from a Hong Kong tertiary institute, or a
higher diploma from a Hong Kong polytechnic / polytechnic university
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/ Hong Kong Institute of Vocational Education / technical college, in
subjects other than information technology, or equivalent;
or a diploma from a registered post-secondary college issued after the date
of its registration, or equivalent;
or a diploma from a Hong Kong polytechnic / polytechnic university /
Hong Kong Institute of Vocational Education / technical college, or
equivalent;
or Level 3 or equivalent or above in five subjects, including English
Language, in the Hong Kong Diploma of Secondary Education
Examination (HKDSEE), or equivalent;
or Grade E or above in two subjects at Advanced Level in the Hong Kong
Advanced Level Examination (HKALE) and Level 3 / Grade C or above
in three other subjects, including English Language (Syllabus B before
2007), in the Hong Kong Certificate of Education Examination (HKCEE),
or equivalent;
and
at least two (2) years’ relevant post-qualification experience in the
computing field;
II.
Each Relevant Employee in staff categories A, B1 and B2 must have:
(a)
Level 2 or equivalent or above in five subjects, including Chinese
Language and English Language, in the Hong Kong Diploma of
Secondary Education Examination (HKDSEE), or equivalent;
or Level 2 / Grade E or above in five subjects, including Chinese
Language and English Language (Syllabus B before 2007), in the Hong
Kong Certificate of Education Examination (HKCEE), or equivalent;
or
(b)
any one of the academic qualifications as mentioned in (a) and (b) under
section I of clause 2.1.1 above;
2.1.2 In addition to the essential qualification requirements under clause 2.1.1 above, it
is desirable for each Relevant Employee of all staff categories to fulfil the
following requirements:
(a)
Level 2 / Grade E or above in Chinese Language and Level 3 / Grade C
or above in English Language (Syllabus B before 2007) in the Hong
Kong Diploma of Secondary Education Examination (HKDSEE) or the
Hong Kong Certificate of Education Examination (HKCEE), or
equivalent; and
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(b)
fluency in spoken English, Cantonese and Putonghua and in written
English and Chinese.
It is also desirable for each Relevant Employee of staff categories 3 to 6 to possess
experience and/or obtain relevant certification in project management, systems
development/support using PRINCE, FPA, SSADM, RAD and OOAD.
2.2
Specific Requirements
The experience requirements specified under different staff categories in clauses
2.2.1 to 2.2.9 below are those demanded
on top of the essential qualification
requirements specified in clause 2.1.1 above. The Government at the time of
requesting the Service will specify the experience of working in a particular
hardware and software environment as specific requirements. Specific
requirements such as Information Technology Specialist, Information Technology
Security, Web Development, Data Administration, Networking and Quality
Assurance experience will also be specified when needed. The requirements
specified in clauses 2.2.1 to 2.2.9 below are not exhaustive and the Government
may specify other skill and/or experience requirements as appropriate in the
service requests.
2.2.1
Staff Category 6
A
Senior Project Manager should have:
(a)
at least
eleven (11) years’ post-qualification information technology
experience of which
three (3) years must be in a similar post and in a
comparable capacity. He should be proficient in one or more of the
following fields - project management, feasibility/technical studies,
systems analysis and design, application programming, operations
management, systems programming and specialized technical support,
which must be in a leading or consultancy role; and
(b)
experience in supervising a team of five (5) members or more.
2.2.2
Staff Category 5
A
Project Manager should have:
(a)
at least
eight (8) years’ post-qualification information technology
experience of which
two (2) years must be in a similar post and in a
comparable capacity. He should be proficient in one or more of the
following fields - project management, feasibility/technical studies,
systems analysis and design, application programming, operations
management, systems programming and specialized technical support;
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(b)
experience in project management or technical consultancy; and
(c)
experience in supervising a team of two (2) members or more.
2.2.3
Staff Category 4
A
Senior Systems Analyst should have:
(a)
at least
six (6) years’ post-qualification information technology
experience of which
two (2) years must be in a similar post and in a
comparable capacity. He should be proficient in mobile/wireless
technologies, knowledge management, collaborative tools, application
development, implementation or maintenance using programming
languages and various support/development tools/environments such as
JAVA, J2EE, WEBSPHERE, XML, C++, C#, COBOL, NATURAL,
SQL, VISUAL BASIC, ORACLE tools, WEB SERVICES, .NET or
OSS, and operating systems/platforms such as WINDOWS, UNIX,
LINUX, MVS, VMWARE or NETWARE;
(b)
knowledge and experience in systems analysis and design;
and with experience in feasibility/technical studies and team leading/supervision.
or
(a)
at least
six (6) years’ post-qualification information technology
experience of which
two (2) years must be in similar post and in
comparable capacity. He should be proficient in systems programming
or technical support of systems software;
(b)
knowledge and experience in systems programming;
and with experience in feasibility/technical studies and team leading/supervision.
2.2.4
Staff Category 3
A
Systems Analyst should have:
(a)
at least
four (4) years’ post-qualification information technology
experience of which
one (1) year must be in a similar post and in a
comparable capacity. He should be proficient in mobile/wireless
technologies, knowledge management, collaborative tools, application
development, implementation or maintenance using programming
languages and various support/development tools/environments such as
JAVA, J2EE, WEBSPHERE, XML, C++, C#, COBOL, NATURAL,
SQL, VISUAL BASIC, ORACLE tools, WEB SERVICES, .NET or
OSS, and operating systems/platforms such as WINDOWS, UNIX,
LINUX, MVS, VMWARE or NETWARE;
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(b)
knowledge and experience in systems analysis and design;
and preferably with experience in feasibility/technical studies and team
leading/supervision.
or
(a)
at least
four (4) years’ post-qualification information technology
experience of which
one (1) year must be in similar post and in
comparable capacity. He should be proficient in systems programming
or technical support of systems software;
(b)
knowledge and experience in systems programming;
and preferably with experience in feasibility/technical studies and team
leading/supervision.
2.2.5
Staff Category 2
An
Analyst/Programmer should have:
(a)
at least
three (3) years’ post-qualification information technology
experience of which
one (1) year must be in a similar post and in a
comparable capacity. He should be proficient in mobile/wireless
technologies, knowledge management, collaborative tools, application
development, implementation or maintenance using programming
languages and various support/development tools/environments such as
JAVA, J2EE, WEBSPHERE, XML, C++, C#, COBOL, NATURAL,
SQL, VISUAL BASIC, ORACLE tools, WEB SERVICES, .NET or
OSS, and operating systems/platforms such as WINDOWS, UNIX,
LINUX, MVS, VMWARE or NETWARE;
or
(b)
at least
three (3) years’ post-qualification information technology
experience of which
one (1) year must be in a similar post and in a
comparable capacity. He should be proficient in systems programming
or technical support of systems software.
2.2.6
Staff Category 1
A
Programmer should have:
At least
two (2) years’ post-qualification information technology experience of
which
one (1) year must be in a similar post and in a comparable capacity. He
should be proficient in mobile/wireless technologies, knowledge management,
collaborative tools, system support or application development using programming
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languages and various support/development tools/environments such as JAVA,
J2EE, WEBSPHERE, XML, C++, C#, COBOL, NATURAL, SQL, VISUAL
BASIC, ORACLE tools, WEB SERVICES, .NET or OSS, and operating
systems/platforms such as WINDOWS, UNIX, LINUX, MVS, VMWARE or
NETWARE.
2.2.7
Staff Category 0
A
Junior Programmer should have:
Knowledge and/or experience in mobile/wireless technologies, knowledge
management, collaborative tools, system support or application development using
programming languages and various support/development tools/environments
such as JAVA, J2EE, WEBSPHERE, XML, C++, C#, COBOL, NATURAL, SQL,
VISUAL BASIC, ORACLE tools, WEB SERVICES, .NET or OSS, and operating
systems/platforms such as WINDOWS, UNIX, LINUX, MVS, VMWARE or
NETWARE.
2.2.8
Staff Category A
A
Senior Information Technology Assistant should have:
At least
five (5) years’ experience in the control and operation of computer systems
such as MVS, VME, UNIX, LINUX, WINDOWS, NETWARE or
helpdesk/computer network operation, or writing MS WINDOWS application
system, or LAN administration, or PC/LAN support services.
2.2.9
Staff Categories B1 and B2
An
Information Technology Assistant should have:
At least
two (2) years’ experience in the control and operation of computer systems
such as MVS, VME, UNIX, LINUX, WINDOWS, NETWARE or
helpdesk/computer network operation, or writing MS WINDOWS application
system, or LAN administration, or PC/LAN support services.
2.3
Other Function/Specialty
The Relevant Employees of staff categories 0 to 6 may be required to perform
and/or be conversant with the following function/specialty:
2.3.1
Staff Category 6
-
Information Technology Consultant
-
Information Technology Specialist
-
Information Technology Security Specialist
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2.3.2
Staff Category 5
-
Information Technology Consultant
-
Information Technology Specialist
-
Information Technology Security Specialist
-
Web Manager
2.3.3
Staff Category 4
-
Database Administrator/Designer
-
Security Consultant
-
Senior Network System Designer/Engineer
-
Web Designer
2.3.4
Staff Category 3
-
Database Administrator/Designer
-
Security Consultant
-
Senior Network System Designer/Engineer
-
Web Designer
2.3.5
Staff Category 2
-
Network System Engineer
-
Security Engineer
-
Web Master
2.3.6
Staff Category 1
-
Network System Engineer
-
Security Engineer
-
Web Programmer
2.3.7
Staff Category 0
-
Network System Engineer
-
Security Engineer
-
Web Programmer
3.
Main Job Responsibilities
3.1
The main job responsibilities for each of the different staff categories as mentioned
in clauses 2.2.1 to 2.2.9 above are specified below:
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3.1.1
Staff Category 6
A
Senior Project Manager
is mainly deployed to perform any of the duties of staff category 5 as stated in
clause 3.1.2 in addition to any of the following:
(a)
to plan and perform information system strategy study;
(b)
to advise and liaise with users on project development initiation and on
computer-related activities; and
(c)
to provide specialist advice in specific business areas, business process
re-engineering, information technologies, etc.
3.1.2
Staff Category 5
A
Project Manager
is mainly deployed to perform any of the following duties:
(a)
to plan and control all phases of computer projects including feasibility
study, systems analysis and design, procurement and installation of
computer systems, programming, implementation, system nursing and
maintenance;
(b)
to provide technical consultancy services on operating system, data
communication, database, application software and languages;
(c)
to manage the operation of computer centre and data preparation
installations;
(d)
to evaluate and select appropriate computer products for the
development and maintenance of computer systems; and
(e)
to monitor the performance of his subordinates.
3.1.3
Staff Category 4
A
Senior Systems Analyst
is mainly deployed to perform any of the duties of staff category 3 as stated in
clause 3.1.4 plus any of the following:
(a)
to carry out quality control and quality assurance, and project
management duties as designated by the project manager;
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(b)
to monitor all phases of computer projects including feasibility study,
systems analysis and design, procurement and installation of computer
systems, programming, implementation, system nursing and
maintenance;
(c)
to monitor analyze, design and specify program components of
computer systems;
(d)
to monitor and report system testing and user acceptance;
(e)
to scrutinize project reports and specifications; and
(f)
to monitor the performance of his subordinates.
3.1.4
Staff Category 3
A
Systems Analyst is mainly deployed to perform any of the following duties:
(a)
to take part in all phases of computer projects including feasibility study,
systems analysis and design, procurement and installation of computer
systems, programming, implementation, system nursing and
maintenance;
(b)
to analyze, design and specify program components of computer
systems;
(c)
to prepare and conduct system testing and user acceptance;
(d)
to produce project reports and specifications;
(e)
to devise system and installation standards;
(f)
to devise and maintain operating procedures in line with these standards;
(g)
to monitor and report system usage and to recommend and control the
allocation of computer resources;
(h)
to develop housekeeping jobs for security control, job accounting,
system and data backup, and media management purposes; and
(i)
to monitor the performance of his subordinates.
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3.1.5
Staff Category 2
An
Analyst/Programmer
is mainly deployed to perform any of the following duties:
(a)
to write programs and enhance/maintain existing programs;
(b)
to conduct program testing, system testing and user acceptance;
(c)
to prepare and maintain program documentation;
(d)
to prepare job control procedures for trial runs and production runs;
(e)
to assist in the systems design of computer applications; and
(f)
to assist in preparing project reports and specifications.
3.1.6
Staff Categories 1 and 0
A
Programmer and Junior Programmer
is mainly deployed to perform the following duties:
(a)
to install software on new or existing computer systems;
(b)
to provide end-user computing support services including product
evaluation, trouble shooting and help-desk functions;
(c)
to set up and maintain computer networks and data communication
environment;
(d)
to write programs and enhance/maintain existing programs;
(e)
to conduct program testing, system testing and user acceptance;
(f)
to prepare and maintain program documentation; and
(g)
to prepare job control procedures for trial runs and production runs.
3.1.7
Staff Category A
A
Senior Information Technology Assistant
is mainly deployed to perform any of the duties of staff categories B1 or B2 as
stated in clauses 3.1.8 and 3.1.9 below in addition to any of the following:
(a)
to control or operate computer systems or network;
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(b)
to install hardware and software, helpdesk and network support,
automation tools; and
(c)
to assist in system administration or information technology security.
3.1.8
Staff Category B1
An
Information Technology Assistant (Shift Duty)
is mainly deployed to perform the following duties, work on shift system
(including overnight shift) and may be required to work on Saturdays, Sundays and
public holidays:
(a)
to operate computer and associated equipment/facilities according to
prescribed standards and procedures, monitor their performance and
perform routine operator maintenance;
(b)
to prepare jobs according to prescribed procedures and ensure their
successful completion and check completeness and qualities of the
computer output;
(c)
to provide first line help service to terminal network users and perform
associated help desk activities using tools provided, if any and carry out
on-site inspection and take recovery action according to prescribed
procedures;
(d)
to assist in setting up workstation or networked equipment, scheduling
and monitoring computer equipment installation/relocation and perform
site preparation work;
(e)
to fulfil logging and administrative reporting requirements and assist in
preparing statistics and reports;
(f)
to keep stock and monitor stock level of computer supplies and assist in
their procurement and payment; and
(g)
to update and maintain inventory records of computer hardware, perform
physical checks and maintain procedure manuals and documentation.
3.1.9
Staff Category B2
An
Information Technology Assistant (Non-shift Duty)
is mainly deployed to perform the duties of staff category B1 as stated in clause
3.1.8 above during office hours normally. May be required to work outside
normal office hours including Saturdays, Sundays and public holidays as and when
required.
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3.2
Job Responsibilities for Other Function/Specialty
In addition to the main job responsibilities set out in clauses 3.1.1 to 3.1.9 above,
the Relevant Employees of staff categories 0 to 6 may be required to perform the
following job responsibilities for each function/specialty:
3.2.1
Staff Category 6
An
Information Technology Consultant
is mainly deployed to perform any of the duties of the same function/specialty
of staff category 5 as stated in clause 3.2.2 in a senior management role.
An
Information Technology Specialist is mainly deployed to perform any of the duties of the same function/specialty
of staff category 5 as stated in clause 3.2.2 in a senior management role.
An
Information Technology Security Specialist
is mainly deployed to perform any of the duties of the same function/specialty
of staff category 5 as stated in clause 3.2.2 in a senior management role.
3.2.2
Staff Category 5
An
Information Technology Consultant
is mainly deployed to perform the following duties:
(a)
to provide specialist advice and consultation in specific business areas,
information technology strategic planning, business process re-
engineering, specific information technologies, etc.;
(b)
to prepare business and information technology strategy plans and re-
engineering plans to satisfy corporate and business objectives, identify
critical success factors and conduct organizational and structure
analysis;
(c)
to provide consultancy services in adoption and application of specific
information technologies in the Government; and
(d)
to assist the Government in selecting tools and/or developing procedures
for planning, controlling and tracking program activities and assessing
goals and objectives.
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An
Information Technology Specialist
is mainly deployed to perform any of the following duties:
(a)
to provide specialist advice and consultation in information technology
areas such as data analysis and modeling, network, methodologies,
quality, disaster recovery planning, etc.;
(b)
to design and implement quality procedures and processes for an
organization including workflow and document management;
(c)
to undertake quality audit work; and
(d)
to provide data analysis and data modeling techniques.
An
Information Technology Security Specialist
is mainly deployed to perform any of the following duties:
(a)
to provide specialist advice and consultation in information technology
security; and
(b)
to provide consultancy services in formulating security strategy and
designing security framework and architecture with regard to corporate
and business requirements, environment and constraints.
A
Web Manager
is mainly deployed to perform any of the following duties:
(a)
to plan and manage multiple project teams and technologies;
(b)
to establish procedures and automated performance measurement
capability to monitor the technical accomplishment and progress of
projects;
(c)
to maintain cross-platform and cross-browser compatibility of web sites;
(d)
to develop project management plans and quality control parameters for
each work assignment; and
(e)
to schedule and assign duties to subordinates.
3.2.3
Staff Category 4
A
Database Administrator/Designer
is mainly deployed to perform any of the duties of the same function/specialty of
staff category 3 as stated in clause 3.2.4 in a supervisory role.
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A
Security Consultant
is mainly deployed to perform any of the duties of the same function/specialty of
staff category 3 as stated in clause 3.2.4 in a supervisory role.
A
Senior Network System Designer/Engineer
is mainly deployed to perform any of the duties of the same function/specialty of
staff category 3 as stated in clause 3.2.4 in a supervisory role.
A
Web Designer
is mainly deployed to perform any of the duties of the same function/specialty of
staff category 3 as stated in clause 3.2.4 in a supervisory role.
3.2.4
Staff Category 3
A
Database Administrator/Designer
is mainly deployed to perform any of the following duties:
(a)
to design, implement, and support databases and database programs to
meet user requirements;
(b)
to provide technical database support on data analysis and modeling,
database definitions and design, monitoring and advice to the
development team;
(c)
to evaluate and recommend available DBMS products after matching
user requirements with system capabilities; and
(d)
to prepare and deliver presentations on DBMS concepts.
A
Security Consultant
is mainly deployed to perform any of the following duties:
(a)
to perform security risk assessment, security audit, and penetration
testing;
(b)
to identify and recommend security safeguards and solutions, and
provide general and technical security consultation and advice to user;
(c)
to develop and review security policies, standards, guidelines and
procedures;
(d)
to define the approach, methodology and tools used in various security
services;
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(e)
to prepare deliverables such as security requirement report, security risk
assessment report, security policies, standards, guidelines and
procedures etc., and deliver presentations;
(f)
to develop course materials and conduct training and education on
information technology security awareness and information technology
security skills;
(g)
to perform network and host intrusion monitoring and detection; and
(h)
to provide on-site investigation, containment, eradication and recovery
for information security incident response support.
A
Senior Network System Designer/Engineer
is mainly deployed to perform any of the following duties:
(a)
to analyze and interpret user requirements on networking and office
systems to provide viable solutions and produce the respective proposals
and specifications;
(b)
to liaise with other hardware and software vendors on product selection,
development, evaluation and conformance leading to recommendations
on cost effective network solutions;
(c)
to perform quality control and quality assurance in network
implementation and to perform studies on the optimization of network
availability;
(d)
to provide high level and detailed networking advice to system
developer;
(e)
to implement and provide support for resolving network troubles,
tracking network performance and managing growth;
(f)
to prepare and conduct system test and user acceptance test for the office
systems;
(g)
to provide pre-installation and post-installation support to computer
networks; and
(h)
to supervise and lead the work of network engineers working in the same
team.
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A
Web Designer
is mainly deployed to perform any of the following duties:
(a)
to participate in the design of web sites using web development tools and
software;
(b)
to provide creative direction and design web templates for personal
performing the design and implementation tasks;
(c)
to create graphics, multimedia assets for the web sites;
(d)
to produce and maintain documentation; and
(e)
to prepare and deliver presentations on the design of web sites to
colleagues and Government Representatives.
3.2.5
Staff Category 2
A
Network System Engineer
is mainly deployed to perform any of the duties of the same function/specialty of
staff categories 1 and 0 as stated in clause 3.2.6 in a supervisory role.
A
Security Engineer
is mainly deployed to perform any of the duties of the same function/specialty of
staff categories 1 and 0 as stated in clause 3.2.6 in a supervisory role.
A
Web Master
is mainly deployed to perform any of the following duties:
(a)
to manage the content of web sites;
(b)
to integrate multimedia assets and applications into the web sites;
(c)
to organize, maintain and enhance the web sites;
(d)
to maintain cross-platform and cross-browser compatibility of the web
sites;
(e)
to provide daily support services for the web sites; and
(f)
to capture and provide statistics on web site usage and workload.
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3.2.6
Staff Categories 1 and 0
A
Network System Engineer
is mainly deployed to perform the following duties:
(a)
to participate in the configuration and installation of popular office
automation application, network operating systems, network equipment
and networking software;
(b)
to diagnose and resolve problems encountered during network
implementation;
(c)
to prepare guidelines and procedures for the daily operations of installed
WAN/LAN;
(d)
to develop programs and ensure program testing meets user
requirements for office systems;
(e)
to produce and maintain documentation of office systems; and
(f)
to develop course materials and conduct user training of the developed
office systems.
A
Security Engineer
is mainly deployed to perform the following duties:
(a)
to perform network and host intrusion monitoring and detection;
(b)
to assist in performing security risk assessment, security audit, and
penetration testing; and
(c)
to assist in on-site investigation, containment, eradication and recovery
for information security incident response support.
A
Web Programmer
is mainly deployed to perform the following duties:
(a)
to participate in the development of programs using web development
tools and software and ensure program testing meets user requirements;
(b)
to produce and maintain well documented programs that adhere to
standards and satisfy user requirements;
(c)
to provide daily support services for the web sites; and
(d)
to produce and maintain documentation.
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The responsibility listed above for each staff category is for illustrative purpose
only and is not exhaustive. Relevant Employees are required to carry out other
duties as directed by the Supervisor and the Government Representative.
Relevant Employees shall work in office premises designated by the Government
Representative.
4.
Selection of Relevant Employee
4.1
This Contract adopts a competitive bidding approach to service engagement by
requiring the Contractors to propose Individual Rates for Relevant Employees and
bid for every service request instead of adopting a pre-determined service rate.
4.2
Under the competitive bidding approach, (i) Contract Ceiling Rates and (ii)
Individual Rates are introduced.
4.3
As and when the Service is required, the Government shall request the Contractor
to propose eligible Relevant Employee for selection by the Government
Representatives. On the request, the Government shall specify the Period of
Service (RE) of a Relevant Employee or period for extension of service of the
Relevant Employee. The Government is not under any obligation to make any
request. The Government may or may not make any request under the Contract.
Alternatively, the Government, where applicable, shall deploy the serving
Relevant Employee and/or extend the Period of Service (RE) of the serving
Relevant Employee in accordance with clause 5.5 of Part IV, in order to render the
Service (RE).
4.4
In the event that the Service is required, the Government shall notify the Contractor
of relevant details such as the required staff category, number, skills and
experience of Relevant Employee and the anticipated Period of Service (RE) and
invite the Contractor to propose by the specific time as indicated in the service
request and make available eligible Relevant Employee for selection by the
Government Representatives accordingly. Under normal circumstances, the
Contractor shall be given no less than one (1) week to respond to the service
request. In proposing eligible Relevant Employee for selection by the
Government Representatives, the Contractor shall also quote the Individual Rate
for the proposed Relevant Employee. Unless otherwise specified by the
Government Representatives, the validity of the proposal by the Contractor shall
be no less than ninety (90) calendar days. Upon the deadline of submission of
proposal, the Government Representatives will verify the information submitted
and only qualified bids will be accepted.
4.5
Selection of Relevant Employee as stipulated in clause 4.4 above is on an
individual person basis and will be conducted by a selection board appointed by
the Government. The Relevant Employee proposed by the Contractor may be
invited to selection interviews and is required to produce evidence on his
qualifications, past performance, skills and experience. In shortlisting the
eligible Relevant Employees for consideration or selection interviews, the
Individual Rate will be taken into account. Priority will be given to eligible
candidates with lowest Individual Rates for selection interviews. Nevertheless,
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Tender Ref: GCIO 5/2 (T25)
the Government is not bound to select the proposed Relevant Employee with the
lowest Individual Rate or any Relevant Employee.
4.6
Notice of Service (RE) will be issued upon successful selection of Relevant
Employee who will then be deployed to provide the Service (RE) under the
instruction of the Government Representative.
4.7
The Contractor shall ensure that Relevant Employees deployed to provide the
Service (RE) to the Government are lawfully employable in Hong Kong.
4.8
The Contractor will arrange the Relevant Employees to make declaration on their
previous criminal records and to give consent for the Government to conduct
checking on their previous criminal conviction records if required by the
Government. A Relevant Employee who refuses to make declaration or give
consent if required by the Government may not be accepted by the Government
pursuant to clause 4.3 of Part IV.
4.9
The Government has the absolute discretion to accept/reject any candidates
proposed by the Contractor.
5.
Working Conditions of Relevant Employee
5.1
The Contractor shall ensure that each Relevant Employee:
(a)
shall follow instructions issued by the Government Representative for
the proper performance of the Service (RE);
(b)
shall work at such locations in Hong Kong as deemed necessary by the
Government Representative and as may be designated from time to time.
On occasions, a Relevant Employee may be required to work at locations
in Guangdong Province, including Shenzhen, on same day return
journey as deemed necessary and as may be designated by the
Government Representative. Such occasions, however, will be rare
and in any case will not be more than five (5) times in a year for each
Relevant Employee;
(c)
shall upon request by the Government Representative provide on-call
service and carry any mobile telephone/pager provided by the
Government;
(d)
shall devote fully to providing Service (RE) to the Government
Representative during the conditioned hours of work as well as outside
the same under clause 5.1(e) below. The conditioned hours of work of
Relevant Employee are forty-four (44) hours gross per week (i.e.
including meal breaks). The Contractor shall specify the normal office
hours of each Relevant Employee in his contract of employment;
(e)
shall upon request by the Government Representative provide
Service (RE) (i) on any day or days including Saturdays, Sundays and
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Tender Ref: GCIO 5/2 (T25)
public holidays; (ii) in shift arrangement drawn up by Government
Representative; and (iii) on an hourly basis; and
(f)
shall immediately report to the Contractor about his/her criminal
conviction record during the Period of Service (RE).
5.2
In the event that the Relevant Employee works overtime to provide Service (RE)
at the request of the Government Representative, the Contractor shall provide the
Relevant Employee time-off equivalent to the said period. Subject to clause
10.2(c) of Part IV, the time and date for the Relevant Employee to have the time-
off shall be at the Government Representative’s absolute discretion.
5.3
The Contractor shall take notice of clause 5 of Part IV and make available the
Relevant Employee to provide Service (RE) for the whole Period of Service (RE).
If the Contractor permits the Relevant Employee to take leave during the Period of
Service (RE), the Contractor must consult the Government Representative and the
time and length of any leave to be taken by the Relevant Employee shall only be
with the prior agreement of the Government Representative.
5.4
Throughout the Period of Service (RE), the Relevant Employee may be deployed
to perform any other duties as deemed necessary by the Government
Representative.
5.5
The Relevant Employee shall observe all Government rules and regulations on
conduct and related matters as applied to civil servants. Government rules and
regulations on conduct and related matters cover a wide field, and it is the
responsibility of the Relevant Employee to acquaint himself with
all such rules and
regulations including Civil Service Regulations, memoranda and circulars issued
and updated by the Government from time to time. Relevant Employees will be,
however, excluded from any fringe benefits normally applicable to a civil servant.
5.6
The Contractor shall cover all Relevant Employees by valid insurance pursuant to
the Employees’ Compensation Ordinance (Cap. 282).
5.7
The Government shall not be responsible for any expenses that may be incurred by
the Relevant Employee during the Period of Service (RE) (e.g. meal allowance,
sick leave allowance, on-call allowance, subsistence allowance.) In special
circumstances where the Relevant Employee is, with the prior authorization and
certification of the Government Representative, (i) required to take journey(s) in
Hong Kong other than normal home-office journey; or (ii) on rare occasions
required to work in Guangdong Province on same day return journeys as stipulated
in clause 5.1(b) above, the Government will reimburse the Contractor for the
traveling expenses spent by the Relevant Employee on such journey(s) which is/are
made by means of public land transport and the Contractor shall reimburse the
same to the Relevant Employee. The rules of reimbursement will be based on the
principles as laid down in the relevant regulations of the Government.
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6.
Work Arrangements during Severe Weather Conditions
6.1
Unless otherwise specified by the Government, the Relevant Employees will be
released from work under the following circumstances:
(a)
When a Pre-No. 8 Tropical Cyclone Warning Signal (“No. 8 Warning
Signal”) Special Announcement, or the No. 8 or higher Warning Signal,
or Black Rainstorm Warning is issued outside of office hours, the
Relevant Employee need not report for duty while the Announcement or
the Signal/Warning remains in effect; or
(b)
When a Pre-No. 8 Special Announcement, or the No. 8 or higher
Warning Signal is issued during office hours, the Relevant Employees
will be released having regard to operational requirements and the
circumstances of the Relevant Employees.
6.2
The number of release hours granted by the Government stipulated in clause 6.1
above will not be deducted from the number of chargeable hours of services. The
Contractor shall pay the Relevant Employee for the total duration of such release
in the same manner as he has performed the Service (RE) as required by the
Contract such that the pay of the Relevant Employee shall not be reduced due to
the release.
7.
Training for Relevant Employee
7.1
Relevant Employees are expected to have completed all training covering the
knowledge and skill required and be competent in their jobs.
7.2
At the request of the Government, the Contractor shall provide and/or arrange job-
related training for the Relevant Employees during the Period of Service (RE), for
which the costs shall be borne by the Contractor.
7.3
Subject to the prior agreement of the Government Representative to release the
Relevant Employees to attend training during office hours, the Contractor may
initiate to provide and/or arrange training to the Relevant Employees at the
Contractor’s own cost during the Period of Service (RE).
7.4
The Government may, at the Government’s own cost, arrange any job-related
training for the Relevant Employees during the Period of Service (RE).
7.5
Time spent on training referred in clauses 7.2 and 7.3 above shall not be counted
as chargeable hours of services by the Contractor against the Government. Time
spent on training referred in clause 7.4 above shall be counted as chargeable hours
of services by the Contractor against the Government. During the periods of the
Relevant Employee attending the training courses referred in clauses 7.2, 7.3 and
7.4 above, the Contractor shall pay the Relevant Employee for the total duration of
such attendance in the same manner as he has performed the Service (RE) as
required by the Contract such that the pay of the Relevant Employee shall not be
reduced after attendance of the training.
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Tender Ref: GCIO 5/2 (T25)
8.
Human Resources Management of Relevant Employee
8.1
The Contractor shall be responsible for the human resources management over the
Relevant Employee. The Contractor must demonstrate that it is fully capable and
is ready to acquire in a timely manner fully qualified staff of the requisite staff
category; to update and upgrade the skills of its staff; to maintain their stability and
to review their performance. The Contractor shall report on the above aspects on
a regular basis or as and when required by the Government Representative.
8.2
The Contractor shall implement the Service Assurance Plan and Staff Management
Plan (referred hereunder as “the Plans”) in managing the Relevant Employees as
proposed in Contract Schedule 8 of Part III, subject to any amendments prescribed
in the Plans by the Government Representative in accordance with clauses 8.1 and
8.2 of Part IV.
8.3
The Contractor shall take actions to enhance the Relevant Employees’ awareness
of labour protection and benefits they are entitled to under the laws and
employment contracts.
9.
Electronic Interfaces between the Government and the Contractor
9.1
To enable effective electronic interactions and communications as well as to
facilitate the interoperability of information systems between the Government and
the Contractor throughout the Term of the Contract:
(a)
The Contractor must equip itself with and maintain at its own cost no less
than the minimum information technology facilities/resources as stated in
Contract Schedule 10 of Part III; and
(b)
The Contractor undertakes to comply with the prevailing
Government’s Interoperability Framework when exchanging
information/data electronically with the Government. Reference
materials and details about the prevailing Government’s
Interoperability Framework can be found in the website of the
Office of the
Government Chief Information Officer at
https://www.ogcio.gov.hk/en/our_work/infrastructure/e_government/if/i
nteroperability_framework.html. In the event that the Government
elects to offer any PC-based and/or internet-based application programs
for use by the Contractor, the Contractor shall provide support and render
all assistance to the Government and follow the guidelines and procedures
as given by the Government for installation, upgrade, testing and
operation of the electronic interfaces.
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Document Outline