T26 Tender Documents.pdf

Tender Ref: GCIO 5/2 (T26)

RESTRICTED

Invitation to 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 (T26)

Tender Ref: GCIO 5/2 (T26)



Page 1 of 1

Tender  Ref:  GCIO  5/2  (T26)
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
in relation to another person means
Person”

(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  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;

Part I – Terms of Tender



Page 3 of 61

Tender  Ref:  GCIO  5/2  (T26)
“Categories”
or  means the different categories of Relevant Employees as
“Staff  Categories”  listed in clause 2.3 of this Part;
(in  upper  or  lower
case)

“Commencement
means  a  date  to  be  notified  by  the  Government  to  all
Date”
SOA Contractors by not less than seven (7) days’ prior
written notice and which date can be any date within the
period from 1 February 2023 to 1 May 2023 (both dates
inclusive);

“conditioned  hours  has the meaning given to the term in clause 5.1(d) of Part
of work”
VI;

“Confidential
means  information  contained  in  the  Materials  and  all
Information”
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”
or  means  the  contract  between  the  Contractor  and  the
“SOA Contract
Government comprising the Terms of Tender, Offer to
be Bound, Standing Offer Deed, Conditions of Contract,
Specifications,  Contract  Schedules  including  those  as
submitted  by  the  Contractor  as  part  of  its  Tender  and
other  documents  which  are  incorporated  by  reference
herein;

in  each  case  (a)  subject  to  such  further  changes  as  the
Government  may  stipulate  in  exercise  of  its  powers
under  the  Terms  of  Tender  or  the  Terms  of  Tender
(Supplement), and/or otherwise subject  to  such further
changes  as  the  Government  and  the  Contractor  may
agree; and (b) in the version as attached to the Standing
Offer Deed for identification purposes.

Each  of  the  above  documents  shall  be  referred  to
throughout the Tender Documents and the Contract by
their  respective  titles  as  appearing  in  quotation  marks
above.

References  to  “the  Contract”  or  “this  Contract”  shall
mean the same Contract as defined above;

“Contract  Ceiling  means  the  upper  limit  of  the  Individual  Rate  per  staff
Rate”  or  “Ceiling  category that the Contractor may charge for the Service
Rate”
as proposed in Contract Schedule 1 of Part III, subject to
such adjustments as stipulated in clauses 3.2 and 3.3 of
Part IV from time to time;

Part I – Terms of Tender



Page 4 of 61

Tender  Ref:  GCIO  5/2  (T26)
“Contractor”
or
means a person who has been awarded with the Contract
“SOA Contractor”
and  whose  name  is  identified  as  the  Contractor  in  the

Standing Offer Deed in Part V;

“day”
means calendar day;

“Employer”
means the Contractor;

“Force
Majeure  means:
Event”

(a)
any  outbreak  of  war,  hostilities  (whether  war  be
declared or not), invasion, acts of foreign enemies,
rebellion,  revolution  affecting  Hong  Kong,
overthrow (whether by external or internal means)
of the Government; or

(b)
any event which is not caused or contributed to by,
and  is  beyond  the  control  of,  the  Contractor,  its
related  persons  (as  defined  in  clauses  34.6  and
34.7  below)  or  any  employee  or  agent  or
ex-employee  or  ex-agent  of  the  Contractor  and
none  of  them  can  prevent  the  consequences  of
such event from happening;

and  which,  in  any  case  of  (a)  or  (b)  above,  materially
prevents  the performance of the duties and obligations
of any Party hereunder; for the avoidance of doubt, any
change of law and regulation of whichever jurisdiction
or any epidemic event affecting Hong Kong or the rest
of the world or any anti-epidemic measure introduced in
the light of any epidemic event shall not be treated as a
Force Majeure Event (unless the Government agrees in
writing);

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

“Government
means  all  property,  equipment,  data,  documents,
Data”
or  information, text, drawings, pictures, diagrams, images,
“Government
sound or music, and any other materials of whatsoever
Property”
nature  (tangible  or  intangible)  stored,  presented  or

embodied in any medium, and which are provided or to

be provided by the Government to the Contractor under

or  for  the  purposes  of  or  in  relation  to  the  Contract  or

otherwise the Contractor has access;

“Government
means the Government Chief Information Officer or any
Representative”
other officer duly authorized to act for and on behalf of
the Government for the purposes of the Contract;

Part I – Terms of Tender



Page 5 of 61

Tender  Ref:  GCIO  5/2  (T26)
The  Government  may  change  the  Government
Representative and/or his post title from time to time as
it thinks fit without prior notice to the Contractor;

“Guangdong
means  the  Guangdong  Province  of  the  People’s
Province”
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
means the lawful currency of Hong Kong;
dollars”

or

“HK$”

“Hong Kong Time”  means local time which is GMT+8;

“Individual Rate”
means in relation to a Relevant Employee, the daily rate
of providing that Relevant Employee to the Government
for providing Service  (RE) throughout  the conditioned
hours of work per day at an average of 8.8 hours gross
per  day  (i.e.  including  meal  break)  (whereby  the  total
hourly figure performed for the week has been adopted
to  determine  the  daily  average)  and  throughout  the
applicable  Period  of  Service  (RE),  as  quoted  by  the
Contractor  in  response  to  a  Service  Request
(Competitive Bidding) for such Relevant Employee;

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

“Invitation
to
means this invitation  to tender for the provision  of the
Tender”
Service to the Government on the terms and conditions
set out in the Tender Documents;

“laws”
means  all  and  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”
means  any  and  all  works  and  materials  of  whatsoever
nature (including their drafts and uncompleted versions)
developed,  written,  prepared,  produced,  created,
collected, compiled or provided by or on behalf of or for
Part I – Terms of Tender



Page 6 of 61

Tender  Ref:  GCIO  5/2  (T26)
the  Contractor  (including  with  limitation  all  Relevant
Employees),  in  the  provision  of  the  Services  and/or
Service  (RE)  or  for  the  purposes  of  the  Contract
including
without
limitation,
any
computer
programming  code  (including  any  source  code  and
object
code),
reports,
summaries,
models,
questionnaires,
analyses,
papers,
advice,
recommendations,  documents,  records,  plans,  designs,
drawings,  pictures,  diagrams,  images,  sound,  music,
formula,  tables,  charts,  databases,  computer  source
codes,  compilation  of  data  or  information,  data  or
information collected, compiled, produced or created by
the Contractor, its employees, agents or sub-contractors
including  all  Relevant  Employees,  which  are  recorded
or stored by whatever means in whatever form or media,
and  all  the  drafts,  uncompleted  versions  and  working
papers of any of the above items;

“month”
means calendar month;

“nominee  Relevant  means a nominee to be proposed by a SOA Contractor
Employee”
or  in response to a Service Request (Competitive Bidding);
“proposed Relevant
Employee”
or
“candidate”

“Non-collusive
means a document known as such and in the form set out
Tendering
in Contract Schedule 11 of Part III for completion and
Certificate”
submission by the Tenderer as part of its Tender under

clause 32.2 of this Part;

“normal
office  has the meaning given to the term in clause 10.2(c) of
hours”
Part IV;

“Notice of Service
means  the  written  notice  from  the  Government  to  the
  (RE)”
successful  SOA  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;

“Notice  of  Service  has the meaning given to the term in clause 5.7 of Part
(Extension)”
IV;

“Original  Tender  means 5 August 2022;
Closing Date”


“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;
Part I – Terms of Tender



Page 7 of 61

Tender  Ref:  GCIO  5/2  (T26)
“payment  for  the  has the meaning given to the term in clause 10.2 of Part
Service”
IV;

“Period  of  Service  means the period during which the Relevant Employee
(RE)”  or  “Service  performs the Service (RE) under the Contract as from
Period (RE)”
time  to  time  extended  or  varied  in  accordance  with

clause 5.7 of Part IV;

“Person”  (in  upper  includes  any  individual,  corporation,  firm  and
or lower case)
unincorporated body;

“Public Sector”
comprises  the  Government,  statutory  bodies  in  Hong
Kong and aided schools as defined under the Education
Ordinance (Cap. 279);

“Relevant
means an employee of the Contractor to be deployed to
Employee”
perform the Service (RE) in accordance with a Notice of
Service or a Notice of Service (Extension);

“Service”
or  means  all  duties,  obligations  and  services  to  be
“Services”
performed and provided by the Contractor as specified
in the Contract;

“Service
Request  has the meaning given to the term in clause 4.3 of Part
(in  upper  or  lower  VI;
case)

“Service
Request  has the meaning given to the term in clause 4.3 of Part
(Competitive
VI;
Bidding)

“Service
Request  has the meaning given to the term in clause 4.3 of Part
(Extension)”
VI;

“Service (RE)”
means  the  services  to  be  performed  by  the  Relevant
Employee  as  provided  by  the  Contractor  to  the
Government under this Contract in compliance with all
requirements  of  the  Contract  including  without
limitation the Specifications in Part VI;

“Shenzhen”
means  the  Shenzhen  Special  Economic  Zone  of  the
People’s Republic of China;

“Standing  Offer
means the agreements made between the contractors and
Agreement
for
the  Government  for  the  supply  of  information
Quality
technology professional services under tender references
Professional
of  GCIO  5/10-R,  GCIO  5/11-R,  GCIO  5/12-R  or
Services”
GCIO90525965;

“Standing
Offer  means the document in the form set out in Part V of the
Deed”
Tender Documents;
Part I – Terms of Tender



Page 8 of 61

Tender  Ref:  GCIO  5/2  (T26)
“Supervisor”
means  the  person  nominated  by  the  Contractor  to  be
responsible for supervising the Relevant Employees for
the purpose of this Contract;

“Tender”  (in  upper  means an offer to provide the Service as submitted by a
or lower case)
Tenderer in response to the Invitation to Tender;

“Tender
Closing  means  the  latest  date  (Hong  Kong  Time)  by  which
Date”
Tenders must be lodged  including the Original Tender
Closing  Date,  and  as  such  date  may  be  extended  in
accordance with clause 5.14 of this Part;

“Tender
has the meaning given to it in clause 3 of this Part;
Documents”


“Tender
means the date of the Offer to be Bound in Part II;
Submission Date”

“Tender Validity
has the meaning given to it in clause 7.2 of this Part;
Period”

“Tenderer”
means the person 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 clause 1.2 of Part IV;

“Time”
means a time of day as a reference to Hong Kong Time;

and

“Working  Day”  (in  means Monday to Friday, other than a public holiday, or
upper or lower case)  a day on which Tropical Cyclone Warning Signal No. 8
or above is hoisted, or Black Rainstorm Warning Signal
or “extreme conditions after super typhoons” announced
by the Government is/are in force, for any time during
the normal business hours. For the avoidance of doubt,
this definition does not  necessarily  apply to  define the
normal  office hours or conditioned hours of work of a
Relevant Employee.

1.2
Unless  otherwise  expressly  stated  to  the  contrary,  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
Part I – Terms of Tender



Page 9 of 61

Tender  Ref:  GCIO  5/2  (T26)
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;

(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;

(e)
references  to  “Tenderer”  or  “Contractor”  include  its  permitted  assigns,
successors-in-title, 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 a clause, sub-clause, section in or a Schedule, Appendix or any
other  attachment  to  a  document  are  to  a  clause,  sub-clause,  section  or  a
schedule, appendix or attachment to that document;

(h)
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, regardless of the jurisdiction;

(i)
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;

(j)
a time of a day means a reference to Hong Kong time;

(k)
references to “normal business hours” mean 0900 to 1800 hours;

(l)
references to a day mean a calendar day;

(m)
references to a month mean a calendar month;

(n)
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;

(o)
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;

Part I – Terms of Tender



Page 10 of 61

Tender  Ref:  GCIO  5/2  (T26)
(p)
words importing the whole are treated as including a reference to any part
of the whole;

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

(r)
words and expressions extend to their grammatical variations and cognate
expressions where those words and expressions are de-fined in the Tender
Documents or by reference to any other definition;

(s)
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

(t)
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
All and any provisions set out in the Tender Documents may be further amended or
deleted in the supplements to these documents to be issued as part of the same set of
the Tender Documents for an Invitation to Tender, regardless of whether or not this
is stated to be the case in the individual provisions.

1.6
Unless otherwise provided for in the Tender Documents, all quotations and payments
shall be made in Hong Kong dollars.

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 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
Part I – Terms of Tender



Page 11 of 61

Tender  Ref:  GCIO  5/2  (T26)
Representative.    Upon  request  by  the  Government  in  accordance  with  the
procedure  set  out  in  clause  4  of  the  Specifications  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.

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
280

4
Senior Systems Analyst
330

3
Systems Analyst
1 730

2
Analyst/Programmer
1 360

1
Programmer
230

0
Junior Programmer
120

A
Senior Information Technology Assistant
210

B1
Information Technology Assistant
100
(shift duty)

B2
Information Technology Assistant
230
(non-shift duty)

Total:
4 600

* Note: One “man-year” is equal to one unit of manpower for provision of Service
(RE) for 12 calendar months, irrespective of the number of individuals performing
the Service (RE) for making up that one unit of manpower.

Part I – Terms of Tender



Page 12 of 61

Tender  Ref:  GCIO  5/2  (T26)
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 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.    The amount payable by
the Government  to  the  Contractor  for each Relevant  Employee to  be supplied  for
performing the Service (RE) throughout the Service Period (RE) will be calculated
on a time charge basis according to clause 10 of Part IV for the Period of Service
(RE) actually performed by the Relevant Employees.

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  clause  1.2  of  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  (T26),  comprises  the
following documents (collectively “Tender Documents”):

(a)
Part I    -    Terms of Tender (Pages 1 to 61)
(b)
Part II  -    Offer to be Bound (Page 1)
(c)
Part III  -    Contract Schedules (Pages 1 to 30)
(d)    Part IV  -    Conditions of Contract (Pages 1 to 44)
(e)
Part V    -    Standing Offer Deed (Pages 1 to 3)
(f)
Part VI   -  Specifications (Pages 1 to 25)

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.

Part I – Terms of Tender



Page 13 of 61

Tender  Ref:  GCIO  5/2  (T26)
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, exemption  from  compliance or observance, 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  obligation  or  liability  under  the
Contract  as  a  consequence  of  any  misinterpretation  by  it  of  any  provision  in  the
Tender Documents or the Contract.

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 Contract
Schedules 1, 2A, and 8 of Part III.    Failure to submit (a) the Contract Ceiling
Rate for each Staff Category; (b) the name of the proposed Contract Manager,
Key Operations Contact Person, and the Technical Support Officer; and/or (c)
one or more proposals but not necessarily proposals for all items required in
Part I – Terms of Tender



Page 14 of 61

Tender  Ref:  GCIO  5/2  (T26)
the plans in Contract Schedule 8 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  (T26)”  and  the  words,  “Technical
Submission”  and  in  another  envelope  clearly  marked  with  the  tender  reference
“GCIO 5/2 (T26)” and the words, “Price Submission”.    Both envelopes should be
placed inside another sealed envelope marked with the tender reference “GCIO 5/2
(T26)”  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 Secretariat Tender Box situated
at  the  Lobby  of  the  Public  Entrance  on  the  Ground  Floor,  East  Wing,  Central
Government  Offices,  2  Tim  Mei  Avenue,  Tamar,  Hong  Kong  before  12:00  noon
(Hong  Kong  Time)  on  the  Tender  Closing  Date.    Late  Tenders  will  not  be
considered.

5.6
The envelope marked “Technical Submission” should contain one original of each
of the following:

(a)
the duly signed “Offer to be Bound” in Part II;

(b)
the  completed  Contract  Schedule  2A  of  Part  III  –  “Experience  and
Employment Status of Nominees for Contract Manager, Key Operations
Contact Person and Technical Support Officer”, Contract Schedule 2B of
Part III – “Tenderer’s Experience” and Contract Schedule 8 of Part III –
“Service Assurance Plan and Staff Management Plan”; and

(c)
all  proposals,  information  and  supporting  documents  requested  in  the
Tender Documents or relevant to its tender, including but not limited to
those required set out in the checklist on the information, forms, schedules,
documents, etc. to be submitted by Tenderers at Annex A (other than (i)
Contract  Schedule  1  which  is  required  to  be  submitted  in  the  Price
Submission;  and  (ii)  those  items  which  are  stated  to  be  submitted  upon
request of the Government).

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
Part I – Terms of Tender



Page 15 of 61

Tender  Ref:  GCIO  5/2  (T26)
quote the prices in Hong Kong dollars.    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, 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 5.8 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; or

(iii)
its  business  name  as  shown  in  the  current  business  registration
certificate of the Tenderer;

(b)
if the Tenderer is a sole proprietorship or a Partnership, the latest business
registration  certificate  of  the  Tenderer  issued  under  the  Business
Registration Ordinance (Chapter 310 of the Laws of Hong Kong); 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  signing  the
Tender in the name of the Tenderer (or of the sole proprietorship),
or a person authorised by the Tenderer signing the Tender for and on
behalf of the Tenderer;

(ii)
if  the  Tenderer  is  a  partnership,  one  or  more  partner(s)  of  the
Tenderer signing in the name of the partnership (and in the case of
Part I – Terms of Tender



Page 16 of 61

Tender  Ref:  GCIO  5/2  (T26)
limited  partnership,  that  partner  must  be  a  general  partner);  or  a
person authorised by the partnership, signing the Tender for and on
behalf of the Tenderer; or

(iii)
if the Tenderer is  a  company, a director of the Tenderer or one or
more persons who are duly authorised by the Tenderer signing 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  or  “extreme  conditions  after  super  typhoons”
announced by the Government is/are 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.

5.15
In case of blockage of the public access to the location of the Specified Tender Box
at  any  time  between  9:00  a.m.  (Hong  Kong  Time)  and  12:00  noon  (Hong  Kong
Time)  on  the  Original  Tender  Closing  Date,  the  Government  will  announce
extension  of  the  Original  Tender  Closing  Time  until  further  notice.    Following
removal of the blockage, the Government will announce the extended tender closing
time  as  soon  as  practicable.    The  above  announcements  will  be  made  via  press
releases
on
the
website
of
Information
Services
Department
(http://www.info.gov.hk/gia/general/today.htm).

5.16
The Government shall not have or accept any liability, obligation or responsibility
whatsoever  for  any  loss  of,  destruction  of  or  damage  to  the  Tender  submission
submitted and/or deposited by Tenderers in the Specified Tender Box if such loss,
destruction or damage shall be caused by or directly or indirectly due to any outbreak
of  war,  hostilities  (whether  war  be  declared  or  note),  invasion,  acts  of  foreign
enemies, riot, civil commotion, rebellion, storm or other cause whatsoever beyond
the reasonable control of the Government.    Following any event which results in
such loss, destruction or damage, the Government will announce any arrangements
concerning Tender submission as soon as practicable.    The above announcements
will be made via press release on the website of Information Services Department
(http://www.info.gov.hk/gia/general/today.htm).


6.
Essential Requirements

6.1
Tenderers  must  demonstrate  in  their  Tenders  full  compliance  with  each  of  the
essential  requirements  set  out  in  clauses  6.2(a)  to  6.2(c)  below,  failing  which  the
Tenders shall not be considered.

6.2
A Tenderer must nominate a team of professional staff conforming to the following
requirements to manage and implement the Services to the Government as specified
in the Contract including the Specifications in Part VI:

Part I – Terms of Tender



Page 17 of 61

Tender  Ref:  GCIO  5/2  (T26)
(a)
nominate  a  Contract  Manager  who  is  empowered  with  full  authority  to
make  all  necessary  decisions  regarding  the  performance  of  the  Service
under  this  Contract  on  behalf  of  the  Tenderer.  The  nominated  Contract
Manager must be employed by the Tenderer on a full-time basis on the date
of  Tender  submission  and  the  nominee  must,  in  the  past  ten  (10)  years
immediately preceding the Original Tender Closing Date, have at least four
(4) aggregate years of work experience in managing the supply services of
information technology contract staff to clients;

(b)
nominate a person to be the Key Operations Contact Person for the Tenderer
to  liaise  with  the  Government  Representative  and  users  of  bureaux  /
departments in handling the day-to-day operational matters arising from and
in the course of delivering the Service under this Contract. The nominated
Key  Operations  Contact  Person  must  be  employed  by  the  Tenderer  on  a
full-time basis on the date of Tender submission and the nominee must, in
the past five (5) years immediately preceding the Original Tender Closing
Date, have at least three (3) aggregate years of work experience in handling
the  day-to-day  operational  matters  relating  to  the  supply  services  of
information technology contract staff to clients; and

(c)
nominate a person to be the Technical Support Officer for the Tenderer and
serving  as  a  liaison  with  the  IT  Support  Team  of  the  Office  of  the
Government Chief Information Officer (OGCIO) regarding the installation
and  usage  of  the  Contract  Staff  Administration  System  (CSAS)  –  CSA
Contractor Module provided by the Government. The nominated Technical
Support Officer must be employed by the Tenderer on a full-time basis on
the date of Tender submission and the nominee must, in the past five (5)
years  immediately  preceding  the  Original  Tender  Closing  Date,  have  at
least  two  (2)  aggregate  years  of  work  experience  in  providing  technical
support for the operations of a dedicated information technology system to
be used for the supply services of information technology contract staff to
clients.

6.3
For the avoidance of doubt,  the persons specified in  clauses 6.2(a) to (c) shall be
three  (3)  different  persons,  failing  which  the  nominee  will  not  be  counted  in  the
evaluation.

6.4
For  the  purpose  of  determining  whether  or  not  a  Tenderer  meets  the  essential
requirements as set out in clause 6.2 above, the following rules shall apply:

(a)
the  experience  of  the  Contract  Manager,  Key  Operations  Contact  Person
and  Technical  Support  Officer  mentioned  in  clause  6.2  above  shall  be
counted as at the Original Tender Closing Date. Otherwise, the experience
of any person from time to time replacing these nominees during the SOA
Period and of any person filling in a role shall be determined as at the date
he or she proposes to take up any one of the three roles mentioned above;

(b)
the  experience  of  the  nominee  for  Contract  Manager,  Key  Operations
Contact Person or Technical Support Officer gained by providing the supply
services of information technology contract staff to the Tenderer itself and
Part I – Terms of Tender



Page 18 of 61

Tender  Ref:  GCIO  5/2  (T26)
any of its related persons (as defined in clauses 34.6 and 34.7 below) will
not be counted;

(c)
both local and non-local experience of the nominee will be counted;

(d)
the  aggregate  years  of  experience  for  Contract  Manager,  Key  Operations
Contact Person and Technical Support Officer will be counted in calendar
days and converted to years by dividing by 365.    The overlapping period
of the experiences gained will only be counted once.    For example, if the
staff  has  full-time  involvement  in  different  contract  management  job
positions  as  shown in  the table  below, the number of “complete  years of
experience” is worked out as follows.    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; and

Employer
Post Title
Employment
Number of calendars days
Period
counted for accumulated
(dd.mm.yyyy)
experience in the period
Company A  Senior
01.02.2016 to
366 Note 1
Contract
31.01.2017
Manager
Commercial
01.02.2016 to
0 Note 2
Contract
31.03 2016
Manager
Company B  Corporate
01.02.2017 to
1 430 Note 3
Contract
31.12.2020
Manager
Total no. of calendar days :
1 796
Total  no.  of  aggregate  years  (1  796/365):
4.92 years
Note 1: there were 29 days in February 2016.
Note 2: after excluding the overlapping period of “01.02.2016 to 31.03.2016”
which has been counted once above.
Note 3: there were 29 days in February 2020.

(e)
a Tenderer is required to submit to the satisfaction of the Government the
documentary  evidence  (i)  to  prove  the  experience  of  the  nominee  for
Contract Manager, Key Operations Contact Person and Technical Support
Officer claimed in Contract Schedule 2A of Part III and (ii) to show that the
nominee  for  Contract  Manager,  Key  Operations  Contact  Person  and
Technical  Support  Officer  is  a  full-time  employee  of  the  Tenderer  at  the
time of Tender submission as required under clauses 6.2(a) to 6.2(c). Any
claimed experience not substantiated by documentary evidence will not be
counted.



Part I – Terms of Tender



Page 19 of 61

Tender  Ref:  GCIO  5/2  (T26)
7.
Tenders to Remain Open

7.1
A  Tender  once  submitted  by  a  Tenderer  will  be  binding  on  the  Tenderer.    By
submitting  a  Tender,  the  Tenderer  shall  be  deemed  to  have  represented  to  the
Government  that  it  has  done  so  as  the  principal  but  not  as  an  agent  of  any  other
person.    If the Tenderer submits a Tender as an agent on behalf of another person,
full disclosure must be made in the Tender.

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.

7.4
If a Tenderer offers in its Tender a period that is shorter than two hundred and seventy
(270)  days,  or  if  it  rejects  the  two  hundred  and  seventy  (270)  days  as  the  tender
validity  period  prescribed  in  clause  7.2  above,  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 issued under the Business
Registration Ordinance (Cap. 310) or documentary evidence showing that
Part I – Terms of Tender



Page 20 of 61

Tender  Ref:  GCIO  5/2  (T26)
the  Tenderer  is  exempted  from  business  registration  under  the  Business
Registration  Ordinance  (Cap.  310);  or  if  the  Tenderer  does  not  carry  on
business in Hong Kong, the equivalent document issued by the authority of
the place of business of the Tenderer;

(f)
if the Tenderer is a company or body corporate, its Memorandum (if any)
and  Articles  of  Association,  Certificate  of  Incorporation,  Certificate  of
Change  of  Name  (if  any),  or  the  equivalent  documents  issued  by  the
authority of the place of incorporation of the Tenderer if the Tenderer was
not  incorporated  under  the  Companies  Ordinance  (Cap.  622)  (or  its
predecessor Ordinance);

(g)
if the Tenderer is a company incorporated in Hong Kong or is a registered
non-Hong Kong company under the Companies Ordinance (Cap. 622), a
copy of the latest annual return filed with the Companies Registry and all
subsequent  filings  since  the  latest  annual  return;  or  the  equivalent
documents  issued  by  the  authority  of  the  place  of  incorporation  of  the
Tenderer  if  the  Tenderer  was  not  incorporated  or  registered  under  the
Companies Ordinance (Cap. 622) (or its predecessor Ordinance);

(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)  acceptable  to  the  Government  demonstrating
authorisation and approval for the submission of its Tender and 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;

(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
may  be  requested  by  the  Government.    The  legal  opinion,  if  required,  should  be
made available upon request during the tender validity period.    Upon such request,
the Tenderer shall provide such legal opinion covering 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  and  in  good  understanding  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.    By “validly existing and
Part I – Terms of Tender



Page 21 of 61

Tender  Ref:  GCIO  5/2  (T26)
in good standing”, it is meant that no event mentioned in any of the clause
25.1 (b) of Part IV or any event which has an equivalent effect to any such
event has occurred in relation to the Tenderer;

(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 this Part, 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  submission  of  its  Tender  and  the  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  (if  any)
and  Articles  of  Association  or  similar  constitutional  documents  of  the
Tenderer;

(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 (if awarded to the Tenderer) 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;

(i)
the judgment handed by the courts of Hong Kong after the adjudication of
any dispute arising from the Contract will be recognised and given effect
to by the courts of the place of incorporation, formation or establishment
of the Tenderer; and

(j)
it is not necessary under the laws of the place of incorporation, formation
or  establishment  of  the  Tenderer  that  the  Government  be  licensed,
Part I – Terms of Tender



Page 22 of 61

Tender  Ref:  GCIO  5/2  (T26)
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.    Where  the  opinion  on  the  question  specified  in
clause 8.3(i) above is negative or otherwise subject to qualifications not satisfactory
to the Government, the additional legal opinion shall opine that any ruling made by
the  arbitrator  under  the  arbitration  provision  set  out  in  clause  8.5  below  will  be
recognised and given effect to by the courts of the place of incorporation, formation
or establishment of the Tenderer (“additional opinion on arbitration”).    Together
with the additional opinion on arbitration to be provided, the Tenderer shall also be
required to provide a confirmation in writing that in consideration of the award of
the Contract, it agrees that clause 29.2 of Part IV shall be replaced by the arbitration
clause in clause 8.5 below.

8.5
Where  the  opinion  on  the  question  specified  in  clause  8.3(i)  above  is  negative  or
otherwise subject to qualifications not satisfactory to the Government, subject to the
obtaining of the additional opinion on arbitration as mentioned in clause 8.4 above,
clause 29.2 of Part IV shall be deemed deleted and replaced by the following: “Any
dispute  arising  from  the  Contract  shall  not  be  adjudicated  by  the  courts  of  Hong
Kong but shall be adjudicated by arbitration to be held in accordance with the Hong
Kong International Arbitration Centre Domestic Arbitration Rules prevailing at the
time when a notice of arbitration is issued by a Party (“Arbitration Rules”) except
that regardless of whether the Arbitration Rules providing anything to the contrary,
unless the Parties otherwise agree in writing: (a) the arbitration hearing must be held
in Hong Kong and that the Arbitration Ordinance (Chapter 609 of the Laws of Hong
Kong)  shall  apply  to  the  arbitration  (including  the  whole  of  Schedule  2);  and  (b)
without prejudice to section 18(2) of the Arbitration Ordinance, the Government may
on its own disclose any information relating to (i) the arbitral proceedings under the
arbitration agreement; and (ii) an award made in those arbitral proceedings, under
any of the circumstances mentioned in clause 33.2 of Part I”.

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 the tender submission date are required:

(i)
the audited financial statements must contain the Directors’ Report,
Auditors’ Report, Statement of Financial Position (also referred to
Part I – Terms of Tender



Page 23 of 61

Tender  Ref:  GCIO  5/2  (T26)
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
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
accounts of the Tenderer, and the audited consolidated accounts of
the group 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 with a period not more than three (3) months before
the  tender  submission  date    (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
statements  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  company’s  chief  executive.
For a Partnership, separate certification from each partner of the Partnership
is required;

Part I – Terms of Tender



Page 24 of 61

Tender  Ref:  GCIO  5/2  (T26)
(d)
The  Tenderer  is  required  to  provide  documentary  evidence  showing
adequate 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  to  the  Tenderer  and  the  current  undrawn/unutilised
balances  of  such  facilities  on  or  shortly  before  the  tender
submission 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 prior to the Original Tender Closing Date
(if available).

9.2
In the case where the Tenderer is unable to provide adequate financial information
for a meaningful financial vetting to be conducted (which is equally considered as a
failure  of  the  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 this Part.

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.

10.
Request for Information

10.1
In the event that the Government determines that:
Part I – Terms of Tender



Page 25 of 61

Tender  Ref:  GCIO  5/2  (T26)

(a)
clarification in relation to any part of the 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.    The  Tenderer
concerned shall thereafter within five (5) working days from the date of the request
or  within  such  other  period  as  specified  in  the  request  submit  the  clarification,
information  or  document.    If  the  clarification  or  information  or  document  is  not
provided by the aforesaid deadline, the Tender may not be considered further.

10.2
The documents and information not covered by clause 10.1 above are:

(a)
price  quotation  of  the  Contract  Ceiling  Rate  for  each  staff  category  in
Contract Schedule 1 of Part III of 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 this Part 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.

10.4
Any excess proposal or information supplied by a Tenderer which goes beyond what
has been requested by the Government pursuant to clauses 10.1 to 10.3 above will
be ignored for the purposes of the tender evaluation or will entitle (but not oblige)
the Government not to consider the Tender further.

11.
Counter-Proposals

11.1
A Tenderer must not submit any proposal that has the effect of varying or modifying
(a) any essential requirements specified in the Tender Documents; (b) all provisions
in the Tender Documents concerning the preparation, submission and evaluation of
Tenders  and award of Contract; and (c) those additional provisions which are not
permitted to be subject to any counter-proposal as identified in the Terms of Tender
(Supplement) (if any).

11.2
The Tenderer must not directly or indirectly attempt to preclude or limit the effect
of  any  requirements  or  instructions  set  out  in  the  Tender  Form,  these  Terms  of
Tender or the Terms of Tender (Supplement) or the Schedules.

Part I – Terms of Tender



Page 26 of 61

Tender  Ref:  GCIO  5/2  (T26)
11.3
If  a  Tenderer  fails  to  comply  with  clause  11.1  and  11.2  above,  subject  to  any
clarification  which  the  Government  may,  but  is  not  obliged  to,  seek  from  the
Tenderer, its Tender will not be further considered.

11.4
Counter-proposal  to  other  provisions  of  the  Tender  Documents  not  specified  in
clause 11.1 or 11.2 above, whilst not strictly disallowed, is not encouraged.    If the
Tenderer  wishes  to  submit  one  or  more  counter-proposals  to  any  provision  in  the
Tender Documents not of the types specified in clause 11.1 or 11.2 above (“Counter-
Proposals”), the Counter-Proposals shall be submitted in the following manner:

(a)              the Counter-Proposals shall be attached to “Offer to be Bound” in Part II
of the Tender Documents;

(b)
the  original  provision  which  the  Counter-Proposals  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 “[    ]”.

11.5
Unless the Government otherwise agrees, Counter-Proposals that are not submitted
in accordance with clause 11.4 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  provisions  to
which the Counter-Proposals relate and the Government will continue to consider
the Tenderer’s Tender on this basis.

11.6
Notwithstanding and without prejudice to the aforesaid, the Government may, but is
not  obliged  to,  negotiate  with  the  Tenderer  any  Counter-Proposal.    The
Government  may  at  its  absolute  discretion  reject  any  Counter-Proposal.    If  the
Government does elect to negotiate with a Tenderer concerning a Counter-Proposal,
and if after such negotiation, the Tenderer is unwilling to withdraw such Counter-
Proposal, or otherwise revise it on terms acceptable to the Government, its Tender
may not be considered further.    Any accepted Counter-Proposal following from a
successful negotiation shall be deemed as part of the Tenderer’s Tender and forms
part of the Contract and shall be binding on the Tenderer if the Contract is eventually
awarded to it.

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
Part I – Terms of Tender



Page 27 of 61

Tender  Ref:  GCIO  5/2  (T26)
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.

14.
Communication with the Government

14.1
Without prejudice to the requirements set out in clause 20 of this Part concerning
formation of Contract, 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  31  of  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,  by  facsimile  or  by  email  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.    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.

Part I – Terms of Tender



Page 28 of 61

Tender  Ref:  GCIO  5/2  (T26)
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.

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.

20.2
All Tenderers whom the Government intend to sign the Standing Offer Deed subject
to the fulfilment of the conditions specified below (“successful Tenderer”) will be
notified  within  the  Tender  Validity  Period  (such  notification  is  referred  to  as
“conditional acceptance of tender”).    Upon receipt of such conditional acceptance
of tender, each such successful Tenderer shall be obliged to fulfil all of the following
conditions to the satisfaction of the Government within one month from the date of
the notification (or such later date as the Government may allow) (“Deadline”) (all
items specified below shall be delivered first by fax or email and subsequently by
hand delivery to the fax number email address, and physical address specified in the
conditional acceptance of tender):

(a)
the provision of the performance bond as required under clause 24 of this
Part;

Part I – Terms of Tender



Page 29 of 61

Tender  Ref:  GCIO  5/2  (T26)
(b)
(if  not  already  requested  earlier  prior  to  the  conditional  acceptance  of
tender) the provision of a legal opinion as required under clause 8.3 of this
Part if the successful Tenderer is incorporated outside Hong Kong;

(c)
if  the  legal  opinion  in  relation  to  the  successful  Tenderer  is  required  as
mentioned in sub-clause (b) above, and that the legal opinion on the issue
specified in clause 8.3(i) of this Part is negative or is subject to conditions
not considered to be satisfactory to the Government, the provision of an
additional  opinion  on  arbitration  as  well  as  the  successful  Tenderer’s
written confirmation on arbitration as required in clause 8.5 of this Part;

(d)
the provision of evidence that the team of professional staff meeting the
essential requirements set out in clause 6.2 of this Part comprising those
as nominated in Contract Schedule 2A or any replacement possessing not
less than the experience and qualifications of the original nominee(s) has
been employed by the successful Tenderer;

(e)
the provision of evidence to show that the electronic interfaces between
the Government and the Contractor as proposed in Contract Schedule 10
are ready for use and in good conditions;

(f)
the  provision  of  evidence  to  show  that  the  successful  Tenderer  is  in  a
position fully ready to propose eligible Relevant Employees for selection
by  the  Government  Representative  and  is  ready  to  make  all  necessary
arrangements  in  response  to  Service  Request  (Competitive  Bidding)  in
accordance with clause 4 of Part VI; and

(g)
such other conditions as the Government may stipulate in the conditional
acceptance of tender including without limitation the business registration
certificate  and  certificate  of  registration  as  a  non-Hong  Kong  company
under the Companies Ordinance, Chapter 622 of the Laws of Hong Kong
(where applicable and where required).

20.3
Unless and to the extent waived by the Government in writing, upon fulfilment of
the conditions by the Tenderer specified in clause 20.2 of this Part to the satisfaction
of the Government and by the Deadline stated therein, the Government will, subject
to clauses 34 and 37 of this Part, enter into the Contract with the successful Tenderer
by physically signing the Standing Offer Deed (regardless of the permissible mode
of submission of Tender).    In the case where the Tenderer is an unincorporated joint
venture, each joint venture party must have signed the Standing Offer Deed as the
Contractor on a joint and several basis.    The Government will date these Standing
Offer  Deed  on  the  date  that  it  signs  the  same  under  this  clause  20.3.    The  SOA
Contract  will  incorporate,  to  the  extent  accepted  by  the  Government,  the  Tender
submitted  by  the  successful  Tenderer  (subject  to  such  other  changes  as  the
Government  may stipulate in  exercise of its powers under the Tender Documents
(including without limitation the exclusion of any parts of the Tender which are to
be ignored under any provisions of the Tender Documents) or such changes as the
parties  may  agree).    If  a  Tenderer  fails  to  fulfil  all  or  any  of  the  conditions
mentioned in clause 20.2 of this Part by the Deadline (unless and save to the extent
they  are  waived  by  the  Government  in  writing,  if  any),  or  fails  to  enter  into  the
Standing Offer Deed upon notification by the Government (“defaulting Tenderer”),
Part I – Terms of Tender



Page 30 of 61

Tender  Ref:  GCIO  5/2  (T26)
the conditional acceptance of tender will become void and be of no further force.
The  Government  will  disqualify  the  defaulting  Tenderer,  and  it  may,  but  is  not
obliged  to,  award  the  SOA  Contract  to  another  Tenderer.    Upon  such
disqualification, the Government and the disqualified Tenderer shall have no further
claim against the other of them.    On the other hand, notwithstanding anything in
the Tender Documents or in the conditional acceptance of tender to the contrary, in
the event that the Government exercises any of its discretion or power under clause
34 or 37 of this Part, the Government shall be entitled not to enter into the Contract
with  a  Tenderer  even  if  the  Tenderer  has  received  a  conditional  notification  of
acceptance and fulfilled all the conditions specified in clause 20.2 of this Part.

20.4
Notwithstanding the signing of the Standing Offer Deeds by the Government with
one or more SOA Contractors, the Commencement Date will not be fixed until and
unless the Government issues not  less than seven (7) days’ prior written notice to
notify  these  SOA  Contractors  the  Commencement  Date  which  shall  be  any  date
within the period from 1 February 2023 to 1 May 2023 (both dates inclusive).

20.5
Upon signing of the Standing Offer Deed with the successful Tenderer, even if the
Commencement Date is not yet fixed by the Government under clause 20.4 above,
any Government bureau or department may issue to all those successful Tenderers
who  have  for  the  time  being  entered  into  the  Standing  Offer  Deed  with  the
Government one or more Service Request(s) (Competitive Bidding) in accordance
with clause 4 of Part VI which shall apply and come into force notwithstanding that
the Commencement Date is not yet fixed. Any Relevant Employee to be appointed
from  this  process  will  only  commence  the  Service  (RE)  starting  from  the
Commencement  Date  or  otherwise  such  other  date  as  specified  in  the  Notice  of
Service (RE) to be issued.

20.6
Tenderers who do not receive any notification of conditional acceptance of tender
within the Tender Validity Period should assume that their Tenders have not been
accepted.

21.
Cost of Tender

21.1
Each  Tenderer  shall  submit  its  Tender  at  its  own  cost  and  expense.    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  and  the
doing of all acts required for the purpose of this Invitation to 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 this Part;
Part I – Terms of Tender



Page 31 of 61

Tender  Ref:  GCIO  5/2  (T26)

(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.

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
If a Tenderer which has been issued with the notification of conditional acceptance
of tender has failed the financial vetting in the manner mentioned in clause 9.2 of
this Part, it shall submit the performance bond as set out in clause 14 of Part IV in
an amount equal to five (5) percent of the estimated total value of all SOA Contracts
to be awarded and equally divided by the total number of Tenderers who have been
awarded with the notification of conditional acceptance of tender (“Relevant Base
Amount”).    If  that  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
Relevant  Base  Amount.    The  estimated  total  value  of  all  SOA  Contracts  to  be
awarded will be calculated using the following formula:

Estimated  total
      A x B x C
value
of
all
=
SOA  Contracts

to be awarded

A
Summation of the following calculation for 10 staff categories :
Estimated  requirements  of  the  relevant  staff  category  as  set  out  in
clause  2.3  of  this  Part    x    Simple  average  of  the  Contract  Ceiling
Rates of such staff category submitted by all of the Tenderers which
have  been  issued  with  the  notification  of  conditional  acceptance  of
tender
B
22 work days (i.e. estimated working days per month)
C
48 months (i.e. the Term of the Contract)

Part I – Terms of Tender



Page 32 of 61

Tender  Ref:  GCIO  5/2  (T26)
24.2
The Tenderer which has been issued with the notification of conditional acceptance
of tender must pay the performance bond by first demand banker’s guarantee.    The
banker’s guarantee must comply with the following:

(a)  it must be in the form set out in Annex 1 to Part IV and 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;

(c)  the  banker’s  guarantee  must  come  into  effect  on  the  date  that  it  is  executed
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 of Part IV and Annex 1 to 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  this
Part.

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.
Part I – Terms of Tender



Page 33 of 61

Tender  Ref:  GCIO  5/2  (T26)

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.

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 the Invitation to Tender

30.1
Without prejudice to the Government’s right to cancel this Invitation to 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 Invitation to Tender.

Part I – Terms of Tender



Page 34 of 61

Tender  Ref:  GCIO  5/2  (T26)

31.
Warning against Bribery

31.1
The offer of an advantage to any public 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 the 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  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
The  Tenderer  must  ensure  that  the  Tender  is  prepared  without  any  agreement,
arrangement, communication, understanding, promise or undertaking with any other
person (except as provided in paragraph 3 of the Non-collusive Tendering Certificate
referred  to  in  clause  32.2  below),  regarding,  amongst  other  things,  price,  tender
submission procedure or any terms of the Tender.    Bid-rigging is inherently anti-
competitive  and  is  considered  serious  anti-competitive  conduct  under  the
Competition Ordinance (Cap. 619).    Tenderers who engage in bid-rigging conduct
may be liable for the imposition of pecuniary penalties and other sanctions under the
Competition Ordinance.

32.2
The  Tenderer  shall  complete  and  submit  to  the  Government  a  Non-collusive
Tendering Certificate (in the form set out in Contract Schedule 11 of Part III) as part
of its Tender.

32.3
In the event  that  a Tenderer is  in  breach of any  of the representations, warranties
and/or undertakings in clause 32.1 above or in Non-collusive Tendering Certificate
submitted by it under clause 32.2 above, the Government shall be entitled to, without
compensation to any person or liability on the part of the Government:

(a)
reject the Tenderer’s Tender;

(b)
if the Government has accepted the Tender, withdraw its acceptance of the
Tenderer’s Tender; and

(c)
if  the  Government  has  entered  into  the  Contract  with  the  Tenderer,
terminate the Contract under clause 25 of Part IV.

32.4
By submitting a Tender, a Tenderer is regarded to have undertaken to indemnify and
keep  indemnified  the  Government  against  all  losses,  damages,  costs  or  expenses
arising out of or in relation to any breach of any of the representations, warranties
Part I – Terms of Tender



Page 35 of 61

Tender  Ref:  GCIO  5/2  (T26)
and/or undertakings in clause 32.1 above or in Non-collusive Tendering Certificate
submitted by it under clause 32.2 above.

32.5
A breach by a Tenderer of any of the representations, warranties and/or undertakings
in clause 32.1 above or in Non-collusive Tendering Certificate submitted by it under
clause 32.2 above may prejudice its future standing as a Government contractor or
service provider.

32.6
The rights of the Government under clauses 32.3 to 32.5 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.

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 in relation
to or concerning any Tenderer (successful or unsuccessful) or its tender (whether or
not  the  information  is  specified  in  clause  33.1  above  and  including  information
recorded in whatever media) if the disclosure is made under any one of the following
circumstances (even if disclosure may also mean the information will at the same
time, or subsequently, become public information):

(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  (including
because of any disclosure under clause 33.2(a) above);

(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;

(e)
the  disclosure  of  any  information  regarding  anti-competitive  collusive
conduct  to  the  Competition  Commission  of  Hong  Kong  (and  other
authorities as relevant); or

(f)
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.

Part I – Terms of Tender



Page 36 of 61

Tender  Ref:  GCIO  5/2  (T26)

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 (i) a claim or an allegation by any person, or a ruling or
judgment  by  a  court,  or  decision  by  a  competent  tribunal  or  arbitration
body  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  or  any  other  rights  of  any  person  (“IPR
infringement”) (and in the case of any claim or allegation, it was made any
time during a period of seven (7) years preceding the Tender Closing Date
and  up  to  the  time  of  Contract  award);  or  (ii)  the  Government  having
grounds  to  believe there is  or will be such  IPR infringement; or (iii) an
agreement  has  been  entered  into  whether  by  the  Tenderer  or  any  other
person  to  settle  or  compromise  any  claim  or  allegation  about  IPR
Infringement  (regardless  of  whether  on  an  admission  basis  or  non-
admission basis) which agreement is still valid and subsisting at any time
during a period of seven (7) years preceding the Tender Closing Date and
up to the time of Contract award;

(d)
any time during the thirty-six (36) months prior to the Tender Closing Date
or between the  Tender  Closing Date and  the award of the Contract,  the
Tenderer or a related person of the Tenderer (as defined in  clauses 34.6
and 34.7 below and including those who were in such capacity any time
within  the  same  period,  i.e.,  thirty-six  (36)  months  prior  to  the  Tender
Closing Date or between the Tender Closing Date and the award of the
Contract)  has  committed  significant  or  persistent  default(s)  or
deficienc(ies) in the performance of any requirement or obligation under
any other Government contract regardless of the procurement department
of such other Government contract, regardless of whether the default(s) or
deficienc(ies)  led  to  the  actual  termination  of  the  relevant  Government
contract and regardless of whether such default(s) or deficienc(ies) occurs
before  or  after  the  termination  or  expiry  of  the  relevant  Government
contract,  and  in  the  case  of  the  latter,  provided  that  the  default(s)  or
deficienc(ies) relates to any provisions which survive such termination or
expiry, and regardless of whether such default(s) or deficienc(ies) has been
remedied (“Contract Default(s)”); and the Government Representative in
its  sole  judgment  is  satisfied  that  such  Contract  Default(s)  casts  a
Part I – Terms of Tender



Page 37 of 61

Tender  Ref:  GCIO  5/2  (T26)
reasonable doubt on the capability of the Tenderer to perform the Contract
to be awarded in this Invitation to Tender;

(e)
(i) the Tenderer; or (ii) a related person of the Tenderer; or (iii) a director
or management staff of the Tenderer or those of the related person of the
Tenderer, has been convicted by the final judgement in respect of one or
more  serious  crimes  or  other  serious  offences  including  conviction  of
offences  involving  bribery,  false  accounting,  corruption,  dishonesty  or
employment handed down;

(f)
in  the  event  of  the  professional  misconduct  or  acts  or  omissions  that
adversely reflect on the commercial integrity of the Tenderer or a related
person of the Tenderer of a director or management staff of the Tenderer
or those related person of the Tenderer; professional misconduct includes
any breach of the Good Industry Practice;

(g)
any failure of the Tenderer to pay taxes to the Government during a period
of five (5) years preceding the Tender Closing Date and up to the time of
Contract award; 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  all  infringement  claims,  allegations,  rulings,  judgments,
decisions or settlement agreements as mentioned in clause 34.1(c) above;

(c)
details of all Contract Defaults and breaches or performance deficiencies
of the Tenderer or a related person as mentioned in clause 34.1(d) above;

(d)
details of conviction as mentioned in clause 34.1(e) above in Hong Kong
or any overseas jurisdiction;

(e)
details of any professional misconduct or act or omission as mentioned in
clause 34.1(f) above; and
Part I – Terms of Tender



Page 38 of 61

Tender  Ref:  GCIO  5/2  (T26)

(f)
details of any failure to pay taxes as mentioned in clause 34.1(g) above.

If  none  of  the  events  as  mentioned  in  clauses  34.2(a)  to  34.2(h)  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.    The information provided by the Tenderer is not
conclusive.  The  Government  may  independently  verify  the  veracity  and
completeness of any information provided.    In the case of Contract Default, the
Government will form an assessment as to whether or not such Contract Default
has occurred.

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

(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,
Part I – Terms of Tender



Page 39 of 61

Tender  Ref:  GCIO  5/2  (T26)
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).

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 up to the date of
lodging its Tender with the Government shall be in writing and shall be submitted to
the Government no later than three (3) working days before the Tender Closing Date.
The request shall be submitted in the manner specified in clause 14.1 of this Part to:

Part I – Terms of Tender



Page 40 of 61

Tender  Ref:  GCIO  5/2  (T26)
Government Chief Information Officer
Office of the Government Chief Information Officer
12/F., Treasury Building,
No. 3 Tonkin Street West,
Cheung Sha Wan, Kowloon

(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.

36.
Tender Briefing Session

36.1
A tender briefing session will be held, tentatively scheduled for 1500 hours on 20
July  2022  by  online  video  conferencing  through  “Webex”  software.    Although
attendance at the tender briefing session is not compulsory, prospective Tenderers
are  encouraged  to  participate.    A  prospective  Tenderer  who  wishes  to  attend  the
briefing session is requested to complete the reply slip at Annex C of this Part and
fax it to  the Office of the Government Chief  Information Officer (Attn.:  Contract
Staff Services Unit) on (852) 2573 7076 on or before 14 July 2022.    Confirmation
of registration will be issued to the prospective Tenderer upon receipt of the signed
reply slip.    Late registration may not be accepted.

36.2
For the online tender briefing session, only one (1) login to the “Webex” meeting
room will be allowed for each prospective Tenderer (i.e., the prospective Tenderer
may only register with one (1) email address for accessing the meeting room). The
invitation and password for joining the online briefing session will be provided on
or before 1800 hours on 18 July 2022 through email to the prospective Tenderers
who  have  submitted  the  reply  slip.    Only  the  “Webex”  account  holder  with  the
email  address  registered  with  that  account  and  provided  in  the  reply  slip  will  be
allowed to join the online tender briefing session.

36.3
Questions for clarification at the tender briefing session may be submitted in writing
to  the  Office  of  the  Government  Chief  Information  Officer  (Attn.:  Contract  Staff
Services Unit) by fax (fax no.: (852) 2573 7076) or email (email: [email protected])
on or before 18 July 2022.

Part I – Terms of Tender



Page 41 of 61

Tender  Ref:  GCIO  5/2  (T26)
36.4
In  case  Tropical  Cyclone  Warning  Signal  no.  8  or  above  is  hoisted,  or  a  Black
Rainstorm Warning Signal or “extreme conditions after super typhoons” announced
by the Government is/are in force, or there arises any inaccessibility of the “Webex”
meeting  room  for  all  attendees  registered  for  the  online  briefing  session,  for  any
duration at or after 1100 hours on 20 July 2022, the tender briefing scheduled for
that day will be cancelled and the Government will notify prospective Tenderers who
have submitted the reply slip of the arrangement for the rescheduled tender briefing.

36.5
The schedule of the tender briefing session is subject to change at the sole discretion
of the Government.    Prior notice will be given to the prospective Tenderers who
have submitted the reply slip regarding the arrangement of the rescheduled tender
briefing (if necessary).

37.
One Tender Only

37.1
No Tenderer is permitted to submit more than one tender.

37.2
A Tender from a Tenderer’s related person will be treated as a tender from the same
Tenderer for the purposes of the restriction mentioned in clause 37.1 above.

37.3
Where 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 more than 50% the issued share capital of the Tenderer
(“majority shareholder”); or

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

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

(d)
a company in which a majority shareholder (being an individual) of the
Tenderer  directly  or  indirectly  beneficially  owns  more  than  50%  of  its
issued share capital or controls the composition of its board of directors;
or

(e)
an officer of the Tenderer.

37.4
The expressions “holding company”, “subsidiary” and “officer” have the meanings
assigned  to  them  under  the  Companies  Ordinance  (Cap.  622)  regardless  of  their
place of incorporation.

37.5
Where the Tenderer is a sole proprietorship or partnership, “related person” of the
Tenderer includes any one of the following:

(a)
any partner of the Tenderer (if it is a partnership); or

(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 of both
Part I – Terms of Tender



Page 42 of 61

Tender  Ref:  GCIO  5/2  (T26)
of the natural parents and the adopting parent, and a step child to be a child
of both the natural parent and of any step parent; or

(c)
a  company  in  which  the  Tenderer  or  any  partner  of  the  Tenderer
beneficially directly or indirectly owns more than 50% of its issued share
capital or controls the composition of its board of directors.

37.6
For each Contract for which both the Tenderer and its related person(s) have bidded,
the  Government  will  choose  the  conforming  tender  which  has  earned  the  highest
Combined  Score  for  such  Contract  amongst  the  conforming  tenders  submitted  by
them for further evaluation, and the other tender(s) will be disqualified.

Part I – Terms of Tender



Page 43 of 61

Tender  Ref:  GCIO  5/2  (T26)

Annex A
Checklist for items to be submitted by Tenderers

The following is a list 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, the completed Contract Schedule 2A of Part III – “Experience
and Employment Status of Nominees for Contract Manager, Key
Operations Contact Person and Technical Support Officer”, the completed
Contract Schedule 2B of Part III – “Tenderer’s Experience” and the
completed Contract Schedule 8 of Part III – “Service Assurance Plan and
Staff Management Plan”

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 (j) 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.

Part I – Terms of Tender



Page 44 of 61

Tender  Ref:  GCIO  5/2  (T26)
Clause in Part I
Item Note 1
9.1 (d)
Documentary evidence showing financial resources

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

32.2
The completed and duly signed Contract Schedule 11 of Part III – “Non-
collusive Tendering Certificate”

34.2
The completed Contract Schedule 7 of Part III - “Information Schedule”

Part B of Annex B  The completed Contract Schedule 9 of Part III – “Minimum Monthly Wage
Rate committed for Relevant Employees of Staff Category 1”

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”;
(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 in Part I of the Tender Documents.
Failure to do so may render the Tender invalid.

Part I – Terms of Tender



Page 45 of 61

Tender  Ref:  GCIO  5/2  (T26)
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  60:40  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 clause 5.3 of
Part I of the Tender Documents. If a Tenderer fails to submit any of the following
information/documents before 12:00 noon (Hong Kong Time) on the Original
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  name  of  the  proposed  Contract  Manager,  Key  Operations  Contact
Person,  and  the  Technical  Support  Officer  in  Contract  Schedule  2A;
and/or

(c)
one or more proposals but not necessarily proposals for all items required
in  each  of  the  Service  Assurance  Plan  and  Staff  Management  Plan  in
Contract Schedule 8.

For Contract Schedule 3 (Company/Business Organisation Status of the Tenderer),
Contract  Schedule 4 (Projected Statement of Profit or  Loss),  Contract  Schedule 7
(Information  Schedule),  Contract  Schedule  9  (Minimum  Monthly  Wage  Rate
Committed  for  Relevant  Employees  of  Staff  Category  1),  Contract  Schedule  10
(Statement  of  Minimum  Information  Technology  Facilities/Resources  to  be
Committed  for  Interfacing  Electronically  with  the  Government)  and  Contract
Schedule 11 (the Non-collusive Tendering Certificate), if they are not provided by
the  Tender  Closing  Date  or  if  the  Government  so  elects  to  ask  for  subsequent
submission, upon such subsequent request by the Government, the Tender 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 46 of 61

Tender  Ref:  GCIO  5/2  (T26)

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  requirement  as  set  out  under  clause  6.2  of  Part  I  of  the  Tender
Documents.    Any Tender which fails to meet any of the essential requirements will
not be considered further.

Stage 3 – Technical Assessment (maximum weighted technical score : 60)

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.    The maximum total technical marks
are  100  and  there  is  no  overall  passing  mark  for  the  total  marks  scored  in  the
Technical Assessment.    The passing marks of six (6) is set for each of Assessment
Criterion  1  (Service  Assurance  Plan)  and  Assessment  Criterion  2  (Staff
Management  Plan)  in  Part  A,  which  is  20%  of  the  maximum  mark  of  the
respective  Assessment  Criterion.    Tenders  that  failed  to  attain  any  of  the
passing marks for Assessment Criteria 1 and 2 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
60 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
=
60
X
technical score
The highest overall mark among all Tenders which
have passed Stage 3

8.
Tenderers are encouraged to make innovative suggestions in their proposed plans for
Assessment Criteria (1) and (2) which are to be carried out by themselves through
their own resources.    Innovative suggestions will be assessed in comparison to how
the Services are previously delivered under the existing contract or the conventional
mode of service delivery adopted by the Government.

9.
All  Innovative  Suggestions  accepted  shall  form  part  of  the  Standing  Offer
Agreement.

Part I – Terms of Tender



Page 47 of 61

Tender  Ref:  GCIO  5/2  (T26)

Stage 4 – Price Assessment (maximum weighted price score : 40)

10.
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.

11.
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    =    A x B x C

A
Summation of the amount to be calculated below for 10 staff
categories (each a “relevant staff category”):
Estimated requirements of the relevant staff category as set out
in clause 2.3 in Part I of the Tender Documents    x
Contract  Ceiling  Rates  of  that  relevant  staff  category  of
submitted by the Tenderer being assessed
B
22 work days (i.e. estimated work days per month)
C
48 months (i.e. the Term of the Contract)

12.
The lowest tender price among all Tenders which have passed Stage 3 assessment
will be given the highest weighted price score of 40 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
=
40  X
price score
The tender price of the Tender which has passed
Stage 3 being assessed

13.
Prompt  payment  price  discount,  if  any,  will  not  be  considered  in  the  price
assessment.

Stage 5 – Acceptance and Award of Contract

14.
The calculation of the combined score of a Tender is as follows:

Combined score
=
Weighted technical
+
Weighted price
score
score

15.
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 48 of 61

Tender  Ref:  GCIO  5/2  (T26)
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 (T26)

Unit
Weighting (W)
Marks
Remarks /
Maximum
Assessment Criteria
Marks
(See Note 1)
Scored
Basis of
Marks
(M)
5
4
3
2
1
0  (M x W)  Assessment
(A)  Execution Plan
1  Service Assurance Plan

(Passing Mark : 6 )
30
6

See Note 2

2  Staff Management Plan

(Passing Mark: 6 )
30
6

See Note 2

3  Innovative Suggestions

15
NA

See Note 7

Sub-total for (A):
75

(B)  Tenderer’s Experience
4  Aggregate years of experience

in  the  supply  services  of

information
technology
5
NA
See Note 3
contract staff

5  Number
of
information

technology
contract
staff
supplied to one or more clients
5
NA

See Note 4

6  Number  of  clients  which  have

been provided with the supply
services
of
information
technology contract staff
5
NA

See Note 5

(C)  Other Specific Criteria
7  Minimum  monthly  wage  rate

committed
for
Relevant

Employees of Staff Category 1
10
NA

See Note 6

  (Maximum  Overall  Mark:  100  )

See Note 8

Part I – Terms of Tender



Page 49 of 61

Tender  Ref:  GCIO  5/2  (T26)
Explanatory Notes for Marking Scheme

Tenderers shall note that they must meet the essential requirement in clause 6 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 7 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
In accordance with the rules set out in Note 7 below.

For Assessment Criteria 4 to 6
In accordance with the rules set out in Notes 3 to 5 below.

For Assessment Criterion 7
In accordance with the rules set out in Note 6 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  proposal  that  could  effectively  enhance  /  improve  the  quality  of
performance    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  and  brief  information  covering  the  remaining  items  as  well  as
proposal that could effectively enhance / improve the quality of performance 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 and brief information covering the remaining 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 and brief information covering the remaining 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.
Part I – Terms of Tender



Page 50 of 61

Tender  Ref:  GCIO  5/2  (T26)

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 six (6) for each of Assessment Criteria 1 and 2 or their
Tenders will not be considered further.

Assessment  Criterion  4:  Aggregate  years  of  experience  in  the  supply  services  of  information
technology contract staff within the ten (10) years immediately before the Original Tender Closing
Date
Note 3
Marks

5  –
At  least  six  (6)  years  of  experience  in  aggregate  in  the  supply  services  of
information technology contract staff within the ten (10) years immediately before
the Original Tender Closing Date.

4  –
At least five (5) years but less than six (6) years of experience in aggregate in
the supply services  of  information  technology contract  staff within the ten (10)
years immediately before the Original Tender Closing Date.

3  –
At least four (4) years but less than five (5) years of experience in aggregate in
the supply services  of information  technology contract  staff within the ten (10)
years immediately before the Original Tender Closing Date.

2  –
At least three (3) years but less than four (4) years of experience in aggregate
in the supply services of information technology contract staff within the ten (10)
years immediately before the Original Tender Closing Date.

1  –
At least two (2) years but less than three (3) years of experience in aggregate
in the supply services of information technology contract staff within the ten (10)
years immediately before the Original Tender Closing Date.

0  –
Not more than two (2) years of experience in aggregate in the supply services of
information technology contract staff within the ten (10) years immediately before
the Original Tender Closing Date.
Remarks:
(i)
A Tenderer is required to submit to the satisfaction of the Government the documentary evidence (including but
not limited to copy of signed contract on the supply services of IT services of IT contract staff to clients showing
title of contract, contractual parties, contract period and specification/scope of the services rendered for each of
the  claimed  experience)  to  prove  its  experience  claimed  in  Contract  Schedule  2B  of  Part  III  of  the  Tender
Documents.    Any claimed experience not substantiated by documentary evidence will not be counted.

(ii)
The aggregate years of experience of the Tenderer will be counted in calendar days and converted to years by

dividing by 365.    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, the first contract being from 1.1.2020 to 20.7.2020 (i.e. 202 calendar days) and the second contract being

from  1.7.2020  to  31.1.2021  (i.e.  215  calendar  days),  the  Tenderer  will  be  considered  as  having  1.09  years  of

experience in aggregate (i.e. 397 days of experience (excluding the overlapping period) divided by 365) and will
be awarded 0 marks for Assessment Criterion 4.    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
Part I – Terms of Tender



Page 51 of 61

Tender  Ref:  GCIO  5/2  (T26)
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.

(iii)
Only the Tenderer’s experience gained in the same name of the Tenderer will be counted.

(iv)
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.

(v)
Experience gained by the Tenderer as a sub-contractor will not be counted.

(vi)
Experience of a sub-contractor of the Tenderer will not be counted.

(vii)  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.

(viii)   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.

(ix)
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.

(x)
A Tenderer’s experience gained by providing the supply services of information technology contract staff to the
Tenderer itself will not be counted.

(xi)    Both local and non-local experience of the Tenderer will be counted.

(xii)  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.

Assessment Criterion 5: Number of information technology contract staff supplied to one or more
clients in the three (3) years immediately before the Original Tender Closing Date
Note 4
Marks

5
–  At least eighty (80) information technology contract staff supplied to one or
more than one clients in a continuous period of twelve (12) months within the
three (3) years immediately before the Original Tender Closing Date or at least
eighty  (80)  information  technology  contract  staff  supplied  to  one  or  more
than one clients on average per year in the three (3) years immediately before
the Original Tender Closing Date.

4
–  At least seventy (70) but less than eighty (80) information technology contract
staff supplied to one or more than one clients in a continuous period of twelve
(12)  months  within the three (3)  years immediately before the Original Tender
Closing  Date  or  at  least  seventy  (70)  information  technology  contract  staff
supplied to one or more than one clients on average per year in the three (3)
years immediately before the Original Tender Closing Date.

3
–  At least sixty (60) but less than seventy (70) information technology contract
Part I – Terms of Tender



Page 52 of 61

Tender  Ref:  GCIO  5/2  (T26)
staff supplied to one or more than one clients in a continuous period of twelve
(12)  months  within the three (3)  years immediately before the Original Tender
Closing  Date  or  at  least  sixty  (60)  information  technology  contract  staff
supplied to one or more than one clients on average per year in the three (3)
years immediately before the Original Tender Closing Date.

2
–  At least fifty (50) but less than sixty (60) information technology contract staff
supplied to one or more than one clients in a continuous period of twelve (12)
months within the three (3) years immediately before the Original Tender Closing
Date  or  at least fifty (50) information  technology  contract staff supplied to
one  or  more  than  one  clients  on  average  per  year  in  the  three  (3)  years
immediately before the Original Tender Closing Date.

1
–  At  least  forty  (40)  but  less  than  fifty  (50)  information  technology  contract
staff supplied to one or more than one clients in a continuous period of twelve
(12)  months  within the three (3)  years immediately before the Original Tender
Closing  Date  or  at  least  forty  (40)  information  technology  contract  staff
supplied to one or more than one clients on average per year in the three (3)
years immediately before the Original Tender Closing Date.

0
–  At least thirty (30) but less than forth (40) information technology contract
staff supplied to one or more than one clients in a continuous period of twelve
(12)  months  within the three (3)  years immediately before the Original Tender
Closing  Date  or  at  least  thirty  (30)  information  technology  contract  staff
supplied to one or more than one clients on average per year in the three (3)
years immediately before the Original Tender Closing Date.
Remarks:
(i)
A Tenderer is required to submit to the satisfaction of the Government the documentary evidence (including but
not limited to copies of signed contract/invoices of the service fee charged for the supply of the IT contract staff
claimed, statements of purchase/manpower orders in respect of the claimed IT contract staff supplied bearing the
name of clients, post title of IT contract staff, service start/end dates of the IT contract staff concerned) to prove
its experience claimed in Contract Schedule 2B of Part III of the Tender Documents.    Any claimed experience
not substantiated by documentary evidence will not be counted.

(ii)
For the avoidance of doubt, the information technology contract staff referred to for this criterion 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).

(iii)
Remarks (iii) to (xii) under Note 3 are equally applicable to Note 4.

Assessment Criterion 6: Number of clients which have been provided with the supply services of
information technology contract staff within the three (3) years immediately before the Original
Tender Closing Date
Note 5
Marks

5
–  At least eight (8) clients which have been provided with the supply services
of information technology contract staff within the three (3) years immediately
before the Original Tender Closing Date.

4
–  At least seven (7) but less than eight (8) clients which have been provided with
the supply services of information technology contract staff  within the three
(3) years immediately before the Original Tender Closing Date.
Part I – Terms of Tender



Page 53 of 61

Tender  Ref:  GCIO  5/2  (T26)

3
–  At least six (6) but less than seven (7) clients which have been provided with
the supply services of information technology contract staff within the three
(3) years immediately before the Original Tender Closing Date.

2
–  At least five (5) but less than six (6) clients which have been provided with
the supply services of information technology contract staff within the three
(3) years immediately before the Original Tender Closing Date.

1
–  At least four (4) but less than five (5) clients which have been provided with
the supply services of information technology contract staff within the three
(3) years immediately before the Original Tender Closing Date.

0
–  At least (3) but less than two (2) clients which have been provided with the
supply services of information technology contract staff  within the three (3)
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  2B  of  Part  III  of  the  Tender  Documents  and  submit  valid
documentary proof (including but not limited to those documentary evidence submitted in respect of Assessment
Criteria 4 and 5 which will be used for this Criterion) 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)
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.    Contracts with
different Government bureaux/departments for providing the supply services of information technology contract
staff will be considered as having provided the said services to one (1) client only.    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.

(iii)
Remarks (iii) to (xii) under Note 3 are equally applicable to Note 5.

Assessment Criterion 7: Minimum Monthly Wage Rate committed for Relevant Employees of
Staff Category 1

Note 6
The mark scored by each Tender will be determined by the following formula:

P – C

10  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.
Part I – Terms of Tender



Page 54 of 61

Tender  Ref:  GCIO  5/2  (T26)

Illustrative example
Marks scored
Marks scored =
P = HK$21,000
21,000 – 20,500
H = HK$22,000
10  X

22,000 – 20,500
C * = HK$20,500
= 3.33
*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)
If a Tenderer fails to submit Contract Schedule 9 or 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 tender will be evaluated but 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.    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  after  the  Tender  Closing  Date.    If  upon  clarification  in  writing,  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.

(iv)
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.

(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.

Assessment Criterion 3: Innovative Suggestions
Note 7
Tenderers are encouraged to put up innovative suggestions for Assessment Criteria (1) and
(2).    Marks  for  innovative  suggestions  will  be  given  to  two  types  of  innovative
suggestions as follows:

(a)    Type I – innovative suggestions which are considered effective and practicable in
improving the delivery of the Services.    The benefits that this type of innovative
suggestions shall bring about are not pre-defined for tender assessment.    Tenderers
may  propose  innovative  suggestions,  which  may  not  necessarily  be  technology-
related, bringing benefits in terms of any of the following:
Part I – Terms of Tender



Page 55 of 61

Tender  Ref:  GCIO  5/2  (T26)


attaining better quality of Services;

savings of manpower resources for delivering the Services;

boosting satisfaction of procuring bureau/department; and

any other benefits that can facilitate the delivery of the Services.

Innovative  suggestions  will  be  assessed  in  comparison  to  how  the  Services  are
previously delivered under the existing contract or the conventional mode of service
delivery adopted by the Government.

(b)
Type II – innovative suggestions which may not be directly relevant to the supply
services of information technology contract staff to the Government being procured
by this Invitation of Tender but which can bring positive value(s) or benefit(s) to
the  Government  or  public  at  large.    A  maximum  of  3  marks  shall  be  given  to
innovative suggestions in their proposed plans for Assessment Criteria (1) and (2).
Such positive values of benefits may include, inter alia, the following:

  sustainable development of the supply of contract staff industry;
  employment of persons with disabilities or the underprivileged in the society;
and or environmental protection.

Marks will not be given to any innovative suggestion which a Tenderer  will neither be
capable of nor responsible for implementation.

The  distribution  of  marks  for  innovative  suggestions  between  Type  I  and  Type  II  in
respect of Assessment Criteria (1) to (2) are as follows:

Assessment Criterion
Maximum Mark for Type I
Maximum Mark for Type II
Innovative Suggestion
Innovative Suggestion

(1)  Service
6
1.5
Assurance Plan

(2)  Staff
6
1.5
Management Plan

Total:
12
3

For Type I innovative suggestions meeting requirements under (a) above, marks will be
given in accordance with the following rule:

Percentage of
Marking Standard
Maximum Mark

100%
The proposed plan contains three or more practicable innovative
suggestions

66%
The  proposed  plan  contains  two  practicable  innovative
suggestions

33%
The proposed plan contains one practicable innovative suggestion

0%
The proposed plan does not contain any innovative suggestions

Part I – Terms of Tender



Page 56 of 61

Tender  Ref:  GCIO  5/2  (T26)

For Type II innovative suggestions, marks will be given in accordance with the following
rule:

Percentage of
Marking Standard
Maximum Mark

100%
The proposed plan contains three or more practicable innovative
suggestions

66%
The  proposed  plan  contains  two  practicable  innovative
suggestions

33%
The proposed plan contains one practicable innovative suggestion

0%
The proposed plan does not contain any innovative suggestions

For calculation of marks for Type I and Type II innovation suggestions, 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.

An innovative suggestion that score marks under Type I will not earn marks again under
Type II and vice versa.    If the Tender Assessment Panel (TAP) considers that the same
innovative suggestion could earn marks as Types I and II, it will be taken as scoring marks
under  Type  I  only.    Furthermore,  an  innovative  suggestion  scores  marks  under  one
assessment criterion will not earn marks again under the other assessment criteria.    If
the  TAP  considers  that  the  same  innovative  suggestion  could  score  marks  under  more
than one assessment criterion, it will be taken as scoring marks under the first relevant
criterion.    For example, if a Tenderer proposes the same innovative suggestions which
could earn marks under both Assessment Criterion (1) and (2), it will be taken as scoring
marks under Assessment Criterion (1) only.

Tenderers shall propose innovative suggestions by filling in the details in the schedule of
innovative  suggestions  (i.e.  Part  (C)  of  Contract  Schedule  8  of  Part  III  –  Contract
Schedules) to facilitate tender evaluation.

If  a Tenderer fails  to  specify the type (i.e. Type  I or Type  II) of innovation suggestion
which the proposed innovative suggestion belongs to, and that the innovative suggestion
is capable of being treated as either Type I or Type II, the innovative suggestion will be
deemed as proposed as Type I. If the innovative suggestion is only capable being treated
as either type I or II, it will be treated as that type.

Apart  from  the  schedule  of  innovative  suggestions  mentioned  above,  Tenderers  shall
submit the following information for demonstrating the effectiveness and practicability
of the innovative suggestions.    Marks will not be given if the tenderers only propose a
concept  without  sufficient  details.    The  information  that  shall  be  provided  by  the
tenderers includes the following:


  if the suggestion is concerned with a kind of technology, equipment, tool, system,
material, facility and vehicle, etc. : scope of the services involved, details on how
to implement, specifications, catalogues, features, functions, quantity, coverage,
locations and outcome, etc. as appropriate;

Part I – Terms of Tender



Page 57 of 61

Tender  Ref:  GCIO  5/2  (T26)


  if the suggestion is concerned with a kind of measure, service, scheme and activity,
etc. : the objective, scope of the services involved, details on how to implement,
functions, quantity, monetary value, scale, coverage, locations, frequency, duration,
outcome and number of target beneficiaries, etc. as appropriate; and


  if the suggestion is related to manpower : the objective, scope of the duties involved,
details on how to implement, work shifts (full time or part time), posts, recruitment
method, means to approach the target candidates, quantity, monetary value, scale,
coverage,  locations,  frequency,  duration,  outcome  and  number  of  target
beneficiaries, etc. as appropriate.

Tenderers may also be requested to provide supporting documents or a demonstration to
prove  the  practicability  of  their  innovative  suggestions.  All  proposed  innovative
suggestions  will  be  assessed  on  the  basis  of  the information  provided  in  the  quotation
submissions and the factual supporting documents (e.g. test reports/certificates) provided
by the Tenderers upon request by the Government. The demonstration will not be taken
into account in marking. It only serves as a means to enable members of the TAP to have
a better understanding of the innovative suggestions proposed by Tenderers concerned.
During  the  demonstration,  Tenderers  are  also  not  allowed  to  provide  additional
information not contained in its original quotation submission.

Apart from the proposed plans for Evaluation Criteria (1) to (2), all practicable innovative
suggestions included in the proposed plans submitted by the successful Tenderers for all
evaluation criteria and accepted by the Government shall also form part of the Contract.

Passing Marks
Note 8
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 58 of 61

Tender  Ref:  GCIO  5/2  (T26)
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
technology  contract  staff  (referred  hereunder  as  the  “supply
Marking
services”) to the Government
Scheme)

(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 59 of 61

Tender  Ref:  GCIO  5/2  (T26)
Annex C
Reply Slip For Tender Briefing Session

To: Office of the Government Chief Information Officer
(Attn: Contract Staff Services Unit)
Fax No. (852) 2573 7076

Tender Ref. GCIO 5/2 (T26)
Contract for the Supply Services of Information Technology Contract Staff
to the Government of the Hong Kong Special Administrative Region

Tender Briefing Session

I would like to join the online briefing session held at 1500 hours on 20 July 2022
(Hong Kong time) through the use of email addresses specified below:

Full Name of Representative: _____________________________________________

Post/Title: ____________________________________________________________

Email Address: ________________________________________________________

Name of Company: _____________________________________________________

Signature of Authorised Person: ___________________________________________

Full Name of Authorised Person
(in block letters):

    ___________________________________________

Post Title of Authorised Person: ___________________________________________

Telephone No.: _________________      Fax No.: _____________________________

Mobile Phone No.: _________________ Email Address: _______________________

Notes:
(a)    Each prospective Tenderer may only register with one (1) email address for accessing the
meeting room as completed in this form.

(b)   Please register on or before 14 July 2022. Late registration may not be accepted.

(c)    Prospective Tenderer is required to check  your electronic device and the minimum system
requirement  for  joining/hosting  Webex  Events.  Please  refer  to  the  url  below.    Only  the
“Webex” account holder with email address registered with such account and provided in this
reply slip will be allowed to join the online tender briefing session.
URL:
https://help.webex.com/en-us/1vek5r/Webex-Meetings-System-Requirements-and-
Cross-Platform-Information#Webex-Meetings-Suite-System-Requirements

Part I – Terms of Tender



Page 60 of 61

Tender  Ref:  GCIO  5/2  (T26)
(d)   The invitation and password for joining the online tender briefing session will be sent to the
provided email address on or before 1800 hour on 18 July 2022 to the prospective Tenderers
who have submitted the reply slip on or before the above deadline.

(e)    A trial session of the online meeting will be held from 1500 to 1600 hours on 19 July 2022.
Prospective Tenderer may make use of the trial session to test the connection to the online
meeting room and familiarise themselves with the software functions.

Part I – Terms of Tender



Page 61 of 61

Tender  Ref:  GCIO  5/2  (T26)

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, the Tenderer mentioned below, agree to be
bound by all the terms and conditions as stipulated therein.

2.
I/We,  the  Tenderer  mentioned  below,  do  hereby  agree  to  make  a  standing  offer  to
perform  as  and  when  required  by  the  Government  the  Services  as  specified  in  the  Tender
Documents which may, during the Term be required, by the Government to be carried out, at
rates not exceeding the Contract Ceiling Rates quoted by me/us in Contract Schedule 1 of Part
III  free  of  all  other  charges,  subject  to  and  in  accordance  with  the  terms  and  conditions  as
stipulated in the Tender Documents.

Signed by the Tenderer / Signed by an
authorised signatory for and on behalf
:

of the Tenderer
Name of the Tenderer
:

Name  and  title  of  the  authorised
signatory
:

(where applicable)
Date
:

Part II – Offer to be Bound



Page 1 of 1

Tender  Ref:  GCIO  5/2  (T26)
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 11 to 13 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 30

Tender  Ref:  GCIO  5/2  (T26)
PART III

Contract Schedule 2A

Experience and Employment Status of Nominee for
Contract Manager, Key Operations Contact Person and
Technical Support Officer

(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 the nominee for Contract Manager, Key Operations Contact Person
and Technical Support Officer including their respective experience and employment status in this
Contract Schedule 2A for “Stage 2 - Assessment of Compliance with the Essential Requirements”
as set out in the tender assessment procedures at Annex B of Part I of the Tender Documents.

The Contract Manager, Key Operations Contact Person and Technical Support Officer shall
meet the essential requirements set out in paragraphs 6.2(a) to 6.2(c) of Part I of the Tender
Documents,  failing  which  the  tender  will  not  be  considered  further.    The  Tenderer  is
required to submit to the satisfaction of the Government the relevant documentary evidence
to  prove  the  experience  claimed  for  and  employment  status  of  the  respective  nominee  for
Contract Manager, Key Operations Contact Person and Technical Support Officer in this
Contract Schedule 2A.    Please note that persons holding the above three posts shall be three
(3)  different  persons.    Any  claimed  experience  and  full-time  employment  status  with  the
Tenderer not substantiated by documentary evidence will not be counted.

(a)
Contract Manager

(i)
Please provide the name of the Contract Manager below:


   (in Chinese)



   (in English)

1
(ii)  Is the Contract Manager a full-time   employee of the Tenderer?
(Please “” in the appropriate box below and attach the relevant documents as required under
clauses 6.2(a) and 6.4(e) of Part I of the Tender Documents.)


Yes

No


1  Employed to work a minimum of 44 hours per week
Part III – Contract Schedules



Page 3 of 30

Tender  Ref:  GCIO  5/2  (T26)
(iii)  Does  the  Contract  Manager  possess,  in  the  past  ten  (10)  years  immediately
preceding the Original Tender Closing Date, at least four (4) aggregate years of
work  experience  in  managing  the  supply  services  of  information  technology
contract staff to clients?

(Please  “”  in  the  appropriate  box  below  and  attach  the  relevant  documents  as
required under clauses 6.2(a) and 6.4(e) of Part I of the Tender Documents.)


      Yes
      No

Note:  The  work  experience  of  the  Contract  Manager  in  managing  the  supply
services of information technology contract staff to clients in the past ten (10) years
immediately  preceding  the  Original  Tender  Closing  Date  in  aggregate  number  of
calendar days which shall then be divided by 365 to derive the number of years. For
the  avoidance  of  doubt,  period(s)  of  employment  with  employers  other  than  the
Tenderer will be counted while overlapping periods of experience in different posts
will only be counted once.    Please refer to the example set out in clause 6.4(d) of Part
I showing how the work experience shall be calculated.

Please  indicate  below  the  work  experience  of  the  full-time  Contract  Manager  in
managing the supply services of information technology contract staff to clients in
the past ten (10) years immediately preceding the Original Tender Closing Date.

Employer
Post title and
Employment
Number of calendar
Name/Nature of
period
days counted for

the Project
(dd.mm.yyyy to
accumulated

dd.mm.yyyy)
experience in the

period

Total no. of calendar days:
(A)
days
Total no. of aggregate years:
(A/365)
years
(See clause 6.2(a) of Part I. (A)/365 should be at least four (4)
aggregate years.)

Part III – Contract Schedules



Page 4 of 30

Tender  Ref:  GCIO  5/2  (T26)
(b)
Key Operations Contact Person

(i)
Please provide the name of the Key Operations Contact Person below:


   (in Chinese)



   (in English)

(ii)  Is the Key Operations Contact Person a full-time2  employee of the Tenderer?
(Please “” in the appropriate box below and attach the relevant documents as required
under clauses 6.2(b) and 6.4(e) of Part I of the Tender Documents.)


Yes

No

(iii)  Does  the  Key  Operations  Contact  Person  possess,  in  the  past  five  (5)  years
immediately preceding the Original Tender Closing Date, at least three (3) aggregate
years of work experience in handling the day-to-day operational matters relating to
the supply services of information technology contract staff to clients?
(Please “” in the appropriate box below and attach the relevant documents as required
under clauses 6.2(b) and 6.4(e) of Part I of the Tender Documents.)

      Yes
      No

Note: The work experience of the Key Operations Contact Person in handling the
day-to-day  operational  matters  relating  to  the  supply  services  of  information
technology contract staff to clients in the past five (5) years immediately preceding
the Original Tender Closing Date in aggregate number of calendar days which shall
then be divided by 365 to derive the number of years. For the avoidance of doubt,
period(s)  of  employment  with  employers  other  than  the  Tenderer  will  be  counted
while  overlapping  periods  of  experience  in  different  projects/posts/employers  will
only be counted once. Please refer to the example set out in clause 6.4(d) of Part I
showing how the work experience shall be calculated.

Please indicate below the work experience of the full-time Key Operations Contact
Person in handling the day-to-day operational matters relating to the supply services
of  information  technology  contract  staff  to  clients  in  the  past  five  (5)  years
immediately preceding the Original Tender Closing Date.

Employer
Post title and
Employment
Number of calendar
Name/Nature of
period
days counted for

the Project
(dd.mm.yyyy to
accumulated

dd.mm.yyyy)
experience in

the
period


2  Employed to work a minimum of 44 hours per week.
Part III – Contract Schedules



Page 5 of 30

Tender  Ref:  GCIO  5/2  (T26)

Total no. of calendar days:
(A)
days
Total no. of aggregate years:
(A/365)
years
(See Paragraph 6.2(b) of Part I . (A)/365 should be at least
three (3) aggregate years.)

(c)
Technical Support Officer

(i)
Please provide the name of the Technical Support Officer below:


   (in Chinese)



   (in English)

(ii)  Is the Technical Support Officer a full-time3  employee of the Tenderer?
(Please “” in the appropriate box below and attach the relevant documents as required
under clauses 6.2(c) and 6.4(e) of Part I of the Tender Documents.)


Yes

No

(iii)  Does the Technical Support Officer possess, in the past five (5) years immediately
preceding the Original Tender Closing Date, at least two (2) aggregate years  of work
experience  in  providing  technical  support  for  the  operations  of  a  dedicated
information  technology  system  to  be  used  for  the  supply  services  of  information
technology contract staff to clients?
(Please “” in the appropriate box below and attach the relevant documents as required
under clauses 6.2(c) and 6.4(e) of Part I of the Tender Documents.)

      Yes
      No

Note:    The work experience of the Technical Support Officer in providing technical
support for the operations of a dedicated information technology system to be used
for the supply services of information technology contract staff to clients in the past
five  (5)  years  immediately  preceding  before  the  Original  Tender  Closing  Date  in
aggregate number of calendar days which shall then be divided by 365 to derive the
number  of  years.  For  the  avoidance  of  doubt,  period(s)  of  employment  with
employers  other  than  the  Tenderer  will  be  counted  while  overlapping  periods  of
experience in different  projects/posts/employers  will only  be  counted  once.  Please
refer  to  the  example  set  out  in  clause  6.4(d)  of  Part  I  showing  how  the  work
experience shall be calculated.


3  Employed to work a minimum of 44 hours per week.
Part III – Contract Schedules



Page 6 of 30

Tender  Ref:  GCIO  5/2  (T26)
Please indicate below the work experience of the full-time Technical Support Officer
in  providing  technical  support  for  the  operations  of  a  dedicated  information
technology  system  to  be  used  for  the  supply  services  of  information  technology
contract staff to clients in the past five (5) years immediately preceding the Original
Tender Closing Date.

Employer
Post title and
Employment
Number of calendar
Name/Nature of
period
days counted for

the Project
(dd.mm.yyyy to
accumulated

dd.mm.yyyy)
experience in the

period

Total no. of calendar days:
(A)
days
Total no. of aggregate years:
(A/365)
years
(See clause 6.2(c) of Part I. (A)/365 should be at least two
(2) aggregate years.)

Part III – Contract Schedules



Page 7 of 30

Tender  Ref:  GCIO  5/2  (T26)
PART III

Contract Schedule 2B

Tenderer’s Experience

Name of Tenderer : ________________________________________

Please provide the details of Tenderer’s experience in this Contract Schedule 2B for “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  2B.    Any  claimed  experience  not
substantiated by documentary evidence will not be counted.

Table A
Aggregate  years  of  Experience  gained  by  the  Tenderer  in  the  supply  services  of  information  technology
contract staff within the ten (10) years immediately before the Original Tender Closing Date
Name of
Name of Contract Note 1
Contract Period
Aggregate
Description of the Services
Client
(from dd/mm/yyyy
years of
Provided
to dd/mm/yyyy)
experience

Part III – Contract Schedules



Page 8 of 30

Tender  Ref:  GCIO  5/2  (T26)

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
Service period of the
Client
Reference Note 2
the Individual Staff
Individual Staff

Note 3
(from dd/mm/yyyy
to dd/mm/yyyy)

Notes for Contract Schedule 2B

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 fill in one individual staff for each row in Table B.    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  2B,  please  refer  to  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 the service period of individual staff respectively.

Part III – Contract Schedules



Page 9 of 30

Tender  Ref:  GCIO  5/2  (T26)
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.
Business Registration Certificate number and expiry date
______________________________________________________________________
7.
Company profile information:
(a)  Number and location of full time/contract employees:

__________________________________________________________________
(b)  Core business strategies and strength:
__________________________________________________________________
__________________________________________________________________
Part III – Contract Schedules



Page 10 of 30

Tender  Ref:  GCIO  5/2  (T26)
(c)  Industry expertise:
__________________________________________________________________
8.
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)   if the Tenderer is a company, its Memorandum (if any) and Articles of Association,
Certificate  of  Incorporation,  Certificate  of  Change  of  Name  (if  any);  or  the
equivalent  documents  issued  by  the  authority  of  the  place  of  incorporation  of  the
Tenderer if the Tenderer was not incorporated under the Companies Ordinance (Cap.
622) (or its predecessor Ordinance);
(b)  if the Tenderer is a company incorporated in Hong Kong or is a registered non-Hong
Kong  company  under  the  Companies  Ordinance  (Cap.  622)  a  copy  of  the  latest
annual return filed with the Companies Registry and all subsequent filings since the
latest annual return; or the equivalent documents issued by the authority of the place
of incorporation of the Tenderer if the Tenderer was not incorporated or registered
under the Companies Ordinance (Cap. 622) (or its predecessor Ordinance);
(iii)
a copy of a valid Business Registration Certificate (Cap. 310) or documentary evidence
showing  that  the  Tenderer  is  exempted  from  business  registration  under  the  Business
Registration Ordinance (Cap. 310); or if the Tenderer does not carry on business in Hong
Kong,  the equivalent  document  issued by  the  authority  of the  place  of  business  of  the
Tenderer;
(iv)
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 11 of 30

Tender  Ref:  GCIO  5/2  (T26)
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 2021 to 31 March 2027
(6-Year Budget)
_______________________________________________________________

(Plan)
(Plan)
(Plan)
(Plan)
(Plan)
(Plan)
(Actual)

2026-27  2025-26  2024-25  2023-24  2022-23  2021-22  2020-21
(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 12 of 30

Tender  Ref:  GCIO  5/2  (T26)

(II)    Projected Statement of Cash Flows Note 2 from April 2021 to March 2027 (6-Year
Budget)
________________________________________________________________

(←      By year    →)

2021-22  2022-23  202324  2024-25  2025-26  2026-27  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

Net  increase  in  cash  and  cash
x
x
x
x
x
x
x
equivalents

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 13 of 30

Tender  Ref:  GCIO  5/2  (T26)
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)
:
(d) Nature of business, i.e. whether it is a sole :
proprietorship,  a  partnership,  a  limited
company, etc.
(e) The ownership details including name(s) of :
shareholders/  partners/proprietor  and  their
percentages of ownership
(f) If the Tenderer is a subsidiary, the name(s)
and place(s) and date(s) of incorporation of its
immediate and ultimate holding companies

2.  Financial Information

(a)  Audited  Financial  Statements  (original  or  certified  by  the  Tenderer’s  Yes
No
auditors) for the past three (3) financial years provided? []

If “No”, reason(s): _______________________________________

(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 (certified as true in the manner as mentioned in  Yes
No
Clause 9.1 (b) of Part I) up to a period not earlier than three (3) months
    before the Original Tender Closing Date    (if that has not been
  covered by the latest audited financial statements) provided? []
Part III – Contract Schedules



Page 14 of 30

Tender  Ref:  GCIO  5/2  (T26)

(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)
Statement  of  Profit  or  Loss  and





Other  Comprehensive  Income
(for  the  period  April  2021  to
March 2027)






(ii)  Statement  of  Cash  Flows  of  the





contract  (for  the  period  April
2021 to March 2027)






(iii)  Statement  of  Profit  or  Loss  and





Other Comprehensive Income(for
the  period  April  2021  to  March
2027)






(iv)  Statement  of  Cash  Flows  of  the





company  (for  the  period  April
2021 to March 2027)

(d) Assumptions, supporting schedules, and detailed calculation in preparing the projected financial statement
provided? []

Yes
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 15 of 30

Tender  Ref:  GCIO  5/2  (T26)
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.

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.
Part III – Contract Schedules



Page 16 of 30

Tender  Ref:  GCIO  5/2  (T26)

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.

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
Part III – Contract Schedules



Page 17 of 30

Tender  Ref:  GCIO  5/2  (T26)
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.

8.
Obligations to Comply with the Staff Code of Conduct issued by the Employer

The Relevant Employee must be fully aware of and to strictly comply with the requirements
stated  in  the  “Staff  Code  of  Conduct”  issued  by  the  Employer  to  the  Government
Representative  prohibiting  Relevant  Employee,  among  others,  to  provide  Services  from
soliciting or accepting any form of advantages in discharging his duties under the Contract.

9.
Intellectual Property Rights

The Government of the HKSAR shall be the exclusive owner of all intellectual property
created  by  the  Relevant  Employee  when  being  deployed  by  the  Employer  to  work  at  a
Government department or bureau (collectively, “Materials”). All the Intellectual Property
Rights in the Materials shall vest in the Government at the time they are created.    The term
“Intellectual Property Rights” shall include 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 whether now known
or  created  in  future  (whatever  nature  and  wherever  arising)  and  in  each  case  whether
registered or unregistered and including applications for the grant of any such rights.
Part III – Contract Schedules



Page 18 of 30

Tender  Ref:  GCIO  5/2  (T26)
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:

Na
me
in
Block

Date:
Letters:



Part III – Contract Schedules



Page 19 of 30

Tender  Ref:  GCIO  5/2  (T26)
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, 2 and 3
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 20 of 30

Tender  Ref:  GCIO  5/2  (T26)
(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 21 of 30

Tender  Ref:  GCIO  5/2  (T26)

(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

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

(C)    Innovative Suggestions

Tenderers shall provide details of the proposed innovative suggestions in the following tables.    If
there is not enough space, please use supplementary sheets if necessary.    Please refer to Note 7
of the Explanatory Notes for Marking Scheme for details.

(i)    Innovative Suggestions for Assessment Criterion (1) – Service Assurance Plan

Type I – Improving the Delivery of the Services

Proposed innovative
Brief description on
How to implement
Supporting
Suggestions
improvements/
documents (if any)
benefits/ positive
values that can bring
about

Part III – Contract Schedules



Page 22 of 30

Tender  Ref:  GCIO  5/2  (T26)
Type II – Not Directly Relevant to the Services

Proposed innovative
Brief description on
How to implement
Supporting
Suggestions
improvements/
documents (if any)
benefits/ positive
values that can bring
about

(ii)   Innovative Suggestions for Assessment Criterion (2) – Staff Management Plan

Type I – Improving the Delivery of the Services

Proposed innovative
Brief description on
How to implement
Supporting
Suggestions
improvements/
documents (if any)
benefits/ positive
values that can bring
about

Type II – Not Directly Relevant to the Services

Proposed innovative
Brief description on
How to implement
Supporting
Suggestions
improvements/
documents (if any)
benefits/ positive
values that can bring
about

Part III – Contract Schedules



Page 23 of 30

Tender  Ref:  GCIO  5/2  (T26)

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 for Part A and B 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 six (6) 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 24 of 30

Tender  Ref:  GCIO  5/2  (T26)

PART III

Contract Schedule 9

Minimum Monthly Wage Rate committed for
Relevant Employees of Staff Category 1

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:   If a Tenderer fails to submit Contract Schedule 9 or 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 tender will be evaluated but 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.    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  after  the  Original  Tender  Closing  Date.    If  upon  clarification  in
writing,  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.
Note 3:  No mark will be given under Assessment Criterion 7 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.

Part III – Contract Schedules



Page 25 of 30

Tender  Ref:  GCIO  5/2  (T26)
PART III

Contract Schedule 10

Statement of Minimum Information Technology Facilities/Resources to be
Committed for Interfacing Electronically with the Government

Item
Minimum Number
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, 3GHz, 64bit;
equivalent or above
  Memory: at least 8GB RAM
  Hard Drive: at least 100GB free space after the installation of
operating system and database software
  Gigabit Ethernet adaptor x 1
  Operating System:
  Windows Server 2016 Standard Edition
  Database:
  SQL Server 2017 Standard Edition
  Others:
  Anti-virus tools that can offer protection against viruses, adware,
spyware and malware and updated with the latest signature file;
system patches shall be regularly downloaded and applied;
system and data backup shall be regularly performed.

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: 100GB or more
  Gigabit Ethernet adaptor x 1
  Operating System: Windows 10 Professional Edition
  Others:
  Anti-virus tools that can offer protection against viruses, adware,
spyware and malware and updated with the 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 26 of 30

Tender  Ref:  GCIO  5/2  (T26)

Item
Minimum Number
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: 100GB or more
  Gigabit Ethernet    adaptor x 1
  Operating System: Windows 10 Professional Edition
  Others:
  Anti-virus tools that can offer protection against viruses, adware,
spyware and malware and updated with the latest signature file;
system patches shall be regularly downloaded and applied
  Client access licenses required are listed below:
-
SQL Server 2017 client access license
-
Windows Server 2016 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 Windows 10 Mail client or above, that
1
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) in Part VI of the Tender Documents.

Part III – Contract Schedules



Page 27 of 30

Tender  Ref:  GCIO  5/2  (T26)
PART III

Contract Schedule 11

Non-collusive Tendering Certificate
  (To be completed and returned together with the tender submission)

To: The Government

Dear Sir/ Madam,

1.        I / We,    (name of the Tenderer)
of

(address(es) of the Tenderer(s))

refer to the Government’s invitation to tender for the Contract (“Invitation to Tender”) and
my/our Tender in response to the Invitation to Tender.

Non-collusion

2.
    I/We represent and warrant that
(a)(i)  My/Our  Tender  in  response  to  the  Invitation  to  Tender  was  prepared  genuinely,
independently and made with the intention to accept the Contract if awarded;

(a)(ii)  My/Our  response  to  a  Service  Request  (Competitive  Bidding)  was  prepared
genuinely, independently and made with the intention to offer the Service (RE) to
be performed by the nominated RE specified therein if awarded;

(b)
neither  my/our  Tender  nor  my/our  response  to  a  Service  Request  (Competitive
Bidding)  was  prepared  with  any  agreement,  arrangement,  communication,
understanding,  promise  or  undertaking  with  any  person  (including  any  other
Tenderer or competitor) regarding:

i)
prices;

ii)  methods, factors or formulas used to calculate prices;

iii)  an intention or decision to submit, or not submit, any Tender or response to a
Service Request (Competitive Bidding);

iv)  an  intention  or  decision  to  withdraw  any  Tender  or  response  to  a  Service
Request (Competitive Bidding);

v)
the submission of any Tender or response to a Service Request (Competitive
Bidding)  that  does  not  conform  with  the  requirements  of  the  Invitation  to
Tender or SOA Contract;
Part III – Contract Schedules



Page 28 of 30

Tender  Ref:  GCIO  5/2  (T26)

vi)  the quality, quantity, specifications or delivery particulars of the products or
services  to  which  the  Invitation  to  Tender  or  Service  Request  (Competitive
Bidding) relates; and

vii)  the  terms  of  my/our  Tender  or  response  to  a  Service  Request  (Competitive
Bidding),

and I/we undertake that I/we will not, whether before or after the award of the Contract,
enter into or engage in any of the foregoing.

3.
Paragraph  2(b)  of  this  certificate  shall  not  apply  to  agreements,  arrangements,
communications, understandings, promises or undertakings with:

(a)
the Government;

(b)
a joint venture partner with which I/we have submitted my/our Tender, and such
joint venture arrangement has already been notified to the Government in my/our
Tender;

(c)
my/our consultants or sub-contractors, provided that the communications are held
in  strict  confidence  and  limited  to  the  information  required  to  facilitate  that
particular consultancy arrangement or sub-contract;

(d)
my/our professional advisers, provided that the communications are held in strict
confidence and limited to the information required for the adviser to render their
professional advice in relation to my/our Tender;

(e)
insurers or brokers for the purpose of obtaining an insurance quote, provided that
the  communications  are  held  in  strict  confidence  and  limited  to  the  information
required to facilitate that particular insurance arrangement;

(f)
banks  for  the  purpose  of  obtaining  financing  for  the  Contract,  provided  that  the
communications  are  held  in  strict  confidence  and  limited  to  the  information
required to facilitate that financing; and

(g)
any  person  other  than  the  Government,  provided  that  the  Government  has  given
prior written consent.

Disclosure of subcontracting

4.
Without prejudice to other requirements set out in the Tender Documents concerning sub-
contracting  arrangement,  in  particular,  the  requirement  to  seek  the  Government’s  prior
written  approval  before  sub-contracting,  I/We  understand  that  I/we  am/are  required  to
disclose all proposed sub-contracting arrangements for the Contract to the Government in
my/our Tender, including those which will be entered into after the Contract is awarded.
I/We warrant that I/we have duly disclosed and will continue to disclose such arrangements
to the Government.

Part III – Contract Schedules



Page 29 of 30

Tender  Ref:  GCIO  5/2  (T26)

Consequences of breach or non-compliance

5.
I/We understand that in the event of any breach or non-compliance with any representations,
warranties and/or undertakings in this certificate or in clause 32.1 of Part I, the Government
may exercise any of the rights under clauses 32.3 to 32.5 of Part I in addition to and without
prejudice to any other rights or remedies available to it against me/us.

6.
Under  the  Competition  Ordinance  (Cap.  619),  bid-rigging  is  serious  anti-competitive
conduct.    I/We understand that the Government may, at its discretion, report all suspected
instances of bid-rigging to the Competition Commission (the “Commission”) and provide
the Commission with any relevant information, including but not limited to information on
my/our Tender and my/our personal information.

Signed by the Tenderer / Signed by an
authorised signatory for and on behalf of the  :

Tenderer
Name of the authorised signatory (where
:

applicable)
Title of the authorised signatory (where
:

applicable)

Date
:

Part III – Contract Schedules



Page 30 of 30

Tender  Ref:  GCIO  5/2  (T26)

1.
Term

1.1
The Term of the Contract is a period of forty-eight (48) months commencing on
a date to be notified by the Government to the SOA Contractors by not less than
7 days’ prior written notice which date shall be any date within the period from 1
February  2023  to  1  May  2023  (both  dates  inclusive)  subject  to  any  earlier
termination  under  any  applicable  provision  of  the  Contract  or  extension  under
clause 1.2 below.    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  under  this  clause  1.2)  for  a  further  period  of  not
exceeding six (6) months as specified in the notice for the extension.

2.
Contractor’s Acknowledgement

2.1
The Contractor acknowledges and agrees that when entering into the Contract, 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 extension).

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 Service Period (RE) of the Relevant Employees
who have been selected under the selection procedure specified in clause 4 of Part
VI at the respective Individual Rates quoted by the Contractor when submitting a
response to a service request which shall not exceed the Contract Ceiling Rates
of the applicable Staff Categories to which the Relevant Employees belong.    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
Part IV – Conditions of Contract


Page 3 of 44

Tender  Ref:  GCIO  5/2  (T26)
Term  of  the  Contract,  the  Government  may  by  written  notice  call  upon  the
Contractor (“Notice (Reduction)”) to propose reduced Contract Ceiling Rates for
all the Staff Categories.    The notice will specify the date by which the Contractor
has  to  submit  its  proposal  and  the  date  on  which  the  reduced  Contract  Ceiling
Rates may take effect.    The Contractor must submit the proposal in writing to
the Government Representative in accordance with the requirements stipulated in
the  relevant  Notice  (Reduction).    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 Staff Categories covered in the Notice (Reduction)    by taking into account
all  relevant  factors  such  as  but  not  limited  to  the  Contractor’s  proposal,  the
Consumer  Price  Index  (B)  year-on-year  rate  movement,  relevant  statistical
studies on salaries of industries in Hong Kong, income of employees in the IT
sectors  by  Census  and  Statistics  Department,  salary  review  result  for  civil
servants  and so  on  with  reference to  such date or period(s) as the Government
considers relevant. If the Government accepts the Contractor’s proposed reduced
Contract Ceiling Rates or if the Government specifies reduced Contract Ceiling
Rates, it will notify the Contractor a date or a revised date, as the case may be, on
which the reduced Contract Ceiling Rates will take effect (“Notice (Reduction in
Effect)”).    The  reduced  Contract  Ceiling  Rate  shall  not  take  effect
retrospectively (i.e. any time before the date of the Notice (Reduction in Effect)).
The reduced Contract Ceiling Rates shall take effect from that date until the date
they are further adjusted under this clause or clause 3.3.

3.3
Without prejudice to the powers under clause 3.2, the Contract Ceiling Rates (as
from time to time prevailing and as last adjusted) may be adjusted upwards at a
frequency  of  once  every  year  (but  without  implying  that  the  revised  Contract
Ceiling Rates will last for one  year following from such adjustment)  under the
following  circumstances.    The  Contractor  agrees  that  there  shall  be  no  annual
percentage adjustment to the Contract Ceiling Rates during the first twelve (12)
months  of  the  Term.    Thereafter,  the  Government  may  by  notice  request  the
Contractor to propose an annual percentage adjustment  of the Contract Ceiling
Rates for all of the Staff Categories as specified therein (“Notice (“Increase)”). In
the  Notice  (Increase),  the  Government  will  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 may take effect. The Contractor must
submit the proposal in writing to the Government Representative in accordance
with  the  requirements  stipulated  in  the  relevant  Notice  (Increase).    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 or nil percentage adjustment applicable to the
Contract Ceiling Rates by taking into account all relevant factors, including those
Part IV – Conditions of Contract


Page 4 of 44

Tender  Ref:  GCIO  5/2  (T26)
same factors mentioned in clause 3.2 above.    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  in  the  Notice
(Increase).    The  increased  Contract  Ceiling  Rates  shall  take  effect  from  the
effective date until the date they are further adjusted under this clause or under
clause  3.2.  The  date  on  which  the  adjustment  shall  take  effect  may  be
retrospective (i.e. any time before the date of the Notice (Increase in Effect)).

3.4
A Contractor bidding for the Service in response to a service request to be issued
under clause 4 of Part VI 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 Category to which the Relevant Employee belong.

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.    All wage stated in the contract
of employment signed between the Contractor and the Relevant Employee on or
before or after the effective date of rate adjustment to the Contract Ceiling Rate,
the  wage  /  salary  stated  in  the  said  contract  shall  also  be  subject  to  the  latest
upward adjustment as mentioned in this clause.

3.7
Regardless of whether the Individual Rate of an existing Relevant Employee (viz.,
whose  Period  of  Service  (RE)  is  already  subsisting  as  at  the  time  of  the
adjustment),  is  higher  or  lower  than  the  Contract  Ceiling  Rate  which  has  been
downward adjusted, the Individual Rate of such Relevant Employee will not be
affected by any downward adjustment whilst the Period of Service (RE) continues
to subsist. When this same Relevant Employee is continued to be employed for
another fresh Period of Service (RE) pursuant to clause 5.5(b) below for the same
position with the same Government bureau or department, the Individual Rate for
Part IV – Conditions of Contract


Page 5 of 44

Tender  Ref:  GCIO  5/2  (T26)
the  applicable  Staff  Category  must  not  be  higher  than  the  latest  prevailing
Contract Ceiling Rate after all applicable adjustments (upward and downward).

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
Part IV – Conditions of Contract


Page 6 of 44

Tender  Ref:  GCIO  5/2  (T26)
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.

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;

(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); or

(d)
the  Relevant  Employee  who  refuses  to  comply  with  any  of  the
requirements imposed by the Government in writing for the purpose of
safeguarding  public  interest  at  large,  including  matters  relating  to
public  health  (including  the  vaccine  pass  arrangements  as  further
specified in clause 36 of this Part), social order and public safety, etc.
including those requirements applicable to civil servants.

5.
Period of Service (RE)

5.1
The Period of Service (RE) of the Relevant Employee shall be of varying duration
as confirmed in the Notice of Service (RE) or Notice of Service (Extension) 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.      Failure to  give such  advance  notice to  the Government  will
constitute a breach of the Contract.

5.3
The  Contractor  is  required  to  give  notice  to  the  Government  if  a  Relevant
Employee  resigns  before  completion  of  his  Period  of  Service  (RE).    For  an
Relevant Employee (other than of Staff Category 3, 4, 5 or 6), 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 the Service (RE) of such Relevant
Employee,  i.e.  (the  Individual  Rate  of  that  Relevant  Employee  x  14).    For  an
Relevant Employee of Staff Category 3, 4, 5 or 6 as defined in clause 2.3 of Part
I,  if  less  than  two  (2)  months’  notice  but  more  than  one  (1)  month’s  notice  is
given, the Contractor is liable to pay to the Government seven (7) days’ payment
Part IV – Conditions of Contract


Page 7 of 44

Tender  Ref:  GCIO  5/2  (T26)
for  Service  (RE)  of  such  Relevant  Employee,  i.e.  (the  Individual  Rate  of  that
Relevant  Employee  x  7),  and  if  less  than  one  (1)  months’  notice  is  given,  the
Contractor is liable to pay to the Government fourteen (14) days’ payment for the
Service  (RE)  of  such  Relevant  Employee,  i.e.  (the  Individual  Rate  of  that
Relevant Employee x 14).

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.

5.5
The Government shall be entitled, by giving not less than seven (7) calendar days’
prior written notice to the Contractor (and in the case of clause 5.5(b), such notice
is to be known as “Service Request (Extension)”), to:

  (a)
early terminate the Period of Service (RE) of the Relevant Employee,
except that in any one of the following situations , the Government may
require the immediate termination of the Period of Service (RE) of the
Relevant Employee

(i)
the death of that Relevant Employee, or sickness or incapacity of
that Relevant Employee for seven (7) calendar days or more in any
30-day period (unless otherwise approved by the Government on
a  case-by-case  basis)  preventing  him  from  properly  discharging
his duties; or

(ii)
in the reasonable opinion of the Government bureau or department
at which the Relevant Employee is stationed, the performance of
that  Relevant  Employee  is  unsatisfactory  or  has  otherwise
misconducted himself or has breached any law of Hong Kong; or

(iii)    that  Relevant  Employee  has  on  his  own  accord  terminated  the
employment or appointment with the Contractor; or

(b)
vary or extend the Period of Service (RE) of the Relevant Employee to
any period as may be specified by the Government and the procedures
concerning  the  service  request  will  be  handled  in  accordance  with
clause 5.7 below.

5.6
In the event that the Government exercises the right under clause 5.5(a) above by
giving the requisite notice period (if required), the Contractor shall not be entitled
to claim any additional payment.

5.7
In the event that the Government proposes to extend the Period of Service (RE)
of the Relevant Employee under clause 5.5(b) above, the Contractor is requested
to make available the Relevant Employee for an extension of the Service Period
Part IV – Conditions of Contract


Page 8 of 44

Tender  Ref:  GCIO  5/2  (T26)
(RE) as stated in the Service Request (Extension).    If the Contractor is unable to
do so whether due to the non-availability of the Relevant Employee or otherwise,
the Contractor is required to give the Government notice within seven (7) calendar
days following from the date of the Service Request (Extension).    In the absence
of such notice, the Contractor shall be deemed to be agreeable to the proposed
extension whereupon the Government may issue to the Contractor prior notice of
more than seven (7) calendar days to confirm the extended Period of Service (RE)
and its duration (“Notice of Service (Extension)”).

5.8
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 another SOA Contractor to provide Service (RE)
to the Government.

6.
Monitoring the Performance of Service

6.1
Prior to the commencement of the Service, the team of professional staff meeting
the  essential  requirements  as  set  out  in  clause  6.2  of  Part  I  of  the  Tender
Documents  shall  assist  the  Contractor  in  making  all  necessary  preparation  for
monitoring  the  performance  of  the  Service  on  behalf  of  the  Contractor.    The
team  of  professional  staff  shall  comprise  the  following  three  roles,  with  three
different persons filling them:

(a)
a Contract Manager, who is empowered with full authority to make all
necessary decisions regarding the performance of the Service under this
Contract on behalf of the Tenderer;

(b)
a  Key  Operations  Contact  Person  for  the  Tenderer  to  liaise  with  the
Government  Representative  and  users  of  bureaux  /  departments  in
handling  the  day-to-day  operational  matters  arising  from  and  in  the
course of delivering the Service under this Contract; and

(c)
a Technical Support Officer for the Tenderer and serving as a liaison
with  the  IT  Support  Team  of  the  Office  of  the  Government  Chief
Information  Officer (OGCIO) regarding the installation and usage of
the Contract  Staff Administration System (CSAS)  –  CSA Contractor
Module provided by the Government.

6.2
The team of professional staff shall be readily available throughout the Term to
liaise with and take instructions from the Government Representative.

6.3
The  team  of  professional  staff  shall  attend  all  meetings  convened  by  the
Government Representative to discuss with the Government Representative and
monitor the progress and performance of the Service.

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.

Part IV – Conditions of Contract


Page 9 of 44

Tender  Ref:  GCIO  5/2  (T26)
6.5
None of the members in the team of professional staff as nominated in Contract
Schedule  2A  of  Part  III  may  be  replaced  unless  with  the  Government
Representative’s  prior  written  approval.    If  there  are  any  staff  changes  in  the
team  of  profession  staff,  the  Contractor  shall  propose  to  the  Government
Representative in writing with the support of the relevant documentary evidence
proving  the  experience  claimed  for  and  employment  status  of  the  proposed
replacement  staff  for  the  specific  post,  i.e.  Contract  Manager,  Key  Operations
Contact  Person  or  Technical  Support  Officer  concerned  has  fully  met  the
respective essential  requirement for the position as set  out  clause 6.2  of Part  I.
Such  proposal  with  relevant  documentary  evidence  shall  be  submitted  to  the
Government Representative in no less than fourteen (14) working days in advance
of  the  joining  date  of  the  proposed  replacement  staff.    The  appointment  or
replacement of any members in the team of professional staff shall not relieve the
Contractor from any liability or obligation under this Contract.

6.6
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.

6.7
Subject to the Government’s obligations of confidence, the Contractor shall on
demand  provide  to  the  Government  Representative  all  reasonable  co-operation
and  assistance  in  relation  to  the  inspection  and/or  checking  conducted  in
accordance with clause 6.6 above, including, but not limited to:

(a)
provision  of  all  information  requested  by  the  Government,  including
employment  contracts,  wage  payment  records  of  the  Relevant
Employees;

(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.

6.8
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.

6.9
The Contractor shall bear its own costs and expenses incurred in compliance with
its obligations specified in clauses 6.1 to 6.4, 6.7 and 6.8 above.    If a Contractor
fails  to  rectify  any  unsatisfactory  Service,  or  any  breach  or  non-compliance  in
Part IV – Conditions of Contract


Page 10 of 44

Tender  Ref:  GCIO  5/2  (T26)
accordance  with  clause  6.8  above,  the  Government  Representative  shall  be
entitled, without prejudice to any other rights and remedies or actions to be taken
under the Contract (including but not limited to terminate the Contract pursuant
to clause 25 of this Part), 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.

6.10
Clauses 6.6 to 6.9 above shall survive the termination of this Contract for a period
of twelve (12) months.


7.
Contractor’s Undertaking

7.1
The Contractor warrants, represents and undertakes to the Government that:

(a)
the  Relevant  Employee  shall  comply  with  the  essential  qualification
requirements  and  essential  experience  requirements  set  out  in  the
Specifications in Part VI as well as any essential specific requirements
set out in the service request throughout the Period of Service (RE);

(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 all its obligations under this Contract including
without limitation the vesting of the Intellectual Property Rights in the
Government, and the granting and/or procuring the grant of the licences
to the Government, and its authorised users in accordance with clause
19 of this Part;

Part IV – Conditions of Contract


Page 11 of 44

Tender  Ref:  GCIO  5/2  (T26)
(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 and bear all costs, charges and expenses that may
be  incurred  in  obtaining  and  maintaining  all  necessary  licences  or
permits throughout this Contract;

(i)
the Contractor shall fully comply with specified requirements imposed
by  the  Government  Representative  in  writing  for  the  purpose  of
safeguarding public interest at large in connection with its discharge of
contractual  obligations  for  the  provision  of  services  by  the  Relevant
Employee.    The Contractor shall, at its own cost, take all such actions
as may be necessary for the compliance and execution of the specified
requirements imposed by the Government Representative;

(j)
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;

(k)
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  (provided  that  they
shall not be inconsistent with the conditioned hours of work) and rest
days.    Subject  to  clause  9  below,  the  Contractor  shall  offer  to  its
employees  the pay  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;

(l)
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
this Part;

Part IV – Conditions of Contract


Page 12 of 44

Tender  Ref:  GCIO  5/2  (T26)
(m)
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;

(n)
the  Contract  constitutes  valid,  legally  binding  obligations  of  the
Contractor enforceable in accordance with its terms;

(o)
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 genuine, true, accurate and complete;

(p)
throughout  the  Term,  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;

(q)
throughout the Term, it is not subject to any contractual obligation, or
court judgment or ruling order or arbitration decision, compliance with
which is likely to have a material adverse effect on its ability to perform
its obligations under the Contract;

(r)
throughout  the  Term,  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

(s)
throughout the Term, 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
Part IV – Conditions of Contract


Page 13 of 44

Tender  Ref:  GCIO  5/2  (T26)
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 to the satisfaction of the Government 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  conditioned
hours  of  work  as  specified  in  clause  5.1(d)  of  Part  VI  for  all  days  of  a  month
(subject to one rest day in every period of seven days and entitlement to statutory
holidays) , 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 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 (i) or (ii) or (iii) is the highest
but subject to any upward adjustment from time to time as mentioned in clause
3.6 above.

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
conditioned hours of work as specified in clause 5.1(d) of Part VI for all days of
a month (subject to one rest day in every period of seven days and entitlement to
statutory  holidays),  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
Part IV – Conditions of Contract


Page 14 of 44

Tender  Ref:  GCIO  5/2  (T26)
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 employment contracts and 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 6.8 and 6.9 of this Part, or to terminate the Contract in
accordance with clause 25 of this Part.

10.
Payment for Service

10.1
Subject to the satisfactory performance of the Services, 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
Payments for the Services shall be made on a monthly basis in accordance with
the  procedures  specified  below  and  comprising  the  amounts  specified  in  sub-
clauses (a) and (c) below (“payment for the Service”):

(a)
at the end of each month of the Term, the Relevant Employees will be
required  to  submit  time  sheets  to  the  Government  Representative
detailing the Service (RE) rendered and the time spent.    The payment
in  respect  of  that  month  for  the  Service  (RE)  performed  by  each
Relevant Employee will be based on time spent (per day provided that
the conditioned hours of work as specified in clause 5.1(d) of Part VI
are  complied  with)  on  the  Service  (RE)  rendered  and  the  Individual
Rate  of  that  Relevant  Employee  (viz.,  the  number  of  such  days  of
Service  (RE)  rendered  multiplied  by  the  Individual  Rate  of  that
Relevant  Employee).    The  Contractor  is  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
Part IV – Conditions of Contract


Page 15 of 44

Tender  Ref:  GCIO  5/2  (T26)
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.    For those Relevant Employees who are not working under  a
shift  arrangement,  normal  office  hours  means  the  standard  working
hours as stated in the respective employment contracts of the Relevant
Employees; for those working under a shift arrangement, normal office
hours  means  the  designated  working  hours  according  to  the  shift
arrangement drawn up by the Government Representative as mentioned
in 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)
the 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)
the 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)
the  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
Where and to the extent it is stated to be required in Part IV of this Contract, the
Contractor shall effect and keep in force, and renew upon expiry, throughout the
Applicable Period (as defined in clause 11.3 below):

11.1.1  a public liability insurance policy in the joint names of (i) the Contractor and (ii)
the Government, (with appropriate cross-indemnity clause as if a separate policy
has been issued to each of them) subject to a maximum indemnity amount in the
sum of not less than an indemnity amount of HK$10,000,000 for each claim or a
Part IV – Conditions of Contract


Page 16 of 44

Tender  Ref:  GCIO  5/2  (T26)
series of claims arising from one event, but otherwise unlimited in the aggregate
indemnity  amount  for  all  claims  arising  during  the  entire  period  of  insurance
(“public liability insurance policy”); and

11.1.2  any other insurance specified in Part IV of this Contract (including those specified
in clause 11.4 below);

(a)
with an insurance company authorised under the Insurance Ordinance
(Chapter  41  of  the  Laws  of  Hong  Kong)  and  on  such  terms  and
conditions as shall be approved by the Government; and

(b)
(applicable to the public liability insurance policy under clause 11.1.1
above) against liability to pay damages and compensation for injury or
death of any person and loss or damage to any property.

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).

11.2
For  the  purposes  of  obtaining  the  Government’s  approval  of  the  terms  and
conditions of the insurance policy, before taking out of the same, if required by
the  Government,  the  Contractor  shall  submit  the  draft  insurance  policy  to  the
Government for review no later than one (1) week after the signing and execution
of Standing Offer Deed.

11.3
The Applicable Period for the public liability insurance policy shall be the Term
of Contract; and for other insurance policies specified to be required in the Part
IV of the Contract, such Applicable Period shall be as stated in the Part IV of the
Contract.

11.4
Without prejudice to clauses 11.1 and 11.3 above, the Contractor shall effect and
maintain employer’s liability insurance in respect of all its employees and other
staff in accordance with all applicable laws and regulations.

11.5
If required by the Government, the Contractor shall deliver to the Government
copies of all insurance policies required under the Contract together with receipts
or other evidence of payment of the latest premium due under the policies.

11.6
For all insurance policies required under the Contract, the Contractor shall comply
with  and observe duly  and punctually all terms  and conditions  set  out  in these
policies.    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
covered by the relevant insurance policy.

Part IV – Conditions of Contract


Page 17 of 44

Tender  Ref:  GCIO  5/2  (T26)
11.7
If the Contractor fails to give effect to or maintain any insurance policy 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.

11.8
No  provision  including  any  indemnity  limit  specified  in  any  insurance  policy
required under the Contract shall relieve the Contractor of any liability under the
Contract  or  be  construed  as  a  cap  on  the  liability  of  the  Contractor  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 and Indemnities

12.1
Neither the  Government nor any of its employees or agents shall 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  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
(in the course of employment).

12.2
Without  prejudice  to  any  other  provision  of  the  Contract,  the  Contractor  shall
indemnify  the  Government  and  its  employees  or  agents  (each  an  “Indemnified
Party”) from and against

(a)
all  and  any  liabilities  and  indebtedness  (including  liabilities  to  pay
damages  or  compensation),  losses,  damage,  costs,  charges  and
expenses incurred or suffered by an Indemnified Party of whatsoever
nature (including all legal and expert costs, charges and expenses on a
full indemnity basis); and

(b)
all  and  any  demands,  claims,  actions,  arbitrations,  proceedings,
threatened, brought or instituted by any person against an Indemnified
Party  or  by  an  Indemnified  Party  against  any  person  (regardless  of
whether or not they have been settled or compromised) (collectively,
“Claims” and each a “Claim”) and everything stated in Sub-clause (a)
above incurred or suffered by an Indemnified Party in all and any such
Claims,

which arise directly or indirectly as a result of or in connection with, or which
relate in any way to, all or any of the following:

(i)
the breach of any provisions of the Contract by the Contractor;
Part IV – Conditions of Contract


Page 18 of 44

Tender  Ref:  GCIO  5/2  (T26)

(ii)
the negligence, recklessness, tortious acts or wilful act or omission
of the Contractor, its employees, agents or sub-contractors;

(iii)    any  Warranty  which  is  incorrect,  inaccurate,  incomplete  or
misleading;

(iv)
any claim or allegation that the use or possession of the Materials
or Third Party Materials infringes the Intellectual Property Rights
or any other rights of any person; or

(v)
the  non-compliance  by  the  Contractor,  its  employees,  agents  or
sub-contractor(s) with any applicable law, or regulation, order or
requirement of any government agency or authority;

(vi)    any act or omission of the Contractor, or its employees, agents or
sub-contractors,
in
the
performance
of
the
Contract
notwithstanding that the Contractor is authorised or obliged to do
or commit any such act or omission under this Contract;

(vii)
any loss, damage, injury or death referred to in Clause 12.1 above
save and except injury or death caused by the Negligence of the
Government  or  any  of  its  employees  (in  the  course  of
employment); or

(viii)  any  injury or death  of any third party, or any loss  or damage to
property sustained by any third party, in consequence of any act,
omission,  default,  or  negligence  of  the  Contractor  or  any  of  its
employees, agents and sub-contractors.

Each of the above is separate and shall be construed independently and shall not
prejudice or be limited by reference to or inference from the other of them or other
provisions of this Contract.

12.3
In the event of any person suffering any injury or death in the course of or arising
out  of  the  Contract  and  whether  there  be  a  claim  for  compensation  or  not,  the
Contractor  shall  verbally  inform  the  Government  Representative  as  early  as
practicable  and  deliver  to  the  Government  a  written  report  within  seven  (7)
working  days  after  the  occurrence  of  the  injury  or  death,  or  on  an  earlier  date
specified by the Government Representative.

12.4
For the purposes of this clause 12, “Negligence” (appearing in upper case) shall
have  the  same  meaning  as  that  assigned  to  it  in  section 2(1)  of  the  Control  of
Exemption Clauses Ordinance (Chapter 71 of the Laws of Hong Kong).

12.5
The indemnities, payment and compensation given in pursuance of the Contract
by  the  Contractor  shall  not  be  affected  or  reduced  by  reason  of  any  failure  or
omission of the Government in enforcing any of the terms and conditions of the
Contract.

Part IV – Conditions of Contract


Page 19 of 44

Tender  Ref:  GCIO  5/2  (T26)

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
By  the  Deadline  as  specified  in  the  notification  of  conditional  acceptance  of
tender to be issued under clause 20.2 of Part I, the successful Tenderer is required
to submit a performance bond (alternatively referred to as the bank guarantee or
banker’s  guarantee)  in  accordance  with  clause  24  of  Part  I  and  in  the  form
appearing in Annex to this Part.

14.2
The  performance  bond  to  be  submitted  by  the  successful  Tenderer  pursuant  to
clause  14.1  above  shall  be  issued  by  a  bank  details  of  which  shall  have  been
submitted in writing to the Government for the Government’s approval before
issue.    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.    The  effective  date  of  the  replacement  performance
bond (if approved) must remain as no later than the Commencement Date.

14.3
The performance bond shall only be released in accordance with the terms stated
therein.

15.
Relationship of the Parties

15.1
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.

15.2
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.

16.
Assignment and Sub-Contracting

16.1
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
Part IV – Conditions of Contract


Page 20 of 44

Tender  Ref:  GCIO  5/2  (T26)
Contract.    The performance of the Contract by the Contractor shall be personal
to  it.    Any  person  purportedly  appointed  by  the  Contractor  as  agent  shall  be
treated as sub-contractors for the purpose of this clause 16 and for the whole of
the Contract.

16.2
The  Contractor  shall  submit  the  proposed  sub-contract  to  the  Government  for
approval.

16.3
The  Government  may  impose  conditions  either  to  be  complied  with  by  the
Contractor and/or any proposed sub-contractors before giving any approval under
clause 16.1 above including without limitation the execution of a sub-contractor’s
undertaking by the proposed sub-contractor in favour of the Government in such
form  and  substance  to  be  prescribed  by  the  Government.    Where  the
Government  requests  the  same,  a  certified  copy  of  the  sub-contract  shall  be
deposited with the Government within seven (7) days after the effective date of
the sub-contract.

16.4
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.    The  Contractor  shall  be  responsible  for  all  acts,
defaults,  omissions  and  neglect  of  any  of  its  officers,  employees,  agents,  sub-
contractors  (at  whatever  level),  and  employees  and  agents  of  any  such  sub-
contractor as if they were its own.

17.
Disclosure of Information

17.1
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)
a  brief  description  of  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 the team of
professional staff employed meeting the essential requirements as set
out in clause 6.2 of Part I by the Contractor to assist in the performance
of the Contract;

(d)
the date of award of the Contract; and

Part IV – Conditions of Contract


Page 21 of 44

Tender  Ref:  GCIO  5/2  (T26)
(e)
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.

17.2
Disclosure may also be made by the Government under any of the circumstances
specified  in  clause  33  of  Part  I  in  relation  to  any  information  concerning  or
relating to the Contractor or the Contract or the Services or the Materials, recorded
in whatever media.

17.3
Nothing in this clause 17 or in clause 33 of Part I shall imply or be construed that
the  Government  owes  any  duty  of  confidentiality  to  the  Contractor  including
without limitation in relation to any information of or concerning this Contract or
the Contractor or the Services or the Materials.

18.
Publicity

18.1
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.

18.2
Subject  to  clause  18.1  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.

18.3
Notwithstanding any consent or approval given under clauses 18.1 or 18.2 above,
whenever  required  by  the  Government,  the  Contractor  shall  remove  all
advertisement  and  publicity  material  relating  to  the  Contract  wherein  the
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.

19.
Intellectual Property Rights

19.1
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 19.3 below, the Contractor warrants that
such  Materials  are  original  works  developed  by  or  on  behalf  of  the  Contractor
including without limitation all Relevant Employees.

19.2
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).
Part IV – Conditions of Contract


Page 22 of 44

Tender  Ref:  GCIO  5/2  (T26)

19.3
If  any  materials  of  which  the  Intellectual  Property  Rights  are  owned  by  third
parties and incorporated into the Materials or supplied or used by the Contractor
in the performance of the Contract (“Third Party Materials”), the Contractor shall
identify the Third Party Materials to the Government and keep the Government
informed in writing of such Third Party Materials.    The Contractor hereby grants
or in case it is not empowered to do so, shall at its own costs and expenses procure
that  there  will  be  granted,  in  favour  of  the  Government,  its  authorised  users,
assigns  and  successors-in-title  a  royalty-free,  non-exclusive,  irrevocable,
perpetual, worldwide and sub-licensable licence, for all purposes contemplated
by the Contract, to use (including doing any of the acts restricted by copyright set
out in sections 22 to 29 of the Copyright Ordinance (Chapter 528 of the Laws of
Hong Kong)) the Third Party Materials.

19.4
The Contractor warrants that:

(a)
prior to the use and incorporation of such Third Party Materials into the
Materials  or  in  providing  the  Services,  the  Contractor  shall  have
obtained  the  grant  of  all  necessary  clearances  for  itself  and  for  the
Government, its authorised users, assigns and successors-in-title to use
the  Third  Party  Materials  in  the  manner  and  for  any  of  the  purposes
contemplated by the Contract.    The costs of the above clearances and
licences shall be borne by the Contractor;

(b)
the provision of the Materials, Services and Third Party Materials by
the  Contractor  and  the  use  or  possession  by  the  Government,  its
authorised  users,  assigns  and  successors-in-title  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 or any other rights of any person; and

(c)
the  exercise  of  any  of  the  rights  granted  under  the  Contract  by  the
Government,  its  authorised  users  assigns  and  successors-in-title  will
not infringe any Intellectual Property Rights or any other rights of any
person.

19.5
The Contractor hereby irrevocably waives and undertakes to procure, at its own
costs  and  expenses,  its  officers,  employees,  agents,  sub-contractors  and  all
authors concerned to irrevocably waive all moral rights (whether past, present or
future) in respect of the Materials and Third Party Materials.    Such waiver shall
operate 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.

19.6
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 required by the Government to give full
effect to this clause 19, and shall provide all such assignments, deeds, licences,
Part IV – Conditions of Contract


Page 23 of 44

Tender  Ref:  GCIO  5/2  (T26)
documents and instruments to the Government within fourteen (14) days from the
date of the Government’s written request or such longer period as may be agreed
by the Government in writing.

19.7
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.

19.8
The  provisions  of  this  clause  19  shall  survive  the  expiry  or  termination  of  the
Contract and shall continue in full force and effect notwithstanding such expiry
or termination.

20.
Software Asset Management

20.1
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.

20.2
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.

20.3
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.

20.4
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.

20.5
The  provisions  of  this  clause  20  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.

21.
Confidential and Official Information

21.1
The Contractor shall not disclose and shall treat as confidential all Confidential
Information.

21.2
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
Part IV – Conditions of Contract


Page 24 of 44

Tender  Ref:  GCIO  5/2  (T26)
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 before the formal
engagement  of  the  Relevant  Employee  as  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.

21.3
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.

21.4
The  Government  may  request  the  Contractor  in  writing  at  any  time  that  any
Confidential Information disclosed pursuant to the terms of this clause 21 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.

21.5
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).

21.6
Without  prejudice  to  any  other  provision  of  the  Contract,  the  Contractor  shall
indemnify and keep indemnified each of the Government, its assigns successors-
in-title  and authorised users  from  and  against everything stated in  clauses 12.2
and  12.3  above  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
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

Part IV – Conditions of Contract


Page 25 of 44

Tender  Ref:  GCIO  5/2  (T26)
(c)
any  act  done  or  omission  in  the  performance  of  the  Contract  that
contravenes  the  Unsolicited  Electronic  Messages  Ordinance
(Cap. 593).

21.7
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,
disclose, publish or reproduce, and shall procure and ensure each person who may
be imparted with any Confidential Information in accordance with clauses 21.1
and  21.2  above  shall  not  use,  disclose,  publish  or  reproduce,  the  Confidential
Information  for  any  other  purposes  without  the  Government’s  prior  written
consent.

21.8
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.

21.9
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.

21.10
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.

21.11
The  provisions  of  this  clause  21  shall  survive  the  expiry  or  termination  of  the
Contract and shall continue in full force and effect notwithstanding such expiry
or termination.

22.
Contractor’s Obligation to Inform Government of Relevant Facts

22.1
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


Page 26 of 44

Tender  Ref:  GCIO  5/2  (T26)
22.2
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).

22.3
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.

23.
Conflict of Interest

23.1
The  Contractor  shall,  during  the  Term  of  the  Contract  and  for  six  (6)  months
thereafter, ensure that it (including its Associates and Associated Persons, each of
the  Relevant  Employees  and  each  sub-contractor  and  their  Associates  and
Associated  Persons  (collectively  “Restricted  Group”))  shall  not  undertake  any
business,  activity,  service,  task  or  job  or  do  anything  whatsoever  for  its  own
account  or  for  or  on  behalf  of  another  person  (other  than  in  the  proper
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.

23.2
The  Contractor  shall,  during  the  Term  of  the  Contract  and  for  six  (6)  months
thereafter, immediately notify in writing the Government of all or any facts which
may reasonably be considered to give rise to a situation where the  interests (of
whatsoever  nature)  of  the  Contractor  or  any  other  member  of  the  Restricted
Group,  conflict  or  compete,  or  may  be  seen  to  conflict  or  compete,  with  the
Contractor’s duties or obligations under the Contract.

23.3
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.

23.4
The Contractor must ensure that itself and each other member of the Restricted
Group (including the Relevant Employees) shall keep themselves informed and
that  each  other  member  of  the  Restricted  Group  (including  the  Relevant
Employees) shall 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 under this Contract.

24.
Prevention of Bribery

24.1
The Contractor acknowledges it has been reminded that:
Part IV – Conditions of Contract


Page 27 of 44

Tender  Ref:  GCIO  5/2  (T26)

(a)
dishonesty,  theft  and  corruption  on  its  part  or  that  of  its  officers,
employees,  agents  or  sub-contractors  are  criminal  offences  and  may
lead  to  prosecution  under  section  9  of  the  Prevention  of  Bribery
Ordinance (Chapter 201 of the Laws of Hong Kong), sections 17, 18D
and 19 of the Theft Ordinance (Chapter 210 of the Laws of Hong Kong)
and section 161 of the Crimes Ordinance (Chapter 200 of the Laws of
Hong Kong); and

(b)
the soliciting or accepting of advantages, as defined in the Prevention
of Bribery Ordinance is not permitted.

24.2
The  Contractor  shall  inform  its  officers,  employees  (whether  permanent  or
temporary),  agents  and  sub-contractors  that  the  soliciting  or  accepting  of
advantages (as defined in the Prevention of Bribery Ordinance (Chapter 201 of
the Laws of Hong Kong)) is not permitted.    The Contractor shall also caution its
officers (including directors), employees and agents and sub-contractors against
soliciting or accepting any 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.

24.3
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
Part IV – Conditions of Contract


Page 28 of 44

Tender  Ref:  GCIO  5/2  (T26)
or establishment of the Government shall be guilty of an offence under
section 8 of the Prevention of Bribery Ordinance (Cap. 201).

24.4
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.

24.5
The Government shall have the right to terminate the entire Contract pursuant to
clause  25.1  of  this  Part  in  the  event  that  the  Contractor  or  any  of  its  officers,
employees,  agents  and  sub-contractors  is  convicted  of  an  offence  under  the
Prevention of Bribery Ordinance (Chapter 201 of the Laws of Hong Kong), the
Theft  Ordinance  (Chapter  210  of  the  Laws  of  Hong  Kong)  or  the  Crimes
Ordinance (Chapter 200 of the Laws of Hong Kong).

24.6
The  Contractor  shall  within  two  (2)  weeks  after  the  commencement  of  the
Contract  draw  up  and  submit  a  staff  code  of  conduct  to  the  Government
Representative  including,  among  other  probity  issues,  a  statement  explicitly
prohibiting its sub-contractor (if any), or any person employed by it to provide
the Services from soliciting or accepting any form of advantages in discharging
his duties under the Contract.    It shall ensure that its sub-contractor (if any), or
any person employed by it to provide the Services is well aware of the prohibited
acts explicitly stated in clause 24.2 above and of the staff code of conduct.    The
code  of  conduct  should  form  part  of  the  employment  contract  to  ensure
acknowledgement and compliance by the employees.

25.
Termination of Contract

25.1
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 26 of this Part:

(a)
failure  on  the  part  of  the  Contractor  to  make  available  one  or  more
Relevant Employee(s) to perform the Service (RE) with effect from the
date as specified in a Notice of Service (RE) issued or on the date as
specified in the Notice of Service (Extension) issued (as the case may
be);

(b)
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;

(c)
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
Part IV – Conditions of Contract


Page 29 of 44

Tender  Ref:  GCIO  5/2  (T26)
warranty, undertaking, requirement or obligation under the Contract in
accordance with clause 6.9 of this Part;

(d)
the Contractor being in breach of any provision of the Contract which in
the opinion of the Government is not capable of remedy;

(e)
any Warranty is incorrect, inaccurate, incomplete or misleading;

(f)
the  Contractor  having  made  a  material  misrepresentation  (including
submission  of  false  statement  or  inaccurate  information)  during  the
tendering process of the Contract;

(g)
the Contractor, any officer (including director), employee, agent or sub-
contractor  of  the  Contractor  having  committed  an  offence  under  the
Prevention  of  Bribery  Ordinance  (Chapter  201  of  the  Laws  of  Hong
Kong) or any law of a similar nature in relation to the Contract or any
other contract made by the Contractor with the Government;

(h)
the Contractor abandoning the Contract in whole or in part;

(i)
the  Contractor  assigning  or  transferring  or  purporting  to  assign  or
transfer  all  or  any  part  of  the  Contract  or  all  or  any  of  its  rights  or
obligations  thereunder  without  the  prior  written  consent  of  the
Government; or

(j)
any event or circumstance occurring which enables the Government to
terminate the Contract under any one of the following provision of the
Part IV of Contract:

(i)
clause 14 and Annex to Part IV (Performance Bond);
(ii)
clause 24.5 (Prevention of Bribery);
(iii)
clause 32.3 (Force Majeure);
(iv)
clause 33.1 (Illegal Workers);
(v)
clause 36.4 (Admission of Contractor Personnel to Government
Premises); or
(vi)
clause  32.3(c)  of  Part  I  of  Terms  of  Tender  (Warranty  against
Collusion).

25.2
The Government may immediately terminate the Contract upon the occurrence
of any of the following events:

(a)
a proposal is made for a voluntary arrangement or any other composition,
scheme  or  arrangement  with,  or  assignment  for  the  benefit  of,  the
Contractor’s creditors;

(b)
if the Contractor is an incorporated body, a shareholders’ or members’
resolution has been passed that it be wound up or dissolved (other than
voluntarily  for  the  purpose  of  bona  fide  reconstruction  or  solvent
amalgamation  the  terms  of  which  have  been  approved  by  the
Government in advance);
Part IV – Conditions of Contract


Page 30 of 44

Tender  Ref:  GCIO  5/2  (T26)

(c)
a petition is presented for the winding up or dissolution or bankruptcy of
the Contractor, which is not dismissed within fourteen (14) days after the
petition is presented;

(d)
the  Contractor  is  or  becomes  insolvent,  or  any  order  is  made  for  the
Contractor’s bankruptcy or winding up or dissolution;

(e)
an  administrator,  administrative  receiver,  receiver  or  similar  officer  is
appointed  over  the  whole  or  any  part  of  the  Contractor’s  business  or
assets;

(f)
the Contractor suspends or ceases, or threatens to suspend or cease, to
carry on all or a substantial part of its business; or

(g)
the  Government  reasonably  believes  that  any  of  the  events  mentioned
above is about to occur.

25.3
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.

25.4
Each  of  the  grounds  entitling  the  Government  to  terminate  the  Contract  as
specified  above  shall  be  construed  independently  and  shall  not  be  limited  or
restricted  by  reference  to  or  inference  from  any  other  ground  or  any  other
provision of this Contract.

26.
Termination Consequences

26.1
Upon  expiry  or  early  termination  of  the  Contract  (howsoever  occasioned)
(“Termination”):

(a)
the Contract shall be of no further force and effect, but without prejudice
to:

(i)
the  Government’s  rights  and  claims  under  the  Contract  or
otherwise  at  law  against  the  Contractor  arising  from  antecedent
breaches  of  the  Contract  by  the  Contractor  (including  any
breach(es)  which  entitle  the  Government  to  terminate  the
Contract);

(ii)
the rights and claims which have accrued to a Party prior to the
Termination; and

(iii)
the continued existence and validity of those provisions which are
expressed to or which in their context by implication survive the
Termination  (however  occasioned)  (including  but  not  limited  to
Part IV – Conditions of Contract


Page 31 of 44

Tender  Ref:  GCIO  5/2  (T26)
clauses  6.6, 6.7, 6.8, 6.9, 19, 20, 21  of this Part and  clause 1 of
Part I containing the interpretation);

  (b)
the Government shall not be responsible for any claim, legal proceeding,
liability, loss (including any direct or indirect loss, any loss of revenue,
profit, business, contract or anticipated saving), damages (including any
direct, special, indirect or consequential damages of whatsoever nature)
or any cost or expense, suffered or incurred by the Contractor arising out
of or in relation to the Termination;

(c)
without  prejudice  to  the  other  rights  and  claims  of  the  Government
including the right to seek indemnity under clause 12.2 of this Part in the
event  of  the  Termination  under  clause  25.1  or  25.2  of  this  Part,  the
Contractor  shall  be  liable  for  all  losses,  damage,  costs  and  expenses
incurred by the Government arising from the Termination under clause
25.1 or 25.2 of this Part only (and excluding under clause 25.1(j)(iii) of
this  Part)  including  without  limitation  (i)  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 Services and all costs and expenses incurred in making
the  arrangements  for  the  same  including  conducting  tender  for  the
uncompleted  Services;  and  (ii)  any  additional  expenditure  incurred  by
the Government in connection with a default by the Contractor referred
to in clause 25.1 or 25.2 of this Part.    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  Services
provided by the Contractor prior to Termination and in accordance with
the Contract for which payment has yet to be made by the Government;

(d)
the  Contractor  shall  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;

(e)
the  Contractor  shall  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;


(f)
within twenty-eight (28) days of the date of termination, the Contractor
shall  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

(g)
the Contractor shall  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
Part IV – Conditions of Contract


Page 32 of 44

Tender  Ref:  GCIO  5/2  (T26)
in which the Service have been provided or the purpose of allowing the
Government or a replacement contractor to conduct due diligence.

26.2
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.

27.
Set-off

27.1
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 by way of equitable set off or at common    law
the amount of such liquidated liability and a reasonable estimate of the amount of
any  unliquidated  liability,  against  any  sum  then  due  or  which  at  any  time
thereafter  may  become  due  from  the  Government  to  the  Contractor  under  the
Contract  or  any  other  contracts  made  between  the  Government  and  the
Contractor.

28.
Costs and Expenses

28.1
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.

29.
Governing Law and Jurisdiction

29.1
The Contract shall be governed by and construed in accordance with the laws of
Hong Kong

29.2
The parties hereby agree to submit to the exclusive jurisdiction of the courts of
Hong Kong in relation to any matters or disputes arising out of or in connection
with or in relation to the Contract.

30.
Change of Address

30.1
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.

Part IV – Conditions of Contract


Page 33 of 44

Tender  Ref:  GCIO  5/2  (T26)
31.
Notices

31.1
Any  notice  to  be  served  by  Government  to  the  Contractor  shall  be  sent  by
recorded  delivery,  registered  post,  telex,  fax  or  electronic  mail  and  shall  be
deemed to have been served to the Contractor within twenty-four (24) hours of
posting  the  notice  or  immediately  upon  sending  the  notice  to  the  number  or
address  of  the  addressee  by  post,  fax  or  electronic  mail  as  the  case  may  be  as
stated  in  the  Standing  Offer  Deed  (or  such  other  number  or  address  as  the
Contractor may by not less than five (5) days’ prior written notice specify).

32.
Force Majeure

32.1
If  the  Contractor  becomes  aware  of  any  matter  likely  to  constitute  a  Force
Majeure Event, the Contractor shall forthwith notify the Government in writing
concerning such matter and provide the Government with all relevant information
as the Government may request.

32.2
Within  seven  (7)  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, how the Force Majeure Event
has and/or will materially prevent it from performing the Contract or such part
thereof, and likely duration of such material prevention.

32.3
Provided  the  Government  is  satisfied  with  the  Contractor’s  claim  of  a  Force
Majeure Event which has materially prevented and/or will continue to materially
prevent it from performing its obligations under the Contract or such part thereof,
the Contract or such part thereof strictly to the extent of such prevention shall be
suspended during the subsistence of such Force Majeure Event commencing from
a date to  be agreed between the Parties (“Suspension due to  Force Majeure”).
Where  the  Government  is  not  so  satisfied  about  any  alleged  claim  of  a  Force
Majeure  Event,  there  shall  be  no  Suspension  due  to  Force  Majeure.    The
Contractor may not allege or claim any event as a Force Majeure Event.    Any
failure by the Contractor to perform any obligation under the Contract shall be
treated  as  default  and  entitles  the  Government  to  terminate  the  Contract  under
clause 25 of this Part.

32.4
Without prejudice to the generality of clause 32.3 above, whilst the Suspension
due to Force Majeure subsists:

(a)
the  Contractor  shall  not  be  required  to  perform  any  part  of  its
obligations  under  the  Contract  strictly  to  the  extent  it  is  materially
prevented  from  doing  so  by  the  Force  Majeure  Event  (“Affected
Obligations”) but it shall use its best endeavours to remove or mitigate
the effect of the Force Majeure Event on the Affected Obligations;

(b)
the  Government  may  make  alternative  arrangements  for  the
performance of    the Affected Obligations, whether by another person
or otherwise, without compensation to the Contractor;

Part IV – Conditions of Contract


Page 34 of 44

Tender  Ref:  GCIO  5/2  (T26)
(c)
the Contractor shall not be entitled to any payment of money in respect
of the Affected Obligations (if any money would have been payable in
the first place);

(d)
notwithstanding  anything  in  the  Contract  to  the  contrary,  no
compensation shall be payable by either Party to the other due to any
losses  or damage arising from  the Suspension due to  Force Majeure;
and

(e)
the  Contractor  shall  continue  to  fully  and  punctually  perform  and
observe all of its other obligations which are not affected by the Force
Majeure Event in full accordance with the requirements of the Contract
including those obligations which are not Affected Obligations, and to
that extent, all terms and conditions of the Contract shall continue to
apply and be in full force and effect.

32.5
Following the issue of a notice by the Contractor under clause 32.1 above which
has  led  to  Suspension  due  to  Force  Majeure  under  clause  32.3  above,  the
Contractor  shall  keep  the  Government  informed  once  every  week  or  at  such
longer frequency as may be allowed by the Government, and in any event from
time to time upon the request of the Government, of:

(a)
the likely duration of the relevant Force Majeure Event and of its effect
of materially preventing the Contractor from performing the Affected
Obligations;

(b)
the actions taken or proposed to be taken by the Contractor to mitigate
or  minimise  the  effects  of  that  Force  Majeure  Event  (“Mitigation
Actions”); and

(c)
any  other  matters  relevant  to  that  Force  Majeure  Event  or  the
Contractor’s performance affected by that Force Majeure Event.

32.6
As soon as the relevant Force Majeure Event has terminated or otherwise that the
Government considers that the Mitigation Actions have minimised the effect of
the Force Majeure Event on the ability of the Contractor to perform the Affected
Obligations,  the  Contractor  shall  forthwith  notify  the  Government,  or  the
Government may on its own, after consultation with the Contractor, by notice in
writing  to  the  Contractor,  determine  the  appropriate  date  for  resuming  the
performance of the Affected Obligations (“Resumption Date”).    The Contractor
shall immediately after the termination of the Force Majeure Event or with effect
from Resumption Date as determined by the Government in the aforesaid manner,
resume performance of the Affected 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  Resumption  Date,  the
Government’s decision shall be final in the absence of manifest error.

32.7
Should a Suspension due to Force Majeure subsists for more than thirty (30) days,
the Government shall be entitled to, but is not obliged to terminate the Contract
pursuant to clause 25 of this Part.
Part IV – Conditions of Contract


Page 35 of 44

Tender  Ref:  GCIO  5/2  (T26)

33.
Illegal Workers

33.1
The Contractor undertakes not to employ illegal workers in the execution of this
Contract or any other Government contracts.    Should the Contractor be found to
have  employed  illegal  workers  in  breach  of  this  undertaking,  the  Government
Representative  may,  on  behalf  of  the  Government,  by  notice,  terminate  this
Contract pursuant to clause 25.1(j) of this Part.

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
Time shall be of the essence of the Contract but 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.

36.
Admission of Contractor Personnel to Government Premises

36.1
Upon request from time to time by the Government, the Contractor shall provide
to the Government a list of the names, posts, staff identity card numbers, addresses
and telephone numbers of all Contractor’s employees, agents, sub-contractors and
those employees and agents of the aforementioned sub-contractors (collectively
“Relevant  Personnel”  which  term  shall  for  the  avoidance  of  doubt  include  all
Part IV – Conditions of Contract


Page 36 of 44

Tender  Ref:  GCIO  5/2  (T26)
Relevant  Employees)  who  may  at  any  time  require  admission  on  behalf  of  the
Contractor to any premises occupied by the Government for the purposes of the
Contract if so required by the Government Representative, and in that event such
list  shall  specify  the  capacities  in  which  those  persons  are  employed  by  or
connected  with  the  Contractor  and  shall  contain  such  other  particulars  as  the
Government Representative may reasonably require.

36.2
The  Contractor  shall  ensure  that  while  any  of  the  Relevant  Personnel  is  on  the
Government’s premises they will conform to the Government’s normal codes of
staff and security practice.

36.2A  The Contractor shall require all Relevant Personnel, save for those exempted, to
present  vaccination  record  complying  with  the  scheduled  dosage  requirements
from time to time set out in the Vaccine Pass website of the Government prior to
their entry into indoor government premises which are their places of work, or for
work-related purposes (including for meetings and for fulfillment of duties).    The
number of vaccine doses required may be revised by prior written notice from the
Government  to  the  Contractor  in  the  light  of  the  development  of  COVID-19
epidemic situation by revising the aforesaid website.

36.2B
Exemption from the requirement to present vaccination record will be granted to
(a) those who are medically unfit for COVID-19 vaccination as supported by a
valid medical certificate; and (b) pregnant staff with prior exemption to be granted
by  the  Government  on  a  case-by-case  basis.    The  exempted  categories  of
Relevant Personnel mentioned in this clause may be revised by prior written notice
from the Government to the Contractor.

36.2C
For the purpose of clauses 36.2A and 36.2B, the Contractor shall comply with the
entry  requirement  of  Government  premises,  implementation  approaches,
requirement  on  the  vaccination  record  and  other  relevant  documentations  to  be
presented,  consequence  of  non-compliance,  maintenance  and  updating  of  the
register of vaccination status, and all other necessary requirements as determined
by the Government by prior written notice from the Government to the Contractor.

36.2D    The Contractor shall ensure that the Relevant Personnel will have given consent
to the Contractor to pass the personal data in relation to clauses 36.2A and 36.2B
above to authorised persons of the Government for the purposes of the provisions
of this clause 36 and other provisions of the Contract.

36.3
The  Government  Representative  reserves  the  right  to  refuse  to  admit  to  the
Government premises any person, whose admission would be, in the reasonable
opinion of the Government Representative, undesirable.

36.4
In  the  event  that  the  Contractor  fails  to  comply  with  this  clause  36  and  it  is
determined that such failure is prejudicial to the interests of the Government, the
Government  Representative  may  thereupon  terminate  the  Contract  forthwith
pursuant to clause 25.1(j) of this Part.

Part IV – Conditions of Contract


Page 37 of 44

Tender  Ref:  GCIO  5/2  (T26)
37.
Entire Agreement

37.1
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.    On the other hand, the Government has relied on
the Warranties when entering into the Contract.    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.

37.2
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).

38.
Variations

38.1
Subject  to  other provisions of the Contract  which provide for the power of the
Government to make changes, no waiver, cancellation, alteration or amendment
of or to the provisions of the Contract shall be valid unless made by an agreement
in writing and duly signed by the Contractor and the Government and in which
agreement,  the  Parties  expressly  agree  to  the  relevant  waiver,  cancellation,
alteration  or  amendment  of  or  to  the  provisions  of  the  Contract  as  specified
therein.

39.
Assistance in Legal Proceedings

39.1
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.

39.2
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.

Part IV – Conditions of Contract


Page 38 of 44

Tender  Ref:  GCIO  5/2  (T26)
40.
Order of Precedence

40.1
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)
the Conditions of Contract in Part IV;

(b)
the Contract Schedules in Part III;

(c)
the Specifications in Part VI;

(d)
the Terms of Tender in Part I including the interpretation in clause 1;
and

(e)
the Standing Offer Deed in Part V.

41.
Contracts (Rights of Third Parties) Ordinance

41.1
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).

42.
Retention of Records

42.1
The Contractor shall keep and maintain until seven (7) years after the expiry of
the  Contract,  or  such  longer  period  as  may  be  agreed  by  the  parties,  full  and
accurate records in relation to the Contract including the Services provided under
it, all expenditure reimbursed by the Government, and all payments made by the
Government.    If  requested by the Government,  the Contractor shall afford the
Government or its representative or authorised person access to the records and
to make and retain copies thereof as may be requested by the Government or its
representative or authorised person.

Part IV – Conditions of Contract


Page 39 of 44

Tender  Ref:  GCIO  5/2  (T26)

Annex - Form of Bank Guarantee

THIS GUARANTEE is  made on the ….…….….……… day of …….…….….... 20 ………
BY…………………………………………………………………………………………….…
of  ………………………………………..,  a  bank  with  a  valid  banking  licence  within  the
meaning of the Banking Ordinance, Chapter 155 of the Laws of Hong Kong (“Guarantor”)

IN FAVOUR OF

The Government of the Hong Kong Special Administrative Region of the People’s Republic
of China (“Government”)

WHEREAS

(A)
By an invitation to tender issued by the Government (Tender Ref: GCIO 5/2 (T26)),
the Government invited tenders for the Supply Services of Information Technology
Contract Staff to the Government of the Hong Kong Special Administrative Region
Tender Reference: GCIO 5/2 (T26)(“Contract”) upon the terms and conditions of the
Contract.

(B)
It  is  proposed  that  the  Contract  shall  be  awarded  to  <Name  of  the  Contractor>,  a
company  whose  registered  office  is  situated  at  <registered  office  address>
(“Contractor”).

(C)
It  is  a  condition  precedent  to  the  Government  agreeing  to  grant  the  Contract  the
Contractor  that,  inter  alia,  the  Guarantor  executes  this  Guarantee  in  favour  of  the
Government.

Now this Deed witnesses as follows :-

(1)
Where applicable, words and expressions used in this Guarantee (including the recitals)
shall  have  the  meaning  assigned  to  them  in  the  Contract.    The  interpretation
principles  set  out  in  Clause  1.2  of  Part  IV  of  the  Contract  shall  also  apply  to  this
Guarantee.

(2)
In  consideration  of  the  Government  agreeing  to  enter  into  the  Contract  with  the
Contractor:

Part IV – Conditions of Contract


Page 40 of 44

Tender  Ref:  GCIO  5/2  (T26)
(a)
The Guarantor hereby irrevocably and unconditionally guarantees, as a primary
obligor and not as a surety, and as a continuing security, the due and punctual
performance and observance by the Contractor of all of its obligations under
the  Contract  and  the  Guarantor  shall  pay  to  the  Government  on  demand  and
without cavil or  argument  all monies and liabilities which  are now or at  any
time hereafter shall become due or owing by the Contractor to or in favour of
the Government under or in connection with the Contract together with all costs,
charges  and  expenses  on  a  full  indemnity  basis  which  may  be  sustained  or
incurred by the Government by reason or in consequence of any default on the
part of the Contractor in performing or observing any of its obligations under
the Contract.

(b)
The Guarantor, as a principal obligor and not as a surety, and as a separate and
independent  obligation  and  liability  from  its  obligations  and  liabilities  under
sub-clause (a) above, irrevocably and unconditionally agrees to indemnify and
keep  indemnified  the  Government  from  and  against  and  shall  pay  to  the
Government  on  demand  and  without  cavil  or  argument  all  losses,  damages,
costs, charges and expenses on a full indemnity basis suffered or incurred by
the Government arising from or in connection with the failure of the Contractor
to  perform  or  observe  fully  or  punctually  any  of  its  obligations  under  the
Contract.

(c)
The  Government  may  place  and  keep  any  monies  received  by  virtue  of  this
Guarantee to the credit of a suspense account for so long as the Government
may think fit in order to preserve the rights of the Government to sue or prove
for the whole amount of its claims against the Guarantor, the Contractor or any
other person.

(3)
This Guarantee shall not be affected by any change of name or status in the company,
firm  or  individual  described  as  “the  Contractor”  or  where  the  Contractor  is  a
partnership,  any  change  in  the  partners  or  where  the  Contractor  is  a  company,  any
change in its members or directors.

(4)
The  Guarantor  shall  not  be  discharged  or  released  from  this  Guarantee  by  any
arrangement made between the Government and the Contractor or by any change in
obligations of the Contractor under the Contract or by any forbearance granted by the
Government to the Contractor as to payment, time, performance or otherwise whether
or not such arrangement, change or forbearance may have been or is made or granted
with or without knowledge or assent of the Guarantor.

(5)
Without  prejudice  to  Clause  4  above,  the  obligations  of  the  Guarantor  under  this
Guarantee shall remain in full force and effect and shall not be affected or discharged
in any way by, and the Guarantor hereby waives notice of:

(a)
any  suspension  of,  variation  or  amendment  or  supplement  to  the  Contract
(including  without  limitation  extension  of  time  for  performance)  or  any
concession or waiver by the Government, in whole or in part, in respect of the
Part IV – Conditions of Contract


Page 41 of 44

Tender  Ref:  GCIO  5/2  (T26)
Contractor's obligations under the Contract;

(b)
any provision of the Contract being or becoming illegal, invalid, void, voidable
or unenforceable;

(c)
the termination of the Contract for any reason;

(d)
any forbearance or waiver of any right of action or remedy that the Government
may  have  against  the  Contractor  and/or  the  negligence,  failure,  omission,
indulgence or delay by the Government in enforcing any right, power, privilege
to or remedy available to the Government in relation to the obligations of the
Contractor set out in the Contract;

(e)
the voluntary or involuntary liquidation, bankruptcy, dissolution, sale of assets,
receivership,  general  assignment  for  benefit  of  creditors,  insolvency,
reorganisation arrangement, composition, or other proceedings of or affecting
the Contractor or its assets, or any change in the constitution or membership or
shareholding of the Contractor (as the case may be);

(f)
any  assignment  or  sub-contracting  by  the  Contractor  of  any  or  all  of  its
obligations  set  out  in  the  Contract,  whether  or  not  such  assignment  or  sub-
contracting has been consented to; and

(g)
without prejudice to the generality of the foregoing, any fact or event (whether
similar to any of the foregoing or not) which in the absence of this provision
would or might constitute or afford a legal or equitable discharge or release of
or defence to the Guarantor, other than an express release of its obligations by
the Government.

(6)
This Guarantee shall extend to all obligations of the Contractor under the Contract as
the  same  may  from  time  to  time  be  amended  or  supplemented  and  the  Guarantor
hereby prospectively consents to whatever amendment, variation or supplement which
may be made to the Contract.

(7)
This Guarantee shall have immediate effect upon execution and is a continuing security.
This Guarantee shall cover all of the obligations and liabilities of the Contractor under
the Contract and shall remain in full force and effect and irrevocable until:-

(a)
the date falling three (3) months after the expiry or earlier termination of the
Term; or

(b)
in the case if at the time of expiry or earlier termination of the Term, there is
any outstanding right or claim which has accrued to the Government prior to
the expiry or earlier termination of the Term (whether arising from antecedent
breach(es)  by  the  Contractor  of  the  Contract  or  otherwise),  the  date  falling
thirty-six (36) months after the expiry of the Warranty Period;

whichever is the applicable.
Part IV – Conditions of Contract


Page 42 of 44

Tender  Ref:  GCIO  5/2  (T26)

(8)
This  Guarantee is  in  addition  to  and shall not  merge with  or otherwise prejudice or
affect any contractual or other right or remedy or any guarantee, indemnity, lien, pledge,
bill, note, charge or any other security which the Government may at any time hold
(collectively  “Other  Security”)  and  this  Guarantee  may  be  enforced  by  the
Government without first having recourse to any of the Other Security or taking any
steps or proceedings against the Contractor, and notwithstanding any release, waiver
or invalidity of the Other Security.

(9)
Any demand, notification or certificate given by the Government specifying amounts
due and payable under or in connection with any of the provisions of this Guarantee
shall be conclusive and binding on the Guarantor.

(10)
The obligations expressed to be undertaken by the Guarantor under this Guarantee are
those of primary obligor and not as a surety.

(11)
This Guarantee shall be governed by and construed according to the laws for the time
being  in  force  in  the  Hong  Kong  Special  Administrative  Region  of  the  People’s
Republic of China (“Hong Kong”) and the Guarantor agrees to submit to the exclusive
jurisdiction of the courts of Hong Kong.

(12)
All documents arising out of or in connection with this Guarantee shall be served:-

(a)
upon the Government, at the Office of Government Chief Information Officer
of 19/F., West Wing, Central Government Offices, 2 Tim Mei Avenue, Tamar,
Hong Kong, marked for the attention of Government Chief Information
Officer, facsimile number    3153 2666    ;

(b)
upon the Guarantor, at ______________, marked for the attention of
______________, facsimile number ______________.

(13)
Documents to be served under this Guarantee shall be deemed to have been duly served
by one party if sent by letter or facsimile addressed to the other party at the address
stated above or to the facsimile number set out above.    The documents so served shall
be effective (a) on the date of delivery if hand-delivered; (b) on the date of transmission
if  sent  by  facsimile  (as  evidenced  by  confirmed  transmission  report);  and  (c)  if
despatched by mail (whether registered or not), on the day on which they are tendered
for delivery by the postal authority in Hong Kong.

(14)
Notwithstanding  anything  herein  to  the  contrary,  the  aggregate  amount  of  the
Guarantor’s
liability
under
this
Guarantee
shall
not
exceed                                                                .

Part IV – Conditions of Contract


Page 43 of 44

Tender  Ref:  GCIO  5/2  (T26)

IN WITNESS whereof the Guarantor ……………………….has caused its [Common Seal/
Seal* to be hereunto affixed] [lawful attorney to execute this Guarantee as a deed] the day and
year first above written.

The [Common Seal/Seal*] of the said
)
Guarantor was hereunto affixed
)
and signed by …………………………
)
………………………………….……..
)
[Name and Title]

duly authorised by its board of directors:
)

…………………………………………
)

…………………………………………
)

@
Signed Sealed and Delivered
)
for and on behalf of and as
)
lawful attorney of the Guarantor
)
under power of attorney dated
)
…….. and deed of delegation
)
dated …………………………...
)
by ………………………………
)
[Name and Title]

and in the presence of………….
)

…………………………………
)
…………………………………
)
[Name and Title]

*
Please delete as appropriate.
@
See Powers of Attorney Ordinance, Chapter 31 of the Laws of Hong Kong.
Note:  When the bank guarantee is executed under power of attorney, a photocopy
of the power of attorney, certified on each page by a Hong Kong solicitor
that it is a true and complete copy of the original must be submitted.

Part IV – Conditions of Contract


Page 44 of 44

Tender  Ref:  GCIO  5/2  (T26)

PART V

STANDING OFFER DEED

THIS DEED made on the
                    day of                              , 2022

BETWEEN:

(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; and

(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 Services as specified in
the Tender Documents with the reference number GCIO 5/2 (T26).

(2)
A  tender  was  submitted  by  the  Contractor  which  has  been  accepted  by  the
Government.

(3)
The  Government  wishes  to  acquire  the  Services  if  so  desires  from  different
Contractors to serve various Government bureaux and departments in Hong Kong.

Part V – Standing Offer Deed


Page 1 of 3

Tender  Ref:  GCIO  5/2  (T26)

NOW THIS DEED WITNESSES AS FOLLOWS:

1.
All  terms  and  expressions  defined  in  the  Tender  Documents  published  by  the
Government  in  connection  with  the  Invitation  to  Tender  have  the  same  meanings
when used herein (including the recitals).
2.
The  SOA  Contract  between  the  Government  and  the  Contractor  is  hereby  deemed
constituted and shall comprise the following documents which are:
(i)
Part IV - Conditions of Contract;

(ii)
Part III - Contract Schedules, where applicable, in the respective forms as

submitted by the Contractor, and which form part of its tender and

incorporating such amendments as the Government stipulates or as the

parties may subsequently have agreed;

(iii)
Part VI – Specifications;

(iv)
Part I – Terms of Tender including the interpretation; and

(v)
Part V – this Standing Offer Deed.

All  of  the  above  items  are  annexed  to  these  Standing  Offer  Deed  for  identification
purposes.
3.
In consideration of one dollar (HK$1) (receipt whereof is hereby acknowledged), the
Contractor hereby binds itself to perform all Services, which are to be performed or
provided on demand under the terms of the Contract, on and subject to the terms and
conditions set out in the Contract.    Charges for such Services shall be payable on and
subject to the terms and conditions set out in the Contract.

4.
For  the  purposes  of  Clause  31  of  Part  IV,  the  address  and  facsimile  number  of  the
Contractor are as follows:
[Name of the Contractor]

[Address]

Facsimile number:

Email Address:

Attention:    [Post title]

In witness whereof the parties hereto have entered into this Standing Offer Deed on the day and
year first above written.
Part V – Standing Offer Deed


Page 2 of 3

Tender  Ref:  GCIO  5/2  (T26)

[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


Page 3 of 3

Tender  Ref:  GCIO  5/2  (T26)
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 the issue of a Service Request (Competitive
Bidding)  in  accordance  with  the  procedure  set  out  in  clause  4  of  this  Part,  the
Contractor is required:

(a)
to  propose  eligible  candidates  fulfilling  the  essential  qualification
requirements as set out in clause 2.1.1 of this Part, as well as any other
essential  requirements  and  specific  requirements  as  specified  by  the
Government in a Service Request (Competitive Bidding), 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.    The  professional  team  who  performs  such  supervision
and  management  shall  include  the  Contract  Manager,  Key  Operations
Contact Person and Technical Support Officer as nominated in Contract
Schedule 2A of Part III.

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  and  specific  requirements  as
specified  by  the  Government.  Candidates  who  do  not  meet  all  essential
requirements and specific requirements will not be considered.

2.
Qualification and Experience Requirements

2.1
General Requirements

All  of  the  following  general  requirements  set  out  in  clause  2.1.1  and  clause  2.2
below  concerning  qualifications  and  experience  apply  to  all  staff  categories  of
Relevant  Employee  or  such  staff  categories  as  therein  specified.    All
qualifications  and  experience  of  a  nominee  Relevant  Employee  proposed  in
response to a Service Request (Competitive Bidding) shall be determined as at the
date of the submission of proposal in response to a Service Request (Competitive
Bidding).

2.1.1    All  Relevant  Employees  presented  for  selection  must  fulfil  the  following
requirements  concerning  qualifications  (collectively,  “essential  qualification
requirements”).

I.
Each Relevant Employee in staff categories 0 to 6 as specified in clause
2.3 of Part I must have:
Part VI – Specifications



Page 2 of 25

Tender  Ref:  GCIO  5/2  (T26)

(a)
a  bachelor’s  degree  awarded  by  a  post-secondary  institution  in  Hong
Kong,  including  but  not  limited  to  the  eight  University  Grants
Committee funded universities in  Hong Kong, or a bachelor’s degree
awarded by an overseas university or a polytechnic in the UK, the USA,
Canada, New Zealand or Australia1  ;

or  an  accredited  associate  degree  or  a  higher  diploma  in  information
technology from a Hong Kong or overseas tertiary education institute;

              or

(b)
an accredited associate degree or a higher diploma from a Hong Kong
or overseas tertiary education institute in subjects other than information
technology;

or a diploma from a Hong Kong or overseas tertiary education institute
(only the diploma awarded after the said institute is duly registered as a
tertiary education institute will be counted);

or  Level  3  or  equivalent  or  above  in  five  subjects,  including  English
Language,  in  the  Hong  Kong  Diploma  of  Secondary  Education
Examination (HKDSEE), or overseas 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 overseas 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 overseas equivalent;

or  Level  2  /  Grade  E  or  above  in  five  subjects,  including  Chinese
Language and English Language (Syllabus B before 2007), in the Hong

1  For the degrees awarded by overseas universities or polytechnics in countries other than the UK, the USA, Canada,
New Zealand or Australia, they will not be considered as meeting the essential requirement unless upon request by
the  Government,  which  the  Government  is  not  obliged  to  make,  the  Contractor  can  provide  supplementary
information as requested by the Government to prove to its satisfaction that the degrees awarded meet the level of
a Bachelor degree under the Hong Kong Qualifications Framework.
Part VI – Specifications



Page 3 of 25

Tender  Ref:  GCIO  5/2  (T26)
Kong  Certificate  of  Education  Examination  (HKCEE),  or  overseas
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 overseas
equivalent; and

(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 (collectively, “essential experience requirements”) are those
demanded  on  top  of  the  essential  qualification  requirements  specified  in  clause
2.1.1  above.    In  addition,  the  Government  at  the  time  of  issuing  the  Service
Request (Competitive Bidding) will specify the skills and/or 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  (collectively,
“essential  specific  requirements”).    The  essential  experience  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 Request (Competitive Bidding) as part of the aforesaid essential specific
requirements.

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 at least three (3) years must be in a similar post and
Part VI – Specifications



Page 4 of 25

Tender  Ref:  GCIO  5/2  (T26)
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 at least 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;

(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 at least 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 at least 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;
Part VI – Specifications



Page 5 of 25

Tender  Ref:  GCIO  5/2  (T26)

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 at least 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;

(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 at least 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 at least 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;

Part VI – Specifications



Page 6 of 25

Tender  Ref:  GCIO  5/2  (T26)
or

(b)
at  least  three  (3)  years’  post-qualification  information  technology
experience of which at least 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 at least 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
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.
Part VI – Specifications



Page 7 of 25

Tender  Ref:  GCIO  5/2  (T26)

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

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
Part VI – Specifications



Page 8 of 25

Tender  Ref:  GCIO  5/2  (T26)

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:

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 below 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
Part VI – Specifications



Page 9 of 25

Tender  Ref:  GCIO  5/2  (T26)

is mainly deployed to perform any of the duties of staff category 3 as stated in
clause 3.1.4 below plus any of the following:

(a)
to  carry  out  quality  control  and  quality  assurance,  and  project
management duties as designated by the project manager;

(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

Part VI – Specifications



Page 10 of 25

Tender  Ref:  GCIO  5/2  (T26)
(i)
to monitor the performance of his subordinates.

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

Part VI – Specifications



Page 11 of 25

Tender  Ref:  GCIO  5/2  (T26)
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;

(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)

Part VI – Specifications



Page 12 of 25

Tender  Ref:  GCIO  5/2  (T26)
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.

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 below 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 below 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 below 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

Part VI – Specifications



Page 13 of 25

Tender  Ref:  GCIO  5/2  (T26)
(d)
to assist the Government in selecting tools and/or developing procedures
for planning, controlling and tracking program activities and assessing
goals and objectives.

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.

Part VI – Specifications



Page 14 of 25

Tender  Ref:  GCIO  5/2  (T26)

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 below in a supervisory role.

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 below 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 below 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 below 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;

Part VI – Specifications



Page 15 of 25

Tender  Ref:  GCIO  5/2  (T26)
(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;

(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
Part VI – Specifications



Page 16 of 25

Tender  Ref:  GCIO  5/2  (T26)

(h)
to supervise and lead the work of network engineers working in the same
team.

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 below 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 below 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